Terms of Service

1. Introduction

The following document applies to Trustap’s transaction platform (www.trustap.com) (“The Platform”).

The following document applies to Trustap’s transaction platform (www.trustap.com) (“The Platform”). The Platform is owned and operated by Trustap Ltd (“Trustap”) a Private Limited Company incorporated in Ireland with Company’s Registration Number of 614918 whose registered office is at 1-2 St Patrick’s Quay, Victorian Quarter, Cork, T23 CY5X, Ireland. Trustap grants you a non-exclusive licence to access the Platform and use the Services (defined below) subject to these terms and conditions (“Terms”).

In these Terms, “we”, “us” and “our” refer to Trustap and references to “you” and “your” is to you, the user of the Platform and our customer (“Customer”). By accessing and using the Platform and Services you agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using the Platform. You agree that we may change, update or otherwise amend the Platform, the Services and these Terms at our absolute discretion, subject to paragraph 13.4.

“Trustap Account”

The registered profile of a Customer. “The Trustap Hold” refers to Trustap’s Stripe Platform Account, which is the client monies account with Stripe, which monies are transferred to via Trustap during the process of a transaction. The Trustap Hold is a safeguarded Hold Account. This Hold Account is statutorily protected so that the funds are held safely for Customers even in the event of our insolvency.

“Account”

(i) a payment account or payment instrument of a Buyer held with or issued by a third-party payment service provider (e.g. Buyer’s bank account or credit/debit card) from which funds are transferred to the Trustap Hold; (ii) a payment account of a Seller held with or issued by a third-party payment service provider (e.g. Seller’s bank account or credit/debit card account) to which funds are transferred from the Trustap Hold on completion of a Transaction.

“Business Day”

Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. (GMT), which are not public holidays in Ireland.

“Payment”

The transfer of Funds by Trustap from the Buyer to the Seller to satisfy the payment of the relevant Transaction.

“Funds”

The funds transferred to the Trustap Hold under a specific Transaction ID pursuant to these Terms and for the purpose of effecting the payment of the Transaction between Buyer and Seller.

“Transaction ID”

The unique identifier associated to a particular Payment Transaction identifying the funds transferred to the Trustap Hold on behalf of a specific Buyer and Seller.

“Prohibited Transactions”

Customers may not use the Platform or the Services in connection with any Transaction that is illegal or involves any illegal items, or is for any illegal purpose; involves any obscene or pornographic material; involves any munitions or firearm; involves pirated software, DVD or videos or item(s) otherwise infringing copyrighted works; involves illegal drugs or controlled substances; sale of alcohol to consumers; gambling and sale of electronic currencies.

“Security Details”

The personal username or password associated to your Trustap Account.

“Seller”

Has the meaning as set out in paragraph 5.1(a) of these Terms.

“Services”

The transaction management and escrow-like services provided in relation to the Trustap Hold and through the Platform.

“Buyer”

Has the meaning as set out in paragraph 5.1(a) of these Terms.

“Writing”

Includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

“Transaction”

The sale of goods or services by the Seller to the Buyer.

“Item”

The object of the transaction. The item can refer to physical goods, digital goods, or services. The item must not be part of Trustap’s prohibited items list (please refer to the “Prohibited transactions” section for our prohibited items list). The item description must reflect its quality and appearance precisely (including any defects or alterations) when the transaction is created, as it constitutes a sales agreement between the Buyer and the Seller.

2. Conditions of Use

You accept and acknowledge the following conditions to access and use of the Platform and any Services:

You are over the age of 18;

You only use the Platform and Services for lawful purposes and not for Prohibited Transactions; and you represent that you have the capacity to form a binding contract in your jurisdiction;

You have the authority to bind any business on behalf of which you use our Platform;

You register a Trustap Account;

You have the necessary equipment and access to the internet;

You must provide us with accurate personal and contact information and not share your personal information with other Customers;

You will only represent yourself and will not create false aliases or impersonate any other person or entity (with or without their consent) in connection with the Platform;

You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing or using this Platform or the Services.

3. Registration & Accounts

You accept and acknowledge the following conditions to access and use of the Platform and any Services:

To access the services, you will need to register a Trustap Account by providing the information requested on the Platform (including full name, email address and date of birth) and creating a password.

You consent to the use of this information to create your Trustap Account in accordance with our Privacy Policy and acknowledge that we rely on the information provided by you during the registration process being true, accurate, current and complete.

You agree to provide all information and documents we need from time to time so we can verify your identity and/or your bank account and so we may comply with our legal obligations to combat financial crime, including money laundering and fraud. We may use third-party data services that specialize in customer due diligence services to verify your identity. You also authorize us to hold your information, including your browsing and activity history, so we may perform ongoing monitoring of the Services and your behaviours when using Trustap to comply with our legal and regulatory obligations.

If we are unsuccessful in receiving satisfactory information for us to verify your identity at the point of registration, we reserve the right to refuse to register your Trustap Account and prevent you from gaining access to the services. We may also have obligations to report such activity to governmental agencies and we do not require your consent to do so.

If you are provided with a username and password to access the Platform, it is your responsibility to keep your username and password secure (Security Details). You indemnify us for any loss or damage we suffer as a result of your fraudulent use of your Trustap Account including you knowingly sharing your Security Details with a third party for the purposes of fraud. You must take all reasonable steps to avoid the loss, theft or misuse of the Security Details.

You warrant and represent that any information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.

We may suspend your use of the Services if:

1. We have reasonable concerns about the security of the Trustap Account;
2. We are unable to confirm your identity or there is a potential risk of financial crime as part of our ongoing monitoring process;
3. We suspect the Services are being used in a fraudulent or unauthorised manner, or
4. We need to deal with technical problems or make minor technical changes.

We will notify you of any such suspension in advance, or immediately after if this is not possible, unless we have detected a problem which is urgent or an emergency. We will provide you with the reasons for the suspension, unless to do so would compromise reasonable security measures or otherwise be unlawful. We will lift the suspension and, where appropriate, issue new Security Details free of charge as soon as practicable once the reasons for the suspension cease to exist.

We cannot be held liable for any delay to the Services if we require to make an urgent change or deal with an emergency that may affect the security of our Platform, although we will at all times comply with our regulatory obligations to complete a Payment Transaction.

We may change the Platform on regular intervals to reflect changes in relevant laws and regulatory requirements, to implement minor technical adjustments and improvements, for example to address a security threat or otherwise to enhance the Services we provide through the Platform. These changes should not affect your access to or use of the Platform or Services. If we make more significant changes to the Platform or the Services, we will use our reasonable endeavours to inform you by email or by posting information on our website and may make changes to these terms to reflect such changes.

4. Other Service Providers

Stripe

Users of Trustap are subject to the Stripe Connected Account Agreement. The type of agreement will be determined by a combination of the users country of residence and the Trustap partner site they registered from. Users can refer to the profile section of their Trustap account to determine the type of service agreement they are subject to.

For users that are subject to the Full Service agreement, the following terms apply:

Payment processing services for users on Trustap are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a user on Trustap, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Trustap enabling payment processing services through Stripe, you agree to provide Trustap accurate and complete information about you and your business, and you authorise Trustap to share it and transaction information related to your use of the payment processing services provided by Stripe.

For users that are subject to the Recipient Service agreement, the following terms apply:

Trustap use Stripe to make payouts to users. The Stripe Recipient Agreement applies to your receipt of such Payouts. To receive payouts from Trustap, you must provide Trustap accurate and complete information about you and your business, and you authorise Trustap to share it and transaction information related to your payout with Stripe.

Aftership

Delivery tracking services for buyers and sellers on Trustap are provided by Aftership and are subject to the Aftership Privacy Policy & Terms (collectively, the “Aftership Privacy Policy and Terms”). By agreeing to these terms or continuing to operate as a buyer or seller on Trustap you agree to be bound by the Aftership Services Agreement, as the same may be modified by Aftership from time to time. As a condition of Trustap enabling delivery tracking services through Aftership, you agree to provide Trustap accurate and complete information about you and your business, and you authorise Trustap to share it and transaction information related to your use of the delivery tracking services provided by Aftership.

5. Transactions

Either party may start a Transaction. The Customer receiving the Payment Transaction shall be the Seller (“Seller”), the Customer making the Payment Transaction shall be the Buyer (“Buyer”). To initiate a Transaction, a Customer must log into their Trustap Account, or, if the Customer does not have a Trustap Account, register a Trustap Account (as set out in paragraph 2). Once you have logged into your Trustap Account and you have confirmed the details of the Transaction (including the Transaction value, details of the transaction and the contact details of the counterparty to that Transaction (“Counterparty”)), a unique alphanumeric code will be generated that you can then send to the counterparty so that they can join the transaction. In order to join a transaction, the Counterparty shall be required to log into their Trustap Account or, if the Customer does not have a Trustap Account, register a Trustap Account (as set out in paragraph 2). Once all the details have been confirmed as correct, the Buyer transfers the funds, including the Trustap fee, to the Trustap Hold. The Funds will be debited from the Buyer’s Account and transferred to the Trustap Hold, identifiable by the Transaction ID. Once the Buyer has authorised the Payment Transaction, it cannot revoke that consent and the Funds will not be released until the transaction has been completed. Both parties will always be able to check the progress of the transaction by clicking on the relevant transaction in the “My Transactions section”. Once the item has arrived and the Buyer is happy not to complain within the 24-hour time limit, the funds will be automatically released from the Trustap Hold. No interest will accumulate on the funds while they are in the Trustap Hold, as the account is managed by Stripe. However, a Maintenance Fee may be charged for any unclaimed Funds as set out in paragraph 5.6. We do not require, but strongly recommend that the Seller keeps records of any Transaction in case of a Transaction dispute (such as photographs to act as proof of delivery or completion of services). The Funds remain in the Trustap Hold on behalf of the Buyer from the receipt of the Funds until the transaction is completed. Trustap reserves the right to deem a transaction complete or still in progress whenever necessary. Upon the completion of a transaction, the Payment is automatically executed. Once the Payment is executed the Funds remain in the Trustap Hold on behalf of the Seller. The funds are transferred automatically to the Seller’s Account, subject to delays depending on the need for and the results of anti-money laundering, counter terrorist financing or anti-fraud checks. You will get an indication of the anticipated time for the completion of the Transaction by checking the relevant transaction status. We will endeavour to notify you of any delays, and cannot be liable for any delays caused by any third-party service providers used as part of the transfer of the Funds to the Seller. We reserve the right to conduct customer due diligence checks on the Seller and/or the Buyer at any time. In the event that the Seller and/or the Buyer do not pass the checks, the Funds will not be transferred until all the checks have passed in accordance with applicable law. Depending on the result of the checks, the Funds may be transferred to a third party (including but not limited to a governmental asset recovery agency).

Payment & Fees

Payments, done through Stripe Connect, must be made in advance by credit card, debit card or any other payment method specified on the Platform. Surcharges may apply for certain payment methods, including charges from your own card issuer. We shall charge you fees as listed below. We reserve the right to change these at any time, by providing you notice pursuant to paragraph 13.4.

Buyer Protection Fee

The Buyer Protection fee applies to all Trustap transactions made through the platform or the App, and to certain transactions made through partner platforms*. It is calculated and added to the total amount of the transaction before the payment is submitted by the Buyer. The standard Buyer Protection fee rates are available in our Help centre article What are the Fees?
** A Custom Buyer Protection fee may apply to transactions made through partner platforms

The Buyer Protection fee is non-refundable.

Seller Fee

The Seller fee is currently available through Partnership agreements only. The Seller fee is a combination of a Trustap fee, a Fixed fee and a Liability Management fee. The total amount of the Seller fee depends on the subscription plan selected.

The standard WooCommerce checkout plugin subscription plan rates are available on the WooCommerce checkout plugin page of the platform.

The Seller fee is non-refundable.

The Seller fee is deducted from the payout amount once the transaction is completed, at the time of the transfer of the funds to the Seller. If a transaction is refunded, the Seller fee cannot be deducted from the payout amount. In these cases, the Seller will be issued an invoice for all the Seller fees due at the next billing period.

Note: We also have technical support for splitting transaction fees between the Buyer and the Seller if required.

International Transaction fee

An international transaction is defined as a transaction whereby the Buyer’s payment is processed from a different economic region than of the merchant or Seller they are transacting with.

International Transaction fee rate: 1.5% of the total amount paid by the Buyer.

In successful international transactions, the Seller bears the cost of the International Transaction fee. The fee is deducted from the payout amount once the transaction is completed, at the time of the transfer of the funds to the Seller.

In refunded international transactions with Buyer Protection fee, the Buyer bears the cost of the International Transaction fee. The fee is deducted from the refunded amount before the refund is processed.

In refunded international transactions with Seller Protection fee, the Seller will be issued an invoice for all the International Payment fees due at the next billing period.

Chargeback fees

A Stripe Chargeback fee of 18.45$ applies to all chargebacks and is deducted from the Seller’s next payout amount. The Stripe Chargeback fee is non-refundable, regardless of the outcome of the chargeback response.

Furthermore, there will be a €30 charge for chargebacks exceeding your WooCommerce checkout plugin subscription plan’s allowance, as detailed on the platform.

Cancelling a Transaction

Once the Funds have been deposited into the Trustap Hold, if the Transaction has not been completed, or as otherwise agreed/set by the parties on the Platform, the Buyer may lodge a complaint via the Platform. The Seller shall be notified of such Buyer request and, should the refund be agreed by both parties, a refund Payment Transaction shall be initiated and the Funds shall be returned to the Buyer. We reserve the right to charge any administrative fees or other charges for a cancellation (Cancellation Fees). Both parties can mutually agree to cancel a transaction if the item hasn’t been posted yet, the Trustap fee will be non-refundable however.

Consumer Protection – Sellers terms, cancellation, refunds and returns

When you are a Buyer in a Transaction and you are an individual not engaged in conduct related to your trade, business, you are a consumer. A Seller shall be required to comply with the minimum requirements of the consumer regulations in the Seller’s own jurisdiction in respect of cancellations, refunds and returns. If the Seller is within the UK or European Union (“EU”), you as a consumer will be protected by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Rights Act 2015 and any applicable EU consumer protection legislation that is directly applicable or applied through national legislation.

Currency Conversion

Trustap does not provide a currency conversion service and any conversion service will be provided by your third-party payment service provider or Stripe when transferring funds to and from your Account.

Customer Information

For each Transaction, you will be able to access all the following information in your Trustap Account, as available and applicable:

1. The unique alphanumeric code for any transaction that has started and information on the other party to the Transaction including a brief description of the item in question and the delivery service used if applicable;
2. The status of the Transaction;
3. The total amount, and the currency of, the Funds standing to the credit of the Trustap Hold relating to the Transaction in question;
4. The Fees, Maintenance Fees and other charges for the Payment Transaction and, where applicable, a breakdown of these payable by you;
5. The date of receipt of the payment order.

6. Liabilities And Liability For Invalidated Payments

To the extent permitted by law, we are not liable to you, except:

1. As a direct consequence of our fraud;
2. For death or personal injury caused by us as a result of our negligence (or any other act or omission caused by our negligence that cannot be excluded by law).

Subject to the rest of this paragraph 6 we are not liable for:

1. Any loss of profit, business, contracts, revenue or anticipated savings;
2. Any special, indirect or consequential damages.

6.1 Unauthorised and incorrectly executed Transactions

As a Buyer, except where you have acted fraudulently, you will not be liable for losses incurred in respect of an unauthorised Payment. We will assume that all Payments are authorised by you unless you notify us otherwise. If you believe you did not authorise a particular Payment or that a Payment was incorrectly carried out, you must contact us as soon as possible, and in any case, no later than 13 months after the amount of the Payment Transaction has been deducted from the Account. .

Except where we are not liable for an unauthorized Payment (for example, if we obtained liability protection from the card issuer) or an incorrectly executed Payment, we will refund without undue delay the amount of the Payment and any associated fees payable under the Terms subject to the rest of this paragraph. We may require you to complete a dispute declaration form. We may conduct an investigation either before or after any refund has been made. We will let you know as soon as possible the outcome of any such investigation. If you are a consumer or a micro-enterprise, we will only conduct an investigation after we have refunded you unless we have prima facie evidence that we should not be making the refund. .

6.2 Invalidated Payments

If you are a Seller, you are liable for all claims, expenses, fines and liability we incur arising out of:

1. A chargeback, refund, over-payment, payment error, or other invalid payment you cause (collectively Invalidated Payment);
2. Any error, negligence, misconduct or fraud by you, your employees, or someone acting on your behalf;
3. Any losses resulting from your failure to comply with the terms of this Agreement.

In the event of an Invalidated Payment or other liability, you authorise us to collect from you any amount due pursuant to these Terms by retrieving the funds from the bank account associated with your account, by charging any other active payment method associated with your account, by withholding the amount due from your future Payout(s), or by issuing you with an invoice payable within 30 days.

7. Payout details

Your personal details, payout method and identity documents must be up to date at all times if you intend to transact on our platform as a seller. We are not responsible for any loss suffered by you as a result of incorrect personal and/or payout information provided by you.

In the case where personal and/or payout details and/or identity documents are not up to date, funds may not be released to a users bank account. In the event that personal and/or payout details and/or identity documents are not provided 90 days from the point of completing a transaction, we may be forced to remove the balance of this transaction from your account, as requested by our regulators, and you will be unable to withdraw these funds.

We may temporarily place a hold, suspend, or cancel any Payout for the purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity or where applicable the identity of your representative(s) or beneficial owner(s), or to obtain or verify requested information.

8. Notices & Communication

You can contact Trustap via the contact us pages on the Platform. Alternatively, you can contact Trustap by email support@trustap.com. Trustap will contact you by using your email address, telephone number or residential address. All communications with respect to the Services will be in English. Notices regarding changes to these Terms or the termination of these Terms will be made in writing including by sending you an email or a PDF document The language of the Terms is English and any translation provided is for information purposes only.

9. Termination

You may terminate these Terms at any time by contacting us. Notwithstanding the termination, any ongoing Transactions will continue in accordance with these Terms until completed unless the parties agree otherwise. We may terminate these Terms, your right to access the Platform and Services, for any reason and at any time by giving you two months’ notice in writing. Upon termination of these Terms, and provided that these Funds are not held in relation to a Dispute or otherwise required by law, we shall repay the Funds to the party who is a Buyer in a Transaction. The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.

Cooling-off – If you are a consumer:

You hereby request immediate performance of these Terms for the provision of the Services and acknowledge that you will lose your statutory right of withdrawal from these Terms once the initial service is fully performed. Nevertheless, you retain your right to terminate these Terms pursuant to the rest of this paragraph 8.

10. Disputes, Refunds and Returns 

10.1. Overview

Role of Trustap

Although Trustap takes on the role of Merchant of Record (MoR), Trustap does not buy or sell items directly and does not manufacture, store, or inspect any items sold through its services. Trustap acts as a neutral intermediary, facilitating the transfer of funds between buyers and sellers and governing the resolution of transaction disputes within the scope of this policy. 

Application of Trustap Buyer Protection

Trustap Buyer Protection applies to transactions where the buyer has paid the Buyer Protection fee, as clearly indicated during the checkout process. This fee will be listed as a separate line item at the time of payment.

Dispute types

Trustap categorises disputes into two types:

• Pre-fulfilement Disputes (“Order issues”)

Trustap governs the resolution of Order Issues in all transactions, regardless of whether Trustap Buyer Protection applies to the transaction.

• Post-fulfilement Disputes (“Complaints”)

Trustap governs the resolution of Complaints only in transactions with Trustap Buyer Protection.

Dispute coverage

• Transactions Without Trustap Buyer Protection

For transactions where Buyer Protection does not apply, Trustap will only govern the resolution of the following Order Issues (refer to section 10.4.1 for more details):

• Item was not sent or exchanged
• When the item is a service: Service delivery was started, but not completed by the due date
• Item was lost in transit
• Delivery was refused

Complaints (Post-fulfilement Disputes) must be resolved directly between the buyer and the seller. Trustap assumes no responsibility for their resolution.

• Transactions With Trustap Buyer Protection

For transactions where Buyer Protection applies, Trustap governs the resolution of the following disputes:

• Order issues (section 10.4.1):
  • Item was not sent or exchanged
  • When the item is a service: Service delivery was started, but not completed by the due date
  • Item was lost in transit
  • Delivery was refused
• Complaints (section 10.4.2):
  • Fulfilment-related complaints (10.4.2.1):
    • Item was incorrectly confirmed as handed over by the seller 
    • Item was damaged in transit 
    • Item was delivered to the wrong address (excluding buyer errors) 
  • Item-related complaints (section 10.4.2.2)
    • Item does not match the description (including defective or counterfeit item and poor service quality)

Refunds approved by the seller or merchant for any reason are also covered.

When our Dispute Policy applies

A Buyer who entered into a transaction via Trustap with Trustap Buyer Protection may initiate a dispute according to the dispute process outlined in section 10.3 under the following conditions:

• Order Issues: the order has not been confirmed as fulfilled yet, and the buyer believes that there is an issue with their transaction.
• Complaints: the “complaint period” (10.2) has not yet expired, and the Buyer believes the Seller or Courier failed to meet their obligations.

The dispute process outlined in section 10.3 is essential, as it enables Trustap to automatically pause the transaction and hold the funds during the dispute investigation (10.5). Consequently, disputes will only be considered if the dispute process outlined in Section 10.3 is followed.

Consumer Rights and Seller Responsibilities

• Professional Sellers (Business Transactions)

If the buyer is buying from a seller who is a professional trader:

• The buyer is protected by Trustap Buyer Protection under Trustap’s Disputes and Refunds Policy if they opted for it (either manually or automatically via a partner integration)
• The buyer may have additional protections beyond Trustap’s Disputes and Refunds Policy, as outlined by consumer laws in the seller’s geographical location. In such cases, it is the buyer’s responsibility to contact the seller directly to exercise these rights. The seller is responsible for understanding and complying with all applicable consumer protection laws and regulations.

• Private Sellers (Peer-to-Peer Transactions)

If the buyer is buying from another private individual (non-professional seller), consumer protection laws, including the right of withdrawal, do not apply. In such cases, refund rights are limited to Trustap’s Disputes and Refunds Policy, and no further claims can be made beyond its terms.

Policy Precedence

This policy shall take precedence over any dispute resolution clauses contained in any other contract or agreement governing the Transaction.

10.2 Complaint Period Duration

The complaint period starts when the order is confirmed as fulfilled in the transaction, through any of the following actions: 

• The buyer or the seller confirms the handover (either manually or automatically via an integration on a partner platform) (non-shipped items)
• The Buyer confirms the delivery (shipped items)
• The shipping company confirms the delivery through their API (shipped items)
• Trustap confirms the handover or delivery on behalf of its users, in the following situations:
  • When the users fails to confirm the handover, Trustap Support may contact either the buyer, or the seller, or both, to inquire about the handover. If the user that was contacted remains unresponsive to Trustap Support for more than 48 hours, Trustap may confirm the handover on the user’s behalf.
  • The tracking information available on the shipping company’s tracking website confirms that a successful delivery took place

From the start of the complaint period, the Buyer has 24 hours to file a complaint via the dispute process (10.3), unless specified otherwise on the partner platform when the transaction is managed via an integration on a partner platform.

10.3 Dispute Process

Order issues process (Pre-fulfilement Disputes)

Buyers and Sellers can report order issues. A buyer or a seller who believes that there is an issue with the transaction before the order is confirmed as fulfilled must submit an Order Issue directly from their transaction page or inform Trustap Support via our Contact Form. The message should include a detailed description of the issue. 

Complaints process (Post-fulfilement Disputes)

Only buyers can file complaints. The complaint must be raised within the complaint period (10.2), which usually lasts 24 hours after the order is confirmed as fulfilled (unless specified otherwise by the partner platform managing the transaction).

The buyer must report the issue as follows:

• For transactions carried out on Trustap, the buyer must click on the “File a Complaint” button on the transaction page of their private Trustap account and complete the complaint submission flow before the end of the complaint period. 
• For transactions carried out via a partner platform, the buyer must follow the complaint process made available by the partner platform and complete the complaint submission flow before the end of the complaint period. 

The submitted complaint should include a detailed description of the issue.

The buyer must follow the complaint process. This is essential as the complaint submission will suspend the transaction, allowing Trustap to retain the funds for the duration of the complaint investigation. 

If the Buyer does not adhere to the complaint process, the complaint period will automatically expire, and the funds held by Trustap will be automatically released to the Seller. Consequently, failing to submit a complaint within the complaint period and in accordance with the complaint process, will forfeit any right to a refund under Trustap dispute and Refunds Policy and release Trustap from the obligation to initiate a complaint investigation.

Upon submission of a dispute by a buyer, Trustap Support will start a Dispute Investigation (10.5).

10.4 Dispute Reasons details and Resolution Process

10.4.1 Order issues (Pre-fulfilement Disputes)

Item was not sent (shipped items) or exchanged (non-shipped items)

If the seller doesn’t confirm that the item was shipped or exchanged within 4 days (or otherwise agreed), the buyer can  submit an Order Issue or contact Trustap Support via our Contact Form. 

Once reported, Trustap Support will initiate a dispute investigation (Section 10.5). During the investigation, Trustap may:

• Trustap may contact the seller to understand the delay (but is not obligated to)
• Ask the seller to propose a reasonable shipment/handover date
• Require the seller to provide evidence of the shipment/handover by the proposed date
• Ak the buyer to confirm reception and satisfaction with the item

Resolution process:

Trustap will refund the buyer for the item price and any shipping fee paid in the following situations: 

• The seller accepts the dispute
• The seller does not propose a reasonable shipment/handover date
• The seller fails to provide evidence of the shipment/handover by the proposed date

The Trustap Buyer Protection fee is non-refundable. 

Trustap is not liable for any financial loss incurred by the seller when a buyer receives a refund as a result of an item not confirmed as sent or exchanged.

Trustap will release funds to the seller in the following situations:

• The seller proposes a reasonable shipment/handover date and provides sufficient evidence of the shipment/handover by the proposed date, and the Buyer confirms satisfaction with the item (or remains unresponsive for 24 hours (which is the normal complaint period duration)).
• The buyer cancels the dispute or proactively confirms reception and satisfaction with the item

Trustap will revert to section 10.4.2 Complaints in the following situation:

• The buyer confirms dissatisfaction with the item once received

When the item is a service: Service delivery was started, but not completed by the due date

If the seller has started but not completed the agreed-upon service by the due date, the buyer must report the issue by submitting an Order Issue or contacting Trustap Support via our Contact Form. 

Once reported, Trustap Support will initiate a dispute investigation (Section 10.5). During the investigation, Trustap may:

• Contact the seller to understand the cause of the delay.
• Request the seller to propose a new, reasonable service completion date.
• Request evidence from the buyer to support the dispute (e.g., photographs, videos, screenshots, service invoices, quotes, a copy of the service agreement, the seller’s service delivery policy, any form of acknowledgement from the seller that the service is incomplete, relevant expert reports or surveys when applicable).

Resolution process:

Trustap will refund the buyer either part, or all, of the item price in the following situations:

• The seller accepts the dispute
• The seller does not propose a new, reasonable service completion date
• The seller fails to provide evidence of the service completion by the proposed date

In these cases, Trustap will assess, in good faith, whether the buyer benefited from the partially delivered service.

• If the buyer benefited from the partially delivered service: 
  • Trustap will refund the buyer for the portion of the service not completed. 
  • The Trustap Buyer Protection fee is non-refundable.
  •  Funds will be released to the seller for the portion of the service completed.
• If the buyer did not benefit from the partially delivered service: 
  • Trustap  will refund the Buyer for the item price
  • The Buyer Protection fee is non-refundable

Trustap is not liable for any loss incurred by the seller as a result of a partial delivery or late service delivery. 

Trustap will release funds to the seller in the following situations:

• The seller proposes a reasonable service completion date, provide sufficient evidence of the service completion by the proposed date, and the buyer confirms satisfaction with the completed service (or remains unresponsive for 48 hours).
• The buyer proactively confirms satisfaction with the service or cancels the dispute.

Trustap will revert to section 10.4.2 Complaints in the following situation:

• The buyer confirms dissatisfaction with the fully completed service.

Item was lost in transit

Trustap defines a package as “lost in transit” if there is no tracking movement for 10 days for domestic orders or 21 days for international orders. The buyer must report the issue by submitting an Order Issue or contacting Trustap Support via our Contact Form. 

• Upon receiving the report, Trustap will check the tracking details associated with the transaction. 

Resolution process: 

If the package meets the criteria for “lost in transit”:

•  Trustap will refund the Buyer for the item price and any shipping fees paid
• The Buyer Protection fee is non-refundable

If only part of an order was lost, and if Trustap judges that the buyer can benefit from the part of the order that was received, Trustap will refund the buyer for the lost part of the order and release funds to the seller for the part of the order that was successfully received.

If the package does not meet the criteria for “lost in transit”:

• Trustap will keep the funds on hold until the delivery is confirmed or until the package meets the criteria for “lost in transit”
• Trustap may advise the seller to contact the courier to resolve the issue

Trustap is not liable for any financial loss incurred by the seller or the buyer due to a delayed delivery or a lost package.

Delivery was refused

If a buyer refuses delivery of an item, they must report the issue by submitting an Order Issue or contacting Trustap Support via our Contact Form. 

• Trustap will review the tracking updates associated with the transaction.

Resolution process: 

Trustap will refund the buyer for the item price in the following situations: 

• The seller accepts the dispute
• The tracking details associated with the transaction are valid and confirm that the delivery was refused and the package is being returned to the sender
• The tracking details associated with the transaction are invalid and the seller cannot provide valid tracking details

Shipping fees and the Trustap Buyer Protection fee are non-refundable. 

If only part of an order was confirmed as refused, and if Trustap judges that the buyer can benefit from the part of the order that was received, Trustap will refund the buyer for the refused part of the order and release funds to the seller for the part of the order that was successfully received.

Trustap is not liable for any financial loss incurred by the seller due to a refused delivery.

Trustap will release funds to the seller in the following situations:

• The buyer cancels the dispute. 

Trustap will revert to section 10.4.2 Complaints in the following situations:

• The tracking details associated with the transaction are valid and show a successful delivery event, but the buyer maintains the dispute

10.4.2 Complaints 

10.4.2.1 Delivery/handover Issues

Item was incorrectly confirmed as handed over by the seller (non-shipped items)

Trustap defines a handover as “successful” when the item is successfully transferred from the seller to the buyer, and accessible to the buyer.

In transactions involving non-shipped items, if the buyer disputes the successful handover of the item, the buyer must file a complaint (10.3) within the designated complaint period (10.2). 

Once a complaint is filed, Trustap Support will initiate a dispute investigation (10.5). During the investigation, Trustap may: 

• Request the seller to provide evidence of the successful handover (for example, a signed receipt(including digitally signed receipts), photos or videos of the exchange, communication with the buyer confirming the handover, order delivery confirmation notification, order management platform logs, etc…)

Resolution process: 

Trustap will refund the buyer for the item price in the following situations: 

• The seller accepts the complaint
• The seller cannot provide sufficient evidence of the successful handover

The Buyer Protection fee is non-refundable

Trustap is not liable for any loss incurred by the seller due to a refund issued as a result of a disputed handover that lacks sufficient supporting evidence

Trustap will release funds to the seller in the following situations: 

• The seller provides sufficient evidence
• the buyer subsequently confirms reception of the item or cancels the complaint.

Item damaged in transit

If the item is visibly damaged at delivery, the buyer must refuse the delivery and immediately report the issue to Trustap by submitting an Order Issue or contacting Trustap Support via our Contact Form. If the buyer is unable to refuse the delivery for any reason, the buyer must file a complaint (10.3) within the designated complaint period (10.2). 

Once a complaint is filed, Trustap Support will initiate a dispute investigation (10.5). During the investigation, Trustap may:

• Review tracking details to determine if the damage is documented
• If tracking does not indicate damage, request the buyer to provide evidence, including:
  • Photos of the damaged item from multiple angles.
  • Photos of the packaging, clearly showing the shipping label, barcode, and tracking number.
• Request the Buyer to complete a Damage Report Form

Resolution process: If the complaint is validated by sufficient evidence:

Trustap will refund the Buyer for the item price and any shipping fees paid in the following situations:

• The seller accepts the complaint
• The buyer provides sufficient evidence of the damage

If only part of an order was damaged, and if Trustap judges that the buyer can benefit from the undamaged part of the order, Trustap will refund the buyer for the damaged part of the order and release funds to the seller for the undamaged part of the order.

The Trustap Buyer Protection fee is non-refundable. 

Trustap is not liable for any financial loss incurred by the seller when the item was damaged in transit. The seller remains responsible for seeking compensation from the shipping provider, in accordance with their claims process and timelines.

Trustap will release the funds to the seller in the following situations:

• The buyer cancels the complaint
• The buyer fails to provide sufficient evidence of the damage

Item was delivered to the wrong address (excluding buyer mistakes) 

In transactions involving shipped items, if the courier confirms delivery but the package was left at an address different from the one provided by the buyer at checkout, the buyer must file a complaint (10.3) within the designated complaint period (10.2). 

Once a complaint is filed, Trustap Support may:

• Review the tracking details to determine if the misdelivery was documented by the courier
• Request the buyer to check with their neighbours to locate the package
• Request the Buyer to complete a Misdelivery Report Form

Resolution process: 

Trustap will refund the buyer for the item price and any shipping fees paid in the following situations:

• The complaint is validated by the information provided by the shipping company
• The seller accepts the complaint

The Trustap Buyer Protection fee is non-refundable.

If only part of an order was confirmed as misdelivered, and if Trustap judges that the buyer can benefit from the part of the order that was received, Trustap will refund the buyer for the misdelivered part of the order and release funds to the seller for the part of the order that was successfully received.

Trustap is not liable for any financial loss incurred by the seller when the item was delivered to the wrong address (excluding buyer errors). The seller remains responsible for seeking compensation from the shipping provider, in accordance with their claims process and timelines

Trustap will release the funds to the seller in the following situations:

• The buyer cancels the complaint or subsequently confirms that they received or found the item
• The tracking details do not document the misdelivery

10.4.2.2 Item Issues

Item does not match the description (including defective or counterfeit item and poor service quality) – “Product Not as Described”

Sellers are responsible for ensuring that the Item they send or hand over accurately matches the listing description and illustration. Any defects or issues must be clearly disclosed prior to the shipment or handover. If the buyer believes that the item does not match the description made by the seller, the buyer must file a complaint (10.3) within the designated complaint period (10.2). 

Once a complaint is filed, Trustap Support will initiate a dispute investigation (10.5). During the investigation, Trustap may:

• Request evidence from the buyer to support the dispute, including: 
  • Pictures, videos, or screenshots of the item clearly showing the mismatch or defect
  • Order confirmation email, screenshot or copy of the original product listing or service agreement, including any relevant specifications or descriptions
  • A clear explanation of how the item does not match the description
  • Pictures of labels, barcodes, serial numbers, or packaging for verification
  • Any communication with the seller regarding the item
  • For specialised items (including, but not limited to, motor vehicles, electronics, jewelry, artwork, or any service requiring specialised skills), Trustap may require a professional appraisal or expert verification
• Request evidence from the Seller to refute the dispute, including:
  • A screenshot or copy of the original product listing or service agreement, including specifications or descriptions provided by the seller
  • A clear explanation of how the item matches the description
  • Evidence that the buyer was informed of any mismatch, defect, or quality issue and accepted the transaction despite it
  • For specialised items (including, but not limited to, motor vehicles, electronics, jewelry, artwork, or any service requiring specialised skills), a professional appraisal or verification from an expert may be required

Resolution process: Trustap will evaluate the evidence provided by both parties on a case-by-case basis, striving to reach a fair and impartial decision for both the buyer and seller. If the complaint is deemed valid: 

• • If the item can be returned: 
    • Trustap may require the buyer to return the item to the seller before issuing a refund (10.6)
    • Once the return conditions are met (10.6), Trustap will refund the Buyer for the item price and any shipping fees paid. 
    • The Trustap Buyer Protection fee is non-refundable.

• If the item cannot be returned (custom-made items, all services (including digital services), and items that cannot be returned for technical or hygienic reasons outside of the buyer’s control): 

• • Trustap will determine, in good faith, whether the buyer can derive any benefit from the item received.
  • If the buyer can still partially benefit from the item:
    • Trustap will refund the buyer for a percentage of the item price and any shipping fees paid, based on the situation and our best judgment.
    • The Trustap Buyer Protection fee is non-refundable.
    • The remaining funds will be released to the seller.
  • If the buyer cannot derive any benefit from the item: 
    • Trustap  will refund the Buyer for the item price and any shipping fee paid
    • The Trustap Buyer Protection fee is non-refundable

• In the specific situation where the item is determined to be counterfeit, and the fact was not disclosed to the buyer before the shipment or exchange:

• Trustap will refund the buyer for the item price and any shipping fee paid 

• The Trustap Buyer Protection fee is non-refundable

• • The Buyer will not be required to return the counterfeit item
  • Trustap reserves the right to temporarily or permanently suspend the account of sellers of counterfeit items.

Trustap defines a counterfeit item as any item that has been illegally replicated, imitated, reproduced, or manufactured, or that is falsely represented by the seller as being made, authorised, or endorsed by a legitimate brand. This includes unauthorised replicas, fake branded goods, and items that use protected trademarks, logos, or packaging without proper authorization. 

Except in situations where the item is determined to be counterfeit, the complaint will be deemed invalid if Trustap determines that the Item has been tampered with, used, modified, or altered by the buyer in any way.

Trustap is not liable for any loss incurred by the seller or merchant when the item was determined to be “Not as Described”. 

10.5 Dispute Investigation and Outcome

10.5.1 Investigation

When a buyer files a dispute on a transaction with Trustap Buyer Protection, Trustap initiates a dispute investigation. Trustap may contact the buyer and the seller via email to request additional information and evidence, as detailed in each dispute reason section (10.4). This may include business agreements, quotes, images or videos relative to the transaction, proof of recorded or courier delivery, expert statements, police reports, door camera footage, and/or any correspondence or other documentation related to the transaction. For disputes involving courier-delivered items, Trustap may also reach out to the courier for verification.

Trustap does not cover the cost of obtaining the requested evidence and does not facilitate its collection.

For transactions initiated through a partner platform, Trustap Support may consult the platform for assistance in the investigation. In certain cases, Trustap may delegate the dispute resolution process to the platform itself, provided the platform is neither the Buyer nor the Seller in the disputed transaction.

If the buyer claims that the item received is “Not as Described” for a transaction conducted via a partner platform, Trustap will refer to the platform’s terms of service and supporting documentation when assessing the claim. A final decision will be made in good faith based on the available evidence and documentation. 

Both the buyer and the seller are expected to actively cooperate during the dispute process. Failure to respond within 48 hours of being contacted by Trustap will be interpreted as final acceptance of the opposing party’s claim.

While Trustap aims to resolve disputes promptly, each party will be given a fair and reasonable period to collect and provide their supporting evidence. Both the buyer and the seller acknowledge and agree that the complaint investigation may take up to 7 days to complete, and that the payment amount will be retained by Trustap during the entire investigation. No refund to the buyer or release of funds to the seller will be processed until the investigation is concluded.

If a buyer initiates a chargeback through their payment provider, Trustap will close its internal dispute investigation and handle the matter directly with the payment provider. If the chargeback is decided in Trustap’s favour, the buyer will not be eligible for a refund.

10.5.2 Outcome

Independent resolution: In certain situations, the buyer may have the ability to cancel their complaint independently. Similarly, the seller may have the ability to accept the complaint independently. It is expressly understood that: 

• If the buyer cancels the complaint independently, the payment will be sent to the seller automatically. The buyer therefore waives any right to a dispute investigation.
• If the seller accepts the complaint independently, the item price will be refunded to the buyer automatically (the Buyer Protection fee however, is non-refundable). The seller therefore waives any right to a dispute investigation.

Consequently, the transaction will be definitively concluded without any possibility of opening a further dispute for the same item. 

Trustap Arbitration: Except when independent resolution was used by the buyer or the seller, Trustap reserves the right to arbitrate and decide which party is liable for the dispute at the end of the investigation. The decision made by Trustap is final, and both the buyer and the seller agree to respect Trustap’s decision.

Automatic dispute resolution in favour of the buyer: The seller’s failure to respond to the Trustap Support Team for more than 48 hours during the dispute investigation will result in an automatic and final resolution of the dispute in favour of the buyer, unless an extraordinary timeframe extension is explicitly granted by Trustap. 

Automatic dispute resolution in favour of the seller: The buyer’s failure to respond to the Trustap Support Team for more than 48 hours during the dispute investigation will result in an automatic and final resolution of the dispute in favour of the seller, unless an extraordinary timeframe extension is explicitly granted by Trustap.

Outcome Announcement: Once Trustap determines an outcome, both parties will be informed of this outcome by email. In the event of a dispute being resolved in favour of the buyer, a return of the product to the seller may be required before a refund can be initiated (10.6).

Account suspension: Trustap retains the right to suspend, either temporarily or permanently, any account that is found to be abusing or misusing the platform or acting in a manner that is inconsistent with the principles of fairness and good faith.

10.6 Returns

When the complaint reason was identified as ”Item Not as Described” by Trustap, except in situations where the object of the transaction was a service, the buyer must return the item to the seller before the refund can be processed by Trustap. 

The buyer must initiate the return within five working days. If the buyer does not initiate the return within 5 working days, the complaint will be resolved in favour of the seller. This decision is final, and the complaint cannot be reopened. 

The buyer will bear the cost of the return unless agreed otherwise with the seller or specified otherwise by the partner platform managing the transaction. Unless explicitly agreed as part of a partnership agreement, Trustap does not facilitate the return, does not offer conditions for the return, and does not cover the costs of returning the item. 

The buyer is advised, but not obligated, to use tracked shipping services for the return of the item and to share the return shipment tracking number with the seller and Trustap. 

• When tracked shipping is used, the shipping and delivery information provided by the shipping company will be deemed accurate unless evidence to the contrary is provided to Trustap by the seller. The seller is required to contact Trustap Support via our Contact Form to report any issue with the returned item within 24 hours of the delivery confirmation timestamp. If the seller does not contact Trustap within this timeframe, the complaint will be closed in favour of the buyer and the refund will be processed. This decision cannot be reversed or appealed. 
• If the buyer chooses to use untracked postal services, the buyer will bear liability for the item until the seller confirms reception of the returned item (or remains unresponsive to Trustap Support’s attempt to confirm reception of the returned item for more than 48 hours).

If the Seller reports an issue about the returned Item by contacting Trustap Support via our Contact Form before the refund is processed, Trustap will investigate the issue and make a final decision.

10.7 Additional terms related to the sale and purchase of digital items

Disclosing risks: Sellers are solely responsible for disclosing any known risk associated with the digital item. Failure to disclose a known risk will result in the buyer’s dispute being treated as a “Product Not as Described” complaint. 

Downloading or accessing the item:

• Sellers of digital items are responsible for ensuring that buyers can successfully download or fully access (in the case of non-downloadable content) their purchased items. Sellers must provide reasonable assistance to facilitate a successful download and/or first-time login.
• Both buyers and sellers are required to respond to each other and cooperate actively within 48 hours. If either party remains unresponsive or uncooperative for more than 48 hours, the dispute will be resolved in favour of the other party, and funds will be released accordingly. All dispute resolutions are final.
• A seller’s responsibility for item access ends once the buyer has successfully downloaded or logged in at least once unless the seller fails to disclose a known risk associated with the account. 

Refund eligibility: Refunds are not available once the buyer has accessed and modified the digital item, as it cannot be returned to the seller in its original state anymore (unless the seller fails to disclose a known risk associated with the account).

Item maintenance:

• Sellers are responsible for maintaining the quality of their digital items over time. However, digital services related to marketing campaigns (e.g., digital platform accounts or engagement) cannot reasonably be maintained indefinitely. The seller’s obligation concludes once the agreed digital marketing campaign objective has been met, and unless the seller fails to disclose a known risk associated with the item, neither the seller nor Trustap can be held liable for any subsequent decline in quality or quantity over time.
• Buyers are responsible for securing their digital items once accessed. Sellers are not liable for any loss, deletion, or corruption of the digital item after successful download or login by the buyer.

11. Complaints and ADR

If you are not satisfied with the Services, tell us first by contacting us on support@trustap.com so we can try to resolve the issue. We will promptly send you a complaint acknowledgement and a copy of our Complaints Procedure. You may also request a copy of our Complaints Procedure at any time. Details of our Complaints Procedure can also be found on the Platform in the FAQ’s section. You agree to cooperate with us and provide the necessary information for us to investigate and resolve the complaint as quickly as possible. We will investigate all complaints fairly and will attempt to resolve any complaint as promptly as possible in accordance with our regulatory obligations. You may receive a summary resolution from us where we are able to provide an agreed resolution within 3 Business Days from the complaint, or in all other cases you will receive our final response within 8 weeks from receipt of the complaint. We are a “trader” for the purposes of national legislation implementing Directive 2013/11/EU (ADR Law) and an “online trader” for the purposes of Regulation (EU) No 524/2013 and national implementing legislation (ODR Law). The FOS is the only “ADR entity” that we are legally obliged and committed to use in order to resolve disputes with consumers for the purposes of ADR Law. We do not agree to resolve disputes with consumers using any other ADR entity or similar entity. The European Commission’s online dispute resolution (ODR) platform could be used to resolve disputes between us and consumers. However, as Stripe are the authorised payment institution and we are acting on their behalf, all complaints should be directed in the first instance to us and if necessary to the FOS pursuant to paragraphs 10.1 to 10.3. We do not agree to resolve disputes with consumers using any other ADR entity or similar entity for the purposes of ODR Law.

12. Privacy Policy & Cookie Policy

You accept our Privacy Policy and Cookie Policy and agree that you will not do anything that shall compromise our compliance with the Privacy Policy and Cookie Policy nor do anything contrary to the Privacy Policy or Cookie Policy insofar as your use of the Website is concerned. We may amend the Privacy Policy and Cookie Policy without notice and at our absolute discretion, and by continuing to use the Website you accept such changes.

13. Force Majeure

We are not liable for any breach of the Terms where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to our legal obligations.

14. General

Questions

If you have any questions regarding these Terms, please refer to our FAQ’s. If you cannot find an answer to your question, please contact us by email at support@trustap.com.

Duration

The Terms are a framework contract of indefinite duration for the purposes of the Payment Services Regulations 2009.

Assignment

We may assign or otherwise transfer our rights under these Terms by giving you two months’ written notice. You may not assign or otherwise transfer your rights under these Terms without our prior written consent.

Changes

We may update or modify these Terms of Service from time to time to reflect changes in our services, legal requirements, or business practices. If we make any material changes, we will notify you by email before the changes take effect. If you do not agree to the updated terms, you may close your account before the effective date of the changes. Your continued use of our services after the effective date constitutes your acceptance of the updated terms.

Severability

Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable. These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.

Governing Law

The Terms, and your relationship with us arising out of or relating to the Terms, will be governed by Irish law. However, if you are a consumer and resident outside Ireland, the law governing the Terms will be deemed to include any such consumer laws of the jurisdiction in which you reside (“Home Jurisdiction”) that provide greater consumer protection than is available under Irish law.

Jurisdiction

All disputes arising out of or relating to the Terms shall be subject to the exclusive jurisdiction of the Irish courts. However, if you are a consumer and resident outside Ireland, you may petition the courts of your Home Jurisdiction in addition to the Irish courts.