Legal

Terms of Service.

Draft pending outside counsel review. Sections 2, 5, 6 and 8 (venue, payment agent and holding period, fees, store credit, taxes, claims and payment disputes) are drafted in full; the remaining sections are placeholders. Not a binding agreement until published as final.

Draft v0.2 · Last updated September 16, 2026 · Effective date TBD

1. Acceptance of Terms

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2. The Exchange Is a Marketplace Venue

Enthusiast Exchange (the “Exchange”) is operated by Enthusiast Enterprises, Inc. (“EEI”, “we”). The Exchange is a venue where sellers list used wheels, tires, suspension and related parts and buyers purchase them. The seller is the seller of record of every item: the seller sets the price, describes the item and its condition, ships it and stands behind that description. EEI is not the seller of any listed item unless a listing says so.

Listings, messaging and order records are provided through Sharetribe, a marketplace platform we license. Card payments are processed by Stripe on EEI’s account under Section 5. Neither Sharetribe nor Stripe is a party to the sale between a buyer and a seller.

3. Accounts, Eligibility & Verification

[Drafting note: one EEI login (SSO); seller KYC via Stripe Identity; 18+]

4. Listings & Condition Disclosure

[Drafting note: cross-reference Marketplace Rules; condition report is part of the sale contract]

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5. Offers, Purchases, Payment & Escrow

5.1 Offers are binding

An offer accepted by the other party is a binding agreement to buy and sell at that price. The buyer has 24 hours to pay; if payment is not completed, the acceptance lapses, the listing reopens and the missed payment is recorded on the buyer’s account.

5.2 You pay EEI, not the seller

When you buy on the Exchange your payment is made to EEI. Your card is charged by EEI through Stripe, EEI’s payment processor; EEI never stores your card number. Any EE Store Credit you apply is taken from your Enthusiast Wallet at the same moment.

5.3 EEI is the seller’s payment agent

Each seller appoints EEI as its limited agent for the sole purpose of receiving, holding and settling payments from buyers for items the seller sells on the Exchange. A buyer’s payment to EEI is payment to the seller: once EEI has received it, the buyer has satisfied their payment obligation for that order, and the seller’s recourse for that payment is against EEI and not against the buyer. EEI holds these funds for settlement to sellers and refunds to buyers under these Terms and does not lend or invest them for its own account before settlement.

5.4 The holding period (“escrow”)

EEI holds the payment until the item is delivered and the buyer’s 48-hour inspection window has closed, or the buyer releases it earlier, or a claim under Section 8 is resolved. “Escrow” on the Exchange means this contractual holding period administered by EEI as payment agent; it is not a licensed escrow or trust service, and no interest accrues to buyers or sellers on held funds.

5.5 Settlement to sellers

When the holding period ends EEI settles the seller’s proceeds — the sale price less any seller-selected costs and fees under Section 6 — either as EE Store Credit in the seller’s Enthusiast Wallet or, where the seller chose cash for that listing, by transfer to the seller’s connected Stripe account. Sellers who choose cash must complete Stripe’s identity and bank verification before a cash settlement can be made; until then their proceeds settle as EE Store Credit.

6. Fees, Payouts, Store Credit & Taxes

6.1 Buyers

Buyers pay the item price plus any shipping and shipment-protection amounts shown at checkout. The Exchange charges buyers no marketplace fee.

6.2 Seller payout options

For each listing the seller chooses how to be paid: (a) EE Store Credit, 100% of the net proceeds; or (b) cash to the seller’s bank, the net proceeds less an 8% cash payout fee. The choice can be changed until the item sells. Seller-selected costs — a prepaid shipping label, shipment coverage, a box kit, or an optional Boost placement fee of 2% to 6% — are shown before the listing is published and deducted from the proceeds at settlement.

6.3 EE Store Credit and the Enthusiast Wallet

EE Store Credit is a closed-loop store credit issued by EEI. It can be spent only on purchases on the Exchange and on participating Enthusiast Enterprises sites. Store credit has no cash value and cannot be redeemed for cash, transferred or sold to another person, or converted into a bank payout. It is not a deposit, a bank account or an investment, and it does not earn interest. Credit earned from your sales and credit returned to you by a refund do not expire. Promotional credit granted by EEI may carry an expiration date and conditions, which are disclosed when it is granted. Your balance is shown in your Enthusiast Wallet and recorded in EEI’s ledger. EEI may suspend the use of a wallet while it investigates fraud, a payment dispute or a violation of these Terms. Where the law of your state treats an unused balance as unclaimed property after a period of inactivity, EEI will attempt to contact you before any balance is reported or remitted as that law requires.

6.4 Taxes

Sellers are responsible for any income or other taxes on their sales. EEI may be required to report a seller’s gross payments — including proceeds settled as EE Store Credit — to the IRS and to state tax authorities on Form 1099-K when reporting thresholds are met, and may require a seller to provide a taxpayer identification number (Form W-9) before further settlements once the seller approaches those thresholds. Where EEI is required to collect sales tax as a marketplace facilitator, the tax is added at checkout and remitted by EEI.

7. Shipping & Risk of Loss

[Drafting note: 5-day ship window; carrier coverage; packaging standards]

8. Claims, Refunds & Payment Disputes

8.1 Claims

A buyer may open a claim within 48 hours of delivery if an item is not as described, was damaged in transit, is the wrong item or never arrived. Claims are decided on evidence — the listing’s condition report, the buyer’s photos, carrier records and the parties’ messages. The seller is asked to respond within 24 hours. A claim ends with a full refund to the buyer, a release of the payment to the seller, or a partial refund the buyer and seller agree on. EEI’s decision on a claim is final within the Exchange’s claims process; Section 12 governs anything beyond it.

8.2 Refunds go back the way you paid

A refund returns each part of your payment to where it came from: the amount charged to your card goes back to that card, and any EE Store Credit you applied goes back to your Enthusiast Wallet. EEI does not convert a card payment into store credit. Card refunds usually appear within five to ten business days, depending on your bank.

8.3 Payment disputes with your card issuer

Because EEI is the party that charged your card, a dispute filed with your card issuer is a dispute against EEI. You agree to use the Exchange’s claims process before disputing a charge with your card issuer. If you dispute a charge while a claim is open, or after a claim has been decided, EEI will answer the dispute with the order record: the listing and its condition report, delivery confirmation, the messages between the parties, the claim evidence and the ruling. Filing a dispute that contradicts a ruling, or filing one instead of using the claims process, may result in the suspension of your account. Where a dispute is decided against EEI because a seller misdescribed an item or failed to ship it, EEI may recover the amount from that seller’s pending settlements or Enthusiast Wallet.

Terms of Service.

1. Acceptance of Terms

2. The Exchange Is a Marketplace Venue

3. Accounts, Eligibility & Verification

4. Listings & Condition Disclosure

5. Offers, Purchases, Payment & Escrow

5.1 Offers are binding

5.2 You pay EEI, not the seller

5.3 EEI is the seller’s payment agent

5.4 The holding period (“escrow”)

5.5 Settlement to sellers

6. Fees, Payouts, Store Credit & Taxes

6.1 Buyers

6.2 Seller payout options

6.3 EE Store Credit and the Enthusiast Wallet

6.4 Taxes

7. Shipping & Risk of Loss

8. Claims, Refunds & Payment Disputes

8.1 Claims

8.2 Refunds go back the way you paid

8.3 Payment disputes with your card issuer

9. Prohibited Items & Conduct

10. Intellectual Property

11. Disclaimers & Limitation of Liability

12. Dispute Resolution & Governing Law

13. Changes to These Terms