Tamara’s Buyer Protection Program Terms
(for Customers)
Introduction
Thank you for choosing to shop with Tamara!
Before reading these Tamara’s Buyer Protection Program Terms (for Customers) (“BP Terms and Conditions”), please make sure you have carefully read the Customer Terms and Conditions as this forms part of your agreement with Tamara and should be read together with, and in addition to, these BP Terms and Conditions.
The following BP Terms and Conditions outline the instances where you may be able to benefit from the Buyer Protection Program in the event you have a Dispute with a Merchant in relation to goods or services you have purchased via the Tamara Services.
These BP Terms and Conditions are set out into three sections (to make these as easy as possible for you to navigate):
Section One (How to get in touch) – this sets out how you can contact us; and
Section Two (Buyer Protection Program) – this sets out all the information you need to know in relation to the Buyer Protection Program; and
Section Three (Definitions) – this includes explanations for what all the capitalised words that are used in these BP Terms and Conditions mean.
1. How to get in touch
1.1 If you’d like to get in touch with us about the Buyer Protection Program, please contact us by using the Customer Help Center.
1.2 If you have a Tamara Account with us, don’t forget to check your emails or messages communicated to you via your Tamara Account as that is normally how we will contact you about your use of the Buyer Protection Program.
2. Buyer Protection Program
2.1 The Buyer Protection Program only applies to participating Merchants. This means it may not currently apply to every Merchant you shop with using Tamara Services. You can check whether the Buyer Protection Program applies to a specific Merchant on the checkout page when making a Transaction. However, if you are still unsure, please contact us (see the “How to get in touch” section above) to understand whether a Merchant is currently utilizing the Buyer Protection Program.
2.2 Please note that only eligible Customers will have access to the Buyer Protection Program. Tamara reserves the right to determine which Customers qualify for this program. We will inform you of your eligibility through announcements associated with certain product launches, or by any other means Tamara chooses, in accordance with the Customer Terms and Conditions.
2.3 These BP Terms and Conditions only apply to the extent the Buyer Protection Program is offered by a Merchant and available to you as eligible Customer as stated in clauses 2.1 and 2.2 above, and the terms included in this document are in addition to your existing obligations and rights under the Customer Terms and Conditions.
2.4 You may wish to raise a Dispute with a Merchant in relation to a Transaction, as set out in the Customer Terms and Conditions.
2.5 In addition to raising a Dispute, you may be able to take advantage of the Buyer Protection Program when, without limitation, you encounter an Item Not Received, or an item Significantly Not as Described situation when shopping with a particular Merchant. The Buyer Protection Program is not intended to cover any Disputes relating to any unauthorized Transaction which will fall under Tamara’s unauthorized dispute resolution process (in place from time to time).
2.6 The Buyer Protection Program only applies if you have purchased goods or services (as applicable) utilizing Tamara Services and does not extend to transactions whereby you have simply utilized a Tamara Card.
2.7 Tamara shall determine, in its sole and absolute discretion, whether your claim is eligible for the Buyer Protection Program. Tamara’s determination is considered final, but you may be able to file an appeal of the decision with Tamara if you have any new or compelling information not available at the time of the original determination or if you reasonably believe there was an error in the decision-making process.
2.8 Your claim will not qualify for a Refund under the Buyer Protection Program for an Item Not Received claim, if:
a. you collect the goods in person, or arrange for the applicable goods to be collected on your behalf, which includes (without limitation) where you use Tamara Services to complete the applicable Transaction in a Merchant’s physical store; or
b. the Merchant has provided valid Proof of Shipment and/or Proof of Delivery.
2.9 Your claim will also not qualify for a Refund under the Buyer Protection Program for a Significantly Not as Described claim, if:
a. The applicable description is accurate, but you simply decide you no longer want the item after receiving the same;
b. The applicable product was properly described but for unrelated reasons did not meet your expectations;
c. The applicable product has a defect which was already described by the Merchant pre-Transaction;
d. The applicable product has been damaged by you through any alteration or otherwise; or
2.10 In all cases, your claim will also not qualify for a Refund under the Buyer Protection Program if Tamara determines, in its sole and absolute discretion, that there is actual or suspected fraud, collusion with the Merchant, or any other form of wrongdoing on your part.
2.11 If you lose a claim under the Buyer Protection Program in any country, you must forfeit the Purchase Price (in other words the full purchase price of the applicable goods or services, plus any original shipping cost) and will not be entitled to receive a Refund from Tamara (or the applicable Merchant) for the good or services relating to such claim.
2.12 Your Buyer Protection Program claim will only be considered fully resolved if:
a. the Refund to you is processed through Tamara; or
b. you provide evidence acceptable to Tamara (in Tamara’s sole and absolute discretion), that you have agreed to an alternative resolution provided by the Merchant you purchased the original goods or services from.
2.13 Payments to you may be invalidated and reversed by Tamara if, without limitation:
a. you lose a claim under the Buyer Protection Program as a result of your failure to respond to Tamara in a timely manner;
b. you pursue a chargeback related to a card-funded Transaction. The card issuer, not Tamara, determines whether you are successful when you pursue a chargeback related to a card-funded Transaction; or
c. the applicable Transaction or associated payment was unauthorized.
2.14 The following items or transactions are not eligible for the Buyer Protection Program:
a. real estate, including residential property;
b. vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats, except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards;
c. businesses (buying or investing in a business);
d. industrial machinery used in manufacturing;
e. payments equivalent to cash, including stored value items such as gift cards and pre-paid cards;
f. payments made in respect of gold (whether in physical form or in exchange-traded form);
g. financial products or investments of any kind;
h. art, media, antiques, or collectibles, in physical or digital form, as represented by a Non-Fungible Token (NFT), with a transaction amount of more than $10,000 USD or equivalent value in local currency as calculated at the time of the applicable Transaction;
i. gambling, gaming, and/or any other activities with an entry fee and a prize;
j. donations, including payments received as crowdfunding or crowdlending, or related to any other investment related activity;
k. payments to a state-run body (except for state-owned enterprises), a government agency, or to third-party collecting payment on behalf of a state-run body or government agency;
l. Significantly Not as Described claim for wholly or partly custom-made or personalised items;
m. payments made in a personal capacity (e.g. to friends and family);
n. payments not processed through your Tamara Account;
o. items that were sent to you after Tamara advised the Merchant not to release such items;
p. travel tickets sold by a travel carrier where (1) you claim that it was a Transaction unauthorized by Tamara, and (2) such claim was filed more than twenty-four (24) hours before the travel date; or
q. any illegal goods or services.
2.15 If your claim is successful under the Buyer Protection Program, you will be offered a Refund from Tamara in relation to the Purchase Price associated with such successful claim. Tamara shall ensure that such Refund is processed and sent to you within a reasonable timeframe.
2.16 If your claim is related to an item which was Significantly Not As Described, the Merchant has the discretion to decide whether you are required to return the applicable item(s) in accordance with the Merchant’s return and exchange policy. Tamara shall not be responsible in any way for any shipping or other costs in relation to such return.
3. Definitions
3.1 Unless defined herein, expressions defined in the Customer Terms and Conditions and used herein shall have the meaning set out in the Customer Terms and Conditions.
3.2 The following references, words and expressions have the following meanings:
BP Terms and Conditions: means these Tamara’s Buyer Protection Program Terms (for Customers) as amended from time to time.
Customer Terms and Conditions: means the Customer Terms and Conditions available on the Website.
Item Not Received: means when you place an order for particular goods or services from a Merchant or Merchant Platform via your Tamara Account, and you did not receive your goods or services following successful payment.
Pay In Full: means a specific payment solution provided by Tamara which permits you as a customer to pay for applicable goods and services in full (rather than on a buy-now-pay-later basis), as amended by Tamara from time to time, and which forms part of the potential Tamara Services, as applicable.
Proof of Shipment: means evidential information provided by a Merchant that includes the following:
a. an online and verifiable tracking number;
b. date of shipment;
c. an address for the recipient that matches the shipping address on the Transaction details page; and
d. an address for the recipient showing at least the city/country or postal code.
Proof of Delivery: means evidential information provided by a Merchant that includes the following:
a. an online and verifiable tracking number;
b. date of delivery and ‘delivered status’;
c. an address for the recipient that matches the shipping address on the Transaction details page;
d. an address for the recipient showing at least the city/country or postal code; and
e. where applicable, signature confirmation when the full amount of the payment (including shipping and taxes) exceeds the amount (based on the currency of the payment) listed in the signature confirmation threshold table. Signature confirmation is online documentation, viewable at the applicable shipping company’s website, indicating that the applicable item was signed for.
Significantly Not As Described: means when you place an order for particular goods or services from the Merchant or Merchant Platform via your Tamara Account and:
a. the goods or services are materially different from the Merchant’s description of such goods or services;
b. you received different goods or services to those described;
c. the condition or quality of the goods or services was misrepresented. For example, the goods were described as “new” but the goods were used;
d. the goods were advertised as authentic but is not authentic (i.e. counterfeit);
e. the goods are missing major parts or features and those facts were not disclosed in the description of the goods when you bought it;
f. you purchased a certain number of goods but didn’t receive them all;
g. the goods were damaged during shipment; or
h. the goods were unusable in its received state and was not disclosed as such.
Tamara Card: means a debit, credit or other card which Tamara may provide to its customers under separate terms and conditions, and which does not form part of Tamara Services under these BP Terms and Conditions or the Customer Terms and Conditions.
