Shopper Refund Policy Terms
Last Updated: August 22, 2015
These terms and conditions govern the Backpack Shopper Refund Policy (the “Shopper Refund Policy ”) available to Shoppers who request and pay for Products through Backpack (the "Site") and suffer a Request Issue and the obligations of the users associated with the Shopper Refund Policy.
1. Request Issue. A “Request Issue” means any one of the following:
(a) the Traveler fails to deliver the Product at all
(b) the Traveler of the Request/Deal cancels the request shortly before the Confirmed Delivery Date of the Request.
(c) the Product delivered by the Traveler is materially inaccurate with respect to:
- (i) the Product specified in the link of the Request/Deal (e.g., link specifying an Amazon product),
- (ii) whether the Product is severely damaged in Backpack’s judgment because of how the Traveler handled it,
- (iii) different parts of the Product represented in the Product description are missing or not delivered as a direct consequence of the Traveler’s actions
2. The Shopper Refund Policy. If you are a Shopper and suffer a Request Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Backpack in our discretion, depending on the nature of the Request Issue suffered or (ii) use our reasonable efforts to find and request you another Product which in our determination is exact or reasonably comparable (in case of unavailability of the product from the sellers) to the Product requested in your original Request/Deal in terms of price, color, model and quality. All determinations of Backpack with respect to the Shopper Refund Policy, including without limitation the size of any refund, shall be final and binding on the Shoppers and Travelers.
3. Conditions to Claim a Request Issue. Only a Shopper may submit a claim for a Request Issue. If you are a Shopper, in order to submit a valid claim for a Request Issue and receive the benefits with respect to your Request, you are required to meet each of the following conditions:
(a) you must bring the Request Issue to our attention via email (email@example.com) and provide us with information (including photographs or other evidence) about the Request/Deal and the circumstances of the Request Issue within 24 hours of the occurrence of the issue, and must respond to any requests by us for additional information or cooperation on the Request Issue.
(b) you must not have directly or indirectly caused the Request Issue (through your action, omission or negligence).
(c) you must have used reasonable efforts to try to remedy the circumstances of the Request Issue with the Traveler prior to making a claim for a Request Issue.
4. Minimum Quality Standards, Traveler Responsibilities and Reimbursement to Shopper. If you are a Traveler, you are responsible for ensuring that the Products you carry through the Site meet minimum quality standards regarding handling, care, and do not present a Shopper with Request Issues. During the 24-hour period following the Shopper’s check-in, Travelers should be available, or make a third-party available, in order to try, in good faith, to resolve Shopper issues.
If you are a Traveler, and if (i) Backpack determines that a Shopper has suffered a Request Issue related to a Request accepted by you and (ii) Backpack either reimburses that Shopper any amount up to the amount paid by the Shopper through the Site for the Request or provides an alternative Traveler to the Shopper, you agree to reimburse Backpack up to the amount paid by Backpack within 30 days of Backpack’s request. All determinations of Backpack with respect to the Shopper Refund Policy, including without limitation the size of any refund to the Shopper, shall be final and binding on the Shoppers and Travelers. You also agree that in order for you to reimburse Backpack up to the amount paid by Backpack, Backpack may off-set or reduce any amounts owed by Backpack to you by this amount. If the Shopper accepts the Products delivered despite the Request Issue, the Shopper will receive a refund that will reduce the amount of the Backpack Fees ultimately paid to you. If the Shopper is assigned to an alternative Traveler, you may lose part or all of the Backpack Fee payment for the Request and you may be responsible for reasonable additional costs incurred to assign the Shopper to the alternative Traveler.
The rights of the Shoppers under the Shopper Refund Policy supersede the cancellation policy established by a Traveler. If you dispute the Request Issue you may notify us via email (firstname.lastname@example.org) and provide us with information (including photographs or other evidence) disputing the claims regarding the Request Issue, provided you must have used reasonable and good faith efforts to try to remedy the Request Issue with the Shopper prior to disputing the Request Issue claim. You agree that all determinations of Backpack with respect to the Request Issue shall be final and binding on the Shoppers and Travelers regardless of your submission of a dispute against such Request Issue. In the event of one or more Request Issues, Backpack, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your traveler ranking, automated reviews indicating Request Issues, cancelling future Deals, suspending or removing the Flights of the Traveler or imposing penalties or fees for the administrative burden associated with the Request Issues.
5. General Provisions.
(a) No Assignment/No Insurance. This Shopper Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Shopper, and the Shopper has not paid any premium in respect of the Shopper Refund Policy. The benefits provided under this Shopper Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Backpack reserves the right to modify or terminate this Shopper Refund Policy, at any time, in its sole discretion, and without prior notice. If Backpack modifies this Shopper Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Backpack will continue to process all claims for Request Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Shopper Refund Policy constitutes the entire and exclusive understanding and agreement between Backpack and you regarding the Shopper Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Backpack and you regarding the Shopper Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Backpack Terms of Service.
(d) Controlling Law. This Shopper Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL BACKPACK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS BACKPACK POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMMODATION FEES COLLECTED BY BACKPACK FROM THE SHOPPER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, BY ADDING A FLIGHT OR PLACING A REQUEST OR OTHERWISE USING THE SITE, SERVICES AS A TRAVELER OR SHOPPER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
6. Contacting Backpack. If you have any questions about the Shopper Refund Policy, please contact Backpack at email@example.com.