Updated 11/22/2022

Terms & Conditions

TERMS OF SERVICE

Welcome to Carter Vintage Exchange. Before using our service, it is important to understand our terms, policies and rules.

Accepting these Terms

This document, our rules, policies and the other documents referenced herein make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Carter Vintage Exchange, henceforth referred to as “The Exchange”. This contract sets out your rights and responsibilities when you use The Exchange and our Service (the “Service” includes the “Website”). To access most features of the Service, you must register for an Account with us (“Account”). Our Service includes https://cartervintage.com/, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed. Please read our Terms completely and carefully.

BY USING OUR SERVICE, YOU ARE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.

We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time of publication. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

Some important introductions for you.

1. Description of the Service

  • The Service is an online consumer-to-consumer focused marketplace. We have only one Account type and do not offer specialty products to support businesses or other entity types like non-profits.
  • While The Exchange may help facilitate transactions, Users that list and sell items through the Service (“Sellers”) and Users that purchase items through the Service (“Buyers”) are solely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means “you”) are collectively referred to herein as “Users” of the Service.
  • If you choose to file taxes or operate your account under another tax entity such as a LLC, Sole Proprietor or other entity type, all policies, rules and conditions of use as documented in these Terms and related policies will apply to your Account. Only one account per entity or individual is allowed. For the intent and purpose of this document, all definitions (above) will apply to your Account regardless of your entity status outside of our Service.
  • The Exchange provides payment processing services using third party service providers for items listed on its marketplace. Payment options include but are not limited to credit card, debit card, PayPal, and wire transfer. Any transfer of payment information is at your own risk. The Carter Vintage Exchange is not responsible for any circumvention of wire transfers or use of incorrect wire mailing instructions. The buyer must ensure the accuracy of all wire information prior to submitting a wire transfer. Sellers may have funds from sales deposited into their designated bank account (“Direct Deposit”), or sent via check or wire transfer. Please remember payment instruments and bank accounts can only be registered on one Account at a time.
  • The Exchange may process refunds, chargebacks or payment reversals and provide customer service in relation to questions related to the Service, but is not and shall not be involved in other disputes between Users. Payment to The Exchange constitutes a payment to the Seller. Please see the Buyer or Seller Rules for more information.
  • By accepting these Terms, you acknowledge that you will provide accurate, complete, and timely information to The Exchange. Further, your acceptance of the Terms includes acceptance of our Privacy Policy.

2. Other Terms and Policies Which Apply

The Exchange is provided to users that are at least 18 years of age or older and located in the United States.

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time (“Policies”). These Terms apply to all Users:

  • Privacy Policy
  • Prohibited Conduct
  • Prohibited Items
  • Electronic Communications Policy
  • DMCA/Copyright Notification Policy
  • Safety Guidelines
  • Law Enforcement and Information Requests
  • Sales Tax Policy
  • Refunds and Returns Policy
  • 1099-K Reporting Policy and Disclosure Information

The Exchange helps people sell, list and transact online to sell and buy goods. The following Terms may apply, depending on how you use our Service. It is important to follow these rules for The Exchange to evaluate payment processing decisions and the continued use of our Service.

Intellectual Property Owners - If you are a copyright or other intellectual property owner, our DMCA/Copyright Notification Policy outlines how to report listings that you believe infringe your rights.

Law Enforcement and Other Government Agencies Information Requests - If you are contacting us from an authorized law enforcement agency to request information about a User this process applies to you.

3. Your Account with The Exchange

You will need to create an Account with The Exchange to use some features of our Service. If The Exchange determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, The Exchange may, at its sole discretion, take action, up to and including termination of your Account. If you have previously violated our Terms using another Account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account, and/or your Account may be limited, suspended or closed.

Here are a few rules about Accounts with The Exchange:

  • A User shall not use an Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all Buyers or Sellers accountable for violations of law, violations of these Terms and all applicable policies.
  • You must be 18 years of age or older to have an Account.
  • You may only register for and maintain one Account. Payment instruments and bank accounts can only be registered on one Account at a time; they cannot be shared on multiple Accounts, even if it is a joint account at your financial institution.
  • Information about yourself (such as your name, address, date of birth, Social Security number, and/or a copy of your driver’s license or other government-issued identification) (“User Information”) that you provide to us must be current and accurate. We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. You may not use false information or impersonate another person through your Account.
  • If you provide information about a business, such as to comply with a verification request or to complete a W-9 tax reporting form, you may be asked for additional information such as EIN, business address, and/or tax classification filing status in addition to verifying information about yourself and your authority to represent the business or entity(ies).
  • If you make purchases, you will be asked to provide information about your Payment Instrument(s). “Payment Instrument(s)” include(s) credit card, debit card, an account hosted elsewhere such as PayPal, The Exchange balance resulting from your earnings from prior sales, or another payment method permitted by us. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the financial institution/issuer. You agree that the User Information and Payment Instrument information you provide to us is (and will remain) accurate and current.
  • If you complete a sale, you may withdraw your Account Balance to your bank account using Direct Deposit or Instant Pay. It is your responsibility to ensure that your bank account information is entered correctly. We may be unable to help you recover money sent to an inaccurate bank account number.
  • If you utilize our shipping options it is your responsibility to select the correct weight class for the labels and to provide valid tracking information. You are responsible for any additional fees from the carrier(s) if you select the incorrect weight class or other such actions that result in additional fees.
  • You are solely responsible for any activity and listings on your Account.
  • You are responsible for ensuring your Account accurately reflects your current User Information including your contact information, such as phone number, email and mailing address.
  • You are responsible for all fees, chargebacks, Buyer refunds, or payment reversals received by Consign From Home, even after you close your Account. Amounts owed to Consign From Home or to others may be removed from your balance or requested via an invoice by Consign From Home to be processed as a payment from you or processed by a collections agency.
  • You are responsible for keeping your Account password secure. If you believe your account has been compromised please contact [email protected].

Please visit our Help Center for questions about setting up an Account with The Exchange.

4. Termination by You

You may terminate your Account with The Exchange at any time from your Account Settings. You can find more information in the Help Center. After terminating your Account, some of your listing content and completed transaction information may still be available in your Account. However, you should save all needed information prior to terminating your Account.

You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by The Exchange, even after you close your Account. You remain obligated to help resolve any disputes with other Users that are the result of purchases or sales of goods from you that occurred prior to termination. The Exchange-issued credits or unused coupons become invalid and expire upon termination of your account.

5. Scope of License

Our Services are licensed, not sold, to you for use only under our Terms. The Exchange reserves all rights not expressly granted to you. The Exchange hereby grants you a personal, limited, revocable, non-transferable license to use the Website at any given time on a single compatible device that you own or control, solely for your own use.

You may not modify, alter, reproduce, distribute or make the Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Website.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the Website or any content available through the Website.

The Service may include open-source software or third-party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center for the applicable notices and license terms.

6. Third Party Services and Linked Websites

The Privacy Policy applies to your use of the Service and you consent to the collection and use of your information, including personally identifiable information by The Exchange. Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, payment services such as Stripe) that enable you to export information to third party services. You may also need to use a third party’s product or service to use some features of our Service (like a compatible mobile device to use our mobile apps or to purchase a warranty) or use through our implementation of third-party buttons (such as “share” buttons). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. The Exchange is not a party to those agreements; they are solely between you and the third party.

7. Your Content

Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

  • Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You have not copied it without permission, this includes The Exchange’s trademarked name or logo.
  • Permission to Use Your Content. By posting Your Content through our Service, you grant The Exchange a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help The Exchange function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account. By posting Your Content, you grant The Exchange a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote The Exchange, or the Service in general, in any formats and through any channels, including across any The Exchange Service or third-party website or advertising medium.
  • Reporting Infringing Content. The Exchange has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If intellectual property that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA/Copyright Notification Policy in the Help Center. If Your Content infringes another person’s intellectual property, we will remove it upon receipt of a valid and complete takedown notice. We will notify you if that happens.
  • Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on The Exchanges’s Service (for legal reasons or otherwise). You agree that you will not post any content that is illegal, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.

8. Your Use of Our Service

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:

  • Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use The Exchange to list or sell items that violate any laws, to commit fraud, theft or any other crimes against The Exchange, another The Exchange User or a third party. You may not use The Exchange shipping labels to send or transmit items that are illegal or prohibited to ship. Please review our Prohibited Items and Prohibited Conduct policies for more details. If you break the law we may contact users who have sent you money, contact your bank or credit card issuer, warn other users, law enforcement, or other impacted third parties of your actions or we may take legal action against you.
  • Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, other harmful computer code, or any activity that provides an excessive burden on the Services, or otherwise negatively affects the enjoyment of the Services by other Users.
  • Agreement to Receive Electronic Communications. By using our Service, you’re agreeing to our Electronic Communications Policy , which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
  • Items You Purchase. The Exchange does not manufacture any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent third-party sellers, so The Exchange cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release The Exchange from any claims related to items sold through our Service, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims).
  • Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. The Exchange is not responsible for the decency, accuracy, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content. You may report content that you believe violates The Exchange’s Policies for internal review.
  • People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services beyond verification of specific data, and you release us from all liability relating to your interactions with other Users. You may report Users who you believe are engaging in Prohibited Conduct so we may review their Account.
  • Account Limitations. The Exchange, may place limits or restrictions on your use of our Service due to your Account activity, limited verified User information available or to enforce a regulatory limit. You may be required to complete certain actions on your Account to remove that limitation.
  • Prohibitions. The use of automated or non-automated systems or software to extract data (including pricing data and Price History Charts) from this website (‘data scraping’) is strictly prohibited unless otherwise expressly consented to in writing by Consign From Home.
  • Other Disclaimers/Warranties.
  • The Exchange is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
  • We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

9. Limitation, Suspension or Termination

The Exchange reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).

We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law. For example, The Exchange will promptly terminate without notice the Accounts of Users who are determined by The Exchange to be “repeat offenders.” A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.

If we terminate, limit or suspend your Account or access to our Service:

  • You do not have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Website. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
  • You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
  • We may require Users to verify information including identity. The Exchange may refuse a User access to or suspend a User from all or part of the Service until the completion of such verification including placing holds on your Account balance.
  • If there is an issue with your Account or listings, your Account balance may be held initially for 30 or 90 days based on risk, including chargebacks and other Buyer claims. You may be required to provide additional information regarding your Account usage, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or items will not be released to you.
  • Funds may be held for up to 180 days to seek reimbursement from a Seller in any of the following circumstances, when: (a) we provide a refund to a Buyer because a Seller did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate transactions related to a Seller; (c) we receive a chargeback or payment reversal from a Buyer’s Payment Instrument issuer for the amount of a Buyer’s purchase from a Seller; or (d) a Seller does not act in accordance with The Exchange’s Terms including the sale of prohibited items and/or the creation of multiple Accounts.
  • We may obtain reimbursement of any amounts owed by a Seller to The Exchange by deducting from future payments owed to the Seller, reducing any balance from the Seller’s Account, charging any of the Seller’s Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
  • The ExchangeConsign From Home will make refunds or other payments owed to you, as required by applicable law or regulation.
  • Accounts that are abandoned or balances that are unclaimed are subject to state abandoned property regulations.

10. Buying and Selling Generally

Approval of Listings. Any product listing on The Exchange is subject to the review and approval of The Exchange. The Exchange may at any time in its sole discretion for any reason or for no reason at all (including, but not limited to, failing The Exchange’s internal product authenticity verification requirements) prevent the listing of any product or remove any listing. DESPITE THE EXCHANGE’S IMPLEMENTATION OF INTERNAL PRODUCT AUTHENTICITY VERIFICATION PROCEDURES AND ITS BEST EFFORTS TO AUTHENTICATE PRODUCT LISTINGS, THE EXCHANGE DOES NOT GUARANTEE THE AUTHENTICITY OF ANY PRODUCT OR THE ACCURACY OF ANY LISTING.

Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct policies, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by The Exchange to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.

A Seller shall not purchase a product they themselves have listed on a separate Account. A Seller who wishes to withdraw or remove a listing must do so per the procedures specified by The Exchange in the Help Center.

Sales Contract. A sales contract for a product is formed with the Seller when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer shall not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.

Shipping Products. Seller agrees to ship products using only common carriers approved by The Exchange in these Terms of Service or as otherwise approved by The Exchange in writing. The Exchange currently approves the following common carriers: UPS, FedEx, DHL. Seller agrees to ship products to The Carter Vintage Exchange for purposes of authenticity verification using the provided shipping materials and only the common carriers approved by Consign From Home in these Terms of Service or as otherwise approved by The Exchange in writing. The Exchange will be responsible for shipping the product to the Buyer. For products with a value over $50,000, The Exchange may require in-person delivery of the product.

Insurance. The Carter Vintage Exchange insures all instrument shipments from Carter Vintage following authentication at the instrument’s fair market value up to a value of $500,000 per instrument. If the Seller uses Carter Vintage’s shipping materials and sends video verification to [email protected] of packaging the instrument as outlined in our Help Center, The Exchange also insures inbound shipments to Carter Vintage for authentication up to $500,000 per instrument. If Seller does not use Carter Vintage’s shipping materials, Seller must purchase package shipping insurance protection provided by the relevant approved common carrier (UPS, FedEx, DHL) for all products Seller ships to cover the replacement value of the product. If Seller does not use Carter Vintage’s shipping materials or purchase insurance at the instrument’s full value via an approved carrier, Seller is responsible for all costs associated with damage that occurs in shipping. The Carter Vintage Exchange insurance coverage excludes coverage for instruments shipped by a Seller directly to a Buyer’s address, as The Exchange does not facilitate transactions directly between sellers and buyers on the platform.

Fraud Protection.1

The Exchange’s Role. Seller agrees that The Exchange and its designated payment processor act as agents for the Seller in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by The Exchange of the purchase payment (except for Buyer’s obligations in the event of a chargeback or other payment reversal).

Settlement to Sellers. All Sellers must be residents of the United States of America. The Exchange and its designated payment processor will process the payment to Seller. For online sales, Sellers must provide The Carter Vintage Exchange with Seller’s Tax Identification Number prior to processing a payment to Seller. The Exchange will make commercially reasonable efforts to initiate a credit to Seller’s earnings balance with The Exchange within fifteen (15) business days of the later of (1) receipt of the settled payment proceeds by The Exchange or (2) for online sales, Seller providing The Carter Vintage Exchange with Seller’s Tax Identification Number. The Exchange shall initiate the transfer of balance earnings to Seller’s bank account upon Seller’s request using Direct Deposit or Instant Pay. The Exchange may ask for Seller’s User Information to ensure the transfer and purchase is secure, and may retain the earnings until Seller’s User Information has been verified and confirmed. The Exchange may also hold funds if it receives a notice of fraud, chargeback, invalid account information, court order or governmental request.

11. CITES and Claims Release

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement intended to limit cross-border trade in endangered plants, woods and wildlife.  Among the endangered species included in CITES are all forms of Rosewood including, but not limited to, Brazilian Rosewood, Panamanian Rosewood, Black Rosewood, African Rosewood and Honduran Rosewood. For years, Rosewood has been used to manufacture musical instruments dictating that the cross-border transfer of musical instruments containing even limited amounts of Rosewood may be subject to the prohibitions set forth in CITES. Accordingly, by selling and shipping an instrument internationally, you acknowledge that The Exchange has informed you of the potential prohibitions set forth in CITES.  AS SUCH, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES.  YOU AGREE THAT YOU HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST REVERB RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD REVERB AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS.  YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST THE EXCHANGE WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.

12. Fees Generally

All final fees associated with a transaction and/or shipping are communicated to the User at the time of transaction. Fees are provided at the time of listing for a Seller, but may change subject to shipping, tax, other variable rates or changes made by the Seller. Fees shall be charged upon the sale of an item and will be subtracted from Seller’s earnings upon transaction completion, and will be provided on the sales receipt. The Buyer is presented with the total amount of the order including fees and taxes, in the order summary prior to checkout. The fees will be included in the payment total. It is the Users responsibility to review the fees prior to accepting the final Sales Contract. Learn more about The Exchange Fees in our Help Center.

In general, fees occur as follows:

Shipping Fees. The shipping amount is payable by the Buyer or Seller (the party to the transaction is selected at the time of listing) and may vary based on location or if a service like The Exchange Local is selected. The final fee is communicated at time of transaction. If we are contacted by one of our shipping carriers and/or if The Exchange is charged for postage due to use of incorrect shipping labels or weight classifications, The Exchange may remove the amount paid to the carrier on your behalf from your Account balance or invoice you separately.

Sales and Transaction Fees. The Exchange charges 15% of the item purchase price as a Sales Fee to the Seller for every completed sale.

Cancellation Fees. If a Seller cancels a transaction after the purchase has been initiated but before the transaction is completed, The Exchange may charge a cancellation fee of 5% of the item. This will be subtracted from your balance and/or charged to the credit card on file within 30 days after you receive a notification from us.

Service Fees. The purchase of additional products or services facilitated by The Exchange or offered outside of The Exchange will be communicated at the time of the Service Contract and/or usage and accordingly costs may vary.

Taxes. When you purchase an item, taxes may apply to your purchase (item and/or shipping). Such taxes may vary depending on various factors, including: (i) the price of the item, (ii) the nature and character of the item, (iii) and the delivery location of the item. Applicable taxes will be displayed to Buyers before final commitment to purchase.

13. Payments

The Exchange processes transactions on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument on file. Any payment made in connection with the Service shall be made through The Exchange using its payments processing providers.

Purchases made by the User’s Payment Instrument through the Service are subject to the terms and conditions between Buyer and the issuer (bank) of the Payment Instrument.

By agreeing to these Terms, you authorize The Exchange and/or its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or if you incur additional fees or amounts owed to The Exchange for the Service(s). All associated fees will be provided on the purchase receipt.

Upon completion of the sale, all Seller earnings, minus payment processing and other fees, will settle in the Sellers account. All fees associated with the sale will be provided on the sales receipt.

14. Cancellation of a Transaction; Refunds

Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, The Exchange may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within the expected time frame; or for other reasons The Exchange deems appropriate.

If a Buyer receives an item that is damaged, not as described in the listing, or if they are sent the wrong item, the Buyer must report the problem to The Exchange within 48 hours of receipt of the item, or within such a longer time as required under applicable law. Buyer may use “Contact Us” from the applicable Help Center article or initiate a report directly on their item. The Buyer must NOT rate the Seller if there is an issue. Only items purchased from The Carter Vintage Exchange online store are eligible for a return. Buyers have 48 hours to return an item beginning at the time Buyer receives an instrument. Buyer will be responsible for paying the shipping (including the initial fees paid to ship the instrument to Buyer if Buyer received free shipping on the order), credit card, and processing fees (which includes a 3.5% restocking fee) for returns. Buyer must ship the instrument to The Carter Vintage Exchange to process a proper refund. Upon receiving the returned instrument from Buyer, The Carter Vintage Exchange will inspect the instrument to verify the condition of the instrument. If the instrument is returned to The Carter Vintage Exchange in a condition worse than the instrument was shipped to Buyer, the The Carter Vintage Exchange may assess and deduct the amount of additional fees from the refund amount to Buyer. Items that are hazardous or illegal are not eligible and shall not be returned to the Seller.

Refunds will be issued to the original form of payment, unless a return of the item is not required, the item is not eligible for a return or if a refund is requested after the payment was processed to the Seller. A The Exchange credit may be issued in lieu of a refund to the original form of payment if the Buyer is no longer eligible for a refund, or payment to Seller has completed. Additionally, refunds under a certain dollar amount may be issued in The Exchange Credit rather than requiring a shipping return to the Seller at The Exchange’s discretion.

We do not provide refunds or returns for prohibited items.

Transactions where payment is sent outside of the The Exchange platform are strictly prohibited by The Exchange’s Terms and do not qualify for The Exchange protections or refunds. Listings, acccounts, or profiles soliciting such transactions are subject to removal without notice.

15. Redeeming and Using Earnings; Earnings Limitations

After a transaction is complete, the goods have been delivered to the Buyer, and the 48-hour return window has passed, the Seller may use the earnings balance from the sale to:

  • Deposit in their bank account by requesting a Direct Deposit
  • Receive a check
  • Receive a wire transfer

The Exchange and/or its banks or processors may impose additional limitations on the dollar amount or frequency of bank deposits or use of earnings; these limitations are subject to change without notice. A Seller whose User Information has not been verified and confirmed by The Exchange may not complete a sale through the Service that would result in an Account earnings balance more than $1,900 (one thousand nine hundred dollars) in any 24-hour period, as calculated by The Exchange at its discretion. Other account limitations requiring user verification may vary based on state specific requirements, may relate to tax inquiries and/or fraud related issues and may require verification or other documentation before The Exchange will release earnings. Sellers who successfully verify their identity increase their balance limits and other transactional thresholds on their Account.

16. Transaction Records, Receipts and Customer Service

Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.

Records of your payment transactions through the Service and Account balance transactions will be reflected in your transaction history in your Account. A receipt will also be sent to the email address you provided on your Account.

You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for immediately alerting The Exchange via email at [email protected] or by calling the 1-800 number listed on your receipts and Account statements.

It is your obligation to print or save a copy of your transaction history if desired.

17. No Interest.

The Exchange and its bank do not pay interest to you on earnings or any other funds which are maintained in an Account or otherwise with The Exchange. You assign to The Exchange the right to earn interest on earnings or other funds maintained with The Exchange and its bank, in consideration for your use of the Service.

18. Handling of Coupons

A User may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by The Exchange. The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by The Exchange. To the extent permitted by law or regulation, The Exchange may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. “Coupons” means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by The Exchange, through the Service in accordance with these Terms.

  • A User will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service.
  • A User will not be able to transfer Coupons to any other User or person.
  • The Exchange will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by The Exchange in accordance with applicable laws and regulations.
  • The Exchange will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by The Exchange in accordance with applicable laws and regulations.
  • Coupons expire in accordance with the applicable campaign rules provided by The Exchange. Once expired, Coupons will not be reinstated.

29. Disputes Between Users

Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute escalates to The Exchange, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of The Exchange’s Terms. Items that are eligible for a refund will generally require that the item is returned to the Seller unless the item is considered hazardous, illegal or in violation of other policies.

In the event that a Buyer submits a chargeback or other form of request for payment reversal, The Exchange will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any information to The Exchange within five (5) calendar days of the request. The Exchange reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.

Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Sellers will not be reimbursed for prohibited items.

If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost. The Exchange may participate in the dispute at its discretion. After a transaction is processed, The Exchange is the final arbiter of disputes between Users and The Exchange shall not bear any liability related to such disputes. Buyer Accounts may be closed for filing a chargeback without first filing a dispute against the Seller through the The Exchange Help Center, or for filing false chargebacks.

If you have a dispute with one or more Users, you release The Exchange and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

21. Indemnification; Limitation of Liability

We hope this never happens, but if The Exchange gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending The Exchange to the best of your ability. That means you must assist The Exchange in defending any matter in which you were involved by providing information related to the experience. You must hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.

Liability Limits. To the fullest extent permitted by law, neither The Exchange, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall The Exchange’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid The Exchange in the past twelve months for use of the Service.

Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify The Exchange from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE EXCHANGE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

THE EXCHANGE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. THE EXCHANGE HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.

Limitation of Liability. IN NO EVENT WILL THE EXCHANGE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE EXCHANGE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE EXCHANGE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO THE EXCHANGE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.

FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR THE EXCHANGE ACCOUNT BALANCE, THE SOLE REMEDY AGAINST THE EXCHANGE SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL THE EXCHANGE BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF THE EXCHANGE OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.

THE EXCHANGE SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

THE EXCHANGE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure. The Exchange shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action, war or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; pandemics, labor conditions; power failures and/or internet disturbances.

22. Miscellaneous

  • These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and The Exchange.
  • The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and The Exchange regarding the Service.
  • If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
  • Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
  • The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
  • You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms, or any of our rights and obligations under the Terms, at any time without consent.

Notice

If The Exchange determines that there is a need to notify or contact a User, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the Website, or by other reasonable means. The Exchange shall not be liable for any damages incurred due to the fact that The Exchange’s notice or communication was not received or was delayed.

You may print or download our policies. If you are a California resident, you may also have these Terms sent to you electronically by emailing us a request for these Terms.

Taxes

In general, items purchased by, and shipped to, Buyers in U.S. locations and charges for shipping may be subject to applicable Transaction Taxes (“Taxes”).Taxes are not included in the listed price for any item(s) listed by Sellers; rather Taxes will be separately stated and added to the order total during checkout, if applicable.

Tax amounts may vary based on a few factors such as the nature of the item(s) purchased, the delivery location and the tax rate in effect at the time of the transaction. The tax rate is a combined rate based on the total state and local rates of the location where the item is delivered. The Exchange will collect Taxes from Buyers on behalf of Sellers where required, specifically in those states that require marketplaces to collect Taxes on behalf of Sellers. The collected Tax amounts will be reported by The Exchange and remitted to the appropriate taxing authority on behalf of Sellers. Sellers are responsible for any and all Taxes except to the extent The Exchange chooses or is required to calculate, collect, report and remit such Transaction Taxes according to applicable law.

If you qualify for an exemption from sales tax, The Exchange will accept valid tax exemption documentation entitling such exemption holders to purchase on The Exchange without paying sales tax. Refer to our Sales Tax Policy for information on how to submit your tax exemption documentation.

Alternatively, Buyers may be able to receive a credit for sales tax paid to The Exchange directly from your state. Please consult a tax advisor or your state Department of Revenue as policies differ for each state.

You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service. For more information see our Sales Tax Policy.

W-9 and 1099-K Reporting

  • The Exchange may request certain information from you to comply with IRS and state reporting requirements, including but not limited to, completing W-9 taxpayer identification forms and submitting 1099-K sales reports when required to facilitate The Exchange’s Tax obligations at federal and state levels.
  • Depending on the information submitted on the W-9 form, we may request additional information related to you, your business, or your previous submissions to The Exchange. Failure to provide accurate and timely information may result in limitations being placed on your Account. For more Information see our 1099-K Reporting Policy and Disclosure Information .

Governing Law and Jurisdiction

  • These Terms shall be governed and construed under the laws of Tennessee. Any dispute that arises between you and The Exchange that may not be subject to arbitration and shall be submitted to the exclusive jurisdiction of the state and federal courts in Nashville, Tennessee.

Complaint Notices

  • If you are a California resident, California Civil Code Section 1789.3 allows you to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

23. Legal Disputes and Use of Arbitration

You and The Exchange each agree that any and all disputes or claims at law or equity that have arisen or may arise between you and The Exchange relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court, except that you may assert a claim in small claims court, if it meets the criteria for such. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and The Exchange agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND THE EXCHANGE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE EXCHANGE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures. The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.

All arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must also send a copy of the completed form to The Exchange at the following address in order to initiate arbitration proceedings: Carter Vintage Exchange, 434 Houston St. Suite 131 Nashville, TN 37203.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Tennessee, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same The Exchange User to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. For claims under $10,000, The Exchange will reimburse you for all arbitration fees, including the initial filing fee, if you are deemed the prevailing party by the arbitrator.

Severability. With the exception of any of the provisions in this Policy, if an arbitrator or court decides that any part of this policy is invalid or unenforceable, the other parts of this Policy shall still apply. If an arbitrator or court decides that any of the provisions in this Policy (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this section shall be null and void.

Opt-Out Procedure

IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS ARTICLE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “Terms of Service” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

PROHIBITED CONDUCT

The Exchange may not be used in connection with any product, service, transaction or activity that in general:

  • Violates any law or government regulation, or promotes or facilitates such action by third parties;
  • Is fraudulent, deceptive, unfair or predatory;
  • Causes or threatens to damage The Exchange’s reputation;
  • Violates the terms of any bank, card or electronic funds transfer network;
  • Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability

The Exchange has developed our Prohibited Conduct Policy to prevent any abuse as outlined above and to protect our users from conduct that may cause harm to their experience of using The Exchange or abuse any features of our Service.

By using our Service, you agree to follow the rules and manners as included in our Help Center articles and in our Terms and Policies. By using our Service, you agree not to engage in the following Prohibited Conduct:

  • Using the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  • Posting, uploading, or distributing any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could consider objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, offensive or otherwise inappropriate;
  • Interfering with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law or regulation;
  • Interfering with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect, personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server; use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
  • Performing any fraudulent activity including impersonating any person or entity, claiming a false affiliation to a business, creating a User ID of a business or retail account, accessing any other Service Account without permission, or falsifying your age, date of birth, tax identification number or other information provided to The Exchange;
  • Selling or otherwise transferring the access granted under these Terms or any right or ability to view, access, or use any Material.

The Exchange may take any of the following actions on an account that has violated our Policies or if The Exchange suspects prohibited conduct has occurred:

  • We may contact Users or utilize a third party verification service to verify a User, an account or listing information.
  • The Exchange may remove an item, refuse a user access to or suspend a user from all or part of the Service until the completion of such verification.
  • The Exchange may prohibit a user that is terminated for engaging in any prohibited conduct from using and accessing any future services provided by The Exchange.
  • The Exchange may hold funds after a suspension or termination to cover chargeback/funds reversal risk or refunds arising from Prohibited Conduct as stated in our Terms of Service.

We may update our list of Prohibited Conduct from time to time. The following is a list of actions The Exchange restricts users from participating in:

Transactions:

  • Encouraging payments outside of The Exchange
  • Proposing or completing a transaction in person or off of the The Exchange platform
  • Proposing a trade, exchange, partial exchange, or swap
  • Two members reducing the price of their own items and purchasing from each other
  • Requiring or encouraging a direct transfer of a product
  • Shipping directly from a manufacturer
  • Selecting inappropriately priced shipping labels
  • Proposing payment for all or part of the item on delivery
  • Returns unauthorized by The Exchange
  • Asking a Buyer to rate a transaction before the item is received
  • Using The Exchange for the purpose of money laundering
  • Using The Exchange to buy and sell from yourself, or to send funds to yourself
  • Using The Exchange for the purpose of utilizing shipping labels for your benefit
  • Providing invalid tracking

Accounts:

  • Having multiple The Exchange accounts
  • Creating a new account after being limited or permanently banned
  • Creating a new account to bypass restrictions on another account
  • Earning The Exchange Credits through multiple accounts
  • Impersonating a business or other accounts in your user name or description
  • Providing false information when registering for or validating any account information
  • Providing false information for W-9 or other tax related inquiries

Listings:

  • Listing a Prohibited Item
  • Creating multiple listings of the same item
  • Excessive reposting of previously listed items
  • Listing an item that is not actually for sale
  • Listing items without the intent to sell
  • Listing items with the intent to sell to certain users only
  • Using a stock or advertisement photo as the only image
  • Using photos that you do not own or have not taken yourself
  • Using another member’s photos or words without their consent
  • Using watermarks, symbols or other representation that you are a preferred seller or trusted user or any other statement not specifically curated by The Exchange
  • Listing an excessive amount of search keywords
  • Setting unrelated categories
  • Setting a false brand
  • Listings that do not specify size, color, quantity, etc.
  • Listings that require users to specify size, color, quantity, etc.
  • Listing in auction, raffle, or giveaway format
  • Listing free items for purchase
  • Promoting or advertising the use of The Exchange Credits
  • Listing another user’s personal information in a manner other than specified by The Exchange.
  • Listing a single product with the purchase price divided into multiple parts
  • Listing items not in your possession, shipping from a third party or stating the item will be shipped at a future date

Solicitations:

  • Soliciting users to an external website
  • Soliciting transactions to an external website
  • Soliciting users to provide personal information
  • Soliciting other users to list Prohibited Items or engage in Prohibited Conduct
  • Asking for users to rate before the item is received

Other:

  • Threats
  • Slander
  • Trolling
  • Indecent behavior
  • Spamming
  • Copyright infringement
  • Posting false information
  • Abuse of the invite credits system by offering independent rewards for users signing up
  • Actions for the intentions of dating

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “Prohibited Conduct” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

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PROHIBITED ITEMS

The Exchange prohibits the listing or sale of any item that is set forth in the list of prohibited items. If a Seller lists a prohibited item, it will be deemed to be a violation of our Terms of Service regardless of whether the Seller acted intentionally or not. If The Exchange determines that a listing is in violation or is otherwise inappropriate The Exchange may, at its discretion, remove the listing and cancel any related transactions up to and including termination or suspension.

The Exchange may not be used in connection with any product, service, transaction or activity that in general:

  • Violates any law or government regulation, or promotes or facilitates such action by third parties;
  • Is fraudulent, deceptive, unfair or predatory;
  • Causes or threatens to damage The Exchange’s reputation;
  • Violates the terms of any bank, card or electronic funds transfer network;
  • Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability;

The list of Prohibited Items may be updated from time to time at The Exchange’s discretion. Examples of items that fall under certain categories may also be expanded to provide better communication and context to our users.

The Exchange may not be used to sell any of the following products or services:

  • Anything illegal
  • Drugs including:
  • Illegal drugs or narcotics
  • Prescription medicines or devices, pharmaceuticals, or behind the counter drugs
  • Products, tools, or services specifically offered or intended to be used to create or use drugs
  • Grow ingredients for drugs (such as seeds for cannabis plants)
  • FDA restricted items such as food, homemade food, food supplements, vitamins, diet products, muscle enhancers, home remedies and homemade cosmetics (any ingestibles):
  • Listings or items descriptions that offer miracle cures such as “cancer protection”
  • Listings that make false health claims or misuse terms (such as “virus”, “epidemic”)
  • Items that contain cannabidiol (CBD)
  • Inflated prices where listings attempt to profit from tragedies and disasters (such as “paradise fire”, “coronavirus outbreak” etc.)
  • Stolen goods:
  • Note: If a purchased item is reported as stolen, a demand for return may be received from the victim or another party, and the item may be confiscated according to the regulations of the Code of Criminal Procedure (Act no. 131 of 1948).
  • Counterfeit goods or goods infringing on a third party’s intellectual property rights:
  • Listings of non-brand, non-genuine, imitation, fake, or replica
  • Items in violation of a copyright, including handmade, or other items with copyrighted characters, brand logos, etc.
  • Note: For brand-name products, serial numbers or receipts must be available when listing the item.
  • Weapons including:
  • Firearms and firearm parts; including airsoft and bb guns
  • Ammunition and ammunition components
  • Knives, such as switchblades, hunting knives, pocket knives, butterfly knives, knives that are concealed or hidden within other objects, or are made of materials that cannot be detected with a metal detector.
  • Explosives or military ordinance
  • Self defense items, including military-grade items.
  • Alcohol
  • Tobacco products:
  • Cigarettes
  • E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine or are associated with tobacco or nicotine usage
  • Vaporizing liquid without nicotine
  • Items used for identity theft (such as account credentials, user login information, and/or account access codes)
  • Any item that contains a computer virus, malware, or spyware
  • Digital items - any items where the order is fulfilled electronically or requires a download . such as:
  • Ebooks, PDF files, user generated content (UGC) or items for online games
  • Items not in your possession:
  • Dropshipping
  • Advertisements or listings for objects being sought
  • Items you do not currently have, or that are on order, or will be shipped at a future date
  • Coupons to purchase products
  • Items that are a safety hazard
  • Restricted from shipping in the mail or other delivery services
  • Products that have been recalled by the Consumer Product Safety Commission
  • Note: Flammable or combustible liquids and any other items that require special mailing or handling instructions must be sent using the ship on your own option.
  • Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (such as “mod chips” to break the encryption on game computers to allow the playing of unlicensed game copies)
  • Age restricted products or products that require a legal approval, seller/buyer registration or licenses to be sold
  • Gambling, including using this service for raffles and mystery purchases, or selling lottery tickets and pull tabs.
  • Regulated financial products and services such as:
  • Bonds, securities, warranties and insurance
  • Cryptocurrency
  • Currency exchange
  • Buying and selling gift cards or prepaid cards
  • Selling precious metals, including gold, silver, and platinum sold in any medium.
  • Selling loose (unset) precious gemstones such as rubies, sapphires, diamonds, and emeralds.
  • All live animals
  • Taxidermy, wet specimens or trafficked materials (such as ivory or shark fins)
  • Note: Bones, claws, pelts, and teeth are permitted if they are not from protected species
  • Humans, human body parts, organs, cells, blood, body fluids, and items that are soiled with human materials such as used underwear
  • Explicit items:
  • Pornographic or obscene materials
  • Sexually related items such as sex toys and fetish items
  • Offensive listings:
  • Items, listings, photos or content that promote or glorify hatred, violence, racism or discrimination aren’t allowed (determined at our discretion).

Note: Any item may be removed at the discretion of the company.

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “Prohibited Items” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

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ELECTRONIC COMMUNICATIONS POLICY

This policy describes how The Exchange delivers communications to you electronically. We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we posted.

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your The Exchange account (“Account”) and your use of our Services where legally permissible. Communications include:

  • Agreements and policies you agree to (e.g., the The Exchange Terms of Service and the The Exchange Privacy Policy), including updates to these agreements or policies;
  • Transaction receipts or confirmations;
  • Account statements and history; and
  • Statements, notices, and information we are required to make available to you under Federal and state law.

We will provide these Communications to you by posting them on the The Exchange website, by adding to your account notifications and/or by emailing them to you at the primary email address listed in your The ExchangeConsign From Home profile.

Updating your contact information

It is your responsibility to keep your primary email address up to date so that The Exchange can communicate with you electronically. You understand and agree that if The Exchange sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, The Exchange will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add The Exchange to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address or street address at any time by logging into the The Exchange app, going to “My profile”, and selecting the “Settings” tab. If your email address becomes invalid such that electronic Communications sent to you by The Exchange are returned, The Exchange may deem your Account to be inactive, and you will not be able to transact any activity using your The Exchange Account until we receive a valid, working primary email address from you.

Hardware and software requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

  • A computer or mobile device with an Internet connection;
  • A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
  • Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
  • A valid email address (your email address on file with The Exchange); and
  • Sufficient storage space to save past Communications or an installed printer to print them.

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from The Exchange. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

Consent requirements

We will continue to send paper copies of documents through U.S. Postal Service where required by law or regulation. Separate consent will be required to receive electronic tax statements.

You may withdraw your consent to receive some Communications electronically by writing to us at Attn: Compliance Electronic Communications Delivery Policy, 434 Houston Street, Suite #131. Nashville, Tennessee 37203 or by contacting us via the “Contact Us” box in the Help Center on the The Exchange App and website.

Requesting paper copies of electronic communications

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file address in your The Exchange user profile. If you request paper copies, you understand and agree that The Exchange may charge you a Records Request Fee for each Communication.

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “Electronic Communications Policy” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

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DMCA/COPYRIGHT NOTIFICATION POLICY

The Exchange respects the intellectual property rights of its Users and we comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512 et. al., as amended). It is our policy to respond promptly to any claim that content posted on our App or through our Services infringes copyrighted or other intellectual property. The Exchange will use reasonable methods to investigate notices of alleged infringement and will take appropriate action under applicable laws. To notify The Exchange of a possible infringement, you must submit a written notice. Any notice of possible copyright infringement must include the following information:

(1) an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyrighted or intellectual property;

(2) a description of the copyright-protected work or other intellectual property that you allege has been infringed;

(3) a description of the material that you claim is infringing and where it is located on the App or Service;

(4) your contact information, including at a minimum your mailing address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the use of the materials on the App or Service is not authorized by the copyright owner, its agent, or the law; and

(6) a statement by you that the information in your notice is accurate, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


If you believe that a DMCA Notice has been submitted in error, and that your posting was not infringing, you may contact our Designated Copyright Agent at the contact information provided above to submit a written counter-notification. Under the DMCA, a counter-notice must include the following information:

(1) your physical or electronic signature;

(2) an identification of the material that was removed and the location at which the material appeared before it was removed;

(3) a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material (whether or not it was intentional);

(4) your contact information, including at a minimum your mailing address, telephone number, and email address; and

(5) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provided is located (or, if you live outside the United States, the U.S. District Court for the Middle District of Tennessee) and that you will accept service of process from the person who provided the DMCA Notice or an agent of such person.

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “DMCA/Copyright Notification Policy” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

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SAFETY GUIDELINES

We strive to provide a safe, secure, and fun marketplace for buyers and sellers. If a transaction goes sour, someone is attempting to deceive others, or if you notice any Prohibited Items or Prohibited Conduct, just send us a message via the in-app Help Center and we’d be happy to help.

Online safety:

  • Don’t share your personal contact information, such as phone number or email address with anyone. We can’t help with interactions outside of the The Exchange website.
  • Communicate with your buyer or seller through our in App messaging feature, to ensure there is a record of it.
  • Use a credit card instead of a debit card for online purchases. Credit cards often have better security features and purchase protection, and your credit provider is more likely to offer reimbursements for fraudulent purchases.
  • Come up with a great password and change it frequently. Passwords that are non-dictionary phrases and include numbers and special characters are the strongest. Do not use the same password for more than one account or repeat passwords.
  • Never share your The Exchange account or password with anyone, including third-party websites. We will never ask you for your password.
  • Do not click on emailed links and login to your Account from clicking a link. The most secure way to log into your Account is by going directly to The Exchange website and logging in from there.
  • If you allow your children to use your account, closely monitor their purchases and interactions with sellers.
  • Before buying online, read the listing and look at the photo(s) carefully. Read the reviews left for the seller. Ask the seller any questions before you make payment.
  • Report any questionable or prohibited items through the Report link in the item listing page.

Financial safety:

  • Never give out your personal financial (payment) information or contact information to another user, especially if they are asking for it outside of our website.
  • To protect you from becoming a victim of fraud, transactions must be done through The Exchange website. We do not support or protect transactions where payment is transmitted outside of the App or our site.
  • Avoid transferring money to someone you do not know, for scenarios that seems “too good to be true” or to help resolve an “urgent” situation supposedly involving a friend or loved one. This may involve a request to rate an item you have not yet received.
  • Routinely check your financial statements for questionable activity. Contact The Exchange immediately if you see any unauthorized charges.
  • Thoroughly inspect the item upon delivery. Buyers have 3 days from delivery to request a return. Once the 3 days have passed or the buyer has rated the transaction, all sales are final.
  • Test the item prior to rating your seller, especially for expensive items or electronics.
  • Some phone carriers are able to check if a phone has been identified as stolen.
  • Luxury brands often have trademark information available online to verify authenticity or use The ExchangeConsign From Home Authenticate if possible.
  • If you suspect that you may be a victim of fraud or other criminal activity, please contact us or report your suspicions to law enforcement.

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “Safety Guidelines” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

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LAW ENFORCEMENT AND INFORMATION REQUESTS

Requests for customer information

Per our Privacy Policy and Terms of Service, The Exchange does not release non-public information about our customers unless it is lawfully requested (for example, via subpoena, court order, or search warrant). When presented with an official legal request, we will disclose specifically requested information so long as we are reasonably able to locate and retrieve it.

If you are a member of law enforcement or another government agency and wish to request specific customer information via an official legal process, please provide as much information as possible to help us identify the relevant account(s) and/or transaction(s) in question. We are unable to process overly broad or vague requests.

Any official legal request should also include the following information so that we can verify its origin:

  • Agency name
  • Agency official email address
  • Agent name and badge/ID number
  • Agent official email address
  • Agent Phone number (+ extension, if applicable)
  • Verifiable physical return address
  • Case reference number or other case identifying parameter

Please note that acceptance of legal process by us is for convenience and does not waive any objections including, but not limited to, lack of jurisdiction, lack of verification of subpoena, or proper service. Requests submitted through email will result in a faster response, as mail may cause delays. Subpoena processing may be subject to a $25 per hour fee. The Exchange will not respond to correspondence sent by non–law enforcement/government agencies, or individuals.

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “Law Enforcement And Information Requests” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

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SALES TAX POLICY

Most U.S. states have enacted marketplace facilitator tax laws that impact online marketplaces such as The Exchange. These laws shift tax collection responsibilities from third party sellers to the marketplace facilitating such transactions. As a result, The Exchange began calculating, collecting, reporting, and remitting applicable sales tax on behalf of our third-party sellers in the marketplace states listed in the table below.

State and local sales tax laws are subject to change and we will let you know when any changes occur.

All applicable sales taxes are reflected as separate line items on the purchase receipt(s) of the buyer and it is the buyer’s responsibility to pay all taxes due.

The Exchange does accept federal and state issued sales tax exemptions. Buyers claiming an exemption from sales tax must provide the appropriate tax exemption documentation to The Exchange for review and, once validated, we will update your account accordingly to reflect the exemption.

How Tax is Calculated

State and local sales tax rates vary and the actual amount of tax applied to your order depends on many factors including:

  • The final total item price
  • The nature of the item purchased (taxable or non-taxable item)
  • Separately stated shipping charges (taxable or non-taxable charges)
  • The shipment or delivery location of the item

Given these factors, sales tax amounts are not displayed at item listing rather the actual sales tax amounts to be charged are displayed to the buyers before their purchase. The tax rate applied to an order is the combined state and local rate of the address where your order is delivered.

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “Sales Tax Policy” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

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REFUNDS AND RETURNS POLICY

The Exchange provides an online marketplace for consumers. Refund requests are processed by The Exchange in line with e-commerce requirements and in accordance with our Terms of Service (TOS).

Policy

The company established a return policy that addresses both parties of the transaction, the Buyer and the Seller. If Buyers have an issue with an item that they received, the Sellers, our agents, and/or our systems can decide if an item is eligible for a return and/or a refund. Buyer may receive a refund to the originating payment instrument, funds added to balance, or a The Exchange “account” credit (account credit) depending on eligibility. Buyers must initiate a refund and return request. Buyers may have a number of issues with the item that they received. The Buyer must initiate a refund and return request by contacting The Exchange through the Order Status or the Rating Page within 48 hours of delivery. Issues raised through other channels or through other forms or after 48 hours may not be considered for returns.

Eligibility

The Buyer may be eligible for a refund for the following reasons:

  • Doesn’t match listing
  • Possibly not authentic/ counterfeit
  • Doesn’t work
  • Damaged
  • Item is incomplete
  • Wrong item

The Buyer must provide complete, accurate answers to specific questions about the received item and provide each specific photo requested, both of which may vary depending on the type of issue the Buyer is presenting. Other issues may be raised during this process that may/may not result in a return or refund.

Evaluation

The Exchange evaluates the issue presented to determine if the item is as described or warrants a return or refund. In some cases, The Exchange may share the Buyer’s Issue with the Seller to understand the Seller’s perspective in the issue evaluation process. Sellers may dispute the request and provide additional information. The Exchange may also have the Buyer and the Seller discuss and attempt to resolve the issue independently.

The Buyer and/or Seller may be asked to provide the following additional information as part of the evaluation:

  • Provide photos to show the entire item(s) received
  • Highlight the problem area (when applicable)
  • Provide photos of the packaging and full shipping label
  • Serial number or IMEI number (when applicable)
  • Other information as warranted

Refunds - Under Nominal Amount

Refunds under a nominal are issued as an account credit upon issue review by The Exchange, expiring in 90 days, unless the Buyer requests to have the funds added to the account balance or processed back to the original form of payment. The item may not be required to be returned to the Seller. Requests for other payment forms must be made within 3 days of return approval and before credits are used.

Returns and Refunds - Over Nominal Amount

Refunds will be initiated to the original form of payment no later than five (5) business days after confirmation from the Seller that the item was returned by the Buyer to the Seller.

  • For approved returns, Buyer pays for shipping labels, unless the item received is not as described in the item listing and Consign From Home provides a free shipping label to the Buyer. The Buyer has three (3) calendar days to mail the item back or the Return can be nulled. In the event that the item is shipped but cannot be delivered to the Seller, the Buyer will be refunded 10 days after approval.
  • Refunds are also issued to the cardholder if the bank or issuer provides adequate evidence that the purchase was made without the cardholder’s knowledge.
  • Refunds will be processed no later than 10 days after a written refund request has been received and substantiated.
  • If a refund request is received after the transaction has been processed outside of our Return Policy timeframe, a refund to the original form of payment may not be available. In that case, an account credit may be made.
  • Returns are reviewed by the Seller. The Seller has 24 hours from receipt to inspect the item before the refund is issued to the Buyer.
  • The Seller may file a “Return Condition Dispute” and provide evidence of the condition or other claims which will be investigated before a refund can be issued. In such cases, the item may not be eligible for a refund to the Buyer.

Post Rating Refunds

An exception may be made in the event that Buyer can prove that an item was

  • Stolen
  • Counterfeit
  • Up to 30 days after delivery of the item to the Buyer, the payment has already been released to the Seller, so a refund to the original form of payment is not available and The Exchange may refund the Buyer through an account credit. The item will not be returned. The credit is issued as an exception and will expire in 90 days.

Return Condition Disputes

When the Seller receives an item back from the Buyer, the Seller has 24 hours from the time of delivery to review the item and let The Exchange know that it was different from how it was sent. Sellers must request help from the Order Status Page or Help Center and completely and accurately provide the information and photos requested. The Exchange agents will review the request and may provide a partial or full credit to the The Exchange account.

All Sales Final

The Exchange does not accept Returns or issue a refund if the 48-hour return window has passed and payment has been released to the Seller or in the following circumstances:

  • Returned request approved, but Buyer does not return the item back to the Seller after seven days from receiving.
  • If the Buyer does not contact The Exchange within the Return timeframe when Returns are accepted upon Seller’s approval.
  • Prohibited, hazardous or illegal items are not eligible for a return

Any exceptions to the All Sales Final policy will result in an account credit that expires in 90 days.

Returns Abuse

Abuse of refunds and returns may, at The Exchange’s discretion, result in account limitation(s) and/or legal action.

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “Refunds And Returns Policy” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

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1099-K REPORTING POLICY AND DISCLOSURE INFORMATION

If a seller meets the threshold requirements for tax reporting in a calendar year, The Exchange will generate a Form 1099-K for the seller, file it with relevant taxing authorities, and provide the seller access to it (or deliver copies of it). These threshold requirements relate to reportable payment transactions under Internal Revenue Code 6050W.

1099-K reportable payment transactions include the following details for completed transactions:

  • item price
  • buyer-paid shipping
  • associated sales tax
  • merchant fees

A transaction completes on the date when a seller rates the order – or when The Exchange auto-rates the order after a prescribed period of time. This also marks the point when net sales proceeds are added to the seller’s The Exchange balance. The total gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts, or any other amounts after completion.

Some states have their own tax reporting thresholds. These could be different from the federal threshold mandated by the Internal Revenue Service. Whenever a seller meets the federal threshold, The Exchange will also file copies of Form 1099-K with state taxing authorities that have 1099-K filing requirements. Consult your tax advisor to determine any thresholds that may exist and apply to you in your state.

When you submit an electronic substitute Form W-9 through your The Exchange account’s Tax Center, you have the option to have 1099-Ks delivered electronically or by physical mail. The user can change their 1099-K delivery method preference until January 7 of the year after they met the federal 1099-K tax reporting threshold. (More details are included in the Disclosure Information section below.)

All Form 1099-Ks will utilize the unique The Exchange user account number that is generated – and permanently connected – to your account when you create it. All affiliated and attributable tax reporting information will be associated and reported exclusively at this account level.

If you discover an issue with your reported 1099-K, contact The Exchange via the Help Center . Provide details about the issue, so that we can work to correct your Form 1099-K.

If you have already submitted a Tax Identification Number for W-9/CIP purposes, the information should not be changed. (This is because The Exchange accounts are non-transferrable.) A change of Tax Identification Number can occur when you would like to change your account from an individual (using an SSN) to a business (using an EIN). In this case, the individual must be the owner of the business and be authorized to utilize the EIN. The Exchange may review the EIN and business information for confirmation. Likewise, you may switch from an EIN to an SSN if the business has been dissolved and you wish to continue selling under their own SSN. These are the only cases where the information can be changed.

Users cannot transfer account ownership to another individual.

The Exchange recommends you monitor unadjusted gross sales and transactions over the course of the calendar year.

All tax documentation and statements provided by The Exchange do not constitute, nor should be construed as, legal or tax advice. Please consult your tax advisor, accountant, or the Internal Revenue Service for assistance in utilizing your Form 1099-K when filing tax returns.

The Exchange may hold, remit, and report user funds if it receives a government notice or as part of a government process.

Questions, Concerns, Requests

If you have any questions, concerns or requests, please contact us in our Help Center within the website or directly at [email protected]. Please reference “1099-K Reporting Policy and Disclosure Information” in the subject line of your inquiry. You may also contact us at THE NORTH AMERICAN GUITAR LIMITED DOING BUSINESS AS THE CARTER VINTAGE EXCHANGE, 434 HOUSTON STREET, SUITE #131. NASHVILLE, TENNESSEE 37203.

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