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14 Dec. 2017  CET - Advanced Search

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  • Disputes

    Open or Close
    General
    Bids-Plus has an integrated Dispute Resolution System (DRS) and is available to all members. The DRS is a tool that can be used to resolve issues that might occur during transactions made on the website. The system is designed to minimize conflicts, limit contradictory functions, and is unbiased towards all members no matter whether the member is the buyer or the seller in the transaction. The Dispute Center is based on a messaging system between the members involved, resolution controls for the members depending on the type of dispute, and reporting to site mediator if requested by plaintiff for a possible final settlement. The Dispute Center is divided into 4 console sections which represent the general subjects where transactions might go wrong: Unpaid Items and Withheld Payments (for sellers); Non-Received Items and Wrong Items (for buyers).
     

    Dispute Rules & Limitations
    The Dispute Resolution System is exclusively a tool to help members resolve issues and has it's own rules and limitations so should not be abused. The DRS controls are available to guide members who use the system depending on the dispute rules for each console as detailed below.
     
    There are risks involved when using the Dispute Resolution System like any mediation where members do not necessarily have complete control over the end result. There are also possible limitations and restrictions to member's accounts if the dispute is unresolved and reported to the site mediator, so we strongly advise all members to make prior contact to solve the error, issue or problem first before opening any type of dispute. Most issues are caused by external errors to that member that can be resolved by a simple communication.
     
    Guidelines before opening a dispute :
    - You have reviewed the item listing carefully to make sure that there is no miscommunication.
    - You have had prior contact with the other member, but was unable to solve the issue.
    - You have ensured that your contact information is correct so that the other member has been able to contact you.
    - You have checked your spam filter for possible missing e-mails from the other member and/or from Bids-Plus.
    - Be clear, concise and neutral with your request and communication as it will help to resolve the issue.
    - Use this tool responsibly, as it is to aide in completing transactions which is to everybody's advantage.
    Strictly forbidden :
    - Do not intimidate members into completing transactions, or use abusive language as it will only work against resolving any issue, can be reported, and is strictly forbidden by our policies.
    - Any form of extorsion is strictly forbidden (feedbacks, services, returns, refunds, replacements, discounts...) whether the condition and/or information is indicated in the item's description, or not.
    Reporting & Notification
    In respect to all members, Bids-Plus cannot intervene in any types of disputes unless escalated to a claim when reported to our mediators. Disputes can only be escalated to a claim by the accuser if the case remains unresolved. A notification can only be issued to a defendant once the claim has been investigated and closed by our mediators.
     
    It is imperative that members resolve their disputes via the Dispute Resolution System before reporting to the site mediator as the member's account risks being suspended indefinitely if 5 notifications for either unpaid items or unresolved disputes are issued. The decision made by the mediator cannot be refuted as it is arbitrated, dependent on the facts and communication provided, and is only the application of the site's rules and policies which the member accepts on registration and when opening and reporting a dispute. The final ruling by our mediators is thus limited to Bids-Plus application and therefore does not protect any members from furthur independent pursuit by another member and at their own respective responsibility.
     

    Unpaid Items
    Sellers may open an Unpaid Item dispute if the buyer has not completed payment, and that the Dispute Rules & Limitations stated above have been respected. The Dispute Resolution System also controls that Unpaid Item disputes can only be opened in respect to buyers from 4 days, and limited to, 30 days after the initial purchase date. This can be done exclusively on the Sell » Sold Items page Report Unpaid Item link in options for the specific transaction.
    Resolving
    A notification will be communicated to the buyer on opening an Unpaid Item dispute inviting the buyer to complete the payment and/or to contact the seller to solve the issue. The members (buyer and seller) are required to manage the dispute via the Dispute Center » Unpaid Items console in the member's personal account. It is important to only use the dispute console for all actions and communication between members concerning the dispute as only the information provided via the console can be taken into consideration when resolving the dispute. The buyer may close the dispute at any moment by completing the payment.
    Reporting
    If the buyer does not respond, complete the payment, or both the seller and the buyer agree not to finalize the transaction, the Unpaid Item dispute is recognized as unresolved. Any unresolved Unpaid Item dispute can be reported by the seller to the mediator via the Unpaid Item dispute console from 14 days, and limited to, 45 days after the initial purchase date. The reported unresolved Unpaid Item dispute will be closed by the mediator and an Unpaid Item notification will be issued to the buyer.
    Final Sale Fee (FSF)
    A Final Sale Fee (FSF) is the commission fee charged to the seller on the sale of an item(s). A FSF refund can be requested by sellers for any unresolved Unpaid Item dispute that has been reported to and closed by the mediator. The FSF refund request must be sent from 14 days, and limited to, 45 days after the initial purchase date. This can be done either from the Unpaid Item dispute console, or on the Sell » Sold Items page Request Final Sale Fee (FSF) Refund link for the specific transaction. FSF refund requests are subject to control and approval by Bids-Plus administration, and can be verified via the transaction options on the Sold Items page, and on the My Account » Refund Requests (FSF) page, all in the member's personal account.
     
    The timeline and controls available to sellers for Unpaid Item disputes is illustrated in the diagram below:
     
    - Sellers may open the dispute from 4 days, and limited to 30 days, after the initial purchase date.
    - If the buyer does not resolve the issue, the seller may report the dispute to the site mediator from 14 days, and limited to 45 days, after the initial purchase date.
    - The unresolved dispute if reported will be closed as unresolved by the site mediator with an unpaid item notification to the buyer.
    - Once the unresolved dispute is closed, the seller may request a FSF refund.
     
    Buyer & Seller Protection
    Buyer and Seller Protection is offered to both buyers and sellers respectively for Unpaid Items. The conditions for the protection is detailed in the Buyer & Seller Protection section above for Unpaid Items and summerized as :
    Buyer Protection :
    - Buyers who choose to pay directly with their account balance (e-wallet), or other direct payment method (PayPal), completely avoiding Unpaid Item disputes, and qualify for certain advantages.
    Advantages :
    i) Avoid that sellers overlook the buyer's payment as indicated directly as paid.
    ii) Eliminate the risk that sellers forget, or neglect, to indicate that they have received the payment from the seller, and consequent delays.
    iii) Faster shipping of order with direct confirmed payment resulting in that the buyer receives their order faster avoiding the opening of Non-Received Item disputes.
    iv) If direct payment with account balance (e-Wallet), the Pending Payment is released to the seller only if the buyer indicates that they have received and are satisfied with the order (see Your Account » Account Balance (e-Wallet) section for more details on account balance payments and Pending Payment management).
    - Sellers can only open an Unpaid Item dispute from 4 days after the initial purchase date leaving buyers sufficient time to complete payment.
    - Buyers cannot be notified for an Unpaid Item if they can provide a proof of payment.
    - An Unpaid Item dispute is automatically resolved and closed on any direct payment, or if the seller indicates that they have received the payment.
    Seller Protection :
    - Buyers cannot open any disputes (Non-Received or Wrong Item) if an Unpaid Item dispute is currently open.
    - Buyers cannot leave feedback to sellers if they do not complete payment.
    - Sellers can request a Final Sale Fee (FSF) refund if the Unpaid Item dispute is reported to and closed by the site mediator.
     

    Non-Received Items
    Buyers may open a Non-Received Item dispute if the buyer does not receive the item purchased, and that the Dispute Rules & Limitations stated above have been respected. The Dispute Resolution System also controls that Non-Received Item disputes can only be opened in respect to sellers from 10 days, and limited to, 45 days after the initial purchase date. This can be done exclusively on the Buy » Won Items page Open Dispute link in options for the specific transaction. Buyers will be asked to communicate the reason for the dispute, the payment details (payment method and date of payment), and any complementary information that they would like to add to help solve the issue.
    Resolving
    A notification will be communicated to the seller on opening a Non-Received Item dispute informing and inviting the seller to verify the payment, solve the issue and/or to contact the buyer. The members (buyer and seller) are required to manage the dispute via the Dispute Center » Non-Received Items console in the member's personal account. It is important to only use the dispute console for all actions and communication between members concerning the dispute as only the information provided via the console can be taken into consideration when resolving the dispute. The buyer may close the dispute at any moment if the feel that the issue has been resolved by notifying that they have received the item on the Buy » Won Items page Received & Satisfied ? option link for the specific transaction.
    Reporting
    If the seller does not solve the issue, or does not respond, the Non-Received Item dispute is recognized as unresolved. Any unresolved non-received item dispute can be reported by the buyer to the mediator via the Non-Received Item dispute console from 20 days, and limited to, 45 days after the initial purchase date. The reported unresolved Non-Received Item dispute will be investigated, resolved and closed by the mediator with an Unresolved Dispute notification issued to the seller.
     
    The timeline and controls available to buyers for Non-Received Item disputes is illustrated in the diagram below :
     
    - Buyers may open the dispute from 10 days, and limited to 45 days, after the initial purchase date.
    - If the seller does not resolve the issue, the buyer may report the dispute to the site mediator from 20 days, and limited to 45 days, after the initial purchase date.
    - The unresolved dispute if reported will be investigated, resolved and closed by the site mediator with an unresolved dispute notification issued to the seller.
     
    Buyer & Seller Protection
    Buyer and Seller Protection is offered to both buyers and sellers respectively for Non-Received Items. The conditions for the protection is detailed in the Buyer & Seller Protection section above for Non-Received Items and summerized as :
    Buyer Protection :
    - Buyers who choose to pay directly with their account balance (e-Wallet), the Pending Payment is released to the seller only if the buyer indicates that they have received and are satisfied with the order (see Your Account » Account Balance (e-Wallet) section for more details on account balance payments and Pending Payment management).
    - Buyers may open a Non-Received Item dispute even if the seller has neglected to indicated that they have received the payment, but will need to supply a proof of payment to close the dispute.
    - Sellers can only leave feedback if they have irreversibly indicated that they have Sent/Completed the order.
    Seller Protection :
    - Buyers cannot open a Non-Received Item dispute if they have an Unpaid Item dispute currently open, or if they have already indicated the order status as Received & Satisfied.
    - Buyers can only open a Non-Received Item dispute from 10 days after the initial purchase date, leaving the seller sufficient time to send, and buyer possibly receive the item.
    - Non-Received Item disputes are automatically resolved and closed if the buyer indicates the order status as Received & Satisfied.
    - Sellers cannot be notified for a Non-Received Item if they can provide a proof of shipping and tracking from an official postal service.
     

    Wrong Items
    Buyers must take special care when reading item titles and descriptions, and are required to ask questions to the seller if the item's description is not clear and concise. Buyers may open a Wrong Item dispute if the item received is truely significantly different from the item's listing and description, and that the Dispute Rules & Limitations stated above have been respected. Truely signficantly different means that the item received is not the item described in the item's description (image included), and that it can be physically proven.
    Examples that are Wrong Items :
    - Item stated as being of a color red, but received a blue item.
    - Item stated as being new, but usage traces and/or scratches are visible that are not indicated in item's description.
    - Item stated as sealed in original packaging, but item received unsealed or without the original packaging.
    - Item stated as original or genuine brand product, but received a copy (replica) or non-original item.
    - Item stated as compatible with (or made for) certain models or brands, but incompatible item received.
    - Item received has a specific defect that is not detailed in the item's description.
    - Item received is missing accessories that are indicated in the item's description.
    Examples that are not Wrong Items :
    - Item stated by the buyer as being not as described, but no physical proof can be provided.
    - Item received is not as expected, but is not significantly different from the item's description.
    - The packaging of the item is different from the photo/image in the item's description, but the technical information, details and item authenticity is not compromised (unless packaging detailed in item description then part of item).
    - Item has light scratches not indicated in item's description, but the item is marked as used.
    - If an accessory or necessary part was not included (nor indicated as included in item's description), that does not mean that it was supposed to be included.
    Example : A missing specialized tool needed to install a car part was not included (nor indicated as included) in the car part's item description.
    - If a model is stated in a title and/or description does not necessarily mean that it is the model that is for auction/sale.
    Example : "Mercedes SLK 4x alloy wheel rims and tyres 18 inch new"
    The title does not necessary mean that a Mecredes SLK car is for auction/sale. It might just be the 4 wheel rims and tyres... so buyers must always double check the item's description, photos/images and/or contact the seller in the case of any possible confusion.
     
    Some sellers might accept to exchange or refund on return a not as expected item, but is entirely at the sellers discretion, so contact the seller first and in all cases for a suspected Wrong Item received before opening a dispute.
     
    The Dispute Resolution System also controls that Wrong Item disputes can only be opened in respect to sellers from 10 days, and limited to, 45 days after the initial purchase date. This can be done exclusively on the Buy » Won Items page Open Dispute link in options for the specific transaction. Buyers will be asked to communicate the reason for the dispute, the payment details (payment method and date of payment), and any complementary information that they would like to add to help solve the issue.
    Resolving
    A notification will be communicated to the seller on opening a Wrong Item dispute informing and inviting the seller to verify the item's description, solve the issue and/or to contact the buyer. The members (buyer and seller) are required to manage the dispute via the Dispute Center » Wrong Items console in the member's personal account. It is important to only use the dispute console for all actions and communication between members concerning the dispute as only the information provided via the console can be taken into consideration when resolving the dispute. If the seller accepts and requests that the item be returned for an exchange or refund (partial or complete), the return shipping is at the buyer's cost unless otherwise stated or agreed upon by the seller. The buyer may close the dispute at any moment if they feel that the issue has been resolved by notifying that they have received and are satisfied with the item on the Buy » Won Items page Received & Satisfied ? option link for the specific transaction.
    Reporting
    If the seller does not solve the issue, or does not respond, the Wrong Item dispute is recognized as unresolved. Any unresolved wrong item dispute can be reported by the buyer to the mediator via the Wrong Item dispute console from 20 days, and limited to, 45 days after the initial purchase date. The reported unresolved Wrong Item dispute will be investigated, resolved and closed by the mediator with an Unresolved Dispute notification issued to the seller.
     
    The timeline and controls available to buyers for Wrong Item disputes is illustrated in the diagram below :
     
    - Buyers may open the dispute from 10 days, and limited to 45 days, after the initial purchase date.
    - If the seller does not resolve the issue, the buyer may report the dispute to the site mediator from 20 days, and limited to 45 days, after the initial purchase date.
    - The unresolved dispute if reported will be investigated, resolved and closed by the site mediator with an unresolved dispute notification issued to the seller.
     
    Buyer & Seller Protection
    Buyer and Seller Protection is offered to both buyers and sellers respectively for Wrong Items. The conditions for the protection is detailed in the Buyer & Seller Protection section above for Wrong Items and summerized as:
    Buyer Protection :
    - Buyer Protection if direct payment with account balance (e-Wallet) as the Pending Payment is released to the seller only if the buyer indicates that they have received and are satisfied with the order (see Your Account » Account Balance (e-Wallet) section for more details on account balance payments and Pending Payment management).
    - Buyers may open a Wrong Item dispute even if the seller has neglected to indicated that they have received the payment, but will need to supply a proof of payment to close the dispute.
    Seller Protection :
    - Buyers cannot open a Wrong Item dispute if they have an Unpaid Item or Non-Received Item dispute currently open, or if they have already indicated the order status as Received & Satisfied.
    - Wrong Item disputes are automatically resolved and closed if the buyer indicates the order status as Received & Satisfied.
    - Sellers cannot be notified for a Wrong Item unless the buyer can provide physical proof of claim (photo/image, official document, police report...).
     

    Withheld Payment (Held Pending Payment)
    A Pending Payment is a buyer's payment by account balance (e-Wallet) on hold by Bids-Plus to the seller untill the buyer indicates that they have received and are satisfied with the item purchased. Sellers may open an Withheld Payment dispute if the buyer has received the item and deliberately does not release the Pending Payment, and that the Dispute Rules & Limitations stated above have been respected. The Dispute Resolution System also controls that Withheld Payment disputes can only be opened in respect to buyers from 10 days, and limited to, 45 days after the initial purchase date. This can be done on the Sell » Sold Items page, or on the My Account » Pending Payments page, both the Report Withheld Payment link in options for the specific transaction available only after 3 Release Reminders have been successfully sent to the buyer.
    Resolving
    Three Release Reminders will be successfully sent to the buyer asking them to release the Pending Payment which should solve the issue before opening a Withheld Payment dispute. When opening a dispute, a notification will be communicated to the buyer inviting them to release the Pending Payment and/or to contact the seller to solve the issue. The members (buyer and seller) are required to manage the dispute via the Dispute Center » Withheld Payments console in the member's personal account. It is important to only use the dispute console for all actions and communication between members concerning the dispute as only the information provided via the console can be taken into consideration when resolving the dispute. The buyer may close the dispute at any moment by releasing the Pending Payment either on the Buy » Won Items page, or on the My Account » Pending Payments page, both the Release Payment link in options for the specific transaction
    Reporting
    If the buyer does not respond and release the Pending Payment to the seller, the Withheld Payment dispute is recognized as unresolved. Any unresolved Withheld Payment dispute can be reported by the seller to the mediator via the Withheld Payment dispute console from 20 days, and limited to, 45 days after the initial purchase date. The reported unresolved Withheld Payment dispute will be resolved and closed by the mediator and an Unresolved Dispute notification will be issued to the buyer.
    Auto Payment Release - Account Payment (e-Wallet)
    Even if a Pending Payment is not released by the buyer, Bids-Plus will automatically release the Pending Payment to the seller 45 days after the initial purchase date unless there is a dispute in progress.
     
    The timeline and controls available to sellers for Withheld Payment disputes is illustrated in the diagram below :
     
    - Sellers may open the dispute from 10 days, and limited to 45 days, after the initial purchase date.
    - If the buyer does not resolve the issue, the seller may report the dispute to the site mediator from 20 days, and limited to 45 days, after the initial purchase date.
    - The unresolved dispute if reported will be investigated, resolved and closed by the site mediator with an unresolved dispute notification issued to the buyer.
    - Automatic release of pending payment to seller after 45 days if no dispute currently open.
     
    Buyer & Seller Protection
    Buyer and Seller Protection is offered to both buyers and sellers respectively for Withheld Payments. The conditions for the protection is detailed in the Buyer & Seller Protection section above for Withheld Payments and summerized as :
    Buyer Protection :
    - Sellers cannot open a Withheld Payment dispute unless they have indicated that they have sent and completed the order.
    - Sellers may only open a Withheld Payment dispute from 10 days after the initial purchase date, and after 3 release payment reminders sent, leaving buyers sufficient time to release the pending payment, or inform the seller of any possible issues before.
    - Sellers cannot open a Withheld Payment dispute if a Non-Received or Wrong Item dispute is currently open.
    - The Withheld Payment dispute is automatically resolved and closed if the buyer releases the Pending Payment.
    Seller Protection :
    - Pending Payments can be checked and managed by buyers and sellers on the My Account » Pending Payments page in the member's personal account.
    - Buyers may only hold a Pending Payment if a Non-Received or Wrong Item dispute is open and in progress.
    - The buyer must provide physical evidence as proof (photo/image, official document, police report...) for a Wrong Item dispute, and sellers cannot be notified for a Non-Received Item if they can provide a proof of shipping and tracking from an official postal service.
    - The Pending Payment is released automatically to the seller 45 days after the initial purchase date unless a Non-Received or Wrong Item dispute is currently open and in progress.
     

    Unresolved Disputes
    All unresolved disputes will be investigated if escalated to a claim when reported to the site mediators. The site mediators will make a final decision, resolve and close all the disputes. The resulting decision made by the site mediators will be made in fairness to the facts provided by both parties, communication between the members, and dependent on the member's protection for that specific case. The mediator's verdict cannot be refuted as will be in accordance to the rules governing and accepted by the members when opening a dispute.  All unresolved disputes, or disputes resolved and closed by the mediator will be notified.
     
    This means that :
    • For all Unpaid Item disputes that are unresolved by the buyer, or resolved and closed by the mediator, the buyer will receive an Unpaid Item Notification.
    • For all Non-Received and Wrong Item disputes that are unresolved by the seller, or resolved and closed by the mediator, the seller will receive an Unresolved Dispute Notification.
    • For all Withheld Payment disputes that are unresolved by the buyer, or resolved and closed by the mediator, the buyer will receive an Unresolved Dispute Notification.
     
    All members who therefore do not resolve the dispute against them not only risks getting a negative feedback, but also a notification for not resolving the dispute against them. The negative feedbacks will be reflected in the feedback rating for that member, and the notifications visible to all members on the Feedback Details page via the View Feedback link on the item page of a seller, or by clicking on the number of feedbacks link next to the username of the member member where available. The amount of Unpaid Items and/or Unresolved Disputes are indicated with the date of the last notification.
     
    It is imperative that members resolve their disputes via the Dispute Resolution System before reporting to the site mediator as the member's account risks being suspended indefinitely if 5 notifications for either unpaid items or unresolved disputes are issued. The decision made by the mediator cannot be refuted as it is arbitrated, dependent on the facts and communication provided, and is only the application of the site's rules and policies which the member accepts on registration and when opening and reporting a dispute. The final ruling by our mediators is thus limited to Bids-Plus application and therefore does not protect any members from furthur independent pursuit at their own respective responsibility.