Estalmia's Delivery Dispute Policy

(Liability Based on Fault Identification)

1. Purpose

This policy outlines the investigation process and financial liability distribution for delivery-related disputes, ensuring fairness by assigning liability based on the party at fault. It is designed to protect Estalmia while maintaining accountability among vendors and their chosen shipping partners.

2. Scope

This policy applies to all vendors partnered with Estalmia and covers disputes related to:

  • Non-delivery, partial delivery, or missing items.
  • Incorrect or damaged products.
  • Both prepaid and COD orders.

Shipping Responsibility:

  • Vendors are solely responsible for handling shipping through their designated logistics partners.
  • Estalmia does not provide direct shipping services at this time. However, in the future, Estalmia may offer its own shipping solution, with applicable shipping fees to vendors.
  • Estalmia is not liable for delivery failures caused by vendor-appointed logistics partners.
  • Vendors are expected to select logistics partners based on reliability, tracking capabilities, and dispute resolution policies to ensure efficient deliveries.
  • Estalmia will provide full support in good faith for dispute resolution by assisting with relevant documents, proof, and order records as required.

3. Dispute Scenarios & Financial Liability

Scenario 1: Vendor at Fault

  • If the investigation determines the vendor is responsible (e.g., wrong product sent, incorrect labeling, improper packaging, or delayed dispatch):
    • Vendor bears 100% of the financial loss.
    • Estalmia is not liable in any capacity.
  • Rationale: Ensures vendors maintain quality control and dispatch accuracy.
  • Evidence Required: Dispatch proof, product images, and order details.

Scenario 2: Vendor-Appointed Delivery Partner at Fault

  • If the vendor’s chosen delivery partner is at fault (e.g., lost or undelivered package, incorrect delivery, tampering):
    • The vendor-appointed logistics partner is solely responsible for the financial liability of the issue.
    • Vendors are encouraged to work with reliable delivery partners who offer dispute resolution mechanisms.
    • Estalmia is not financially liable for any claims arising from vendor shipping issues.
    • Estalmia will provide supporting documentation if required to facilitate dispute resolution with the logistics provider, acting in good faith to support vendors while ensuring accountability remains with the responsible logistics provider.
  • Rationale: Protects non-faulty parties while ensuring liability is assigned to the appropriate party.
  • Evidence Required: Proof of Delivery (POD), shipment status, and delivery investigation report.

Scenario 3: Estalmia at Fault

  • If the dispute arises due to an error or miscommunication by Estalmia (e.g., incorrect order details, wrong shipping address provided by Estalmia):
    • Estalmia bears 100% of the financial liability.
  • Rationale: Maintains accountability and trust with vendors.
  • Evidence Required: Estalmia’s order records and communication logs.

Scenario 4: Customer Fraud or Invalid Claim

  • If the customer claims non-receipt but:
    • The vendor’s logistics partner provides valid POD with OTP or image confirmation.
    • No clear evidence of vendor or Estalmia fault is found.
  • Outcome:
    • The dispute is considered resolved.
    • Neither Estalmia nor the vendor is liable.
  • Rationale: Protects against fraudulent customer claims.
  • Evidence Required: POD, OTP, and delivery confirmation proof.

Scenario 5: Ambiguous or Inconclusive Evidence

  • If the investigation is inconclusive (no clear proof of fault):
    • The financial loss is borne solely by the vendor as the shipping responsibility lies with them.
  • Rationale: Estalmia is not involved in the shipping process and cannot assume liability.
  • Evidence Required: Delivery and dispatch records with insufficient proof of fault.

4. Investigation & Resolution Process

Step 1: Dispute Initiation

  • Vendors or customers must raise disputes within 5 business days of delivery.
  • Estalmia initiates the investigation and requests proof from all parties.
  • Payouts for disputed orders will be placed on hold until a conclusion is reached.

Step 2: Evidence Collection

  • Vendor: Dispatch proof, product images, and order records.
  • Vendor-Appointed Delivery Partner: POD, shipment status, and investigation report.
  • Estalmia: Order details, communication records, and customer correspondence (if applicable).

Step 3: Fault Determination

  • The dispute is thoroughly reviewed based on evidence.
  • The party at fault bears the full financial liability.
  • If the vendor’s logistics partner is at fault, the vendor must resolve the issue with their shipping partner.
  • The standard resolution time (TAT) for disputes is 7 business days, subject to extension if additional evidence is required.

Step 4: Final Resolution & Reimbursement

  • If the vendor’s logistics partner accepts the claim:
    • The vendor is reimbursed by their shipping partner.
  • If the claim is denied but the fault is identified:
    • The responsible party bears the loss.
  • If the fault is inconclusive:
    • The vendor assumes responsibility as the shipping party.
  • Regular orders must continue to be fulfilled as normal, as the disputed order is tracked separately.

5. Preventive Measures

To reduce disputes and financial risk:

  • Vendors must:
    • Ensure accurate labeling, packaging, and dispatch records.
    • Partner with reliable delivery providers with strong dispute policies and tracking mechanisms.
    • Have clear contracts with their logistics partners outlining liability in case of disputes.
    • Select delivery partners based on efficiency, reliability, and established dispute resolution practices.
  • Estalmia will:
    • Only onboard vendors that comply with quality and shipping standards.
    • Review dispute patterns and enforce stricter quality requirements where necessary.
    • Maintain transparency in order processing and customer communications to prevent disputes.
    • Provide documentation support for vendor disputes with their logistics partners.

Legal Disclaimer

  • Estalmia acts solely as a marketplace connecting vendors with customers and does not assume responsibility for logistics operations managed by vendors.
  • Vendors are required to comply with their logistics partners’ terms and conditions, ensuring all shipments are insured and trackable where necessary.
  • Any disputes regarding lost or damaged shipments must be settled between the vendor and their logistics provider, with Estalmia assuming no liability.

Why This Policy Is Fair

  • Fault-Based Liability: Ensures the responsible party bears the financial burden.
  • Protects Non-Faulty Parties: Ensures fairness by assigning responsibility to the party responsible for the dispute.
  • Accountability Across All Parties: Vendors must ensure reliable delivery, while Estalmia maintains platform integrity.

This policy reflects Estalmia’s commitment to fairness, ensuring disputes are handled transparently while balancing the responsibilities of all parties involved. By fostering accountability at every level, we strive to create a seamless and reliable marketplace experience for vendors and customers alike.

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