Welcome to the Restocks Marketplace. Restocks, Inc. (“Restocks”, “we”, or “us”) has provided this marketplace to allow users to keep tabs on popular, new release, and hard-to-find products and inventory from a wide variety of brands and online stores, make purchases, and sell items to other marketplace users (the “Services”) through our Restocks mobile application (the “App”). Users can also access the marketplace and certain Services through our website located at http://restocks.io (the “Site”). The Services, Site, and App are together referenced as the “Marketplace”.
The Terms will govern your access to, and use of, the Marketplace. By using any of the Services, the Site, or the App, you agree to these Terms as a binding legal agreement between you and Restocks.
We may change these Terms from time to time. Restocks reserves the right, in our sole discretion, to modify, discontinue, or terminate any part of the Marketplace, or to modify these Terms, at any time without prior notification to you.
If we do modify the Terms, we will post a notification of any changes or modifications to these Terms on the Site, through notice on the App, or to the email address you use to register a Restocks account. We will also update the “Last Updated Date” at the top of these Terms.
Except as otherwise stated in these Terms, by continuing to use or access the Marketplace after we have provided you with notification of changes to our Terms, you agree to be bound by the modified Terms.
If you do not agree with our Terms, you should not use the Marketplace.
In order to access certain features of the Marketplace, you may be required to register to create an account (your “Account”) as a “Registered User”.
To complete the registration process, you must provide us with a valid email address and a user password. To take part in certain parts of the Marketplace as a buyer or seller, you may need to provide additional required information such as billing address, shipping address, or a phone number where you may be reached.
You must be at least 13 years of age to be a Registered User. If you are not at least 13 years old, your Account will be void. By completing the registration process to create an Account, you represent and warrant that you are at least 13 years old, and that any required registration information you provide is true, accurate, complete, and current.
We reserve the right to suspend or terminate your Account for any reason within our sole discretion, including but not limited to, providing us with false, inaccurate, incomplete, or outdated registration information. You are responsible for updating your Account’s registration information to keep it true, accurate, complete, and current.
Do not disclose your passwords to any third-parties. You are responsible for maintaining the security of your passwords. You are solely responsible for your Account and all activity or actions that take place in connection with your Account, whether or not you have authorized them.
If you know or suspect there has been any unauthorized use of your Account, you must report the incident to us immediately by contacting Restocks support at [email protected].
If you are a Registered User, you may link your Account with your accounts on third-party social networking services, such as Instagram, FB, Twitter (each, an “SNS”). If you link your Account to an SNS, we may collect personal information such as your name, profile picture, email address which you provided to the SNS, and any other information you make publicly available about yourself through the SNS. We may use any of your SNS account information as part of your Account information, as well as to log you into parts of the Marketplace.
Be advised that any information we collect from an SNS will depend on the privacy settings you set with the SNS. Your ability to connect your Account with an SNS will depend on their terms and conditions of service. Your relationship with any SNS will be governed by their terms and conditions of service.
Your License. By becoming a Registered User, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable, license to access, view, and print any text, graphics, images, software, audio, video, and other information (“Content”) available on the Marketplace solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display or perform, transmit, or otherwise exploit any part of the Marketplace or the Content found therein, except as expressly permitted in these Terms. You receive no other rights or licenses to the Marketplace or Content found therein except as expressly granted in these Terms.
Your Content. By becoming a Registered User, Registered Users grant Restocks a worldwide, irrevocable, perpetual, non-exclusive, transferable, sublicenseable, and royalty-free license to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display or perform, transmit, and otherwise exploit any Content the Registered User posts, uploads, publishes, submits, or transmits to any part of the Marketplace (“User Content”). Except in regards to your Feedback (defined below) to us, Restocks will not have or claim any ownership rights in any of your User Content, and nothing in these Terms restricts any rights that you may have to use or exploit your User Content. You are solely responsible for all Registered User Content that you make available through the Marketplace. By submitting any Content to the Marketplace, you represent and warrant that: (a) you are the owner of the Content, or that you have all necessary rights, licenses, consents, or permissions to submit the Content, and to grant the licenses to Restocks and other users under these Terms; and (b) your, our, or other users’ use of your Content in the Marketplace will not infringe or violate any third-party’s intellectual property right or right of publicity or privacy, or otherwise violate applicable law.
Links. Certain part of the Marketplace may contain links to third-party websites or resources which we do not own or control. Restocks will not be responsible or liable for (a) the availability or accuracy of third-party websites or resources; or (ii) the Content, products, or services on or available from third-party websites or resources. Any links to third-party websites or resources provided by Restocks are for your information and convenience only, and does not imply any endorsement or guarantee by Restocks that those websites or resources, or the Content, products, or services available therein are correct or accurate. You agree that it is your sole responsibility to verify the accuracy of any third-party website or resources linked to the Marketplace, or their Content, and that you assume all risk arising from your use of any such websites or resources.
If you have any feedback, comments, suggestions for improvements (“Feedback”) to any part of the Marketplace, you can submit the Feedback to us at [email protected].
Any Feedback you give to us, including any Content you include with the Feedback, will become our sole and exclusive property. By submitting any Feedback to us, you irrevocably assign to Restocks all of your right, title, and interest in and to the Feedback (including any Content you include with the Feedback), including but not limited to, all worldwide patent rights, copyright rights, trademark rights, trade secret rights, and other proprietary or intellectual property rights therein.
You agree that you will execute all documents and take all reasonable further action, at our sole cost and expense, we reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.
Restocks respects the intellectual property rights of our users and third-parties. We expect you to do the same.
Restocks has adopted a policy to terminate, in appropriate circumstances, users who are repeat infringers.
Please see our Copyright Policy at https://www.restocks.io/dmca for more information about how we protect copyrighted materials available on the Marketplace.
The Marketplace, and all Content made available through the Marketplace are protected by the patent, copyright, trademark, and other intellectual property laws of the United States and those of similar effect in other countries.
Except as otherwise stated in these Terms, Restocks and its licensors exclusively own all right, title, and interest in and to the Marketplace, including all associated intellectual property rights.
All trademarks, logos, service marks, trade names, company names or product names displayed through the Restocks marketplace are the property Restocks or their respective owners.
You may not remove, alter, or obscure any notice of copyright, trademark, or other proprietary right which are included or placed within the Marketplace, or any Content found therein. Except as otherwise permitted in these Terms or applicable law, you may not use any trademark, logo, service mark, trade name, company name, product name, or domain name without the owner’s express, prior consent.
There are specific rules you must follow (these “Rules of Acceptable Use”) as a Marketplace user. You agree that you will not do any of the following:
Restocks reserves the right, but does not have the obligation, to investigate any and all suspected violations of these Rules of Acceptable Use, and to prosecute them to the fullest extent of the law. We may involve, share information with, and cooperate with law enforcement authorities in order to prosecute users who violate these Rules of Acceptable Use.
Restocks reserves the right to immediately suspend or terminate a user’s use or access the Marketplace, or remove or disable access to any Content uploaded, without prior notice, in addition to all other remedies we may have or deem appropriate, if we suspect there has been a violation of these Rules of Acceptable Use.
Our Services allow you to purchase items through the Restocks App and/or Site. You can also sell items you purchased (each, a “Sales Item”) to other users of the Marketplace. The following rules apply to our Services and all transactions for Sales Items made on the Marketplace (each, a “Sales Transaction”).
Our Services Fees. Registration for the Marketplace and use of our Site and App is free. However, we may charge fees and commissions for certain Services and on Sales Transactions between our users. Unless otherwise indicated, all fees we charge are in U.S. dollars. We reserve the right to change or discontinue some or all of our Services fees, on a permanent or temporary basis, in our sole discretion, subject to our notice to you. If we decide to change our fees, we will post notice of those changes and when they will go into effect.
Sales Transactions. Each Sales Transaction is made between users. Restocks is not the seller of Sales Items, and only provides Services to buyers and sellers. To maintain the integrity of our Marketplace, you may not buy or sell, or attempt to buy or sell, Sales Items to other Marketplace users outside the Marketplace, or through services which Restocks does not make available through the Marketplace. If you enter into any Sales Transaction with another user, you will be forming a binding agreement with that user, and we expect you to honor your commitments to complete the sale.
For Sellers: You must have the legal authority to sell any Sales Items you list for sale. Any information you include with the item, such as descriptions, graphics, photos, and other Content, about the Sales Item must be complete, truthful and accurate, and you represent and warrant to all buyers that you have the right to sell the item and that the information you provided is complete, truthful and accurate.
For Buyers. Unless a Sales Transaction is prohibited by law or violates these Terms, you must complete payment for any Sales Transaction you enter. Restocks does not guarantee any Sales Items or that their descriptions are complete, truthful or accurate. You should review each Sales Item description carefully before entering any Sales Transaction.
Payment. Restocks does not process payments for Sales Transactions directly. We work with Stripe for payment processing. In order to complete any Sales Transaction, you may be required to register with Stripe, and provide them with information they need to process payment for your Sales Transactions.
Shipping. Unless a Sales Transaction is prohibited by law or violates these Terms, sellers must promptly ship any Sales Item as soon as it is sold.
Restocks Commissions. Restocks will take a commission from each Sales Transaction. Our commission will be deducted from the total sale amount for each Sales Item sold. Our commissions are subject to change at our sole discretion.
Taxes & Compliance. You are responsible for complying with all applicable laws and regulations regarding your Sales Items and Sales Transactions, and for paying any and all federal, state, and local taxes which may apply to a Sales Transaction.
Returns & Refunds. Unless a seller agrees otherwise, all sales are final and returns or refunds will not be accepted unless a dispute report is submitted to us (see below).
Disputes with Users. If you experience any issues with a Sales Transaction and you either cannot contact or resolve the issue with the other party, you may submit a dispute report to Restocks. All dispute reports must be sent within 10 days after purchase, or 2 days after the item is received, whichever is sooner, in order to be eligible for review. If we determine that your Sales Transactions is eligible for dispute resolution and we agree to mediate your dispute, we will notify both parties that Restocks will be reviewing the dispute. Restocks will review all messages between the parties to assess the dispute report. You agree to cooperate with us throughout the dispute resolution process, and to provide all information we reasonably request, such as proof of payment or proof of delivery. If you fail to respond as requested, or do not respond within 48 hours of any request, we may close the matter in favor of the other party.
Restocks may withhold payments to sellers in a dispute for up to 90 days, or until the dispute is resolved. If a dispute is reported after payment for a Sales Transaction has already been released to a seller, we may place a hold on the seller’s account or withhold other payments (up to the value of any amount in dispute) until the dispute is resolved. We may close your dispute report if you are a buyer and you have either filed a chargeback with your credit card provider, or, received a refund from us, the seller, or our payment processor.
If we agree to mediate your dispute, you agree to accept our decisions as final and binding. We reserve the right to terminate any user’s Account if we reasonably determine that the user (a) has failed to cooperate in the dispute resolution process; (b) has not sold or delivered the Sales Item to the buyer as promised; (c) has not paid for the Sales Item, or wrongfully initiated a chargeback for payment; or (d) has initiated a false report to us.
If a seller provides a counterfeit item, an item in a different condition than described in the listing or attempts to defraud any buyer or Restocks, Restocks reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of seller’s listings from the Services; (ii) cancel any or all of seller’s orders pending through the Services; (iii) withhold any payments due to seller; (iv) place limits on seller’s buying and selling privileges; (v) charge seller’s credit card for costs, expenses and fees incurred by Restocks as a result of seller’s action or inaction, including charging seller for the cost of replacement items, reprinting fees incurred by Restocks, rerouting charges imposed by carriers, and refunds to the buyer; (vi) ship the item back to the seller at the seller’s cost; (vii) and temporarily or permanently suspend seller’s account. Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon Restock’s discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g., negligent fraud).
If a buyer receives an item that it believes to be counterfeit, the buyer must notify Restocks in writing within 2 days after receiving the item, and we will commence an investigation into the item. The buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, or delivering the item back to us, at our direction. We will refund all fees and costs paid by the buyer for the item (including shipping and handling).
You may terminate your account at any time by contacting [email protected].io from the email address linked to your Account. We reserve the right to suspend, disable, or terminate your Account in the event you breach any of the Terms, such as the Rules of Acceptable Use, without prior notice to you. If we discontinue or withdraw any Services, we will give you reasonable notice so that you can download or recover any of your affected User Content.
The Restocks Marketplace is a platform to receive information about goods and inventory from third-party businesses, make purchases from third-party websites, and for buyers and sellers to transact with one another. While Restocks makes every effort to ensure any information we display on the Marketplace is accurate and complete, to help mediate your disputes with other users, and to only accept users who agree to our Rules of Acceptable Use, we cannot guarantee the existence, quality, safety or legality of any items advertised; the truth or accuracy of users' listings; the performance or availability of any third-party websites, products, or services, or the truth or accuracy of any Content or information contained therein; the ability of sellers to sell items; the ability of buyers to pay for items; that a buyer or seller will actually complete a Sales Transaction or return an item; or, the legal transfer of an item from seller to buyer.
For that reason, THE RESTOCKS MARKETPLACE AND ALL CONTENT AVAILABLE THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT OF THE LAW, RESTOCKS EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RESTOCKS MAKES NO WARRANTY THAT ANY PART OF THE MARKETPLACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RESTOCKS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PART OF THE MARKETPLACE OR ANY SALES ITEM PURCHASED OR SOLD THROUGH THE MARKETPLACE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE ON THE MARKETPLACE.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS OF, YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE RESTOCKS MARKETPLACE. RESTOCKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING MARKETPLACE USERS OR THEIR CONDUCT. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MARKETPLACE.
IN NO EVENT WILL RESTOCKS (INCLUDING, FOR THE PURPOSES OF THIS SECTION, ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SHAREHOLDERS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, OR FOR SERVICE INTERRUPTIONS, HOWEVER ARISING, AND WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISE OUT OF OR IN CONNECTION WITH THE RESTOCKS MARKETPLACE OR THESE TERMS, EVEN IF RESTOCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
RESTOCKS’ TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE RESTOCKS MARKETPLACE OR THESE TERMS SHALL NOT EXCEED (A) THE UNDISPUTED AMOUNTS PAID TO RESTOCKS FOR USE OF THE MARKETPLACE OR SERVICES AS TO WHICH A CLAIM ARISES; (B) AS TO ANY CLAIM RELATING TO A SALES TRANSACTION, THE COMMISSION PAYABLE TO RESTOCKS THEREFOR; OR (C) ONE HUNDRED DOLLARS, WHICHEVER IS GREATEST. RESTOCKS SHALL NOT BE LIABLE TO YOU FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH YOUR INABILITY TO USE THE SERVICES OR ANY OTHER PART OF THE MARKETPLACE OR ANY CONTENT AVAILABLE THEREIN AS A RESULT OF SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR ACCESS TO THE MARKETPLACE, OR FOR ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME, UNAVAILABILITY OR INOPERABILITY OF THE SERVICES FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL.
Neither party will have any liability to the other for any failure of performance caused by acts of God, natural disasters, war, acts of terrorism, riots, labor disputes, civil or military authority, or other causes beyond our reasonable control, except for payment obligations.
You agree to defend, indemnify, and hold Restocks (including for the purposes of this section, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders) harmless from any claims, actions, suits, losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to, or arising out of, or in any way connected to, your access or use of the Restocks Marketplace or any Content available therein, including but not limited to (a) your breach of these Terms, the Rules of Acceptable Use, or any document or policy incorporated by reference into these Terms; or (b) your use or misuse of, or access to, the Services, Content (including any Restocks Content), or User Content belonging to you or another user. Notwithstanding your obligation to indemnify Restocks, we will have sole control of the defense to any claim brought against us, in which case you agree to assist us and cooperate in the defense to the claim.
Informal Resolution. You and Restocks agree to attempt to resolve any dispute, claim, or controversy arising out of, or relating to these Terms, including its breach, interpretation, or validity, or use of the Marketplace (each, a “Dispute”) by informal resolution. You may contact us at [email protected] to bring notice of any Dispute you may have with Restocks.
Binding Arbitration. If you and Restocks are not able to resolve any Dispute informally, you and Restocks agree that the Dispute will be settled by binding arbitration, except that each party reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction, without having to post bond therefor, in order to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
You further acknowledge and agree that you and Restocks waive the right to a trial by jury, or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Further, unless both you and Restocks otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Disputes Resolution” section will be void. Except as provided in the preceding sentence, this “Disputes Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Disputes Resolution” section. A copy of the AAA Rules are available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf, and you may receive more information by calling the AAA at 1 (800) 778-7879.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written “Demand for Arbitration” as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Restocks otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Restocks submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Any arbitrator's award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Restocks waives all rights it may have under applicable law to recover attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Restocks will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.
Changes. Notwithstanding the provisions of the “Changes to the Marketplace and the Terms” section above, if Restocks changes this “Disputes Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the effective date of the change, as indicated in the “Last Updated Date” above, or the date of Restocks' notice to you of such changes. By rejecting any change, you are agree that you will arbitrate any Dispute between you and Restocks according to the “Disputes Resolution” section of these Terms as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms and any action arising out of, or related to these Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree to accept the jurisdiction and venue of the state and federal courts located in the Northern District of California, and each party waives any objection to jurisdiction and venue in such courts. However, if either party seeks injunctive relief to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, patents or other intellectual property, such relief may be sought in any court having jurisdiction over the parties.
These Terms constitute the entire and exclusive understanding and agreement between Restocks and you regarding its subject matter, and supersede and replace any and all prior oral or written understandings or agreements between Restocks and you regarding its subject matter.
These Terms are binding upon and inure to the benefit of the parties, their respective successors and permitted assigns. The rights granted to you under these Terms are personal, and you may not assign or transfer these Terms or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Any purported assignment or delegation in violation of this section will be null and void. Restocks may assign or transfer these Terms or any of our rights, obligations, or licenses under these Terms at any time in our sole discretion, without restriction and without prior notice to you.
Any notice to you which is related to these Terms may be provided by Restocks to the email address you provided when registering your Account. We may also provide you notice via notifications to the App, or by posting to the Site.
You may provide notice to Restocks by emailing us at [email protected] from the email address you provided when registering your Account, or by using any functionality we may provide for users to contact us through the App or Site.
Any email notices will be effective on the date they are delivered.
Any failure by Restocks to enforce any right or any provision of these Terms will not constitute a waiver of our right to future enforcement of that right or provision. Any Restocks waiver must be made in writing and signed by a duly authorized Restocks representative.
Except as otherwise stated in these Terms, if a court of competent jurisdiction or the arbitrator to any Dispute finds that any provision of these Terms, or compliance by any of the parties with any of its provisions, is unlawful or unenforceable, the provision will be modified to the extent required to make it lawful and enforceable and effect the intent of the parties. If such modification is not possible, the unlawful or unenforceable provision will be severed from the Terms and the remaining provisions will remain in full force and effect to the maximum extent consistent with applicable law.
If you have any questions or comments about these Terms, the Marketplace, or our pricing and fees, please visit our FAQ page at https://get.restocks.help/hc/en-us/categories/202632048-Restocks-FAQ, or email us at [email protected]. You can receive our current mailing address and phone number for any questions by emailing Restocks support.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.