Return Policy – T:MARKET

T:Market Return Policy

1. Seller Responsibility

Sellers on T:Market are solely responsible for establishing and implementing their own return policies. This includes:

Clarity and Transparency:

Sellers must provide a clear, comprehensive, and easily accessible return policy to buyers.
The return policy must be written in plain language, avoiding complex legal jargon or ambiguous terms.
Sellers must ensure that the return policy is prominently displayed on their shop page or product listing.
The return policy must be available to buyers before they make a purchase.

Specifics of the Policy:

The return policy must clearly state whether returns are accepted or not.
If returns are accepted, the policy must specify the timeframe within which returns are allowed.
The policy must detail the conditions for accepting returns, such as the required condition of the item and whether original packaging is necessary.
The policy must outline the process for initiating a return, including any specific steps the buyer needs to take.
The policy must specify who is responsible for return shipping costs.
The policy must disclose any restocking fees or other charges that may apply to returns.

Compliance and Responsiveness:

Sellers are expected to comply with their stated return policies in a timely and professional manner.
Sellers must respond promptly to buyer inquiries regarding returns.
Sellers must process returns and issue refunds or exchanges within a reasonable timeframe.

Accuracy and Fairness:

Sellers must ensure that their return policies are accurate, fair, and comply with all applicable laws and regulations.
Sellers must not misrepresent their return policies or mislead buyers about their rights.

Record Keeping:

Sellers are responsible for maintaining records of all return transactions.
Sellers must be able to provide proof of return shipping and any refunds or exchanges issued.

Cooperation with T:Market:

Sellers must cooperate with T:Market in any investigation or dispute resolution process related to returns.
Sellers must provide T:Market with any information or documentation requested in connection with a return dispute.

2. Return Policy Disclosure

2.1 Clarity and Accessibility

Plain Language: Sellers must present their return policies in a clear and straightforward manner, using language that is easy for buyers to understand. Avoid technical terms or legal jargon that may confuse buyers.
Prominent Placement: The return policy should be displayed in a prominent location on the seller’s shop page or product listing. It should be easily accessible to buyers before they make a purchase. Consider placing the return policy in a dedicated section titled “Shipping and Returns” or “Return Policy.”
Format: Use a format that is easy to read and understand. Consider using bullet points, headings, and subheadings to organize the information in a clear and concise way.

2.2 Required Information

Given that T:Market currently facilitates pick-up from designated drop-off points instead of direct shipping, the return policy disclosure must include specific and detailed information relevant to this fulfillment method. At a minimum, the following information must be included:

Acceptance of Returns: The seller must clearly state whether they accept returns or not. If returns are not accepted, this should be explicitly stated.
Timeframe for Returns: If returns are accepted, the timeframe within which buyers can initiate a return must be specified. This should be a reasonable period, such as 14 days or 30 days from the date of purchase.
Conditions for Returns: Clearly outline any conditions that must be met for a return to be accepted. For example, the item must be unused, in its original packaging, and with all tags attached. The seller may also specify that the item must not be damaged or altered in any way.
Return Process: Provide step-by-step instructions on how buyers can initiate and complete a return. This may include contacting the seller, presenting proof of purchase, and arranging a suitable time to return the item to the designated drop-off point.
Return Location: Clearly identify the designated drop-off point where the buyer can return the item. Provide the full address and any other relevant details, such as opening hours or contact information for the drop-off point.
Inspection Period: Specify the timeframe within which the seller will inspect the returned item to determine if it meets the conditions for a return. This should be a reasonable period, such as 2-3 business days.
Refund/Exchange Process: Clearly explain the process for issuing refunds or exchanges. Specify the timeframe for processing refunds or exchanges, and any applicable fees or deductions.
Non-Returnable Items: Clearly list any items that are not eligible for return. This may include items that are personalized, perishable, or on sale.

2.3 Updates and Amendments

Notification of Changes: Sellers must notify buyers of any changes to their return policies before they make a purchase. This can be done by updating the return policy on their shop page or product listing and providing a notice to buyers at the time of purchase.
Effective Date: Clearly indicate the effective date of any changes to the return policy.

2.4 Compliance with Laws

Legal Compliance: Sellers are solely responsible for ensuring that their return policies comply with all applicable laws and regulations in Israel, including consumer protection laws and distance selling regulations.
Due Diligence: Sellers should stay informed about any changes in applicable laws and regulations and update their return policies accordingly.

2.5 Indemnification

Protection for T:Market: Sellers agree to indemnify and hold T:Market harmless from any claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or relating to any disputes or claims related to their return policies or return transactions with buyers.
Cooperation: Sellers must cooperate fully with T:Market in any investigation or dispute resolution process related to returns.

3. Buyer Responsibility

3.1 Pre-Purchase Review

Buyers are responsible for reviewing and understanding the seller’s return policy before making a purchase. This includes:

Carefully reading the entire return policy, including any conditions, restrictions, or fees that may apply.
Seeking clarification from the seller if any aspect of the return policy is unclear or ambiguous.

3.2 Understanding the Policy

Buyers are expected to understand the implications of the seller’s return policy, including:

Whether returns are accepted at all.
The timeframe within which a return must be initiated.
The condition in which the item must be returned.
Who is responsible for return shipping costs.
Any applicable restocking fees or other charges.

3.3 Adherence to Policy

If a buyer decides to return an item, they must adhere to the seller’s stated return policy, including:

Initiating the return within the specified timeframe.
Meeting any conditions for returns, such as returning the item in its original condition and packaging.
Following the seller’s instructions for return shipping or drop-off.

3.4 Communication with Seller

Buyers are encouraged to communicate with the seller promptly if they encounter any issues with their order or wish to initiate a return. Clear and timely communication can help resolve any potential disputes or misunderstandings.

3.5 Dispute Resolution

In the event of a dispute with a seller regarding a return, the buyer is encouraged to first attempt to resolve the matter directly with the seller. If a resolution cannot be reached, the buyer may contact T:Market for assistance in mediating the dispute.

3.6 No Liability for T:Market

T:Market shall not be liable for any losses, damages, or disputes arising from return transactions between buyers and sellers. Buyers and sellers agree to resolve any such issues directly with each other or through a mutually agreed-upon dispute resolution process.

4. T:Market's Role

4.1 Platform Provider

T:Market’s primary role is to provide a platform for buyers and sellers to connect and engage in transactions involving second-hand goods. T:Market is not a party to any transaction between buyers and sellers and does not take ownership or possession of any goods sold on the platform.

4.2 Facilitation and Support

T:Market facilitates transactions by providing tools and services that enable buyers and sellers to:

List and discover products.
Communicate with each other.
Process payments securely.
Arrange for the pickup or delivery of goods.

T:Market also provides customer support to both buyers and sellers to help resolve any issues or questions they may have regarding the platform or its services.

4.3 Mediation and Dispute Resolution

While T:Market is not directly involved in return transactions between buyers and sellers, it reserves the right to mediate disputes that may arise between buyers and sellers regarding returns. This may involve:

Facilitating communication between the parties.
Helping the parties reach a mutually agreeable resolution.
Providing information and guidance on relevant policies and procedures.

If the parties are unable to resolve the dispute through mediation, T:Market may, at its discretion, take further action, such as:

Issuing a refund or credit to the buyer.
Suspending or terminating the seller’s account.

4.4 Monitoring and Enforcement

T:Market reserves the right to monitor return transactions and seller compliance with return policies. This may involve:

Reviewing seller return policies for compliance with applicable laws and regulations.
Investigating buyer complaints regarding seller return practices.
Taking action against sellers who consistently fail to honor their stated return policies.

4.5 No Liability

5. No Liability

5.1 General Disclaimer

T:Market shall not be liable for any losses, damages, or disputes arising from return transactions between buyers and sellers. Buyers and sellers agree to resolve any such issues directly with each other, or through a mutually agreed-upon dispute resolution process.

5.2 Scope of No Liability

T:Market’s no-liability clause extends to, but is not limited to, the following:

Misrepresentation or Fraud: T:Market shall not be liable for any misrepresentation or fraud committed by either the buyer or seller in connection with a return transaction.
Item Condition: T:Market shall not be liable for any discrepancies in the condition of the item as described by the seller or perceived by the buyer.
Shipping or Delivery Issues: T:Market shall not be liable for any issues related to the shipping, delivery, or pickup of returned items, including but not limited to lost, damaged, or stolen items.
Refund or Exchange Disputes: T:Market shall not be liable for any disputes arising from the processing of refunds or exchanges, including but not limited to delays, errors, or non-compliance with the seller’s return policy.
Third-Party Actions: T:Market shall not be liable for any actions or omissions of third parties involved in the return process, such as shipping carriers or payment processors.

5.3 Disclaimer of Specific Liabilities

T:Market specifically disclaims any liability for:

Direct Damages: Any direct damages incurred by either the buyer or seller as a result of a return transaction, including but not limited to the cost of the item, shipping costs, or restocking fees.
Indirect Damages: Any indirect, incidental, consequential, special, or punitive damages incurred by either the buyer or seller, including but not limited to lost profits, loss of business opportunities, or damage to reputation.
Personal Injury or Property Damage: Any personal injury or property damage arising from the use or return of an item purchased on T:Market.

5.4 Indemnification

Buyers and sellers agree to indemnify and hold T:Market harmless from any claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or relating to any disputes or claims related to their return transactions.

5.5 Assumption of Risk

Buyers and sellers acknowledge and agree that they are solely responsible for managing the risks associated with return transactions. T:Market provides a platform for facilitating such transactions but does not guarantee the outcome or assume any liability for any losses or damages incurred.

5.6 Enforceability

If any provision of this No Liability clause is held to be invalid or unenforceable, such provision shall be struck from this Return Policy and the remaining provisions shall remain in full force and effect.

5.7 Governing Law

This No Liability clause shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles.

6. Indemnification

6.1 Seller Indemnification

Sellers agree to indemnify and hold T:Market, its affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:

Breach of Return Policy: Any breach of the seller’s stated return policy, including but not limited to failure to accept returns, failure to process returns in a timely manner, or failure to issue refunds or exchanges in accordance with the stated policy.
Misrepresentation: Any misrepresentation or misstatement made by the seller regarding the condition, quality, or authenticity of an item, or any other material aspect of the transaction.
Product Defects: Any defects or deficiencies in the quality, safety, or legality of an item sold by the seller, resulting in claims or losses for T:Market.
Infringement: Any infringement of intellectual property rights, including but not limited to copyrights, trademarks, and patents, arising from the seller’s listing or sale of an item on T:Market.
Misconduct: Any misconduct or negligence by the seller in connection with a transaction on T:Market, including but not limited to fraud, misrepresentation, or failure to comply with applicable laws and regulations.

6.2 Buyer Indemnification

Buyers agree to indemnify and hold T:Market, its affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:

False Claims: Any false or misleading claims made by the buyer regarding the condition or quality of an item received, resulting in claims or losses for T:Market.
Abuse of Return Policy: Any abuse or misuse of the seller’s return policy, including but not limited to attempting to return ineligible items or making excessive or frivolous return requests.
Damage to Items: Any damage caused to an item by the buyer after receiving it, resulting in the item becoming ineligible for return or requiring additional costs for repair or replacement.
Interference with Transactions: Any interference or disruption caused by the buyer to other transactions on T:Market, including but not limited to interfering with the listing or sale of items by other sellers.
Misconduct: Any misconduct or negligence by the buyer in connection with a transaction on T:Market, including but not limited to fraud, harassment, or failure to comply with applicable laws and regulations.

6.3 Scope of Indemnification

The indemnification obligations under this Section 6 shall extend to any and all claims, losses, damages, liabilities, costs, and expenses, including but not limited to:

Direct damages
Indirect damages
Consequential damages
Incidental damages
Special damages
Punitive damages
Attorney’s fees
Court costs
Expert witness fees
Settlement costs

6.4 Survival

The indemnification obligations under this Section 6 shall survive the termination of this Return Policy or any transaction on T:Market.

6.5 Enforcement

T:Market reserves the right to enforce the indemnification obligations under this Section 6 through any available legal means, including but not limited to bringing a lawsuit against the indemnifying party.

7. Governing Law

This Return Policy shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles.

8. Changes to this Return Policy

T:Market reserves the right to modify or amend this Return Policy at any time and for any reason. Any changes will be effective immediately upon posting the revised version on the T:Market platform.