Terms of Service

Last updated: July 1, 2021

Introduction

WheelPrice is a third-party marketplace that connects automotive enthusiasts looking to sell, search, and buy wheels. We do not assume liability for products and solely act as a connecting marketplace online.

Fees

WheelPrice will collect a 7% fee from sellers and a 3% fee from buyers for each completed auction transaction.

Listing

When listing, please include as much information as possible so other enthusiasts have a clear understanding of the product they are purchasing.

Refunds/Cancellations

Refunds and cancellations should be handled on a case-by-case basis and mutually agreed upon by both the buyer and seller. Users should notify relevant parties as quickly as possible if they need to cancel or request a refund. We are not responsible for refunds or cancellations and do not offer a guarantee, so we can only process refunds through Stripe with both party consent (see below for the legal version of this policy).

Legal Terms Of Service

These terms of service ("TOS") are a legal agreement between you, an individual or entity ("You"), and WheelPrice ("WheelPrice"), governing the use of the www.wheelprice.com website ("Site") and the files, information, products and services on the Site (collectively, the "Service").

BY USING THE SERVICE, YOU AGREE TO THE TOS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICE FOR ANY PURPOSE.

The TOS may be changed at any time and notice of such changes shall be given by posting updated TOS on the Site. Your continued use of the Site thereafter constitutes acceptance of the updated TOS.

1. Definitions

"User" or "Buyer" means a user of the Service that is searching for wheels to purchase. "Seller" means an individual listed on the product for sale, including but not limited to wheels.

2. Limited License

WheelPrice grants You a limited, revocable license ("License") to access and use the Service to (a) view and bid on wheels for your own personal use, and (b) post wheels for sale, subject to these TOS.

3. Fees

WheelPrice charges a 7% fee to sellers and a 3% fee to buyers for each completed transaction.

4. Cancellations

The Service facilitates wheel sales between Sellers and Buyers. Any cancellation of a wheel purchase after payment has been sent shall be governed by the seller's policies mentioned on their listing.

5. Content

You may create an account for the Service that allows you to upload certain content ("Content") for your account profile or wheel listings. By uploading Content, You (a) represent that (i) the Content is consistent with the Acceptable Use provision below, (ii) is accurate, and (iii) you have proper ownership or license to grant WheelPrice the following license to use Content; (b) grant to WheelPrice a worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use the Content in the provision of Service. We will treat Content provided by You in accordance with our Privacy Policy, which is hereby incorporated by reference.

6. Compliance With Laws

You are responsible for complying with all laws, including without limitation federal, state, and local laws, and local business permitting, registration, and fee requirements.

7. Acceptable Use

As a condition of your license to use the Service, you agree that you will not do any of the following:

  • Age Restriction: Use the Site if you are under the age of 18 or otherwise unable to enter into binding legal agreements
  • Product Listings: Make listings for anything other than wheels
  • Accurate Information: Make listings for wheels with inaccurate information or details, including information and details pertaining to the origin of the listing or your affiliation with the wheels
  • Account Security: Share your account or password with others
  • Lawful Use: Use the Service unlawfully or for an unlawful purpose
  • Content Standards: Transmit any Content that is illegal, abusive, harassing, racist, hateful, sexually explicit, pornographic, obscene, or in our sole discretion objectionable
  • Harassment: Stalk, harass, or harm another individual
  • Identity: Impersonate another, misrepresent or falsely identify yourself
  • System Interference: Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service
  • Server Load: Take any action that imposes an unreasonable or disproportionately large load on the servers the Service is hosted on
  • Data Collection: Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users
  • Misrepresentation: Give the impression that they emanate from us, if this is not the case

8. Auction Participation

By participating in an auction on WheelPrice, you agree to comply with the following terms:

  • Eligibility: Only registered users may participate in auctions
  • Bidding: All bids placed are binding and cannot be retracted. Ensure you review the item and bid responsibly
  • Winning Bid: The highest bid at the close of the auction period will be deemed the winning bid
  • Payment: Winning bidders are required to complete the transaction within 48 hours of auction close. Failure to do so may result in account suspension or termination
  • Seller Responsibilities: Sellers must accurately describe auction items and are responsible for the fulfillment of the transaction post-auction
  • Disputes: Any disputes arising from auctions should be addressed directly between the buyer and seller. WheelPrice is not liable for any disputes but may assist in mediation if necessary

9. Auction Fees

WheelPrice reserves the right to charge fees for listing items in auctions. Any applicable fees will be clearly stated before the auction listing is finalized.

10. Limitation of Liability

IN NO EVENT SHALL WHEELPRICE, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR OUR SERVICE. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

11. No Warranty

THE SERVICE IS PROVIDED "AS IS". WHEELPRICE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, WHEELPRICE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICE.

12. Indemnity

The Service is a platform to connect Sellers and Buyers. Any agreement to purchase wheels is a contract between Sellers and Buyers. WheelPrice does not guarantee the accuracy of any listing or the performance of either party. Any breach of a purchase agreement for wheels, any damages done to wheels, or any other dispute between a Seller and Buyer is a dispute directly between such parties. You agree to indemnify and hold harmless WheelPrice for any dispute arising from or in connection with any other user of the Service.

13. Term and Termination

The term of these TOS ("Term") shall commence upon Your initial use of the Service, and shall continue until terminated in accordance with these TOS. The TOS and the Limited License set forth in Section 2 shall terminate upon any of the following:

  • Written notification by WheelPrice that, in WheelPrice's sole determination, a material breach of the TOS has occurred