Terms & Conditions
Updated: July, 2019
1. Introduction. This website, www.gearsupplyco.com, (the “Website”) permits users like you to purchase products, in accordance with the terms of these Terms and Conditions (the “Agreement”).
2. Legal Agreement.
(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and Gear Supply Company, Bargains and Buyouts Holdings Inc., a Ohio Corporation (D.B.A. “Gear Supply Company” or “we” or “our” or “us””).
(b) The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. Gear Supply Company and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of Products from us, whether through the Website, our retail store, or otherwise, shall be governed by this Agreement.
5. Updates to this Agreement. Gear Supply Company RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Gear Supply Company may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.
6. Prohibited Uses.
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, Gear Supply Company’s (i) Website, including its components or contents, in whole or part, (ii) Products, or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “Intellectual Property”).
(d) Except as expressly stated in this Agreement, Gear Supply Company does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Gear Supply Company to you under this Agreement are expressly reserved to Gear Supply Company.
7. Orders. You must be at least 18 years old to order any knife. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.
9. Legal Disclaimers. Gear Supply Company offers no legal advice regarding laws applicable to your purchase of Products. We have provided general information herein to you of federal laws that may affect your purchase. It is your responsibility, as the buyer, and not Gear Supply Company, as the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
10. Change and Cancellation Policy. If you order the wrong Products, you may change your order up until the time the order is shipped. Once an order has been shipped, if you wish to change an item you must follow the guidelines in the Returns and Exchanges section below. If you would like to cancel your order you may do so up until the time the order has shipped. Once an order has been shipped you must follow the guidelines in the Returns and Exchanges section below. You can contact us about a change or cancellation at the email or telephone number listed in the “contact us” section of the Website. If you choose to send an email you must use “order change” or “order cancellation” in your email subject line to make sure the email is directed to the correct department to improve the chance that the change or cancellation can be implemented before the order ships.
We accept Visa, Mastercard, Discover, and American Express, Apple Pay, Google Pay, Shopify Pa. By ordering with a credit card you agree that you are authorized to use such credit card and, if there is a billing dispute, to handle any billing disputes directly with us.
Gear Supply Company reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer's order. If the order is cancelled and charges to the credit card used will be voided or refunded.
12. Shipping - Domestic Orders.
(a) For more information concerning shipping, please visit our please visit the SHIPPING PAGE on the Website for complete information.
(b) Gear Supply Company makes no guarantees about shipping time. We will attempt to stay within the specified time frames indicated on the Website; however, delays may result from occurrences, such as, without limitation, customer verification, declined credit cards, restricted items, legal prohibitions, product unavailability, acts of God, and other force majeure events.
(c) Address Verification. In many cases, orders that are placed with a ship to address that is not authorized by the credit card issuer are subject to shipping delays, verification emails/telephone calls and/or cancellation. Additionally, orders that are shipped to an address other than the authorized billing address are subject to shipping delays and verifications. In situations where we cannot confirm the validity of an order or we suspect fraud, the order will be cancelled.
13. Shipping - International Orders. We don’t ship outside the US at this time.
14. Warranty. All name brand items are covered under warranty by their respective manufacturers. For more information, please check out the WARRANTY PAGE on the Website. items that have been modified or converted are not covered under a manufacturer's warranty. Except as expressly stated herein, no further warranties apply.
15. Returns and Exchanges.
(a) Product returns are accepted, as long as they are done within 30 days of delivery. You must obtain a Return Authorization before shipping your item back, or your return will not be accepted. To obtain a Return Authorization, please contact us at the information provided in the “contact us” page on the Website. You are responsible for shipping the item back to us in brand new, unused condition. There is a 5% restocking fee on non-defective items to offset lost shipping, credit card, and labor costs. Once we receive the item, we will issue a refund. Your refund will be issued in the same form payment was received, unless other arrangements have been made with us. We do not reimburse shipping costs. If the mistake is ours, we can generally provide you with a pre-paid return shipping label if you contact us at the information provided in the “contact us” section of the Website. We strongly recommend you insure any package being returned to us. You are responsible for the cost to insure your package. We are not liable if your return is lost, destroyed, or damaged.
(b) Exchanges are welcome as long as they are done within 30 days. You must obtain a Return Authorization number before shipping your item back or your exchange will not be accepted. To obtain a Return Authorization number, please contact us at the information provided in the “contact us” section of the Website. There are no restocking fees for exchanges with items of equal or greater value, although shipping charges do apply. We strongly recommend you insure any package being returned to us. You are responsible for the cost to insure our package. We are not liable if your return is lost, destroyed, or damaged. If the item is being returned for a refund, it will be subject to a 5% restocking fee.
16. Representations and Warranties. By placing an order, you warrant and represent that you will use the Products in a lawful manner and that you are of legal age to purchase and use the Products.
18. Indemnification. You shall defend, indemnify, and hold harmless Gear Supply Company and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
19. Disclaimer of Warranties.,
(a) EXCEPT AS EXPRESSLY STATED HEREIN, Gear Supply Company: (A) PROVIDES ACCESS TO THE WEBSITE AND THE PRODUCTS ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE PRODUCTS, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, Gear Supply Company DOES NOT WARRANT THAT THE WEBSITE OR ANY THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. Gear Supply Company is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, Gear Supply Company will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.
20. Limitations of Liability.
(a) Gear Supply Company SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Gear Supply Company’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Gear Supply Company UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
21. Compliance with Applicable Law. Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed under the “contact us” section of the Website in our case, and to the address you listed at time of last purchase in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
Gear Supply Company
50 Eswin Street
Cincinnati, Ohio 45218
25. Assignment. You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Gear Supply Company.