TERMS AND CONDITIONS OF SALE

Gear.com's products and services are provided by Gear.com, LLC These Terms and Conditions of Sale ("Terms") govern your access to and use of Gear.com's website, products, and services ("Products") for the purchase of items (“Merchandise”) directly through the Site or Applications.

Gear.com, LLC ("Gear.com", "our", "us" or "we") provides the services offered by Gear.com (the "Services") through our website, accessible at www.gear.com (the "Site"), and our applications for mobile devices (the "Applications").

1. Terms and Conditions

Merchandise offered for sale directly through the Site or Applications is sold by Gear.com or the merchant that the item is specified as sold by ("Merchant"). Not all Merchandise on the Site or Applications is available for purchase; instead, you may be re-directed to a third party website for purchase. These Terms do not apply to Merchandise purchased on such third-party websites.

If you access a third party website from the Site, Applications or Service, you do so at your own risk, and you understand that these Terms, our Privacy Policy and Terms of Service do not apply to your use of such sites. You expressly relieve Gear.com from any and all liability arising from your use of any third-party website or service.
Gear.com uses third party service providers (“Payment Service Providers”) for customer and merchant payment services and settlements (e.g. card acceptance, payment alternatives, merchant settlement and related services), including: Balanced (https://www.balancedpayments.com), Stripe (https://stripe.com), Coinbase (https://coinbase.com), Google Wallet (https://www.google.com/wallet) and Dwolla (https://www.dwolla.com). By making use of some or all of these payment services on the Site you agree to be bound by the Payment Service Providers and terms and conditions and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Payment Service Providers to the extent required to provide the payment services to you. Balanced’s terms are available at https://www.balancedpayments.com/terms and its privacy policy is available at https://www.balancedpayments.com/privacy. Balanced may also be contacted directly for support either by email at support@balancedpayments.com or by phone at +1 (888) 744-2622. Stripe’s terms are available at https://stripe.com/us/terms its privacy policy is available at https://stripe.com/us/privacy. Stripe may also be contacted directly for support either by email at support@stripe.com. Coinbase’s terms are available at https://coinbase.com/legal/user_agreement and its privacy policy is available at https://coinbase.com/legal/privacy. Coinbase may also be contacted directly for support by email at support@coinbase.com. Google Wallet’s terms are available at: https://wallet.google.com/termsOfService?type=Buyer&gl=US and its privacy policy is available at https://wallet.google.com/legaldocument?family=0.privacynotice. Google Wallet may also be contacted directly for by phone at +1 (855) 492-5538. Dwolla’s terms are available at https://www.dwolla.com/tos and its privacy policy is available at https://www.dwolla.com/privacy. Dwolla may also be contacted directly for support by email at support@dwolla.com.

Merchandise for shipment within the United States may be subject to taxes or additional delivery fees. Merchandise for shipment to countries outside of the United States may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.

With respect to each item for which Import Fees have been calculated, you authorize Gear.com or Merchant (as applicable) to designate a carrier ("Designated Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item.

These terms and conditions are in addition to the standard Terms of Service of the Site. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the common carrier in the United States.

Please note that Merchants may have policies that differ from Gear.com’s Terms. For items you have purchased from a Merchant, please see the applicable Merchant's policies for any other terms and conditions that may apply to your purchase of such items.

In connection with the Site, Gear.com may provide Gear.com members referral credits when members invite their friends to join Gear.com or registered members complete a purchase through a referral link from another member (collectively “Referral Credits”). Referral Credits may be awarded to the referrer when her friends join, as well as when her friends make their first purchases.

Referral Credits are granted at our sole discretion. Referral Credits do not have a cash value, and you may only use Referral Credits in connection with a qualifying purchase on the Site or Applications. We reserve the right to revoke your Referral Credits if we determine that you have engaged in fraudulent referral activity or otherwise violated our Terms of Use, or if we terminate your membership. Referral credits expire 6 months after they are granted. Referral credits are not transferable or sellable, are not gift cards, and cannot be used to purchase Gear.com gift cards. Gear.com reserves the right at any time without notice to you to change the terms applicable to the Referral Credits, including expiration period and/or your ability to redeem existing Referral Credits.

2. Limitations

For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from the Site or Applications, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

3. Risk of Loss

All merchandise purchased from Gear.com or Merchant is made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

4. Product Descriptions

Gear.com attempts to be as accurate as possible. However, Gear.com does not warrant that product descriptions or other content of any Gear.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Gear.com itself is not as described, your sole remedy is to return it in unused condition.

5. Pricing

Except where noted otherwise, the price or suggested price displayed for products on the Site or Applications represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Where an item is offered for sale by one of our Merchants, the list price or suggested price may be provided by the Merchant.

Product specifications, prices and quantity are subject to change. With respect to items sold by Gear.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Gear.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. From time to time, we may offer coupon codes or rebates as a form of purchase. All purchases paid with a coupon code or rebate are final sale and may not be returned. Terms of coupon codes and rebates are subject to change in the sole discretion of Gear.com and may be altered without notice.

We generally do not charge your credit card until after your order has entered the shipping process. Products offered for sale on the Site or Applications may be limited to stock and while supplies last. Product offerings are available for end users only. Not available to distributors, dealers or resellers, as determined by Gear.com.

6. Other Businesses

Parties other than Gear.com may operate stores, provide services, or sell product lines on the Site or through the Applications. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Gear.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

7. Returns, Refunds and Title

Gear.com does not take title to returned items until the item arrives at our designated fulfillment center. Customer Merchandise returns will issued credit toward the Site, exclusive of shipping fees. Shipping shall not be credited upon return of Merchandise. At our discretion, a credit may be issued without requiring a return. In this situation, Gear.com does not take title to the refunded item.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH GEAR.COM SERVICES ARE PROVIDED BY GEAR.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GEAR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GEAR.COM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GEAR.COM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GEAR.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEAR.COM DOES NOT WARRANT THAT MERCHANDISE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU FOR PURCHASE THROUGH THE SITE OR APPLICATIONS ARE FREE OF HARMFUL COMPONENTS. GEAR.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GEAR.COM SERVICE, OR FROM ANY MERCHANSIE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GEAR.COM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

10. Disputes

Any dispute or claim relating in any way to your use of any Gear.com Service, or to any products or services sold or distributed by Gear.com or through the Site or Applications shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND GEAR.COM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.

11. Site Policies, Modification, and Severability

Please review our other policies. These policies also govern your use of the Services. We reserve the right to make changes to our site, policies and Terms at any time. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

12. How to contact Gear.com

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any enquiries about these Terms or any questions, complaints or claims with respect to the Applications, please contact us at help@gear.com.