TERMS OF USE

(Updated on May 27, 2020)

1. Accepting Terms of Use

LIMITS OF AGREEMENT. This document, our Privacy policy and all policies posted on our sites will constitute the entire legally binding agreement between GEHT International Ltd and you (‘’Terms of Use’’). GEHT International Ltd provides and administrates website features and services when you visit or shop at www.gehtmarketplace.com (“GEHT Marketplace”). Unless the context clearly requires otherwise, as used in these Terms of Use, the terms “our”, “we”, “us” and the like mean and refer to GEHT Marketplace and the terms “your”, “you”, “user” and the like mean and refer to the buyer and/or seller, the users of the Marketplace, and the term “Service” refers to our GEHT Marketplace website and our other services.

The entity that you are contracting with is GEHT International Ltd, Bank of East Asia Harbour View Centre, 56 Gloucester Road, Wan Chai, China PR Hong Kong.

PLEASE READ THIS AGREEMENT CAREFULLY. Before you use our Service, you should review and understand the Terms of Use. By using our Service (even just browsing our websites), you are agreeing to the Terms of Use. If you don’t agree with them, you may not be allowed to use our Service. This agreement sets out your rights and responsibilities and we require that all our Service users are responsible for following them. If you don't, you may be subject to actions, including limits of your buying and selling privileges and suspension of your account.

2. Your Account

In order to use some of our services, you’ll need to create an account with our Service. You must be 18 years or older to use our Service. A username that is offensive or infringes upon someone’s intellectual property rights violates the Terms of Use. You agree to provide accurate information about yourself and the company you represent. You must be registered as a business entity and you personally guarantee that you have the authority to form legally binding contracts on behalf of that business entity in order to agree to our Terms of Use. You guarantee that you are permitted to receive our Service under the laws of Hong Kong or other countries / regions including the country / region in which you are resident or from which you use the Service. User may only register one member account with the Service and you may not transfer your GEHT Marketplace account and user ID to another party without our consent. You are responsible for maintaining the confidentiality of your account and password and you are solely responsible for all activities that occur under your account or password. We may cancel unconfirmed accounts or accounts that have not been used for a long time. Additionally, we reserve the right to approve, reject or terminate all or part of our Service to anyone for any reason at any time.

It’s strictly forbidden to use false information or impersonate another person or company through your account. If we believe you have engaged in improper use of our Service, we reserve the right to refuse service, terminate accounts, remove or edit content, or cancel listings or orders and take technical and/or legal actions to prevent you to use our Service.

3. Content

You represent and warrant that you own or otherwise control all of the rights to the content that you post using our Service including usernames, questions, comments, listing images, listing descriptions or other information. You may not use a false e-mail address, impersonate any person or entity and you are responsible for ensuring that you are not infringing or violating any third party’s rights by posting your content. You will not post products or content in inappropriate categories or areas of our websites. You agree not to post any content that is false, misleading or uses the Service in a manner that is deceptive or fraudulent. Meta tags, URL links, emails addresses or phone/fax numbers that are included in a listing or in our Chat tool will be removed. Identical or duplicate listings are prohibited in order to improve our user experience. If identical product listings are found, we may remove all listings by the user who posted the duplicate listings.

You agree that you will not distribute or post content including political campaigning, commercial solicitation, unsolicited or bulk commercial electronic messages, mass mailings, chain letters or any form of “spam”. You will not upload any viruses or other technologies that may harm GEHT Marketplace or the property of its users. You will not use any robot, scraper or any other automated means to access our Services for any purpose.

When you post your content, you grant GEHT International Ltd a license to use it. You grant a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to use, display, reproduce, modify, publish, perform, translate, store and create derivative works of your content to provide and to promote GEHT Marketplace in general, in any formats and through any channels, including across any GEHT International Ltd services or third-party websites.

You represent and warrant that the posted content is accurate and that you will indemnify GEHT International Ltd for all claims resulting from content that you supply. GEHT International Ltd has the right (but not the obligation) to edit or remove any activity or content. GEHT International Ltd takes no responsibility and assumes no liability for any content posted by our users.

4. Use of our Services

GEHT Marketplace is a business-to-business online marketplace for users to offer, sell and buy a variety of new and pre-owned industrial, medical, life science and scientific lasers, accessories for lasers and laboratory equipment for a variety of purposes and in various global locations. The agreement for sale is purely between the seller and the buyer.

GEHT International Ltd grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use our services. This license doesn’t include any commercial use or resale of our Service or its content. You will not copy, reproduce, distribute, sell, perform, reverse engineer, prepare derivative works or otherwise commercially exploit the Service content from GEHT Marketplace product listings, descriptions, images, prices or any kind of content that is licensed or belongs to GEHT Marketplace. Any use of account information or data usage for the benefit of a third party without prior written permission of GEHT International Ltd is against our Terms of Use.

You may use our Service only as permitted by applicable law. You agree that the content you submit is not illegal, defamatory, threatening, abusive or otherwise offensive or infringing or violating any of the patent, trademark, trade name, trade secrets, copyright or any other proprietary rights of any third party. You represent and warrant that you have the right and authority to sell, offer to sell and export the products (including export controlled products) and such sale does not violate any third party rights. You represent and warrant that you or your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organisation or jurisdiction. It’s your responsibility to obtain any permits or licenses that are required to comply with all laws and regulations applicable to the domestic or international sale, purchase, and shipment of products.

You agree that you will not violate any laws in connection with your use of the Services and you will not commit fraud, theft or any other crimes against GEHT International Ltd, other Service users or any third party. The license granted by GEHT International Ltd terminates if you do not comply with these Terms of Use.

5. GEHT Marketplace Safe Payment Process policy

This policy is a part of our Terms of Use. By using our Safe Payment Process, you are agreeing to this policy and our Terms of Use.

Currencies
There are two sales transaction currency options available: USD and EUR. The purchase must be paid using the same currency the product is listed in on the Service.

Listing description and the minimum listing price requirement
When you sell a product on our Service, you must create a listing. A listing (either fixed price or auction) may consist of one or multiple products that you are selling. The listing has a specific reference number that is referred to in the sales transaction and it has a specific price. You can create multiple listings on the Service if you want. A fixed price listing will expire automatically after 5 months unless you decide to renew the listing using your user account’s listing renew function. The new listing period is 3 months and it will expire automatically. An auction listing will expire automatically when the pre-defined listing duration ends.

Registration
In order to make a sales transaction using the GEHT Marketplace, both the seller and the buyer must be registered with our Service. Users must provide accurate information as requested during the registration process and they authorise us to verify their user identity by allowing us to access available public records. If there is any need to update the registration information, users have the sole responsibility to update that information accurately. We do our best to verify the accuracy of the information provided in order to protect the integrity of the Service and reduce the risk of money laundering, fraud and the violation of trade sanctions or export control regulations. GEHT International Ltd has the right to refuse to offer the Service to anyone, for any reason or at any time and reserves the right to decline transactions that are believed to be fraudulent, high risk or in violation of our Terms of Use.

Delivery method and package
Delivery method is defined by the seller. Usually it is F.C.A. Origin. All delivery costs will be at the expense of the buyer. The cost of delivery can be estimated by using the product size and weight information found on the seller’s product listing description. The cost of packaging for the delivery is at the expense of the seller.

Payment method
GEHT International Ltd provides a secure wire transfer (sometimes referred to as a bank to bank or t/t) payment method. We don’t accept payment by credit or debit card, PayPal or similar services. In all cases where our Service is used, GEHT International Ltd does not represent either the seller or the buyer in a specific transaction. When using our Service, you understand that the users are responsible for all payments, product returns, handling, transportation, storages, warranties, insurances, fees, taxes and permits.

GEHT Safe Payment Process
All payments and deliveries go through our Safe Payment Process. Each listing has its own specific reference number and each individual listing must go through the Safe Payment Process separately. The Safe Payment process is designed to protect the seller by ensuring that the seller gets paid in full and to protect the buyer by ensuring the buyer gets a product that matches the product description in the listing. The buyer and the seller understand that when they enter in to the sales transaction using our Service, both parties must fulfill the Safe Payment Process requirements. If either the seller or the buyer fails to fulfill the Safe Payment Process requirements, GEHT International Ltd has the right to suspend the sales transaction.

The Safe Payment Process includes the following steps:

1. The Service initiates the Safe Payment Process when a buyer submits an online purchase order using the Service. At this time, buyer enters into a legally binding contract requiring buyer to pay for the product. If the buyer participates in an auction selling on GEHT Marketplace, each bid the buyer makes is a legally binding contract requiring buyer to pay for the product, if the buyer wins the auction.
2. Buyer must deposit the payment amount in advance to GEHT International Ltd’s bank account as a safeguard in case of refund (see our Return Policy). Buyer agrees to deposit the payment in full to GEHT International Ltd’s bank account within 10 days of receiving the invoice.
3. Upon the payment verification by GEHT International Ltd, the seller is authorised to deliver the product to a buyer. The Service sends an authorisation document entitled “Shipment authorisation” to the seller’s registered email address. The seller agrees to deliver the purchase within the Handling time of receiving the Shipment authorisation notification. The handling time is the number of days the seller will take to ship the product after receiving the Shipment authorisation document from the GEHT Marketplace. The seller is obligated to enter the ship date and the tracking number with the Service when the delivery dispatches.
4. When the buyer has received the product delivery, he/she has 5 business days (‘’Return Period’’) to verify that the product matches the listing description.
5. GEHT International Ltd deposits the purchase amount to the seller’s bank account after the return period is over. The payment day is on the 15th of the month following the day that the return period has ended.

In the case that a buyer fails to make a payment or the payment is late, we may, in our sole discretion, cancel or put on hold the Safe Payment Process and/or suspend or terminate user’s account. We also reserve the right to seek reimbursement from a buyer in any of the following cases: buyer non-payment or late payment or if a buyer does not comply with our Safe Payment Process or the Terms of Use in general. We may seek reimbursement from the buyer by any other lawful means, including the use of collection services.

If there is a risk that a seller's actions may result in buyer claims or disputes, we may, in our sole discretion, cancel or put on hold the Safe Payment Process and/or suspend or terminate user’s account. We also reserve the right to seek reimbursement from a seller in any of the following cases: seller did not deliver a purchased product to the buyer on time or seller did not deliver at all, or a seller does not comply with our Safe Payment Process or the Terms of Use in general. We may seek reimbursement from the seller by any lawful means, including by the use of collection services.

6. Fee policy

This policy explains your fees and payments when you use our Service and is a part of our Terms of Use. By using our Service, you’re agreeing to this policy and our Terms of Use.

Registration and listing fees
Registration and listing in our Service is free regardless of the number of listings.

Service fee
When a seller sells a product to a buyer using our Service, seller is charged a Service fee after the Safe Payment Process is completed. The amount of the Service fee will be assessed on the listing price or the final price in auction sales, excluding the Value-Added Tax (if applicable). When the sales tax is included to the Listing price, the Service fee will be assessed on the Listing price or the final price in auction sales. The Service fee will appear on your GEHT International Ltd invoice and it is deducted from the buyer’s original deposit amount. The Service fee depends on the value of the sales transaction (see table 1 below).

Banking fee
We charge a payment processing fee for processing each bank transaction through our bank account. Each bank transaction has a flat fee 30 € or 30 $. Buyer will see the banking fee appear on his/her GEHT International Ltd invoice when he/she pays the deposit. Seller will see the banking fee appear on his/her GEHT International Ltd invoice and it is deducted from the buyer’s original deposit amount along with the Service fee. Please note that you may also need to pay the payment processing fee of your own bank.

Fee avoidance
All orders initiated using the GEHT Marketplace must be completed on the GEHT Marketplace. Placing orders outside the GEHT Marketplace is strictly forbidden. You agree not to use the GEHT Marketplace Chat tool or any other means to move a sales transaction outside the GEHT Marketplace. Any attempt by a user to move a sales transaction outside the GEHT Marketplace will be considered fee avoidance and may result in an immediate termination of such account. In cases of fee avoidance, we may seek reimbursement from such user by any lawful means, including by using collection services.

7. Return policy

Buyer may have the right to request a product return and refund under the GEHT Marketplace Safe Payment Process if a product doesn’t match a product description given in the listing, if a product arrives damaged or is missing parts. Note that all the products listed on the GEHT Marketplace are sold as “As is” (no warranty) unless otherwise specified. “As is” does not disclaim express warranties, such as those created by the seller's product listing description or in the GEHT Marketplace Chat discussion related to a specific product. An inaccurate product description may give the buyer the right to return a product.

When a product has been delivered to the buyer, the buyer has the responsibility to verify that the product matches the listing description within the 5 business day return period. If buyer has asked questions about the product using the GEHT Marketplace Chat tool, the replies from the seller, including the replies the seller has given to other users, are considered to be part of the product description. Buyer’s failure to inspect the product and give written notice to the seller and the GEHT Marketplace of any alleged nonconformity within the 5 business day return period will constitute an irrevocable acceptance by the buyer of the product’s conformity.

In the case of alleged nonconformity, a buyer is obligated to send written notice of nonconformity (the GEHT Marketplace RMA report) within the return period to the seller and the GEHT Marketplace (support@gehtmarketplace.com). We provide an RMA report template along with an Order confirmation to the buyer. We ask the buyer to work directly with the seller and follow their return instructions, if needed. See table 2. for the steps to follow to return a product and obtain a refund.

Return process description:

1. It is buyer’s responsibility to verify a product within the return period (5 business days). Failure to inspect the product and give a written notice to the seller and GEHT Marketplace will constitute an irrevocable acceptance by a buyer of the product’s conformity.
2. In the case of alleged nonconformity, the buyer is obligated to send an RMA report to the seller and GEHT Marketplace (support@gehtmarketplace.com) within the return period. We provide an RMA report template along with an Order confirmation to all buyers. We put the funds associated with a particular sales transaction on hold until the return process has been completed between the buyer and the seller.
3. We ask the buyer to work directly with the seller and ask for the seller’s return instructions.
4. The seller is responsible for the return shipping charges and buyer must work with the seller to agree on the shipping details before returning the product.
5. The buyer must return the product in the same condition as it was received and not alter it in any way. It should include the original packaging, documentation and accessories.
6. The GEHT Marketplace will refund the original deposit value to the buyer within 10 business days of receiving the notice of a returned product from the seller. A refund will be credited back to the buyer’s original bank account with a deduction of the 60 € or 60 $ payment processing fee. Buyer’s original delivery charge will not be refunded unless otherwise agreed upon between the seller and the buyer.

Abuse of our Return policy
Abuse of our Return policy may be subject to various actions, including immediate suspension or termination of buyer’s account. We may also seek reimbursement from the buyer by any other lawful means, including by the use of collection services. Abuse of our Return policy includes (but is not limited to) for example:

• Inaccurate or fictitious reason for return
• Return for no reason
• A product has not been returned in the same condition as it was delivered to the buyer

8. Disclaimer of warranties and limitation of liability

GEHT International Ltd doesn’t manufacture, deliver, determine a product’s condition or store any of the products that users are selling using our Service but provides only a venue and safe payment transaction service between buyers and sellers. The products in our Service are sold directly by sellers and you expressly agree that your use of our Service is at your own risk. GEHT International Ltd doesn’t guarantee the condition, safety, shipping or legality of products listed, the accuracy of users' listings, fairness of pricing, product images or comments. Also, we don’t guarantee the ability of sellers to sell products or the ability of buyers to pay for products or that a buyer or a seller will ultimately complete a transaction.

To the full extent permitted by applicable law, GEHT International Ltd disclaims all warranties, express or implied, including but not limited to implied warranties of the products, product’s suitability for a particular purpose, performance and non-infringement. Any legal claim related to a product you buy must be brought directly against the seller of the product. You agree to release GEHT International Ltd from any claims related to products sold through our Services, including but not limited to, for defective products, product delivery, misrepresentations by sellers or products that caused physical injury (like product liability claims).

The Service including all its information, software, content and other services are provided to you on an “As is” and “As available” basis. We can’t guarantee continuous operation of or access to our Service all the time and at all locations. We do our best to keep our Service secure, safe and functioning properly but we don’t warrant that our Service, information or other content made available through our Service or electronic communication sent from our Service are free of virus or other harmful technologies or any defects or errors will be corrected. Chat functionality, bid update, account or listing updates and other functions at GEHT Marketplace may not occur in real time. Such functionality is subject to delays beyond GEHT Marketplace’s control. You expressly agree that your use of our Services is at your own risk.

GEHT International Ltd (including our affiliates, directors and employees) are not liable, and you agree not to hold us responsible for any damages or losses of money, profits, reputation or other intangible losses arising from the use of our Service or Service content otherwise made available to you.

Our Service may contain links to third-party websites or services that we don’t own or control (for example links to Facebook, Twitter or LinkedIn). You may also need to use a third party’s product or service in order to use some part of our Service (like a compatible mobile device). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. We are not a party to those agreements and they are solely between you and the third party. Regardless of the previous paragraphs, if we are found to be liable, our aggregates liability for any damages is limited to one hundred (100) Hong Kong dollars. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnity

You agree to defend and indemnify and hold us (including any of our employees) harmless from any legal claims or demand that arises from your actions, your use or misuse of our Services, made by any third party due to or arising out of your breach of this Agreement, your improper use of our Services or your breach of the Terms of Use or your account’s infringement of someone else’s rights.

10. Release

If you have a dispute with other GEHT Marketplace users, you release us (and our employees) claims, demands and damages arising out of disputes with other users or parties.

11. Legal disputes

Governing Law. The Terms of Use are governed, construed and enforced according to the laws of Hong Kong.

Dispute resolution. Any dispute, controversy, difference or claim arising out of or relating to the Terms of Use, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to the Terms of Use shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong.

The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

Notwithstanding the foregoing, the parties agree that the prevailing party in any arbitration will be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

12. Closing your GEHT Marketplace account

The owner of a GEHT Marketplace account can close the account by logging in to the account, navigating to Dashboard > Account and scrolling to the bottom of the page and clicking “Close your account” -link.

When the account is closed, all GEHT Marketplace businesses linked to that account will also be closed. Also, GEHT Marketplace Newsletters are not issued any more. When submitting a request to close the account, GEHT Marketplace sends an email to the account owner’s registered email address within 48 hours letting the owner to know that the account has been closed and all of its content have been deleted.

GEHT Marketplace account cannot be transferred to a new owner for security reasons. Once GEHT Marketplace account has been closed, it cannot be reopened. If you’d like to use GEHT Marketplace again, you’ll need to create a new GEHT Marketplace account.

An account cannot be closed and its linked data cannot be deleted if:

• You have outstanding payments to the seller, open bids, pending payments from buyers, purchased items that haven't been delivered or verified, or the buyer's five-day return period that hasn't ended
• Data related to an account needs to be retained to detect, prevent, mitigate, or investigate fraudulent or illegal activities
• To detect, prevent, mitigate or investigate fraudulent or unlawful activity, account-related data must be retained
• Data related to an account needs to be retained for a purpose required by applicable law
• A subpoena or other court or legal order compelling GEHT International Ltd to retain certain data is in place

After closing your GEHT Marketplace account, you won't be able to handle any refunds, make any payments, or address any client complaints. We advise keeping your account open until those have been handled if you have any reason to think that you may have additional refunds to issue or disputes to address.

13. Changes to the Terms

We may change these Terms of Use from time to time. These changes will be brought to your attention by publishing them on this website, so we suggest you check back from time to time.