GEARhub was built for all music makers everywhere. We have worked hard to foster a friendly, passionate, and accepting community of buyers and sellers from all backgrounds, and we are committed to ensuring that GEARhub continues to be a place where all players feel welcome to explore, buy, sell, and find inspiration.

There are legal standards, and then there are the rules of the community. With that in mind, we’ve created the following community guidelines. With every decision, we keep our entire community—including their cultural differences and opinions—in mind. While some situations may fall outside of what we’ve defined below, every decision will be made in alignment with our belief that anyone who wants to buy or sell on GEARhub should feel safe and empowered to do so. In general, we want our buyers and sellers to be kind, friendly, and honest and treat all members of our community with dignity and respect.

1. GEARhub Code of Conduct
2. Listing Standards
3. Intellectual Property Policy
4. Shop Policies
5. Binding Sale and Shipping Obligations
6. Delivery Policy and Refunds/Returns
7. Drop Shipping and Pre-Order Policy
8. Canceling Orders
9. Off-Site Transactions/Void Transactions/Fee Avoidance
10. Courier & Shipping
11. Sales Tax
12. Waiver of Claims
13. GEARhub Code of Ethics

1. GEARhub Code of Conduct

GEARhub respectfully requires that all users of its Sites adhere to the following Code of Conduct as a prerequisite to being a member of the GEARhub community.

• Always adhere to GEARhub’s Terms of Use. https://gearhub.allbang.co.za/terms-of-use
• Only use the platform if you are over 18 years old or have the supervision of an adult or guardian who is over 18 years old.
• You are solely responsible for your conduct and activities on and regarding to GEARhub and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on GEARhub.
• Your Content and your use of GEARhub shall not be false, inaccurate or misleading, fraudulent or involve the sale of illegal, counterfeit or stolen items. You may not list items that encourage the sale of counterfeit or fraudulent items such as blank certificates or other blank items that can be used to claim authenticity. Nor can you sell certificates of authenticity independent of the actual instrument or gear to which it’s attributable.
• You shall not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
• You shall not violate any applicable law, statute, ordinance or regulation.
• Do not use a fake identity, one confusingly similar to GEARhub or its brands, or one confusingly similar to another brand or well-established third party.
• Do not create a new or alternate account to avoid restrictions or limitations imposed on another account.
• Do not interfere with another users’ business or listing(s).
• Do not take any transaction off-site, nor encourage anyone to engage in any off-site transaction of any kind.
• Do not share your, another user’s or a third party’s personal contact or financial information, including phone number, address, email, social media handles, external URLs, banking information, etc., with another GEARhub user or in any public areas of the Site, except as required by law, or as directed by GEARhub. Personal information is subject to GEARhub’s Privacy Policy which you must acknowledge to use GEARhub’s services.
• Do not make false or misleading claims about other users.
• Always treat other users with respect.
• Always treat the GEARhub staff with respect.
• Do not make threats against GEARhub, its staff, or any user.
• Always provide accurate personal and contact information in your GEARhub account.
• Do not engage in any illegal activity, including the counterfeiting infringement or infringement of intellectual property, listing items that do not exist or you do not own, offering unlawful or prohibited items, shipping items that are different from your listing or the applicable order, money laundering or other forms of fraud.
• Do not engage in discrimination or hate speech of any kind including adverse actions based on or references to any Protected Class. Protected Classes on GEARhub include: age, race, ethnicity, national origin, religion, gender, gender identity, disability, sexual orientation, or any other characteristic protected under applicable law.
• Do not use the platform to engage in threats of violence or to encourage violence in any manner.
• Do not use the platform to harass, impersonate or intimidate other users.
• Do not use the Site to engage in the transmission of pornography or any obscene materials.
• Your access to any and all GEARhub websites is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a GEARhub user. Determinations will be made at the sole discretion of GEARhub and may be implemented without warning or the ability to cure.

2. Listing Standards

In order for GEARhub to function optimally, GEARhub sellers must adhere to the following standards governing their listing(s): GEARhub reserves the right to examine listings and take appropriate action should an item or listing violate GEARhub’s policies or Terms of Use.

What can be sold on GEARhub:

GEARhub is a unique marketplace for music makers everywhere. Everything listed for sale on GEARhub centers on music; creating it, playing it, performing it, listening to it and merchandise for music lovers. We think of qualifying items in four broad categories:

• Those you play (and their parts), like instruments, strings, or recording equipment for your vocal instrument!
• Items that enhance playing, like guitar straps or picks, lesson guides, or pedals.
• Items that facilitate creating music or a performance, like mixing boards, amplifiers, lighting equipment, or a drum throne.
• Accessory items related to all things music fandom, from bands to brands to collectibles.

What can’t be sold on GEARhub:

Some items are not allowed to be listed for sale on the GEARhub marketplace, even if they are instruments or used to make music. This includes prohibited items, and items that otherwise violate GEARhub’s policies, including the Terms of Use and Intellectual Property policy. By listing an item on the Site you warrant that you and all aspects of the item comply with GEARhub’s published policies.

Hard-drive, USB drive, USB stick, portable disk or any other similar format of digital data storage that contains preloaded sounds, recordings or other media are prohibited on the Site.

Listing Quality Standards :

• You warrant that you may legally sell the item.
• You must accurately describe your item and all terms of sale in your GEARhub shop.
• Your item must be accurately described and be authentic. GEARhub reserves the right to require Certificates of Authenticity (COA), Letters of Authenticity (LOA), or serial numbers demonstrating that an item is what it is purported to be.
• Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item supplied by yourself.
• You may not use stock photography unless you are an authorized dealer or it is a pre-order offer direct from a manufacturer or an authorized distributor. You also may not use content developed by third parties without their express written permission.
• Listings may not include links or reference to other selling venues, external listings, websites or selling channels. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited. Any such additions will be removed from the listing by GEARhub without notice.
• All items must be listed in an appropriate category with appropriate tags.
• Each listing must accurately and completely describe the item/items for sale in that listing.
• If the “in stock” quantity is more than one, all items in that listing must be identical.
• Each unique item must have its own listing.
• Your listing shall not promote the sale of gear or the use of images that denigrate any Protected Class, unless there is established and recognized historic, artistic, social or political value in the gear or image. GEARhub will carefully review any such listings in order to provide a fair and reasonable resolution, but GEARhub retains the sole right to make any final determination on this issue.
• Your listing shall not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Your listing shall not host images not part of a listing.
• Your listing shall not modify, adapt or hack GEARhub or modify another website so as to falsely imply that it is associated with GEARhub. Your listing shall not appear to create liability for GEARhub or cause GEARhub to lose (in whole or in part) the services of GEARhub’s ISPs or other suppliers.
• Your listing shall not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under the Terms of Use, the Privacy Policy, or other policies as posted on GEARhub.
• Your shop may not contain a name deemed offensive, in GEARhub’s sole discretion.
• You may not list any item on GEARhub (or consummate any transaction that was initiated using GEARhub’s service) that, by paying to GEARhub the listing fee or the final value fee, could cause GEARhub to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
• The price stated in each item listing description must be an accurate representation of the sale.
• GEARhub reserves the right to edit or amend listings that violate any of its terms, conditions or policies.
• Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items.
• Sellers may not charge excessive shipping fees.
• You may not misrepresent the item’s location, or use another user’s account without permission.

Your access to any and all GEARhub websites is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a GEARhub user. Determinations will be made at the sole discretion of GEARhub and may be implemented without warning or the ability to cure.

Listing Guidelines :

3. Intellectual Property Policy

GEARhub takes intellectual property infringement very seriously and has policies specific to Copyright and Trademark infringement located in the Terms of Use. If you believe intellectual property infringement is taking place, please contact GEARhub here. GEARhub will take the necessary steps to contact the alleged infringer and prevent any continuing infringement.

4. Shop Policies

All sellers are urged to outline shop policies for their GEARhub shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with GEARhub’s Site-wide policies. Sellers are responsible for enforcing their own shop policies. GEARhub reserves the right to request that a seller modify a shop policy.

5. Binding Sale and Shipping Obligations

All sales are binding. The seller is obligated to package and ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance as outlined in Section 7, Buyer or Seller Initiated Cancellations. If the seller agrees to 2-day free shipping, the seller is obligated to deliver the item in two days. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance outside of the buyer’s reasonable control. By purchasing an item on GEARhub, the buyer agrees to the specific return and other policies set forth by the individual seller and the seller is obligated to adhere to their return and other policies. Both buyer and seller acknowledge and agree that transactions on the Site are between the buyer and seller. The Site exists as the platform for the transaction, but does not make GEARhub a party to the transaction. Accordingly, GEARhub retains the right to suspend or terminate a user’s privileges for failing to consummate a transaction, but GEARhub does not have a mechanism to force the completion of a sale or force acceptance of payment. Any failure to complete a binding sale may result in immediate termination of your membership to GEARhub.

6. Delivery Policy and Refunds/Returns

If you sell an item on GEARhub, you are obligated to deliver the actual item that was sold, or one of the series, in a reasonable period of time after the sale. You cannot deliver a substitute or replacement item, or withhold delivery, without the express consent of the buyer. If you have not shipped within three (3) business days of completing the sale, GEARhub reserves the right to issue a refund to the buyer on your behalf. To the extent there are issues with payment, please contact GEARhub Support.

GEARhub encourages buyers to contact sellers when any issues or questions arise related to their order, and you should work with the buyer to resolve issues directly. If a buyer wishes to return an item, you are obligated to follow your shop policy on returns and refunds or, in the instance of a sale in the EU, may be obligated to accept a return pursuant to EU law (Please observe and understand the requirements in the EU set forth here). If you agree to refund an item, you must issue the refund within two business days of your receipt of the product.

If you are unable to resolve an order issue with a buyer directly, GEARhub may be able to assist. See GEARhub Protection : https://gearhub.allbang.co.za/gearhub-protection

GEARhub may attempt to resolve disputes in GEARhub’s sole discretion, and GEARhub has no obligation to resolve disputes between users and outside parties. To the extent that GEARhub attempts to resolve a dispute, GEARhub will do so in good faith based solely on GEARhub’s policies, and you understand that GEARhub may use your personal information for the purpose of resolving a dispute.

7. Drop Shipping and Pre-Order Policy

Drop shipping is the process of using chain shipping to have an item shipped directly to the Buyer from another retailer, merchant, or a source besides yourself and your shop.

Pre-Orders are listings for items which have not yet been manufactured, or which are otherwise not currently available for shipping.

In order to ensure speedy delivery and outstanding service on gear sold through GEARhub, only sellers who are an authorized dealer of, or who are the maker of the item being listed may create listings for drop shipping or pre-orders. GEARhub reserves the right to request additional information to verify whether or not a seller meets the criteria for drop shipping and/or pre-orders (e.g. dealer documentation, wholesale invoices, etc.).

Sellers who wish to use drop shipping must meet the following conditions:

• Listings are posted as pre-orders if there is no immediately available stock
• Items are shipped in accordance with GEARhub’s Community Guidelines.

Sellers who wish to list pre-order items must meet the following conditions:

• The seller must first receive pre-approval by GEARhub. Contact GEARhub Support.
• Items are shipped based on the estimated ship date provided by the seller.

In all cases, the seller cancellation rate must be in line with the GEARhub Community Guidelines.

Failure to adhere to these conditions may result in account restrictions. GEARhub reserves the right to deny or remove this ability if the seller fails to meet the criteria shown above, or if we determine the seller is unable to provide a satisfactory buying experience to customers.

8. Canceling Orders

If you are unable to fulfill an order and must cancel and refund it, please keep in mind that cancellations and refunds must follow GEARhub’s policy, including our anti-discrimination policy.

Seller-initiated cancellations create a poor experience for buyers. To help maintain buyer trust and limit seller-initiated cancellations, GEARhub expects seller listings to accurately reflect a seller’s inventory. Processing fees for GEARhub Payments will be refunded for up to and including five (5) seller-initiated canceled and fully refunded orders per month only. Processing fees for GEARhub Payments will not be refunded for additional seller-initiated canceled and fully refunded orders.

What does “seller-initiated” include?

• Cancellations requested by the buyer through the refund request tool only are not considered “seller-initiated”. Any attempts to persuade a buyer to cancel so that the seller may avoid the cancellation policy will result in account action.
• Cancellations resulting from the item being lost in transit or damaged during delivery are not typically considered “seller-initiated”, because we understand that sometimes carrier mistakes are made. Please note that these claims are monitored for abuse and in some cases, supporting documentation may be requested.

9. Off-Site Transactions/Void Transactions/Fee Avoidance

No sales may be carried out via private message as a means to avoid GEARhub’s sales fee or applicable taxes. Any efforts to move a transaction off of the platform are prohibited. Any other efforts to move sales initiated on GEARhub off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of GEARhub’s policies or protections. GEARhub reserves the right to charge its fee for any transaction initiated on the Site and completed off-site. GEARhub further reserves the right to charge a selling fee upon finding any express intent to move a transaction off-site. You waive any and all claims against GEARhub for any fees listed in this section.

10. Courier & Shipping :

Courier and shipping services are critical aspects of modern commerce, ensuring that products are delivered from the seller to the buyer. While the buyer covers the shipping expenses, the seller must ensure that accurate weight, dimensions, and appropriate packaging are provided to prevent damages during transit. Additionally, buyers can organize insurance through the courier service to safeguard their items. However, GEARHub is not liable for any damages or issues that may arise during the shipping process. By understanding these responsibilities and options, both buyers and sellers can manage the shipping process more efficiently and securely.

See Courier & Shipping Guidelines here : https://gearhub.allbang.co.za/courier-shipping

11. Sales Tax

As a seller, you are responsible for collecting and remitting any sales, or other, taxes due and owing on your sales. You agree to indemnify and hold GEARhub, its officers, directors, employees, and agents harmless for any claims or damages associated with any breach of this provision.

12. Waiver of Claims

You acknowledge that GEARhub is only a marketplace that provides a digital connection for users. GEARhub is not a party to the actual transaction. You expressly waive and release GEARhub (and GEARhub’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the failure of a user to complete a sale.

13. GEARhub Code of Ethics:

GEARhub was created for all musicians: From guitar players to DJ’s and orchestra members, for players at every level and of every gear type and genre. To support the incredibly diverse group of musicians who use our marketplace, we encourage users of all backgrounds to join the Site. We believe that the passion and diversity our users bring to the GEARhub community helps us all grow stronger as we learn and play together.

GEARhub’s focuses on creating an overall environment where all musicians feel safe and welcome. As a user of GEARhub’s online platforms, you serve as an extension of the GEARhub brand and an individual ambassador to, as well as member of, our community. To the extent you become a buyer, seller, or both, on the platform, your name will be synonymous with GEARhub and people will associate you with our name. We take this responsibility seriously and we hope you will, too.

As a result, we’ve outlined below several of GEARhub’s brand standards that you agree to uphold as a member of the community. These guidelines aren’t meant to stifle self-expression or creativity—we welcome all the unique talent and creativity you bring to the table. However, as a brand that values inclusivity, authenticity, and the right for every musician to feel welcome on our platform, it’s important that our users uphold similar values on- and -off the platform.

Guidelines

We believe in music as the ultimate form of expression, and we’re proud of the steps that we’ve taken—and will continue to take to ensure that all musicians feel welcome to explore, buy, sell, be inspired, and continue to express themselves with the help of GEARhub. We work hard to ensure that community members of all identities feel safe and included. As a result, GEARhub does not support content on or off its platform from users who:

• Promote or glorify hatred towards people based on: Age, race, ethnicity, national origin, religion, gender, gender identity, disability, sexual orientation, or any other characteristic protected under applicable law (“Protected Classes”)
• Promote or glorify current or historical hate groups, including their iconography, such as: neo-Nazi groups, the Ku Klux Klan, the Confederate flag, white supremacist organizations, anti-semitic organizations, misogynist organizations, anti-LGBTQ organizations or anti-immigration organizations (collectively “Hate Groups”)
• Use racial slurs or words or terms denigrating Protected Classes or supporting the Hate Groups listed above.

Termination of a User Account

At any time and for any reason, GEARhub can choose to terminate the relationship between a GEARhub and a user for violations of this Code of Ethics. By using the GEARhub platform, you agree to the terms of this Code of Ethics.