1. Return/Refund Request 1.1 Subject to the terms and conditions in this Refund and Return Policy and the Terms of Service, Buyer may apply for a return and/or refund of the purchased items (“Items”) before the expiration of the ebay Protection Period. Terms of Service. 1.2 ebay Protection is a service provided by ebay at the request of users to help users deal with certain conflicts that may arise during transactions. Users can communicate privately to resolve differences or contact local authorities to help them resolve any disputes before, during or after using ebay Protection. 2. Return Request 2.1 The Buyer may request a refund and/or return only in the following cases: The Buyer did not receive the item; The item was defective and/or damaged upon delivery; The item received was incomplete (missing quantity or accessories); The Seller delivered to the Buyer an item that did not meet the agreed specifications (e.g. wrong size, color, etc.); The item delivered to the Buyer differed significantly from the description provided by the Seller in the item listing; The item received was a counterfeit item**; The item received was physically damaged (e.g. dents, scratches, breaks); The item received was defective (e.g. malfunctioned, not working as expected); Through a private agreement with the Seller, the Seller must send ebay its confirmation to confirm the agreement; or Change of mind* *The change of mind return policy is only applicable to certain categories and certain sellers. **The counterfeit return policy is only applicable to ebay sellers. 2.2 The Buyer's application must be submitted through the ebay mobile application. 2.3 ebay will review each Buyer's application on a case-by-case basis and decide at its sole discretion whether the Buyer's application is successful. 2.4 Please note that if ebay requires, the buyer must ship the item to the location designated by Sears within ten (10) calendar days of making a return request. 2.5 ebay will decide in its sole discretion whether to approve your refund and return request. Buyer acknowledges and agrees that ebay's decision is final, conclusive and binding, and promises and agrees not to file a lawsuit or otherwise make any claim against Sears or its affiliates in connection with such decision. 2.6 If Buyer has initiated legal action against Seller, Buyer may provide Sears with a formal notice from the relevant authorities requesting that ebay continue to hold the purchase funds until a formal decision is made. Sears will determine in its sole discretion whether it is necessary to continue to hold such purchase funds. 3. Rights of Preferred Sellers 3.1 If you are a Preferred Seller, you should have received a separate written notice from ebay informing you of your election to participate in the Sears Preferred Seller Program. If at any time you decide not to participate in the ebay Preferred Seller Program, please notify ebay in writing; otherwise, you will be deemed to have chosen to continue to participate in the ebay Preferred Seller Program and agree to the terms and conditions set forth in this Refund and Return Policy. ebay may suspend or remove any Preferred Seller from the Sears Preferred Seller Program at any time in its sole discretion. 3.2 ebay's decision to approve a refund or return pursuant to Section 2 above shall be binding on the relevant Preferred Seller. The Preferred Seller agrees to comply with and take all necessary measures to implement the buyer's refund or return request and obtain approval from Sears. 3.3 For any refund or return request approved by ebay, ebay will notify the Preferred Seller by email ("Email Notification") and organize the shipping of the relevant return item to the address provided to Sears in writing by the relevant Preferred Seller to complete the refund and return procedures, provided that such address is located in the country where the relevant item is listed for sale on the Website ("Local Address").
If the Preferred Seller fails to provide a local address for the return of merchandise or fails to accept the return within a reasonable time (as determined by ebay), Sears reserves the right to dispose of such merchandise in any manner it deems appropriate, and the Preferred Seller shall be deemed to have forfeited all rights in such merchandise. If the Preferred Seller does not receive the returned merchandise, the Preferred Seller must notify ebay within seven (7) days of receipt of the email notification (the "Notice Period"). Failure to notify ebay within the Notice Period will be conclusive evidence and will result in the Preferred Seller's acceptance of delivery of the merchandise, and the Preferred Seller agrees not to make any claim or raise any dispute with respect to any such merchandise. 3.4 Notwithstanding the foregoing, ebay may, in its sole discretion, not return merchandise.