Terms of Sale, Shipping, and Dispute Resolution

Terms of Sale, Shipping, and Dispute Resolution

Propelas.com | Propelas LLC

1. Platform Role and Legal Status

Propelas.com functions solely as a marketplace connecting independent buyers, sellers, and service providers.
Propelas LLC does not assume ownership, possession, or control of any listed items unless expressly stated in a signed written agreement.

Users acknowledge that Propelas.com serves as a technology intermediary and is protected under 47 U.S.C. §230 with respect to third-party content and transactions.

2. User Agreement

By accessing or using Propelas.com, users agree to these Terms, including policies on Shipping, Disclosure, Dispute Resolution, and Arbitration.
Electronic consent constitutes a binding agreement under the E-SIGN Act (15 U.S.C. §7001).

3. Seller Obligations

Sellers are required to:

  • Provide accurate product descriptions, original images, and serial numbers where applicable.
  • Guarantee legal ownership and authority to sell listed goods.
  • Ship exclusively via traceable carriers (UPS, FedEx, USPS, or approved freight partners).
  • Provide shipment proof including:
    • Tracking number
    • Packaging photos
    • Shipping label or receipt
    • Delivery confirmation (POD) with signature for orders exceeding $250 USD
  • Ship within the stated handling time or face penalties, including payout restrictions or account suspension.

4. Shipping Liability Disclaimer

All shipments are arranged, fulfilled, and insured by the seller.
Propelas LLC is not liable for lost, delayed, stolen, or damaged items, misdelivery, customs issues, or carrier negligence.
Responsibility for shipping-related claims lies solely with the seller and/or the selected carrier.

5. Buyer Obligations

Buyers must:

  • Provide a valid and deliverable shipping address.
  • Inspect items upon delivery.
  • Report any dispute (damage, misrepresentation, or non-delivery) within 48 hours of carrier delivery confirmation, pursuant to Florida UCC §672.

Failure to report within 48 hours constitutes acceptance of the item.

6. Payments, Escrow, and Fund Release

Payments may be held in escrow pending delivery verification.
Funds are released to the seller when:

  1. Delivery is confirmed by the carrier with valid tracking and POD.
  2. No dispute is filed within 48 hours of delivery confirmation.

If a dispute is filed, funds remain in escrow until resolution.

7. Evidence Requirements in Disputes

Acceptable evidence includes:

From the seller:

  • Tracking information
  • POD with signature
  • Packaging photos
  • Shipment timestamp

From the buyer:

  • Unboxing photos
  • Damage documentation
  • Carrier correspondence
  • Proof of incorrect delivery

A signed delivery confirmation creates a legal presumption of successful delivery unless rebutted by compelling evidence.

8. Internal Dispute Process

  1. Buyer submits a claim within 48 hours.
  2. Seller must respond within 72 hours.
  3. Propelas.com reviews submitted evidence.
  4. A decision is issued or mediation is offered.
  5. If unresolved, binding arbitration applies.

Propelas.com may restrict accounts or retain evidence if fraud is suspected.

9. Anti-Fraud Enforcement

In cases of fraud, deception, or bad-faith dispute activity:

  • Accounts may be permanently suspended.
  • Funds may be reversed or forfeited.
  • Cases may be reported to law enforcement and financial institutions.
  • Legal action may be pursued for damages and investigative costs.

10. Indemnification

Users agree to indemnify and hold harmless Propelas LLC, its officers, affiliates, and partners from any claims arising from:

  • Listings, product quality, shipping failures, fraud, customs issues, personal injury, or misrepresentation by users.

This includes legal expenses and attorney fees.

11. Limitation of Liability

To the fullest extent permitted by law:

Propelas LLC shall not be liable for indirect, incidental, or consequential damages.
Maximum liability shall not exceed:

  • The transaction amount, or
  • The service fees collected from the seller within the past 12 months.

12. No Product Warranty

All transactions are conducted “as-is.”
Any product warranty is offered solely by the seller, not by Propelas LLC.

13. Arbitration and Class Action Waiver

All disputes shall be resolved through binding arbitration under the Federal Arbitration Act (9 U.S.C. §1 et seq.), administered by AAA or JAMS.
Users waive the right to:

  • Jury trial
  • Class action participation
  • Collective arbitration

All proceedings shall be conducted on an individual basis only.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Florida.
Legal proceedings not subject to arbitration shall be exclusively heard in Miami-Dade County, Florida, USA.

15. Compliance with Consumer Protection Laws

Propelas.com operates in compliance with the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
Sellers are strictly prohibited from engaging in deceptive trade practices.

16. Electronic Records and Validity

All records, notices, and agreements conducted on the platform are legally binding under the E-SIGN Act.

17. Modifications

Propelas.com reserves the right to update these Terms at any time, with notice posted on the platform.