FAQ's - Site Access Terms of Sale

Site Access Terms
All access to and use of this Web Site is governed by these terms. Entering into this Web Site indicates that you have reviewed the Web Site Access Terms and have agreed to be bound by these terms.

TERMS OF SALE
The Terms of Sale contain Gear Merchant’s conditions of sale. Placement of an order shall be deemed acceptance of the Terms of Sale. Please review these additional terms as they apply to your business location:

• U.S.A. Terms of Sale
• Canada Terms of Sale
• International Inquiries

INFORMATION ACCURACY
All information provided on this Web Site is subject to change without notice. While efforts have been made to make this Web Site helpful and accurate, due to the open nature of this Web Site, and the potential for errors in the storage and transmission of digital information, Gear Merchant does not warrant the accuracy of information obtained for this Web Site.

TRADEMARKS
This Web Site contains many Gear Merchant and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this Web Site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web Site does not constitute a right to copy or use any of the intellectual property of Gear Merchant or its suppliers. Statutory notice contained herein represents trademark status in the United States.

ACCESS AND USE OF INFORMATION
Access to this Web Site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by Gear Merchant at this Web Site. Any access or attempt to access other areas of the Gear Merchant computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Web Site other than in connection with a legitimate business purpose.

• Linking Policy
• Linking Agreement

HYPERTEXT LINKS
This site may be linked to other sites which are not maintained by Gear Merchant. Gear Merchant is not responsible for the content of those sites. The inclusions of any link to such sites does not imply endorsement, sponsorship or recommendation by Gear Merchant of the sites.

SUBMISSIONS
All remarks, suggestions, ideas, graphics or other information communicated to Gear Merchant through this site will forever be the property of Gear Merchant. Unless specifically agreed to in writing in advance of any submission, Gear Merchant will not be required to treat the information as confidential. Gear Merchant shall have exclusive ownership of all present future existing rights in the information, without compensation or other obligation of any nature to the person sending the information.

COPYRIGHT
Gear Merchant hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Gear Merchant’s services or products. You agree that any copy made must include Gear Merchant’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained in this site.

Site Access Terms - Canada

ORDER ACCEPTANCE. It is acknowledged that no order shall be deemed accepted unless and until it is verified and accepted by Gear Merchant at its Stone Mountain, Georgia U.S.A. Offices. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the State of Georgia.

COMMODITY TAXES. Prices for items purchased from GEAR MERCHANT do not include applicable excise taxes, customs duties, sales and use taxes, value-added taxes (including the Goods and Services Tax and the Harmonized Sales Tax or any success or tax), and provincial retail sales taxes. When required by law, GEAR MERCHANT will collect such taxes from the Purchaser and remit same to the appropriate governmental authority. Where applicable, Purchaser must inform GEAR MERCHANT of the tax-exempt status of any particular order, and provide GEAR MERCHANT with the requisite details at the time the order is made my Purchaser. All orders are otherwise presumed to be taxable.

PAYMENT TERMS. All prices are in U.S. dollars. For Purchasers with established credit, terms are net thirty (30) days from date of shipment. For Purchasers without approved credit, all export sales are made on condition that Purchaser make payment by cash in advance at the time of order, that Purchaser open an irrevocable letter of credit in favor of GEAR MERCHANT prior to shipment payable by sight draft drawn against such letter of credit, or that Purchaser establish satisfactory credit with GEAR MERCHANT prior to shipment. At GEAR MERCHANT’S option, certain export orders may be subject to special export payment terms and quotations. Cash or anticipation discounts are not allowed. Payments must be in U.S. dollars. GEAR MERCHANT shall have the right of set-off and deduction for all sums owed. If an open account customer fails to make full payment in accordance with these terms, GEAR MERCHANT may defer shipment of other orders, or cancel all or any part of any unshipped order until such payment is made.

CREDIT BALANCE. Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation, and GEAR MERCHANT shall have no further liability.

FREIGHT POLICY. Shipping terms are Free Carrier (Incoterms 1990), Stone Mountain, Georgia USA, using local shipping point and routing of GEAR MERCHANT’S choice. GEAR MERCHANT will contract for carriage on usual terms at the Purchaser’s risk and expense. Purchaser shall be responsible for obtaining insurance. At GEAR MERCHANT’S option, freight policy for certain export orders may be subject to special terms and conditions. If any item is backordered that item will be shipped prepaid as Purchaser’s exclusive remedy. Title and risk of loss shall pass to Purchaser on delivery to the carrier in the United States. If the product is damaged in transit, Purchaser acknowledges that it has no recourse against GEAR MERCHANT.

MANUFACTURER’S WARRANTY. Most of the products listed in this catalog are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer.

GEAR MERCHANT GUARANTEE. All purchases are  guaranteed. If you are not satisfied with your purchase for any reason, Please call our Customer Services Department for your Return Authorization Number before returning items: 770-723-1712. Fill out the return form enclosed with your order and send it back to us with the unwanted item (s). Please prepay shipping; we do not accept CODs. Custom orders are not returnable, unless the mistake is our error.
Upon Receipt of the returned items Gear Merchant will determine if  you are entitled to a full credit, equal exchange, or your money back.

LIMITED WARRANTY AND DISCLAIMER. NO WARRANTY, CONDITION OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE GUARANTEE STATEMENT, 7 ABOVE, IS MADE OR AUTHORIZED BY GEAR MERCHANT INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEAR MERCHANT DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, INSTALLATION, OR MISAPPLICATION. ANY DESCRIPTION OR ILLUSTRATION IS FOR IDENTIFICATION ONLY AND DOES NOT FORM PART OF THE SALE OR EXPRESS OR IMPLY A WARRANTY OR CONDITION THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. GEAR MERCHANT MAKES NO WARRANTY AGAINST PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT.

LIMITATION OF LIABILITY. ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. GEAR MERCHANT’S LIABILITY IN ALL EVENTS, WHETHER IN CONTRACT OR TORT, IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.

PRODUCT SUITABILITY. Most products sold by GEAR MERCHANT are designed to meet applicable Canadian national safety standards and regulations. Many provinces and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from jurisdiction to jurisdiction. GEAR MERCHANT cannot guarantee compliance with such codes and regulations and cannot be responsible for how the product is installed or used. Before purchase and use of a product, Purchaser should review the product application and applicable codes and regulations to be sure that the product, installation, and use will comply with them. GEAR MERCHANT expressly disclaims any liability for losses Purchaser may suffer as a result of any product non-compliance.

FORCE MAJEURE. GEAR MERCHANT shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of GEAR MERCHANT in the conduct of its business.

CANCELLATION. Any cancellation must be approved by GEAR MERCHANT.

SECURITY INTEREST. On any open account sale, Purchaser hereby grants to GEAR MERCHANT a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to GEAR MERCHANT. Purchaser consents to the filing of any financing statements or other appropriate documents with governmental authorities to assure the validity, priority, and enforceability of the lien, security interest or mortgage. Purchaser agrees to inform GEAR MERCHANT immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

ASSIGNMENT. Purchaser shall not assign any order or any interest therein without the written consent of GEAR MERCHANT. Any actual or attempted assignment without GEAR MERCHANT’S consent shall entitle GEAR MERCHANT to cancel such order upon notice to Purchaser without liability to GEAR MERCHANT.

MODIFICATION OF TERMS. GEAR MERCHANT’S acceptance of any order is subject to Purchaser's assent to all of the terms and conditions set forth in GEAR MERCHANT acknowledgment and invoice, and Purchaser’s assent to such terms and conditions shall be presumed from Purchaser’s receipt of GEAR MERCHANT acknowledgment and invoice, from delivery of the goods, or from Purchaser’s acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon GEAR MERCHANT unless agreed to by GEAR MERCHANT in writing.

TRADEMARKS AND COPYRIGHTS. Purchaser acknowledges that it has no right, title or interest in the trademarks, copyrights, or other intellectual property rights in the products, and covenants that it will take no action to register or otherwise interfere with any such rights of GEAR MERCHANT.

COMPLETE AGREEMENT. The terms and conditions in GEAR MERCHANT forms, acknowledgments, quotations, invoices and catalog sales terms and conditions, are incorporated herein by reference, and constitute the exclusive and entire agreement between Purchaser and GEAR MERCHANT.

COUNTRY OF IMPORTATION. Purchaser represents that it is purchasing products from the United States and importing them to Canada. Purchaser agrees that the products will be shipped to the specified Canadian destination in compliance with the laws of such destination and the United States, and that there will be no re-export or diversion from such specified destination. If requested by GEAR MERCHANT, Purchaser shall provide documentation satisfactory to GEAR MERCHANT verifying delivery at the designated destination.

EXPORT AND IMPORT LICENSES; PERMITS AND FREIGHT FORWARDER. Notwithstanding that the terms are Free Carrier, GEAR MERCHANT, or its designate, will act as the importer of record for the ordered goods and will clear the ordered goods through Canada Customs. Purchaser shall be liable to pay for any permits, licenses or other governmental authorization (s) and for any of the commodity taxes referred to in 2 above, necessary for the exportation of the products from the United States or the importation of the products into Canada. The freight forwarder’s actions shall not be deemed authorized by, or binding upon GEAR MERCHANT, unless expressly agreed to by GEAR MERCHANT.

FOREIGN CORRUPT PRACTICES ACT. Purchaser acknowledges that it is not the agent of GEAR MERCHANT, and represents and warrants that it has not, and covenants that it will not pay anything of value to any government employee in connection with the resale of the products.

INDEPENDENT CONTRACTORS. GEAR MERCHANT and Purchaser are independent contractors and not principal and agent. Purchaser is not authorized to, and shall not make any representations on behalf of, or which are binding upon GEAR MERCHANT.

GOVERNING LAW; LIMITATIONS. These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Georgia, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Georgia, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

SEVERABILITY. If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not effect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.

DISPUTE RESOLUTION. Actions by GEAR MERCHANT for nonpayment by the Purchaser of the purchase price of products sold by GEAR MERCHANT, or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by GEAR MERCHANT, at its option, before any judicial court of competent jurisdiction. At GEAR MERCHANT’S option, disputes between the Purchaser and GEAR MERCHANT, including all claims for non-performance by GEAR MERCHANT, shall be finally settled by arbitration in Atlanta, Georgia, USA under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of Georgia, USA.

Please review these additional terms as they apply to your business location:

• Site Access Terms
• U.S.A. Terms of Sale
• Canada Terms of Sale
• International Inquiries

• Site Access Terms
• U.S.A. Terms of Sale
• Canada Terms of Sale
• International Inquiries

Secure Shopping
This Web site takes every precaution to protect your information. When customers’ submit sensitive information via the Web site, their information is protected both online and off-line. Orders placed on our site are encrypted using secure Sockets Layer (SSL 128 bit), an  encryption technology that works with  Internet Browsers, to ensure that your transactions are protected. With SSL implemented on both the client and server, information sent via the Internet can be trusted to arrive privately and unaltered to only our server and to our payment gateway merchants server. It is our goal to provide the necessary security that you can shop Gear Merchant with complete confidence. 

Our Payment Gateway is PayPal, an eBay Company. When entering your financial information you can be confident that your information is safeguarded by PayPal's service which builds on the existing financial infrastructure of bank accounts and credit cards and utilizes the world's most advanced proprietary fraud prevention systems to create a safe, global, real-time payment solutions.  read more....

Please note - Standard Email is not encrypted and is not considered a secure means of transmitting credit card numbers, so we ask that you never use standard e-mail to transmit sensitive data.

If you still have any concerns about ordering electronically, please call (770) 723-1712 to simply place your order over the phone. Another alternative is to add all your items on-line in the shopping cart, print the page and then fax or call your order in.  Fax #:(770) 723-0785

Order
We request information from the user on our order form. A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders. If we have trouble processing an order, the information is used to contact the user. The information is stored in our customer file in a secure environment separate from our web site. Please provide us with your exact name, address and phone number. Persons who supply us with this information may receive contacts from us regarding orders they have placed on-line. Upon your purchase the Name and Address information you provided will be shared with intermediaries such as UPS, FEDEX, or Postal Services for shipping purposes.

Managing your Personal Information
If your personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, by logging into your account you can edit this information yourself. You can also disable the e-mail newsletter from within your account. You have the ability to request that your information be removed from the database. However, you cannot delete information associated with past purchases.

E-mail
If you make a purchase on our site you will be emailed an order and shipment confirmation. If you subscribe to our e-mail newsletter the information provided will only be used for Gear Merchant to alert you of changes in our web site and promotional items. If you do not want to receive e-mail from us in the future, please let us know by clicking on the unsubscribe link or send an email to us telling us that you do not want to receive e-mail from our company.

Notification of Changes
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. 

If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Information we do not share with others
Gear Merchant does not share, sell or trade e-mail addresses, except to verify credit card information to complete your order, we do not use or release any credit card or financial information for any purpose. For privacy purposes, all information relating to our customers is stored on a  secure server that is not accessible via the Internet.

Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

PayPal Payment Gateway
Founded in 1998, PayPal, an eBay Company, enables any individual or business with an email address to securely, easily and quickly send and receive payments online. PayPal's service builds on the existing financial infrastructure of bank accounts and credit cards and utilizes the world's most advanced proprietary fraud prevention systems to create a safe, global, real-time payment solution.

PayPal has quickly become a global leader in online payment solutions with 45 million account members worldwide. Available in 38 countries around the world, buyers and sellers on eBay, online retailers, online businesses, as well as traditional offline businesses are transacting with PayPal.

PayPal has received close to 20 awards for technical excellence from the Internet industry and the business community at large -most recently the 2003 Webby Award for Best Finance Site and the 2003 Webby People's Voice Award for Best Finance Site.

Located in San Jose, California, PayPal was acquired by eBay Inc. in October, 2002.