Upmos Guarantee

1. Overview & Purpose

The Upmos Guarantee is a marketplace buyer-protection program offered by Upmos Inc. (“Upmos,” “we,” “us”) to buyers who purchase items sold and fulfilled by independent third-party sellers (collectively, “Vendors”) on upmos.com. The Upmos Guarantee is in addition to — and does not replace — your rights against the Vendor, your statutory consumer rights, or your rights under your chosen payment method.

This Policy explains what the Upmos Guarantee covers, who is eligible, how to file a claim, how Upmos decides claims, refund limits and caps, and how this Policy interacts with other Upmos terms.

2. Definitions

The following capitalized terms have the meanings given below, regardless of where they appear in this Policy.

• “Upmos Guarantee” — the marketplace buyer-protection program described in this Policy.
• “Vendor” or “Third-Party Seller” — an independent business that lists and fulfills products on the Upmos Marketplace. Upmos is not the seller of record for Vendor Products.
• “Vendor Product” — any item sold by a Vendor through upmos.com. (Items sold and fulfilled directly by Upmos Inc. are covered by the standard Returns & Refund Policy, not this Guarantee.)
• “Buyer” — the registered Upmos account holder who placed the order.
• “Estimated Delivery Date” or “ETA” — the latest delivery date displayed at the time of checkout or in the post-purchase Order Details page.
• “Business Day” — Monday through Friday, excluding U.S. federal holidays, in the buyer’s billing time zone.
• “Resolution Center” — the in-account dispute filing portal at /my-account/disputes/.
• “Claim” — a request for refund or remedy filed by a Buyer under this Policy.
• “Approved Claim” — a Claim that Upmos has determined, in its commercially reasonable judgment, meets the eligibility and coverage requirements of this Policy.

3. Eligibility

You are eligible to file an Upmos Guarantee claim if all of the following are true:

1. You are the registered Upmos account holder who placed the order.
2. The order was placed through upmos.com checkout (not off-platform, vendor-direct, or any out-of-band channel).
3. The order was paid for using a payment method accepted by Upmos.
4. The item is a Vendor Product (sold and fulfilled by a third-party Vendor).
5. The claim is filed within the applicable filing window (see §6 Filing Windows).
6. You have first attempted to contact the Vendor through the Upmos in-account messaging system at least 48 hours before filing your claim with Upmos.
7. Your Upmos buyer account is in good standing (not suspended, restricted, or under abuse review — see §15).

4. What the Upmos Guarantee Covers

You may file an Upmos Guarantee claim under any of the following five (5) scenarios, provided you meet the eligibility criteria in §3:

4.1   Late Delivery

Your item has not arrived by:

• One (1) day past the latest Estimated Delivery Date displayed at checkout or in your Order Details.

If the Vendor did not display an Estimated Delivery Date at checkout, the order is ineligible for a Late-Delivery claim. (Vendors are required to display an ETA — failure to do so is a Vendor compliance issue, not an Upmos Guarantee one.)

This is significantly more buyer-friendly than the industry norm (3–14 days past ETA on most marketplaces). See §18 How We Compare.

4.2   Damaged or Defective

The product arrived:

• Damaged in transit or in the package,
• Defective on first use,
• Missing parts, accessories, or required components without which the product cannot function as advertised.

4.3   Not as Described

The item is materially different from the Vendor’s listing. Examples include but are not limited to:

• Wrong item entirely (color, model, size, brand);
• Different specifications than listed (capacity, dimensions, performance ratings);
• Used, refurbished, or open-box when sold as new (or vice-versa);
• Counterfeit or unauthorized replica (also covered under the Counterfeit & Authenticity Guarantee — you may file under either, but not both).

4.4   Return Issues

You returned the item to the Vendor in accordance with the Vendor’s posted return policy, you have proof of return shipment, and the Vendor failed to issue a refund within ten (10) business days of the Vendor’s receipt of the returned item.

4.5   Property Damage or Personal Injury

A defective Vendor Product caused damage to your personal property, real property, or caused personal injury, provided that the claim is filed within ninety (90) days of the date you took delivery of the product. See §10 Property Damage & Personal Injury Claims for the special procedures that apply to this scenario.

5. How to File a Claim

Filing a claim is a five-step process designed to be transparent and predictable:

6. Filing Windows & Decision Timelines

All Upmos Guarantee timelines, in one table:

7. Refund Limits & Caps

The Upmos Guarantee provides the following maximum coverage per Approved Claim:

8. Refund Source & Method

Once a claim is Approved, Upmos funds the refund first and recovers the amount from the Vendor afterwards. You do not need to wait for the Vendor to agree:

• Refund source: Upmos Inc. fronts the refund from its marketplace operating funds.
• Refund method: Refunds are issued to the original payment method used at checkout. Gift-card or loyalty-point purchases are refunded to the original gift card or loyalty balance.
• Timing: The refund is initiated by Upmos within three (3) business days of approval. Final settlement to your bank or card may take an additional 3–10 business days depending on your issuer.
• Vendor chargeback: Upmos charges the refunded amount (plus an administrative fee, as detailed in the Vendor Payout & Settlement Policy) against the Vendor’s next scheduled payout. This is the Vendor’s issue with Upmos, not yours.
• Subrogation: If Upmos issues a Property Damage / Personal Injury refund, Upmos may pursue the Vendor or the Vendor’s insurer to recover those funds.

9. Self-Cancel for Never-Shipped Orders

If a Vendor fails to assign a carrier tracking number to your order within seven (7) business days of order placement, you may cancel the order yourself directly from your account — no claim filing required.

1. Go to /my-account/orders/.
2. Find the order and click Cancel (Never Shipped).
3. Your full refund (item + shipping + tax) is initiated immediately to your original payment method.

If the Vendor uploads a tracking number after you self-cancel but before the refund settles, Upmos may treat the cancellation as a standard order cancellation and the Vendor will be charged back the corresponding fees.

10. Property Damage & Personal Injury Claims

Defective Vendor Products that cause damage to your personal or real property, or that cause personal injury, are eligible for special coverage up to a $1,000,000 umbrella per Approved Claim. The following procedures apply:

10.1   Filing Window

The claim must be filed within ninety (90) days of delivery of the defective product. Filing under this Guarantee does not extend or shorten any statutory limitations period applicable to product-liability claims in your jurisdiction; you may have additional rights under state law (for example, in Texas, the statute of limitations for personal-injury claims is generally two years from the date of injury).

10.2   What to File

• Photographs of the defective product and the damage caused.
• Repair or replacement estimates from a qualified vendor (for property damage).
• Medical records or first-responder reports (for personal injury).
• Police, fire, or insurance reports if any were filed.
• Receipts, invoices, or any other documentation of out-of-pocket loss.

10.3   Special Adjudication

Property Damage / Personal Injury claims are not decided on the 5-business-day standard timeline. Upmos will acknowledge the claim within five (5) business days and provide a substantive update within twenty (20) business days. Investigation may include a review by Upmos’s product safety team and, where applicable, the Vendor’s product liability insurer.

10.4   No Waiver of Statutory Rights

Accepting payment under this section does not waive your right to pursue product liability, warranty, or other claims permitted under applicable state, federal, or international law. Where required, Upmos may request a limited release of claims against Upmos itself (not the Vendor) as a condition of payment of any amount exceeding $25,000.

10.5   Subrogation

If Upmos pays an Approved Property Damage or Personal Injury claim, you assign to Upmos all rights to recover from the Vendor (and the Vendor’s insurer) to the extent of the payment, and you agree to cooperate reasonably with Upmos’s subrogation efforts.

11. Exclusions — What Is Not Covered

The Upmos Guarantee does not cover any of the following:

1. Buyer’s remorse — you changed your mind after delivery; the item is fine. (Use the Vendor’s return policy.)
2. Stolen packages after confirmed delivery — carrier scanned as “delivered” and there is no claim that the carrier mis-scanned. Contact your carrier or local law enforcement; some carriers offer porch-piracy insurance.
3. Wrong address provided by you, refused delivery, or failure to be present for required signature.
4. Items damaged after delivery — damage caused after the carrier scanned “delivered.”
5. Customs delays, import duties, or restricted-import jurisdictions — for international orders.
6. Digital downloads, software licenses, gift cards, downloadable services, or any product with no physical fulfillment.
7. Custom, personalized, made-to-order, or built-to-order items — except where the item is materially different from your customization specification.
8. Perishable items past their stated freshness window — e.g., produce, prepared food, certain cosmetics.
9. Items modified, altered, used, or installed by you beyond the extent required to discover the defect (i.e., normal first-use is permitted; modification is not).
10. Items purchased outside the upmos.com checkout — including off-platform direct messages with a Vendor, vendor-direct websites, or any other channel.
11. Recalled items continued in use after a recall notice — once a recall is published, continued use voids Property Damage / Personal Injury coverage.

12. Evidence & Documentation Requirements

To minimize fraud and ensure fair decisions, claims must include the following documentation. Missing documentation may result in denial.

All evidence must be uploaded to the Resolution Center claim page within seven (7) days of opening the claim, or the claim may be administratively closed.

13. Appeal of a Denied Claim

If Upmos denies your claim, you may file one (1) appeal within seven (7) days of the denial notice.

1. Go to the original claim in the Resolution Center and click Appeal.
2. State the grounds for appeal and upload any new evidence that was not available at the original filing.
3. A senior claims reviewer (different from the original adjudicator) will decide the appeal within five (5) business days.
4. The appeal decision is final under this Policy. (It does not affect your right to pursue arbitration under the Terms of Use §25 or your statutory rights under §17.)

14. Your Right to a Bank Chargeback

The Upmos Guarantee is in addition to, not a substitute for, your rights under the credit-card or payment-network agreements governing your purchase. If your Upmos claim and appeal are both denied, you may still dispute the transaction directly with your bank or card issuer:

• Credit card disputes are governed by the Fair Credit Billing Act (15 U.S.C. § 1666) and your card network’s rules — typically 60 days from the statement date.
• Debit card disputes are governed by the Electronic Fund Transfer Act (Regulation E) — typically 60 days from the statement date.
• Digital wallet, BNPL, or alternative payment — check the provider’s dispute policy.

If you are unsure how to start, the Chargeback Policy explains the process, what evidence to gather, and the consequences of filing duplicate disputes. Filing a chargeback while a Resolution Center claim is open may pause or close the Upmos claim per that Policy.

15. Buyer Abuse & Suspension

The Upmos Guarantee depends on good faith. Upmos may suspend or revoke your access to the Guarantee, in whole or in part, if your account exhibits one or more of the following patterns:

• Filing claims at a rate above one (1) in five (5) orders over a rolling 12-month window;
• Filing more than ten (10) claims that were denied as ineligible in any rolling 12-month window;
• Submitting evidence determined by Upmos to be fabricated, altered, or misrepresented;
• Receiving the refund and the item (i.e., failing to return the item when return was a condition of the refund);
• Filing a Resolution Center claim and a bank chargeback for the same order without notifying Upmos;
• Other patterns described in the Buyer Account Suspension Policy.

You will be notified of any suspension under this section and offered an appeal under the suspension policy linked above.

16. Vendor Obligations & Account Health

Vendors agree to the Upmos Guarantee as a condition of selling on the Marketplace. Claim outcomes feed into the Vendor’s Account Health Score, which affects:

• Vendor search-ranking and recommendation eligibility;
• Eligibility for Brand Registry, Sponsored Products, and other premium programs;
• Buyer-visible badges (e.g., “Top-Rated Seller”) once those programs launch;
• Continued eligibility to sell on Upmos — see the Seller Performance Standards Policy.

Vendors enrolled in the Brand Registry may qualify for an expedited 24-hour response SLA in future program updates; until that update is announced, all Vendors are held to the 48-hour Vendor SLA.

17. Statutory & Consumer Rights

Nothing in this Policy limits, waives, or replaces your rights under applicable consumer-protection law, including but not limited to:

• U.S. federal law — Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.), FTC Mail or Telephone Order Merchandise Rule (16 CFR § 435), Fair Credit Billing Act (15 U.S.C. § 1666), Electronic Fund Transfer Act / Regulation E (15 U.S.C. § 1693), CARD Act (Pub. L. 111-24);
• State consumer-protection statutes — including but not limited to the California Consumer Legal Remedies Act, California Song-Beverly Consumer Warranty Act, New York General Business Law §§ 349–350, Texas Deceptive Trade Practices–Consumer Protection Act, and the consumer-protection laws of every other U.S. state and territory;
• State lemon laws, where applicable to a defective product;
• European Union — for EU/EEA buyers: the Consumer Rights Directive (2011/83/EU), Sale of Goods Directive (2019/771), and any local implementing legislation, which may grant longer return windows, statutory guarantees, or other rights.

Where any provision of this Policy provides less protection than mandatory consumer-protection law, the statute prevails to the extent of the conflict.

18. How the Upmos Guarantee Compares to Other Marketplaces

For your reference, the table below compares the Upmos Guarantee to publicly published buyer-protection policies of major competing marketplaces, as of the Effective Date of this Policy. Other marketplaces’ policies change without notice; consult their then-current terms for the most accurate comparison.

Related Policies

The following Upmos policies interact with, expand on, or are referenced by this Guarantee:

Contact & Resolution Center

For all Upmos Guarantee claims, use the Resolution Center:

Version History