Customer dispute resolution procedures

The following Customer Dispute Resolution Procedures govern Resolve’s management of disputes between Customers and Merchants relating to specific transactions processed through the Services. Capitalized terms, unless otherwise defined herein, shall have the same meaning as in the Merchant Agreement (the “Agreement”) between Resolve and Merchant.

Except as otherwise expressly set forth in the Agreement, Merchant agrees that any disputes arising from or otherwise related to a Customer’s use of the Services or Customer transactions with Merchant will be treated in accordance with the procedures set forth below. Resolve may modify these Customer Dispute Resolution Procedures, from time to time, in its sole and absolute discretion, upon at least thirty (30) days’ prior written notice to Merchant.

Disputes should be directed to [e-mail].

1. Customer Disputes.

Merchant shall direct any Customer written or verbal inquiry, complaint or dispute about Resolve’s Services related to the origination, terms or servicing of any credit provided to a Customer by Resolve (each, an “Resolve Dispute”) directly to Resolve for resolution. Additionally, Resolve may receive written or verbal inquiries or complaints from Customers about a product or service purchased from Merchant using Resolve’s Services. In such case, Resolve shall, in the first instance, direct any such verbal inquiries or complaints about a product or service purchased from Merchant directly to Merchant for resolution. If Customer is unable to resolve their inquiry or complaint with the Merchant directly within a reasonable time, then Resolve may, but is under no obligation to, initiate a formal dispute (each, a “Merchant Dispute”). In such case, Resolve shall investigate Resolve Disputes and Merchant Disputes as set forth below. The initiation of an Resolve Dispute or a Merchant Dispute in no way alters the parties’ rights and responsibilities under this Agreement or the rights and responsibilities between Resolve and Customers, unless otherwise stipulated.

2. Merchant Disputes. Types of Merchant Disputes include, but are not limited to:

• Product not received. Customer claims that they have not received a product they purchased from Merchant’s website.

• Product unacceptable. Customer claims that a product they received is incorrect, damaged, or otherwise fails to conform to the product description on the Merchant’s website.

• Cancellation or return not processed. Customer claims that they were charged for a product or service they cancelled or returned in a manner consistent with Merchant’s stated refund and return policy in effect at the time of Customer’s purchase.

• Incorrect charge. Customer claims that they were charged an incorrect amount.

• Duplicate charge. Customer claims they were charged multiple times for an item or an order.

3. Resolve’s Investigation of Disputes.

Resolve will use commercially reasonable efforts to resolve Disputes that Resolve has elected to investigate directly with Customer.

Customers shall have fifteen (15) days from the payment due date of transaction to request that a Merchant Dispute with respect to such transaction be initiated by Resolve, subject to the conditions set forth herein. After initiating a Merchant Dispute, Resolve will: (a) promptly inform Merchant of such Merchant Dispute by forwarding the dispute to Merchant along with any supporting evidence provided by Customer, and (b) withhold the disputed amount until such Merchant Dispute is resolved. Both Merchant and Customer shall have fifteen (15) days from the initiation of a Merchant Dispute to respond and/or provide supporting evidence, after which time Resolve shall have fifteen (15) days to review the Merchant Dispute and communicate its resolution to Merchant and Customer. Resolve will consider all evidence provided by Customer and Merchant within the time frame set forth above in its investigation of Merchant Disputes. The table below illustrates common examples of evidence that a Merchant may present in order to support its claim(s).

Dispute Type and Merchant Rebuttal Evidence

Product not received

• Proof of delivery by a carrier, and such proofbears the date the item was shipped, the recipient’s address and proof thatthe recipient’s address matches the address provided by the Customer duringcheckout. Examples include shipping/tracking details from UPS, USPS or FedExthat shows product arrived at the correct address.

• Formal claim filed by Merchant with a carrier regarding to incorrect, improper or failed delivery.

Product unacceptable

• Proof that the product delivered to Customer was not materially different than the advertised product.

• Proof of a genuine product or certificate of authenticity provided by the issuer or sealed by a reputable appraiser or auction house.

• Statement that Merchant shipped to Customer product that was merchantable and that the product shipped did not materially differ from the advertised product.

Cancellation or return not processed

• Copy of Merchant’s refund/return policy including screenshots, if posted on Merchant’s website.

• Statement identifying Merchant's relevant refund/return policy provision(s) and specifying the reason(s) Customer did not qualify for a refund/return.

• Proof of delivery to Customer.

• Statement stating that Customer did not return the product.

Incorrect charge

• Screenshot of website or other documentation reflecting the price of the product advertised on the date of purchase.

• Itemized invoice reflecting all taxes, shipping charges, and discounts that Merchant applied to Customer’s purchase.

Duplicate charge

• Screenshot of website or other documentation reflecting the price of the product advertised on the date of purchase.

• Itemized invoice reflecting all taxes, shipping charges and discounts applied to Customer’s purchase.

Other

• Documentation reflecting information in dispute, copies of relevant policies and procedures, proof of delivery, affidavit by Merchant regarding the product or service in question, itemized invoices and any other evidence.

4. Resolution.

Resolve will resolve all Merchant Disputes in favor of the party that best substantiates its claim(s). If Resolve resolves a Merchant Dispute in favor of Merchant, Merchant will not be liable for any amount of principal or interest related to the disputed transaction, and any funds withheld related to the disputed transaction shall be released. If Resolve resolves a Merchant Dispute in favor of Customer, Resolve shall refund the disputed amount to Customer. In such an event, Merchant shall reimburse Resolve for the amount refunded to Customer. If Merchant wishes to contest Resolve’s resolution of a Merchant Dispute, Merchant may submit a written rebuttal along with any supporting evidence to Resolve promptly following resolution.