Conditions of Transactions on Row52

We have created the Services to facilitate transactions between Parts Sellers (including a specific subcategory of Parts Sellers known as Parts Pullers) and Parts Buyers. In order to participate in the Services, a user must complete a number of form fields depending upon the specific function(s) within the Services the user wishes to perform. These functions include, but are not limited to, (a) creating a basic Row52 login account, which allows users to, among other things, set up vehicle alerts, contact Parts Sellers, post comments on “Parts for Sale” pages, create “Parts Wanted” listings and respond to Parts Quotes (as defined below); (b) becoming a Parts Seller, which allows users to sell Parts by creating a “Parts for Sale” listing and create an individualized quote for a specific Parts Buyer setting forth the terms and conditions under which the Parts Seller will Pull and sell a given Part to such Parts Buyer (each, a “Parts Quote”), or (c) becoming a Parts Buyer, which allows users to purchase Parts listed in a “Parts for Sale” listing and to create a “Parts Wanted” listing to which Parts Sellers may respond with a Parts Quote.

You must use Stripe™, our third-party payment processor, when engaging in transactions with other users through the Services and pay all applicable fees (which includes, for Parts Sellers, the fees to Stripe and Row52) and any applicable taxes (as set forth by Parts Sellers) associated with the Services. Your use of the Services is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By engaging in transactions with other users through the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. We assume no liability or responsibility for any payments you may make through the Services. If your Stripe payment fails, we may retain collection agencies and legal counsel to collect fees owed, and, for accounts over 180 days past due, you direct Stripe to deduct the amount owed from your Stripe account balance.

By using the Services, you confirm that the information you provide in each form field is accurate and truthful, is not fraudulent and that you will execute any commitments made (for instance, to ship a Part). Your failure to do so will be considered a breach of your responsibilities under the Row52 Terms of Service and this Marketplace Policy. If such breach occurs, to protect us from risk of liability, Row52 may take a number of actions, including, freezing or deleting your Row52 account or recommending that Stripe restrict access to funds in your Stripe account or initiating a refund to another user directly from your Stripe account for amounts at issue in a given transaction or series of transactions between you and such user.

Fees

The fees we charge for using our Services are listed in “Part Pricing and Fees,” linked from the “How it Works” page of the Website: https://row52-staging.azurewebsites.net/About/HowItWorks#PricingAndFees. We may change our fees from time to time by posting the changes on the Website at least 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

Row52 Transactions

If you are a Parts Seller:

Once you have completed all required registration fields and registered as a Parts Seller, you may list any Part you wish to sell in the “Parts for Sale” section of the Website and you may respond to “Parts Wanted” listings of Parts Buyers. Please see our Privacy Policy for more information on how we and our third-party service providers may use the information you enter through the Services.

Parts for Sale

For each Part you list, you must complete all required fields, which may include a title for the listing; vehicle year, make and model; your return policy (if any); return shipping address; shipping charges; and the amount of tax (if any). If a Parts Buyer purchases a Part you listed, the proceeds from your sale after payment of fees will be automatically transferred to the bank account on file that you provided to Row52 when you authenticated your Parts Seller account within two (2) days, unless your Stripe account status becomes “unverified” in which case the funds due to you will be held indefinitely until your Stripe account achieves a “verified” status. Please contact Stripe directly for more information if your account status becomes “unverified.”

You will be responsible for promptly shipping any Part purchased from you and honoring your stated return policy, if any, for the applicable listing. If you are unable to ship the Part for any reason, you will be required to provide a full refund to the Parts Buyer.

Parts Wanted

If you believe you will be able to supply a Part requested by a Parts Buyer in a “Parts Wanted” listing, you may submit a Parts Quote directly to the Parts Buyer. For each Parts Quote you provide, you must complete all required fields, which may include vehicle year, make and model from which the Part will be pulled; the prices for the Part(s) and your labor; your return policy (if any); return shipping address (if you accept returns), shipping charges the amount of tax (if any); and the expiration date for your Parts Quote.

If a Parts Buyer accepts your Parts Quote, the proceeds from your sale after payment of fees will be will be automatically transferred to the bank account on file that you provided to Row52 when you authenticated your Parts Seller account within two (2) days, unless your Stripe account status becomes “unverified” in which case the funds due to you will be held indefinitely until your Stripe account achieves a “verified” status. Please contact Stripe directly for more information if your account status becomes “unverified.”

Once a Parts Buyer has accepted your Parts Quote, you will be responsible for promptly executing the Pull, shipping the Part, providing shipment tracking details (if applicable) and honoring your return policy if you chose to accept returns.

If, after a Parts Quote is accepted, you are unable for any reason to timely effectuate the Pull in the timeframe you and the applicable Parts Buyer agreed, you must refund the Parts Buyer’s payment through the Website. In this instance, you authorize Stripe to remove the refund amount from your Stripe account. You are responsible for keeping adequate funds in your Stripe account to allow for any such refunds.

You may withdraw a Parts Quote at any time before acceptance. You may not withdraw a Parts Quote that has been accepted and for which payment has been made. In that instance you must refund the transaction as described above.

See Refund section below for further information.

If you are a Parts Buyer:

Once you have completed all required registration fields and registered as a Parts Buyer, you may find your desired Part in two ways: (1) by matching to a Parts Seller that has listed the Part you seek in a “Parts for Sale” listing; or (2) by accepting a Parts Quote from a Parts Seller who will effectuate a Pull in response to your own “Parts Wanted” listing.

Parts for Sale

If you find your desired Part in a Parts for Sale listing, you may purchase it for a fixed price by clicking “Buy” on the page with the Part listing. The price will include the Part price, shipping and sales tax (if applicable). In the listing, the Parts Seller will indicate whether they accept returns and if so, you will be able to learn the conditions applicable to such return policy by contacting the Parts Seller. Clicking “Buy” will allow you to submit payment details so that you may purchase the Part. As part of this process, you will be asked by Stripe to provide credit or debit card details and your card will be charged through the Stripe payment system once you confirm the purchase. Please see our Privacy Policy for more information on how we and our third-party service providers may use the information you enter through the Services.

Once you have purchased the Part, the Parts Seller will be notified of the sale and will be responsible for shipping the Part to you.

Parts Wanted

You may also create a listing for your desired Part in the “Parts Wanted” section of the Website. If a Parts Seller believes they can effectuate a Pull and obtain your desired part, they will provide you with a Parts Quote. You may receive multiple Parts Quotes in response to a given Parts Wanted listing. You have four options when presented with a Parts Quote: ignore, accept, decline or contact the Parts Seller to request additional information.

• Ignoring the Parts Quote does not trigger any additional action and the Parts Quote will remain active until either the Parts Seller withdraws the Parts Quote or the Parts Quote expires based on the deadline established by the Parts Seller in the Parts Quote.
• Accepting the Parts Quote will allow you to submit payment details so that you may purchase the Part. As part of this process, you will be asked to provide credit or debit card details and your card will be charged through the Stripe payment system once you confirm the purchase. If a Parts Seller is unable to effectuate a Pull after you have accepted the Parts Quote, or unable to ship the Part after you have purchased it from a Parts for Sale listing, the Parts Seller is responsible for refunding the amount you paid for the Part (including any shipping, labor or other charges).
• Declining a Parts Quote notifies the Parts Seller that you have declined the Parts Quote and serves to change the status of the Parts Quote to “declined” (though you may still view the details of the Parts Quote). You may not accept a Parts Quote that you previously declined.
• Contacting the Parts Seller gives you the opportunity to ask for more information about a given Part or Parts Quote (e.g., more specifics about the color, specifications or condition of a particular Part; whether, in the Parts Seller’s opinion, a certain Part will work in your particular application; or details about the Parts Seller’s return policy).

See Refund section below for further information.

Refunds

We require you (as a Parts Seller) to provide refunds to Buyers under certain circumstances, as set forth below. If you (as a Parts Seller) are required to refund a Parts Buyer or Row52, you direct Stripe to remove the refund amount from your Stripe account. If the refund cannot be obtained from you, the outstanding sums may be collected using other collection mechanisms, including retaining collection agencies. Row52 also encourages Parts Sellers and Parts Buyers to communicate directly and resolve issues before involving us.

If there is a problem with a Parts Seller refund, then under certain circumstances Row52 will step in and provide a direct refund to the Parts Buyer (a “Row52 Direct Refund”). To qualify for a Row52 Direct Refund, you (as a Parts Buyer) must comply with the requirements set forth below. Row52 has sole discretion with respect to any Row 52 Direct Refund claim.

We may suspend our provision of Row52 Direct Refunds in whole or in part without notice if we suspect abuse or interference with the proper working of the program.

Parts Buyers are eligible for a Row52 Direct Refund when any of the following conditions are met (collectively “Return Criteria”):

• They don’t receive a Part from a Parts Seller after making payment in full under a Parts for Sale listing or after accepting a Parts Quote.
• They receive a Part that doesn’t match either the Parts for Sale listing or Parts Quote, as applicable.
• The Parts Seller accepts returns, the Parts Buyer complied with the terms of the stated return policy, and the Parts Seller did not honor the terms of the Parts Seller’s stated return policy.

What’s Covered

Covered: Purchases are covered by the Row52 Direct Refund program when all of the following conditions are met:

• The Parts Buyer made the purchase through the Website via Stripe.
• The Part was paid for in a single payment.
• For Parts Quotes, the Parts Buyer complied with all the terms of the Parts Seller’s stated return policy.
• A Parts Buyer reports the details of the dispute to Row52 through our “Contact Us” page, including providing any relevant documentation to support the claim, within the timelines set forth in the section titled “Row52 Direct Refund Timelines” below.

Not Covered:

• Buyer’s remorse or any reason other than one of the Return Criteria.
• Parts damaged during pick-up or shipping or not delivered when the Parts Buyer arranges pick-up or shipping of the Part.
• Transactions in which the Parts Buyer refused delivery of the Part from the shipping carrier.
• Duplicate claims through any other resolution methods outside of this Row52 Direct Refund process.
• Parts shipped to another address after original delivery.

When a Parts Buyer Doesn’t Receive a Part

If a Parts Buyer doesn’t receive a Part from a Parts Seller after making payment in full under a Parts for Sale listing or after accepting a Parts Quote, the Parts Buyer needs to report that they didn’t receive the Part by contacting the Parts Seller. The Parts Seller must reasonably address the Parts Buyer’s concern(s) and provide updates on the delivery of the Part (e.g., tracking information) or provide the Parts Buyer a refund.

If the Parts Buyer isn’t happy with the Parts Seller’s response or doesn’t receive a response, the Parts Buyer can ask us to step in and help by reporting the details of the situation to Row52 through our “Contact Us” page.

If asked to step in and help, we review the information provided by the Parts Buyer and contact the Parts Seller for further information regarding the dispute in an effort to better understand the circumstances regarding the transaction. If we determine that the Parts Seller did not comply with their requirements as required by this Marketplace Policy and/or the Parts Seller’s posted terms in the applicable Parts for Sale Listing or Parts Quote, we may initiate a Row52 Direct Refund to the Parts Buyer of the full amount of the transaction (which will include, as applicable, amounts paid for Parts, labor, shipping, and taxes), or determine another solution mutually agreed to by Row52 and the Parts Buyer. We reserve the right to seek reimbursement of any refund or other direct costs from the Parts Seller.

The Parts Buyer is responsible for accepting the Part when it arrives. If the Parts Buyer refuses delivery, their claim is not eligible for a Row52 Money Direct Refund. If the package was damaged in shipping, or did not arrive and the Parts Seller has evidence that they shipped the Part, the Parts Buyer must first make a claim directly with the shipping company.

Exceptions:

• The Parts Buyer accepted and opened the package only to determine that it was an empty box.
• The Part arrived collect on delivery (COD) because it didn’t have enough postage on it.

The Parts Buyer is responsible for paying any customs and duty fees, as set forth on the applicable Parts for Sale Listing or Parts Quote.

If the Parts Buyer isn’t happy with the applicable shipping company’s response or doesn’t receive a response, the Parts Buyer can ask us to step in and help by reporting the details of the situation to Row52 through our “Contact Us” page.

When a Part Doesn’t Match the Parts for Sale Listing or Parts Quote

If a Parts Buyer receives a Part that doesn’t match the Part description in the Parts for Sale listing or Parts Quote, as applicable, in a material way (e.g., the Part described was a right side mirror and the Part shipped was left side mirror), the Parts Buyer must contact the Parts Seller through the Services and describe the issue. The Parts Seller must reasonably address the Parts Buyer’s concern and resolve that concern by either providing the Part as described or initiating a refund to the Parts Buyer.

If asked to step in and help, we review the information provided by the Parts Buyer and Parts Seller in an effort to better understand the circumstances regarding both the original listing and the Part as delivered to the Parts Buyer.

If we determine that the Parts Seller did not comply with this Marketplace Policy and/or the Parts Seller’s posted terms in the applicable Parts for Sale Listing or Parts Quote, we may initiate a Row52 Direct Refund to the Parts Buyer of the full amount of the transaction (which will include, as applicable, amounts paid for Parts, labor, shipping and taxes) or determine another solution mutually agreed to by Row52 and the Parts Buyer.

Exceptions:

• The variations from the listing are minor and do not impact the suitability of the Part.
• Parts Seller can provide, via written documentation, that any variations were disclosed to the Parts Buyer before shipping the Part and that the Parts Buyer agreed to accept the Part anyway.
• The variation is due to damage to the Part during shipment, in which case any claims must first be made with the shipping carrier.

When a Parts Seller Doesn’t Honor their Return Policy

Parts Sellers are responsible for determining the terms and conditions under which they will accept returns of Parts under their Parts for Sale listings and their Parts Quotes. Parts Sellers when providing a Parts Quote in response to a Parts Wanted listing have the option of selling the Part “as is” by selecting “All Sales Final” for that listing—meaning they will not accept any returns—or they may agree to accept returns under conditions they set (including timing). It is a Parts Buyer’s responsibility to read the stated return policy before purchasing a Part through a Parts for Sale listing or accepting a Parts Quote.

If a Parts Buyer purchases a Part through a Parts for Sale listing or accepts a Parts Quote from a Parts Seller that accepts returns, and that Part Seller does not honor their state return policy, the Parts Buyer must first contact the Parts Seller and describe the issue. The Parts Seller must reasonably address the Parts Buyer’s concern and resolve that concern, either by providing the Part as described or initiating a refund to the Parts Buyer.

If the Parts Buyer isn’t happy with the Parts Seller’s response or doesn’t receive a response, the Parts Buyer can ask us to step in and help by reporting the details of the situation to Row52 through our “Contact Us” page.

If asked to step in and help, we review the information provided by the Parts Buyer and Parts Seller in an effort to better understand the circumstances regarding the return policy and the Parts Seller’s and Parts Buyer’s compliance with the conditions of the stated return policy.

If we determine that the Parts Seller did not comply with this Marketplace Policy and/or the Parts Seller’s posted terms in the applicable Parts for Sale Listing or Parts Quote, we may initiate a Row52 Direct Refund to the Parts Buyer of the full amount of the transaction (which will include, as applicable, amounts paid for Parts, labor, shipping and taxes) or determine another solution mutually agreed to by Row52, the Parts Buyer, and, at Row52’s discretion, the Parts Seller.

Exceptions:

• The Parts Seller did not offer a return policy (selecting “All Sales Final” in the “Return Policy” dropdown) in a Parts Quote.
• The Parts Buyer did not comply with one or more terms of the stated return policy, including missing stated deadlines or not returning the Part.

Row52 Direct Refund Timelines

For Parts Not Received:

• A Parts Buyer must report to the Parts Seller that they didn’t receive a Part after the Part’s latest estimated delivery date and must do so within fifteen (15) days after the latest estimated delivery date.
• The Parts Seller has three (3) business days from the submission of the report to respond to the Parts Buyer or offer a solution. If they do not, the Parts Buyer can ask us to step in and help.

For Parts Received Not as Listed/Quoted and For Parts Seller’s Failure to Honor Listed Return Policy:

• A Parts Buyer must report any issues to the Parts Seller within seven (7) days from receipt of the Part.
• The Parts Seller has three (3) business days from the report to respond to the Parts Buyer or offer a solution. If they do not, the Parts Buyer can ask us to step in and help.

For All Row52 Direct Refund Criteria:

If the Parts Buyer doesn’t ask us to step in and help within seven (7) days from the expiration of the deadline for the Parts Seller to respond, the request will close automatically and the Parts Buyer is ineligible for a Row52 Direct Refund.

Appeals

Parts Buyers and Parts Sellers have an opportunity within 30 days from when we make a final decision about a transaction issue to appeal our decision by providing appropriate documentation, including without limitation the original Parts for Sale listing or Parts Quote title or URL; all written communication between the parties; proof of payment and/or refund; any documentation from Row52 regarding our initial decision; and any additional relevant documentation that was not previously provided to Row52 prior to the time of our original decision. We may accept or reject the request for any appeals at our sole discretion. We have the right to seek reimbursement from the Parts Seller if a Parts Buyer successfully appeals.

Refunds to Parts Buyers

All Row52 Direct Refunds will be made to the credit card or debit card used for the purchase by the Parts Buyer.

Using Other Programs to Address Concerns

Parts Buyers may not use more than one resolution method to attempt to receive or receive a refund. After selecting a resolution process (i.e., requesting a refund from the shipping carrier, requesting a chargeback from their payment provider or requesting a Row52 Direct Refund) a Parts Buyer is required to use only that process to resolve the transaction issue.

If a Parts Buyer requests a refund from the carrier, resolution through Stripe or a chargeback from their payment provider, any requests opened pursuant to the Row52 Direct Refund program for the same transaction will be immediately closed.

Fraudulent Claims

Fraudulent claims may include:

• A Parts Buyer opening excessive requests or duplicate requests through more than one program.
• A Parts Buyer filing a chargeback after knowingly receiving a refund.

Parts Buyers who file fraudulent claims are subject to the consequences outlined in the Row52 Terms of Service, which include Row52’s limitation of the Parts Buyer’s access to the Services or the termination of the Parts Buyer’s membership account.

Other Row52 Direct Refund Terms

• Parts Buyers and Parts Sellers agree that Row52 has sole discretion for final decisions about all claims made pursuant to the Row52 Direct Refund program, including appeals.
• The Row52 Direct Refund is not a product warranty.
• In some situations, we may investigate transactions on behalf of the Parts Buyer, for example in situations in which a Parts Seller is suspended for fraudulent activity under other transactions and we have reason to believe other Parts Buyers were also affected.
• We reserve the right to fix any processing errors we discover by debiting or crediting the payment method used by the Parts Buyer for the incorrect refund or reimbursement.