Terms & Conditions

1. Introduction

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

MyGearMarket is an online marketplace for buying and selling musical instruments, musical gear, accessories and related items. By accessing or using MyGearMarket, creating an account, listing an item, contacting another user, making an offer, using Secure Payment or otherwise interacting with the platform, you agree to these Terms & Conditions.

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

These Terms apply in addition to any other policies published on MyGearMarket, including the Privacy Policy, Cookie Policy, Secure Payment Policy and any other rules or guidelines made available on the platform.

2. Operator and contact

MyGearMarket is an online marketplace operated under the MyGearMarket brand.

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

MyGearMarket is registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under registration number 42141990.

MyGearMarket may update its operator details from time to time, including where a formal legal entity, trade name or business structure is added or changed.

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 sale, purchase, delivery, return, refund, warranty or other agreement between buyers and sellers.

The sale agreement is concluded directly between the buyer and the seller. The seller is responsible for the item being sold, and the buyer is responsible for deciding whether to purchase the item.

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

MyGearMarket does not guarantee:

• that listings are accurate, complete or lawful;
• that an item is authentic, original, safe, undamaged or fit for purpose;
• that a buyer will pay;
• that a seller will ship or deliver;
• that a transaction will be completed;
• that users are who they claim to be;
• that a dispute will be resolved in a particular way.

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

4. Eligibility and age

You may only create an account and use MyGearMarket if you are legally able to enter into binding agreements.

You must be at least 18 years old to use Secure Payment.

MyGearMarket does not currently carry out a general technical age verification check. By using Secure Payment, you confirm that you are at least 18 years old and legally able to enter into the relevant transaction.

5. Account creation and account security

Users may create an account free of charge.

You are responsible for:

• providing accurate, complete and current information;
• keeping your login details confidential;
• all activity performed through your account;
• promptly notifying MyGearMarket of unauthorised access or suspected misuse;
• ensuring that your use of the platform complies with these Terms and applicable law.

MyGearMarket may refuse, restrict, suspend, permanently restrict or terminate accounts where necessary to protect the platform, users or third parties, including in cases of suspected fraud, abuse, unlawful activity, misleading listings, payment risk, security risk, repeated complaints or breach of these Terms.

6. Account types

MyGearMarket may allow users to indicate an account type, such as private musician, professional seller or dealer/shop. Unless expressly stated otherwise, these account types are self-declared and do not by themselves provide special rights, guarantees or verification.

MyGearMarket may also assign internal roles or statuses, such as admin, moderator, verified seller or verified dealer. Such roles or statuses may be granted, refused, changed or withdrawn by MyGearMarket at its discretion, subject to applicable law.

7. Verified Sellers

Certain selling functionality, including publishing active listings and using Secure Payment as a seller, may require seller verification.

Seller verification may be performed through Stripe Connect or another payment or verification provider. This may involve identity, business, compliance, sanctions, risk or payout checks.

A verified seller status means that the seller has met certain platform and/or payment-provider requirements at the relevant time. It does not mean that MyGearMarket guarantees the seller, the seller's identity, the seller's trustworthiness, the seller's items, or the outcome of any transaction.

MyGearMarket may suspend, revoke or update verified seller status if the seller no longer satisfies applicable requirements, if required by Stripe or another provider, or if MyGearMarket considers this necessary for risk, fraud, compliance, legal or platform safety reasons.

8. Verified Dealers

MyGearMarket may grant certain accounts a verified dealer or founding dealer status. This status is granted by MyGearMarket and is not self-service.

Verified dealer status may provide additional platform features, such as:

• a public verified dealer badge;
• a dealer website link where permitted;
• higher URL import limits;
• access to CSV bulk import;
• other dealer-specific tools made available by MyGearMarket.

Verified dealer status does not mean that MyGearMarket guarantees the dealer, the dealer's inventory, prices, descriptions, authenticity, delivery performance or legal compliance.

MyGearMarket may grant, refuse, suspend or revoke verified dealer status at its discretion, including where necessary to protect users, prevent abuse or maintain platform quality.

9. 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:

• title;
• description;
• category;
• brand, model, variant and other product details;
• condition;
• authenticity;
• price;
• photos;
• ownership and right to sell;
• location and pickup information;
• shipping options, shipping costs and shipping restrictions;
• applicable taxes, customs duties, import costs or other charges;
• compliance with applicable laws and third-party rights.

A seller may only list items that the seller owns or is authorised to sell.

MyGearMarket may remove, suspend, restrict, archive or edit the visibility of listings that are incomplete, misleading, unlawful, infringing, suspicious, unsafe, abusive, inconsistent with the purpose of the platform or otherwise in breach of these Terms.

MyGearMarket may require certain listing fields, category attributes or shipping information before a listing can be published.

10. Drafts, active listings and listing status

Listings may have different statuses, including draft, active, sold, suspended, deleted or archived.

Draft listings may be visible only to the seller and may require further information before publication.

Active listings may be visible publicly and may appear in search results, category pages, public profiles, sitemaps or other platform areas.

Listings associated with orders, reports, disputes, moderation actions or legal obligations may be retained even after deletion or archiving, where necessary for platform integrity, security, legal compliance, record keeping or dispute handling.

11. Images and user-uploaded content

Users may upload photos, descriptions, profile information, messages, reviews, support communications and other content to MyGearMarket.

You retain ownership of content you upload, but you grant MyGearMarket a worldwide, non-exclusive, royalty-free licence to host, store, display, reproduce, resize, crop, publish, distribute and otherwise use that content for operating, protecting, improving and promoting the platform.

You confirm that:

• you have the right to upload and use the content;
• the content does not infringe third-party rights;
• the content is not unlawful, misleading, abusive, defamatory, fraudulent or harmful;
• product photos and descriptions accurately represent the listed item.

MyGearMarket may remove or restrict content where it considers this necessary for legal, security, moderation, quality or platform safety reasons.

12. Catalogue data and product suggestions

MyGearMarket may use structured categories, brands, models, variants, product attributes and catalogue data to improve listing quality and search/filter functionality.

Users may be able to propose catalogue additions or use free-text fallbacks where a brand, model or variant is not available.

MyGearMarket does not guarantee that catalogue data is complete, accurate or suitable for every item. Sellers remain responsible for ensuring that their listing information is accurate.

13. URL import

MyGearMarket may offer a URL import feature that allows users to create draft listing information from a product URL.

Users are responsible for ensuring that they have the right to use any text, images or other information imported from third-party websites.

By using URL import, you confirm that:

• you have the right to use the imported content;
• the imported information is accurate or will be reviewed and corrected before publication;
• you will not use URL import to infringe intellectual property rights, scrape websites unlawfully or misuse third-party content.

MyGearMarket may limit, block, throttle, refuse or log URL import attempts for security, technical, quality, legal or abuse-prevention reasons.

Imported listings may require manual review and correction by the user before publication. MyGearMarket is not responsible for errors, omissions, incorrect product data or third-party rights issues resulting from imported content.

14. CSV bulk import

MyGearMarket may offer CSV bulk import to verified dealers or other eligible users.

CSV imported listings may be created as drafts and may require review, completion and correction before publication.

The importing user remains fully responsible for all imported listing information, including:

• titles;
• descriptions;
• prices;
• categories;
• conditions;
• photos;
• image URLs;
• ownership;
• authenticity;
• shipping settings;
• legal compliance.

MyGearMarket may reject, limit, suspend, delete or require correction of CSV imports where files are incomplete, malformed, misleading, unlawful, abusive, technically unsafe or inconsistent with the platform's quality standards.

15. AI-assisted features

MyGearMarket may offer AI-assisted tools, such as photo suggestions, listing normalisation or category/brand/model suggestions.

AI-assisted output may be inaccurate, incomplete or unsuitable. Users must review and correct AI-assisted suggestions before relying on them or publishing a listing.

The seller remains solely responsible for the accuracy and legality of the final listing.

MyGearMarket may use third-party AI providers to provide these features, as further described in the Privacy Policy.

16. Prohibited items

Users may not list, offer, sell or attempt to sell:

• stolen items;
• counterfeit or replica items presented as genuine;
• items infringing intellectual property rights;
• items the seller does not own or is not authorised to sell;
• items with misleading descriptions, fake provenance or manipulated condition information;
• unsafe, unlawful or prohibited goods;
• items unrelated to the purpose of MyGearMarket;
• any item that violates applicable law, third-party rights or platform rules.

MyGearMarket may remove or restrict listings and accounts where prohibited items are suspected.

17. Prohibited conduct

Users may not:

• use the platform for fraud, scams or unlawful transactions;
• misrepresent identity, location, dealer status, account status or item information;
• harass, threaten, spam, abuse or intimidate other users;
• upload viruses, malware, malicious code or harmful content;
• circumvent fees, limits, account restrictions or platform systems;
• manipulate offers, reviews, reports, listings or search results;
• scrape, copy, resell or misuse platform data;
• interfere with the security or operation of the platform;
• create duplicate accounts to avoid restrictions;
• re-register after permanent restriction;
• use the platform in a way that damages MyGearMarket, users or third parties.

18. Offers and counteroffers

MyGearMarket may allow users to make offers, accept offers, reject offers or make counteroffers.

Offers and counteroffers are negotiation tools. They do not by themselves complete a sale unless and until the relevant checkout and payment process has been completed where required.

Offers and counteroffers may be subject to expiry times, eligibility requirements, minimum offer amounts, payment deadlines and other platform rules.

If an accepted offer or counteroffer is not paid within the applicable payment window, it may expire automatically and the listing may remain or become available again.

19. Messaging

MyGearMarket may allow users to communicate through platform messaging or contact features.

Messages may be limited to specific listing or transaction contexts. Users must communicate honestly, respectfully and lawfully.

Users may not use messages to:

• commit fraud;
• harass or abuse other users;
• send spam;
• share malicious links;
• circumvent platform rules;
• mislead buyers or sellers;
• violate applicable law.

MyGearMarket may review, restrict, block or retain messages where necessary for security, fraud prevention, moderation, legal compliance, support, platform integrity or enforcement of these Terms.

20. Secure Payment

MyGearMarket may offer Secure Payment for eligible transactions.

Secure Payment is optional unless stated otherwise for a specific transaction or feature. Secure Payment is subject to the Secure Payment Policy, which forms part of the applicable platform rules.

Secure Payment may require:

• seller verification;
• Stripe Connect onboarding;
• payment-provider approval;
• complete buyer details;
• eligible listing status;
• eligible shipping method;
• compliance with platform risk and fraud checks.

To protect users, payment providers and the platform, MyGearMarket may apply automated transaction limits, transaction value limits, transaction frequency limits, cooldown periods, account age requirements, verification requirements and other risk controls.

Such controls may be applied automatically during checkout, payment processing or transaction review.

A transaction may be refused, blocked, delayed, restricted or require manual review where applicable platform limits or risk controls are triggered.

Further information about Secure Payment eligibility requirements, transaction limits and risk controls is available in the Secure Payment Policy.

Secure Payment is not available for all users, listings, countries, payment methods or transaction types.

MyGearMarket may refuse, restrict, delay, cancel or suspend Secure Payment transactions where required for fraud prevention, payment risk, legal compliance, sanctions screening, platform safety or payment-provider requirements.

21. No escrow or custody service

Secure Payment is a payment facilitation workflow. It is not an escrow service, trust account, financial custody service, banking service, insurance service or buyer-protection guarantee.

Payment processing is handled by Stripe or another payment provider. Seller payouts may be subject to payout timing, tracking upload, verification, risk checks, payment-provider rules and platform eligibility requirements.

MyGearMarket may place payouts on temporary or indefinite administrative hold where necessary for fraud prevention, risk review, chargeback monitoring, payment-provider requirements, account review, legal compliance, platform safety or investigation of suspected misuse.

The duration of any hold may depend on the circumstances of the relevant review or investigation.

MyGearMarket does not guarantee that funds will be paid out, recovered, reversed or refunded in all circumstances.

22. Secure Payment fees

Secure Payment fees may apply to buyers and sellers as described in the Secure Payment Policy and shown on the platform.

Unless stated otherwise, Secure Payment fees are calculated on the item price or accepted offer/counteroffer amount together with the applicable shipping costs.

Users may not structure transactions, prices, shipping costs, offers or off-platform arrangements to avoid or reduce platform fees.

MyGearMarket may update fees from time to time. Fee changes will apply as described on the platform or in the relevant policy.

23. Shipping and tracking

Sellers are responsible for shipping items sold through MyGearMarket unless the parties agree on pickup or another lawful arrangement.

Where Secure Payment is used and shipping applies, the seller must upload valid tracking information within the applicable time period stated on the platform or in the Secure Payment & Shipments page.

Sellers are responsible for:

• packaging items properly;
• using suitable carriers;
• using trackable shipping for all shipped Secure Payment transactions;
• obtaining shipping insurance covering the full Transaction Value for all shipped Secure Payment transactions;
• providing accurate customs information where applicable;
• meeting carrier and insurance requirements.

MyGearMarket is not responsible for carrier delays, failed delivery, loss, theft, customs charges, import duties, transport damage, packaging failures or incorrect shipping information, unless mandatory law provides otherwise.

24. Limited pre-shipment cancellations and refunds

MyGearMarket may process a refund through the payment flow in limited circumstances where a Secure Payment order is cancelled before shipment and before seller payout has been released.

This may include:

• buyer cancellation if the seller has not uploaded tracking within the applicable time window;
• seller cancellation before shipment and before payout;
• automatic cancellation where the seller does not upload tracking within the applicable time window.

The current cancellation window for no tracking is 7 days after successful payment, unless the platform or applicable policy states otherwise.

MyGearMarket does not provide a general refund, return, warranty, compensation, buyer protection or dispute resolution service.

Once tracking has been uploaded or seller payout has been released, MyGearMarket may not be able to process refunds through the platform. Any return, refund or compensation arrangement after shipment must normally be agreed directly between buyer and seller, subject to applicable mandatory consumer law.

25. Returns, refunds and disputes between users

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

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

MyGearMarket does not guarantee:

• recovery of funds;
• return of items;
• successful chargeback handling;
• compensation;
• a specific dispute outcome.

Mandatory consumer protection rights may apply to business-to-consumer transactions. Nothing in these Terms limits rights that cannot be excluded under mandatory law.

26. Direct transactions outside Secure Payment

Users may decide to complete transactions outside Secure Payment where platform rules allow this.

Transactions outside Secure Payment take place entirely at the buyer's and seller's own risk.

MyGearMarket does not process, verify, protect, reverse, reimburse, insure or support payments made outside Secure Payment.

Users should be especially careful with bank transfers, cash payments, external payment links and other off-platform arrangements.

27. Reviews and ratings

MyGearMarket may allow users to leave reviews or ratings after eligible completed Secure Payment transactions.

Reviews must be honest, relevant and based on a genuine transaction experience.

Users may not:

• submit fake reviews;
• manipulate reviews;
• threaten negative reviews to obtain benefits;
• post abusive, defamatory, discriminatory or unlawful content;
• include personal data or sensitive information unnecessarily.

MyGearMarket may hide, remove or restrict reviews where they violate these Terms, platform rules or applicable law.

28. Reports

Users may report suspected fraud, abuse, counterfeit items, prohibited items, misleading listings, harassment, non-compliance, refund abuse or other policy violations through the platform.

Reports are used for platform safety, moderation and policy review. A report does not guarantee that MyGearMarket will investigate, take action, mediate a dispute or provide individual updates.

MyGearMarket may review reports and may take action where it considers appropriate, including warnings, listing removal, review removal, account restrictions, suspension, permanent restriction, transaction cancellation, cooperation with payment providers or reporting unlawful conduct to relevant authorities.

29. Moderation and enforcement

MyGearMarket may moderate content, listings, reviews, messages, accounts and transactions where necessary to protect users, the platform or third parties.

Moderation actions may include:

• warning a user;
• requesting information;
• restricting features;
• removing or hiding content;
• suspending a listing;
• restoring a listing;
• deleting or archiving a listing;
• suspending an account;
• permanently restricting an account;
• blocking re-registration;
• cancelling transactions;
• delaying or restricting payouts where permitted;
• reporting suspected unlawful conduct.

MyGearMarket may take moderation action based on user reports, automated signals, manual review, payment-provider information, legal requests, security risks or other relevant information.

MyGearMarket may also use automated transaction safety controls, fraud-prevention mechanisms, payment-risk monitoring, transaction-limit systems and chargeback monitoring systems to identify activity that may require review, restriction, verification, cancellation, enforcement action or payout holds.

Automated systems may result in transactions being temporarily blocked, restricted or referred for manual review.

Where appropriate, MyGearMarket may provide a reason for moderation action and may allow users to appeal through the available support or appeal process.

MyGearMarket is not required to disclose detailed fraud, risk, security or compliance reasoning where doing so could compromise platform safety, fraud prevention, legal compliance or the rights of others.

30. Suspension, permanent restriction and appeals

MyGearMarket may suspend or permanently restrict accounts where necessary, including for suspected fraud, abuse, unlawful conduct, payment risk, repeated violations, serious policy breaches or attempts to circumvent restrictions.

Suspension may temporarily restrict buying, selling, messaging, listing publication, Secure Payment or other platform features.

Permanent restriction may prevent the user from using the platform and may prevent re-registration using the same email address, verified phone number or other related account information.

Suspended users may be able to submit an appeal through the support or appeal functionality made available on the platform. MyGearMarket may review appeals at its discretion and may uphold, modify or reverse moderation decisions.

31. Intellectual property

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

Users may not copy, reproduce, scrape, resell, reverse engineer, misuse or exploit MyGearMarket's platform, database, design or content except as permitted by law or expressly allowed by MyGearMarket.

Users must respect third-party intellectual property rights, including trademarks, copyrights, design rights and rights in product images, descriptions and brand materials.

32. Third-party services

MyGearMarket may use third-party service providers, including hosting providers, database providers, payment providers, identity verification providers, email providers, AI providers, analytics providers, review widget providers and other technical service providers.

Use of third-party services may be subject to the terms, policies and requirements of those third parties.

MyGearMarket is not responsible for decisions, errors, outages, delays, holds, payment declines, compliance checks or other acts or omissions of third-party providers, banks, card issuers, payment schemes, carriers, insurers or external websites.

33. Privacy

MyGearMarket processes personal data as described in the Privacy Policy.

By using the platform, you acknowledge that MyGearMarket may process personal data for purposes including account creation, listing publication, messaging, orders, Secure Payment, seller verification, fraud prevention, reporting, moderation, support, reviews, analytics, platform security and legal compliance.

34. Availability and changes to the platform

MyGearMarket may update, modify, limit, suspend or discontinue any part of the platform at any time.

MyGearMarket does not guarantee uninterrupted, secure, error-free or always-available access to the platform.

Features may be added, changed, removed, limited or made subject to eligibility requirements.

35. No guarantee of sale or availability

MyGearMarket does not guarantee:

• that an item will be sold;
• that a listing will receive views, offers or messages;
• that a buyer will pay;
• that a seller will ship;
• that a product will remain available;
• that search ranking or visibility will remain the same;
• that the platform will meet a user's expectations.

36. Taxes and legal compliance

Users are responsible for complying with applicable tax, customs, import, export, consumer protection, product safety, distance selling, business registration and other legal obligations.

Professional sellers, dealers and business users are responsible for determining and complying with any obligations that apply to them, including VAT, consumer rights, withdrawal rights, warranties, invoicing, trader information and other business-to-consumer requirements.

MyGearMarket does not provide tax, legal, accounting or customs advice.

37. 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, unsafe or misdescribed items;
• user conduct;
• disputes between users;
• shipping delays, loss, theft, customs issues or transport damage;
• payment-provider decisions, delays, holds, declines, chargebacks or reversals;
• third-party services or external links;
• loss of profits, revenue, data, goodwill, reputation or business opportunity;
• indirect, consequential, special, punitive or incidental damages;
• temporary unavailability, bugs, errors or security incidents.

To the maximum extent permitted by law, 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.

For claims relating specifically to a Secure Payment transaction, MyGearMarket's liability is further limited as described in the Secure Payment Policy.

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

38. 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;
• inaccurate or misleading listings;
• infringement of third-party rights;
• fraud or misleading conduct;
• disputes with other users;
• tax, customs or consumer law non-compliance;
• misuse of the platform;
• violation of applicable law.

39. Termination by user

Users may stop using MyGearMarket at any time.

Certain information may be retained after account closure where necessary for legal compliance, fraud prevention, tax, accounting, dispute handling, order history, moderation, security, reporting or legitimate business purposes, as further described in the Privacy Policy.

40. Changes to these Terms

MyGearMarket may update these Terms from time to time.

The latest version will be published on the website. Where required or appropriate, MyGearMarket may notify users of material changes.

Continued use of the platform after updated Terms have been published constitutes acceptance of the updated Terms, unless mandatory law requires otherwise.

41. Governing law and jurisdiction

These Terms are governed by Dutch law, subject to any mandatory consumer protection rules that may apply.

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

42. Contact

For questions about these Terms or the platform, please contact: support@mygearmarket.com