April 18, 2019
Please read these
Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the geekit.app website (the "Service")
operated by GEEK-IT! ("us", "we", or "our").
If you are attending an event operated by GEEK-IT!, please also read the GEEK-IT! Events terms and conditions.
Your access to
and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users
and others who access or use the Service.
By accessing or
using the Service, you agree to be bound by these Terms. If you
disagree with any part of the terms then you may not access the
When you create
an account with us, you must provide us with information that is
accurate, complete, and current at all times. Failure to do so
constitutes a breach of the Terms, which may result in immediate
termination of your account on our Service.
responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password,
whether your password is with our Service or a third-party service.
You agree not to
disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or
unauthorized use of your account.
Links To Other Websites
Our Service may
contain links to third-party web sites or services such as Stripe
that are not owned or controlled by GEEK-IT!.
GEEK-IT! has no
control over, and assume no responsibility for, the content, privacy
policies, or practices of any third party websites or services. You
further acknowledge and agree that GEEK-IT! shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance
on any such content, goods or services available on or through any
such web sites or services.
advise you to read the terms and conditions and privacy policies of
any third-party web sites or services that you visit.
We may terminate
or suspend access to our Service immediately, without prior notice or
liability, for reasons such as spamming, suspicious/illegal
activities, display of nudity, online harassment , including without
limitation if you breach the Terms.
All provisions of
the Terms which by their nature should survive termination shall
survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of
We may terminate
or suspend your account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if
you breach the Terms.
your right to use the Service will cease immediately. If you wish to
terminate your account, you may simply discontinue using the Service.
All provisions of
the Terms which by their nature should survive termination shall
survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of
Terms specific for Shop Owners
1 Terms applicable to all Listings
creating a Shop through the GEEK-IT Platform you must (i) provide
complete and accurate information about your SHOP (such as
description, location, and product description), (ii) disclose any
deficiencies, restrictions (such as rules and conditions) and
requirements that apply (such as any minimum age, proficiency or
fitness requirements for an activity) and (iii) provide any other
pertinent information requested by GEEK-IT! . You are responsible for
keeping your SHOP information up-to-date at all times.
are solely responsible for setting a price (including any Taxes if
applicable, or any additional charges) for your SHOP. Once a User buy
an item of your SHOP, you may not request that user pays a higher
price than the one displayed on your SHOP.
Any terms and conditions included in your SHOP, in particular in
relation to refund, must not conflict with these Terms.
Pictures, animations or videos (collectively, "Images")
used in your SHOP must accurately reflect the quality and condition
of your services/goods. GEEK-IT! reserves the right to require
certain items to have a minimum number of Images of a certain format,
size and resolution.
The placement and ranking of SHOP in search results on the GEEK-IT!
Platform may vary and depend on a variety of factors, such as user
search parameters and preferences, SHOP requirements, price and
availability, number and quality of Images, customer service and
2 Listing Accommodations
You represent and warrant that any Item you post will (i) not breach
any agreements you have entered into with any third parties, such as
Stripe or municipality/state law, and (ii) comply with all applicable
laws, Tax requirements, and other rules and regulations (including
having all required permits, licenses and registrations).
cookie is a small data file that is transferred to your device (e.g.
your phone or your computer). For example, a cookie could allow us to
recognize your browser, while another could store your preferences.
There are two types of cookies used on the GEEK-IT! Platform: (1)
“session cookies” and (2) “persistent cookies.” Session
cookies normally expire when you close your browser, while persistent
cookies remain on your device after you close your browser, and can
be used again the next time you access the GEEK-IT! Platform.
also use other technologies with similar functionality to cookies,
such as web beacons, pixels, mobile identifiers, and tracking URLs,
to obtain Log Data. For example, our email messages may contain web
beacons and tracking URLs to determine whether you have opened a
certain message or accessed a certain link.
may charge fees ( "Service
in consideration for the use of the GEEK-IT! Platform.
applicable Service Fees (including any applicable Taxes) will be
displayed to a User prior when purchasing an item on the GEEK-IT!
Platform. GEEK-IT! reserves the right to change the Service Fees at
any time, and will provide Members adequate notice of any fee changes
before they become effective. Such fee changes will not affect any
items sold prior to the effective date of the fee change.
are responsible for paying any Service Fees that you owe to GEEK-IT!
. The applicable Service Fees (including any applicable Taxes) are
collected by GEEK-IT! Payments. GEEK-IT! Payments will deduct any
Service Fees from the item before remitting the payout to the Shop
Owner. Service Fees are non-refundable.
These Terms shall
be governed and construed in accordance with the laws of Quebec,
Canada, without regard to its conflict of law provisions.
Our failure to
enforce any right or provision of these Terms will not be considered
a waiver of those rights. If any provision of these Terms is held to
be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect. These Terms constitute the entire
agreement between us regarding our Service, and supersede and replace
any prior agreements we might have between us regarding the Service.
We reserve the
right, at our sole discretion, to modify or replace these Terms at
any time. If a revision is material we will try to provide at least
30 days notice prior to any new terms taking effect. What constitutes
a material change will be determined at our sole discretion.
By continuing to
access or use our Service after those revisions become effective, you
agree to be bound by the revised terms. If you do not agree to the
new terms, please stop using the Service.
If you have any
questions about these Terms, please contact us at firstname.lastname@example.org
Services Business Solutions Agreement
GEEK-IT! SERVICES BUSINESS SOLUTIONS AGREEMENT (THE "AGREEMENT")
CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE
OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU
REPRESENT AND GEEK-IT!. BY REGISTERING FOR OR USING THE SERVICES, YOU
(ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND
PROGRAM POLICIES THAT APPLY FOR EACH COUNTRY FOR WHICH YOU REGISTER
OR ELECT TO USE A SERVICE (IN EACH CASE, THE "ELECTED
used in this Agreement, "we,"
means the applicable GEEK-IT! Contracting Party and any of its
applicable Affiliates, and "you"
means the applicant (if registering for or using a Service as an
individual), or the business employing the applicant (if registering
for or using a Service as a business) and any of its Affiliates.
Capitalized terms have the meanings given to them in this Agreement.
If there is a conflict among terms in this Agreement, the Program
Policies will prevail over any applicable Service Terms and the
General Terms, and the applicable Service Terms will prevail over the
begin the enrollment process, you must complete the registration
process for one or more of the Services. Use of the Services is
limited to parties that can lawfully enter into and form contracts
under applicable Law (for example, the Elected Country may not allow
minors to use the Services).
Service Fee Payments; Receipt of Sales
details are described in the applicable Service Terms and Program
Policies. You are responsible for all of your expenses in connection
with this Agreement. To use a Service, you must provide us with a
valid bank account information for a bank account or bank accounts
acceptable by GEEK-IT! (conditions for acceptance may be modified or
discontinued by us at any time without notice) ("Your
You will use only a name you are authorized to use in connection with
the Service and will update all of the information you provide to us
in connection with the Services as necessary to ensure that it at all
times remains accurate, complete and valid. You authorize us (and
will provide us documentation evidencing your authorization upon our
request) to verify your information (including any updated
information). All payments to you will be remitted to Your Bank
Account through a banking network or by other means specified by us.
we determine that your actions or performance may result in returns,
chargebacks, claims, disputes, violations of our terms or policies,
or other risks to GEEK-IT! or third parties, then we may in our sole
discretion withhold any payments to you for as long as we determine
any related risks to GEEK-IT!or third parties persist. For any
amounts that we determine you owe us, we may (a) offset any amounts
that are payable by you to us (in reimbursement or otherwise) against
any payments we may make to you or amounts we may owe you; (b)
invoice you for amounts due to us, in which case you will pay the
invoiced amounts upon receipt; (c) reverse any credits to Your Bank
Account; or (d) collect payment or reimbursement from you by any
other lawful means. If we determine that your account has been used
to engage in deceptive, fraudulent, or illegal activity, or to
repeatedly violate our Program Policies, then we may in our sole
discretion permanently withhold any payments to you. Except
as provided otherwise, all amounts contemplated in this Agreement
will be expressed and displayed in the Local Currency, and all
payments contemplated by this Agreement will be made in the Local
term of this Agreement will start on the date of your completed
registration for or use of a Service, whichever occurs first, and
continue until terminated by us or you as provided in this Agreement
We may terminate or suspend this Agreement or any Service for any
reason at any time by notice to you. You may terminate this Agreement
or any Service for any reason at any time by the means then specified
by GEEK-IT! . Termination or suspension of a Service will not
terminate or suspend any other Service unless explicitly provided.
Upon termination, all rights and obligations of the parties under
this Agreement will terminate.
grant us a royalty-free, non-exclusive, worldwide, perpetual,
irrevocable right and license to use, reproduce, perform, display,
distribute, adapt, modify, re-format, create derivative works of, and
otherwise commercially or non-commercially exploit in any manner, any
and all of Your Materials, and to sublicense the foregoing rights to
our Affiliates and operators of GEEK-IT! Associated Properties;
provided, however, that we will not alter any of Your Trademarks from
the form provided by you (except to re-size trademarks to the extent
necessary for presentation, so long as the relative proportions of
such trademarks remain the same) and will comply with your removal
requests as to specific uses of Your Trademarks (provided you are
unable to do so using standard functionality made available to you
via the applicable GEEK-IT! Site or Service); provided further,
however, that nothing in this Agreement will prevent or impair our
right to use Your Materials without your consent to the extent that
such use is allowable without a license from you or your Affiliates
under applicable Law (e.g., fair use under United States copyright
law, referential use under trademark law, or valid license from a
represent and warrant to us that: (a) if you are a business, you are
duly organized, validly existing and in good standing under the Laws
of the country in which your business is registered and that you are
registering for the Service(s) within such country; (b) you have all
requisite right, power, and authority to enter into this Agreement,
perform your obligations, and grant the rights, licenses, and
authorizations in this Agreement; (c) any information provided or
made available by you or your Affiliates to GEEK-IT! or its
Affiliates is at all times accurate and complete; (d) you and your
financial institution(s) are not subject to sanctions or otherwise
designated on any list of prohibited or restricted parties or owned
or controlled by such a party, including but not limited to the lists
maintained by the United Nations Security Council, the US Government
(e.g., the US Department of Treasury’s Specially Designated
Nationals list and Foreign Sanctions Evaders list and the US
Department of Commerce’s Entity List), the European Union or its
member states, or other applicable government authority; and (e) you
and all of your subcontractors, agents, and suppliers will comply
with all applicable Laws in your performance of your obligations and
exercise of your rights under this Agreement.
release us and agree to indemnify, defend, and hold harmless us, our
Affiliates, and our and their respective officers, directors,
employees, representatives, and agents against any claim, loss,
damage, settlement, cost, expense, or other liability (including,
without limitation, attorneys' fees) (each, a "Claim")
arising from or related to: (a) your actual or alleged breach of any
obligations in this Agreement; (b) any of Your Sales Channels other
than GEEK-IT! Sites and GEEK-IT! Associated Properties, Your Products
(including their offer, sales, performance, and fulfillment), Your
Materials, any actual or alleged infringement of any Intellectual
Property Rights by any of the foregoing, and any personal injury,
death, or property damage related thereto; (c) Your Personnel
(including any act or omission of Your Personnel or any Claim brought
or directed by Your Personnel); or (d) Your Taxes. You will use
counsel reasonably satisfactory to us to defend each indemnified
Claim. If at any time we reasonably determine that any indemnified
Claim might adversely affect us, we may take control of the defense
at our expense. You may not consent to the entry of any judgment or
enter into any settlement of a Claim without our prior written
consent, which may not be unreasonably withheld.
& General Release.
THE GEEK-IT! SITES AND THE SERVICES, INCLUDING ALL Product ,
SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR
PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS."
AS A USER OF THE SERVICES, YOU USE THE GEEK-IT! SITES AND THE
SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES
REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS
CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF A COURSE OF
DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR
NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE GEEK-IT! SITES AND THE SERVICES WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR
FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS,
INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS
THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR
SETTLEMENT OF ANY TRANSACTIONS.
BECAUSE GEEK-IT! IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS
AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES
BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES GEEK-IT!
(AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU
OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY
INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS
AGREEMENT, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA OR
PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT, EVEN IF GEEK-IT!HAS BEEN ADVISED OF THE POSSIBILITY OF
THOSE COSTS OR DAMAGES.
the course of your use of the Services, you may receive information
relating to us or to the Services, including but not limited to
GEEK-IT! Transaction Information, that is not known to the general
You agree that: (a) all Confidential Information will remain GEEK-IT!
's exclusive property; (b) you will use Confidential Information only
as is reasonably necessary for your participation in the Services;
(c) you will not otherwise disclose Confidential Information to any
other Person; and (d) you will take all reasonable measures to
protect the Confidential Information against any use or disclosure
that is not expressly permitted in this Agreement. You may not issue
any press release or make any public statement related to the
Services, or use our name, trademarks, or logo, in any way (including
in promotional material) without our advance written permission, or
misrepresent or embellish the relationship between us in any way.
of GEEK-IT!Transaction Information.
will not, and will cause your Affiliates not to, directly or
indirectly: (a) disclose any GEEK-IT! Transaction Information (except
that you may disclose that information solely as necessary for you to
perform your obligations under this Agreement if you ensure that
every recipient uses the information only for that purpose and
complies with the restrictions applicable to you related to that
information); (b) use any GEEK-IT! Transaction Information for any
marketing or promotional purposes whatsoever, or otherwise in any way
inconsistent with our or your privacy policies or applicable Law; (c)
contact a Person that has ordered Your Product with the intent to
collect any amounts in connection therewith or to influence that
Person to make an alternative transaction; (d) disparage us, our
Affiliates, or any of their or our respective products or services or
any customer; or (e) target communications of any kind on the basis
of the intended recipient being an GEEK-IT! Site user. In addition,
you may only use tools and methods that we designate to communicate
with GEEK-IT! Site users regarding Your Transactions, including for
the purpose of scheduling, communicating, or cancelling the
fulfillment of Your Products. The terms of this Section
do not prevent you from using other information that you acquire
without reference to GEEK-IT! Transaction Information for any
purpose, even if that information is identical to GEEK-IT!
Transaction Information, provided that you do not target
communications on the basis of the intended recipient being an
GEEK-IT! Site user.
and Other Information.
you or any of your Affiliates elect to provide or make available
suggestions, comments, ideas, improvements, or other feedback or
materials to us in connection with or related to any GEEK-IT! Site or
Service (including any related Technology), we will be free to use,
disclose, reproduce, modify, license, transfer and otherwise
distribute, and exploit any of the foregoing information or materials
in any manner. In order to cooperate with governmental requests, to
protect our systems and customers, or to ensure the integrity and
operation of our business and systems, we may access and disclose any
information we consider necessary or appropriate, including but not
limited to user contact details, IP addresses and traffic
information, usage history, and posted Product .
may amend any of the terms and conditions contained in this Agreement
at any time and at our sole discretion. you are responsible for
reviewing these locations and informing yourself of all applicable
changes or notices. Changes to Program Policies may be made without
notice to you. You should refer regularly to the Service Terms and to
be sure that the items you offer can be offered via the applicable
Service. YOUR CONTINUED USE OF THE SERVICE AFTER GEEK-IT! 'S POSTING
OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR
used in this Agreement, the following terms have the following
means, with respect to any entity, any other entity that directly or
indirectly controls, is controlled by, or is under common control
with that entity.
means any website or other online point of presence, mobile
application, service or feature, other than an GEEK-IT! Site, through
which any GEEK-IT! Site, or products or services available on any of
them, are syndicated, offered, merchandised, advertised, or
means the website, the primary home page of which is identified by
the url www.geekit.app
and the url www.geekitcon.com,
and any successor or replacement of such website.
means, collectively, Order Information and any other data or
information acquired by you or your Affiliates from GEEK-IT! , its
Affiliates, or otherwise as a result of this Agreement, the
transactions contemplated by this Agreement, or the parties'
performance under this Agreement.
means copyrightable works under applicable Law and Product protected
by database rights under applicable Law.
means the applicable one of the following:
state or Federal court in King County, Washington (if the Elected
Country is Canada, Mexico, or the United States),
District Court or Tokyo Summary Court depending upon the amount of
the claim made (if the Elected Country is Japan).
means the applicable one of the following:
laws of the State of Washington, United States together with the
Federal Arbitration Act and other applicable federal law (if the
Elected Country is Canada, Mexico, or the United States),
laws of Japan (if the Elected Country is Japan).
means any patent, copyright, Trademark, domain name, moral rights,
trade secret rights, or any other intellectual property rights
arising under any Laws and all ancillary and related rights,
including all rights of registration and renewal and causes of action
for violation, misappropriation or infringement of any of the
means any law, ordinance, rule, regulation, order, license, permit,
judgment, decision, or other requirement, now or in the future, in
effect, of any governmental authority (e.g., on a federal, state, or
provincial level, as applicable) of competent jurisdiction.
means the applicable one of the following:
Dollars (if the Elected Country is the United States),
Dollars (if the Elected Country is Canada),
Pesos (if the Elected Country is Mexico),
Yen (if the Elected Country is Japan).
means, with respect to any of Your Products ordered through an
GEEK-IT!Site, the order information and shipping information that we
provide or make available to you.
means any individual, corporation, partnership, limited liability
company, governmental authority, association, joint venture,
division, or other cognizable entity, whether or not having distinct
means all terms, conditions, policies, guidelines, rules, and other
information on the applicable GEEK-IT! Site.
means the gross proceeds from any of Your Transactions, including all
shipping and handling, gift wrap and other charges.
means any individual, corporation, partnership
in the business of selling consumer and business products.
means each of the following services: Selling on GEEK-IT! And the
Marketplace Web Service.
means the service terms applicable to each Service, which are made
part of this Agreement upon the date you elect to register for or use
the applicable Service, and any subsequent modifications we make to
means any: (a) ideas, procedures, processes, systems, methods of
operation, concepts, principles, and discoveries protected or
protectable under the Laws of any jurisdiction; (b) interfaces,
protocols, glossaries, libraries, structured XML formats,
specifications, grammars, data formats, or other similar materials;
and (c) software, hardware, code, technology, or other functional
means any trademark, service mark, trade dress (including any
proprietary "look and feel"), trade name, other proprietary
logo or insignia, or any other source or business identifier,
protected or protectable under any Laws.
means all Technology, Your Trademarks, Product , Your Product
information, data, materials, and other items or information provided
or made available by you or your Affiliates to GEEK-IT!or its
means any third party warranting, administering or otherwise involved
in the offer, sale, performance, or fulfillment of Your Products,
including any of your employees, representatives, agents,
contractors, or subcontractors.
means any product or service (including Optional Coverage Plans) that
you: (a) have offered through the Selling on GEEK-IT!Service; (b)
have made available for advertising through the GEEK-IT!Clicks
Service; or (c) have fulfilled or otherwise processed through the
Fulfillment by GEEK-IT!Service.
means all sales channels and other means through which you or any of
your Affiliates offers products or services, other than physical
means Trademarks of yours that you provide to us: (a) in non-text
form for branding purposes; and (b) separate from (and not embedded
or otherwise incorporated in) any product specific information or
means any sale of Your Product(s) through an GEEK-IT! Site.
SELLING ON GEEK-IT! SERVICE AGREEMENT
and Other Product
agrees and warrants that any and all Seller Product : (a) will be
truthful, accurate, and not misleading or otherwise deceptive; (b)
will not violate the intellectual property rights of any third party
such as copyright, patent, trademark, trade secret or other
proprietary rights, rights of publicity or privacy; (c) will not
violate any law, statute, ordinance or regulation; (d) will not be
defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; and (e) will not create liability for GEEK-IT! . Seller
agrees that any and all Seller Product may be publicly displayed by
GEEK-IT! as GEEK-IT! sees fit and at no charge to GEEK-IT! GEEK-IT!
will not have any responsibility for or liability with respect to
Seller's Product .
hereby represent and warrant that you will not list, offer or sell
products that: (a) are stolen or counterfeit; (b) violate the
intellectual property rights of others such as copyright, patent,
trademark, trade secret or other proprietary rights, rights of
publicity or privacy; (c) you do not have full right and authority to
sell; (d) contain any viruses, Trojan horses, worms, or other
computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (e) violate any law, statute, ordinance
or regulation (such as those governing export control or consumer
protection); (f) contain any material that is obscene, pornographic
or that contains child pornography; and/or (g) create liability for
Product Authenticity and Safety
products sold through the Marketplace Program will be received by
Seller directly from the brand owner or from an authorized supplier
of the brand owner, and Seller must be an authorized reseller of the
Products. Seller will maintain adequate processes and procedures for
conducting diligence to assure that the Products are authentic,
authorized for sale, and not stolen, counterfeit, illegal or
misbranded. Upon GEEK-IT! 's request, Seller will promptly provide
GEEK-IT! with (i) certificates of authenticity (or similar
documentation) for Products and (ii) documentation (e.g. email
verifications from the brand owner or supplier) showing that Seller
is permitted to sell specific brands or Products through the GEEK-IT!
Testing and Certification
will comply with, and ensure that all Products comply with all
product safety, testing and certification requirements under
applicable Law, including without limitation, the Consumer Product
Safety Act, as amended, the Consumer Product Safety Improvement Act
may have to provide GEEK-IT! with written certification from an
officer of Seller stating that Seller has complied with any of
Seller's obligations under this Agreement, including, for example and
without limitation, compliance with consumer product safety laws,
authenticity of Products, or restrictions on the use of Transaction
Fees and Commissions
Seller sells a Product through the GEEK-IT! Site, GEEK-IT! shall
earn a commission fee ("Commission Fee") equal to a certain
percentage of Sales Proceeds.
fees and other amounts owed to GEEK-IT! will be deducted from the
amounts received from Customers for the purchase of Seller's Products
through the GEEK-IT! Site (such resulting amount, "Seller
Payment"), and GEEK-IT! shall have no obligation to make any
Seller Payment to Seller with respect to any Products, unless and
until GEEK-IT! actually receives payment from such customer. Each
week, GEEK-IT! shall pay to you owed Seller Payment associated with
amounts received by GEEK-IT! from purchases previously made from and
fulfilled by you through the Marketplace. Seller Payments shall be
made to your bank account that you designate to receive payment or in
other manner selected by GEEK-IT! such as by wire transfer.
may withhold the payment of funds to you, or return funds to the
buyer, if you are the subject of an investigation, or there is a
claim against you, for any suspected or alleged wrongful conduct or
any violation of this Agreement, and you agree that GEEK-IT! will
not be liable to you for any such amounts.
Processing, Fulfillment and Shipping
will be the Seller of record. Customers purchasing Products through
the GEEK-IT! Site (each a "Customer" and together
"Customers") will place orders using the GEEK-IT! checkout
system and GEEK-IT! will collect all proceeds from such
transactions, including shipping costs and any additional cost
provided by Seller to GEEK-IT! . The Customer is the Buyer or
Purchaser of Record. GEEK-IT! will electronically transmit to Shop
Owner the order information (e.g. Customer name, shipping address,
and email) ("Transaction Information") that GEEK-IT!
determines Seller needs to fulfill each order, including without
limitation, shipping Product(s) to Customers and providing Customer
service. GEEK-IT! will send an automated email message to each
Customer confirming receipt of an Order. Seller will provide GEEK-IT!
with Seller's Customer service contact information which GEEK-IT!
may include in such confirmation email and/or on the GEEK-IT!
of Fraud and Loss
bears the risk of all fraud except credit card payment chargebacks
for orders shipped to the address provided by GEEK-IT! . Seller will
be responsible for all costs related to fraud under any other
circumstance, and all chargebacks related to Products sold and
Product fulfillment and delivery. For all credit card chargebacks for
which Seller bears the risk, GEEK-IT! will offset such chargeback
amounts against amounts otherwise owed Seller, or send Seller an
invoice and Seller will pay such invoice within thirty (30) days of
Once GEEK-IT! has transmitted an order to Seller, Seller will at its
own expense, be solely responsible for, and bear all liability for,
the fulfillment of the Order, including without limitation, packaging
and shipping of Products, securing the services of and payment of any
freight forwarder or customs broker service charges (as may be
required for any particular shipment), import or export duties or
taxes (as applicable), and Customer service. Seller agrees that legal
ownership and all risk of loss of the Products remains with the
Seller until the Customer physically receives the Product from
Seller. If Seller cannot fulfill the entire quantity of a purchase
order (PO) line in an Order, then the Seller will cancel that PO
line, fulfill all other lines in the Order and notify GEEK-IT! of
such cancellation. If the Order consists of one PO line that Seller
cannot fulfill the entire quantity for, then Seller will cancel the
entire Order and notify GEEK-IT!
is responsible for properly specifying shipping options for all
Products in its Item File or through the Seller interface on the
Marketplace, and for properly handling all returns, including without
limitation, those for Products that have unique requirements for
shipping and return handling, including without limitation, hazmat or
perishable Products to the extent such Products are permitted to be
sold on the GEEK-IT! site.
will process all payments from Customers on the Marketplace and
remit to Seller any amounts owed to Seller on a schedule to be
maintained by GEEK-IT! and noticed to Seller from time to time.
GEEK-IT! reserves the right to offset any overpayments against
future payments which would be due to the Seller.
Returns and Refunds
is responsible for processing all Customer cancellations, returns,
refunds, and/or Customer service price adjustments. Seller will
provide GEEK-IT! with its Customer return, refund and price
adjustment policies ("Cancellations, Returns and Refunds
Policies") for display on the GEEK-IT! Site. If Seller does not
provide such Policies to GEEK-IT! then Seller shall be deemed to have
adopted GEEK-IT! 's standard customer service policies as may be
adopted and/or revised from time to time.
will be responsible for all refunds according to the Seller’s own
return policy. Any refund that occurs after the payment has been
deposited into your bank account (up to 10 business days) will result
in a 2.9% + 0.3$ charge from Stripe.
Parity with Seller's Sales Channels
Seller will maintain parity between the
Products it offers through the Seller Site and the Products offered
on the GEEK-IT! Site by ensuring that at all times: (a) the purchase
price and every other term of offer and/or sale of the Products
(including associated shipping and handling charges and options, any
"low price" guarantee, rebate or discount, any free or
discounted products or other benefit available as a result of
purchasing one or more other products, and terms of applicable return
and refund policies) is at least as favorable to GEEK-IT! users as
the most favorable terms upon which a product is offered and/or sold
via the Seller Site or by Seller on any other third party
marketplace; (b) customer service for the Products is at least as
responsive and available and offers at least the same level of
support as the most favorable customer service offered in connection
with the Seller site; and (c) the Product , including without
limitation, the product images, description and other information
regarding the Products, provided by Seller to GEEK-IT! for the
GEEK-IT! site is of at least the same level of quality as the
highest quality information displayed or used on the Seller site or
provided by Seller to any other third party marketplace.