RETURNS AND REFUNDS POLICY
Scent.to Marketplace
Version 1.0 [Date]
1. INTRODUCTION AND SCOPE
1.1. This Returns and Refunds Policy (hereinafter – the "Policy") sets out the procedures and conditions applicable to product disputes, returns and refunds in connection with Transactions concluded through the Scent.to Platform.
1.2. This Policy forms part of the Platform Policies and should be read together with the Terms and Conditions and any other applicable Platform Policies. Capitalised terms used but not defined in this Policy have the meanings given to them in the Terms and Conditions.
1.3. Transactions on the Platform are concluded between private individuals. The dispute and returns mechanism described in this Policy is provided voluntarily by Scent.to as a platform-level service and may offer protections beyond those available to Buyers under applicable law in a consumer-to-consumer transaction. Nothing in this Policy limits or excludes any rights Users may have under mandatory provisions of applicable law.
1.4. This Policy applies to all completed Transactions where a product has been dispatched and delivered to the Buyer. It does not apply to disputes arising before dispatch, which are handled through the Verification process described in the Verification Policy.
2. INSPECTION PERIOD
2.1. Following confirmed delivery of a product to the Buyer, the Buyer shall have three (3) calendar days (hereinafter – the "Inspection Period") to inspect the product and, where applicable, submit a dispute through the Platform.
2.2. The Inspection Period begins at the time of confirmed delivery as recorded by the carrier's tracking system. Where delivery confirmation is unavailable, the Inspection Period begins forty-eight (48) hours after the estimated delivery date.
2.3. Upon expiry of the Inspection Period without a submitted dispute, or upon the Buyer's earlier confirmation of acceptance, the Transaction shall be deemed completed and the Net Payout shall be released to the Seller in accordance with the Fees and Payments Policy.
2.4. The Buyer may confirm acceptance of the product at any time during the Inspection Period through the Platform's functionality, in which case the Transaction shall be completed immediately.
2.5. Scent.to shall be entitled to extend the Inspection Period in exceptional circumstances, including where delivery confirmation is delayed, where the Buyer has demonstrated an inability to access the product within the standard period, or where an active dispute requires additional time for assessment. Any extension shall be communicated to the Buyer and, where a dispute has already been submitted, to the Seller.
3. GROUNDS FOR DISPUTE
3.1. A Buyer may submit a dispute during the Inspection Period on the following grounds only:
(a) the product received is materially and objectively different from the Listing description in a way that a reasonable Buyer would consider significant — this includes material differences in the identity of the product, its brand or fragrance name;
(b) the fill level of the product deviates beyond the range stated in the Listing, as objectively determinable from photographs;
(c) the physical condition of the product is materially worse than described in the Listing, including undisclosed damage to the bottle, atomiser or packaging that affects usability or significantly affects presentation;
(d) the product shows physical damage that was not present at the time of Verification and that is consistent with damage incurred during outbound transit;
(e) the product raises a credible and substantiated concern regarding its genuineness, supported by a written assessment from a recognised expert or brand-authorised source.
3.2. The following shall not constitute valid grounds for a dispute under this Policy:
(a) subjective dissatisfaction with the scent, scent evolution or personal perception of condition;
(b) minor cosmetic imperfections consistent with pre-owned status that were disclosed in the Listing or visible in Listing photographs;
(c) change of mind or preference after purchase;
(d) discrepancies that were identified and communicated to the Buyer prior to dispatch as part of the Verification process and accepted by the Buyer at that time;
(e) differences in fill level within the range stated in the Listing.
3.3. Scent.to reserves the right to decline disputes that do not meet the grounds set out in clause 3.1 or that are submitted without supporting evidence as required under Section 4.
4. DISPUTE SUBMISSION PROCEDURE
4.1. To submit a dispute, the Buyer must, within the Inspection Period:
(a) access the relevant order through their account on the Platform;
(b) select the applicable ground for the dispute from those listed in clause 3.1;
(c) provide a written description of the issue;
(d) upload photographic evidence of the product as received, taken immediately upon opening the package and before any use of the product.
4.2. Photographic evidence must clearly show:
(a) the product in its received condition, including packaging and any damage;
(b) the fill level, where fill level is the subject of the dispute;
(c) any specific defects or discrepancies forming the basis of the dispute.
4.3. Disputes submitted without the required evidence, or submitted after the expiry of the Inspection Period, shall not be accepted unless Scent.to determines in its discretion that exceptional circumstances apply.
4.4. Upon submission of a dispute, Scent.to shall:
(a) acknowledge receipt of the dispute to the Buyer without undue delay and in any event within two (2) business days;
(b) notify the Seller of the dispute and its grounds without undue delay and in any event within two (2) business days;
(c) place a hold on the Net Payout pending resolution.
5. DISPUTE ASSESSMENT
5.1. Following submission of a dispute, Scent.to shall assess the dispute on the basis of all available evidence, including:
(a) the Buyer's photographs and written description;
(b) the original Listing, including all photographs and condition descriptions submitted by the Seller;
(c) Scent.to's own Verification records, including photographs and condition assessments made at its facility prior to dispatch;
(d) carrier tracking and delivery records where relevant;
(e) any response submitted by the Seller.
5.2. The Seller shall have three (3) business days from notification of the dispute to submit a written response and any supporting evidence through the Platform. Failure to respond within this period shall not automatically result in a finding in favour of the Buyer, but Scent.to may proceed with its assessment based on available evidence.
5.3. Scent.to shall communicate its determination to both Parties within five (5) business days of the Seller's response deadline, or within five (5) business days of the Seller's earlier response where one is submitted.
5.4. Scent.to's determination shall be one of the following:
(a) Dispute upheld — the evidence supports a material discrepancy between the product received and the Listing, and a remedy is applicable in accordance with Section 6;
(b) Dispute partially upheld — the evidence supports a partial discrepancy and a partial remedy is applicable;
(c) Dispute rejected — the evidence does not support the grounds stated, or the dispute does not meet the requirements of this Policy.
5.5. Scent.to's determination is made in good faith on the basis of available evidence and is binding on the Parties subject to the internal complaint procedure described in Section 8.
6. REMEDIES AND RETURN PROCESS
6.1. Where a dispute is upheld or partially upheld under clause 5.4, the following remedies shall be available, applied at Scent.to's discretion based on the nature and extent of the discrepancy:
(a) Full refund with return — the Buyer returns the product and receives a full refund of the Listing Price and any delivery charges paid;
(b) Partial refund without return — where the discrepancy is material but a return is disproportionate or impractical, Scent.to may offer the Buyer a partial refund reflecting the diminution in value attributable to the discrepancy, subject to the Buyer retaining the product;
(c) Return without refund — in exceptional circumstances where the product is found to pose a safety concern, Scent.to may arrange return of the product without refund pending further investigation under Section 15 of the Terms and Conditions.
6.2. Where a return is required, Scent.to shall:
(a) notify the Buyer of the return instructions within two (2) business days of the determination;
(b) arrange or facilitate return shipping to Scent.to's designated facility or, where appropriate, directly to the Seller;
(c) confirm receipt of the returned product and initiate the refund process in accordance with Section 7.
6.3. The Buyer undertakes to:
(a) return the product in the same condition as received, without use, alteration or further handling beyond what was necessary to assess the discrepancy;
(b) use the shipping method and packaging instructions provided by Scent.to;
(c) dispatch the product within three (3) calendar days of receiving return instructions.
6.4. Failure by the Buyer to dispatch the product within the required timeframe, or return of a product in a condition materially worse than received, shall entitle Scent.to to reduce or withhold the refund accordingly.
6.5. Return shipping costs shall be allocated as follows:
(a) where the dispute is upheld on grounds of misdescription by the Seller (clauses 3.1(a), 3.1(b) or 3.1(c)): return shipping costs shall be borne by the Seller and deducted from the Net Payout;
(b) where the dispute is upheld on grounds of transit damage (clause 3.1(d)): return shipping costs shall be borne by Scent.to, as Scent.to arranged the outbound carrier;
(c) where the dispute is upheld on grounds of authenticity concern (clause 3.1(e)): return shipping costs shall be borne by the Seller pending the outcome of further investigation; where the concern is not subsequently substantiated, costs may be recovered from the Buyer;
(d) where a dispute is partially upheld: costs shall be allocated proportionately at Scent.to's reasonable discretion.
6.6. Where a dispute is rejected, no return shall be arranged through the Platform's dispute mechanism. The Buyer may still exercise any rights available under applicable law.
7. REFUND MECHANICS
7.1. All refunds under this Policy are processed through the PSP. Scent.to does not itself hold or disburse refund amounts. Refunds are effected by adjusting the transaction flow within the PSP infrastructure, resulting in the return of funds to the Buyer and corresponding adjustment to the Net Payout to the Seller.
7.2. Full refund: where a full refund is applicable, the full Listing Price and any delivery charges paid by the Buyer shall be returned. The Seller shall receive no Net Payout in respect of the Transaction. Platform fees shall not be charged for Transactions where a full refund is issued following an upheld dispute.
7.3. Partial refund: where a partial refund is applicable, the agreed partial amount shall be returned to the Buyer. The Seller shall receive the remaining Net Payout after deduction of the partial refund amount, applicable platform fees and any return shipping costs attributable to the Seller under clause 6.5.
7.4. Refunds shall be processed within five (5) business days of:
(a) confirmed receipt of the returned product at Scent.to's facility, where a return has been required; or
(b) the determination of a partial refund without return, where no return has been required.
7.5. Refunds are returned to the original payment method used by the Buyer. Scent.to is not responsible for delays in the crediting of refunds attributable to the Buyer's bank or card issuer.
7.6. Where the Net Payout to the Seller is insufficient to cover the amounts to be deducted following an upheld dispute, Scent.to shall be entitled to recover the shortfall from the Seller in accordance with Section 11 of the Seller Agreement.
7.7. Platform fees charged in connection with Optional Services selected by the Seller shall not be refunded following an upheld dispute, as such services will have been performed prior to the dispute arising.
8. RESTRICTIONS ON RETURNS
8.1. A return shall not be accepted, and a refund shall not be issued, in the following circumstances:
(a) the dispute is submitted after the expiry of the Inspection Period without exceptional circumstances justifying a late submission;
(b) the product has been used beyond what is reasonably necessary to inspect it for the purposes of the stated grounds of dispute;
(c) the product has been altered, damaged or handled in a manner not attributable to the Seller or to transit, following delivery to the Buyer;
(d) the dispute grounds relied upon are those listed in clause 3.2;
(e) the required supporting evidence has not been provided and Scent.to is unable to assess the dispute on available evidence.
8.2. Where a Buyer submits a dispute in respect of a product that has been used, Scent.to shall assess the extent of use and shall be entitled to reduce any applicable refund to reflect the diminution in value caused by use after delivery.
9. ABUSE PREVENTION AND ACCOUNT-LEVEL MEASURES
9.1. Scent.to monitors dispute and return activity across User accounts. The following patterns of behaviour may be considered indicative of abuse of the dispute mechanism:
(a) repeated disputes submitted without supporting evidence or on grounds that do not meet the requirements of clause 3.1;
(b) disputes submitted in respect of products that have been used prior to the submission of the dispute;
(c) a pattern of disputes consistently resolved in favour of the Seller upon assessment;
(d) disputes submitted in close proximity to the expiry of the Inspection Period across multiple Transactions.
9.2. Where Scent.to reasonably determines that a Buyer is abusing the dispute mechanism, Scent.to shall be entitled to take the following account-level measures on a proportionate basis:
(a) require enhanced evidence for future dispute submissions;
(b) reduce the Inspection Period available to the relevant Buyer for future Transactions;
(c) restrict the Buyer's access to the dispute mechanism for a defined period;
(d) suspend or terminate the Buyer's account in accordance with Section 9 of the Terms and Conditions.
9.3. Account-level measures shall be applied proportionately and shall be communicated to the Buyer with a statement of reasons. The Buyer shall be entitled to challenge such measures through the internal complaint handling mechanism described in Section 16 of the Terms and Conditions.
10. INTERNAL COMPLAINT PROCEDURE
10.1. Either Party may challenge Scent.to's determination under clause 5.4 through the internal complaint handling mechanism available on the Platform within fourteen (14) days of receiving notification of the determination.
10.2. To submit an internal complaint, the Party must:
(a) access the relevant order through their account;
(b) select the complaint option and specify the grounds for challenging the determination;
(c) provide any additional evidence not previously submitted that is relevant to the assessment.
10.3. Scent.to undertakes to review the complaint in good faith, taking into account any new evidence submitted, and to communicate the outcome within five (5) business days of receipt of the complaint.
10.4. The submission of an internal complaint shall not suspend the release of funds to the Buyer where Scent.to has already determined the dispute to be upheld and a refund has been initiated. Where the complaint results in a reversal of the determination, Scent.to undertakes to arrange for any amounts incorrectly deducted from the Seller's Net Payout to be reinstated promptly.
10.5. The availability of the internal complaint procedure does not limit either Party's right to pursue other remedies available under applicable law.
11. GENERAL PROVISIONS
11.1. Scent.to shall be entitled to amend this Policy from time to time. Any material amendment shall be communicated to Users through the Platform no less than thirty (30) days before its effective date.
11.2. Nothing in this Policy is intended to limit or exclude any rights that Users may have under mandatory provisions of applicable law EU consumer protection legislation applicable in the User's country of residence.
11.3. This Policy shall be governed by and construed in accordance with the laws of the Republic of Latvia. Any disputes arising in connection with this Policy shall be subject to the jurisdiction provisions set out in Section 12 of the Terms and Conditions.