CONSIGNMENT TERMS OF SERVICE

This Consignment Terms of Service agreement creates a contract between you and Geartrade Retail LLC (“Geartrade") if you supply goods to Geartrade (the"Agreement"). Please read this Agreement carefully. To confirm your understanding and acceptance of the Agreement, click "Submit" on the “SEND US YOUR GEAR” page.

Geartrade's Terms of Service are located at:
https://www.geartrade.com/helpdesk/our-policies/terms-and-conditions-of-use, and apply to your and Geartrade's activities under this Agreement.

Overview

Geartrade markets and sells Outdoor Gear and Apparel. Geartrade inspects the items you send to us or that we have collected from you in order to list your accepted items for sale through our Services (collectively, the “Property“) on a consignment basis. This means that you, not Geartrade, will still own the Property, even after you transfer physical possession of the Property to Geartrade.

After Geartrade processes the Outdoor Gear or Apparel that you have sent to us or that we have collected from you, Geartrade will inform you whether any of your items have been accepted for sale and the recommended price set by Geartrade. You will then have 48 hours change your price before the recommended price set by Geartrade takes effect. The Accepted items will then be processed and listed as available for sale on Geartrade.com and, at Geartrade's sole discretion, may also concurrently be displayed and available for purchase on third party platforms.

What We Accept

Geartrade only accepts items that meet our acceptance standards. We may reject an item for any reason. Each item will be evaluated to determine,in our sole discretion, whether the item:

(1) Is in good, excellent, like-new or new condition, and if needed, that has been freshly laundered and completely dried.

(2) Is free from stains, pilling, fading, rips, holes,tears, odor, any other signs of excess wear, is still functional, is not missing parts, has not been altered, and tags and labels are still visible.

(3) Is authentic.

(4) for which the representations and warranties you make in the “Your Representations, Warranties, and Indemnification” section below are true. Learn more about our acceptance conditions here:
https://www.geartrade.com/consignment/what-we- accept

Property that does not meet the above requirements will not be accepted and will be either: (1) returned to you at your expense or (2) with your approval, Geartrade will donate your items to a charity of its choice.

Title to Property

You will continue to own and have title to each item of Property until that item is "Sold". An item will be considered Sold when: (1) it is sold by Geartrade to a customer and not returned to Geartrade within the then-current Return Policy (see Return Policy); or (2) it is lost, stolen, damaged, or destroyed while in Geartrade's possession. Geartrade defines possession as being the moment goods are received at its warehouse and loaded into your consignment account.

Consignment Period and Return Of Property

The "Consignment Period" for each item of Property begins on the date Geartrade accepts the item for consignment and ends 230 days thereafter. If an item remains unsold on day 200 of the Consignment Period, Geartrade will contact you and, at your option: (1) return the item to you, (2) donate the item to a charity of Geartrade's choice.

At any time during the Consignment Period, and subject to this provision, you may request in writing that Geartrade return the item so long as the item has not already been Sold. Once Geartrade receives your Return Request, it will use commercially reasonable efforts to remove the item from Geartrade.com before it is sold.

If you request to have an item returned, you will be responsible to pay for shipping costs at current market rates.

If an item is rejected and You do not respond to requests from Geartrade to either have the item sent back or donated after 15 days, the item may be donated or recycled at Geartrade's discretion.

If at the end of the Consignment Period Geartrade is unable to contact you at the email or physical address it has on file for you, the item may be donated or recycled at Geartrade's discretion.

Pricing

Listing prices are determined by many factors, including the estimated Retail Price, brand, age, product category, seasonality, and condition of each item. If we cannot find an accurate Retail Price for your property, Geartrade will in its best effort estimate the Retail Price based on other known products or categories.

Price Adjustments: Once your item has been accepted, you will receive an email with our suggested price and will have 48 hours to adjust the price. The maximum price adjustment you may make is 80% of the estimated Retail Price set by Geartrade. The price you select will be held for thirty days, at which point:

• (1) Geartrade may decrease the price to find the optimal selling price based on market conditions, demand, and seasonality. This can be up to 85% off the Retail Price.
• (2) Geartrade may offer additional discounts and promotions during the Consignment Period, at its sole discretion and without notice to you, to efficiently market and sell the Property

After your gear has been listed for 200 days, we'll send you another email with the following options:

• (1) Donate — Donate your gear to a good cause.
• (2) Send Back — We can send your gear back to you. (You will be responsible for return shipping costs)

If no action is taken after 230 days, we'll donate your gear. Don't worry, we'll send you plenty of emails beforehand so you're fully aware. We work with various nonprofits that help lower the barrier of entry into the outdoors.

Payouts

Once your item is sold and the buyer keeps the item beyond the eligible return period, you'll receive your payout in your designated payout method, PayPal, or Venmo. Your payout will be based on the final selling price excluding fulfillment and sales tax costs incurred by the buyer. If the item is returned, your consignment window will start where it left off so that your item has more time to sell, and you will be paid out as soon as the item sells for the second time.
Learn more: https://www.geartrade.com/helpdesk/consignment

Items Listed on Third-Party Platforms

Geartrade reserves the right to list and sell any items on third-party platforms (including online auctions, omnichannel retail partners and other relevant distribution channels). Any seller payouts for items sold on third-party platforms will be consistent with our published payout schedule regardless of whether any additional fees are charged to the end buyer.

Your Representations, Warranties, and Indemnification

You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to sell and consign the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include stolen or counterfeit goods (d) The property is legal to sell; and (e) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.

You hereby indemnify and hold Geartrade harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys' fees and costs, incurred by Geartrade as a result of or arising in any way out of Geartrade's display or sale of the Property, including but not limited to, civil or criminal suits over authenticity or ownership of Property, legality of sales, or copyright or trademark infringement.

Counterfeit and Stolen Items

You are responsible for ensuring the authenticity of all Property you provide to us. If Geartrade cannot confirm the authenticity of any item of Property you have provided, it shall have the right in its sole discretion to refuse to accept the item. If Geartrade determines at any time that an item of Property is counterfeit, Geartrade shall notify you that it has made such a determination and you will have an opportunity to provide proof of purchase/other proof of authenticity acceptable to Geartrade. You acknowledge and agree that any item Geartrade finally determines to be counterfeit will not be returned to you and will be destroyed.
You acknowledge and understand that Geartrade is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. Geartrade takes such reports seriously and will cooperate with law enforcement in all investigations.

Notices

If you have any questions or comments about this Agreement, the services that Geartrade provides, or wish to terminate this Agreement, please contact Geartrade by email at gearheads@geartrade.com.

You also may write to Geartrade at:
Geartrade, LLC
Attn: Legal Department
1887 South 3230 West
Salt Lake City, UT 84104

Geartrade shall provide all notices to you at the email address that you have provided to Geartrade. You are solely responsible for keeping that information current with Geartrade.
You hereby agree that all agreements, notices, disclosures, and other communications that Geartrade provides electronically to you satisfy any legal requirement that such communications be in writing.

Dispute Resolution

In the event you wish to initiate an action, we strongly encourage you to first contact us directly at gearheads@geartrade.com

If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 45 days in which to respond to or settle the Dispute. Notice shall be sent:

to Geartrade at:
Geartrade, LLC
Attn: Legal Department
1887 South 3230 West
Salt Lake City, UT 84104