These Terms were last updated on September 24th, 2018.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. CarPartDart is a Venue
CarPartDart acts as a venue to allow users who comply with CarPartDart's policies to request, offer, sell and buy car parts. CarPartDart is not directly involved in the transaction between buyers and sellers. As a result, CarPartDart has no control over the quality, safety, morality or legality of any aspect of the items requested or offered, the truth or accuracy of the part requests or offers, the ability of sellers to sell items or the ability of buyers to pay for items. CarPartDart does not pre-screen users or the content or information provided by users. CarPartDart cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, CarPartDart does not transfer legal ownership of items from the seller to the buyer.
CarPartDart cannot guarantee the true identity, age, or nationality of a user. CarPartDart encourages you to communicate directly with potential transaction partners through the message tool available on the Site. PayPal™ is the payment method of choice, therefore, all rules, responsibilities and safeguards inherent to PayPal™ apply to each and every transaction on CarPartDart.
You agree that CarPartDart is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on CarPartDart. You use the CarPartDart service at your own risk. We love you guys, but you're on your own.
2. Membership Eligibility
Age: CarPartDart's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. CarPartDart may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use CarPartDart's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by CarPartDart's policies as stated in the Agreement and the CarPartDart policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by CarPartDart, each of which is incorporated herein by reference and each of which may be updated by CarPartDart from time to time without notice to you:
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address and zip/postal code. It works out best for everyone if you also keep your garage, and subscriptions up to date.
Right to Refuse Service: CarPartDart may temporarily or indefinitely suspended CarPartDart members. CarPartDart reserves the right, at CarPartDart's sole discretion, to cancel unconfirmed or inactive accounts. CarPartDart reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
CarPartDart is free to use up until the time of sale. It is free to sign-up, free to make part requests and free to reply to part requests with an offer.
CarPartDart.com charges a nominal 2% fee of the total offer price, split evenly between buyer and seller, if and when the car part sells.
For example, If a seller makes an offer for selling a part at $100, inclusive of all shipping and handling fees, the requester has the opportunity to purchase this part, shipped to their door for $101. If the requestor accepts the offer, $101 is transferred to the seller's PayPal™ account, and $2 is immediately transferred from the seller's PayPal™ account to Carpartdart's PayPal™ account. Any and all PayPal™ fees are further deducted from the remaining $99 by PayPal™.
As a part requestor/buyer: when you accept an offer for a part, you have an opportunity to review and accept the 1% fee that you will be charged. CarPartDart's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for CarPartDart's services are effective after CarPartDart provides you with notice by posting the changes on this page of this site. However, CarPartDart may choose to temporarily change the Fee Policy and the fees for CarPartDart's services for promotional events; such changes are effective when CarPartDart posts the temporary promotional event on this page of this Site. CarPartDart may, at CarPartDart's sole discretion, change some or all of CarPartDart's services at any time. In the event CarPartDart introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, CarPartDart may issue a credit for the applicable fees only, to a buyer's or seller's PayPal™ account. You are responsible for paying all fees and applicable taxes associated with using CarPartDart.
The selling member is the merchant of record in the eyes of PayPal™ with CarPartDart acting merely as a broker. All buyer-initiated chargebacks are executed by PayPal™ at PayPal's discretion. CarPartDart has no input on PayPal's decision, which is final.
Fees and Termination: If CarPartDart terminates a part request posting from your account, if you close your account, or if the payment of your CarPartDart fees cannot be completed for any reason, you remain obligated to pay CarPartDart for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, email support@CarPartDart.com
4. Offers and Selling
Offer Description: By replying to a part request generated by the Site, you warrant that you and all aspects of the item comply with CarPartDart's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listings. Your offers may only include text descriptions, pictures and other content relevant to the sale of that item. Each offer must accurately and completely describe the item/items for sale in that listing. Your offer is an "on your doorstep price" so it is the seller's responsibility to make an offer inclusive of shipping. The Buyer's postal (zip) code is provided with all requests, enabling the seller to calculate the shipping costs offline and offer the part at a decent price inclusive of shipping.
Binding Sale: All sales are binding and subject to the terms of PayPay™ PayPal Policies. The seller is obligated to ship the part or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The all-inclusive price stated in each item listing description must be an accurate representation of the sale. Sellers should include a reasonable shipping and handling fee to cover the costs for packaging and shipping the items.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to CarPartDart and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on CarPartDart.
Restricted Activities: Your Content and your use of CarPartDart shall not:
Be false, inaccurate or misleading.
Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including CarPartDart staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
Be obscene or contain any pornography.
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Post images not part of a request or offer.
Modify, adapt or hack CarPartDart or modify another website so as to falsely imply that it is associated with CarPartDart.
Appear to create liability for CarPartDart or cause CarPartDart to lose (in whole or in part) the services of CarPartDart's ISPs or other suppliers.
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement.
Re-Posting Content: By posting Content on CarPartDart, it is possible for an outside website or a third party to re-post that information (i.e. Google Search). You agree to hold CarPartDart harmless for any dispute concerning this use. If you choose to display your own CarPartDart-hosted image on another website, the image must provide a link back to its listing page on CarPartDart.
7. Information Control
CarPartDart does not control the Content provided by users that is made available on CarPartDart. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using CarPartDart, you agree to accept such risks and that CarPartDart (and CarPartDart's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on CarPartDart. Please use caution, common sense, and practice safe buying and selling when using CarPartDart.
Other Resources: CarPartDart is not responsible for the availability of outside websites or resources linked to or referenced on the Site. CarPartDart does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that CarPartDart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between you and CarPartDart.com, please email support@CarPartDart.com
Should you have a dispute with one or more users, or an outside party, you release CarPartDart (and CarPartDart's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. CarPartDart encourages users to report illegal or fraudulent behavior to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
CarPartDart, for the benefit of users, may try to help users resolve disputes. CarPartDart does so in CarPartDart's sole discretion, and CarPartDart has no obligation to resolve disputes between users or between users and outside parties. To the extent that CarPartDart attempts to resolve a dispute, CarPartDart will do so in good faith based solely on CarPartDart's policies. CarPartDart will not make judgments regarding legal issues or claims. All chargebacks and disputes are to be handled through PayPal.
9. CarPartDart's Intellectual Property
CarPartDart, and CarPartDart graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of KMAT LLC, Inc. in the U.S. and/or other countries. CarPartDart's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
CarPartDart may contain robot exclusion headers which contain internal rules for software usage. Much of the information on CarPartDart is proprietary or is licensed to CarPartDart by CarPartDart's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access CarPartDart for any purpose whatsoever, except to the extent expressly permitted by CarPartDart.
Without limiting any other remedies, CarPartDart may, without notice, and without refunding any fees, delay or immediately remove Content, warn CarPartDart's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user.
As a marketplace venue, CarPartDart's role is to connect buyers with sellers. As a buyer, when you accept an offer on CarPartDart, you enter into a transaction with a seller, facilitated by PayPal. We are committed to providing a positive experience for both parties in every transaction on our marketplace. The following describes and explains our Transaction flow:
Buyers maintain their garage
Sellers maintain their subscriptions.
Buyer opens their virtual garage, selects a vehicle and begins a new part request
Seller(s) who support this vehicle receive a new request, and may choose to reply with a “on your doorstep price" if they have the part in/on-hand.
Buyer reviews the offers and selects one.
Buyer is brought to PayPal™ to finalize the transaction.
Seller receives funds from PayPal™ and ships item to Buyer.
Buyer receives item.
Buyer has a limited period of time from purchase to report a problem and seek PayPal's assistance to resolve any issues related to the transaction. Full details here:
A transaction is created when a buyer has initiated the checkout process on a CarPartDart offer and completes it on Paypal.com. Both the buyer and the seller are sent an email from PayPal. A transaction is considered complete after the buyer has submitted payment and the seller has shipped the item to the buyer and added a tracking number to the sales order.
Transaction concerns or disputes
We hope that your experience on CarPartDart is smooth and hassle-free. In the event of a problem with a transaction, CarPartDart encourages the buyer and seller to resolve the situation through CarPartDart's message system. There are two types of issues that a buyer may encounter: 1) a case of "non-delivery" or 2) a case of "item not as described," as further described below.
A non-delivery situation arises when a buyer placed an order and submitted payment, but then did not receive the item. CarPartDart encourages a buyer to first contact the seller via the PayPal email address to try and work out the issue. If this is unsuccessful, the buyer should file a claim for refund of purchase under PayPal's policies.
A seller who fails to:
-ship an item,
-respond to a non-delivery case or
-settle a disputed transaction in a reasonable manner may be suspended.
Item not as described
An item is "not as described" if it is substantially different than explicitly agreed upon or if it is not fit for its intended use. CarPartDart encourages a buyer to first contact the seller via email to try and work out the issue. If this is unsuccessful, the buyer should file a claim for refund of purchase under PayPal's policies.
A seller who ships an item that is not as described, fails to respond to a case or settle a disputed transaction in a reasonable manner may be suspended.
Item not as-described or damaged
Buyer notifies Seller within 14 days of purchase.
If seller wants the part back, buyer receives return mailing address from seller.
Buyer pays cost of return shipping with tracking number.
Buyer gets full refund once item delivered and confirmed by seller. If refund not issued, buyer should initiate PayPal dispute resolution process.
Buyer notifies seller of buyer problem.
Seller decides to let buyer keep item or to have buyer send item back.
Seller provides return mailing address to buyer.
Seller does not get reimbursed for original shipping to the buyer.
Seller gets item in mail. Confirms receipt. Does not keep any transferred sale proceeds.
Seller must refund initial payment to buyer.
Seller did not ship item / no postal service record it was mailed
Buyer notifies seller that he/she did not receive a tracking number.
If buyer can't confirm seller shipped item within 14 days of purchase, buyer gets full refund. If refund not issued, buyer should initiate PayPal dispute resolution process.
Upon request, if seller does not provide a tracking number to the buyer within 14 days of purchase, the transaction is cancelled.
Seller does not keep any transferred sale proceeds.
Seller must refund initial payment to buyer.
If Seller fails to comply, CarPartDart may use payment remediation method previously authorized by seller.
Lost in the mail / postal service did record it was mailed, but did not arrive
Buyer notifies seller if not received within 14 days of purchase.
Buyer gets full refund. If refund not issued, buyer should initiate PayPal dispute resolution process.
Seller does not keep any sale proceeds. The seller's recourse is with the carrier.
Seller must refund initial payment to buyer.
If Seller fails to comply, CarPartDart may use payment remediation method previously authorized by seller.
Problem not reported to PayPal within the eligible period covered by PayPal's buyer protection
Buyer does not report problem within PayPal's buyer protection period.
Buyer must resolve dispute directly with the seller.
Buyer transfers sale proceeds to buyer.
Seller must resolve dispute directly with the buyer.
14. Transaction Cancellation
Sellers agree to complete valid transactions. On occasion, a seller may need to cancel an invalid or void transaction, as defined below. Only the seller in a transaction may cancel the transaction.
If a buyer would like to cancel an order, the buyer should contact the seller by email (obtained from PayPal transaction) to request cancellation.
The seller may not cancel a transaction for the purpose of avoiding fees, wanting to increase the price or negative reviews.
The seller may cancel an invalid or void transaction, as defined by these circumstances:
The payment method was PayPal™ AND any of the following additional criteria are met:
15. No Warranty
KMAT LLC, CARPARTDART.COM, IT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CARPARTDART'S SUPPLIERS PROVIDE CARPARTDART'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CARPARTDART, CARPARTDART'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CARPARTDART'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CARPARTDART SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
16. Liability Limit
IN NO EVENT SHALL CARPARTDART, AND (AS APPLICABLE) CARPARTDART'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CARPARTDART'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CARPARTDART'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
CARPARTDART'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CARPARTDART'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CARPARTDART IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD CARPARTDART AND (AS APPLICABLE) CARPARTDART'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
18. No Guarantee
CarPartDart does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside of CarPartDart's control.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and CarPartDart are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. CarPartDart Service
22. Contacting Us
If you have any comments or questions, you may send an e-mail to support@CarPartDart
For any claim (excluding claims for injunctive or other equitable relief) where the total relief sought is less than $10,000, the party seeking relief may choose binding non-appearance-based arbitration to be conducted in accordance with the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitration shall be conducted before one or more neutral arbitrators mutually agreed upon by you and CarPartDart in Pennsylvania in the United States of America, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The prevailing party shall be entitled to all reasonable attorney's fees and costs resulting from arbitration that is brought by any party. The arbitration must be conducted via only a combination of phone, the Internet and written submissions (the party initiating arbitration may select the specific manner); the arbitration shall not involve personal appearance by the parties or witnesses unless otherwise mutually agreed; and the arbitrator's judgment may be entered in any court of competent jurisdiction.
24. Law and Jurisdiction
These Terms shall be subject to, governed by and construed under the laws of the Commonwealth of Pennsylvania in the United States of America. Your access to, or use of, the Website or information, materials, products and/or services on the Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.
You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Pennsylvania and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Appendix 1 - Fees Policy
None. It is free, to sign-up, maintain your garage, maintain your subscriptions and send new part requests.
It is free to reply to part requests with an on your doorstep price inclusive of Shipping.
CarPartDart transaction fees:
2% of total offer price, split evenly between buyer and seller.
PayPal™ fees are not controlled by CarPartDart, and depend on the user's status and payment method within PayPal™ Do not mark PayPal™ payments to sellers as “Gift", or “Money Owed" as doing so forgoes PayPay™ Buyer's protection.
The default/base/operating currency of CarPartDart is U.S. Dollars (USD)
Sellers may reply to a part request in the buyer's local currency only if PayPal™ supports this currency.
As of today, the list of official PayPal™ supported currencies are:
New Zealand Dollar
Hong Kong Dollar
Israeli New Shekel
Brazilian Real (only for Brazilian members)
Malaysian Ringgit (only for Malaysian members)
New Taiwan Dollar
Turkish Lira (only for Turkish members)
Buyers and sellers acknowledge that all currency conversion rates and associated fees are controlled and collected by PayPal™. Any and all transaction fees remitted to CarPartDart by PayPal™ will be in USD with any and all conversion fees the responsibility of the seller.
When applicable, all fees listed on CarPartDart.com are in US Dollars, unless you update your profile and you sell a part in a currency other than US Dollars.
When applicable, all fees are automatically deducted from the PayPal™ proceeds to the seller when the PayPay™ transaction settles. Sellers have no monthly invoice, nor balance due. As such there is no billing information stored on CarPartDart.com All required reports and transaction details need to be generated by the seller on PayPal.com
No taxes are calculated, added or collected by CarPartDart.
All Buyers and Sellers are required to calculate, report and pay any and all applicable Sales, Use or Value-added taxes as required by law in the jurisdiction of buyer and seller