NIWERS RETURNS POLICY (UNITED STATES)
Effective Date: pending — company being formed Version: 2026-05-v1.0
Introduction
This Returns Policy describes how returns, refunds, and exchanges work on the Niwers Platform for U.S. orders. It is incorporated by reference into the Niwers Terms of Service and Niwers Seller Agreement.
Niwers's Role Reminder
Niwers operates as an online marketplace. Sellers (not Niwers) are the parties to the contract of sale with you. However, Niwers actively manages the returns process to ensure consistent buyer protection and compliance with applicable law.
1. NIWERS RETURN POLICY OVERVIEW
1.1. Standard 14-Day Return Window
Unlike federal law (which has no general return requirement for online retail), Niwers provides Buyers a 14-day return window for most products, starting from the date of delivery.
1.2. 30-Day Window for Defective or Misrepresented Items
If a Product is defective, damaged, or significantly different from its description, Buyers have 30 days from delivery to initiate a return.
1.3. State-Specific Consumer Rights
Some states provide additional consumer rights. Where state law provides greater protection, those rights apply:
| State | Notable Right |
|---|---|
| California | Song-Beverly Consumer Warranty Act — implied warranty of merchantability for goods sold to consumers; CA Civil Code § 1723 — return policy disclosure requirements |
| Massachusetts | Chapter 93A — consumer protection enforcement |
| New York | GBL § 396 — consumer return rights |
| Illinois | 815 ILCS 505 — consumer fraud protections |
| Magnuson-Moss | 15 U.S.C. § 2301 — federal warranty disclosure requirements |
Nothing in this Returns Policy limits any rights you have under applicable state or federal consumer protection law.
2. WHAT IS RETURNABLE?
2.1. Returnable Items
Most products purchased on the Niwers Platform are returnable within the 14-day window if:
- (a) Item is in original condition
- (b) Item is unworn, unwashed, and undamaged by the Buyer
- (c) Original tags, labels, and packaging are intact
- (d) Hygiene seal (where applicable) is unbroken
- (e) Return is initiated within 14 days of delivery
2.2. Non-Returnable Items
The following items are non-returnable (subject to state law exceptions):
- (a) Final sale items clearly marked as such by the Seller and approved by Niwers
- (b) Custom or personalized items (engraved, monogrammed, customized to Buyer's specifications)
- (c) Hygiene-sensitive items with broken hygiene seals (intimates, swimwear, masks, ear/nose jewelry)
- (d) Perishable items (food, plants — though typically not sold on Niwers Platform)
- (e) Digital goods with no physical delivery
- (f) Gift cards (final sale per California Civil Code § 1749.5 and similar laws)
- (g) Items damaged by Buyer after delivery (e.g., worn out, washed, modified)
2.3. Exception — Defective or Misrepresented Items
Even items in Section 2.2 are returnable if defective, damaged, or significantly different from description:
- Products fail to function as described
- Item received is materially different (size, color, style, brand)
- Item arrives damaged in shipping
- Counterfeit goods (return + permanent Seller termination)
2.4. Niwers's Determination
Niwers, in its sole discretion, determines whether a return is approved. Niwers's decision binds the Seller under the Seller Agreement Section 8.
3. HOW TO INITIATE A RETURN
3.1. In-App Return Process (Recommended)
- Open the Niwers app or website
- Go to My Orders
- Select the relevant order
- Tap "Return Item"
- Select reason for return:
- Standard return (14-day, no reason required)
- Defective product
- Wrong item received
- Doesn't match description
- Other
- For defective/wrong items: upload photos and explanation (required)
- Submit request
3.2. Email Support
Alternatively, email [email protected] with:
- Order number
- Reason for return
- Photos (for defective/wrong items)
3.3. Return Authorization
After Niwers reviews your request:
- Approved: You receive a Return Authorization with shipping label (if applicable) and instructions
- Rejected: Niwers will explain reasons; you may dispute or pursue other remedies
4. RETURN PROCESS TIMELINE
4.1. Standard Return (14-Day Window)
| Step | Timeline |
|---|---|
| Buyer initiates return | T + 0 |
| Niwers reviews and provides Return Authorization | Within 3 business days |
| Buyer ships item back | Within 7 days of authorization (Buyer's choice) |
| Seller receives item and inspects | Receipt + 3 business days |
| Refund processed by Niwers | Inspection complete + 3 business days |
| Refund posted to original payment method | Niwers + 3-7 business days (varies by bank) |
Total typical timeline: 14-21 business days
4.2. Defective/Wrong Item Return
Faster timeline for clear defects:
- Niwers may approve refund without requiring return of defective items in some cases
- If item must be returned, Niwers provides prepaid return shipping label
- Refund processed within 5 business days after Niwers determination
4.3. Auto-Approval (Seller Non-Response)
If a Seller fails to respond to a Buyer's return request within 3 business days, Niwers will automatically approve the return under the Seller Agreement.
5. SHIPPING COSTS
| Return Reason | Return Shipping Paid By |
|---|---|
| Standard return (no reason / Buyer changed mind) | Buyer |
| Defective, damaged, or counterfeit | Seller (Niwers provides prepaid label) |
| Wrong item received | Seller |
| Item not as described | Seller |
| Item not received (carrier loss) | N/A (Niwers issues refund without return) |
Niwers Guarantee may, at Niwers's discretion, cover return shipping in cases of clear Seller fault.
6. REFUND METHOD
6.1. Original Payment Method
Refunds are issued to the original payment method:
- Credit card → refund to same card (Stripe processes)
- Debit card → refund to same card
- Niwers wallet credit (if any) → restored to wallet
6.2. Refund Timing
- Niwers processing: 3-7 business days after approval
- Bank/card issuer posting: Additional 3-15 business days (depends on issuer)
6.3. Refund Amount
A refund includes:
- (a) Product price
- (b) Sales tax paid (proportionate to refund)
- (c) Original shipping cost (if return is due to Seller fault)
- (d) Return shipping cost (if Niwers Guarantee applies)
7. NIWERS GUARANTEE
7.1. What Is It?
The Niwers Guarantee is a discretionary buyer protection program under which Niwers may, at its option, cover refund costs from its own funds without charging the Seller, in qualifying cases:
| Situation | Niwers Guarantee Coverage |
|---|---|
| Item not received (carrier loss verified) | Full refund to Buyer; loss covered by Niwers up to $5,000 |
| Item significantly delayed (7+ business days past estimated delivery) | Full refund |
| Defective/damaged item (verified by photos) | Full refund + free return |
| Counterfeit item (verified by Niwers or brand owner) | Full refund + Seller terminated |
7.2. Limitations
The Niwers Guarantee is:
- Discretionary — Niwers may, but is not obligated to, cover claims
- Not insurance — no formal warranty obligation
- Limited — typical maximum coverage $5,000 per Order, may be lower in specific cases
- Subject to suspension or termination at any time
7.3. Eligibility Requirements
Generally requires:
- Order placed and paid through the Niwers Platform
- Issue reported within 30 days of delivery (or expected delivery for non-receipt)
- Buyer cooperation in providing evidence (photos, communications, etc.)
- No abuse pattern (Niwers may decline frequent claimants)
8. SELLER OBLIGATIONS
8.1. Compliance With This Policy
Sellers must comply with this Returns Policy. Refusal to honor 14-day returns or 30-day defect returns is a material breach of the Seller Agreement.
8.2. Seller's Restocking Fees Prohibited
Sellers may not charge restocking fees without Niwers's prior written approval and clear disclosure on the listing.
8.3. Seller's Own Return Policy
Sellers may publish their own return policy on their listings, but it must:
- Comply with the Niwers Returns Policy at minimum
- Comply with all applicable state laws
- Be clearly disclosed at the time of listing
- Not contradict this Returns Policy
If a Seller's policy is more generous (e.g., 30-day returns), the Seller policy applies. If less generous, the Niwers Returns Policy applies.
8.4. Seller Penalties
Failure to honor returns under this Policy results in:
- Niwers's unilateral refund authority (Seller Agreement Section 8.2)
- Penalties under Seller Agreement Section 15
- Potential account suspension or termination
9. EXCHANGES
9.1. Niwers Does Not Process Exchanges
To maintain transaction transparency, Niwers does not automatically process exchanges. Instead:
- Initiate a return for your current Order
- Receive refund
- Place a new Order for the desired Product
This approach:
- Preserves clear sales tax records
- Avoids inventory complications
- Allows you to use any current promotions or discounts
9.2. Direct Seller Arrangements
You and a Seller may directly arrange an exchange outside the Niwers process. Niwers is not a party to such arrangements and accepts no responsibility for outcomes.
10. ORDER CANCELLATION
10.1. Buyer Cancellation Before Shipment
You may cancel an Order within 30 minutes of placement through the in-app "Cancel Order" function.
After 30 minutes, cancellation requires Seller approval.
10.2. Buyer Cancellation After Shipment
After shipment, you cannot cancel; instead, you may return per this Policy.
10.3. Seller Cancellation
Sellers may cancel Orders for legitimate reasons:
- Out of stock (must notify Niwers within 24 hours)
- Pricing error
- Inability to fulfill within stated time
- Other Niwers-approved reasons
Seller cancellations result in full refund to Buyer within 3 business days.
10.4. Niwers Cancellation
Niwers may cancel any Order in cases of:
- Seller account suspension or termination
- Suspected fraud
- Counterfeit listing detected
- Legal compliance
- Niwers's discretion
11. ABUSE OF RETURN POLICY
11.1. Abuse Definition
Niwers may identify Buyers as abusing the return policy if they:
- Have a return rate exceeding 20% in a 30-day period (with limited exceptions)
- Repeatedly initiate returns from the same Sellers
- Return used, worn, or damaged items
- Submit fraudulent photos or documentation
- File chargeback after receiving a refund (double-dipping)
- Receive a Product but claim non-receipt
11.2. Niwers's Response
For suspected abuse, Niwers may:
- Decline future return requests
- Suspend the Buyer's account
- Permanently terminate the Buyer's account
- Pursue legal action for fraud
- Refer to law enforcement
12. STATE-SPECIFIC PROVISIONS
12.1. California
California Civil Code § 1723 requires retailers to clearly disclose their return policy. This Niwers Returns Policy serves as that disclosure and is communicated at the point of sale via the Niwers Platform.
For products sold to California consumers, the Song-Beverly Consumer Warranty Act provides implied warranties of merchantability that cannot be waived by contract.
12.2. New York
NY GBL § 218-a requires retail merchants to disclose refund policies. This Returns Policy serves that purpose.
12.3. Florida, Massachusetts, and Other States
Similar disclosure rules apply. This Returns Policy is intended to comply with all applicable state requirements.
12.4. State Law Override
If any state law provides Buyers greater rights than this Policy, those rights apply notwithstanding any term of this Policy.
13. CONTACT
| Topic | Contact |
|---|---|
| Returns and Refunds | [email protected] |
| General Support | [email protected] |
| Seller-Side | [email protected] |
| Legal | [email protected] |
| In-App | My Orders → Select Order → Return Item |
14. CHANGES TO THIS POLICY
Niwers may update this Returns Policy. Changes effective per the Niwers Terms of Service modification process. Changes do not affect Orders placed before the effective date.
Version: 2026-05-v1.0 Effective Date: pending — company being formed