Return & Refund Policy According To The Google Shopping Center

Welcome to Buy on Google, also known as “BoG”. These “BoG Terms” are a legal agreement between Google LLC (“Google”) and the entity that agrees to these terms electronically, referred to as the “Merchant”. The BoG Terms supersede all other agreements between the parties involved.

Google Merchant Center; Privacy. To participate in BoG, you must use Google Merchant Center. The Google Merchant Center Terms of Service govern the use of Google Merchant Center, and they are incorporated by reference into the BoG Terms. Google’s Privacy Policy also applies to the information collected through BoG. In addition, both parties agree to the Partner Information Protection Addendum (PIPA) when they share or use personal information.

Policies. Google has high standards for items listed on BoG. Except as noted in the BoG Terms, the Shopping Policies, Merchant Promotions Program Policies, and the Buy on Google Policies (collectively, as modified from time to time, the “BoG Policies”) apply to all items sold through BoG.

Updates. Google may make changes to the BoG Terms at any time. The changes will not apply retroactively and will become effective 7 days after they are posted. However, changes made for legal reasons or to add new features will take effect immediately.

2. Item Content: Google Services

2.1 Merchants may provide item content to Google through the Merchant Center Feed or API. In some cases, Google may assist merchants in finding and generating item content by retrieving it from third-party sources or the merchant’s online properties. Merchants grant Google and its affiliates a royalty-free license to use this content for the purposes of operating, promoting, and improving the Buy on Google platform and other Google shopping services. Merchants may also provide Google with logos for use in advertising.

2.2 As the seller of record, merchants on the Buy on Google platform are responsible for ensuring that all items listed are accurate and up-to-date. Merchants must have the proper licenses and permits required to sell these items, and they are solely responsible for the items provided to buyers. Merchants must also be aware of and comply with all legal and regulatory requirements related to the sale of their items. Google may audit merchant data to ensure compliance with these policies, but it does not assume responsibility for the accuracy or completeness of the information provided by merchants. In the event of a sale, the merchant is responsible for the risk of loss or damages until the item is delivered to the buyer. Merchants are also responsible for providing accurate information about shipping policies and delivery times. In addition to selling items, merchants may also be responsible for handling customer service inquiries and returns.

2.3. To help users and the Buy on Google programs, Google may share some information from the merchant’s feed publicly. This includes the number of items listed by the merchant, as well as shipping and return policies.

2.4. To maintain the high standards of service and ensure the proper use of the Buy on Google platform, Google may perform audits on the merchant’s feed to verify their compliance with the BoG Terms and applicable laws. These audits may include the use of internal verification tools. It is important to note that Google’s audits do not relieve the merchant of their responsibilities or liabilities under the BoG Terms.

2.5. To prevent merchants from overselling, Google may put in place a limit on the number of orders that can be placed. This limit, known as the Order Cap, only applies to orders that have been sent to the merchant for fulfilment.

2.6. It is the merchant’s responsibility to set the prices for all items listed on the Buy on Google platform. Google-sponsored promotions will not affect the prices set by the merchant.

2.7. Merchants must provide Google with up-to-date information on all shipping options. Google will then decide which items are eligible for the delivery options on BoG and display them accordingly. Merchants must match the shipping speeds and terms offered on their Merchant Sales Channels for items listed on BoG.

2.8. For various reasons, including technical limitations, compliance with BoG Policies, and other reasons, Google may exclude certain items or information about items from Buy on Google (BoG). Merchants should not make these items available on BoG.

2.9. There are certain items that Google may exclude from Buy on Google (BoG) at their sole discretion. These items may be excluded for a variety of reasons, including technical limitations, compliance with BoG policies, or other reasons. Merchants should not make these items available on BoG.

However, some items that are currently excluded may be permitted in the future under these BoG Terms. If this happens, the terms will be updated accordingly. Merchants should be aware that these items may require additional special treatment and handling, which will be their responsibility.

2.10. Google is not responsible for collecting customer-facing fees, including eWaste or CRV. Merchants are solely responsible for covering these fees or excluding items subject to fees if Google does not collect them on the merchant’s behalf. 

2.11. There may be a delay of up to one day before updated item content is reflected in the offers displayed to users after a merchant makes a change.

3. Payments; Refunds; Taxes on google merchant 

3.1. It is important that you provide Google with current, complete, and accurate registration information in your Merchant Center account, including any information requested about Merchant Payment Processors.

3.2 Merchants must agree to Google’s terms to use a Merchant Payment Processor on the Buy on Google platform. Google may add or remove payment processors at their discretion.

3.3. After a user makes a purchase on Google, we will send the necessary information to the merchant’s payment processor. The processor will then charge the customer’s payment method and process the payment. Google may also send information about any refunds or adjustments to the merchant’s payment processor. It is important to note that Google does not process payments or issue refunds; the merchant’s payment processor handles these. Merchants should direct any questions or concerns about payment processing to their payment processor.

3.4. In line with the applicable card association or network rules, purchases made by a user from multiple merchants on the Buy on Google platform may be aggregated.

3.5. In line with the Buy on Google Terms and Policies, the merchant is responsible for promptly processing cancellations, returns, refunds, and adjustments. Google, in its sole discretion and for the benefit of the user, may determine when a user is eligible for a refund, replacement order, or adjustment. In such cases, Google may require the merchant to be responsible for any applicable costs, including import duties, taxes, or fees collected from the user. The merchant agrees to not accept cash or other forms of consideration in exchange for issuing a refund to a user. Merchants should not ask users to waive their legal rights under the card association, network, or applicable laws. Under certain circumstances, merchants may be required by law to issue a cash refund to a user. However, if a merchant issues a refund, they will still be responsible for any resulting chargebacks or actual customer refunds issued by Google. Additional information about refund standards can be found in the Buy on Google Policies.

3.6. If a merchant’s return or cancellation policy prohibits returns or cancellations, the merchant acknowledges that Google may still issue refunds to users and/or the merchant may still be subject to chargebacks. This is because users may retain the right to a chargeback under the card association and network rules even if a merchant’s policy does not allow for returns or cancellations. Google is not responsible for investigating chargebacks or any associated costs.

3.7. If a user purchases an item on BoG and the order is fulfilled within the United States, the title of the item will transfer from the merchant to the user at the point of delivery. If the order is fulfilled from outside the United States, the title will transfer to the user at the international shipping point. It is important to note that, under no circumstances will the title of an item purchased on BoG transfer to Google.

3.8. As the seller of items on the Buy on Google platform, merchants are responsible for collecting and remitting all applicable taxes on sales to buyers in the U.S. Merchants must use a tax engine provided by Google or other means to calculate the amount of goods and services tax or other indirect tax to collect on each sale. Google will then instruct the merchant’s payment processor to charge the appropriate amount of tax to the buyer’s payment instrument account and remit the funds to the merchant. In some cases, Google may be required to calculate and remit sales tax directly to the taxing authority on behalf of the merchant. In these cases, Google will use its own tax engine and the product information provided by the merchant to calculate the tax and remit the funds to the appropriate taxing authority. The merchant is still responsible for collecting and remitting all taxes correctly.

3.9. In addition to Google Fees, merchants are responsible for all other taxes. Merchants must provide Google with all relevant information so that Google can comply with applicable tax laws. Google will rely on the information provided by the merchant, and the merchant is responsible for any misrepresentation or incorrect information. If Google is required to collect or pay other taxes, the merchant will be responsible for those taxes in addition to any Google Fees. However, merchants may be exempt from these taxes if they provide Google with a valid tax exemption certificate from the appropriate taxing authority.

3.10. It is the responsibility of the merchant to ensure that their participation in the Buy on Google platform and the listing of items on the platform are in compliance with all applicable laws, regulations, and rules. This includes compliance with the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, the trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, the International Traffic in Arms Regulations (ITAR) maintained by the U.S. Department of State, card association or network rules, and hardware certifications and product labelling requirements. Merchants must also ensure that their Merchant Payment Processors comply with all applicable laws and regulations.

3.11. Google is solely responsible for determining the user-facing service fees. If applicable, these fees will be added to the purchase price and collected from the user. Google reserves the right to change user-facing fees, membership plans, and shipping plans at any time without notice.

3.12. Google may run promotional offers on behalf of merchants, either solely or in conjunction with merchants or third parties. These promotions may apply to items listed on Buy on Google (BoG) at the order level, across BoG, or on associated fees (including shipping rates). Merchants can choose to opt out of these promotions using the applicable BoG opt-out feature.

3.13. Merchants are responsible for paying Google for all applicable Google Fees, service credits, Actual Customer Refunds, Other Taxes, reconciliatory amounts, and other amounts as per the BoG Terms.

Google will offset any amounts that the merchant owes to Google against any payments that Google owes to the merchant. In certain cases, Google may collect amounts payable by the merchant directly from the merchant’s payment processor. Google will instruct the merchant’s payment processor to remit these amounts to Google. If the merchant’s payment processor does not remit any of these amounts to Google, Google may bill the merchant directly for the amounts. Merchants must submit any billing disputes to Google in writing within 30 days of the date of the applicable disbursements made by Google to the merchant’s payment processor.

3.14. To verify the Merchant’s compliance with the law, rules, and regulations governing the use of the Buy on Google platform, Google, a card association, network, or government agency may inspect the Merchant’s premises and audit the Merchant’s books, records, and procedures.

4. User Personal Information

4.1. Except for certain circumstances detailed in this section, the Merchant will only use the personal information it receives from Google for order fulfilment and fraud prevention in connection with BoG, as specified in these BoG Terms. The Merchant may use Loyalty Numbers in accordance with the Merchant’s privacy policy, provided that the user to whom the Loyalty Number is assigned has been given legally acceptable notice of and has consented to the Merchant’s privacy policy and any other terms applicable to the Merchant’s loyalty program. The Merchant will only use personal information for marketing-related communications, as detailed below under “User Marketing Choice.” It is important to note that these usage restrictions do not restrict the Merchant’s ability to use lawfully collected information independently of BoG.

4.2. Google may allow users to consent to share their personal information with merchants for email marketing purposes through BoG. This is referred to as the “Marketing Opt-In.” Merchants may only use the personal information of users who have opted in for marketing purposes, and they must use it exclusively for email marketing purposes. Merchants must provide users who receive marketing emails with information about how the merchant uses their email address and other user data, as well as the option to opt out of receiving emails, in accordance with applicable law.

5. Customer Service.

After a merchant receives payment for an order, Google will provide the buyer with an electronic receipt. However, the merchant is not obligated to provide electronic receipts to buyers, except in cases where it is required by law.

It is the merchant’s responsibility to handle all customer service issues. However, suppose a merchant fails to resolve an issue to Google’s satisfaction or does not meet certain quality standards. In that case, Google may step in and provide customer service, including issuing refunds or replacements. Google may also provide customer support in response to user requests. Merchants should be prepared to respond to user support requests within two business days. Google may monitor and record customer service communications between merchants and users in order to maintain and improve the quality of the Buy on Google platform. Merchants must consent to this monitoring and recording, and they are responsible for obtaining any necessary user consent for this purpose.

Regarding returns, merchants must provide Google with their carrier account information or return labels and tracking numbers. Google will not process returns that are outside the standard return policy window. Merchants are responsible for providing a valid return address for all items sold on the Buy on Google platform. The merchant will bear Return shipping costs and charge them directly to their carrier account. Merchants may only charge a return shipping fee if the return is not due to a defect or other order issue and if the merchant includes a return shipping fee in their standard return policy. Merchants are not permitted to charge restocking fees.

7. Google Fees.

Google may charge merchants a fee for listing items on certain surfaces or properties on the Buy on Google platform. Merchants will be notified of these fees and will have the option to opt-in to having their items listed on these surfaces. The fees will be assessed on the final price charged to the user, including applicable taxes.

8. Representations and Warranty.

Both parties involved in the Buy on Google Terms agree that they have the legal right and authority to do so.

The merchant represents and warrants that they are not a franchise, travel agent, or high-risk merchant as defined by card association or network rules. They also affirm that they do not fall under any other category of merchant prohibited from participating in the Buy on Google program by card association or network rules.

The merchant also warrants that they have all the necessary rights to grant the licenses mentioned in the Buy on Google Terms. They agree that the use of any materials or content provided to Google by the merchant will not infringe on the intellectual property or other rights of any third party.

Finally, the merchant warrants that they and their merchant payment processors comply with all applicable laws, rules, and regulations, including card association or network rules.

9. Disclaimers. 

Google and its affiliates disclaim all warranties, whether expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Google and its affiliates make no guarantee with respect to Buy on Google. Furthermore, Google and its affiliates do not promise to inform merchants or their merchant payment processors of defects or errors.

11. Confidentiality; Publicity; Retention of Rights

Confidential Information must be kept confidential. The only people who should have access to this information are those who need it and have agreed to keep it confidential. They should use the information only to exercise their rights and fulfil their obligations under the BoG Terms, and they should take reasonable precautions to keep it confidential. Confidential Information may be disclosed when required by law, but only after giving the discloser reasonable notice, if legally permissible.

Google retains all rights to BoG except as otherwise provided in the BoG Terms. Merchants may not sell, lease, sublease, alter, or use any assets provided to them under the BoG Terms for any purpose other than fulfilling orders through BoG. Merchants retain all rights to their Item Content and Merchant’s Brand Features, including all intellectual property rights.

Merchants may not make any public statements about the relationship with Google without Google’s written approval, except when required by law after giving Google reasonable notice.

12. Indemnification

Merchants will defend Google, its directors, officers, and employees from third-party legal actions and damages arising from the merchant’s or its payment processor’s fraud, misrepresentation, willful misconduct, breach of the BoG Terms, or violation of law. Merchants are also responsible for defending against claims related to product liability for items sold on the BoG platform. However, this indemnification does not apply to claims arising from Google’s breach of the BoG Terms or from unauthorized modifications to Merchant’s Brand Features. In addition, any settlement that would require Google to admit liability, pay money, or take (or refrain from taking) any action must have Google’s prior written consent, which cannot be unreasonably withheld, conditioned, or delayed.

13. Termination. 

Google and merchants may terminate or suspend participation in the Buy on Google program for various reasons, including policy violations. Merchants may terminate their participation by providing written notice to Google. It may take up to three business days for the merchant’s product offers to be removed from the program after notice is given. The terms of the agreement will continue to apply to orders placed before termination or expiration, as well as any other sections that are relevant. Google may withhold funds for up to 180 days after termination to cover financial obligations or disputes. Merchants are responsible for financial obligations incurred after the termination of the agreement.

14. Governing Law.

If a legal dispute arises between Google and a merchant, the laws of the State of California will apply, except for California’s conflict of laws rules. The dispute will be settled in the federal or state courts of Santa Clara County, California. Both parties agree to this jurisdiction.

For non-U.S. merchants organized in China, a different governing law will apply. If a dispute arises, it will be settled through arbitration by the American Arbitration Association’s International Center for Dispute Resolution in accordance with its Expedited Commercial Rules. The arbitration will be conducted in English in Santa Clara County, California.

Both parties agree to try to resolve disputes within 30 days of their arising. If the dispute is not resolved within 30 days, it will be resolved through arbitration. The arbitrator will have the power to issue equitable or injunctive relief consistent with the remedies and limitations in the Buy on Google Terms.

Either party may petition a court to issue an order necessary to protect their rights or property, but this does not waive the agreement to arbitrate or affect the arbitrator’s powers. The courts of Santa Clara County, California, are authorized to grant any orders under the Buy on Google Terms.

The arbitration award will be final and binding on the parties and may be entered in any court with jurisdiction over the parties or their property. Any information disclosed during arbitration, including the existence of the arbitration, is considered confidential. The parties may disclose this information to a court as necessary to file an order or execute an arbitral decision, but they must request that the judicial proceedings be conducted in private.

The parties will pay the arbitrator’s fees, the fees and expenses of the arbitrator’s appointed experts, and the arbitration centre’s administrative expenses in accordance with the Rules. The arbitrator will determine in their final decision the non-prevailing party’s obligation to reimburse the prevailing party for these fees. Each party will bear their own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision.

15. Miscellaneous.

Notices regarding termination or breach must be in writing and in English. They must be sent to the other party’s legal department. For notices to Google’s Legal Department, the address is legal-notices@google.com. All other notices must be in English and sent to the other party’s primary contact. Emails will be considered written notices. The notice will be considered delivered upon receipt, as verified by a written or automated receipt or electronic log (as applicable).

Assignment. Unless both parties agree in writing, no one may transfer or assign any part of these BoG Terms. An exception is made for affiliates, provided that: (a) the affiliate agrees in writing to be bound by the terms of the BoG Terms; (b) the original party remains responsible for any obligations under the BoG Terms if the affiliate defaults; and (c) the original party notifies the other party of the assignment. Any attempt to assign without consent is invalid.

Change of Control. If one party experiences a change in ownership, as defined by a stock purchase or sale, merger, or other corporate transaction, the following steps must be taken:

1- The party experiencing the change must provide written notice to the other party within 30 days.

2- The other party may terminate the BoG Terms at any time between the change of control and 30 days after receiving the notice.