LastDraw Trustee service
(English translation*)
General
The LastDraw Trustee Service protects the buyer if a purchased item does not arrive (“Item Not Received”), if an item received is materially different from the seller's description, or if the buyer does not receive a refund or a partial refund after it has been returned.
Apply for LastDraw Trustee Service
The buyer must submit a return request or report an item that was not received directly to LastDraw within the timeframe below.
After submitting an inquiry, the seller has 3 working days to provide a solution to the buyer. If the seller does not offer a solution or the buyer is dissatisfied with the solution, the buyer can use the LastDraw Trustee service by turning on LastDraw.
If the buyer fails to submit a LastDraw Trustee service claim within 30 days of reporting the problem to the seller, the request will be automatically closed.
The buyer can only submit one application per transaction. An application can cover several items, e.g. if the buyer bought 3 items but did not receive 2 of them.
For items not received and items that do not match the description, the following applies:
- A buyer must report the problem to the seller within 30 days. The period begins after the delivery date specified on LastDraw has expired.
For problems with returns:
- Return requests must be made by the buyer within 30 days of the delivery date stated on LastDraw or within the return period granted by the seller, if this is longer.
- If a tracked item is returned to the seller, the seller has 2 business days from the delivery date to issue a refund. Otherwise, the buyer can submit a LastDraw Trustee service claim within 10 working days of the end of the refund period.
When does the LastDraw Trustee service apply?
Purchases made through the LastDraw Services, as defined in the Terms and Conditions, will normally fall under the LastDraw Trustee Service if the other terms of this Policy are met. If a LastDraw Trustee service claim is warranted, the full purchase price and original shipping costs will be refunded to the buyer (return shipping costs will not be refunded).
Safe Shipping
Methods The LastDraw Trustee Service applies to items that have been shipped with insured shipping and for which the LastDraw Trustee Service has been selected or automatically added.
The buyer must have paid the entire purchase price in one payment to LastDraw (no installments, no cash, no down payments, no deferred payments).
Scope - Coverage by the LastDraw Trustee service
The buyer can benefit from the LastDraw Trustee service in the following cases: Item
- not received
If the buyer has not received an item, he must submit a request to report the item that has not been received. The seller should process the buyer's request and provide tracking information, updates on how the item is shipped, or a refund within 3 business days. If the problem has not been resolved and the buyer is under LastDraw Trustee, LastDraw will ask the seller to provide evidence of successful, on-time delivery to the buyer's address in accordance with this policy. If successful delivery cannot be proven, the buyer will receive a refund for the full purchase price and the original shipping costs.
The LastDraw Trustee service does not apply in cases where an item has been lost or damaged after delivery (for example, if it has been stolen from the parcel's storage location).
- does not match the item description
ItemThe LastDraw Trustee service protects the buyer if an item supplied deviates significantly from the item description. In this case, the buyer must submit a request to return the item. The seller is obliged to respond to the buyer's complaint within 3 working days and propose a solution, for example by accepting a return or offering a replacement or a refund. In some cases, LastDraw will automatically accept the return request on behalf of the seller. If the buyer is not satisfied with the solution proposed by the seller, they can use the LastDraw Trustee service.
If LastDraw has been engaged, LastDraw may ask the buyer for substantiated evidence in order to consider the application and the buyer must provide the necessary evidence within the time limit. At LastDraw's request, the buyer must also return the item at its own expense and provide LastDraw with sufficient proof of delivery in accordance with this principle.
- No refund despite exercising the right of withdrawal
The LastDraw Trustee service protects the buyer if he has exercised his right of withdrawal in accordance with the seller's cancellation policy but has not received a timely refund or the refund amount is incorrect.
For a decision in favor of the buyer, the following requirements must be met:
- The seller's offer contains redemption conditions and the buyer makes use of his right of withdrawal.
- The buyer has requested a return from the seller via LastDraw Messenger.
- The return request must be made within the deadline specified in the seller's return policy.
- The buyer is obliged to return the item in an unchanged condition and within 10 working days of the seller's acceptance of the return request to the address specified by the seller in the cancellation policy or in the LastDraw return process.
- The buyer must mark the item in the return process with LastDraw if that option is available to the buyer, or confirm upon request that the shipment has been initiated within the stated return period. LastDraw can demand proof of the delivery of the return from the buyer according to this principle.
If the buyer returns an item, the seller has 2 business days from the delivery date to issue a refund. If the seller fails to do so, the buyer can contact LastDraw within 10 working days of the end of the refund period.
Proof of Delivery
The meeting by the seller or buyer to be provided evidence of a successful and timely delivery has all of the following requirements:
- The tracking number that has been uploaded to the site before the specified on LastDraw delivery
- the delivery status "delivered" (or equivalent, depending on the country to which the item was delivered)
- Delivery Date
- Recipient Address - For sellers, the recipient's address must be at least the same zip code (or international equivalent) as the buyer's address on the Purchase Details page. When making a return, buyers must at least be able to see the zip code (or international equivalent) corresponding to the seller's address on LastDraw's return details.
Buyers and sellers grant LastDraw the right to access the shipping information of the parcel service providers used on their behalf in order to verify the shipment of an item.
If the buyer returns an item other than the one described or exercises his right of withdrawal and uses a return label provided by the seller without tracking the shipment, the buyer is not required to provide proof of delivery.
Returning to the Seller
If the buyer has to return the item to the seller in order to benefit from the LastDraw Trustee service, the following applies:
- The buyer is obliged to return the item in the same condition and is liable for any loss in value of an item if that loss in value occurs on a Handling is due that is not required to check the quality and functionality of the item. If certain conditions are met, it could result in the seller deducting the amount of the depreciation and only making a partial refund.
- LastDraw may refrain from requesting the return of an item to the seller, e.g. if it would be dangerous or illegal to return the item, or if the item is no longer of value (e.g. a ticket to a canceled event). In these cases, the seller must continue to reimburse LastDraw for the amount paid to the buyer under a legitimate LastDraw Trustee service claim.
TimelyInquiries
Response to BuyerBuyer must respond in a timely manner to LastDraw questions regarding their eligibility for LastDraw Trustee Service. LastDraw may refuse a request if the buyer does not respond within the set deadline. LastDraw may extend this period in special circumstances.
Withdrawal
If you are eligible for LastDraw Trustee Service, you will be refunded the purchase price including the original shipping costs.
LastDraw Decisions Are Final
LastDraw will evaluate all LastDraw Trustee Service claims in relation to payments processed through LastDraw, taking into account the guidelines set out here. It is up to LastDraw to decide whether or not to issue a refund to the buyer. The decision is final and any legal action against LastDraw in relation to this decision is excluded.
Buyers and sellers have 45 days to appeal the decision if they come up with new evidence.
The legal and / or contractual rights of the buyer and seller remain unaffected by the LastDraw Trustee service and remain separate from the LastDraw Trustee service.
LastDraw does not act as an intermediary for the buyer, seller or payee.
No Multiple Refunds
If the seller refunds the buyer for the purchase price and shipping costs, or if the buyer and seller agree on a partial refund, the buyer cannot request a refund from LastDraw.
Fraudulent Claims and AbusiveBehavior
BuyerIf a buyer engages in the activities described in the buyer's abuse policy, a variety of actions can be taken against them. For example, the buyer may lose their right to LastDraw Trustee Service, receive a warning, or be prevented from making a return or refund request to LastDraw or reporting Trustee service cases. It is also possible to lock the LastDraw account. In these cases, buyers can of course still request a return outside of LastDraw.
The following activities are prohibited, among others:
- A buyer opens inquiries twice.
- A buyer agrees with the seller to display a lower item value in order to save on customs duties.
- A buyer initiates a chargeback after receiving a refund.
- A buyer claims they did not receive an item even though the purchase details show that the item was delivered to the buyer's address.
- A buyer incorrectly states that an item does not match the description.
- A buyer is returning an item other than the one originally received.
- A buyer uses or damages an item and then returns it.
Buyers making claims with fraudulent intent are subject to the consequences set out in the Terms and Conditions in the Sections on Use of the LastDraw Services, Prohibited Articles and Content, Prohibited Article Policies, LastDraw User Contribution Policies and Content. LastDraw also reserves the right to exclude buyers from the LastDraw Trustee service if there are specific indications of improper use.
International Transactions
If a seller lists an item for sale with an international shipping option (ex. Worldwide Shipping), this may result in the item being purchased by a buyer from another country. The Trustee service program and its principles apply to the Trustee service and are available on the LastDraw website.
Availability of the LastDraw Trustee service
LastDraw reserves the right to change or terminate the LastDraw Trustee service independently and without giving a reason. When LastDraw terminates the LastDraw Trustee service, all open applications will be processed until a final decision has been made.
*This translation is provided for the Customer’s convenience only. The German language version, not the translation shall be legally binding on the Parties. The German language version and not its translation(s) will govern in the event of a conflict between the German language version and a translation.