Terms of Service

Last updated: 15 January 2025

1. Introduction

Welcome to Gear (the "App"), a marketplace that allows users to buy and sell car parts. By creating an account or using Gear, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the App.

2. Eligibility

• You are at least 16 years old;
• You are legally able to enter into contracts;
• The information you provide is accurate and kept up to date.

3. Role of Gear

Gear provides a platform for users to list, buy, and sell car parts. Gear does not own, inspect, or guarantee any items listed on the App. Listings are created by independent third-party sellers. Any contract of sale is between the buyer and the seller, not Gear.

4. Fees

Gear charges a 10% marketplace fee on the total sale amount, including item price and shipping. This fee is automatically deducted at the time of sale and is non-refundable.

5. Payments

Payments are processed by Stripe. By using Gear, you also agree to Stripe's terms and policies. Gear does not store complete credit card numbers. We receive tokens and limited payment data from Stripe to facilitate orders and payouts.

6. Shipping

• Sellers must dispatch items within the timeframe stated in the listing.
• If no handling timeframe is stated, sellers are expected to ship within a reasonable time, which is generally within 7 business days of payment confirmation.
• Buyers are responsible for providing a correct delivery address and paying the stated shipping cost.
• Gear is not responsible for lost, delayed, or damaged shipments. These remain the responsibility of the seller and/or the shipping carrier.

7. Refunds & Returns

All sales on Gear are final, except where an item is significantly not as described in the listing.

Refunds may be approved if:

• The item received is materially different from the listing;
• The seller stated incorrect specifications (e.g., wrong make/model/year);
• The item is counterfeit or fraudulent.

Refunds are not available for:

• Change of mind;
• Buyer error in fitment or compatibility;
• Shipping delays or courier issues;
• Wear or condition consistent with the listing;
• Damage caused after delivery.

8. Disputes

• Buyers must raise disputes within 14 days of delivery.
• All disputes are reviewed by Gear.
• Gear's decision is final and binding.

Enforcement

• Filing false or fraudulent disputes may result in account restriction or removal.
• Attempting off-platform refunds or chargeback abuse may result in account restriction or removal.

9. Prohibited Listings

You may not list any of the following:

• Stolen parts or items you do not have the right to sell;
• Airbags, pyrotechnic or explosive components, or other highly dangerous items;
• Items requiring a licence to sell where you do not hold that licence;
• Illegal modifications or items that are unlawful to sell in your jurisdiction;
• Counterfeit or fake parts, including replicas sold as genuine OEM;
• Items unrelated to automotive use.

10. User Conduct

Users agree not to:

• Scam, mislead, or defraud others;
• Post false, misleading, or incomplete information;
• Harass, abuse, or threaten other users;
• Attempt to bypass Gear's fee system or encourage payment outside the App;
• Use Gear for any unlawful purpose.

11. Off-Platform Transactions (Strictly Prohibited)

All transactions on Gear must be completed entirely within the Gear App using Gear's approved payment systems.

The following actions are strictly prohibited:

• Requesting, encouraging, or directing another user to complete a transaction outside the App;
• Sharing or requesting contact information (including phone numbers, email addresses, social media handles, messaging apps, or external websites) for the purpose of completing a sale off-platform;
• Accepting or requesting payment outside of Gear, including via bank transfer, PayID, cash, PayPal, cryptocurrency, or any other external payment method;
• Attempting to bypass, reduce, or avoid Gear's marketplace fees;
• Creating listings or messages designed to move buyers or sellers off the platform.

Any transaction completed outside of Gear is not covered by Buyer Protection or Seller Protection, cannot be tracked or verified by Gear, and is conducted entirely at the users' own risk.

Gear may take enforcement action for violations of this policy, including removing listings, restricting account features, holding payouts, suspending accounts, or permanently banning users.

12. Seller Responsibilities

• Accurately describe items, including condition and known defects;
• Use your own photos or properly licensed images, clearly showing the actual item;
• Ship items promptly and provide valid tracking;
• Comply with applicable consumer and product safety laws.

13. Buyer Responsibilities

• Review listings carefully before purchasing;
• Check compatibility and fitment for your vehicle;
• Communicate respectfully with sellers;
• Report suspected fraud or policy violations to Gear.

14. Liability

Gear is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Gear disclaims all warranties, express or implied. Gear is not liable for any indirect, incidental, or consequential losses, including but not limited to loss arising from buyer/seller conduct, shipping issues, or third-party services such as Stripe or couriers.

15. Account Suspension

We may suspend or terminate any account, or remove listings, at our sole discretion if we believe a user has violated these Terms, engaged in fraud, or created risk for other users.

16. Account Deletion Restrictions During Investigations

Users may not delete their Gear account while an investigation is active. Gear may temporarily block account deletion if:

• A fraud or scam investigation is in progress;
• A buyer protection claim is open;
• A chargeback or payment dispute is pending;
• There are outstanding shipments or unresolved order issues;
• The user has unpaid fees or a negative balance;
• Gear's automated systems or payment partners have flagged the account for suspicious activity.

During this period, the account may be restricted from deleting or modifying certain information, accessing payouts, or closing the account entirely. Gear may preserve account and transaction data as needed to comply with financial regulations, fraud prevention requirements, payment partner rules, and law enforcement requests. Accounts may only become eligible for deletion once all investigations, disputes, and compliance checks are fully resolved.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may notify you via the App or by email. Your continued use of Gear after changes take effect constitutes acceptance of the revised Terms.

18. Contact

For questions about these Terms, you can contact us at:

Email: support@gearapp.com.au