Terms & Conditions

Welcome to GearFocus Marketplace, your trusted online marketplace for purchasing and selling used photography and filmmaking equipment. Here's a brief overview of the essential points from our comprehensive Terms and Conditions (T&C) and Privacy Policy:

• Eligibility: You must be at least 18 years old with the capacity to enter into legally binding contracts to use our services.
• Account Security: You're responsible for keeping your account information confidential and managing all activities under your account.
• Compliance with Laws: Ensure your use of GearFocus Marketplace adheres to our T&C and all applicable local laws.
• Return Policies: Our return policies vary based on seller types and item conditions. These are clearly outlined at checkout and within our full T&C.
• Content Guidelines: We permit content that meets a PG-13 rating. This includes artistic expressions like boudoir photography but excludes graphic nudity or extreme violence.
• Privacy and Data Protection: Your data's security is paramount. Our practices are detailed in our Privacy Policy, with Stripe securely processing payments.
• Platform Transactions: To maintain the security and integrity of transactions, all sales and purchases must occur on GearFocus Marketplace. Engaging in off-platform transactions is strictly prohibited and may lead to account termination.
• Dispute Resolution: Should disputes arise, we provide mediation services aimed at fair and equitable resolutions.
• T&C Updates: We may periodically update these T&C. Significant changes will be communicated via email, with a 30-day notice period for review.
• Governing Law: Our T&C are governed by Texas law, respecting applicable federal laws and regulations.

This summary serves as a quick reference and does not encompass all our T&C or Privacy Policy details. By using GearFocus Marketplace, you acknowledge and agree to comply with the full Terms and Conditions and Privacy Policy.

For inquiries or further information, please reach out to us at support@gearfocus.com.

• Platform Overview: GearFocus Marketplace ("GearFocus" or "the Platform") facilitates the buying and selling of used photography and filmmaking equipment.
• Acceptance of Terms: By accessing or using GearFocus, you agree to these Terms and Conditions (T&C) and our Privacy Policy. If you do not agree, you may not use the Platform.
• Definitions:
  • User, Buyer, and Seller: Individuals accessing, browsing, or using services on GearFocus.
  • Content: Information, images, text, and media uploaded or shared on the Platform.

• Scope: GearFocus connects Buyers and Sellers to facilitate transactions.
• Geographic Limitations: Services are available to Users in the United States and Canada, who must comply with all applicable local, state, and federal laws.

• Eligibility: Users must be at least 18 years old and have the legal capacity to enter into a binding contract.
• Account Security: Users are responsible for maintaining the confidentiality of their account credentials and all activities under their account.
• Local Law Compliance: Users agree to abide by all relevant laws and regulations in addition to these T&C.

Overview:

1. Default Return Policy: Unless otherwise stated by the Seller, returns are only accepted if the item received does not meet the listing description provided at the time of purchase. This includes items that arrive damaged due to shipping or items misdescribed by the Seller. If the item is not delivered as described, the Buyer is entitled to a full refund, including shipping costs.
2. Return Requests and Deadlines: Buyers must initiate a return request with the Seller within 48 hours of receiving the item. Once the Seller accepts the return request, the Buyer must ship the item back within 5 days.
3. Fees for Returns Not Due to Seller Error: If a Seller voluntarily agrees to accept a return for reasons other than the item being misdescribed or damaged, the Buyer will incur a 3.5% payment processing fee and may be subject to a 5% restocking fee, both deducted from the refund. Additionally, the Buyer assumes all responsibility and costs for return shipping.
4. Condition and Packaging Requirements: All returned items must be shipped back in the original condition, using the original packaging, and must include all parts and accessories.
5. High-Value Items: For pre-owned items priced over $1,500, a 15% restocking fee may apply.
6. “No Return” Items: Items listed as “Poor” or “As-Is” cannot be returned.
7. 14-Day No Questions Asked Returns: Some approved Sellers offer a 14-day return policy on eligible listings, allowing Buyers to return items for any reason within 14 days of delivery. For returns under this policy, the Buyer is responsible for return shipping costs and applicable Seller fees. Items listed in “Poor” or “As-Is” condition and drones are excluded from this policy. For items priced over $1,500, a 15% restocking fee may apply.
8. Seller-Specific Policies: Individual Seller shops may have additional return policy restrictions. These additional terms complement, but do not supersede, the policies stated here. For example, a Seller claiming “no returns” must still deliver the item as described.
9. Buyer Awareness: Buyers are encouraged to review the Seller’s return policy on each listing before making a purchase. Return policies are set by the Seller at the time of listing and cannot be changed after purchase.
10. Disputes Over Returns: If Buyers and Sellers cannot resolve a return dispute, contact support@gearfocus.com for mediation and resolution assistance.

• Payment Processing by Stripe: All transactions on GearFocus are processed securely by Stripe.
• Data Security: GearFocus is committed to protecting your personal and financial information.

• User Content Guidelines: All content must adhere to a PG-13 rating.
• Intellectual Property Claims: Claims can be filed via support@gearfocus.com.

• Data Handling Practices:Our approach to handling personal information, including collection, use, and storage, is described in our Privacy Policy. By using GearFocus, you consent to our data handling practices.

• Communication Tools: Internal messaging systems facilitate safe Buyer-Seller communication.
• Mediation Services: GearFocus acts as a neutral facilitator during disputes.

• Prohibition of Off-Platform Transactions: All sales and purchases must be completed on the platform.
• Consequences of Violations: Off-platform transactions may result in account termination.
• Reporting Solicitation: Report attempts to engage in off-platform transactions to support@gearfocus.com.

• Notification of Changes: We may update these T&C periodically. In the event of significant changes, we will notify you via email, providing a 30-day period to review and accept or decline the updated terms. Continued use of GearFocus after this period constitutes acceptance of the updated T&C.

• Language: These T&C are provided in English. Future translations may be offered as the Platform expands.
• Official Communication: GearFocus uses email (support@gearfocus.com) as the primary mode of official communication.

• Governing Law: These T&C are governed by the laws of Texas, as well as applicable federal laws and regulations. Users consent to the exclusive jurisdiction of courts located within Texas to resolve any disputes arising from or related to these T&C.

GearFocus may send you text messages for order updates, account notifications, and promotional offers related to our marketplace. By providing your phone number and checking the consent box during account registration or checkout, you agree to receive text messages from GearFocus at the number provided.

We use a double opt-in process. After you submit your phone number and select your SMS preferences, you’ll receive a confirmation text asking you to verify. Messages will only be sent after you confirm.

Message frequency varies. Standard message and data rates may apply.

No mobile information — including phone numbers and SMS consent data — will be shared with third parties or affiliates for marketing or promotional purposes. We may share this information with subcontractors who support our operations (such as customer service or order fulfillment partners), but only to the extent necessary to provide those services. Text messaging originator opt-in data and consent will not be shared with any third parties under any circumstances.

You can opt out of SMS messages at any time by replying STOP to any text from GearFocus. You’ll receive one final confirmation message and no further texts will be sent. To re-subscribe, reply START at any time.

For help with SMS communications, reply HELP to any GearFocus text message, or contact us at support@gearfocus.com.

• Limitation of Liability: To the fullest extent permitted by law, GearFocus is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
• User Indemnification: You agree to indemnify, defend, and hold harmless GearFocus, its affiliates, officers, employees, and agents from any claim, liability, or expense (including reasonable attorney fees) arising out of your breach of these T&C or violation of any law or third-party right.

• Severability: If any portion of these T&C is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• No Waiver: Failure by GearFocus to enforce any right or provision of these T&C does not constitute a waiver of such right or provision.
• Complete Agreement: These T&C, along with our Privacy Policy, represent the entire agreement between you and GearFocus and supersede all prior agreements and understandings.

• Support and Inquiries: For questions, support, dispute resolution, or intellectual property claims, please contact us at support@gearfocus.com.