GEARTRADE TERMS AND CONDITIONS OF USE
Using the Site
In order to sell or buy gear at GearTrade, potential sellers and buyers must register. Registering to participate implies acceptance of these Terms and Conditions.
Shipping Purchased Items
As a seller, you agree to ship sold items to the buyer within 5 business days. Failure to ship orders will result in a detrimental seller rating and possible account suspension. GearTrade will not pay you for sales until a valid tracking or delivery confirmation number is entered at My account. If you enter a false tracking number, GearTrade will not pay you for the item sold until the buyer receives verification that the item was shipped. Your account will then be permanently suspended.
If you ship an item via US Postal Service, you must request a delivery confirmation number, as they are not issued automatically.
Some shipping options involve reimbursement to sellers for shipping costs. In order to be reimbursed for shipping costs, you must ship the item according to the shipping method you have chosen. If you ship an item by a method different from that which you previously selected, you will not be properly reimbursed for shipping costs.
If you choose to use GearTrade's shipping calculator, your charges may either be under-reimbursed or over-reimbursed. The calculator will be most accurate with an exact shipping weight for the item. Factors such as length, oversize charges, fuel surcharges, inaccurate weight, and unannounced shipping charge changes may cause the calculator to miscalculate actual shipping charges. If you use a third party shipping service (such as Postnet or Mailboxes Etc.) your shipping costs may be significantly more than those calculated by the shipping calculator.
GearTrade will not be held responsible for fluctuations in the cost of shipping, and you will not be reimbursed for discrepancies between calculated shipping costs and the actual shipping costs. GearTrade does not include shipping costs when calculating commissions.
There are no fees to list gear.
Sellers set the price for the gear. Sellers pay for the cost of shipping and commissions, and should take those costs into considertion when setting the gear price. GearTrade reserves the right to change its shipping policies and commissions at any time.
Payment to Sellers
Sellers are mailed a check 9-14 days after a tracking number (USPS, FedEx, or UPS) is received from the seller. This gives the buyer enough time to receive and inspect the item. A 13% commission is deducted from the sale price and a check is mailed to the seller.
Sellers agree to sell the item to any buyer that successfully purchases the item. Sellers are discouraged from trying to market or sell the gear through any other online or offline method.
Sellers agree to allow the buyer 72 hours to inspect the gear to verify that the gear arrived as was presented on the gear swap. If the gear matches the description and condition that was presented by the seller, the transaction is final and the gear swap will pay the seller. If the gear does not match the description and condition that was presented by the seller, the buyer can contact Customer Service for possible re-negotiation of the price or return of the gear. This gear inspection policy will only apply if the gear description or condition is not as described and Customer Service is contacted directly. All completed transactions are final. This is not a buy and try guarantee. It is meant to protect against the falsification of gear information.
If the seller is found to have falsified the description of the item in question, the seller's account will be permanently suspended and the seller will be charged any necessary and reasonable fees for correcting the issue.
We provide detailed guidelines to sellers for rating the quality of the items they list at GearTrade, and we make every effort to confirm the accuracy of the ratings that sellers provide. Nevertheless, it might happen that you receive an item that you feel does not deserve as high a quality rating as the seller gave it. GearTrade reserves the right to make its own determination as to the accuracy of an item's quality rating.
Attempts to abuse the Buyer Protection Policy will be investigated very seriously. GearTrade reserves the right to suspend the account of any buyer or seller we feel has attempted to commit fraud by misusing this policy for his or her own personal gain. GearTrade also reserves the right to withhold seller payment or charge buyer or seller credit cards in order to recover damages related to fraud. In addition, abuse of this policy is a criminal offense and violators will be prosecuted to the fullest extent of the law.
Responsibility for Taxes
GearTrade is based in the state of Utah, and thus will collect and remit Utah state sales tax for all goods shipped to a Utah addresses. Buyers and sellers are responsible for all other tax related issues that may arise in their respective state, county or city.
Shipping your order properly helps to ensure that it arrives in the same condition that you represented it under on our website. Print out the order notification email we've sent to you, cut off the bottom portion and enclose it in your package to the buyer. This serves as a reference and packaging slip. You may not insert any promotional or other commercial materials that are not provided or approved by GearTrade. This includes, without limitation, material that announces a website or invites the buyer to visit a website other than GearTrade, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. In addition, you are strongly discouraged from including any materials in your shipment that are not directly related to the good being shipped and/or provided or approved by GearTrade.
What is not Allowed?
You agree not to use this site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the site. You agree not to use or permit any one to use information provided through the site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.
The sale of stolen property on GearTrade and all partner websites is strictly forbidden, and violates state federal and international law. GearTrade strongly supports law enforcement efforts to recover stolen property that is listed on its site, and urges the prosecution of those responsible for knowingly attempting to sell such items on GearTrade. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
The buyer name and address information is provided for the sole purpose of shipping the specific purchased product(s) and may not be used for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). You agree not to include in your shipment to buyers any promotional or other commercial material that is not provided or approved by GearTrade. This includes, without limitation, material that announces a website or invites the buyer to visit a website other than GearTrade, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the buyer beyond fulfillment of purchases through GearTrade.
The buyer name and address information is provided for the sole purpose of shipping the specific purchased product(s) and may not be used for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). GearTrade strongly discourages you from including any materials in your shipment that are not provided or approved by GearTrade. The inclusion of extraneous materials in a shipment may offend or bother buyers and may negatively affect your seller rating. If GearTrade receives a complaint relating to your shipments regarding extraneous materials we may take any action that we deem appropriate in our sole discretion, including without limitation issuing a warning, immediately terminating any pending sales, or immediately terminating your access to our service. You agree not to separately contact the buyer beyond fulfillment of purchases through GearTrade.
What Happens If You Break Our Rules?
We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a good, the source of a good, your acquisition of a good, or the price you paid for a good.
Violations, Termination and Suspension
We may take any action that we deem appropriate in our sole discretion, including without limitation issuing warnings, a warning, or suspension or termination of service, denying access, and removal of listings of items from, or recommending you edit a listing if: (a) you breach this Agreement or the documents it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; (d) or we believe your conduct may cause legal liability for you, for other members, or for GearTrade. You agree that payments owing to you for sales made through this site may be suspended or delayed pending our investigation. GearTrade is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.
Disclosure of Information
You authorize us to withhold payment or charge your credit card accounts any amount you owe us if (a) a sale is cancelled for any reason; (b) an adjustment is made under our Returns Policy or our Buyer Protection Policy; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; or (d) you otherwise owe us a specific amount. If any of those things happen, we may also deduct from any amount we owe you, the amount you owe us.
Your Warranties To Us
For all goods you list as the seller, you warrant that your descriptions of the goods accurately detail and describe the goods offered for sale.
You represent and warrant that any information you provide to us, to other members, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (ii) is not fraudulent; (iii) does not involve the sale of counterfeit or stolen items; (iv) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (v) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (vi) does not contain any viruses or any programming that is intended to damage or interfere with any system, data or personal information.
You agree to indemnify and hold GearTrade, and its parent (if applicable), subsidiaries, affiliates, partners (online or offline), officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by GearTrade, and its parent (if applicable), subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions.