Refund Policy

PINGO REFUND POLICY

1.   GENERAL

• Any such capitalized words used in this Return, Replacement and Refund Policy (“Refund Policy”), unless otherwise defined, shall have the same meaning as found in the Buyer’s Terms and Conditions, the Seller’s Terms and Conditions and the Delivery Policy. This Refund Policy shall form an integral part of the Buyer’s Terms and Conditions and the Seller’s Terms and Conditions.
• This Refund Policy is issued in both the English and Chinese languages. In the event of any inconsistency between these two versions, the English version shall prevail.
• The Buyer and/or the Seller hereby agree to be bound by this Refund Policy, the Buyer’s Terms and Conditions, the Seller’s Terms and Conditions and any other policies and terms and conditions as may be posted on the Platform from time to time (“Other Terms”).

2.   CANCELLATION

• The Buyer shall be entitled to cancel the order of the Merchant Offering(s) if the order has not been confirmed by the Seller. In the event that the Seller has confirmed an order, the Buyer shall not be entitled to cancel the order, unless the Buyer has obtained the Seller’s prior consent for the cancellation of the order through the Buyer’s direct communication with the Seller.

3.   RETURN, REPLACEMENT OR REFUND

• All applications for the return, replacement and/or refund of the Merchant Offering(s) shall be submitted by the Buyer via the Platform. In connection hereto, when PINGO receives an application from the Buyer for return, replacement or refund of the Merchant Offering(s), PINGO will notify the Seller.

• Subject always to the terms of the Delivery Policy as well as Other Terms, the Buyer may submit a return, replacement or refund application, within seven (7) days after the delivery status of the order has been updated to the status of “Confirmed”, “Pick-up”, “On the Way” and/or “Delivered” (as the case may be), in the following circumstances:

  • the Merchant Offering(s) delivered to the Buyer is defective, faulty, incorrect, incomplete and/or damaged;
  • the Merchant Offering(s) delivered to the Buyer is of unsatisfactory physical condition at the time of delivery. For the avoidance of doubt, the circumstances in which the Merchant Offering(s) shall be deemed to be unsatisfactory physical condition shall be limited to where the Merchant Offering(s) is (i) spoiled or broken and/or (ii) physically damaged and that the Merchant Offering(s) cannot be used for its intended purpose subject always that any determination of the physical condition of Merchant Offering(s) received by Buyer shall be determined by the Seller and/or PINGO solely based on the evidence of the Proof of Delivery provided by Logistics Provider;
  • the Merchant Offering(s) delivered to the Buyer is incomplete (i.e., missing any items, accessories or parts or incorrect quantity of items, etc.);
  • the Merchant Offering does not match the agreed specification (i.e., wrong model, size or colour, etc.) stipulated in the order of the Merchant Offering(s);
  • the Merchant Offering is materially different from the description provided by the Seller in the listing of the Merchant Offering(s); and/or
  • such other circumstances as may be prescribed by PINGO from time to time, in its sole discretion.
• In the event that the Buyer fails to receive the Merchant Offering(s) within thirty (30) days from the date of confirmation of the order, due to no fault of the Buyer, the Buyer may through the Platform, notify PINGO of such non-delivery or non-performance of the Merchant Offering(s) (“Notice”) and submit a request for refund. Notwithstanding any provisions in this Refund Policy, the Buyer is entitled to submit a request for refund or a request for return and refund within seven (7) days after the delivery status of the order has been updated to the status of “Confirmed”, “Pick-up”, “On the Way” and/or “Delivered” (as the case may be). In this connection, the Buyer is entitled to demand for delivery within fourteen (14) days from the date of submission of the Notice or submit for a refund application for the respective order.
• Upon receiving the Notice, PINGO shall, in its sole discretion, review and access the failure of delivery based on the Delivery Policy or on a case-by-case basis subject to the supporting documentary evidence provided by the parties. In such circumstances, PINGO shall have the right to demand the Seller to arrange for delivery to the Buyer or allow the Buyer’s refund for the respective order in accordance with this Refund Policy.
• In the event where the Seller fails to ship the Merchant Offering(s) to the warehouse of the Logistics Provider within fourteen (14) days from the date of the order confirmation due to no fault of the Buyer, PINGO shall automatically cancel the respective order and proceed to issue refund to the Buyer in accordance with PINGO’s Refund Policy without any further confirmation from the Seller. For the purpose of this Clause, the Merchant Offering(s) shall be deemed as shipped out to the warehouse of the Logistics Provider upon the Seller notifying the Buyer through the Platform of the details of the delivery.
• In any event, PINGO’s decision shall be final and the Buyer and the Seller agree to be bound by the same and shall comply with all directions and instructions issued by PINGO. The Buyer and the Seller shall not hold PINGO liable for any matters resulting or incidental to the decision made by PINGO.
• In circumstances where the Buyer has submitted a refund application pursuant to Clause 3.3 above and has received a refund or that the Buyer has received a refund pursuant to Clause 3.5 above, where the Merchant Offering(s) has been delivered to the Buyer at a later date, the Buyer shall immediately notify PINGO and/or the Seller of the receipt of the Merchant Offering(s). The title of such Merchant Offering(s) shall remain with the Seller and the Buyer shall hold and keep the Merchant Offering(s) on trust for the Seller.
• In connection hereto, PINGO and/or the Seller shall have the rights at any time to demand the Buyer to deliver back the Merchant Offering(s) to the Seller. In the event of any refusal or noncompliance of the Buyer, PINGO and/or Seller shall have the right to claim for the full amount of the Merchant Offering(s) in question, in addition to all other losses and damages incurred.

4.   SELLER’S RIGHTS

• When the Seller receives the written notification from PINGO for the application of return, replacement or refund of the Merchant Offering(s) (“Notification”), the Seller shall review the application and respond to the Buyer’s application by accepting and/or rejecting the application within fifteen (15) days from the date of the Seller’s receipt of the Notification (“Stipulated Period”). The Seller may respond to the Buyer’s application according to the steps provided by PINGO in the Notification.
• Should PINGO not hear from the Seller within the Stipulated Period, PINGO will assume that the Seller has no response to the Buyer’s application and will proceed to approve the Buyer’s application without further notice to the Seller.
• The Seller shall have the right to determine in its sole discretion, whether the Buyer will receive a replacement of the Merchant Offering(s) or refund based on the valid reason and feedback given by the Buyer under the circumstances set out in Clause 3.2 above. In order to expedite the review process, the Buyer is advised to submit any relevant picture and/or video of the Merchant Offering(s) to support their application.
• Further, the Seller may request that the Merchant Offering(s) to be returned to the Seller’s designated location (“Seller’s Return Request”) for further inspection by the Seller (“Inspection”). Upon the Seller’s issuance of a Seller’s Return Request, the Buyer shall directly communicate with the Seller for all matters in relation to the Return Costs (as hereinafter defined). In the event the Seller, directly or through a third party of its option, determines upon the Inspection that the Merchant Offering(s) is faulty or damaged or of unsatisfactory physical condition (“Damage”), and that the Damage has been attributed by the Buyer, the Seller will not be liable to accept the return or refund of Merchant Offering(s). In this connection, the Seller shall carry out the Inspection and respond to the Buyer within fifteen (15) days upon the Seller’s receipt of the returned Merchant Offering(s) from the Buyer, failing which, PINGO will assume that the Seller has no response to the Buyer’s application and will proceed to approve the Buyer’s application without further notice to the Seller.
• All Merchant Offering(s) must be returned in all of its original packaging, and in like-new condition. The Buyer shall ensure that the Merchant Offering(s) including any complimentary product(s) such as accessories that come with the Merchant Offering(s), be returned to the Seller in the same condition received by the Buyer on delivery. The Seller may reject the Merchant Offering(s) if there is any Damage to the Merchant Offering(s) and/or Merchant Offering(s)’ packaging which is attributed by the Buyer.
• For the avoidance of doubt, in any event the Seller and/or PINGO establishes that the Damage of the Merchant Offering(s) is not attributed by the Buyer, the Seller shall bear all costs incidental to the return, replacement or refund, including the shipping fee of the return of the applicable Merchant Offering(s) (“Return Costs”). If the Seller and/or PINGO establishes that the Damage is attributed by the Buyer, any Return Costs shall be borne by the Buyer.
• Notwithstanding any provisions in this Refund Policy, PINGO reserves the right to review each Seller’s response on a case-by-case basis and, in its sole discretion, to determine whether the Buyer’s application may be successful against the circumstances as stated by the Seller. The Seller and the Buyer agree to be bound by PINGO’s decision and shall comply with all directions and instructions issued by PINGO.

5.   REFUNDS

• The Buyer will be refunded, subject always to PINGO’s final review and approval of the Buyer’s refund application and under the following circumstances: -

  • after PINGO has received the confirmation from the Seller that the Seller has received the returned Merchant Offering(s) in good condition and has agreed to accept such refund (“Seller’s Confirmation of Refund”); or
  • where the Seller fails to deliver the Merchant Offering(s) by the expected delivery date or ship the Merchant Offering(s) to the warehouse of the Logistics Provider within fourteen (14) days from the date of the order confirmation due to no fault of the Buyer.
• The refund will be credited to the Buyer’s PINGO Wallet, credit/debit card or designated bank account that the Buyer used for the payment of Merchant Offering(s), whichever is applicable.
• In the event if PINGO does not receive the Seller’s Confirmation of Refund within fifteen (15) days from the date of Notification, PINGO shall have the right to proceed to review and assess the Buyer’s application on a case-by-case basis and, in its sole discretion, to determine whether the Buyer’s application may be successful and accordingly, issue a refund to the Buyer without any further confirmation from the Seller. The Seller and the Buyer agree to be bound by PINGO’s decision and shall comply with all directions and instructions issued by PINGO.
• Subject to Clause 5.1 above and the Pingo Points Policy, if an order of Merchant Offering(s) involves the redemption of Pingo Points as may be rewarded by PINGO, in the cases of refund, such Pingo Points (as the case may be) redeemed by the Buyer will be refunded into the Buyer’s Wallet as well.
• For the avoidance of doubt, in the case of a partial return or refund, the amount of Pingo Points returned to the Buyer will be prorated based on the price of the entire order of the Merchant Offering(s) as may be determined by PINGO, in its sole discretion.
• For the avoidance of doubt, any monies to be refunded pursuant to a successful application shall be subject to a deduction of administrative charges as may be imposed by PINGO, from time to time, in its sole and absolute discretion or such other charges as may be imposed by any third party.
• Where PINGO has refunded or paid any or part of the refund amount (whether on behalf of the Seller or otherwise) to the Buyer, such refund amount shall be recoverable by PINGO from the Seller as a debt due from the Seller and PINGO shall be entitled to deduct such refund amount from the Seller Payment payable to the Seller, or by any other methods at PINGO’s options in its sole discretion.
• For the avoidance of doubt, save and except for any clerical and/or manifest error, PINGO’s calculation of the refund shall be final and binding on the Buyer and the Seller and shall not in any way be disputed by the Buyer and the Seller.

6.   DISPUTE BETWEEN THE SELLER AND THE BUYER

• Should there be any dispute or conflict arising from or incidental to the cancellation, return, replacement and/or refund of Merchant Offering(s), the Buyer is encouraged to communicate and negotiate with the Seller directly to resolve such dispute or conflict. In the event the Seller fails to settle such dispute with the Buyer, PINGO shall, in its sole discretion, review, assess, decide and adjudicate on the Buyer’s application for return, replacement and/or refund based on this Refund Policy or on a case-by-case basis subject to the supporting documentary evidence provided by the parties.
• In such circumstances, PINGO shall have the right to withhold and/or suspend the Seller Payment to the Seller under the Seller’s Terms and Conditions pending resolution of any dispute or conflict by PINGO. Further, the Seller and the Buyer hereby agree and irrevocably authorise PINGO to deal with the applicable monies withheld by PINGO and release the monies to the Seller or the Buyer (whether all or in part) after determination of the respective dispute or conflict.
• PINGO’s decision shall be final and the Buyer and the Seller agree to be bound by the same and shall comply with all directions and instructions issued by PINGO. The Buyer and the Seller shall not hold PINGO liable any matter resulting or incidental to the decision made by PINGO.

7.   LIABILITY

• The Seller shall bear all responsibility and liability towards the Buyer as a result of its failure to comply with the terms of this Refund Policy and Other Terms.
• The Seller and the Buyer acknowledge and agree that PINGO only serves as a third-party platform, acting as an intermediary between the Buyer and the Seller, facilitating the cancellation, return, replacement and/or refund of the Merchant Offering(s) whereupon the Seller shall be responsible for providing the Merchant Offering(s) and all matters incidental thereto. In this connection, PINGO shall not be liable for any matter arising from or incidental to the provision of the Merchant Offering(s), including any dispute as to merchantability/quality, cancellation, return, replacement and/or refund of the Merchant Offering(s).
• In no event shall PINGO be responsible for any risk or be liable for any claim, liability, demand, expenses, loss, costs or damage incurred by the Seller or the Buyer as a result of, or in connection with the cancellation, return, replacement and/or refund of the Merchant Offering(s). Notwithstanding any other provision of this Refund Policy and Other Terms, in the event where PINGO is responsible for the loss or damage, the total liability of PINGO to the Buyer or the Seller or to any other third party shall be only limited to the Transaction Value of such Merchant Offering(s).

8.   VARIATION

• PINGO reserves the rights at any time, at its sole discretion, to change, amend or otherwise modify any part of this Refund Policy by posting the revised Refund Policy on the Platform, and such amendments are effective as of the date of posting. The continued usage of the Platform after the revised Refund Policy is posted constitutes the agreement to, and acceptance of, the revised Refund Policy.