Last Updated: 10.07.2024

TERMS AND CONDITIONS OF USE

Welcome to Gearro!

We are pleased that you are visiting our online site – Gearro marketplace. By accessing or using Gearro marketplace, services, website, applications or in connection with the Gearro services, you signify that you have read, understood, and agree to be bound by this terms and conditions of use (the "Terms"). Accordingly, we kindly ask you to read Terms carefully, since, as example, provisions stated in Terms affects your rights and will have a substantial impact on how claims between you and us are resolved.

We reserve the right to amend these Terms at any time and without notice. If we do this, we will post the amended Terms on this page and indicate at the top of the page the date the Terms were last revised. Your continued use of the Gearro services after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Term, do not use or access (or continue to access) the Gearro service. These Terms applies to all users, visitors and others who access the Gearro service.

Read the Terms carefully and have a fun ride!

  1. WHO ARE WE
    1. Gearro is a company, with the legal entity code 306745687, with the registered address Jogailos g. 4, LT-01116 Vilnius.
    2. Gearro is a marketplace on: https://www.gearro.com (the "Site"), through which users can sell and (or) buy from other users, in both B2B, B2C and C2C forms, sports gear, equipment and related components, new and (or) used (the "Items").
  2. OUR USERS
    1. Only users who register on the Site through their own profile, by entering a valid e-mail address and password (the "Profile"), may sell and (or) purchase Items by executing transactions. For users under the age of 18 years old, the use of the Site must be through registration by and under the supervision of an adult.
    2. Users of Gearro can be:
      • individuals acting as consumers within the meaning of the Consumer Rights Directive 2011/83/EU and the relevant national implementing laws (the “Consumer Users“);
      • shops, companies, sole proprietorships, no-profit organisations and any other entity marketing the Items in the course of its business activity (the “Business Users“), (Consumer Users and Business Users both referred to the „User“ or „Users“).
    3. Items that can be sold and purchased on Gearro Site:
      • sports gear and equipment (such as bicycles, snowboards, skis, surfboards and etc.);
      • sports gear and equipment components (such as: pedals, wetsuits, wheels, helmets, shoes and etc.).
    4. Items, which are illegal under European Union legal regulations, cannot be sold and purchased on Gearro site. In case, the User tries to sell or buy illegal Items, he takes full responsibility for it.
    5. Gearro has the right to check the Items offered for sale by Users and will immediately remove advertisements relating to those that are unsaleable under this clause or any others at its discretion.
  3. USER'S OBLIGATIONS
    1. When using the Site, the User declares:
      • that the User – person is an adult natural person and has reached the age of majority (18 years old; if not, the person's parents or legal guardian must register on the minor's behalf and oversee their use of the Site);
      • that the User – person has the capacity and authority to conduct transactions on the Site;
      • that the User – person is aware of and fully responsible for fulfilling all obligations related to the purchase and sale of Items in accordance with these Terms and applicable law;
      • that User – person is aware and liable to pay the costs of the services rendered by Gearro.
    2. Users undertake to fully comply with these Terms and, in any case, following rules on the use of the Site:
      • provide accurate information when register on the Site, including, but not limited to, name and email address;
      • register on the Site only once and do not create multiple Profiles unless: (i) the User wants to have a business Profile and a personal Profile; in this case, the User cannot register using the same email address and both Profiles must be clearly separated, meaning that the personal Profile cannot be used for commercial sales and vice versa; (ii) a third party gains unauthorized access to the User's Profile; in this scenario, the User can only create a new Profile after notifying Gearro of the third party's unauthorized access and only after Gearro has blocked the original Profile;
      • not to use the Site in an attempt to carry out illegal or fraudulent transactions;
      • give accurate, thorough, and detailed prices and objective information on the Items;
      • having the authority to assign ownership of the Items that are being sold;
      • not to duplicate information or content posted by Gearro or other users;
      • not to offer, sell, buy, and (or) transfer Items that infringe upon the intellectual property rights of third parties, including those related to trademarks, design rights, copyrights, and other signs that are protected by applicable law (such as, for instance, distinctive company signs in some jurisdictions);
      • not to breach third parties' property rights and (or) personal rights (including intellectual property rights);
      • not to act in a way that compromises public safety and (or) morals or in violation of applicable laws and (or) regulations;
      • not to use programs and (or) computer files (especially those shared, published, or containing viruses) that could: (i) prevent the Site and (or) Gearro services from operating normally, (ii) infect Users' systems and cause loss or harm to other Users and third parties, and to Gearro;
      • not to provide, distribute, or otherwise advertise links to other websites and (or) businesses that offer services comparable to those of Gearro and the Site;
      • not provide, distribute, or advocate in any way for links to any websites or businesses that offer services comparable to those of Gearro and the Site;
      • not engage in data mining, screen scraping, or "crawling" any portion of the Site; also do not break down, decompile, or reverse engineer any portion of the Site or adapt, duplicate, vary, alter, distribute, or advertise any of the website's content and (or) any Gearro data.
    3. Users consent to refrain from gathering, concurrently holding, transmitting to third parties, publishing, or disclosing the information on Site Users or the information pertaining to the actions of the Site Users, including transactions, their numbers, type, price etc;
    4. Users undertake not to collect, simultaneously hold, transmit to third parties, make public, publish or disclose the information that appears on the Site, if this could infringe the rights of other Users, including, but not limited to, intellectual property rights or privacy rights. This restriction does not apply to the "share" function that exists on the Site and which allows Users to share public information available on the Site, as well as to send such information to themselves or others.
    5. Users undertake to keep Profile login information and password confidential and not to disclose it to third parties. The User is solely responsible for all activities that occur under his/her Profile.
    6. Users agree to immediately update any information on the Site that is no longer current or accurate, including information relating to Items, and information provided by the User during registration on the Site and information in the Profile.
    7. In the event of one or more violations by the User of the rules set out in this Terms part, Gearro reserves the right to immediately remove the relevant Profile from the Site, without prejudice to compensation for damages.
  4. HOW TO SELL ITEM
    1. Listing and selling Items through Gearro is free for Consumer Users. For Business Users, paid conditions might apply, each time Business User shall contact the Gearro in case they want to sell Items at Gearro.
    2. To create a sales ad on the Site, the User must access it through their Profile.
    3. Once logged in with their Profile, the User must go to the 'Sell' section and complete the relevant procedure, which includes:
      1. selecting the category of the Items ';
      2. indicating: i) Location and shipping method; ii) Type of the Item; iii) Details – general information about Item; iv) Photos (at least 3), price and other details (such as condition, title and etc.)
      3. uploading at least 3 photographs of it in its entirety (in the case of a bike, the first photograph must show the bike from the side) in original format and coming from the User themselves. For example, non-original images and (or) images downloaded from ads on other platforms cannot be used;
      4. the User's contact information. The description and photographs of the Item must reflect the actual quality and actual external appearance of the Item itself, as well as any defects or alterations affecting it.
    4. In the event of any violation by the User of the provisions pertaining to the aforementioned, Gearro reserves the right to promptly implement the necessary modifications by providing written notice to the User through email.
    5. Gearro also reserves the right to immediately remove ads that are deemed to be untrue and contain any scams, as well as to deactivate the Profile of the relevant User.
    6. No limit to the number of advertisements User may have. The User shall not in any way upload or insert onto the Site any expressions, photos, or images that are deemed immoral, contrary to common decency, or that constitute forms of discrimination (including those based on sex, race, religion, political opinions, personal or social conditions) and (or) incitement to engage in unlawful or violent behavior. Additionally, the User shall not in any way engage in any activity that could endanger the reputation or honor of Gearro, Users, or other third parties, or that could potentially spark 'flaming' incidents.
    7. In this respect, Gearro retains the right, upon verification of the aforementioned conditions, to instantly delete any material created by the User and to terminate the associated Profile; furthermore, this right does not exclude Gearro from providing compensation for any harm, including harm to the User's image. In any event, the User must indemnify and hold Gearro completely blameless with regard to any request and (or) claim made by third parties resulting from the User's breach of this paragraph, including any punitive and/or economic damages.
    8. The User has the option to make any adjustment to the advertisement until the request for the purchase is received and the Transaction is initiated. After this moment, it is no longer possible to make any changes or adjustment to the User’s published advertisement.
  5. HOW TO BUY ITEM
    1. The User must log in to the Site using his or her Profile, choose the desired Item, and click on the appropriate sale ad in order to purchase the Item through Gearro. The User can either safely purchase the Item by utilizing Gearro's services as outlined below.
    2. Purchases made by Users directly from one another, without the use of Gearro's services, are solely and totally the responsibility of the Users. Only if the Users uses the Gearro services (buying or selling Item through Buy now, by using Gearro chat or etc.), Gearro assumes all the responsibilities specified in these Terms. Gearro is not responsible for the payment service providing by Stripe.
    3. Gearro provides a service that enables users to safeguard their purchases by using an encrypted payment method and sending items in an insured manner (the "Buyer's protection"). Buyer's protection is a Gearro service, not an insurance or legal protection program. It doesn't take the place of Users' promises or legal rights.
    4. To utilize the Buyer’s protection service, the buying User must select the appropriate option during the purchase process by clicking on the “Buy now” button.
    5. Payment for the Item shall be made through the Stripe or any other payment method that may be entered from time to time. The money will not be paid immediately to the selling User, but will only be transferred to him after the buying User has received delivery of the Item and has accepted it by pressing „Everything is OK“ button.
    6. The User shall in fact have the possibility of obtaining a full or partial refund, when decided by Gearro. Gearro takes particular account of when:
      • the Item received differs considerably from the one in the relevant sales ad;
      • the Item received is damaged or defective or broken;
      • the Item is not delivered.
    7. It is clear and understood by the User that in any case the final decision regarding the full or partial refund rests with Gearro.
    8. Within 48 hours of receipt of the Item or after the delivery deadline, the buying User may report to Gearro any of the above issues by accessing the Site under “Purchases” and clicking "I have an issue“ button. In this section, the buying User must enter the subject of the request, a description of the problem encountered, and the terms of the possibility of returning the Item to the selling User.
    9. Gearro will suspend the transaction in favor of the selling User until the issue is resolved and will contact the buying User and selling User, via the email address provided by the User when registering for a Profile, to confirm demonstrate the property basis of the claim.
    10. Item will be considered damaged or defective or broken if it exhibits obvious cosmetic, technical and (or) functional alterations that would render it inconsistent or unsuitable and (or) dangerous to the use that the User legitimately expects. Item will differ materially from the Item contained in the relevant sales announcement to the extent that it presents different relevant characteristics (including type, size, color, design) and is likely to ability to affect the use and appearance of the Item. Users make legitimate purchases based on the description and images that appear in the sales ad. Minor differences and (or) inconsistencies will not be considered valid for the purposes of this Terms.
    11. If Gearro, in its sole discretion, approves or solve a claim, it might cancel the transaction. Users who make a purchase will receive a full refund for the payment made in the same manner as was made.
    12. All the Items, which User would like to return, shall be in like-new condition with no cosmetic damage or worn parts, not used. Otherwise, if the Item is used or any of the cosmetic damage or worn parts appears, the Gearro may decide that it is not possible to return the Item.
    13. 48 hours after delivery of the Item where the buyer User does not report a problem, the Item will be deemed as definitively accepted and the corresponding price will be paid by Gearro to the seller User in their Virtual Wallet thereafter into their bank account.
    14. User agrees to comply with the complaint procedures set forth in these Terms and to cooperate with Gearro to help Gearro make the best decisions regarding any complaints and (or) issues based on the objective criteria are outlined in this document. In this regard, Gearro is not liable in connection with the Terms during the verification stage of the subject matter of the complaint.
  6. SECURE PAYMENTS
    1. Payments through the Site are processed by Gearro in partnership with Stripe. Stripe is a payment processing service through credit cards, debit cards, PayPal, or any other payment method linked to an IBAN code of a bank account where transactions are processed. Gearro does not process payment data directly: it is handled by Stripe in complete safety, security, and compliance with applicable regulations.
    2. Selling User shall configure on the Site their own virtual wallet on which to receive transactions in total security (the “Virtual Wallet”), following the relevant procedure.
    3. Once the transaction is completed, the price of the Item will be transferred to the selling User to his Virtual Wallet and subsequently to the selling User's bank account, which the latter has associated with the Virtual Wallet.
    4. Gearro supports its Users in using the Virtual Wallet and provides related assistance, however Gearro is not responsible for . Users must provide accurate information associated with credit cards, debit cards and any other payment methods offered on the Site.
    5. Without prejudice to ongoing transactions, Gearro reserves the right to suspend and/or discontinue, with separate notification where possible, the availability of any service for commercial and (or) technical reasons.
  7. SHIPPING
    1. Shipment of purchased Items will be handled entirely by Gearro, with its own trusted couriers and at a cost borne by the Buyer.
    2. In all cases the Seller is responsible for the packaging. It is being understood that Gearro cannot be held liable in any way with regard to any problems arising from improper, insufficient packaging.
    3. Selling User have five (5) calendar days to pack and order a pick-up time. If the selling User does not book a pick-up within five (5) days of receipt of the packaging, the sale of the Item will be deemed cancelled by Gearro and the purchasing User will be refunded.
    4. It is recommended by Gearro to use the strong outer packaging, to protect the Item from dirt, moisture, any of the damage or etc. It is also recommended by Gearro to fill in the blank, if any, (bubble wrap, foam, paper, newspaper or corrugated cardboard can be used) in order to prevent Items from moving inside. The label of the shipping shall be attached properly as well. Gearro strongly recommend to take photos of packed Item, since photos might be potential evidence in case of dispute - at what condition was Item packed.
    5. In any event, collection of the Item shall not take place earlier than five (5) days after acceptance of the sale of the Item by the selling User.
    6. Once the Item has been shipped, the buying User will be able to track the status of the delivery using the Shipment Tracking System accessible through the appropriate link on the Site. The Shipment Tracking System exclusively reflects the tracking information provided by the courier responsible for the package.
  8. BUYER PROTECTION FEE
    1. For the Buyer protection service Gearro shall charge the buying User a fee equal to 8% of the price of the purchased Item (including applicable taxes on the price of the Item). The amount of the fee will be quantified in Euro (or other local currency) in the order summary, which can be viewed by the buyer prior to finalization of payment. The cost of Gearro Buyer's protection service always includes VAT.
    2. It is understood that Gearro shall in no way be involved in purchases made outside the Site and disclaims any liability arising out of or relating to such purchases.
  9. CHAT ON THE SITE
    1. Gearro chat system on the Site has the sole purpose of allowing Users to share information about Items, before and after their purchase.
    2. Users may not send via the Site's chat:
      • messages for publicizing, advertising purposes;
      • spam or content spreading viruses or so-called 'worms';
      • mass mailings of any kind;
      • messages containing writings opposite to open security and ethical quality, with improper, insulting and (or) defamatory substance and (or) in any case of an illegal nature and with the point of causing harm of any kind to other Clients and (or) third parties.
    3. In such cases, Gearro reserves the right to delete the User's Profile from the Site and to remove any sales advertisements associated with it, without prejudice to compensation for damages.
  10. PROCESS OF BUY & SELL
    1. After the buying User selects the Item, he will be taken to the order summary where he will be shown (i) the characteristics of the Item, (ii) the total cost, including the price of the Item, the shipping costs and the costs of the Buyers protection service. By clicking on "proceed" the buying User will be directed to Stripe to process the payment.
    2. Once payment has been made, Gearro will contact the selling User with the purchase proposal. The selling User will have 48 hours to accept or reject the purchase proposal. In case of acceptance, the selling User must notify Gearro indicating the coordinates for the withdrawal of the Item. If 48 hours have elapsed without the selling User having accepted the purchase proposal, it shall be deemed to have been rejected.
    3. Gearro courier will collect the Item and deliver it to the buying User. If, within 48 hours of delivery, the buying User does not raise any complaints about the received Item, Gearro will transfer the price of the Item to the Virtual Wallet of the selling User and, subsequently, to his bank account.
    4. After the buying User decides to buy and press the Buy now button, the buying user cannot cancel its purchase proposal. If the Users do not reach an agreement on the proposed purchase, or the selling User rejects the proposal, Gearro will refund the full payment to the selling User.
    5. The selling User may refuse the sale of its Item no later than 48 hours after the relevant purchase proposal. In this case, Gearro will inform the buying User and reimburse him in full for the payment made.
    6. The User purchasing through the Site with Buyer‘s protection will be party to two separate agreements: (i) a purchase and sale with the selling User and (ii) a service agreement with Gearro (Terms).
    7. Both the buying User and the Selling User acknowledge that through the Buyer‘s protection procedure a legally binding agreement is established between them when the selling User's acceptance reaches the buying User.
    8. The User who uses Buyer‘s protection acknowledges and agrees to enter into a legally binding agreement with Gearro in respect of and in accordance with these Terms.
  11. LIABILITY
    1. All Users are fully responsible for the information they post on the Site as well as the Items they offer and sell to other Users through the Site. Users therefore acknowledge and agree that they are fully responsible for any Items uploaded to the Site, as well as for the description, photographs and any information and features posted on the Site and statements made to other Users, including private messages through the chat system and reviews.
    2. Users are solely responsible to other Users with respect to disputes that may arise between them, except in cases where such disputes are caused by Gearro failure to comply with its obligations in relation to the Buyers protection service. In any case, any liability of Gearro shall not exceed the price of the Item published on the Site.
    3. Users acknowledge and accept that Gearro shall in no event be liable for any damage and (or) loss suffered by other Users and (or) third parties in connection with the Items, as well as a result of a breach by Users of these Terms. In particular, by way of example and without limitation, Gearro shall in no event be liable for: (i) the safety, quality and quantity of the Items that Users sell or purchase through the Site, nor of the conformity of them with the description and photographs provided; (ii) the actions or omissions of Users, (iii) the adequacy, accuracy, exhaustiveness and (or) lawfulness of any content produced by Users on the Site; (iv) any problems relating to transactions, except as expressly provided for against Gearro by these Terms.
    4. Users must use the Site correctly and comply with all laws, rules and regulations that are applicable to them. In particular, Users must refrain from (i) infringing the rights of third parties, including intellectual property rights; (ii) offering Items for sale that violate laws or regulations; (iii) inciting the commission of crimes and/or acts based on discrimination, hatred or violence due to race, ethnicity or nationality; (iv) communicating incorrect or confidential information; (v) posting content or reviews that are defamatory, abusive, unlawful or otherwise contrary to public order; (vi) posting the personal data of other individuals or violating their privacy.
    5. Gearro acts as a mere intermediary between Users. If a User reports misconduct by another User to Gearro, Gearro may provide assistance to the party concerned. Where required, Gearro will also cooperate with the local authorities.
    6. Gearro is not responsible for content created by Users. Users remain solely and exclusively responsible for their content. Therefore, they acknowledge and accept that Gearro has no contractual obligation to carry out any verification of the content or articles published and that it cannot in any case be held liable for any damages and/or losses suffered by Users and/or third parties in connection therewith. In this regard, Gearro will remove from the Site any illegal content that has been duly reported to it by Users and/or third parties.
    7. If an Item has any problems with the safety and quality of the product, Gearro will not be held liable in any way and advises Users to stop using the Item immediately.
    8. Gearro is not responsible for any tax or reporting liabilities that may arise for Users from activities carried out through the Site. The Users themselves are solely responsible for any tax reporting obligations that may arise from applicable legislation.
    9. In compliance with applicable laws and regulations, Gearro takes all appropriate measures to protect the security of the data provided by Users and to prevent the services offered from compromising the data and software stored on Users' computers, tablets or smartphones. However, even if appropriate measures are taken and comply with legal requirements, Gearro systems may still be compromised by unforeseeable events such as cyber-attacks or security breaches affecting data transmission or affecting the volume and speed of data transmission. In this regard, Users shall take all appropriate measures to protect their data and/or software, in particular from contamination by any viruses circulating on the Internet.
    10. The Site and the information and content contained therein are provided by Gearro without warranties of any kind. Gearro (and its agents, affiliates, licensors and suppliers) disclaim all warranties, express and/or implied, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
    11. In no event shall Gearro (or any of its agents, affiliates, licensors, or suppliers) be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Site, the posting of for sale listings of Items, the Buyers protection service, including, without limitation, damages deriving from the use of the Site by unauthorized Users and/or not in compliance with these Terms, third party claims in relation to possible violations of third party rights, inaccessibility and interruptions of the Site, or from problems in any way connected to the network, telephone lines, failure and/or malfunction of Users' electronic equipment.
  12. INTELLECTUAL PROPERTY
    1. Gearro retain all right, title and interest in and to this Site and its products and services, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, and other material available on our Site and nothing on this Site may be copied, imitated or used, in whole or in part, without our or the applicable licensor’s prior written permission. Gearro reserves all rights not expressly granted.
    2. Any unauthorized reproduction is prohibited.
    3. User must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialize, publish or create derivative works from any part of the content, format or design of this Site.
    4. Gearro does have the right to use information and material posted to the site and affiliated sites by you, the user. Gearro will cite the source of information when necessary and use best practices in protecting any users intellectual property rights.
  13. APPLICABLE LAW AND DISPUTE RESOLUTION
    1. These Terms are governed by Republic of Lithuania law.
    2. In the event of a dispute between the User and Gearro, Users may first contact Gearro in order to reach a consensual and amicable settlement. In any case, any dispute between Users and Gearro shall be deferred to the exclusive jurisdiction of the Court of Republic of Lithuania.
  14. CONTACT US
    1. If you have any questions about the Terms, please email us at [email protected].