Terms of service

Clutchyard operates as a peer-to-peer marketplace for motorcycle parts. We provide the platform, payment infrastructure, and communication tools — but we are not a party to transactions between buyers and sellers. Sellers are independent individuals solely responsible for their listings, the parts they sell, and fulfilling their orders.

Clutchyard does not inspect, authenticate, or independently verify items listed on the platform, and is not obligated to mediate every dispute between users, though we may assist at our sole discretion.

• You must be at least 18 years old to create an account.
• You must provide accurate registration information.
• One account per person. Creating multiple accounts to circumvent bans or limits is prohibited.
• Accounts are personal and non-transferable.

By listing a part on Clutchyard, you represent and warrant that:

• You own the part or are authorised to sell it.
• The listing accurately describes the part's condition, fitment, and any defects.
• The part is not stolen, counterfeit, or subject to a safety recall.
• The sale of the part is legal in both your state and the buyer's state (e.g. emissions parts restricted under California CARB rules).
• You will ship the part promptly after a confirmed sale.
• You will resolve legitimate buyer complaints in good faith.

You agree to our Seller Guidelines and Prohibited Items policy.

By purchasing on Clutchyard, you agree to complete the transaction in good faith, communicate respectfully with sellers, and not file false or fraudulent disputes. You agree to our Buyer Guidelines.

Clutchyard charges a 5% seller fee plus a flat $0.30 per sale, deducted from the seller's payout. Buyers pay an additional 1% buyer protection fee at checkout, on top of the listing price. Listing is free.

On refunds, the 5% percentage portion of the seller fee is refundable proportionally along with the refunded amount. The following fees are never refundable, even on a full refund or a dispute resolved in the buyer's favor:

• The $0.30 per-sale flat seller fee — covers payment processing costs Stripe charges us up-front.
• The 1% buyer protection fee — funds the dispute / escrow system itself. Using the protection system doesn't entitle you to a fee refund (same way an insurance deductible doesn't come back when you make a claim).

Practical effect: the maximum a buyer can be refunded on any order is the original listing price. The 1% protection fee paid at checkout stays with Clutchyard.

All payments are processed by Stripe. By buying or selling on Clutchyard you also agree to Stripe's Terms of Service. Clutchyard does not store payment card data. Seller payouts are governed by Stripe Connect terms.

Funds from every order are held in escrow on the Clutchyard balance until the rules below are satisfied. Sellers do not receive funds at the moment of sale.

The following rules are enforced automatically. Both parties agree to them by listing or buying on the platform:

• Sellers must mark each order shipped with a real tracking number from a supported carrier within 7 days of payment. Orders not marked shipped by then are auto-cancelled and the buyer is refunded in full.
• If the carrier does not register an acceptance scan within 5 days of the seller marking the order shipped, the order is auto-cancelled and the buyer is refunded. (Fake or unused tracking numbers fail this check.)
• If the carrier scans the package but tracking then goes silent for 14 or more days without a delivered scan, the package is treated as lost in transit and the buyer is refunded in full.
• Once the carrier confirms delivery, the buyer has 48 hours to file a dispute or confirm receipt. After 48 hours with no dispute and no buyer action, payout to the seller releases automatically.
• Buyers may not file disputes more than 48 hours after the carrier's delivery confirmation, except where required by law.
• First-time sellers' first sale uses a 14-day fallback escrow timer; this drops to 7 days on subsequent sales.
• Repeated failures to ship within deadlines are tracked on the seller's account and may result in suspension.

Users may be held financially responsible for chargebacks, payment reversals, fraudulent transactions, or losses caused by violations of these Terms. If a buyer initiates a chargeback after a payout has already been released to the seller, Clutchyard may recover the disputed amount from the seller's Stripe Connect balance, future payouts, or by other lawful means. Filing fraudulent or bad-faith chargebacks is grounds for immediate account termination.

Sellers are solely responsible for determining and fulfilling their applicable tax obligations, including federal and state income tax on sales. Stripe may issue an IRS Form 1099-K to sellers who exceed the reporting threshold in a calendar year. Where required by state “marketplace facilitator” law, Clutchyard may collect and remit applicable sales tax on a seller's behalf; otherwise sales tax is the seller's responsibility.

• Listing prohibited items (see our Prohibited Items page).
• Completing transactions off-platform to avoid fees.
• Harassment, threats, or abusive communication.
• Creating fake reviews, commendations, or accounts.
• Attempting to scrape, reverse-engineer, or interfere with the platform.
• Any fraudulent activity.

Violations may result in listing removal, account suspension, or legal action.

By uploading photos or content to Clutchyard, you grant us a non-exclusive, royalty-free licence to display that content on the platform. You retain ownership. You confirm you have the right to upload any content you post.

Clutchyard respects intellectual property rights and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe content posted on Clutchyard infringes your copyright, send a written notice to our designated agent containing:

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the material claimed to be infringing and where it appears on the platform.
• Your address, telephone number, and email address.
• A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information is accurate and you are authorised to act on the copyright owner's behalf.

Designated agent: support@clutchyard.com (subject line: “DMCA notice”). We respond to valid notices by removing or disabling the material and may terminate the accounts of repeat infringers.

We reserve the right to remove listings, delay or freeze payouts, restrict or suspend accounts, investigate suspected fraud or abuse, cooperate with law enforcement, or terminate access to the platform at our sole discretion where fraud, abuse, legal risk, or policy violations are suspected.

Clutchyard is provided “as is” and “as available”, without warranty of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the platform will be uninterrupted, error-free, secure, or free from harmful components.

We do not warrant that parts listed are genuine, accurately described, fit for purpose, or safe for use — that is the seller's responsibility. Used motorcycle parts may have wear, prior damage, or service histories that are not visible on inspection. Safety-critical items (helmets, brakes, frames, suspension components, etc.) are sold without any implied warranty of safety; buyers are responsible for inspecting and verifying any safety-critical part before use.

To the maximum extent permitted by law, Clutchyard's total liability for any claim arising from use of the platform is limited to the platform fees you paid to Clutchyard in the 12 months preceding the claim. Clutchyard is not liable for indirect, incidental, consequential, special, or punitive damages.

You agree to indemnify, defend, and hold harmless Clutchyard, its officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to your listings, transactions, content, conduct on the platform, or violation of these Terms.

By creating an account, you consent to receive electronic communications from Clutchyard related to your account, transactions, and platform operations. You agree that any notice, agreement, disclosure, or other communication we send electronically satisfies any legal communication requirements, including that the communication be in writing.

Clutchyard is not liable for any failure or delay in performance arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labour disputes or strikes, internet or cloud-provider outages, third-party payment-processor failures (including Stripe), carrier delays, government action, or pandemic.

Read this section carefully — it affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the platform shall be resolved through binding arbitration on an individual basis under the rules of the American Arbitration Association, and not in court, except where prohibited by law. You and Clutchyard each waive the right to participate in any class action, collective action, or representative proceeding.

Notwithstanding the above, either party may bring an individual claim in small-claims court, and Clutchyard may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or platform integrity.

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law principles. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Daviess County, Kentucky, and you consent to the personal jurisdiction of those courts.

The provisions of these Terms relating to fees, payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and any other provision that by its nature should survive, shall survive any termination of your account or these Terms.

We may update these terms from time to time. Continued use of the platform after changes are posted constitutes acceptance. We'll notify registered users of material changes by email.

Questions about these terms: support@clutchyard.com