Terms & Conditions

1. Introduction

These Terms & Conditions apply to the use of the website and services of MyGearMarket, available at www.mygearmarket.com.

MyGearMarket is an online marketplace for buying and selling musical instruments, gear, accessories and related items. By accessing or using MyGearMarket, creating an account, listing an item or contacting another user, you agree to these Terms & Conditions.

If you do not agree with these Terms & Conditions, you must not use MyGearMarket.

2. Operator

MyGearMarket operates the platform available at www.mygearmarket.com.

For questions regarding the platform, please contact: support@mygearmarket.com

3. Marketplace role

MyGearMarket provides an online platform that enables users to list, discover, buy and sell musical gear.

Unless expressly stated otherwise in writing, MyGearMarket is not a party to any agreement between buyers and sellers. Any sale, purchase, delivery, payment arrangement or dispute is solely between the relevant buyer and seller.

MyGearMarket does not own, inspect, verify, certify or guarantee the items listed on the platform, unless a specific paid verification service is expressly purchased and confirmed.

4. Account creation

Users may create an account free of charge.

You are responsible for:

• providing accurate and complete information;
• keeping your login details confidential;
• all activity performed through your account;
• promptly notifying MyGearMarket of unauthorised use.

MyGearMarket may suspend or terminate accounts in case of suspected fraud, abuse, unlawful activity, misleading listings or breach of these Terms.

5. User verification

MyGearMarket does not verify the identity of all users and does not guarantee that any user is who they claim to be, unless a specific verification service has been purchased and explicitly confirmed by MyGearMarket.

Users remain responsible for conducting their own due diligence before entering into transactions and should independently assess the trustworthiness of counterparties before buying, selling, shipping or making payments.

6. Listings

Creating listings on MyGearMarket is free, unless expressly stated otherwise.

Sellers are solely responsible for the accuracy, legality and completeness of their listings, including:

• product description;
• condition;
• authenticity;
• price;
• photos;
• ownership;
• shipping options;
• applicable taxes, duties or import costs.

A seller may only list items that they own or are authorised to sell.

MyGearMarket may remove listings that are incomplete, misleading, unlawful, infringing, suspicious or inconsistent with the purpose of the platform.

7. Prohibited items and conduct

Users may not:

• list stolen, counterfeit or infringing items;
• misrepresent the condition, origin or authenticity of any item;
• use the platform for fraud, scams or unlawful transactions;
• harass, threaten or abuse other users;
• upload viruses, malicious code or harmful content;
• circumvent platform systems;
• scrape, copy or misuse platform data;
• infringe intellectual property rights.

MyGearMarket may remove content or restrict users at its discretion where necessary to protect the platform, other users or third parties.

8. Payments and optional services

Creating an account and listing items is free.

Users may choose to purchase optional ancillary services, such as:

• promoted listings;
• featured listings;
• verified seller status;
• secure payment options;
• buyer protection;
• expert verification;
• shipping labels;
• insurance or shipping-related services.

Optional services may be subject to additional conditions, pricing and limitations.

Unless explicitly confirmed, MyGearMarket does not provide escrow, payment protection, buyer protection or shipping services.

9. Communication between users

Users may communicate through MyGearMarket's messaging or contact features. Users must communicate honestly and respectfully.

MyGearMarket may review, block or restrict messages where necessary for security, fraud prevention, platform integrity or legal compliance.

10. No guarantee of sale or availability

MyGearMarket does not guarantee:

• that an item will be sold;
• that a buyer will pay;
• that a seller will deliver;
• that listings are accurate;
• that users are who they claim to be;
• that items are authentic, safe, lawful or fit for purpose.

Users remain responsible for making their own enquiries before entering into a transaction.

11. Disputes between users

Disputes between buyers and sellers must be resolved between those users.

MyGearMarket may, but is not obliged to, assist informally with disputes. Any such assistance does not make MyGearMarket a party to the transaction and does not create liability for the outcome.

12. Intellectual property

All rights in the MyGearMarket website, branding, design, software, database structure and content belong to MyGearMarket or its licensors.

Users retain ownership of content they upload, but grant MyGearMarket a worldwide, non-exclusive, royalty-free licence to use, display, reproduce and distribute such content for operating, promoting and improving the platform.

Users warrant that their uploaded content does not infringe third-party rights.

13. Availability of the platform

MyGearMarket may be updated, modified, suspended or discontinued at any time.

MyGearMarket does not guarantee uninterrupted, secure or error-free availability of the platform.

14. Limitation of liability

To the maximum extent permitted by applicable law, MyGearMarket is not liable for:

• transactions between users;
• inaccurate, incomplete or misleading listings;
• non-payment, non-delivery or defective delivery;
• counterfeit, stolen or unsafe items;
• user conduct;
• loss of profits, revenue, data, goodwill or business opportunity;
• indirect, consequential or punitive damages;
• temporary unavailability of the platform;
• third-party services, payment providers, shipping providers or external links.

MyGearMarket's total liability, if any, is limited to the amount paid by the relevant user to MyGearMarket for the specific optional service giving rise to the claim in the three months preceding the event, or EUR 100, whichever is lower.

Nothing in these Terms excludes liability where such exclusion is not permitted by applicable law.

15. Indemnity

Users agree to indemnify and hold MyGearMarket harmless against claims, losses, damages, fines, costs and expenses arising from:

• breach of these Terms;
• unlawful listings;
• infringement of third-party rights;
• fraud or misleading conduct;
• disputes with other users;
• misuse of the platform.

16. Termination

MyGearMarket may suspend or terminate access to the platform at any time if a user breaches these Terms or if continued access may expose MyGearMarket, other users or third parties to risk.

17. Changes to these Terms

MyGearMarket may update these Terms from time to time. The latest version will be published on the website.

Continued use of the platform after changes have been published constitutes acceptance of the updated Terms.

18. Governing law and jurisdiction

These Terms are governed by Dutch law.

Unless mandatory law provides otherwise, disputes shall be submitted to the competent court in the Netherlands.