1.Scope and Introduction
This website is operated by My Gear Fetish. Throughout the site, the terms “we”, “us” and “our” refer to My Gear Fetish. My Gear Fetish offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, creating a listing and/ or bidding or purchasing something on this site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or parts thereof. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Our Services are available only to individuals who can enter into legally binding contracts under applicable law. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence. Our website and services do not address anyone under the age of 18 (Children). Our website and services are intended for and directed to adults. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to maintain at all times the accuracy of your account information including contact information and address details.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to modify or remove a listing for any reason at any time.
3.Registration and Buying
Joining My Gear Fetish, browsing and participating in bidding are free. There are fees associated with selling an item, outlined in the Fees section below. Before you can list an item for sale or bid via online bidding, you must register online. The registration page can be accessed by clicking here. Registration may sometimes not be effective immediately. Once you have registered you should keep your account details strictly confidential and you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all bids made via your account.
2.Online bidding process
Each online auction will start at the specified time and nominated minimum starting price set by the seller, and end at the designated ending time set by the seller.
The seller may choose to apply a minimum amount (reserve) that they will accept for the item.
The bidder may choose to bid the next incremental asking price, or higher. If a higher amount is bid, the bidder will become the lead bidder.
Bids will automatically be applied, in increments, up to the maximum bid entered by the bidder.
|Bidding range ($AUD)||Incremental increase ($AUD)|
|$50.00 – $199.99||$2|
|$200 – $499.99||$5|
The winner of an item is the person who has placed the highest bid when the auction ends. If you bid at an online auction you are responsible for monitoring the online auction in which you are participating and acting if you have been outbid.
3.Obligations as a bidder
When you use the Service and bid on an item during an online auction conducted on our Site, you are making an offer to buy the item at your bid price. If your bid price is the winning bid amount, you will be the winning bidder and are obliged to purchase the item you have bid on. REMEMBER: When you make a bid you are entering into a legally binding contract. If you are the successful high bidder you must pay for and arrange delivery or collection of your item(s) within three calendar days. Do not bid on an item unless you are able and willing to pay for it. It is your responsibility to read the product information about the auction item in advance and ask any questions of the seller.
You must not engage in bid manipulation. Bid manipulation is any practice which unfairly induces other users to make bids or controls the bid price. This includes (but is not limited to) bidding in a way that pulls other bidders to their maximum bid, retracting the high bid, and then re-bidding at a small increment above the legitimate high bidder or employing Shill Bidding, which is, the use of secondary registrations, associates or aliases to artificially raise the bidding on an item. Buyers are also prohibited from communicating with each other for the common purpose of manipulating the final purchase price of an item.
4.Obligation to pay
You must deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, or a clear typographical error is made. We use a third party provider called Stripe to facilitate payment to the Seller, net of fees. Use of Stripe is subject to their Terms of Service
We are not responsible if information in a listing on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
My Gear Fetish is an intermediary and not a contractual party to the buying or selling.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. 4.Returns
Each seller sets their own return policy. Items won are subject to return or exchange according to that sellers policy. Review this policy before committing to bid on an item and raise any questions beforehand with the seller. If the item is being returned because of a change of mind, the buyer is usually responsible for return shipping. If the goods are defective or not what you ordered the seller will usually be liable for return shipping. If the goods have not arrived, the onus will be on the seller to prove it was posted to the buyer and it is highly recommend the seller uses a registered postal service and takes out appropriate insurance to cover for loss and damage.
While using the Service, you will not:
- infringe any laws or third party rights or our policies
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity; or
- post false, inaccurate, misleading, defamatory or offensive content (including personal information). This is a site for people to find gear that aligns with their fetish. Sometimes that includes items that have been pre-loved. There is a fine line between what is acceptable and what isn’t when it comes to these used items which changes for each person. While we do allow pre-loved items to be advertised for sale on this site, we ask:
- The seller select a category to make it clear if their item is already pre-loved, the item can be offered as clean or pre-loved, or the item is sold clean.
- If the item is sold as pre-loved, the buyer accepts it in this state.
- If the item is sold as clean, the seller adheres to this.
- If the item can be offered as clean or pre-loved, the buyer and seller may enter into discussions as to what this means after the buyer has secured the item by way of winning bid.
- If you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of the Site you will be liable for a final value fee applicable to that item.We reserve the right to modify or remove a listing for any reason at any time.
6.Processing and Technological Errors
In the event of errors in processing and/or Site downtime or any other errors or delays caused to the Site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:
- Decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion)
- Decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time – to be determined at our discretion
- Retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction
- Amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault
- Void that entire online auction transaction and open the auction again at the original starting price
If you are a seller, you are liable for transaction fees arising out of all sales made using the Service, even if sale terms are finalised or payment is made outside of the Site.
If you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of the Site you will be liable for a final value fee applicable to that item.
The fees we charge are as follows:
|Listing fee per item||$0|
|Final value fee||11.4%|
You only pay when an item sells.
Final value fee includes settlement of merchant costs.
Sales are settled by the buyer using a third party merchant – Stripe. The final amount, net of final value fee will be deposited in your account. The first payment can take up to seven calendar days after the buyer makes payment, but can be up to fourteen.
Unless otherwise stated, all fees are quoted in Australian Dollars and no GST or sales tax is added.
Prices for our Service are subject to change without notice. 8.Feedback
At the end of an auction, the winning buyer and seller may leave feedback for each other.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You understand that your content (not including banking information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and banking information is always encrypted during transfer over networks.
We encourage all sellers and buyers to comply with all governmental laws and regulations, both domestic and abroad. Since the import and export of items are highly regulated by law or may cause harm to us or our members, members should educate themselves on the laws governing the import and export of items prior to listing those items.
Members are responsible for making sure their transactions are lawful in both the country of the seller and the country of the buyer.
We strongly encourage all members to learn about the laws in their own country as well as the countries where they plan to do business.
Each country has different laws that limit the types of goods that can be imported into their country. For example, the buyer’s country might have restrictions that might result in the seizure and destruction of the imported item. We recommend that you discuss possible import problems with your potential buyers, and do research to avoid any problems.
If you import commercial goods or samples, you may require a permit. Commercial goods (goods intended for resale) may have special entry requirements, and it’s up to you to educate yourself on the laws to ensure you’re in compliance
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, intersex status, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
(l) to transmit any worms or viruses or any code of a destructive nature;
(m) to distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes; or
(n) To harvest or otherwise collect information about users, including email addresses, without their consent.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
You may close your account at any time by writing to us at email@example.com, subject to having no active auctions and no outstanding fees.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14.Intellectual Property Rights and Copyright
You agree not to reproduce, duplicate, copy, sell, resell, modify or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
15.Limitation of Liability
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold us responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our site is a venue to allow anyone to offer, sell and buy. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. My Gear Fetish is an intermediary and not a contractual party to the buying or selling.
When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not us – are responsible for enforcing any rights that you may have.
You alone, and not us, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in your country and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.
We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the Services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Services.
To the extent that we are able to limit the remedies available under this Agreement, we expressly limit our liability for breach of a non-excludable statutory guarantee to the following remedies:
· the supply of the services again; or
· the payment of the cost of having the services supplied again.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall My Gear Fetish, our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless My Gear Fetish and our owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org