Buyer Protection Policy

Buyer Protection Policy

Effective Date
This SportingBids Buyer Protection Policy is effective as of April 1, 2011
Introducing SportingBids Buyer Protection
SportingBids hosts the dispute resolution process when buyers claim to a seller that the auctioned service they received is different from what was described in the listing. The SportingBids resolution process is the primary avenue for settling disputed SportingBids transactions and is designed to:
Help buyers and sellers resolve disputes in fewer steps, and provide buyers with a more familiar ecommerce resolution experience. ?

Offer an option to contact SportingBids if buyers and sellers can't reach resolution themselves. We'll take a more active role in ensuring transaction problems are resolved.?

SportingBids Buyer Protection Policy
All purchases by eligible buyers that meet these conditions and do not fall within an exclusion or coverage limitation are covered by the SportingBids Buyer Protection Policy. Please note that the SportingBids Buyer Protection Policy applies only to the transaction; it is not a product warranty of any kind or a solution for buyers' remorse. This Policy is subject to all of the terms and conditions of SportingBids.com.

To take advantage of the SportingBids Buyer Protection Policy, buyers should first contact the seller and attempt to resolve the issue. If the buyer doesn't hear from the seller or can't resolve the issue with the seller, they can file a case under the SportingBids Buyer Protection Policy.

Buyers and sellers permit us to make a final decision, in our sole discretion, on any case that a buyer files with SportingBids under the SportingBids Buyer Protection Policy.

Conditions under which a case can be filed under the SportingBids Buyer Protection Policy

Buyers can file a case under the SportingBids Buyer Protection Policy when all of the following are true:

• You are an eligible buyer.

• You completed a purchase of an eligible item or services on SportingBids and submitted a case within 45 days from the date of payment.

• You purchased the item or services on SportingBids by using the "Pay Now" option, third-party checkout, or an SportingBids invoice.?

• You paid for the item in one lump payment. Transactions involving multiple payments, such as a deposit followed by a final payment, are not covered unless the non-lump sum payment was due to an SportingBids or PayPal system requirement or policy. ?
  You used the following methods listed below:

  • PayPal

• The item is not excluded from the SportingBids Buyer Protection Policy. (See Exclusions)

• There is a good faith dispute between you and the seller regarding the item. A good faith dispute can include cases such as:
  
  

  • A good faith dispute does not exist if you claim the auctioned service was not as described but the seller can prove otherwise. Moreover, a good faith dispute does not include buyer's remorse (that is, the auctioned service purchased was as described in the item description, but you no longer want the service regardless of the reason). However, even in a case of buyer remorse the buyer may open a case and SportingBids may require the seller to reimburse the buyer.

   

  • You have not initiated another form of resolution processing, including credit card chargebacks (if you paid by credit card) or PayPal Buyer Protection claims (if you paid by PayPal).?
    

Exclusions from SportingBids Buyer Protection
The SportingBids Buyer Protection Policy does not cover; false, abusive or illegitimate claims; or purchases where you have been or may be compensated by a third party. SportingBids reserves the right to decide if items that are or may be prohibited or restricted by SportingBids policies are covered.

Buyer eligibility and other restrictions
Sellers will use the resolution process initiated by the buyer. Resolution responsibilities and protections are outlined on the site of registration.

Buyers who we believe are attempting to commit or committing fraud are governed by the "Abusing SportingBids" conditions of the user agreement. Fraud in this case can include, but is not limited to, making claims that are not backed by a good faith dispute, making claims in addition to attempting to receive reimbursement from another source (e.g., a credit card chargeback), or any other means by which one can unjustly benefit from SportingBids Buyer Protection. Buyers who fall under the "Abusing SportingBids" conditions are subject to our remedies as described in the User Agreement. In addition, we reserve the right to temporarily, indefinitely or permanently suspend your coverage under the Sportingbids Buyer Protection Policy, immediately and without prior notice, if we suspect abuse, excessive cases, tampering or interference with the proper working of SportingBids Buyer Protection.

Fraudulent charges not covered
Fraudulent charges to a credit card or a PayPal account are not covered by the SportingBids Buyer Protection Policy. If you notice any charge on your PayPal account that you did not authorize, report this in the PayPal Resolution Center. Fraudulent charges made through your credit card should be resolved with your credit card company.

Resolution of cases under the SportingBids Buyer Protection Policy
Buyers who have been unsuccessful in resolving a problem directly with a seller can contact SportingBids via the resolution center. We will review the case, run a fraud check, and confirm where necessary that the buyer has already attempted to work with their seller. If the buyer is in good standing and the case meets the requirements of this Policy, we will review additional transaction information to determine if the case is ready for resolution. For example, we may review the messages sent between the buyer and seller through SportingBids messages. Depending upon the nature of the case, resolution may not be proper at that time.

If the case is ready to be resolved, SportingBids will contact the seller about the case. The seller will have up to 7 days (or 10 days, in case the transaction is international) to respond to the case. There may be circumstances that warrant SportingBids acceleration of the resolution of the case

If the case is based on an auctioned service not as described case, the resolution would include:

Responding to the case by providing proof to SportingBids that the auctioned service was described accurately and consistently throughout the listing and all associated communication
Agreeing to reschedule the auctioned service, if this is what the buyer would prefer; ?
Refunding the buyer up to the full cost of the auctioned service (including any applicable sales tax).?

Unless resolution of the case is accelerated, after 7 days (or 10 days in the case that the transaction is international), SportingBids will check with the buyer to see if they are satisfied. If the buyer is satisfied, the case is closed. If we don't hear back from the buyer within an appropriate time, we won't refund them or hold the seller accountable for the transaction. If the buyer is still working with the seller or does not respond, we'll check back in another week.

If the buyer informs SportingBids that no resolution has been reached, SportingBids will review the case. If we find "auctioned service not received" cases in the buyer's favor, the seller will refund the full cost of the item or service (including any applicable sales tax).

Refunds will be made with a PayPal credit. Buyers with an active PayPal account will simply log in to PayPal to claim the refund. Buyers without a PayPal account will be asked to create one with their SportingBids registered email address to claim the refund. Full details on PayPal accounts can be found in the Pay Pal User Agreement.

In the unlikely event we are unable to send refunds to a PayPal account, we may provide refunds by voucher or coupon redeemable for purchases on SportingBids.

If the seller resolves the case by refunding the buyer after the case is opened but before the buyer contacts SportingBids, SportingBids will credit the seller's PayPal account for SportingBids transaction fee for the sale automatically. If the buyer did not pay using PayPal, we'll confirm the refund with the buyer before returning SportingBids transaction fees to the seller. Insertion fee and other fees will not be refunded. For cases where a determination is made against the seller by SportingBids (a seller unresolved case), the seller will not receive a refund of his or her PayPal or SportingBids fees associated with the transaction.

There may be times when SportingBids � in its sole discretion � opts to reimburse the buyer without any impact on the seller.

How sellers may be protected from losing a claim
1. the auctioned service was properly described, but the buyer didn't want it after they received it, or?

2. the service was properly described but did not meet buyers' expectations,
?
Appeals
Buyers and sellers have one opportunity within 45 days from the day the case is closed to appeal the decision by providing the appropriate documentation via the SportingBids resolution center. If the buyer successfully appeals, the buyer will be refunded and the seller will be required to reimburse SportingBids. If the seller successfully appeals, the seller will be refunded the reimbursement amount to the reimbursement payment method on file with SportingBids.

Any SportingBids or PayPal fees associated with the transaction will not be refunded. Buyers and sellers agree that we will make a final decision on all appeals in our sole discretion.

Reimbursements from sellers
We require SportingBids sellers to comply with our resolution process. Sellers permit us to make a final decision, in our sole discretion, on any case that a buyer opens with SportingBids under the SportingBids Buyer Protection Policy. For seller unresolved cases, the seller will refund the buyer for the full cost of the auctioned service (including any applicable sales tax). Without limiting the foregoing, sellers may not have to pay a reimbursement for an SportingBids case if they provide the documentation (for example, proof that the item was as described) indicated in the section above. Other requirements for sellers:
Sellers must have a reimbursement method on file with SportingBids. ?
Sellers agree to allow us to remove funds from their PayPal accounts for amounts due to buyers. Sellers may change this reimbursement method by contacting SportingBids. However, we reserve the right to continue using the sellers' PayPal account for SportingBids Buyer Protection cases associated with SportingBids
transactions paid for before the change.?
Where there are insufficient funds in PayPal accounts or where PayPal is not the reimbursement method of a seller, we will require another reimbursement method.?
Sellers agree to allow us to charge the payment method they designate for amounts due buyers. ?
Changing a reimbursement method will not affect SportingBids use of a payment method on file for other purposes (such as payment of SportingBids fees). If sellers do not provide SportingBids with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.

Holds
To protect against the risk of liability, SportingBids has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an SportingBids Buyer Protection claim. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.

Correcting Mistakes in Payments to Buyers or Sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous SportingBids Buyer Protection refund or reimbursement.

Relationship between SportingBids Buyer Protection and other resolution methods (PayPal Buyer Protection, and credit card/debit card chargebacks)
The SportingBids resolution process is the primary avenue for settling issues with SportingBids transactions. However, buyers will still have the option to continue with the PayPal system instead, or to file a chargeback if they paid using a credit card. Once a buyer selects a system, SportingBids, PayPal, or chargeback, they are required to use that system for the duration of the case.
Here are the basic principles behind how SportingBids manages dispute resolution between SportingBids, PayPal, and chargebacks:
SportingBids Buyer Protection is the primary program for settling issues with SportingBids transactions.?
No double consequences for sellers, and no double refunds for buyers.?
Chargebacks override all other disputes.?

PayPal Buyer Protection
Buyers who make a purchase on SportingBids.com using PayPal may still file a dispute using PayPal Buyer Protection. If a buyer chooses to resolve the dispute through PayPal, then the SportingBids Buyer Protection Policy will not apply (instead, PayPal Buyer Protection will apply). If resolution on a case is reached by SportingBids, then PayPal will close future claims regarding the same transaction that are made through PayPal Buyer Protection.

Chargebacks
Chargebacks filed on an SportingBids transaction will close all cases opened with SportingBids or PayPal.
If a seller loses a chargeback after they reimburse SportingBids for an SportingBids Buyer Protection seller unresolved case, they may appeal the SportingBids Buyer Protection decision by providing evidence of the lost chargeback through the SportingBids resolution center within 45 days of when the chargeback was filed. If the appeal is resolved in the seller's favor, the seller will be refunded the reimbursement amount.
Buyers who file a chargeback after receiving a refund are abusing SportingBids Buyer Protection and may be subject to consequences outlined in our "Abusing SportingBids" policy.