Dispute Resolution Policy
Last Updated: [DATE] | Version: 1.0
1. Purpose and Scope
PakAutoMart (pakautomart.com) operates as Pakistan's first multi-vendor auto parts marketplace, connecting independent Sellers with Buyers across Pakistan. Because PakAutoMart is a platform rather than a direct seller of most goods listed on the marketplace, disputes arising from a purchase are, in the first instance, a matter between the Buyer and the Seller. This Dispute Resolution Policy explains how such disputes are expected to be handled, the role PakAutoMart plays as a facilitator and mediator, and the escalation path available when a dispute cannot be resolved through the marketplace's internal processes. This Policy should be read together with our Terms & Conditions, the Vendor/Seller Agreement, our Return & Refund Policy, our Anti-Counterfeit & Genuine Parts Policy, and our Disclaimer, all of which form part of the contractual framework governing use of the marketplace.
2. The Three-Way Relationship: Buyer, Seller, and PakAutoMart
Every transaction on PakAutoMart involves three distinct parties, each with a different legal role. The contract of sale for any product listed on the marketplace is formed directly between the Buyer and the Seller who lists and fulfils that product, in accordance with the general principles of offer, acceptance, and consideration under the Contract Act 1872, and subject to the implied conditions and warranties set out in the Sale of Goods Act 1930. PakAutoMart is not a party to that contract of sale. Its role is that of an intermediary and facilitator: it provides the technology platform through which Buyers and Sellers discover one another, communicate, transact, and process payments, and it maintains policies intended to promote fair dealing on the marketplace.
Where a dispute arises between a Buyer and a Seller, PakAutoMart may, at its discretion and as a service to both parties, act as a mediator to help the parties reach a resolution consistent with marketplace policies. It is important to understand that this mediating function is administrative and commercial in nature. It is not an adjudicative or judicial function, it does not constitute legal arbitration, and any determination PakAutoMart makes in that capacity is a facilitated marketplace decision rather than a legally binding judgment or arbitral award. Buyers and Sellers remain free to pursue their legal rights against one another independently of any view PakAutoMart may express while mediating a dispute.
3. Step 1: Direct Resolution Between Buyer and Seller
Before involving PakAutoMart, Buyers and Sellers are required to make a genuine, good-faith attempt to resolve any disagreement directly, using the in-platform messaging and order-management tools provided by PakAutoMart. Most disputes concern matters such as delayed dispatch, product condition, part compatibility, pricing discrepancies, or delivery issues, and these are frequently resolved quickly once both parties communicate directly.
A Buyer who is dissatisfied with an order should contact the Seller through the platform within a reasonable period of becoming aware of the issue, and in any event within the timeframes specified in our Return & Refund Policy for raising a return, replacement, or refund request. The Seller is expected to respond substantively within three business days of being contacted. If the Seller and Buyer reach an agreement, either directly cancelling, refunding, replacing, or otherwise resolving the matter, they should record that resolution on the platform so that PakAutoMart's records reflect the outcome. Direct resolution is the fastest route for both parties and is strongly encouraged as the default first step for every dispute, however minor.
4. Step 2: Platform-Mediated Resolution
Where direct resolution is not achieved within seven calendar days of the Buyer first raising the issue with the Seller, either party may escalate the matter to PakAutoMart's support team for mediation. Escalation should be made through the official support channel, by emailing admin@pakautomart.com or by calling 042 111 786 786, quoting the relevant order number.
To allow PakAutoMart to conduct a meaningful review, the escalating party should submit all relevant evidence, which may include order confirmations and invoices, screenshots of in-platform messages between Buyer and Seller, photographs or video of the product as received, courier or delivery records, payment and refund records, and any other documentation relevant to the specific complaint. PakAutoMart's support team will review the submissions from both sides, may request additional information or clarification from either party, and will generally aim to communicate a facilitated determination within ten business days of receiving a complete submission, though complex cases involving multiple parties, technical inspection of parts, or third-party couriers may take longer.
On marketplace-specific matters, such as whether a refund should be issued, how a refund should be apportioned between Seller and Buyer, whether a return qualifies under the Return & Refund Policy, or whether a listed part appears to breach the Anti-Counterfeit & Genuine Parts Policy, PakAutoMart will apply its published policies and the information available to it to reach a practical, good-faith outcome. Both parties are expected to cooperate with this process and to comply with PakAutoMart's facilitated determination for purposes of the marketplace account and transaction record. As noted above, this internal mediation process is administrative rather than judicial. It does not deprive either party of their independent legal rights, and it is not a substitute for arbitration or litigation should either party wish to pursue such formal proceedings.
5. Step 3: Formal Legal Escalation
If a dispute is not resolved through direct negotiation or platform-mediated resolution, either party remains free to pursue formal legal remedies. Pakistan's arbitration framework is presently in a period of transition: the long-standing Arbitration Act 1940 continues to apply to domestic arbitration matters generally, while the newer Arbitration Act 2024 has been introduced with the intention of modernizing arbitration law and practice in Pakistan. [LEGAL REVIEW NEEDED]: Whether PakAutoMart will adopt a binding arbitration clause for marketplace disputes, and if so, which specific Act, procedural rules, and arbitral institution would govern such arbitration, has not yet been finalized and must be settled by PakAutoMart's legal counsel before any such clause is treated as binding on Buyers or Sellers. Pending that confirmation, this Policy does not commit either party to mandatory arbitration, and Lahore is noted only as the likely default venue should arbitration ultimately be adopted, subject to legal confirmation.
Unless and until a binding arbitration mechanism is formally adopted and communicated to users, or where arbitration is attempted but does not resolve the dispute, either party may bring a claim before the ordinary civil courts having jurisdiction in Lahore, Punjab, Pakistan, as further described in the governing law section below. Nothing in this Policy prevents a Buyer from exercising rights available under the Punjab Consumer Protection Act 2005, including recourse to the relevant consumer court, where the Buyer is based in Punjab. Buyers located in other provinces of Pakistan should note that consumer protection legislation is provincial in nature, and the applicable consumer protection law and forum may differ depending on the Buyer's own province; such Buyers are encouraged to seek independent advice on the law applicable in their own jurisdiction in addition to the terms of this Policy.
6. Seller-Specific Disputes: Commission and Payout Disagreements
Disputes between PakAutoMart and a Seller, as distinct from Buyer-Seller disputes, most commonly concern commission calculations, payout timing, deductions, penalties for policy violations, or account suspension. These matters are governed primarily by the Vendor/Seller Agreement, which sets out the applicable commission structure, payout schedule, and grounds for withholding or adjusting payouts. A Seller who disputes a commission deduction or payout amount should first raise the matter in writing with PakAutoMart's seller support team, providing the relevant order references and a clear explanation of the discrepancy, within fifteen calendar days of the payout or deduction in question. PakAutoMart will review the Seller's account records and respond with an explanation or correction within ten business days. If the disagreement persists after this internal review, it will be treated as a formal dispute subject to the escalation route described in Section 5 above, including the governing law and jurisdiction provisions and the arbitration position flagged for legal review.
7. Timelines at a Glance
To keep disputes moving toward resolution, this Policy contemplates the following indicative timelines: direct Buyer-Seller resolution should be attempted within seven calendar days of the issue first being raised; escalation to PakAutoMart support should follow promptly thereafter if direct resolution fails; PakAutoMart aims to issue a facilitated determination within ten business days of receiving a complete evidence submission; Seller commission and payout queries should be raised within fifteen calendar days of the disputed payout; and any formal legal escalation, whether through the courts or, if adopted, arbitration, is subject to the limitation periods and procedures prescribed by applicable law rather than by this Policy. These timelines are administrative targets intended to promote prompt resolution and do not override any statutory limitation period.
8. Good-Faith Cooperation
All parties involved in a dispute, Buyer, Seller, and PakAutoMart alike, are expected to act honestly and cooperatively throughout the process described in this Policy. This includes responding to communications and requests for information within the stated timeframes, providing accurate and complete documentation, refraining from making misleading or false statements about an order or transaction, and complying with facilitated determinations reached in good faith by PakAutoMart's support team pending any further legal escalation a party chooses to pursue. A party's failure to cooperate reasonably with the dispute resolution process may be taken into account by PakAutoMart when reaching a facilitated determination, and may also be relevant evidence in any subsequent formal proceedings.
9. Anti-Abuse Provision
PakAutoMart reserves the right to identify and act against frivolous, exaggerated, or repeated bad-faith disputes raised by either Buyers or Sellers. Indicators of abuse may include repeatedly raising disputes over the same or substantially similar matters after a resolution has already been reached, submitting false or fabricated evidence, raising claims with no reasonable factual basis, or using the dispute process as a means of harassing another user or evading marketplace policies such as the Return & Refund Policy or the Anti-Counterfeit & Genuine Parts Policy. Where PakAutoMart determines, acting reasonably, that a dispute has been raised in bad faith, it may decline to mediate further, may disregard the abusive claim in its facilitated determination, and may apply account-level consequences, including warnings, suspension, or termination, in accordance with the Terms & Conditions and, for Sellers, the Vendor/Seller Agreement. This provision is not intended to discourage legitimate complaints and applies only to conduct that is genuinely abusive of the process.
10. Governing Law and Jurisdiction
This Policy, and the marketplace relationship between Buyers, Sellers, and PakAutoMart generally, is governed by the laws of Pakistan, including the Contract Act 1872, the Sale of Goods Act 1930, and, for Buyers based in Punjab, the Punjab Consumer Protection Act 2005. As explained in Section 5 above, the extent to which arbitration under the Arbitration Act 1940 or the Arbitration Act 2024 will apply to disputes on this marketplace remains subject to confirmation by PakAutoMart's legal counsel and is marked [LEGAL REVIEW NEEDED]. Subject to that confirmation, and subject to any consumer forum available to a Buyer under applicable provincial consumer protection law, the courts of Lahore, Punjab, Pakistan shall have jurisdiction over disputes that are not otherwise resolved.
For questions about this Policy or to raise or escalate a dispute, please contact PakAutoMart at admin@pakautomart.com or call 042 111 786 786. Our registered business address is in Lahore, Punjab, Pakistan.
