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Authenticate Terms and Conditions

LIABILITY, SCOPE AND APPLICATION OF TERMS AND CONDITIONS

These Terms and Conditions (hereinafter “Terms”) apply to the process of third-party authentication of the goods you, as a Delows Seller, intend to list for sale through Delows. As part of our Delows program we offer Delows Authenticate (“Authenticate”) which provides a means to authenticate certain items through a third-party service provider; Real Authentication (“RA”). RA is a team of independent, third-party authenticators. RA is not related to nor are they agents of Delows. Their Terms and Conditions are available here: https://www.realauthentication.com/terms-and-conditions.
- Upon authentication by RA, Delows does not represent, warranty or guarantee the item to be authentic. The purpose of authentication is to ensure that standards of conformity for the product are met. Further, Delows does not offer a money back guarantee, regardless of RA’s determination of authenticity. Delows does not indemnify the seller, buyer, or any other consumer or customer from subsequent claims. Some items are eligible for a Certificate of Authenticity (certificate) from RA which may be purchased for an additional fee.
- Some of the categories of items that complete the Authentication process by RA are not eligible for a certificate. While meeting the standards of authenticity through the authentication process, these items would be required to be inspected in person to qualify for a certificate and that is not yet available as a service through RA. The level of service is determined by RA and dependent on the category of the item being reviewed. Please check the landing page for categories and brands.
- RA’s services are limited to providing an independent opinion pertaining only to the authenticity of the item submitted by the seller (e.g., whether or not the item is counterfeit, a replica, copy, homemade, or otherwise produced by any entity other than the brand it purports to be) and providing a certificate upon request and/or purchase for eligible items Neither RA nor Delows take possession of the item(s) as part of the authentication process.
- Delows has no input, standing or liability with regard to the determination of authenticity made by RA. RA is not an agent of Delows. Delows does not take possession at any time of the item being authenticated and/or sold. The only information Delows passes to RA are the photographs and the seller ID (a unique number used to identify the seller, which has no meaning outside of this process).
- Neither Delows nor RA are affiliated with, or endorsed by, any of the brands being authenticated, sold, or otherwise processed through Delows Authenticate.
- Delows’s Terms of Service, Privacy Policy and other Agreements continue to apply, in addition to these Delows Authenticate Terms and Conditions, which specifically apply to the authentication process conducted by RA. If not otherwise addressed herein, the terms, as laid out in Delows’s Terms of Service or the relevant agreement, apply. Terms not otherwise defined herein shall have the meaning as set forth in Delows’s Terms of Use.

THE AUTHENTICATION PROCESS
- Real Authentication (“RA”) is the third party responsible for authenticating your item(s). Delows does not provide any opinion, undertake any role, or assume any liability for RA’s authentication of any item(s) or related outcomes.
  - RA is an independent third-party that provides authentication services. They are not associated or a partner with any of the brands for which they provide these services.
- For most sellers, listing your item using the Authenticate service on Delows is optional.
- However, in some cases, your item MUST use the Authenticate service.
  For example, if the listing price is above a certain dollar threshold or for certain brands.
- If a seller opts-in to Authenticate or the item MUST use the Authenticate service to be listed on the Delows platform, the seller will follow the same process, described in the next section.
- If based on the price point, category or other factors, completing the Authenticate service is required to list the item and a user purposely avoids the process through any means, their account may be suspended or closed.

PROCESS OF AUTHENTICATION
- Whether your item must use the Authenticate service to be listed on Delows or you opt-in to do so, the experience is the same.
  - When you are finished creating your listing, after tapping “List,” a series of Authenticate instructional pages will appear, guiding you through the process.
  - These pages will provide you additional information about what you will need to do and what you can expect from getting your item authenticated, like categories, pricing, and time to provide a decision.
  - Take photographs of your item that adhere to the guidelines below. Doing so helps expedite the evaluation process.
    - Copyright/Legitimacy. When submitting photos for authentication (or for your listing):
      - They must be photos YOU take.
      - Do NOT use publicly-available photos or those from the Brand’s website or advertisements.
      - You must take pictures of the actual item you list.
    - Image Quality:
      - Must be clear and close up.
      - Use natural light to reduce blurriness and capture detail.
      - Providing high resolution images will help speed up RA’s authentication process.
    - Image Content.
      For all categories of items, you must submit all photographs required by Delows in the listing flow. This may include photos such as:
      - Front
      - Back
      - Logos
      - Serial Number or Codes
      - Hardware Engraving
      - “Made in” Tags
- During the authentication process, the potential statuses are:
  - Pending Review – RA is still reviewing
  - More info needed – User needs to provide additional information

CATEGORIES AND BRANDS
- The Authenticate services are limited to certain categories, which will be updated from time to time. Brands available through the Authenticate service will vary depending on the category of product. For a current list of categories and brands refer to the Delows Authenticate page. DELOWS RESERVES THE RIGHT TO REVISE THIS LIST AT ANY TIME.

TIMING
- In most cases, RA will provide you with a decision regarding the authenticity of your item within 24 hours. RA may require additional photos to make a final decision. Time does not begin to accrue until RA has received all required images and the images are of sufficient clarity.

FEES
- Fees will be communicated at the time of checkout. Separate fees will be charged for the Authenticate service and associated certificates, if available, on a per item basis.
  - Fees are charged at the time of RA’s authentication decision.
  - Fees apply both to approved and rejected authentication. If the results of RA’s analysis result in an “Inconclusive” decision, you will not be charged.
  - Items may not be bundled for purposes of authentication. Each item must be submitted as a separate request to RA.

RESULTS FROM AUTHENTICATION PROCESS
- The potential outcomes after third-party authentication are:
  - If RA determines your item is authentic, you will be provided a virtual “authentication badge” that can be displayed on your item’s listing. The Badge may only be used for that item which has been verified by RA and is only available on Delows.
  - The authentication badge does not indicate that the Seller is verified; it is specific to a luxury good item for which pictures were sent, and the badge is just for that particular item.
  - Delows does not have the ability to alter, edit, or award an authentication badge. The Badge is not issued by Delows and any related decisions are within the sole power of RA, as third-party authenticators.
- “Rejected”: RA determined the item is not authentic or legitimate for the brand it is claimed to be.
- “Inconclusive”: RA could not determine authenticity.
  - An item may be reviewed by Delows for a second chance to be able to list it. However, even if determined to be authentic, it will not receive the item authentication badge.
  - You may list your item elsewhere (off-Delows) if RA cannot authenticate.

Safety Guidelines

We strive to provide a safe, secure, and fun marketplace for buyers and sellers. If a transaction goes sour, someone is attempting to deceive others, or if you notice any Prohibited Products or Prohibited Behavior , just send us an email or a message via the in-app Help Center and we’d be happy to help.

Online safety:

Don’t share your personal contact information, such as phone number or email address with anyone. We can’t help with interactions outside of the Delows App or website/marketplace
Communicate with your buyer or seller through our in App messaging feature, to ensure there is a record of it.
Use a credit card instead of a debit card for online purchases. Credit cards often have better security features and purchase protection, and your credit provider is more likely to offer reimbursements for fraudulent purchases.
Come up with a great password and change it frequently. Passwords that are non-dictionary phrases and include numbers and special characters are the strongest. Do not use the same password for more than one account or repeat passwords.
Never share your Delows account or password with anyone, including third-party websites. We will never ask you for your password.
Do not click on emailed links and login to your Delows account from clicking a link. The most secure way to log into your Delows account is by going directly to Delows.com and logging in from there, or accessing through the App.
Make sure to download our official App from the Apple App Store or the Google Play App Store, where the developer of the App is Delows, Developers other than Delows are not verified.
If you allow your children to use your account, closely monitor their purchases and interactions with sellers.
Before buying online, read the listing and look at the photo(s) carefully. Read the reviews left for the seller. Ask the seller any questions before you make payment.
Report any questionable or prohibited items through the Report link in the item listing page.

Financial safety:

Never give out your personal financial (payment) information or contact information to another user, especially if they are asking for it outside of our App or site.
To protect you from becoming a victim of fraud, transactions must be done through the App or site. We do not support or protect transactions where payment is transmitted outside of the App or our site.
Avoid transferring money to someone you do not know, for scenarios that seems “too good to be true” or to help resolve an “urgent” situation supposedly involving a friend or loved one(s). This may involve a request to rate an item you have not yet received.
Routinely check your financial statements for questionable activity. Contact Delows immediately if you see any unauthorized charges.
Thoroughly inspect the item upon delivery. Buyers have 14 days from delivery to request a return. Once the 14 days have passed or the buyer has rated the transaction, all sales are final.
- Test the item prior to rating your seller, especially for expensive items or electronics.
- Some phone carriers are able to check if a phone has been identified as stolen.
- Luxury brands often have trademark information available online to verify authenticity or use Delows support team if possible.

If you suspect that you may be a victim of fraud or other criminal activity, email us or report your suspicions to law enforcement.

Updated: 01/01/2023

DMCA/Copyright Statement

Delows respects the intellectual property rights of its Users and we comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512 et. al., as amended). It is our policy to respond promptly to any claim that content posted on our App or through our Services infringes copyrighted or other intellectual property. Delows will use reasonable methods to investigate notices of alleged infringement and will take appropriate action under applicable laws. To notify Delows of a possible infringement, you must submit a written notice to our Designated Copyright Agent using the following address, email or web form: Delows, Attn: Designated Copyright Officer 46-E Peninsula Center, Unit 444, Rolling Hills Estates, CA 90274 Email us at: dmca@Delows.com You may also use our form. Any notice of possible copyright infringement must include the following information:

(1) an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyrighted or intellectual property;

(2) a description of the copyright-protected work or other intellectual property that you allege has been infringed;

(3) a description of the material that you claim is infringing and where it is located on the App or Service;

(4) your contact information, including at a minimum your mailing address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the use of the materials on the App or Service is not authorized by the copyright owner, its agent, or the law; and

(6) a statement by you that the information in your notice is accurate, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that a DMCA Notice has been submitted in error, and that your posting was not infringing, you may contact our Designated Copyright Agent at the contact information provided above to submit a written counter-notification. Under the DMCA, a counter-notice must include the following information:

(1) your physical or electronic signature;

(2) an identification of the material that was removed and the location at which the material appeared before it was removed;

(3) a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material (whether or not it was intentional);

(4) your contact information, including at a minimum your mailing address, telephone number, and email address; and

(5) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provided is located (or, if you live outside the United States, the U.S. District Court for the Northern District of California) and that you will accept service of process from the person who provided the DMCA Notice or an agent of such person.

Electronic Communication

This policy describes how Delows delivers communication to you electronically. We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we posted.

You agree and consent to receive electronically all communication, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Delows account (“Account”) and your use of our Services where legally permissible. Communications include:

Agreements and policies you agree to (e.g., the Delows Terms of Service and the Delows Privacy Policy), including updates to these agreements or policies;
Transaction receipts or confirmations;
Account statements and history; and
Statements and information we are required to make available to you under Federal and state law.

We will provide these Communications to you by posting them on the Delows website, by adding to your account notifications and/or by emailing them to you at the primary email address listed in your Delows profile.

Updating your contact information

It is your responsibility to keep your primary email address up to date so that Delows can communicate with you electronically. You understand and agree that if Delows sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Delows will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Delows to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address or street address at any time by logging into the Delows app, going to “My profile”, and selecting the “Settings” tab. If your email address becomes invalid such that electronic Communications sent to you by Delows are returned, Delows may deem your Account to be inactive, and you will not be able to transact any activity using your Delows Account until we receive a valid, working primary email address from you.

Hardware and software requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

A computer or mobile device with an Internet connection;
A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
A valid email address (your email address on file with Delows); and
Sufficient storage space to save past Communications or an installed printer to print them.

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Delows. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

Consent requirements

We will continue to send paper copies of documents through U.S. Postal Service where required by law or regulation. Separate consent will be required to receive electronic tax statements.

You may withdraw your consent to receive some Communications electronically by writing to us at Attn: Compliance Electronic Communications Delivery Policy, 46-E Peninsula Center, Unit 444, Rolling Hills Estates, CA 90274 or by contacting us via the “Contact Us” page or links on Help Center page on the Delows App and website.

Requesting paper copies of electronic communications

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file address in your Delows user profile. If you request paper copies, you understand and agree that Delows may charge you a Records Request Fee for each Communication.

Updated: 01/01/2023

Prohibited Products

Delows prohibits the listing or sale of any item that is set forth in the list of Prohibited Products. If a Seller lists a prohibited item, it will be deemed to be a violation of our Terms of Use regardless of whether the Seller acted intentionally or not. If Delows determines that a listing is in violation or is otherwise inappropriate Delows may, at its discretion, remove the listing and cancel any related transactions up to and including termination or suspension.

Delows may not be used in connection with any product, service, transaction or activity that in general:

Violates any law or government regulation, or promotes or facilitates such action by third parties;
Is fraudulent, deceptive, unfair or predatory;
Causes or threatens to damage Delows’s reputation;
Violates the terms of any bank, card or electronic funds transfer network;
Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability;

The list of Prohibited Products may be updated from time to time at Delows’s discretion. Examples of items that fall under certain categories may also be expanded to provide better communication and context to our users.

Delows may not be used to sell any of the following products or services:

Anything illegal
Drugs including:
- Illegal drugs or narcotics
- Prescription medicines or devices, pharmaceuticals, or behind the counter drugs
- Products, tools, or services specifically offered or intended to be used to create or use drugs
- Grow ingredients for drugs (such as seeds for cannabis plants)
FDA restricted items such as food, homemade food, food supplements, vitamins, diet products, muscle enhancers, home remedies and homemade cosmetics (any ingestibles):
- Listings or items descriptions that offer miracle cures such as “cancer protection”
- Listings that make false health claims or misuse terms (such as “virus”, “epidemic”)
- Items that contain cannabidiol (CBD)
Inflated prices where listings attempt to profit from tragedies and disasters (such as “paradise fire”, “coronavirus outbreak” etc)
Stolen goods:
- Note: If a purchased item is reported as stolen, a demand for return may be received from the victim or another party, and the item may be confiscated according to the regulations of the Code of Criminal Procedure (Act no. 131 of 1948).
Counterfeit goods or goods infringing on a third party’s intellectual property rights:
- Listings of non-brand, non-genuine, imitation, fake, or replica
- Items in violation of a copyright, including handmade, or other items with copyrighted characters, brand logos, etc.
- Note: For brand-name products, serial numbers or receipts must be available when listing the item.
Weapons including:
- Firearms and firearm parts; including airsoft and bb guns
- Ammunition and ammunition components
- Knives, such as switchblades, hunting knives, pocket knives, butterfly knives, knives that are concealed or hidden within other objects, or are made of materials that cannot be detected with a metal detector.
  - Note: Kitchen cutlery and multitools that include knives are permitted.
- Explosives or military ordinance
- Self defense items, including military-grade items.
Alcohol
Tobacco products:
- Cigarettes
- E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine or are associated with tobacco or nicotine usage
- Vaporizing liquid without nicotine
Items used for identity theft (such as account credentials, user login information, and/or account access codes)
Any item that contains a computer virus, malware, or spyware
Digital items – any items where the order is fulfilled electronically or requires a download . such as:
- Ebooks, PDF files, user generated content (UGC) or items for online games
Items not in your possession:
- Dropshipping
- Advertisements or listings for objects being sought
- Items you do not currently have, or that are on order, or will be shipped at a future date
- Coupons to purchase products
Items that are a safety hazard
- Restricted from shipping in the mail or other delivery services
- Products that have been recalled by the Consumer Product Safety Commission
- Note: Flammable or combustible liquids and any other items that require special mailing or handling instructions must be sent using the ship on your own option.
Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (such as “mod chips” to break the encryption on game computers to allow the playing of unlicensed game copies)
Age restricted products or products that require a legal approval, seller/buyer registration or licenses to be sold
Gambling, including using this service for raffles and mystery purchases, or selling lottery tickets and pull tabs.
Regulated financial products and services such as:
- Bonds, securities, warranties and insurance
- Cryptocurrency
- Currency exchange
- Buying and selling gift cards or prepaid cards
- Selling precious metals, including gold, silver, and platinum sold in any medium.
- Selling loose (unset) precious gemstones such as rubies, sapphires, diamonds, and emeralds.
All live animals
Taxidermy, wet specimens or trafficked materials (such as ivory or shark fins)
- Note: Bones, claws, pelts, and teeth are permitted if they are not from protected species
Humans, human body parts, organs, cells, blood, body fluids, and items that are soiled with human materials such as used underwear
Explicit items:
- Pornographic or obscene materials
- Sexually related items such as sex toys and fetish items
Offensive listings:
- Items, listings, photos or content that promote or glorify hatred, violence, racism or discrimination aren’t allowed (determined at our discretion).

Note: Any item may be removed at the discretion of the company.

Updated: 01/01/2023

Prohibited Behavior

Delows may not be used in connection with any product, service, transaction or activity that in general:

Violates any law or government regulation, or promotes or facilitates such action by third parties;
Is fraudulent, deceptive, unfair or predatory;
Causes or threatens to damage Delows’s reputation;
Violates the terms of any bank, card or electronic funds transfer network;
Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability

Delows has developed our Prohibited Behavior Policy to prevent any abuse as outlined above and to protect our users from conduct that may cause harm to their experience of using Delows or abuse any features of our Service.

By using our Service, you agree to follow the rules and manners as included in our Help Center articles and in our Terms of Use and Policies. By using our Service, you agree not to engage in the following Prohibited Behavior:

Using the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
Posting, uploading, or distributing any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could consider objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, offensive or otherwise inappropriate;
Interfering with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law or regulation;
Interfering with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect, personal information about another user(s) or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server; use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
Performing any fraudulent activity including impersonating any person or entity, claiming a false affiliation to a business, creating a UserID of a business or retail account, accessing any other Service Account without permission, or falsifying your age, date of birth, tax identification number or other information provided to Delows;
Selling or otherwise transferring the access granted under these Terms or any right or ability to view, access, or use any Material.

Delows may take any of the following actions on an account that has violated our Policies or if Delows suspects Prohibited Behavior has occurred:

We may contact Users or utilize a third party verification service to verify a User, an account or listing information.
Delows may remove an item, refuse a user access to or suspend a user from all or part of the Service until the completion of such verification.
Delows may prohibit a user that is terminated for engaging in any Prohibited Behavior from using and accessing any future services provided by Delows.
Delows may hold funds after a suspension or termination to cover chargeback/funds reversal risk or refunds arising from Prohibited Behavior as stated in our Terms of Service.

We may update our list of Prohibited Behavior from time to time. The following is a list of actions Delows restricts users from participating in:

Transactions:

Encouraging payments outside of Delows
Proposing or completing a transaction in person or off of the Delows platform
Proposing a trade, exchange, partial exchange, or swap
Two members reducing the price of their own items and purchasing from each other
Requiring or encouraging a direct transfer of a product
Shipping internationally
Shipping directly from a manufacturer
Selecting inappropriately priced shipping labels
Proposing payment for all or part of the item on delivery
Returns unauthorized by Delows
Asking a Buyer to rate a transaction before the item is received
Using Delows for the purpose of money laundering
Using Delows to buy and sell from yourself, or to send funds to yourself
Using Delows for the purpose of utilizing shipping labels for your benefit
Providing invalid tracking

Accounts:

Having multiple Delows accounts
Creating a new account after being limited or permanently banned
Creating a new account to bypass restrictions on another account
Earning Delows Credits, using promotions through multiple accounts
Impersonating a business or other accounts in your username or description
Providing false information when registering for or validating any account information
Providing false information for W-9 or other tax related inquiries

Listings:

Listing a Prohibited Item
Creating multiple listings of the same item
Excessive reposting of previously listed items
Listing an item that is not actually for sale
Listing items without the intent to sell
Listing items with the intent to sell to certain users only
Using any stock or advertisement photos
Using photos that you do not own or have not taken yourself
Using another member’s photos or words without their consent
Using watermarks, symbols or other representation that you are a preferred seller or trusted user or any other statement not specifically curated by Delows
Listing an excessive amount of search keywords
Setting unrelated categories
Setting a false brand
Listings that do not specify size, color, quantity, etc.
Listings that require users to specify size, color, quantity, etc.
Listing in auction, raffle, or giveaway format
Listing free items for purchase
Promoting or advertising the use of Delows Credits
Listing another user’s personal information in a manner other than specified by Delows
Listing a single product with the purchase price divided into multiple parts
Listing items not in your possession, shipping from a third party or stating the item will be shipped at a future date

Solicitations:

Soliciting users to an external website
Soliciting transactions to an external website
Soliciting users to provide personal information
Soliciting other users to list Prohibited Items or engage in Prohibited Behavior
Asking for users to rate before the item is received

Other:

Threats
Slander
Trolling
Indecent behavior
Spamming
Copyright infringement
Posting false information
Abuse of the invite credits system by offering independent rewards for users signing up
Actions for the intentions of dating

Do not hesitate to contact Delows if you come across or are solicited for such actions.

Updated 1/23/2023

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