General Returns, Refund and Transaction Dispute Rules

 

General Returns and Refund:

Article 1.

To be eligible for a return, please send 3 - 4 images of the product with good resolution to ascertain the reason for return. Upon eligibility, you can discuss the same with the supplier. And;
Please record a video of Unpacking or unboxing the shipment received and send the video & images to supplier so supplier can ascertain the authenticity of the damage.

• a) For damaged/ defective products, the refund will be issued only if the product cannot be repaired or replaced by supplier.
• b) For orders with missing parts or accessories, or different from what was ordered, the supplier will try to replace or repair before any refund is agreed upon.
• c) Refunds will be processed online.
• d) Refunded amounts may be credited into your Santakart wallet.
• e) Refunds will not be processed in cash.
• f) If the original payment method you used to make the payment (credit/ debit card) is no longer valid, we'll issue a refund to your Santakart wallet.
• g) When we receive a payment failure notice from your bank, we will send you an email asking you to call us. When you call us back, after the security questions, we will collect your name and the address where we can proceed with the refund.
• h) You may be eligible to cancel the order within 24hrs from the time of order. After 24hrs order may not be cancelled and we may send payment to the supplier.

In general, an item may be eligible for return if it fulfils one or more of the following conditions:

• a) It was delivered in a physically damaged condition
• b) It has missing parts or accessories
• c) It is different from what was ordered
• c) It is different from what was ordered

Products marked as "non-returnable" and or below items cannot be returned.

• a) Custom-made goods ordered by consumers
• b) Fresh or perishable goods
• c) Audio-visual products downloaded or unsealed by consumers and digital
• d) Goods that may change or affect people’s safety or health once unsealed
• e) Goods that devalue substantially once activated or used
• f) Goods that have been clearly marked with imminent use-by dates or defects notification at the time of sale.
• g) Goods marked as "non-returnable”

Note: Always discuss with supplier about supplier refund & return policy. Santakart.com merely is a platform where supplier and buyers can do business online. In case of any refund or return supplier policies will prevail over santakart.com. Each supplier may have a different refund or return policies and we request buyers to get familiarise with such policies before any transaction takes place.

Upon discussing with supplier about return or return, All items must be returned to the supplier in their original condition, with all tags intact, user manual, warranty cards, original accessories and in the original manufacturer’s box/packaging as delivered to you. Supplier may reject the return if the items are not returned as per their original condition. In some cases, items may not be eligible for return, including cases of buyer's remorse such as incorrect model or color of product ordered or incorrect product ordered.

If you want to return the products, if your products meet the return/ refund policy, you can contact the supplier directly via santakart.com and or you can open the dispute. When you both reach an agreement of "Refund or Return" with your supplier, you need to arrange the goods returning offline and Upload return information (shipping method, logistics, tracking NO., etc) within 4-7 days or as per discussion between buyer and supplier, otherwise the return may be closed and the dispute will be cancelled automatically.

In any case where a refund is required, the supplier needs to authorize that refund. Santakart can only assist in facilitating refunds only when the supplier notifies us of the receipt of the item. Once the supplier notifies us of the receipt of the return item, the following timelines may apply for the amount to be credited.

Payment Method	Refund Method	Refund Timeframe (After seller notifies Santakart of receipt of return)
Credit Card/ Debit Card	Credit Card/ Debit Card	10-15 Business Days
Net/Online Banking	Net/Online Banking Account	10-15 Business Days

Returns, Refund and Transaction Dispute Rules:

Chapter 1 Overview

These Rules are formulated in accordance with relevant provisions of the Santakart.com.

Article 2 When a dispute arises between the Buyer and the Supplier after they have conducted an online sale and purchase of products transaction through the Santakart.com if either party submits their disputes to Santakart.com the following Rules will apply.

Article 3 If the Buyer and the Supplier otherwise agree upon the rules for handling the transaction disputes, Santakart.com has the right to decide whether rules will be applied, except the rules contradicts the rules on Santakart.com

Article 4 Notices related to disputes sent by Santakart.com to the Buyer and/or the Supplier through the Santakart.com system, official communication tools, e-mail, telephone, etc. constitute the basis for deciding the disputes.

Chapter 2 Definitions

Article 5 Santakart.com International Platform refers to the website www.Santakart.com and its policies mentioned.

Article 6 Online Transaction is as defined in the Santakart.com other policies.

Article 7 Purchase Contract: refers to the agreement between the Buyer and the Supplier with respect to the purchase of products and services on Santakart.com

Article 8 Quality Problems means the material, craftsmanship, and/or quality of the products delivered by the Supplier fails to meet the provisions of the Purchase Contract, or there is damage, functional failure, missing parts or other issues that may prevent their normal use.

Article 9 Inconsistent Description means that the product name, brand, model, colour, specification, quantity, material, style, function, and/or other information with respect to the products delivered by the Supplier are inconsistent with the descriptions on the products detail page, the provisions of Purchase Contract, or the communication records between the Supplier and Buyer.

Article 10 Infringement means the products delivered by the Supplier infringe upon the intellectual property rights of third parties.

Article 11 Customs Detention means the products are attached, confiscated, destroyed, or detained by the customs of the importing country due to reasons such as violation of restrictions imposed by the importing country, no customs clearance, declaration errors, products infringement and contraband control.

Article 12 Return of Products and Refund means Supplier refunds the purchase price in whole to the Buyer after the Supplier signs for receipt of the products returned by the Buyer.

Article 13 Partial Refund means the Supplier refunds a portion of the purchase price to the Buyer after the Buyer signs for receipt of the products delivered by the Supplier.

Article 14 Refund means the Supplier refunds the purchase price to the Buyer in whole and the Supplier negotiates with the Buyer to determine whether to return the products.

Article 15 Date of Shipment as defined in the Trade Assurance Services Rules.

Article 16 Force Majeure means circumstance or event that is unforeseeable, unavoidable, or insurmountable for the Buyer and the Supplier when they enter into a contract, including but not limited to natural disasters (e.g. typhoons, heavy rain, hail, earthquakes, tsunamis, floods, volcanic eruptions, landslides), anomalies (e.g. wars, armed conflicts, riots, uprising, fires, explosions, toxic spills, serious outbreaks), and government actions (e.g. regulation and control, expropriation, requisition).

Chapter 3 Acceptance

Article 17 Application for dispute resolution shall be made within the time limit prescribed by Santakart.com which cannot exceed 10 calendar days after the Date of Confirmed Receipt of the Products. If the order is closed by Santakart.com application shall be made within Ten days of receipt of the notice that the order has been closed. If there are special provisions, such provisions shall prevail.

Article 18 Santakart.com has the right to extend the time limit or not to set a time limit for accepting application for dispute resolution if, in Santakart.com reasonable opinion, there is a dispute involving suspected fraud (including but not limited to false shipment, serious quality deficiencies, a large quantity of inconsistent products, and other obvious malicious non-compliance or evasion of debts) or any other circumstances that Santakart.com considers necessary.

Article 19 Santakart.com has the right to refuse to accept the following applications, and the Supplier and the Buyer should resolve the dispute by themselves:

• An application for dispute resolution was not filed within the time limit;
• The Supplier and the Buyer have reached a settlement agreement and the performance thereof has been completed, but either or both of the parties has/have changed their minds, thereby resulting in a dispute;
• The Buyer and the Supplier collude in bad faith and use the Santakart.com Sites to conduct false transactions or commit other illegal acts;
• After a Refund is processed, the Supplier needs to retrieve the products, thereby resulting in a dispute;
• Either party claims for compensation that exceeds the amount of the transaction (including purchase price, inspection fees, shipping and bank charges), unless otherwise specified;
• Applications that Santakart.com is unable to accept based on the evidence provided by both parties;
• Disputes not related to the Online Transaction (including, without limitation, the products violates the product posting rules of Santakart.com and defamation by either the Supplier or the Buyer); and
• Where these Rules have special provisions about other circumstances that will not be accepted, such provisions shall prevail.

 

 

 

 

Chapter 4 General Rules

Article 20 The Buyer and the Supplier shall provide evidence for their respective claim or defense no later than (3) three working days after making application for dispute resolution or receiving the notice of dispute resolution from Santakart.com and shall undertakes that the evidence provided is authentic, complete, relevant and legitimate. Santakart.com has the right to obtain evidence on its own or from a third party as it deems necessary, and determine the liability of the parties and the disputes based on the reasonable man standards and international trade practices.

Article 21 If either party submits false, altered, or forged evidence, or fails to submit evidence that meets relevant requirements within the time limit set by Santakart.com Santakart.com has the right to terminate the dispute resolution process or make a decision based on the evidence submitted.

Article 22 The correspondences between the Buyer and the Supplier via the santakart.com official chat / message tool will serve as basis for dispute resolution, and correspondence between the parties through other means of communication (including but not limited to offline written contracts, telephone calls, e-mails, and third-party instant chat tools) will not be the basis for the dispute resolution, unless both the Buyer and the Supplier agree that such correspondence are authentic and valid.

Article 23 Where correspondences between the Buyer and the Supplier or the offline contract between the Supplier and the Buyer contradict the terms in the Purchase Contract, unless otherwise agreed between the Supplier and the Buyer, the terms agreed more recently shall prevail.

Article 24 Where the Buyer and the Supplier agree on liquidated damages or compensation in the Purchase Contract or during the course of their communication, if either party claims for liquidated damages or compensation for actual losses after the other party defaults, Santakart.com will support such claim. If such liquidated damages or compensation clause contradicts the rules of the Santakart.com Sites, the clause which provides for a higher damages shall prevail.

Chapter 5 Shipment

Article 25 The Supplier shall fulfil the obligation of shipping products in accordance with the shipment date, shipment method, and delivery information as stipulated in the Purchase Contract or otherwise and provide corresponding documents, information or certificates according to the Purchase Contract or discussion.

Article 26 Where the Supplier fails to ship the products or handover products to logistics team within the agreed shipment time, the Supplier shall obtain consent from the Buyer before shipping the products. The Buyer and the Supplier may reschedule the shipment date as agreed. If the Supplier has not shipped the products at the time of receipt of the Refund application, the Supplier shall liaise and negotiate with the Buyer, and arrange for shipment again upon mutual agreement, or ask Santakart.com for a resolution.

Article 27 If the products are not delivered in accordance with Rules, or the Buyer rejects the products, the purchase price shall be refunded. If the Supplier needs to retrieve the products, it shall contact the carrier by itself to handle the return, and all the resulting expenses and risk of the products shall be borne by the Supplier.

Article 28 In the event that the Supplier ships the products in violation of the agreed shipment date and method, and that the Buyer applies for a Refund and/or return of products on the grounds of Supplier’s breach of these Rules after the Buyer has signed or taken initiative to confirm receipt of products, under Article 5 of these Rules, the Buyer shall reach an agreement with the Supplier. Otherwise, Santakart.com shall not support such Refund or Returning of Products and Refund applications, except where the Supplier takes improper measures to induce the Buyer to confirm receipt of products.

Article 29 Where the products are not delivered due to errors in the delivery information provided by the Buyer, the Supplier shall use commercially reasonable efforts to cooperate with the Buyer to modify the delivery information or provide necessary assistance, and the additional costs so incurred shall be borne by the Buyer. If the Supplier fails to ship the products on the agreed shipment date or the products cannot be delivered on the agreed date for the reasons attributable to the Buyer. Santakart.com shall not support Buyer’s claim against the Supplier for late shipment or delivery.

Article 30 Where the Buyer and the Supplier do not expressly agree on the documents or certificates required by customs clearance for import of products, the Supplier shall remind the Buyer to specify such required documents or certificates in the contract, otherwise the loss arising from failure to clear the products with customs due to the non-provision of such required documents or certificates shall be borne by the Supplier, and if said documents or certificates are still not expressly stipulated after the Supplier reminds the Buyer, such risk shall be borne by the Buyer.

Article 31 Where the Supplier fails to ship the products on the agreed date of shipment or the products cannot be delivered on the agreed date due to an event of force majeure, and the Parties fail to agree on the continuous performance of the contract, the purchase price shall be refunded.

Article 32: If the Supplier ships the products as agreed with the Buyer, and the products have not been properly delivered within sixty days after the shipment, the purchase price shall be refunded to the Buyer, and the Supplier shall contact the logistics company on its own to retrieve the products.

Chapter 6 Receipt of Products

Article 33 The Buyer shall accept the delivery of products in accordance with the Purchase Contract at the address, and in the manner as agreed upon with the Supplier. The Buyer shall personally sign the receipt of products, or ask others to do so on his/her behalf, or instruct the carrier to place the products at the designated place. If the recipient entrusts another person to sign the receipt of products or instructs the carrier to place the products at a designated place, the Buyer shall be deemed to have signed the receipt of products by itself and the risk of the loss of the products shall be borne by the Buyer. If the Buyer claims that it has not signed receipt of products by itself, the Supplier shall assume the burden of proof to prove the otherwise and if the Supplier is able to establish the same with relevant evidence, the risk of the loss of the products shall be borne by the Buyer.

Article 34 The Buyer shall ensure that the delivery information provided to the Supplier is true, accurate, and valid. If any the delivery information needs to be changed, consent shall be obtained from the Supplier. If the products are received by others, lost, or damaged due to errors or omissions in the delivery information provided by the Buyer, the Buyer shall bear the losses.

Article 35 If the Buyer is in breach of the provisions relating to the receipt of products as stipulated in Chapter 6 of these Rules and the products are returned to the Supplier as a result, the Buyer shall compensate the Supplier for the actual losses, provided that the maximum amount shall not exceed the contract amount; if the products are received by others, damaged, or lost, the Buyer shall pay the Supplier.

Article 36 Where, after the Purchase Contract takes effect, the Buyer terminates the contract or applies for Refund without cause, the Buyer shall compensate the Supplier for the actual losses, provided that the maximum amount thereof does not exceed the contract amount.

Article 37 Where the Supplier is responsible for shipping the products and ship the products through commercial express, the Buyer shall examine the appearance of the outer packaging of the products on the spot when the carrier delivers the products. If the products are damaged, the Buyer should reject the products after taking a photo as evidence; if the Buyer applies for Returning of Products and/or Refund due to damage to products after signing receipt of products, the Buyer shall provide the damage certificate issued by the carrier. If the Buyer and the Supplier separately agree on the inspection period and/or the inspection method, such agreement shall prevail.

Article 38 Where the Supplier is responsible for shipping the products and ship the products through commercial express, the Supplier shall be responsible for the risk and expenses incurred by the return of products due to damage.

Chapter 7 Inspection of Products

Article 39 The Buyer may inspect whether the quality of the Supplier's products is consistent with relevant provisions of the contract in accordance with agreed inspection standards, inspection institution, and inspection method. If the parties have not clearly agreed upon inspection in advance and cannot reach an agreement through negotiation, Santakart.com may designate a third-party inspection institution to inspect the products in accordance with applicable industry standards, and the resulting inspection costs shall be borne by the liable party as determined by Santakart.com

Article 40 The parties agree to inspect products prior to shipment. If the products are found to have quality problem or their quality is inconsistent with the provisions of the Purchase Contract upon inspection, the Supplier shall take remedial measures within the period agreed by both the Buyer and Supplier or otherwise determined by Santakart.com otherwise, Santakart.com shall support the Refund application by the Buyer. If the Buyer and the Supplier otherwise reach an agreement through consultation, such agreement shall prevail.

Article 41 If the Buyer and the Supplier agree to inspect the products after they are shipped to the destination or after the Buyer receives them, the Buyer shall inspect the products within the agreed time limit. If the products are found to have quality problems or their quality is inconsistent with the standards agreed in the Purchase Contract, Santakart.com shall support the Returning of Products and Refund or Partial Refund application, and the expenses resulting from such returning of products shall be borne by the Supplier, and if the Buyer and the Supplier otherwise reach an agreement, such agreement shall prevail.

Article 42 Where a sampling inspection is agreed by both the Buyer and the Supplier, the specific sampling inspection ratio shall be in accordance with the Purchase Contract or the agreement reached by the parties. If said ratio has not been agreed upon, Santakart.com has the right to determine the sampling inspection ratio pursuant to the Quality Inspection Standards for Trade Assurance Service, and if a product fails to pass the sampling inspection, such entire batch of products shall be deemed as substandard.

Chapter 8 Returning and Replacement of Products

Article 43 After the Buyer and the Supplier reach an agreement for the returning or replacement of products, the returning address shall be the same as the sender’s address. If the returning address or returning method needs to be changed, consent shall be obtained from the Buyer, otherwise the risk of products not being delivered after they are returned shall be borne by the Supplier. If the Buyer has practical difficulties in applying for the returning of products, Santakart.com may require the Supplier to go through the procedures for returning products on its own, and the Buyer shall provide necessary assistance.

Article 44 If the Buyer and the Supplier have reached an agreement offline for returning or replacement of products, the Buyer shall handover the returned products to the carrier within the agreed time limit. If the deadline for returning is not expressly prescribed, such products shall be handover to the carrier no later than 15 days as from the next day of the date on which the agreement for returning of products is reached. If the prescribed time limit expires, the Buyer shall be deemed to have accepted the products, and in such a case, Santakart.com shall support payment to the Supplier.

Article 45 After the Buyer handovers the returned products to the carrier, when the products have been returned to the customs of the exporting country, the Supplier needs to cooperate with customs clearance and be liable for costs resulting from customs clearance, otherwise the risk of loss of the products shall be borne by the Supplier, and in such a case, Santakart.com shall support the refund of purchase price to the Buyer.

Article 46 Where the parties reach an agreement on returning or replacement of products or Santakart.com orders the Buyer to return the products, if the Buyer cannot properly complete the returning of products for reasons attributable to the Supplier, the risk of the products being not returned to the Suppliers shall be borne by the Supplier, and in such a case, Santakart.com shall support the Refund application by the Buyer. Where the Supplier has not received the returned products or the Supplier refuses to sign receipt of products returned for the reasons attributable to the Buyer, Santakart.com shall support payment to the Supplier.

Chapter 9 Customs Detention and Freight

Article 47 If the Buyer applies for a refund of the products which are detained by customs, the Buyer shall submit a valid certificate for the detention of the products within the time limit set by Santakart.com Santakart.com will determine allocation of liabilities for detention of products according to the customs detention certificate and the provisions of the contract between the parties, and require the liable party to take remedial measures within a certain time limit.

Article 48 If the products cannot pass customs clearance smoothly due to reason attributable to the Buyer, and the Buyer fails to take remedial measures within the time limit set by Santakart.com, Santakart.com shall support payment to the Supplier, and the risk of the products not being able to be delivered to the Buyer shall be borne by the Buyer; If remedial measures are not taken within the prescribed time limit for the reasons attributable to the Supplier, Santakart.com shall support Refund to the Buyer, and the risk of the products not being able to returned to the Supplier shall be borne by the Supplier.

Article 49 Fines, warehousing fees, shipping costs for returning products, and other losses resulting from detention of products by the customs shall be borne by the liable party as determined by Santakart.com and if said losses are otherwise agreed upon by the Parties, such agreement shall prevail.

Article 50 Any dispute arising between the Supplier and the Buyer in respect of freight fees shall first be resolved according to the provisions of the contract between the parties. If the freight fees are not prescribed or clearly prescribed in the contract, Santakart.com will determine the allocation of liabilities according to the principle of “either party who is at fault is liable”, and if both parties are not at fault or the liability cannot be determined, the freight shall be equally shared by both parties. Santakart.com is an Marketplace and it is not a Manufacturer or supplier. Santakart.com acts as a online platform which connects suppliers and buyers. It is Buyers responsibility to enquire with supplier and discuss clearly the terms about customs duty and or other related Government agencies fees applicable. Customs duty and or other Government agencies related fees has to be bearded by the importer or buyer. However buyer should contact the supplier for all the information related to such fees before the said purchase happens on santakart.com.

Chapter 10 Quality Problems, Inconsistent Descriptions, and Infringement

Article 51 Where the Buyer claims that the quality problem and inconsistency in description of the products delivered are identifiable with naked eyes, the Buyer shall first provide photos, videos, or other evidence approved by Santakart.com to prove it. The Supplier shall then provide evidence and reasonable explanations establishing that the products do not have quality problems or Inconsistent Descriptions or the reasons for such issues are not attributable to the Supplier. If the Supplier fails to submit the valid evidence within the specified time limit, Santakart.com shall determine that the products have quality problems or Inconsistent Descriptions.

Article 52 Where the Buyer claims that the quality problems of the delivered products are not identifiable with naked eyes, the Buyer shall provide a testing report or identification certificate issued by a qualified institution as required by Santakart.com Where the Buyer and the Supplier agree in advance in the contract that the test results obtained by the third-party testing agency shall be treated as the basis for determining quality, Santakart.com will determine the quality in accordance with the test results.

Article 53 If the Buyer claims that the products delivered infringe upon the rights of others, the Supplier shall provide evidence proving the legal source or effective authorization of the products. If the Supplier is able to discharge its burden of proof, the Buyer shall submit evidence for its claim. If the Buyer is unable to provide such evidence, Santakart.com shall determine that the products do not infringe upon the rights of others.

Article 54 Where the evidence provided by the Supplier and the Buyer cannot establish whether the products have quality problems or infringe upon the rights of others, Santakart.com has the right to designate a qualified third-party testing or appraisal agency to conduct testing and appraisal, and the results of the said testing or appraisal shall be treated as the basis for identification.

Article 55 Where the products delivered by the Supplier have quality problems, Inconsistent Descriptions, or infringement issue, Santakart.com shall support Returning of Products and Refund to the Buyer. If the products cannot be returned due to its nature, the objective conditions, or the restrictions under local laws and regulations, Santakart.com shall support Refund, and the Supplier shall contact the Buyer on its own in order to handle products.

Article 56 Where part of the products delivered by the Supplier have quality problems, Inconsistent Descriptions, or minor defects or flaws that do not affect the main functions of the products, Santakart.com shall support Partial Refund or exchange.

Article 57 Where the Supplier and the Buyer have agreed on the testing and appraisal costs in respect of quality problem and infringement issue of the products in the Purchase Contract, such agreement shall prevail. If the testing and appraisal agency has not been agreed upon by the Parties or if Santakart.com has designated a testing or appraisal agency, Santakart.com has the right to determine the proportion in sharing the relevant expenses so incurred according to the degree of liability.

Chapter 11 Termination

Article 58 Santakart.com has the right to terminate the dispute resolution process when one of the following circumstances occurs during the dispute resolution process:

• The dispute does not fall within the scope of acceptance stipulated in these Rules and exceeds the period of acceptance specified in these Rules;
• The party applying for dispute resolution requests for withdrawal of the application;
• The arbitration institution that has jurisdiction over the dispute involved has rendered an award;
• Both the Buyer and the Supplier agree to resolve the dispute through consultation;
• Either party notifies Santakart.com that the dispute has been submitted to an arbitration institution of competent jurisdiction for arbitration or both parties have agreed to submit the dispute to other trade dispute settlement institution for settlement;
• In case of a dispute arising from a transaction in which the Buyer has chosen credit card or e-checking as payment method, the Buyer applies to the card issuer for chargebacks for the transaction in dispute while applying to Santakart.com for dispute resolution；
• Either party violate other rules of santakart.com
• Either party submits evidences that are not authentic or are forged or altered or otherwise violate applicable laws and regulation.

Chapter 12 Supplementary Provisions

Article 59 If there are particular provisions governing dispute resolution in the official activity rules or other specific types of trading rules of the Santakart.com Platform, such provisions shall apply.

Article 60 The transactions that have not been processed after these Rules take effect or are modified shall be governed by such effective or modified rules.

Article 61 Santakart.com will from time to time amend these Rules, and the content of said amendments will take effect upon expiration of the public announcement.

Article 62 In the event of any inconsistency between the English and other language versions of these Rules, the English version shall prevail.