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Buyer Guarantee

  • Updated

Buyer Guarantee

 

  1. When does our Buyer Guarantee apply?

 

Under the Consumer Guarantees Act 1993, you have certain rights and guarantees in relation to products you purchase. These rights and guarantees are actionable against suppliers (i.e. our Merchants) and/or the product manufacturers. However, to ensure you have a great buying experience, we also offer a Buyer Guarantee, which is intended to align with your rights under the Consumer Guarantees Act 1993. You will generally be covered by our Buyer Guarantee when products you have purchased on TheMarket are faulty or defective, are not the same as advertised, are fake or are incorrect or have not arrived.

 

You accept that our Buyer Guarantee is not a form of insurance or product warranty.

 

Please note, our Buyer Guarantee does not apply to the following situations:

  • Buyer’s Remorse: if you decide that you do not like your product or if you have changed your mind. In this instance please follow our 30 day return policy. 
  • Buyers Mistake: if you have ordered the wrong item (e.g. you wanted a Large T-shirt, and accidently ordered a Small). In this instance please follow our 30 day return policy. 
  • Fraudulent Claims: if we deem you to have acted fraudulently (e.g. if we have evidence from a courier that you received your product, we will not accept a complaint that your product has not been delivered).
  • Items shipped to a "vacant” address: if you have addressed your order to be delivered to a vacant, empty or unsafe address. 

 

  1. My product is faulty or defective

 

The following process will apply where you believe that:

  • Your product is faulty or defective (e.g. it does not work, is unsafe, is not fit for purpose, or is not acceptable in appearance and finish).
  • The product you have received is different to what you have ordered: e.g. you ordered a small size but have received a large.
  • The number of products you have received is incorrect: e.g. you ordered 3 shirts but only received 2.
  • The product you have received is a fake.
  • The product you have received looks different from how it is advertised on TheMarket (please note however that due to photographic and screen limitations, some actual products may differ to a small extent in visual appearance from the way they appear on the Platform).
  • The product you have received has been damaged during delivery or is empty: e.g. you have ordered glassware but the product was broken when you took it out of the packaging, or, the package delivered was empty.
  • The product is missing pieces or parts (e.g. you order a remote-control car and do not receive the remote control).

 

  1. You must lodge a complaint with TheMarket via the Platform within a ‘reasonable time’ of receiving your product.
  2. Within 5 business days of receiving your complaint, TheMarket will liaise with the Merchant and will either (i) determine whether or not you are eligible for our Buyer Guarantee; and/or (ii) request that you send your product to the Merchant’s return location so that either we or the Merchant can complete an investigation.
  3. Where you are required to send back your product, you may take it to a pick up or drop off location (as notified to you at the time you lodge the complaint) (in which case it will be shipped to the Merchant’s return location free of charge), or, you may arrange your own shipping (which may not be refunded). We recommend that you keep evidence that you have sent your product back to the Merchant’s return location. If you are sending back a product that is damaged, please also send the parcel or cover in which your product came as it may be used to make a claim against the relevant courier company.
  4. Where we have requested that you send your product back to the Merchant’s return location, TheMarket will make a decision as to whether or not you are eligible for our Buyer Guarantee, within 5 business days of receiving the product.
  5. If, following consultation with the Merchant, TheMarket determines that you are eligible for our Buyer Guarantee, in the first instance, the Merchant will either repair your product, or issue you with a replacement or a refund.

 

 

  1. My product has not arrived

 

This section applies where your product has not arrived, or where your product did not arrive within the timeframe specified for your order (allowing for reasonable delay).

 

Please note that generally, you are responsible for accepting a product when it is delivered to your delivery address. You will not be eligible for our Buyer Guarantee where (i) you refuse delivery, or (ii) your product has been tracked and signed as delivered.

 

If you believe that your product has not arrived (or if your product did not arrive within the timeframe specified for your order, allowing for reasonable delay), you may be eligible for our Buyer Guarantee. The following process will apply:

 

  1. You must lodge a complaint with TheMarket via the Platform within a ‘reasonable time’ following the period within which delivery should have been made.
  2. Within 5 business days of receiving your complaint, TheMarket will determine whether or not you are eligible for our Buyer Guarantee.
  3. If, following consultation with the Merchant, TheMarket determines that you are eligible for our Buyer Guarantee, in the first instance, the Merchant will issue you with a replacement product, or a refund.

 

 

  1. Issue of refunds

 

If the Merchant notifies you that you will be issued with a refund, you will be refunded within 2 business days of such notice. If you do not receive your refund within this time, please let us know and we will process your refund on the Merchant’s behalf.

 

You will be refunded to the payment method that you   to pay for your products. Refunds for purchases made through ZIP will be made with the involvement of ZIP and may take up to seven days. When a refund is approved by ZIP, you will be refunded for the amount that you have paid. Refer to ZIP's terms and conditions for further information.

If we cannot make payment back to the payment method you used to make your purchase, we will need to make alternative arrangements with you.  In the first instance you will need to contact one of our customer experience team to let them help with the refund.

 

 

  1. Using other methods to claim

 

You cannot use multiple methods to get a refund or replacement of your products. After selecting a process (e.g. through our Buyer Guarantee, or requesting a chargeback from your payment provider) you may only use that process to resolve your complaint.

 

If you request a chargeback from your payment provider or file any other dispute, any requests already opened through TheMarket for the same product will be cancelled.

 

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