Evergarden Technologies Private Limited
Refund & Cancellation Policy
This Refund & Cancellation Policy ("Policy") forms part of the Evergarden Terms & Conditions and should be read in conjunction with them. This Policy applies to all Buyers and Sellers on the Evergarden Platform (www.evergarden.pro). Defined terms used in this Policy have the same meaning as in the Terms & Conditions.
1. Overview and Philosophy
Evergarden Technologies Private Limited is a digital marketplace connecting independent Sellers with Buyers of digital products. Because digital products are intangible goods delivered electronically, the nature of refunds in the digital marketplace context differs materially from physical goods. Once a digital file is downloaded or access is granted, it cannot be 'returned' in the conventional sense.
Evergarden's refund framework is designed to balance three competing interests: protecting Buyers from defective or misrepresented products; protecting Sellers from bad-faith refund abuse; and maintaining the integrity of the Platform as a trusted marketplace. This Policy sets out precisely when refunds are available, who initiates them, how they are processed, and what happens to the commission.
ALL SALES ON EVERGARDEN ARE FINAL ONCE PAYMENT IS CONFIRMED. No cancellation is permitted after a payment is successfully processed, regardless of whether the Digital Product has been downloaded. Refunds are only available in the specific circumstances set out in this Policy.
2. Order Cancellations
2.1 No Cancellation After Payment
Once a Buyer completes checkout and payment is successfully processed, the order is immediately confirmed and the Digital Product access or download link is generated. At this point, the Transaction is considered final and no cancellation is permitted.
This policy applies regardless of:
- Whether the Buyer has actually clicked the download link or accessed the product.
- Whether the Buyer changed their mind after payment.
- Whether the Buyer accidentally purchased the wrong product.
- Whether the Buyer claims they were unaware of the product details.
Buyers are strongly advised to read the full product Listing, preview materials, and the Seller's stated refund policy before completing any purchase. Evergarden provides product descriptions, previews, and seller information specifically to help Buyers make informed decisions.
2.2 Failed or Duplicate Transactions
In cases where a Buyer is charged but does not receive access to the Digital Product due to a confirmed payment processor error, or where a Buyer is charged twice for the same order due to a technical fault, Evergarden will investigate and process a full refund of the duplicate or failed charge within 7 business days of the confirmed error being reported. Such cases must be reported to contact@evergarden.pro within 7 days of the transaction date with supporting evidence (e.g., bank statement or payment screenshot).
2.3 Seller-Initiated Cancellations
A Seller may cancel and refund an order at their discretion before the Buyer has downloaded the Digital Product. Sellers who cancel orders frequently or in bad faith may have their accounts reviewed and potentially suspended by Evergarden.
3. Refund Eligibility
A refund may be granted to a Buyer only in the following specific circumstances:
3.1 Defective or Non-Functional Product
A Buyer is entitled to request a refund where the Digital Product is defective or non-functional, meaning:
- The product file is corrupted, incomplete, or cannot be opened or accessed with reasonably standard software.
- The product contains critical errors that render it substantially unusable for its stated purpose.
- The download link is broken, expired, or inaccessible and the Seller has failed to provide a working replacement within 48 hours of being notified.
Before a refund is granted on this basis, the Seller will first be required to provide a corrected replacement file or a new working download link. A refund will only be issued if the Seller fails to resolve the issue within 48 hours of Evergarden's notification, or if the replacement provided is also defective.
3.2 Product Materially Not as Described
A Buyer is entitled to request a refund where the Digital Product is materially different from its Listing description, meaning there is a significant and objective discrepancy between what was described and what was delivered. Examples include:
- A software plugin described as compatible with a specific platform or version, which demonstrably does not function on that platform.
- A course described as containing a specified number of hours of content that delivers substantially less without disclosure.
- An eBook or template described as being in a specific format (e.g., editable PSD or DOCX) that is delivered in a non-editable format only.
- A music or audio file described as a full track that is delivered as a short or incomplete clip without disclosure.
Minor differences in style, aesthetic preference, or subjective quality do not constitute grounds for a refund. The product must be objectively and materially different from its description, not merely different from the Buyer's personal expectations.
3.3 Unauthorised Transaction
Where a Buyer reports a purchase that was made without their knowledge or authorisation (for example, due to account compromise or unauthorised use by a third party), Evergarden will investigate the claim. If the claim is substantiated, a full refund will be issued and the matter may be referred to the relevant payment processor and, where appropriate, law enforcement.
Buyers are reminded that they are responsible for maintaining the security of their account credentials. Evergarden will assess unauthorised transaction claims on a case-by-case basis and reserves the right to decline a claim where there is evidence of user negligence or fraudulent intent.
3.4 Statutory Rights — EU and UK Buyers
Buyers located in the European Union or United Kingdom have statutory rights under the EU Consumer Rights Directive (2011/83/EU) and the UK Consumer Rights Act 2015, including a 14-day right of withdrawal from digital content contracts. However, this right of withdrawal is extinguished once the Buyer has given express consent for the digital content to be delivered immediately and acknowledged that their right of withdrawal will thereby be lost.
At the point of purchase, Evergarden will present EU and UK Buyers with a clear acknowledgement confirming that they consent to immediate delivery of the Digital Product and thereby waive their right of withdrawal. Where such consent has been given, no statutory cooling-off period refund will be available.
Where a Seller has not set up the required consent mechanism, or where the consent was not properly obtained, the Buyer's statutory 14-day right of withdrawal may remain intact. In such cases, Evergarden will process the refund and may recover the cost from the Seller.
3.5 Circumstances Not Qualifying for a Refund
The following circumstances do not qualify for a refund under this Policy:
- The Buyer changed their mind after purchase.
- The Buyer accidentally purchased the wrong product.
- The Buyer does not have the technical skills or software required to use the Digital Product, where the required specifications were clearly stated in the Listing.
- The Buyer claims the product did not meet their subjective expectations, where it conforms to its description.
- The refund request is made more than 7 days after the date of purchase.
- The Buyer has already received a replacement product from the Seller that resolves the issue.
- The Digital Product has been resold, redistributed, or used commercially by the Buyer prior to the refund request.
- The product is a personalised or custom Digital Product created specifically for the Buyer, unless it is defective.
4. Refund Eligibility — Quick Reference
The table below summarises the most common refund scenarios for ease of reference.
| Scenario | Eligible? | Time Window | Action Taken |
|---|---|---|---|
| Defective / broken file | Yes | 7 days | Seller provides fix first; refund if unresolved in 48 hrs |
| Product not as described | Yes | 7 days | Evergarden investigates; forces seller refund if upheld |
| Unauthorised transaction | Yes | 7 days | Evergarden investigates; full refund if substantiated |
| Failed / duplicate charge | Yes | 7 days | Full refund of duplicate/failed charge |
| EU/UK withdrawal right | Maybe | 14 days | Refund processed; cost recovered from seller |
| Changed mind | No | N/A | No refund issued |
| Wrong product purchased | No | N/A | No refund issued |
5. How to Request a Refund
5.1 Step 1 — Contact the Seller First
Before raising a refund request with Evergarden, Buyers must first attempt to resolve the issue directly with the Seller through the Platform's messaging system. Many issues — such as a broken download link or a missing file — can be resolved quickly by the Seller without requiring Evergarden's involvement.
When contacting the Seller, please include:
- Your order number and the date of purchase.
- A clear description of the issue.
- Screenshots or evidence of the problem (e.g., error messages, screenshots of the file failing to open).
Sellers are expected to respond within 48 hours of receiving a complaint through the Platform messaging system.
5.2 Step 2 — Escalate to Evergarden
If the Seller does not respond within 48 hours, or if the Seller's response does not resolve the issue, the Buyer may escalate the refund request to Evergarden by emailing contact@evergarden.pro with the subject line 'Refund Request' and including the following information:
- Full name and registered email address on Evergarden.
- Order number and date of purchase.
- The name of the Digital Product and the Seller's username.
- A detailed description of the issue and why a refund is being requested.
- Evidence supporting the claim (screenshots, error messages, correspondence with the Seller).
- Confirmation that you contacted the Seller and a summary of their response.
Refund requests must be submitted within 7 days of the date of purchase. Requests submitted after this window will not be considered, except in cases of unauthorised transactions or platform-level errors, which may be reported within 30 days.
5.3 Step 3 — Evergarden Review
Upon receiving a valid refund request, Evergarden will:
- Acknowledge the request within 2 business days.
- Notify the Seller of the complaint and provide them an opportunity to respond within 48 hours.
- Review all evidence submitted by both parties.
- Issue a decision within 7 business days of receiving all relevant information.
Evergarden's decision on refund eligibility is final and binding within the Platform. Users retain their right to seek independent legal remedies outside the Platform if they disagree with Evergarden's decision.
6. Refund Processing and Timelines
6.1 Refund Method
Approved refunds will be returned to the original payment method used at the time of purchase. Evergarden does not issue refunds via cash, cheque, or alternative payment methods. Where the original payment method is no longer active, Evergarden will work with the Buyer and the payment processor to arrange an alternative method.
6.2 Refund Timeline
Once a refund is approved by Evergarden, the following timelines apply:
- Razorpay and UPI transactions: 5 to 7 business days from approval to credit.
- Credit and debit card transactions: 7 to 10 business days from approval, depending on the Buyer's card issuer.
- Net banking transactions: 3 to 5 business days from approval.
- International payment methods: Up to 14 business days from approval.
6.3 Refund Amount
Where a refund is approved, the Buyer will receive a full refund of the amount paid, including Evergarden's 10% commission. The full purchase price is returned to the Buyer.
Evergarden will recover its commission from the Seller's future payouts. The Seller bears the financial impact of the refund. In cases where the refund arises from a platform-level technical error or an unauthorised transaction that is not attributable to the Seller's fault, Evergarden will absorb the commission cost.
7. Seller Obligations in Relation to Refunds
Sellers are required to comply with all refund decisions made by Evergarden under this Policy. Payouts will be adjusted accordingly. Sellers may also offer a more generous refund policy than the minimum standards set out in this document, provided it is clearly stated in the product Listing.
8. Fraudulent or Abusive Refund Requests
Any Buyer who submits a fraudulent or abusive refund claim may be subject to account suspension or permanent termination. Submitting a false claim may constitute fraud under the Indian Penal Code (Section 420) and other applicable laws.
9. Statutory Consumer Rights
Nothing in this Policy limits or excludes any statutory rights you may have as a consumer under Applicable Law in India (Consumer Protection Act, 2019), the European Union, the United Kingdom, or the United States.
10. Changes to This Policy
Evergarden reserves the right to modify this Policy at any time. Material changes will be communicated to registered Users at least 14 days before taking effect. The updated Policy will be published at www.evergarden.pro/refund-policy.
11. Contact Us
For all refund and cancellation enquiries, please contact: contact@evergarden.pro with the subject line 'Refund Request' — [Your Order Number].