TERMS OF USE - Never Tracked Out Used Gear Trade, Revelstoke BC - Never Tracked Out Gear Trade
SELL YOUR SECOND HAND OUTDOOR GEAR, PROMOTE REUSE, REDUCE CONSUMPTION AND GIVE BACK TO THE PLANET

TERMS OF USE

In order to sell your gear at Never Tracked Out Gear Trade Inc., potential sellers must register. Registering to participate implies acceptance of these Terms Of Use.

Shipping Purchased Items

As a seller, you agree to ship sold items to the buyer within 5 business days. Failure to ship orders will result in a detrimental seller review, possible account suspension and grants the right to the buyer to cancel their order or refuse the purchased gear; any returns will be made at the seller's expense. In order for the seller to get paid by Never Tracked Out Gear Trade Inc. we need to receive a valid tracking or delivery confirmation number from you; payment is made after the buyer has reviewed the gear. If the buyer does not make him or herself available to the shipping carrier for delivery/pick-up then, if the carrier returns the gear to the seller, it will be done so at the buyer's expense.

Some shipping options involve reimbursement to sellers for shipping costs. In order to be reimbursed for shipping costs, you must ship the item according to the shipping method you have chosen when listing your gear. If you ship an item by a method different from that which you previously selected, you may not be properly reimbursed for shipping costs. Never Tracked Out Gear Trade Inc. will not be held responsible for fluctuations in the cost of shipping, and you will not be reimbursed for discrepancies between calculated shipping costs and the actual shipping costs. 

Listing Fees

There are no fees to list gear for sale. 

Pricing

Sellers set the price for the gear. Sellers set the cost of shipping and should take those costs into consideration when setting the gear price. Never Tracked Out Gear Trade Inc. reserves the right to change its shipping policies at any time with notification to any existing sellers.

Payment to Sellers

Sellers are paid through PayPal or E-Transfer within 1 business day after a shipping tracking number is received from the seller, delivery has been confirmed and gear has been verified by buyer. Please see Returns & Buyer Protection Policy or further clarification.

Limitations

Sellers agree to sell their item to any buyer that successfully purchases the item. 

Never Tracked Out Gear Trade Inc. reserves the right to refuse any service to a buyer, pr seller and their associated listings.

Gear Condition

To protect the buyer, sellers agree to allow the buyer time to inspect the gear and verify it arrived in the same condition as it was advertised on Never Tracked Out Gear Trade Inc. The length of time will be decided by the shorter of 2 business days after the buyer receives their delivery or 4 business days after it has been delivered to a post office.

If the gear matches the description and condition that was presented by the seller then the transaction is final and Never Tracked Out Gear Trade Inc. will pay the seller. If the gear does not match the description and condition that was presented by the seller, the buyer can Contact Us for possible re-negotiation of the price or return for refund of the gear. This gear inspection policy will only apply if the gear description or condition was falsified or misrepresented and Customer Service is contacted directly. All completed transactions are final.

If a seller is found to have falsified the description of the item, the seller's account will be reviewed with possible permanent suspension and the seller will be charged any necessary and reasonable fees for correcting the issue.

We provide detailed guidelines to sellers for rating the quality of the items they list at Never Tracked Out Gear Trade Inc., and we make every effort to confirm the accuracy of the ratings that sellers provide. Nevertheless, it might happen that you receive an item that you feel does not deserve as high a quality rating as the seller gave it. Never Tracked Out Gear Trade Inc. reserves the right to make its own determination as to the accuracy of an item's quality rating.

Attempts to abuse the Returns & Buyer Protection Policy will be investigated very seriously. Never Tracked Out Gear Trade Inc. reserves the right to suspend the account of any buyer or seller we feel has attempted to commit fraud by misusing this policy for his or her own personal gain. Never Tracked Out Gear Trade Inc. also reserves the right to withhold seller payment or charge the buyer or seller in order to recover damages related to fraud. In addition, abuse of this policy is a criminal offence and violators will be prosecuted to the fullest extent of the law.

Responsibility for Taxes

Never Tracked Out is based in the Revelstoke, B.C. and thus will collect and remit B.C. provincial and government sales tax on our service fees. Buyers and sellers are responsible for all other tax related issues that may arise in their respective province or city.

Packaging

Shipping your order properly helps to ensure that it arrives in the same condition that you represented it under on our website. If you want then you can print out the order notification email we sent you and enclose it in your package to the buyer. This serves as a reference and packaging slip. You may not insert any promotional or other commercial materials that are not provided and/or approved by Never Tracked Out Gear Trade Inc. This includes, without limitation, material that announces a website or invites the buyer to visit a website other than Never Tracked Out Gear Trade Inc., catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. In addition, you are strongly discouraged from including any materials in your shipment that are not directly related to the good being shipped and/or provided or approved by Never Tracked Out Gear Trade Inc.

What is not Allowed?

Illegal activity

You agree not to use this site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, provincial, federal and international laws, statutes and regulations regarding use of the site. You agree not to use or permit any one to use information provided through the site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.

Stolen Property

The sale of stolen property on Never Tracked Out Gear Trade Inc. and all partner websites is strictly forbidden, and violates provincial, federal and international law. Never Tracked Out Gear Trade Inc. strongly supports law enforcement efforts to recover stolen property that is listed on its site, and urges the prosecution of those responsible for knowingly attempting to sell such items on Never Tracked Out Gear Trade Inc. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

Promotional Material

The buyer's information is provided for the sole purpose of shipping the specific purchased item(s) and may not be used for any other purpose, either in connection with such shipments or separately from such shipments. You agree not to distribute any promotional or other commercial material that is not provided or approved by Never Tracked Out Gear Trade Inc. This includes, without limitation, material that announces a website or invites the buyer to visit a website other than Never Tracked Out Gear Trade Inc., catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the buyer beyond fulfillment of purchases through Never Tracked Out Gear Trade Inc.

Non-Promotional Material

The buyer's information is provided for the sole purpose of shipping the specific purchased product(s) and may not be used for any other purpose, either in connection with such shipments or separately from such shipments. Never Tracked Out Gear Trade Inc. strongly discourages you from distributing any materials that are not provided or approved by Never Tracked Out Gear Trade Inc. The inclusion of extraneous materials may offend or bother buyers and may negatively affect your seller reviews. If Never Tracked Out Gear Trade Inc. receives a complaint relating to your shipments regarding extraneous materials we may take any action that we deem appropriate in our sole discretion, including without limitation issuing a warning, immediately terminating any pending sales, and/or immediately terminating your access to our service. You agree not to separately contact the buyer beyond fulfillment of purchases through Never Tracked Out Gear Trade Inc.

What Happens If You Break Our Rules?

Investigation

We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a good, the source of a good, your acquisition of a good, or the price you paid for a good.

Violations, Termination and Suspension

We may take any action that we deem appropriate in our sole discretion, including without limitation issuing warnings, a warning, or suspension or termination of service, denying access, and removal of listings of items from, or recommending you edit a listing if: (a) you breach this Agreement or the documents it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; (d) or we believe your conduct may cause legal liability for you, for other members, or for Never Tracked Out Gear Trade Inc. You agree that payments owing to you for sales made through this site may be suspended or delayed pending our investigation. Never Tracked Out Gear Trade Inc. is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.

Disclosure of Information

Fraudulent conduct may be reported to law enforcement in accordance with our Privacy Policy, and Never Tracked Out Gear Trade Inc. will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Never Tracked Out Gear Trade Inc. also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties.

Making Adjustments

You authorize Never Tracked Out Gear Trade Inc. to withhold payment if we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity.

Your Warranties To Us

For all goods you list as the seller, you warrant that your descriptions of the goods accurately detail and describe the goods offered for sale.

You represent and warrant that any information you provide to us, to other members, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (ii) is not fraudulent; (iii) does not involve the sale of counterfeit or stolen items; (iv) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (v) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (vi) does not contain any viruses or any programming that is intended to damage or interfere with any system, data or personal information.

You agree to indemnify and hold Never Tracked Out Gear Trade Inc., and its parent (if applicable), subsidiaries, affiliates, partners (online or offline), officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Never Tracked Out Gear Trade Inc., and its parent (if applicable), subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions including, but not limited to, all sale agreements made between a buyer and seller.

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Please see Terms Of Service for policies regarding our website services.