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BUYER PROTECTION POLICY

 

Overview

This policy applies to non delivery of items, damaged items, not as described items or empty boxes. 

Non delivery. If we determine that the item was not delivered, we will refund the full cost of the item plus original shipping to the buyer. The seller must then reimburse Smoshe for that amount refunded to the buyer. If the buyer refuses delivery, however, their claim is not eligible for our Buyer Protection, unless the buyer can prove, via written evidence from the carrier, that the package was refused because it arrived empty or was damaged during shipping.

Item Damaged – Not As Described – Empty Box.  If you receive an item that doesn’t match the listing description, your first step is to immediately contact your seller. After discussion with your seller, you may arrange for a refund or exchange. If the buyer and seller agrees on a return, the buyer must return the item in the same condition in which it was received. After confirming that the item was returned to the seller, a refund will be issued. The seller will be responsible for this refund. A deduction in the total of the refund, minus Smoshe fees, will be placed against the seller’s account. 

If the seller does not respond or offer a reasonable solution (i.e accepting a return, offering a replacement or issuing a refund) within 3-days, you should initiate a dispute with Smoshe. Disputes will be conducted over a 3-day period. During this period, the buyer will be able to state their grievance and sellers will be able to respond. All messages between the buyer and seller will be evaluated by Smoshe if the issue cannot be settled within the 3-day period. The dispute is eligible for escalation after the 3-day period. Escalation will result in Smoshe determining the final decision of the case. During this time, Smoshe will review the item description, photos of the item received and any other relevant information.

The following are instances in which a return of an item prior to issuing a refund will not be required: 

–  If the seller denies your return request,

–  If the location of the item(s) is misrepresented (Non-deliverable return address).

–  If the item is dangerous/hazardous in any way.

* Note: In the event of case escalation, buyers and sellers will have to accept the final ruling issued by Smoshe.  

Policy Exclusions

The following events are not covered by this Policy:

–  If the buyer and seller conducts the transaction for the item through another payment processing system and/or platform.

–  Buyer’s mistake/remorse/change of mind: buyer purchased the wrong item or subsequently decided that this is not the item that they want.

–  Item already refunded: a refund has already been received from the seller or anyone else for the item in full (including shipping). If you only received a partial refund, we will consider whether this has fulfilled the seller’s obligations.

–  Items shipped to another address after original delivery.

–  Duplicate claims. If the seller used a different resolution process (e.g., PayPal Purchase Protection, or requesting a chargeback from your payment provider), then you can only use that method to resolve the problem with the item. You are not eligible for our Buyer Protection.

–  Fraud: No refunds are issued if we believe the claim is fraudulent.

How to proceed with the claim?

Before filing a dispute, the buyer must contact the seller within 30 days of receipt or the latest estimated delivery date. The seller must respond in 3 business days. If the seller does not respond or offer a suitable solution, the buyer can file a dispute with us within 3-days of contacting the seller.  In some cases, we may extend the deadline to file a dispute with Smoshe due to special circumstances (e.g., fraud, the buyer is in a remote location, force majeure).  It is important for the buyer to take photos of the items to facilitate resolution process.

The buyer and the seller must:

–  Cooperate with us in good faith to help resolve the dispute.

–  Answer our questions, forward relevant correspondence, send photos, receipts and any other evidence that will help establish the nature and condition of the item, or whether it was delivered.

–  In the event of a return, the buyer has 5 days to ship the return. Tracking must be added to the shipped item.

–  If the buyer has returned an item for a refund, the seller has 5 days from receipt of the item to submit the refund.