Terms and conditions

Preamble

Welcome to Gear Focus! We host a large group of photographers and videographers who buy and sell their used camera gear, making this marketplace a unique way to engage with the photo and film making community. Please read through our Terms and Conditions before using the site to list equipment or make a purchase. When you use the website you are agreeing to these Terms & Conditions. We welcome you to our inner circle and hope you have great success using our platform and services to receive the best return for selling used gear or finding new gear at an affordable price.

1. The Gear Focus Marketplace

Gear Focus is a marketplace that allows users to buy and sell cameras, lenses and camera equipment according to the guidelines laid out in the Terms and Conditions. While Gear Focus has measures in place to screen our members for credibility, it cannot guarantee the accuracy of the listings, or the means of the buyer to pay for items. By agreeing to these Terms and Conditions, you agree that Gear Focus is not liable for any dishonesty on the part of its users. Furthermore, Gear Focus is a marketplace that is neither responsible for nor liable for the accuracy of its users' listings, profile images and data or user content.

Gear Focus retains the right to terminate services at any time for violation of its Terms and Conditions.  Access to the Gear Focus site can be suspended or revoked at any time with Gear Focus' sole discretion. Inactive or unconfirmed accounts can be cancelled at any time.

2. Responsibilities of Members

You agree that you are 18 years of age or older and can legally enter contracts. You agree to abide by the Children’s Online Privacy Protection Rule (“COPPA”) and any persons under the age of 18 agree to operate under the consent and supervision of a parent or guardian who is 18 years or over. For all intents and purposes, the Parent or Guardian is considered the "User" and is responsible for the underage party. You hereby confirm that all information provided by you to Gear Focus' website is accurate and truthful and understand that Gear Focus reserves the right to refuse access to it's site and services should this agreement be voided in any way, i.e. through the posting of inaccurate information.

You agree to abide by the local laws of online conduct and abide by Gear Focus' Terms of Use and Community Guidelines, which may be updated without notice to you. Gear Focus will make every reasonable effort to inform users of changes to this policy but does not implicitly guarantee this. By agreeing to these terms you hereby waive any and all rights and claims to immediate notice of changes to Gear Focus' policies. 

It is the responsibility of the user to maintain their own username and password security. By agreeing to these terms, you accept responsibility for any failure to keep your password confidential and any misconduct, loss or damage that may result. You agree to notify Gear Focus immediately of any security breach regarding your password. 

By agreeing to these terms you agree that your account information is up to date, including any personal information, billing address, valid payment method and valid email address. User accounts are non-transferable.

It is the responsibility of all members selling equipment to ensure that the items are correctly packaged. Failure to pack your items properly and safely can result in damage during shipping and sellers will be held responsible if poor packaging is used during shipping and determined to have caused any damage to items during the shipping process. It is also the responsibility of the user to provide tracking information when shipping orders. Tracking information is your proof of shipment and delivery, and Gear Focus cannot be held responsible if orders are lost or stolen. YOU, the seller, are responsible for ensuring your items have correct and appropriate tracking information.

Your Gear Focus balance will be released and available for purchases on Gear Focus or withdrawal to your bank account only after you have entered a valid credit card. This is to protect buyers and sellers by confirming the identity of the seller. In addition, a valid credit card is required to be on file in case a refund is needed on an order. This information is strictly confidential and will not be shared by Gear Focus in any way.

Sellers must include actual photos of the items showing the condition and any scratches or damage. Stock photos are not accepted for used items. New items can have stock manufacturers photos, but should also include at least one photo of each item and its original packaging.

3. Breach of Contract

Gear Focus reserves the right to terminate, without notice, any user account that violates the terms and conditions. Gear Focus may, at it's discretion, revoke membership status immediately without refund of fees, remove content, or limit a user's access or functionality when using the site. If a user has breached this agreement, or Gear Focus believes or has reason to believe a user is in breach of the agreement, Gear Focus may issue a formal warning, temporarily or permanently suspend, or otherwise prohibit access to all or portions of the Gear Focus website.

4. Selling Fees

Setting up an account and listing your equipment is free.  However, a percentage of the selling price will be captured by Gear Focus upon the sale of an item. Before listing and selling an item, you will receive a breakdown of the fees to be captured, giving you an opportunity to review the charges and accept them. Gear Focus reserves the right to update it's billing policy, effective immediately upon posting and reserves the right to make temporary promotional adjustments to the billing policy.

If outstanding payments are owed to Gear Focus after the termination or closing of an account, you hereby expressly agree that Gear Focus may capture those funds via the payment method associated with the account. You hereby waive all claims against Gear Focus for capturing outstanding funds.

5. Your Content

By uploading content to the Gear Focus website you grant Gear Focus a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights, both known and not currently known, with respect to your content. You agree that Gear Focus has the right to store, re-format and display your content per Gear Focus’ discretion.

You agree that by uploading to Gear Focus your content (unless otherwise noted in the Privacy Policy) may be found on third-party websites and that this is through no express fault of Gear Focus. When displaying your own Gear Focus-hosted imagery, you must provide a link along with the image or content that leads to an item's listing on Gear Focus' website.

Your information will not be used in any way that violates the Gear Focus Privacy Policy, and you hereby agree to maintain the confidentiality of other users' information, including but not limited to email and shipping address unless express permission is granted by the other user.

When communicating with Gear Focus, your unsolicited comments, suggestions, ideas, and materials pertaining to the communication (with the exception of items being sold by users) are not considered confidential, and Gear Focus is not liable for any use or disclosure. By agreeing to these terms, you agree to grant Gear Focus a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the aforementioned information in any way without the obligation of payment or acknowledgment of it's original source.

6. Censorship

Gear Focus is a customer-based marketplace, meaning it's content is largely provided by it's users. Gear Focus is not liable for that content or any deception, misuse, or misconduct on the part of its users. By agreeing to these terms, you agree that you accept the risks of using Gear Focus' services, and you agree to use proper judgement when making online trades with other users. Gear Focus reserves the right to remove information or listings that are deemed offensive, irrelevant, or intentionally deceitful. 

7. Dispute Settlement

Should any issues between you and Gear Focus arise, please contact Gear Focus immediately. Disputes with regard to the Terms and Conditions will be settled by arbitration in Illinois, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS").

In the event of issues between you and any other user(s), you agree that Gear Focus is not to be held responsible and to contact local law enforcement, should the need arise.

While Gear Focus is able to offer help mediating disputes, you agree that the sole responsibility of resolution is with the users experiencing the dispute. By using this service you are accepting these terms and waive all rights to seek compensation from Gear Focus for unresolved seller/buyer disputes.

8. Communication

Creating an account with Gear Focus establishes a business relationship (EBR) and by agreeing to these terms, you hereby consent to any and all forms of contact (where information is provided by you) from Gear Focus.

Both parties (the user and Gear Focus) are considered to be independent contractors, and are in no way creating an agency, partnership, franchise, or joint venture. The user is not an employee of Gear Focus.

9. Trademarks and Usage

Gear Focus, and all branded material, both physical and digital, including logo, icons, and service names are trademarks of Gear Focus and its affiliates. This material cannot be used without written consent from an authorized representative of Gear Focus.

Gear Focus reserves the right to exclude robot, spider, scraper, and other unauthorized technologies from use and operation of its site. All modifications and derivatives of Gear Focus are prohibited in accordance with this agreement, and such activity may lead to suspension or restriction from Gear Focus' site and services.

Gear Focus reserves the right to edit or remove content at its administrators' sole discretion, namely in the event of inflammatory, inaccurate, or defaming information being posted by users. Fraudulent activity may lead to legal recourse from Gear Focus. 

10. Warranty Information

Gear Focus, Gear Focus's affiliates, suppliers, employees, and subsidiaries cannot guarantee the validity of factory warranties on used equipment. Sellers may offer additional warranties on their own accord or through a third party and any warranty disputes are the responsibility of those parties and not Gear Focus. The Gear Focus website is used "as-is," and there is no warranty, implicit or expressed, when using the website. No information, advice, or recommendations given by Gear Focus (or affiliates, suppliers, employees, or subsidiaries) shall create any type of warranty. This information may not apply to you if you live in a state or country that does not allow the disclaimer of implied warranties. You may have other legal rights depending on local state laws and regulations.

11. Pricing and Taxation

Gear Focus offers a Price Guide function that offers pricing suggestions based on recent transactions and marketing information that may include data from other sources outside Gear Focus' website. Gear Focus cannot guarantee the accuracy of this information and users take advantage of this service at their own risk.

Gear Focus is not responsible for any tax liability pertaining to the purchase or sale of any items on its site. For information about your personal sales tax liability, we recommend that you seek professional advice. You may be subject to income tax payments based on your gross income from Gear Focus' services, and will receive a 1099 form if your income exceeds $20,000. The user agrees that their tax payments are their own responsibility and are in no way the responsibility of Gear Focus.

12. No Interest Paid

From time to time Clients may choose to leave monies in their Gear Focus account or Gear Focus may hold Client's monies to settle a transaction.  All Clients agree and accept that Gear Focus will not pay interest on such monies.  

Such excess monies may be held by Gear Focus in its general accounts.  The Client may direct a payout or application of monies by Gear Focus but monies may be temporarily restricted if they are to be applied to completing or settling a transaction.

13. Changes and Notices

Gear Focus is under no obligation to alert its users to changes in the Terms and Conditions, site rules, or any other Gear Focus policies. Keep yourself up to date on changes by frequently reviewing the site's policies, as your continued use of the site signifies your acceptance of these terms and all other site policies. 

These terms, where applicable, are intended to survive the termination or expiration of this agreement.

Effective Date: Sept 04, 2019