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Return & Undelivered Shipment Policy

This policy shall come into force with effect from 00:00 hours of 26th July 2019.

This Return and Undelivered Shipments Policy ("Policy") governs the return request raised by the Buyer(s), undelivered shipments to Buyer(s) and or Seller(s) in accordance with the terms of this Policy ("Return Request ") and the mechanism for resolution of disputes raised by the Buyer(s) and or Seller(s) in relation to the Return Request and Undelivered shipment.

Any capitalized terms used herein this Policy and not defined explicitly shall have the same meaning as defined in the the Terms Of Use Policy Terms of Use, as amended from time to time.

The Users understand that Shoption Private Limited (hereinafter referred to as ‘platform’, ‘we', ‘us’, ’our’) is an intermediary platform and shall mediate the Return Request and Undelivered Shipment without being liable to any loss occurred to Seller(s) and or Buyer(s). Our decisions in this regard will be final and binding on both Buyer(s) and Seller(s). It shall be sole responsibility of the Seller(s) and or Buyer(s) to resolve the issues/ concerns raised by the Buyer(s) and or Seller(s) pertaining to the Return Request and or Undelivered Shipment.

We shall not assume any liability for any failure on the part of the Buyer(s) and or Seller(s) to resolve the Return Request and or Undelivered Shipment raised by the Buyer(s) and or Seller(s).

We may modify this Policy from time to time, and any such changes will be reflected on the Platform and be effective immediately upon the changes being reflected on the Platform. Users agree to be bound to any such changes or modifications and understand and accept the importance of regularly reviewing the Policy as updated on the Platform from time to time.

 

Return Request

The Buyer(s) may raise a Return Request on the Platform for any one of the following reasons:

• Wrong Product(s)
• Product(s) is physically damaged but not in-transit.
• Part of the Order/ Product(s) is found to be missing due to reasons attributable to the Seller(s)

Without prejudice to the foregoing, the Buyer(s) may raise a Return Request for the following reasons ("Logistics RVP"):

• Part of the Order/ Product(s) are found to be missing due to any reasons attributable to the logistics.
• Product was damaged in-transit

At the time of making a Return Request on the Platform, Buyer(s) will be required to provide appropriate supporting documentation/ proof including without limitation.

• Images of the Product(s) indicating the issue in the Product/ shipment delivered. The images need to capture the following: (a) the shipping label with Order ID; (b) Order details; (c) packed shipment; (d) issue observed by the Buyer(s) in the Product; (e) damages to the Product; and/or (f) the IMEI number (in case the Product carry’s it.)
• Unboxing/ normal video clip indicating the issues in the Product/ shipment delivered. The video clip needs to capture all sides of the package, order details, shipping label, quantity of the Product, damages in the Product, IMEI number (in case the Product carry’s it.), any tampering with the outer box etc.
• Copy of bill/ tax invoice for the Product received.

If any further information or clarification is required from the Buyer(s), we will contact the Buyer(s). Upon receipt of a Return Request from the Buyer(s), we will internally scrutinize the Return Request raised by the Buyer(s). The Return Request raised by the Buyer(s) will either be approved or rejected by us. Our decision with approval or rejection of return request will be final and binding on both Buyer(s) and Seller(s).

 

Decision on the Return Requests

Basis our internal scrutiny of the Return Request raised by the Buyer(s), any of the following may occur:

Approval of the Return Request

• In this case, Seller(s) will dispatch correct healthy products full quantity as per order or difference quantity ( ordered – (minus) received by Buyer(s) ) whichever is applicable and the Reverse Shipment will be shipped to the Seller(s) in case of faulty or wrong products. Seller(s) will dispatch this shipment within 4 days of such communication to Seller(s) from our side, if Seller(s) fails to do so, we may charge & recover penalty of upto this original disputed order amount from Seller(s) and we will create a demand note of paid amount (to the Seller(s) from us for this original disputed order ) on Seller(s). Seller(s) must pay this demanded amount to us within 24 hours of such communication to Seller(s). Complete Logistic charges of this new shipments will be borne by the Seller(s). No full and or partial refund will be processed to Buyer(s) against this original disputed order. In case if Seller(s) fails to dispatch this shipment within forty five (45) days, we may take decision on full and or partial refund based on Seller(s) payment to us which will be binding on Seller(s).
• If we determine that the Return Request is a Logistics RVP, in such case,
• a. We will check if packing instructions (as per Packing Instructions) are being followed by Seller(s). If not, then we will initiate as per above mentioned clause Approval of the Return Request 1.1
• b. If we determine that the Return Request is a Logistics RVP, we will initiate insurance claim on damaged Return Requested Order(s)/ Product(s), it is binding on Seller(s) & Buyer(s) to cooperate by providing all documents asked by us and or third party service providers. Subject to this insurance claim settlement, we will initiate full or partial payment to the Seller(s) and or full or partial refund to the Buyer(s). We shall have the right to proceed with the liquidation of this Return Requested Order(s)/Product(s). Our decisions in this regard will be final and binding on both Buyer(s) and Seller(s).
• Rejection of the Return Request: The Return Request raised by Buyer(s) shall be rejected, in case of any of the following reasons
• If we find Return Request by Buyer(s) to be false and or misleading and or supportive documents are insufficient, or Buyer(s) is unable to provide sufficient proof in support of the claim.
• If the Buyer(s) does not respond to the inquiry calls and/or communication via other modes made by us to procure missing documentation and information in relation to the Return Request.
• We may, in our sole discretion, check the contents of the Returned Shipment that are picked up from the Buyer(s), however, we shall not assume any responsibility or liability with respect to such verification of the Shipment. If we choose to do such verification, our check will be limited to checking that the Order(s)/Product(s) which are handed over to us match the description of the Products, quantity, color, size, and/ or brand with the Order(s)/Product(s) for which Return Request has been raised. Buyer(s)'s Return Request shall automatically stand cancelled in case the Order(s)/Product(s) handed over to us do not pass the verification check. We will not entertain any further Return Request in case of any cancellation due to verification check.

 

Delivery of Reverse Shipment to the Seller(s)

Once the Return Request raised by the Buyer(s) is accepted, logistic partner will pick up the Shipment from the Buyer(s) ("Reverse Shipment")

The Reverse Shipment will be delivered to the Seller(s) by logistic partner. We will endeavor to make the first attempt to deliver the Reverse Shipment to the Seller(s) within two to forty five (2-45) days from the date of receipt of Reverse Shipment from the Buyer(s).

• For any delay in making the first attempt to deliver the Reverse Shipment beyond the said timeline due to reasons solely attributable to logistic partner, we shall communicate such delay to the Seller(s) within reasonable time. In case of unavoidable circumstances or occurrence of a force majeure event or any event beyond our reasonable control, timelines shall stand extended. The Seller(s) will be bound to accept the delivery of Reverse Shipment and sign the proof of delivery (POD).
• If we are unable to deliver the Reverse Shipment to the Seller(s) due to Seller(s)'s or its representative's unavailability at the delivery location on the first attempt, our logistic partner will make a maximum of two (2) more attempts to deliver the Reverse Shipment. We will endeavor to attempt delivery within the next forty-eight (48) hours from the last delivery attempt. Our Returns team will contact the Seller(s) to arrange for delivery of the Reverse Shipment. If despite our reasonable efforts, we are unable to deliver the Reverse Shipment to the Seller(s) in the third attempt, the Reverse Shipment will be transferred to our liquidation hub for liquidation. We will not be liable to pay the Seller(s) for the shipment and or any amount received after the liquidation.
• We will return the Undelivered Shipment to the Seller(s) on an 'as is' basis i.e., in the same condition as it is received by us from the Consignee. If required, at the time of delivery of the Reverse Shipment to the Seller(s), our logistic partner will open the Reverse Shipment at Seller(s)'s location and the Seller(s) will be bound to accept such shipment in an open condition. The Seller(s) agrees to allow logistic partner to take photos, videos, etc. of the opened Reverse Shipment. The Seller(s) further acknowledges and undertakes that such photos, videos, etc. and/or remarks by our logistic partner with respect to the Reverse Shipment ("Evidence") shall be used by us at the time of settling disputes (if any) that may be raised by the Seller(s) with respect to the Reverse Shipment. We may ask the Seller(s) to provide or submit additional documents in support of the dispute raised as per the terms of this Policy.
• At the time of delivery of the Reverse Shipment to the Seller(s) or any of the Seller(s)'s representatives, our logistic partner will require the Seller(s) to acknowledge the delivery of the same by signing on the proof of delivery document (POD). Seller(s) or its representative is required to sign on the POD and clearly call out the damage or tampering to the Reverse Shipment (if any).

 

At the time of receiving the Reverse Shipment, the Seller(s) or any of the Seller(s)'s representatives shall observe the following:

• Shall not detain our logistic partner for any reason whatsoever
• Any tampering, pilferage, Products received are wrong, Difference in the quantity or damage to the Reverse Shipment at the time of receiving the Reverse Shipment from us shall be written on the POD and the same shall be reported to us within 24 hours from the receipt of delivery of Reverse Shipment by mailing POD to us at [email protected] with subject Reverse Shipment Damage. If Seller(s) fails to notify us with all proofs within 24 hours, it shall be deemed as accepted by the Seller(s) without any damage or fault. Any grievances/ concerns received from the Seller(s) beyond the aforesaid timeline shall not be entertained by us.
• In the resolution of your request for damage in Reverse Shipment our decision shall be final and binding on Seller(s).
• The Seller(s) are bound to accept the delivery of Reverse Shipment. However, despite our reasonable efforts to deliver the Reverse Shipment, if the Seller(s) refuse to take delivery of the Reverse Shipment, we reserve our right to move the Reverse Shipment to our liquidation hub and liquidate or dispose off such Reverse Shipment in any manner as we may deem fit in our sole discretion.
• If it is found that the Seller(s) has misbehaved with our customer support team or forcefully detained or misbehaved with our logistic partner, we reserve the right to not deliver the Reverse Shipment and deduct & adjust the value of the Reverse Shipment from the Seller(s) sale proceeds. We further reserve the right to take appropriate action against the Seller(s) as per applicable laws.

The Seller(s)/Buyer(s) further agrees that our decision with this regard shall be final and binding.

The raising of a Return Request and dispute resolution is a mechanism of user protection and is subjected to guidelines of fair use. If we in our opinion become suspicious or become aware of any misuse of this Policy or the Platform by any User, we may notify such User for a change in applicability of our Policy. The User agrees to be bound to any changes or modifications made to this Policy as may be updated on the Platform, from time to time or any additional terms that may be communicated to the User, from time to time.

 

Undelivered Shipment

• Delivery of Shipment to Buyer(s)
• Shoption Private Limited or our third party logistics partner (hereinafter referred to as “we”, or “us” or “our”) will attempt to deliver the Shipment to the Buyer(s) for a maximum of two (2) attempts. However, in case of the occurrence of any one of the following event, we shall make no more than two (2) attempts to deliver the Shipment:
• Consignee refuses to accept the Shipment in first and or second
• Address of the Consignee is not found despite two (2) attempts to deliver the Shipment
• Buyer(s) asks us to hold the Shipment for delivery for more than five (5) days
• In the event, we receive a request from the Buyer(s) to hold the Shipment for onward delivery to the Consignee, we may do so only for a maximum period of five (5) days from the date of first attempt to deliver the Shipment, subject to availability of space in our and or third party logistics’ hub. Buyer(s) is liable to pay us and or our third party logistics’ hub charges. We may in our sole and absolute discretion accept or decline such request to hold the Shipment for Delivery at a future date. In case we decline such request to hold Shipment, we will consider the said Shipment as an Undelivered Shipment in terms of this Policy.
• Despite our reasonable efforts to deliver the Shipment to the Buyer(s), in some cases, there may be a delivery failure for various reasons, including without limitation:
• Consignee refuses to take delivery of the Shipment
• Consignee is unavailable at the delivery address to receive the Shipment
• Consignee does not have enough cash to make payment for the Shipment
• Consignee is not reachable at the time of delivery, or requests for future delivery attempts
• Such other scenarios which are beyond our reasonable control.

 

The Shipment in each of the above cases shall be referred to as “Undelivered Shipment”

In certain exceptional scenarios, where we have been given incorrect delivery address or where the delivery location is in a non-serviceable zone, i.e., where we are not able to deliver due to unforeseen circumstances or service unavailability, for such Shipment we will not attempt delivery to Buyer(s), and such Shipment shall also be deemed to be an Undelivered Shipment for the purposes of this Policy.

The Buyer(s) are bound to accept the delivery of the Shipment. However, despite our reasonable efforts to deliver the shipments, if it is converting to Undelivered Shipment, we reserve our right to move the Undelivered Shipment to our liquidation hub and liquidate or dispose of such Undelivered Shipment in any manner as we may deem fit in our sole discretion. Buyer(s) and or Seller(s) holds no right to ask us about such Undelivered Shipments. We shall not be liable to refund amount against the order raised by the Buyer(s) for the Undelivered Shipment or money received from liquidation of this Undelivered Shipment to the Buyer(s). We shall not entertain any claims brought by the Buyer(s) with respect to such Undelivered Shipment and the Buyer(s) agrees that the Buyer(s) shall not be entitled to receive any money or amount that we may receive from liquidation of such Undelivered Shipment.

 

Return of Undelivered Shipment to the Seller(s)

We will return the Undelivered Shipment to the Seller(s) on an 'as is' basis i.e., in the same condition as it is received by us from the Consignee. If required, at the time of delivery of the Reverse Shipment to the Seller(s), our logistic partner will open the Reverse Shipment at Seller(s)'s location and the Seller(s) will be bound to accept such shipment in an open condition. The Seller(s) agrees to allow logistic partner to take photos, videos, etc. of the opened Reverse Shipment. The Seller(s) further acknowledges and undertakes that such photos, videos, etc. and/or remarks by our logistic partner with respect to the Reverse Shipment ("Evidence") shall be used by us at the time of settling disputes (if any) that may be raised by the Seller(s) with respect to the Reverse Shipment. We may ask the Seller(s) to provide or submit additional documents in support of the dispute raised as per the terms of this Policy.

In case of any delay in delivery of Undelivered Shipment to the Seller(s) due to any force majeure event or reasons beyond our reasonable control, the timelines mentioned here shall stand extended and we will endeavor to update and send communications to the Seller(s) along with the updated timelines for delivery of the Undelivered Shipment.

Seller(s) (or it’s representative) while accepting the delivery of Undelivered Shipment will be required to sign and attach a seal of the Seller(s)’s company/ LLP/ firm, as the case maybe, on the proof of delivery (POD).

 

At the time of receiving the Undelivered Shipment, please keep in mind the following:

• We do not provide any open box delivery to anyone
• Seller(s) will not detain our field executive for any reason whatsoever
• Seller(s) will clearly mention about any tampering, pilferage, or damage to the Shipment on POD at the time of receiving the Undelivered Shipment from us and immediately raise concerns within the timelines mentioned in this Policy.
• Our executive will not wait for more than 10 minutes at the Seller(s)’s premises
• Our executive may ask the Seller(s) to open the Shipment in case the Seller(s) writes on the POD that the Undelivered Shipment is tampered or damaged to validate the Seller(s)’s claim

The Seller(s) are bound to accept the delivery of Undelivered Shipment. However, if the Seller(s) refuses to accept delivery of the Undelivered Shipment or if the Seller(s) shop/Warehouse/Manufacturing unit/ company/hub/ is closed, we shall make a maximum of two (2) more attempts to deliver the Undelivered Shipment to the Seller(s) within two (2) days from the date of first attempt. Our team will contact the Seller(s) to arrange for delivery of the Undelivered Shipment. Please take note that we will keep such Undelivered Shipment at the hub for a total period of five (5) days and it will attract additional cost to Seller(s).

 

Refusal to accept Undelivered Shipment by the Seller(s)

If after the two (2) attempts to deliver the Undelivered Shipment to the Seller(s), as mentioned above, the Seller(s) refuses to take delivery of the Undelivered Shipment or we are unable to deliver the Undelivered Shipment, the Seller(s) agrees and acknowledges that we shall be entitled to move the Undelivered Shipment to our liquidation hub and liquidate or dispose off such Undelivered Shipment, in any manner as we may deem fit in our sole discretion. In case of any payment made by us against this Undelivered Shipment, the Seller(s) is liable to repay us an entire amount which has been paid to the Seller(s) against this material within 24 hours of such communication to Seller(s) from us.

We shall not be liable to pay or refund (whichever is applicable or both) against the invoice raised by the Seller(s) for the Undelivered Shipment or pay any money received from liquidation of Undelivered Shipment to the Seller(s). We shall not entertain any claims brought by the Seller(s) with respect to such Undelivered Shipment and the Seller(s) agrees that the Seller(s) shall not be entitled to receive any money or amount that we may receive from liquidation of such Undelivered Shipment.

 

Process of Claims by the Seller(s)

• If the Seller(s) finds the Undelivered Shipment to be tampering, pilferage, products received are wrong, difference in the quantity or damage or not in a good condition, the Seller(s) can mention such details on the POD and can raise grievances/ concerns by mailing us at [email protected] with respect to the Undelivered Shipment within 24 hours from receipt of delivery of the Undelivered Shipment, failing which the Undelivered Shipment shall be deemed as accepted by the Seller(s) without any damage or fault. Any grievances/ concerns received from the Seller(s) beyond the aforesaid timeline shall not be entertained by us. Our decision in this regard shall be final and binding on the Seller(s).
• Any POD without Seller(s) or Seller(s) representatives' signatures and seal of the company/ LLP/ firm will not be considered while investigating into and validating the claims raised.
• Please take note that if it is found that the Seller(s) writes on the POD for every Undelivered Shipment received by the Seller(s) to be 'damage/doubtful/tampered', irrespective of whether such Shipment is damaged, tampered then we will consider such concern raised by the Seller(s) as null and all such claims will be rejected. Our decision in this regard shall be final and binding on the Seller(s).
• Upon receipt of the complaint or dispute on the mail, our dispute team will get in touch with the Seller(s) to resolve the concerns or disputes. Please take note that only claims for such Shipments that meet our packaging guidelines will be entertained. If our team finds your claim to be valid, we will refund partial or full payment to you subject to insurance claim settlement. Seller(s) agrees that our decisions in this regard will be final and binding on the Seller(s).
• ​ The Seller(s) agrees to co-operate with us while investigating the claim raised by the Seller(s) and provide us necessary documents or information which we may require to investigate into the issue or concern raised by the Seller(s) within 24 hours from requesting such document/ information. The Seller(s) further agrees that our decision with respect to the investigation shall be final and binding.
• We may require certain documents/ information from the Seller(s)’s end in support of the claim, at the time of raising a claim or post submission of the claim.

 

These documents/proof in support of the claim may, include without limitation:

• Unpacking/ normal video clip indicating the issues in the Undelivered Shipment. The video clip needs to capture all sides of the package, return ID, AWB number, shipping label, quantity of the returned product, damages in the Product, IMEI number (in case of smartphones), any tampering with the outer box etc. We may also ask for the CCTV footage of the unpacking video
• Copy of the invoice raised by the Seller(s)
• ​​Images of the damaged / wrong product received. Images capturing all the sides of the product needs to be provided
• Packing video (CCTV footage) of the Order when it was being prepared to be shipped to the Buyer(s), if required
• Upon receipt of the Seller(s)’s claim and necessary documentation in support of the claim, Subject to this insurance claim settlement, we will initiate Full or partial Payment to the Seller(s) and or full or partial refund to the Buyer(s). We shall have the right to proceed with the liquidation of this original disputed orders Product(s). Our decisions in this regard will be final and binding on both Buyer(s) and Seller(s).
• We reserve the right to reject the dispute raised by the Seller(s), if we in our opinion become suspicious or become aware of any misuse of this Policy or the Platform by the Seller(s) or where the Seller(s) is marked as a "Flagged Seller(s)".

For the purposes of this Policy, Flagged Seller(s) shall mean to include:

• Any Seller(s) that misuses the Platform in any manner whatsoever;
• Any Seller(s) who disputes frequently, where such disputes are found to be non-genuine or suspicious; and/or
• ​​Any Seller(s) who has been found to be in non-compliance of the Terms and other returns policies that may be communicated to the Seller(s), from time to time.

 

Other Provisions

Random Audits by the hub or security team will be carried out at the Seller(s)’s premises to ensure Seller(s)’s compliance with the Terms. If any non-compliance to any of our policies or any other kind is found we may reject future claims from the Seller(s) and may recover any amount processed as refund before.