TERMS OF USE

(Updated October 15, 2023)

Agreement scope and interpretation
This document, in conjunction with our Privacy Policy and all other policies displayed on our platforms, collectively form the comprehensive legal agreement ("Terms of Use") between you and GEHT International Ltd. When you engage with or make purchases on the www.gehtmarketplace.com ("GEHT Marketplace"), you are utilising the features and services managed and provided by GEHT International Ltd. In the context of these Terms of Use, the pronouns "our", "we", "us", etc., refer explicitly to GEHT Marketplace. Conversely, the terms "your", "you", "user", and similar references are directed towards the Marketplace’s patrons, encompassing both buyers and sellers. Furthermore, the term "Service" embodies not only the GEHT Marketplace website but also encompasses all the other services we offer. Your contractual partner in this agreement is GEHT International Ltd, situated at Bank of East Asia Harbour View Centre, 56 Gloucester Road, Wan Chai, China PR Hong Kong.

Kindly review this agreement carefully
Before engaging with our Service, we urge you to carefully review and understand the specified Terms of Use. Your utilisation of our Service, which encompasses merely browsing our websites, signifies your acceptance of these Terms of Use. If they do not align with your views, please abstain from using our Service. This agreement outlines your rights and responsibilities as a user. We anticipate all our Service users to adhere strictly to these provisions. Non-compliance may result in repercussions, including but not limited to restrictions on your transaction privileges and the potential suspension of your account.

1. Your Account

Usage requirements and account security
To utilise certain Service offered by our platform, you are required to establish an account with our Service. Please note that you must be at least 18 years of age to access our Service. The creation of a username that infringes upon intellectual property rights is a breach of the Terms of Use. You commit to providing precise and truthful details about yourself and the entity you represent. Your registration as a business entity and personal assurance of your authority to enter binding contracts on behalf of said entity are prerequisites to agreeing to our Terms of Use. Furthermore, you affirm your eligibility to access our Service under the legal stipulations of Hong Kong or any other applicable jurisdictions, inclusive of your country of residence or the location from where you access the Service. Each user is allowed to register only a single membership account with the Service. Transferring your GEHT Marketplace account and user ID to another individual without our explicit consent is prohibited. You hold the sole responsibility for safeguarding the confidentiality of your account credentials and are accountable for any activities conducted under your account or password. We retain the right to deactivate unverified accounts or those that have remained inactive for a substantial duration. Moreover, we have the discretion to endorse, decline, or discontinue any portion of our Service to any individual at any juncture, without any specified reason.

Misrepresentation and misuse policy
Utilising false information or impersonating another individual or organisation through your account is expressly prohibited. In the event of suspected misuse of our Service, we reserve the authority to deny service, terminate accounts, remove, or modify content, or cancel listings or orders. We also hold the right to initiate technical and/or legal measures to restrict you from accessing our Service.

2. Content

Content responsibility and authenticity assurance
You hereby assert and guarantee that you either own or hold sufficient rights to the content you disseminate through our Service, encompassing usernames, listing images, descriptions, news, and other shared information. It is your duty to ensure that the content you post do not infringe upon or violate any third party's rights, including intellectual property rights.

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.

You are prohibited from utilising a false email address or impersonating any individual or entity. Additionally, you must refrain from listing products or sharing content in unsuitable categories or sections on our websites. Your agreement extends to not uploading any content that may be false, misleading, or manipulative, or that employs the Service in a deceptive or fraudulent manner.

To maintain a clean and professional user interface, we will remove meta tags, URL links, email addresses, or phone/fax numbers included within a listing. To enhance the user experience, we strictly prohibit identical or duplicate listings. In instances where duplicate listings for the same product are identified, we reserve the right to eliminate all listings created by the user responsible for the redundant posts.

3. Use of Our Service

GEHT Marketplace serves as a premier business-to-business online platform, streamlining the sale and purchase of a wide range of new and used products across various sectors, including but not limited to industrial, medical, life science, scientific lasers, and automation & robotics. These offerings, accessible globally, also cover accessories related to the mentioned equipment. It is essential to note that the sales agreement is exclusively established between the seller and the buyer, with GEHT Marketplace acting as a facilitator.

GEHT International Ltd extends to you a restricted, non-exclusive, non-transferable, non-sublicensable, and revocable license to utilise our Service. This license categorically excludes any form of commercial exploitation or resale of our Service or its contents. Users are strictly prohibited from engaging in activities such as copying, reproducing, distributing, selling, performing, reverse engineering, preparing derivative works, or any other form of commercial exploitation of the content derived from GEHT Marketplace including but not limited to product listings, descriptions, images, and prices. Furthermore, utilising account information or data for the advantage of a third party without the prior written consent from GEHT International Ltd is deemed a violation of our Terms of Use.

You are permitted to use our Service strictly in accordance with applicable laws and regulations. You commit to ensuring that the content you provide does not engage in any illegal, defamatory, threatening, or abusive activities, nor is it offensive or in violation of any third party's patent, trademark, trade name, trade secrets, copyrights, or other proprietary rights. You hereby represent and guarantee that you possess the legitimate right and authority to sell, offer for sale, and export products (including those under export control), without infringing upon any third-party rights.

Furthermore, you declare that neither you nor your affiliates are subjected to any trade restrictions, sanctions, or other legal constraints enforced by any country, international organisation, or jurisdiction. It falls under your responsibility to secure any necessary permits or licenses, and to adhere to all laws and regulations relevant to the domestic or international sale, purchase, and shipping of products. You faithfully agree not to violate any laws while utilising the Service, and to refrain from participating in fraudulent activities, theft, or other criminal acts against GEHT International Ltd, other users of the Service, or any third party. Please note that any failure to comply with these Terms of Use will result in the termination of the license granted by GEHT International Ltd.

4. GEHT Marketplace Safe Payment Process

This policy constitutes an integral section of our Terms of Use. By utilising our Safe Payment Process, you consent to adhere to both this policy and our Terms of Use.

Currencies
Two currency options are available for sales transactions: USD and EUR. Purchases should be made through the currency in which the product is listed on the Service.

Listing description and the minimum listing price requirement
When you intend to sell a product through our Service, it is mandatory to establish a listing. Each listing can encompass one or several products (including optional accessories or configurations) that you aim to sell. Every listing is assigned a unique reference number, which is referenced during sales transactions, and is tagged with a specific price. You have the freedom to generate multiple listings on the Service as per your preference. We strongly suggest reviewing and updating your listings on the GEHT Marketplace at least quarterly or more frequently if necessary to ensure their continued relevance.

Registration
To execute a sales transaction on the GEHT Marketplace, both the seller and the buyer are required to be registered with our Service. It is essential for users to supply precise and truthful information during the registration process, and they grant us the authorisation to confirm their identity through access to available public records. Users bear the exclusive responsibility to update their registration information promptly and accurately should any changes occur.

At GEHT International Ltd, we exert considerable effort to validate the correctness of the information supplied, fostering the Service's integrity, and minimising the potential risks of money laundering, fraud, and breaches of trade sanctions or export control regulations. We retain the right to deny access to our Service to any individual at any time and for any reason, and also retain the right to decline transactions perceived to be fraudulent, high-risk, or in contravention of our Terms of Use.

Delivery terms, method and package
The delivery terms is determined by the seller, typically following the F.C.A. Origin guidelines. You have the option to utilise your own carrier account or, if applicable, the supplier's carrier account for shipments. Please note that all delivery-related expenses are to be borne by the buyer. The approximate delivery costs can be deduced using the product's dimensions and weight specifications mentioned in the seller's product listing description. Furthermore, the seller is responsible for covering the costs associated with packaging for the delivery.

Payment method
GEHT International Ltd facilitates secure payment methods including wire transfers (occasionally referred to as bank-to-bank or T/T transfers) and credit card transactions. It is important to note that, regardless of the scenario, GEHT International Ltd does not act as a representative for either the seller or the buyer in any specific transaction. When utilising our Service, you acknowledge that users retain full responsibility for overseeing all aspects including payments, product returns, handling procedures, transportation, storage, warranties, insurances, as well as any associated fees, taxes, and permits.

GEHT Marketplace Safe Payment Process description
All transactions, including payments and deliveries, are facilitated through our dedicated Safe Payment Process. Each purchase is assigned a unique reference number, and every individual purchase (= content of the shopping cart which may consist of one or multiple products from the same seller) must be processed through the Safe Payment Process. This procedure is structured to safeguard the interests of both parties: it ensures that the seller receives the complete payment while guaranteeing that the buyer receives a product that corresponds accurately with the description provided in the listing. Both the buyer and the seller acknowledge that engaging in a sales transaction via our Service necessitates compliance with the stipulations of the Safe Payment Process. In instances where either party fails to meet the conditions outlined in the Safe Payment Process, GEHT International Ltd reserves the right to suspend the ongoing sales transaction.

Here's how the Safe Payment Process is carried out

1. The Safe Payment Process commences when a buyer places an online order through the Service. Upon doing so, the buyer enters a legally binding agreement, thereby committing to fulfill the payment for the selected product.
2. The buyer is required to transfer the payment amount in advance to GEHT International Ltd bank account, serving as a security measure to facilitate potential refunds (please refer to our “Return Policy” later in this document). The buyer consents to complete the payment in full via wire transfer to GEHT International Ltd bank account within 10 days of receiving the invoice. Alternatively, if choosing the credit card payment option, the buyer agrees to promptly settle the invoice using their credit card.
3. Once GEHT International Ltd verifies the payment, the seller is granted authorisation to proceed with the delivery of the product to the buyer. The Service sends ”a Shipment Authorisation” notification to the seller's registered email address. This serves as an official go-ahead to either begin shipping the product from stock or to start manufacturing the product if there's a specified lead time for production. The seller commits to dispatching the product within the specified handling time, which commences from the moment they receive “the Shipment Authorisation” notification from the GEHT Marketplace. This handling time represents the predetermined number of days the seller has to prepare and dispatch the product after receiving the shipment authorization document. Furthermore, the seller is required to record the shipping date and the associated tracking number into the Service system at the time of dispatch.
4. Once the product is delivered, the buyer has a window of 5 business days, referred to as the "Return Period," to confirm that the product aligns with the description provided in the listing.
5. GEHT International Ltd will transfer the purchase amount to the seller's bank account once the return period concludes. The designated payment date is the 15th of the month succeeding the day on which the return period ended.

In instances where a buyer does not fulfill the payment obligation or delays the payment, we reserve the sole discretion to either cancel or freeze “the Safe Payment Process”, and/or suspend or terminate the user's account. Additionally, we retain the right to pursue reimbursement from the buyer under any of the following circumstances: failure to make payment, delayed payment, or non-compliance with the stipulations of our Safe Payment Process or the overarching Terms of Use. We may pursue reimbursement through any lawful avenues, inclusive of utilising collection services.

5. Fee Policy

This policy outlines the fees and payment obligations associated with using our Service and forms an integral part of our Terms of Use. By utilising our Service, you consent to both this policy and our Terms of Use.

Registration and listing fees
Registering and listing on our Service is free of charge, regardless of the number of listings.

Service fee
When a seller makes a sale through our Service, they incur a Service fee. This fee is calculated based on the listing price, excluding Value-Added Tax and any applicable banking fees. If the sales tax is incorporated into the listing price, the Service fee will be calculated using either the listing price or the final sale price. This Service fee will be reflected on your GEHT International Ltd invoice and will be deducted from the initial deposit made by the buyer. The specific fee varies based on the transaction's total value or product condition (new, used) as detailed in Table 1 below.

Banking fee
We impose a payment processing fee for each transaction processed through our bank account. Every transaction carries a flat fee of either 30 € or $ 30. When a buyer pays the deposit, the banking fee will be displayed on their GEHT International Ltd invoice. Similarly, a seller will see this banking fee on their GEHT International Ltd invoice. It is deducted from the buyer's initial deposit alongside the Service fee. It's important to note that you might also be responsible for any payment processing fees charged by your own bank.

Fee avoidance
All orders made via the GEHT Marketplace must be finalised within the platform. Conducting transactions outside of the GEHT Marketplace is expressly prohibited. You commit to ensuring that all GEHT Marketplace sales transactions remain within the platform. Any user attempting to transfer a transaction outside the GEHT Marketplace will be seen as evading fees and risks immediate account termination. In instances of fee evasion, we reserve the right to pursue reimbursement from the offending user through lawful channels, including employing collection services.

6. Return Policy

Under “the GEHT Marketplace Safe Payment Process”, a buyer may be entitled to request a return and refund if the received product deviates from its listed description, arrives damaged, or is missing parts. It's essential to note that, unless stated otherwise, all products on the GEHT Marketplace are sold "As is," implying no warranty. The term "As is" doesn't negate explicit warranties, such as those stemming from the seller's product description. If the product description is inaccurate, it may grant the buyer the right to return the item.

Upon receiving a product, the buyer is obligated to ensure it aligns with the listing description within a 5-business-day return window. If the buyer fails to inspect the product and communicate any discrepancies to both the seller and GEHT Marketplace within these 5 business days, It will be regarded as an irrevocable acknowledgment that the product has been received.

Should there be a claim of product nonconformity, the buyer must promptly submit a written notification (known as the GEHT Marketplace RMA report) within the specified return period to both the seller and the GEHT Marketplace at support@gehtmarketplace.com. We furnish buyers with an RMA report template, which is provided alongside the order confirmation and invoice documents. We encourage buyers to liaise directly with sellers and adhere to their return guidelines, if applicable. For a detailed procedure on product returns and securing refunds, please refer to Table 2.

1. Product verification. Within the return period of 5 business days, it's the buyer's duty to inspect the product. If the buyer does not inspect and subsequently provide written notification of any issues to both the seller and GEHT Marketplace within this period, it will be deemed an unequivocal acknowledgment of the product's compliance.
2. Contact a) the seller and notify b) GEHT Marketplace. Should there be any discrepancies with the product, the buyer must promptly dispatch an RMA report to both the seller and GEHT Marketplace at support@gehtmarketplace.com within the designated return window. We supply an RMA report template to buyers, which is included with the Order confirmation and Invoice notification (wire transfer payment) or Payment & Order Confirmation notification (credit card payment). Until the return process is mutually settled by the buyer and seller, the associated funds for the transaction will be withheld.
3. Agree on the return. We advise buyer to communicate directly with seller, seeking their specific return guidelines.
4. Delivery method. The responsibility for covering return shipping costs falls on the seller. However, it's imperative for the buyer to coordinate with the seller to agree on the logistics before initiating the product return.
5. Delivery. The product should be sent back unaltered, in the state it was originally received. This includes all original packaging, documentation, and accessories.
6. Refund. Upon notification from the seller that the returned product has been received, GEHT Marketplace will process the refund. The original deposit amount will be credited to the buyer's bank account within 10 business days, after deducting a 30 € or $ 30 payment processing fee. The initial delivery charge borne by the buyer will not be refunded unless a separate agreement has been made between the buyer and seller.

Misuse of our return policy
Misuse of our return policy may result in consequences ranging from immediate suspension to termination of the buyer's account. In cases of abuse, we reserve the right to pursue reimbursement from the buyer through lawful channels, including enlisting collection services. Instances of policy misuse include, but are not limited to:

1. Frequent returns: Continuously ordering and returning products, suggesting a pattern of exploitative behaviour.
2. Damaging products intentionally: Deliberately damaging or altering items before returning them.
3. Removing/replacing original parts: Ordering a product, taking out certain components, replacing them with inferior parts, and then sending the item back.
4. Returning different items: Sending back a different product than the one that was originally purchased.
5. False claims of non-delivery: Claiming a product was never received when tracking or other evidence suggests otherwise.
6. Repurchasing at discounted prices: Returning an item bought at full price only to repurchase it during a sale or at a discounted rate.
7. Return of stolen goods: Ordering items with stolen credit cards and then trying to return them for cash or other forms of refund.

7. Disclaimer of Warranties and Limitation of Liability for GEHT International Ltd

GEHT International Ltd provides a platform facilitating transactions and ensuring safe payment procedures between buyers and sellers. We do not engage in the manufacturing, delivery, appraisal of condition, or storage of products listed on our Service. The products available on our platform are listed directly by sellers. By using our Service, you acknowledge and accept all associated risks. We cannot guarantee the condition, safety, legality, or shipment of listed products, nor do we assure the accuracy of listings, pricing fairness, or the authenticity of product images. Additionally, we cannot guarantee the capability of sellers to sell items or buyers to make payments, or that both parties will conclusively finalise a transaction.

To the maximum extent permitted by law, GEHT International Ltd disclaims all warranties, whether explicit or inferred, including the products' implied warranties, their fitness for a specific purpose, performance, and non-infringement. Any legal disputes concerning a purchased product must be directed at the respective seller. You consent to exempt GEHT International Ltd from any claims tied to products bought through our platform. This includes claims related to faulty items, delivery issues, seller misrepresentations, or products leading to physical harm.

Our Service and its encompassing information, software, and other features are made available to you "as is" and "as available". While we strive to maintain our platform's security and smooth operation, we cannot always assure uninterrupted access or in all regions. We make no guarantees that our Service, its information, or content, or any communications from us are devoid of malicious elements. Potential delays in account updates, listing revisions, GEHT Marketplace News, and other functionalities may occur due to reasons beyond our control.

GEHT International Ltd, encompassing our affiliates, directors, and employees, assumes no liability. You concur not to hold us accountable for any financial losses, lost profits, damage to reputation, or other non-tangible damages stemming from your use of our Service or any content provided therein.

Our Service may include links to external websites or services, such as Stripe, Twitter, or LinkedIn, which are not under our ownership or control. If you opt to use certain features of our Service, you may need to engage with a third-party product or service. Engaging with these external entities is done at your own discretion and risk. These third parties may have their own Terms of Use and Privacy Policies that you must adhere to. We are not involved in, nor are we responsible for, any agreements between you and these third parties. However, if for any reason we are determined to be liable, our total liability is capped at one hundred (100) Hong Kong dollars. It's important to note that some regions might not recognise limitations on specific damages, so the above restrictions might not be applicable to everyone.

8. Indemnity

You agree to defend, indemnify, and protect us (including our employees) from any legal claims or demands stemming from your actions, your use or misuse of our Service, or any third-party claims resulting from your violation of this Agreement, improper use of our Service, breach of the Terms of Use, or any rights infringement associated with your account.

9. Release

If you enter a dispute with other GEHT Marketplace users, you release us (and our employees) from any claims, demands, and damages that may arise from such conflicts with other users or entities.

10. Legal Disputes

Governing Law. The Terms of Use are interpreted and enforced in accordance with Hong Kong laws.

Dispute resolution. Should any dispute, controversy, or claim arise from or be related to the Terms of Use - including its existence, validity, interpretation, performance, breach, or termination, or any non-contractual obligations resulting from the Terms of Use - it will be definitively settled by arbitration managed by the Hong Kong International Arbitration Centre (HKIAC). This will be in line with the HKIAC Administered Arbitration Rules active at the time the Notice of Arbitration is issued.

The governing law for this arbitration clause is Hong Kong law. The location for the arbitration will be Hong Kong. The arbitration panel will consist of a single arbitrator, and the proceedings will be carried out in English.

However, both parties acknowledge that the winning party in any arbitration retains the right to seek injunctive relief from any competent court to ensure the enforcement of the arbitration award.

11. How to Close Your GEHT Marketplace Account

To close a GEHT Marketplace account:

1. Log in to the account.
2. Navigate to: Dashboard > Account.
3. Scroll to the bottom and click on the "Close your account" link.

Upon submitting a request to close your account, an email will be sent to your registered email address within 48 hours, confirming the closure and deletion of all associated content. For a detailed explanation on data storage and deletion, please consult our Privacy Policy.

Closing an account has the following implications:

• All GEHT Marketplace businesses associated with the account will be terminated.
• Subscription to GEHT Marketplace Newsletters will be discontinued.

For security purposes, GEHT Marketplace accounts cannot be transferred to another owner. Moreover, once closed, accounts cannot be reactivated. To engage with GEHT Marketplace post-closure, a new account needs to be created.

Please note that an account cannot be closed, and the linked data remains undeletable if:

1. If you possess unsettled payments to sellers, payments awaited from buyers, or if purchased items haven't been delivered, verified, or are within the buyer's five-day return window or under product(s) is under Return process.
2. Any ongoing disputes that haven't been resolved might prevent account deletion.
3. Account-related data must be preserved to detect, address, or mitigate potential fraud or illegal actions.
4. Retention of account-related data is mandated by prevailing laws.
5. If there are tax-related issues or documents that haven't been settled or provided, especially if the account belongs to a seller.
6. If there's an ongoing investigation related to the account due to reported irregularities, fraud, or other potential policy violations.
7. If there's a regulatory requirement to retain the account, especially in sectors with strict compliance guidelines

After terminating your GEHT Marketplace account, you'll lose the capability to process refunds, make payments, or address client complaints. If you anticipate the need to issue further refunds or manage disputes, it's recommended to retain your account active until these matters are settled.

12. Changes to the Terms of Use

We reserve the right to modify our Terms of Use at our discretion. The most recent version of the Terms of Use can be found on our website, with the effective date noted at the beginning. We recommend that you review our Terms of Use regularly to stay informed of any changes.