Failed Delivery & Compensation Policy

This Failed Delivery & Compensation Policy (“Policy”) explains what happens if a prize cannot be delivered to a Winner after a competition ends. It should be read together with our Terms & Conditions, International Shipping & Customs Policy, Seller Agreement and Prohibited & Restricted Items Policy.

1) Scope

This Policy covers failed deliveries of physical prizes listed on Zishes, including high-value items (vehicles, luxury goods, premium electronics). It also sets expectations for documentation, timelines, and remedies when delivery issues occur.

2) Responsibilities

• Seller: Ship the prize as described, on time, using a reputable carrier with tracking; provide complete and accurate shipping documents; respond to courier queries; cooperate with reshipment or replacement if at fault.
• Winner: Provide a valid, complete delivery address and contact details; be available to receive; comply with import laws; pay any customs duties, VAT/GST on import, brokerage or clearance fees; promptly respond to courier and customs requests.
• Zishes: Coordinate communications, verify evidence, apply this Policy fairly, and authorize remedies (re-ship, replacement, credits, or goodwill refund where applicable).

3) Proof of Shipment & Risk Transfer

A Seller’s dispatch obligation is met when they provide verifiable proof of shipment (courier receipt and trackable number). In most cases, risk transfers to the Winner at the point of shipment unless local consumer law states otherwise. High-value items must be shipped with tracking and signature on delivery; insurance is strongly recommended and may be required by Zishes for certain categories or geographies.

4) Customs, Duties & Local Restrictions

For international deliveries, the Winner is solely responsible for any import duties, VAT/GST on import, clearance or brokerage fees, and compliance with local import rules. If customs refuses entry or the Winner fails to complete clearance, the delivery may be deemed failed due to Winner actions (see Section 6).

5) When Is Delivery Considered “Failed”?

• Undeliverable: Carrier confirms repeated unsuccessful attempts or invalid address.
• Refused/Unclaimed: Winner refuses to accept or does not collect from depot/customs within the required window.
• Seized/Rejected: Item seized or rejected due to import restrictions or unpaid duties.
• Lost/Damaged in Transit: Carrier confirms loss or damage before delivery is completed.

6) Allocation of Fault & Remedies

A) Winner Fault

Examples: wrong/incomplete address, refusal to accept, failure to pay duties, failure to clear customs, failure to respond to courier/customs within deadlines.

• Outcome: Prize may be forfeited. No cash alternative.
• Discretionary goodwill: Zishes may offer Zish Credits (non-cash, platform-only) as a one-time goodwill gesture.
• Re-ship: Only if Winner prepays all incremental costs (return shipping, re-shipping, storage, customs) and Zishes approves.

B) Seller Fault

Examples: wrong item, defective, incorrectly documented export, shipping prohibited goods, late dispatch without notice, inadequate packaging causing damage, shipping without required tracking/signature where mandated.

• Outcome: Seller must re-ship with corrected documentation or replace with an item of equal or higher value at no additional cost to the Winner.
• Enforcement: Zishes may withhold Seller payout, apply penalties per the Seller Agreement, or cancel the competition with participant credit refunds in severe cases.

C) Carrier Fault (Loss/Damage Confirmed)

• Seller must file the carrier/insurance claim. Upon confirmation, Seller shall re-ship or replace the prize. Insurance proceeds are between Seller and carrier; Winner must not be left without a prize.

D) Force Majeure / Legal Impossibility

Examples: natural disasters, war, strikes, sudden legal prohibitions, sanctions.

• Outcome: Zishes may offer an alternative prize of equal or higher value or Zish Credits equivalent to the prize value. In rare cases and at Zishes’ sole discretion, a goodwill refund may be issued by Zishes (never by the Seller).

7) Remedies Hierarchy (No Cash Alternative Rule)

1. Re-ship the same prize (preferred).
2. Replace with equal or higher-value prize.
3. Issue platform-only Zish Credits of equivalent value.
4. Limited, case-by-case goodwill refund by Zishes if delivery is impossible despite best efforts. Sellers must not pay Winners in cash directly.

8) High-Value Items, DOA & Inspection

• For vehicles and luxury goods, delivery must include documentation (invoice, warranty card, authenticity papers where applicable). Where possible, invoice should name the Winner.
• Dead on Arrival (DOA): Winner must notify Zishes and Seller within 48 hours of delivery with photos/videos. Seller must arrange collection and replacement or repair per manufacturer warranty.
• Insurance: High-value shipments should be insured for full replacement value.

9) Documentation & Timelines

• Seller must provide: tracking ID, courier receipt, export/commercial invoice, packing list, any certificates needed (e.g., CE/UKCA where applicable).
• Winner must provide: accurate address/contact info, any customs IDs required (e.g., tax ID), and timely responses to courier/customs queries.
• Issue reporting windows: Non-receipt or delivery disputes should be raised within 7 days of the last tracking update or expected delivery date; damage/DOA within 48 hours of receipt.

10) Address & Recipient Changes

After dispatch, address or recipient changes require Seller and carrier approval and may incur extra costs payable by the Winner. Third-party pick-up is not permitted unless expressly approved by Zishes with enhanced verification.

11) Returns, RTO (Return to Origin) & Storage

• If a package is returned due to Winner actions, the item may be deemed forfeited unless the Winner prepays re-shipping and associated costs and Zishes approves re-dispatch.
• Storage or demurrage fees incurred due to Winner delays are the Winner’s responsibility.

12) Fraud Prevention & Misuse

Zishes may suspend payouts, withhold prizes, or freeze accounts where we suspect fraud, identity manipulation, multi-accounting, chargeback abuse, or collusion. Evidence of misuse may result in permanent bans and forfeiture consistent with our Fair Play Policy.

13) Disputes & Escalation

• Step 1: Contact the Seller via the Zishes support channel with tracking evidence.
• Step 2: If unresolved within 5 business days, escalate to Zishes Support with documents/photos. We may request additional verification.
• Step 3: Zishes will determine the applicable remedy per Sections 6–7 and inform both parties.

14) No Seller Cash Payments to Winners

To avoid gambling and financial-services reclassification, Sellers must not make direct cash payments to Winners. Any cash-equivalent remedy, where permitted, is issued solely by Zishes as a goodwill refund in rare cases.

15) Digital Goods & Split Shipments

• For digital entitlements (e.g., activation keys, warranties, ownership transfer documents), delivery is deemed complete when evidence of successful activation/transfer is provided.
• Split shipments may be used where necessary. Each part will have its own tracking and acceptance.

16) Jurisdiction & Consumer Rights

This Policy is applied alongside mandatory consumer protections in applicable jurisdictions. Where local law offers non-waivable rights that conflict with this Policy, local law will prevail to the extent required. Governing law and venue follow our Terms & Conditions.

17) Changes to This Policy

We review and update this Policy periodically. Material changes will be highlighted in the app and/or website. Continued use of Zishes after an update constitutes acceptance of the revised Policy.

Contact

Questions? Contact support@zishes.com or compliance@zishes.com.

Effective date: [Insert Date].