Last updated: April 27, 2026
Effective Date: April 27, 2026
Welcome to Kashew, the online marketplace for second-hand furniture where consignment stores, professional resellers, and sellers can list their products and customers can buy them and have them shipped. Kashew is operated by Palm Delivery Innovations QOZB, LLC, a Delaware Single-member LLC. Please read on to learn the rules and restrictions that govern your use of our website (including all data, contents, and computer code contained on or transmitted from these websites), products, services, and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at:
Email: [email protected]
Address: 4901 E Cesar Chavez Street, Austin, Texas 78702
These Terms of Service (the “Terms”) are a binding contract between you and Palm Delivery Innovations QOZB, LLC, d/b/a Kashew, not including any subsidiaries or affiliates (“Kashew,” “we,” “us,” and “our”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with any Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content (as defined below) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice.
As we are constantly trying to improve our Services, these Terms may need to change along with our Services. Accordingly, Kashew reserves the right to change or modify the Services, any of the terms and conditions contained in these Terms, or any policy governing the Services at any time, including the commission or payment structure for any listing that has not expired.
You are responsible for regularly reviewing any updates to these Terms. If you do not agree with the new Terms, you are free to reject them; however, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
As a condition of using the Services, you represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Sellers must comply with all laws that relate to the Seller Goods). If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Kashew reserves the right to cease offering the Services at any time.
In order to use the Services, you will be required to sign up for an account, select a password and user name (“Kashew User ID”) and provide us with certain information or data, such as your registration and contact information (“Account Data”). You may not select as your Kashew User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You promise to provide us with accurate, complete and updated Account Data and to keep your Account Data accurate and current at all times. You may edit your Account Data at any time by logging in to your account and updating your profile or settings.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”). By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy.
You will not share your Kashew User ID, account or password with anyone, and you must protect the security of your Kashew User ID, account, password and any other access tools or credentials. You are responsible for any activity associated with your Kashew User ID and account. You also agree that we will not be liable for any loss or damage arising from your failure to keep your Kashew User ID or password secure.
Kashew takes the privacy of its users very seriously. Please see our current Privacy Policy. By using the Services, you are agreeing that we may handle your personal information and data in accordance with our Privacy Policy.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us with personal information, please contact us at [email protected].
You may use the Services in one or both of the following capacities: (i) as an individual, consignment store, professional reseller, dealer, or seller who wishes to list certain goods (“Goods”) for sale on Kashew’s Services (collectively, “Sellers”), or (ii) as an individual who wishes to purchase Goods via the Services (collectively, “Buyers”). All users of the Services, including, without limitation, Buyers and Sellers are, collectively, “Users.” When we use the word “you” in these Terms, it refers to any User, regardless of whether he or she is a Seller or Buyer, while if we use one of those specific terms, it only applies to that category of User.
Kashew relies upon a community of independent Sellers that supply the Goods advertised on and sold through the Services. Unless stated otherwise or to help facilitate shipments, Kashew at no time holds possession of or title to the Goods advertised on and sold through the Services. Kashew is not a broker or your agent. Except for any goods sold directly by Kashew (if any) (the “Kashew Goods”), Kashew is not the Seller of any Goods listed on the Services. Kashew merely provides a marketplace for sales between Sellers and Buyers, and, except for Kashew Goods, is not involved in the transaction itself. Sellers may sell Goods through their storefronts on the Services and, except for Kashew Goods, such Goods are not owned or controlled by Kashew.
Before purchasing Goods from any Seller, Buyers are responsible for making their own determinations that the Goods are suitable. Kashew is only responsible for connecting Sellers and Buyers, and can’t and won’t be responsible for making sure that Seller’s Goods are up to a certain standard of quality. Kashew similarly can’t and won’t be responsible for ensuring that information (including credentials) a Buyer or Seller provides about himself or herself or about the Goods being offered is accurate or up-to-date. We don’t control the actions of any Buyer or Seller, and Sellers are not Kashew employees.
Except for any Kashew Goods, Kashew does not directly offer any Goods. You hereby acknowledge that Kashew does not supervise, direct, control or monitor the Seller’s Goods and expressly disclaims any responsibility and liability for the Seller’s Goods, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
Seller-Arranged Deliveries. Sellers may offer and perform their own delivery of Goods directly to Buyers (a “Seller-Arranged Delivery”). For any Seller-Arranged Delivery, Kashew acts solely as a marketplace facilitator and is not the carrier, shipper, agent, or broker for the delivery. The Seller is solely responsible for the scheduling, routing, loading, transport, unloading, placement, condition of the item upon arrival, any required licenses or permits, and any insurance coverage for the Goods while in transit. To the maximum extent permitted by applicable law, Kashew expressly disclaims any responsibility and liability arising out of or relating to a Seller-Arranged Delivery, including but not limited to in-transit damage to the Goods, damage to the Buyer’s or any third party’s property (including building damage), personal injury, late or missed deliveries, scheduling disputes, and any acts or omissions of the Seller or its personnel, contractors, or agents. The disclaimers, limitations of liability, and indemnification obligations set forth in these Terms (including Sections 14, 15, and 16) apply equally to Seller-Arranged Deliveries.
Buyer and Seller must not enter into separate agreements outside of Kashew relating to Seller’s Goods (“Outside Agreements”). If you do enter into any Outside Agreement we may terminate your Kashew account, and you acknowledge that Kashew is not a party to and isn’t responsible for enforcing any Outside Agreement.
Certain of the Services may allow you to purchase Goods using the Services. If you purchase any Goods using the Service:
For certain transactions, we may offer a Return Policy. Please see our Return Policy for more details. Except as set forth in the Return Policy, all fees and charges are nonrefundable.
Certain transactions may display “estimated value” on a listing but we are not evaluation experts and rely on data from Sellers and publicly available data. Thus, we strongly recommend that you do your own research to determine the value of an item.
While we do our best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate and likewise cannot guarantee the authenticity of any item.
Sellers are solely responsible for the accuracy in describing and pricing the Goods on the Service. Kashew relies on the Sellers for such information and is not responsible in any way for the description or pricing of Goods on the Services provided by the Seller. If you have any claims or disputes regarding any Seller or any Goods on the Service, please contact us at [email protected], and we will use reasonable efforts to facilitate the communication and resolution of such claims or disputes with the Seller. You agree and acknowledge that while Kashew may assist with resolving your claims or disputes regarding any Goods on the Services, (i) the ultimate resolution of any such claims or disputes is between you and the Seller, and (ii) Kashew is not responsible for successfully resolving any claims or disputes between you and the Seller.
Kashew is a marketplace facilitator that works with Sellers to promote and complete the sale of their Goods through our platform. Most U.S. states now have marketplace facilitator laws that may require us to collect and remit state sales tax on behalf of Sellers. If Kashew is unable or not required to collect and remit state or local sales taxes, customs or duties on behalf of a Seller, then the Seller is responsible for collecting and remitting state and local sales tax, customs or duties, as applicable. As a Seller, you are responsible for paying, withholding, filing, and reporting all taxes, customs, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Kashew will do so on your behalf where required, and may, in its sole discretion, do any of the foregoing on your behalf where it is not required.
Certain of the Services may allow you to list or otherwise offer Goods on the Services for sale. By listing or otherwise offering Goods on the Services for sale, you agree to the following:
You may not list any Goods on the Services that:
If an issue or dispute arises between you and any Buyer regarding any Goods you offer on the Service for sale, please contact us at [email protected], and we will use reasonable efforts to facilitate the communication and resolution of such claims or disputes with the Buyer. You agree and acknowledge that while Kashew may assist with resolving your claims or disputes regarding any Goods on the Services, (i) the ultimate resolution of any such claims or disputes is between you and the Buyer, and (ii) Kashew is not responsible for successfully resolving any claims or disputes between you and the Buyer. In addition, Kashew reserves the right, for any reason, in our sole discretion and without notice to you, to remove any Goods you list, to suspend your access to the Services, or to otherwise impose consequences on you for behaviors that Kashew deems, in its sole discretion, to be inconsistent with Kashew’s policies or the spirit of a trustworthy marketplace; Kashew will not be liable to you or to any third party for taking any such action.
No Seller may collect any information from or relating to a Buyer (“Buyer Information”), whether via the Services, in the course of offering Goods, or otherwise, beyond what is necessary to offer the Goods to and/or sell the Goods to that Buyer. Sellers must not use any Buyer Information beyond what is necessary to offer the Goods to and/or sell the Goods to that Buyer on the Kashew platform. Upon the conclusion of offering the Goods to a Buyer (or otherwise upon the request of such Buyer or Kashew), Seller must properly destroy all Buyer Information from or relating to such Buyer and make no further use of it whatsoever. Sellers must collect, use, maintain, and transmit all Buyer Information in compliance with all applicable laws.
Certain Services may allow a User to communicate directly with you. When a User communicates with you to inquire about or purchase a product or otherwise, the User may provide you with certain personal information (including the User’s name and email address and, in the case of a purchase, payment and shipping information). Without express consent, you shall not contact Users or use their personal information for any purpose other than Kashew-related communications and for completing the transaction for which the information was provided. You may not use this information to distribute unsolicited commercial messages.
As part of the Services, Kashew may arrange for international shipments from Sellers to Buyers. If you are a non-U.S. Buyer, you may grant Kashew the power of attorney to facilitate international shipments to you and represent and warrant that you are purchasing the Goods for personal, casual consumption or use and not for resale (unless otherwise permitted).
Each non-U.S. Buyer may grant to Kashew (and any third party service providers) authorization to act as your agent(s) (with permission to further delegate their authority) and to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on your behalf. This authorization may include making declarations and/or completing filings on your behalf in connection with the import of the Goods into the country of import, arranging for the exportation and/or importation of the Goods, assigning Harmonized System classification codes (“HS Codes”) or other commodity codes, paying and accounting for duties and taxes on your behalf, and managing any dispute with such authorities. Kashew accepts no responsibility for the accuracy of any HS Codes assigned to the Goods as part of the import or export process and Kashew shall not be liable for any damages or penalties arising out of or related to the assignment of HS Codes.
Unless stated otherwise, title to the Goods remains with Sellers until such time as the Goods are successfully delivered to the Buyer, at which time title to the Goods shall transfer to the Buyer. Unless required otherwise, Kashew or its third party providers at no time act as importers of record. You acknowledge and agree that Kashew is providing a facilitation role for convenience only and that you, as the Buyer, are ultimately responsible for the payment of duties and taxes, for accounting documentation and record-keeping in relation to the requirements of the country of import, and that you must determine whether the Goods you intend to import are subject to any prohibitions, permits, restrictions or regulations.
As part of the Services, you may receive communications through the Services, including messages that Kashew sends you (for example, via email or SMS). When signing up for the Services, you may receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Kashew to send you information that we think may be of interest to you, which may include Kashew using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Kashew, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Kashew. You agree to indemnify and hold Kashew harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
You represent, warrant, and agree that you will not contribute any Content (defined below) or otherwise use the Services or interact with the Services in a manner that:
You further agree to not:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
From time to time, Kashew may modify the rules of its Services to promote accurate representation and reliable delivery of Goods sold on its Services. We have the right, but not the obligation, in our sole discretion to impose consequences on you for behaviors that Kashew deems, in its sole discretion, to be inconsistent with Kashew’s policies or the spirit of a trustworthy marketplace. In addition, we have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any Buyer, Seller, listing, item, or Content from the Services.
Our Services include information, data, text, articles, photographs, graphics, images, illustrations, video, messages, tags, or other materials (“Content”) from many people and entities, including you, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, transmit, upload or otherwise make available through the Services. We do not claim ownership of Content you submit or post through the Services. By submitting or posting Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in connection with operating and providing the Services. You represent and warrant that you own or control all rights in and to the Content you submit and that our use of your Content as contemplated herein will not infringe or violate the rights of any third party. We reserve the right to remove any Content at any time, for any reason, without notice.
THE SERVICES AND ALL CONTENT AND GOODS (OTHER THAN KASHEW GOODS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KASHEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KASHEW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KASHEW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY GOODS OR CONTENT ON THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KASHEW, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO KASHEW IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Kashew, Palm Delivery Innovations QOZB, LLC, and their respective members, managers, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; (d) any claim that your Content caused damage to a third party; (e) any dispute between you and any other User; or (f) any Goods you list, sell, or purchase through the Services. Kashew reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Kashew in asserting any available defenses.
You and Kashew agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be resolved by binding arbitration, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights. You and Kashew waive any right to a jury trial and any right to participate in a class action lawsuit or class-wide arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or successor rules). The AAA’s rules and a form for initiating arbitration are available at www.adr.org. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the scope of such court’s jurisdiction. This Arbitration Agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies.
These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding not subject to the Arbitration Agreement above shall be brought exclusively in the federal or state courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.
These Terms, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between you and Kashew regarding the Services and supersede any prior agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Kashew’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms or your account without our prior written consent. Kashew may assign these Terms without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms of Service, please contact us:
Palm Delivery Innovations QOZB, LLC
d/b/a Kashew
4901 E Cesar Chavez Street
Austin, Texas 78702
Email: [email protected]