Terms & Conditions
Last updated on 2026.04.14 by GearVita
Welcome to GearVita!
These Terms and Conditions (the "Terms") govern your access to and use of the website located at www.gearvita.com (the "Site") and any products purchased from the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
1. Acceptance of Terms
By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you are using the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes.
2. Eligibility
You must be at least 18 years old to use the Site or purchase products from the Site. By using the Site, you represent and warrant that you are at least 18 years of age. The Site is not intended for individuals under the age of 18, and we do not knowingly collect information from individuals under 18.
If you are accessing or using the Site on behalf of a business or other entity, you represent and warrant that you have the authority to legally bind that entity and that the entity is in good standing under the laws of its jurisdiction of formation.
3. Account Registration
To access certain features of the Site, you may be required to register for an account. You agree to:
- Provide accurate, current, and complete information during the registration process
- Maintain and promptly update your account information to keep it accurate, current, and complete
- Maintain the confidentiality of your account password and login credentials
- Accept full responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account or any other breach of security
- Ensure that you log out of your account at the end of each session
We reserve the right to refuse service, terminate accounts, cancel orders, or edit content at our sole discretion, for any reason or no reason, and without notice or liability.
You may not use another person's account without permission. You may not use the Site if you have previously been banned or suspended from the Site.
4. Product Information
A. Product Descriptions
We endeavor to describe the products on the Site as accurately as possible. However, we do not warrant that product descriptions, images, specifications, pricing, or other content available on the Site are accurate, complete, reliable, current, or error-free. All product descriptions, images, features, specifications, and pricing are subject to change at any time without notice.
If a product offered on the Site is not as described, your sole remedy is to return the product in unused condition in accordance with our Return Policy.
B. Product Specifications
3D printers and related products may contain technical specifications, setup instructions, assembly requirements, and performance metrics. These specifications are approximate and may vary based on usage conditions, environmental factors, firmware versions, filament brands, software settings, and user expertise. Actual performance may vary significantly, and we do not guarantee any specific results, print quality, or success rates.
You acknowledge that 3D printing involves variables that may affect outcomes, including but not limited to:
- Calibration and maintenance of the printer
- Quality and type of filament used
- Environmental conditions (temperature, humidity)
- Model design and complexity
- Slicing software settings
- User experience and skill level
C. Availability
All products are subject to availability. We reserve the right to limit the quantities of any products or services that we offer, to honor only those orders that we are able to fulfill based on available inventory. We may discontinue any products or services at any time without liability. Product specifications and prices are subject to change at any time without notice.
D. Pre-Orders
From time to time, we may offer products for pre-order. By placing a pre-order, you acknowledge that the product is not yet available for immediate shipment. Estimated release dates are approximate and subject to change. If a pre-order is delayed or canceled, we will notify you and provide you with the option to cancel your order for a full refund.
5. Pricing and Payment
A. Prices
All prices displayed on the Site are quoted in USD and, unless otherwise noted, do not include shipping fees, handling fees, taxes, or duties. We make reasonable efforts to ensure accurate pricing, but errors may occur. We reserve the right to correct any pricing errors and to refuse or cancel any orders placed at the incorrect price.
If we discover an error in the price of a product you ordered, we will notify you as soon as possible and give you the option of confirming your order at the corrected price or canceling it. If we are unable to contact you, the order will be treated as canceled, and if you have already been charged, we will issue a full refund.
B. Payment
We accept Visa, Mastercard, American Express, Discover, PayPal, Apple Pay, Google Pay, Shopify Payments, etc. You agree to provide current, complete, and accurate purchase and account information for all transactions. You represent and warrant that you have the legal right to use any payment method you provide and that the information you supply is true and correct.
Payment must be received before an order is processed and shipped. We may require additional verification or information before accepting any order.
C. Taxes
You are responsible for paying all applicable taxes and government charges related to your purchase, including but not limited to sales tax, use tax, value-added tax (VAT), goods and services tax (GST), customs duties, and import fees. If we are required to collect taxes, we will calculate and display them at checkout based on your shipping address and applicable laws.
Tax rates and calculations are subject to change based on legislative updates and may be adjusted after an order is placed if required by law.
D. Price Changes
We reserve the right to change product prices at any time without notice. Price changes will not affect orders that have been confirmed and accepted prior to the change.
E. Currency Conversion
If you are placing an order from outside the currency's primary country, your bank or payment provider may charge currency conversion fees. We are not responsible for any such fees or for fluctuations in exchange rates.
6. Orders
A. Order Acceptance
Your submission of an order through the Site constitutes an offer to purchase products from us. We send an order acknowledgment email to confirm receipt of your order. However, please note that this acknowledgment does not constitute acceptance of your order.
We accept your order and form a binding contract when:
- Your payment method is authorized and verified
- The product is confirmed to be in stock
- We send you an order confirmation email indicating that your order has been accepted
No contract exists between us for the sale of any products until we have sent you an order confirmation email.
We reserve the right to refuse or cancel any order for any reason or no reason, including but not limited to:
- Product availability issues
- Errors in product descriptions or pricing
- Payment authorization failures
- Suspected fraud or illegal activity
- Suspected reselling or commercial use without authorization
- Orders that exceed reasonable quantity limits
- Inability to verify shipping or billing information
B. Order Cancellation by Customer
You may cancel your order before it has been processed for shipment by contacting our customer service team as soon as possible. Once an order has been picked, packed, or shipped, it cannot be canceled and must be handled according to our Return Policy.
C. Order Modifications
We cannot guarantee that we can modify an order after it has been placed. Please contact our customer service team immediately if you need to make changes. We will attempt to accommodate your request, but we are not obligated to do so.
D. Bulk Orders and Commercial Use
For bulk orders (defined as multiple quantities of the same product or product family intended for resale or commercial use), we reserve the right to:
- Require additional verification of business credentials
- Adjust pricing based on volume
- Apply different terms and conditions
- Refuse the order at our sole discretion
Terms for bulk orders may be negotiated separately. Please contact our sales team for inquiries.
E. Force Majeure
We shall not be liable for any delay or failure in performance due to events outside our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, government actions, natural disasters, pandemics, supply chain disruptions, carrier delays, or technical failures.
7. Shipping and Delivery
A. Shipping Policy
All shipping and delivery are subject to our Shipping Policy, which is incorporated into these Terms by reference. You can view our Shipping & Delivery Policy.
B. Title and Risk of Loss
Title to products and risk of loss pass to you upon delivery of the products to the common carrier for shipment. This means that:
- We are not responsible for any loss, damage, or delay that occurs during shipping
- We will, however, assist you in filing claims with the carrier if issues arise
- Insurance, if purchased, will cover declared value subject to the carrier's terms and conditions
You acknowledge that shipping dates provided are estimates only and not guaranteed. We are not liable for any damages or costs resulting from shipping delays.
C. International Shipping
For international orders, you are responsible for:
- Customs and Duties: All applicable customs fees, import duties, taxes, tariffs, and brokerage charges imposed by your country's customs authority
- Compliance: Ensuring that products comply with all import laws, regulations, and restrictions of your destination country
- Delays: Any delays caused by customs inspections or clearance processes
Important restrictions:
Certain products may not be available for international shipping due to destination country restrictions, including but not limited to batteries, electronics with specific certifications, and items with export controls.
You are responsible for determining whether products can be legally imported into your country.
If a shipment is seized, delayed, or returned due to customs issues, you remain responsible for all associated costs.
D. Shipping Address
You are responsible for providing accurate and complete shipping information. Orders shipped to incorrectly provided addresses may be subject to additional charges for re-shipping. If a package is returned to us due to an incorrect address provided by you, we will refund the product cost minus shipping charges and restocking fees.
E. Failed Delivery Attempts
If a carrier is unable to deliver your package due to no secure location, no signature available, or failure to pick up from a holding facility, and the package is returned to us, you will be responsible for additional shipping charges to re-ship the order.
8. Returns and Refunds
A. Return Policy
All returns and refunds are subject to our Return Policy, which is incorporated into these Terms by reference. You can view our Return & Refund Policy.
B. Special Considerations - 3D Printers and Electronics
Due to the technical nature and hygiene considerations of 3D printers and related products, the following special conditions apply:
Non-returnable items typically include:
- Printers that have been assembled, used, or powered on (unless defective)
- Filament and consumables with open packaging
- Software that has been activated or downloaded
- Clearance, final sale, or "as-is" items
- Products missing serial numbers or with tampered labels
- Custom or personalized items
Return eligibility:
- Returns for change of mind may be subject to restocking fees of up to 20%
- Return shipping costs for non-defective returns are your responsibility
- Items must be returned in original packaging with all accessories and documentation
C. Return Shipping
Unless the return is due to our error or a verified product defect covered by warranty, return shipping costs are your responsibility. We recommend using a trackable shipping method and purchasing shipping insurance, as we cannot guarantee receipt of returned items.
For returns due to product defects, upon receipt and inspection of the returned product in accordance with our Warranty Policy, we may reimburse reasonable return shipping costs. Prior approval is required for any shipping cost reimbursement.
D. Restocking Fees
We may charge restocking fees of up to 20% for returns that are not due to our error or product defects. Restocking fees, if applicable, will be deducted from your refund amount.
E. Refund Processing
Refunds will be processed within 2-5 business days after we receive and inspect the returned item. Refunds will be issued to the original payment method. Depending on your financial institution, it may take additional time for the refund to appear in your account.
9. Warranty
A. Warranty Policy
The warranty terms for our products are set forth in our Warranty Policy, which is incorporated into these Terms by reference. You can view our Warranty Policy.
B. Warranty Limitations
Our warranties do not cover:
- Normal wear and tear: Including but not limited to cosmetic wear, minor scratches, and gradual performance changes over time
- Consumable parts: Such as nozzles, PTFE tubes, build surfaces, filament, adhesive sheets, and other parts designed to wear out over time
- Improper use: Damage caused by misuse, abuse, negligence, accident, or operation outside of specified environmental or technical parameters
- Improper maintenance: Failure to perform recommended maintenance, use of incorrect maintenance procedures, or use of non-recommended cleaning materials
- Modifications: Any modifications, alterations, repairs, or disassembly performed by anyone other than authorized service personnel without our written consent
- Third-party components: Damage caused by use of non-recommended filament, third-party accessories, or incompatible software
- User error: Damage caused by failure to follow instructions in the product documentation, including but not limited to improper setup, calibration, or operation
- Print failures: Failed prints, wasted filament, or time lost due to print failures, regardless of cause
- Software issues: Issues arising from third-party software, custom firmware, or modifications to software
- Consequential damages: We are not liable for any consequential damages arising from product defects, including but not limited to lost profits, lost time, or damage to other property
C. Warranty Claims
To make a warranty claim, you must:
- Contact our customer service team with your order number and a detailed description of the issue
- Provide photographic or video evidence of the defect when requested
- Obtain a return merchandise authorization (RMA) number before returning any product
- Follow all instructions provided for inspection and return
Products returned without an RMA number may be refused or subject to processing delays.
D. Remedy
Our sole obligation under warranty, and your exclusive remedy, shall be, at our option:
- Repair of the defective product
- Replacement of the defective product with a comparable product
- Refund of the purchase price
We reserve the right to determine the appropriate remedy based on product condition, availability, and other factors.
10. Intellectual Property
A. Ownership
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel) are owned by GearVita, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
B. Trademarks
The name "GearVita," the GearVita logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GearVita or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
C. Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:
- Copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site
- Use any data mining, robots, or similar data gathering or extraction methods
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
- Use any meta tags or any other "hidden text" utilizing our name or trademarks
- Commercialize any information obtained from the Site
D. Copyright Complaints (DMCA Notice)
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent:
Email: market01@gearvita.com
Your notice must comply with the Digital Millennium Copyright Act (DMCA) requirements, including identification of the copyrighted work, identification of the infringing material, your contact information, a statement of good faith belief, and a statement of accuracy under penalty of perjury.
11. User-Generated Content
A. Submissions
The Site may offer features that allow users to submit, post, publish, display, or transmit content, including but not limited to product reviews, comments, photos, videos, forum posts, messages, and other materials ("User Content").
By submitting User Content to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User Content in any media formats and through any media channels, for any purpose, including commercial purposes, without compensation to you.
B. Representations and Warranties
You represent and warrant that:
- You own or control all rights to the User Content you submit and have the authority to grant the license above
- Your User Content is accurate and not misleading
- Your User Content does not and will not violate these Terms or the rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights
- Your User Content does not contain any defamatory, libelous, obscene, harassing, threatening, hateful, or otherwise objectionable material
- Your User Content does not contain any viruses, malware, or other harmful code
C. Monitoring and Removal
We have the right, but not the obligation, to:
- Monitor User Content at any time
- Edit, refuse to post, or remove any User Content in our sole discretion, for any reason or no reason
- Take any action we deem necessary or appropriate if we believe User Content violates these Terms or any applicable law
We are not responsible for any User Content submitted by you or any third party. You are solely responsible for your User Content and the consequences of posting or publishing it.
D. Product Reviews
By submitting a product review, you acknowledge that:
- Reviews may be displayed on product pages and elsewhere on the Site
- We may verify purchases, but are not obligated to do so
- We may contact you about your review
- You will not receive compensation for reviews
- Reviews reflect the opinions of individual users and do not necessarily reflect our views
12. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- For any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation
- To solicit others to perform or participate in any unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- To submit false, misleading, or fraudulent information
- To upload or transmit viruses, Trojan horses, worms, logic bombs, or any other malicious code or technology
- To collect or track the personal information of others without their consent
- To send unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of solicitation
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or us or expose them to liability
- To interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet
- To use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission
We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
13. Third-Party Links and Websites
The Site may contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by us. This includes, but is not limited to, links to:
- Social media platforms (Facebook, Instagram, Twitter, YouTube, TikTok, etc.)
- Payment processors
- Shipping carriers
- Manufacturer websites
- Affiliate partners
- Review platforms
- Blog or news sites
We have no control over, and assume no responsibility for:
- The content, privacy policies, or practices of any third-party websites
- Any actions or omissions of third-party website operators
- The accuracy, completeness, or timeliness of any information on third-party websites
- Any products or services offered by third parties
Your access and use of any third-party websites is entirely at your own risk. We encourage you to review the terms and conditions and privacy policies of any third-party websites you visit.
If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
A. THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
B. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUALITY, ACCURACY, OR NON-INFRINGEMENT
- ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
- ANY WARRANTIES THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
- ANY WARRANTIES THAT DEFECTS WILL BE CORRECTED
- ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
D. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
E. YOU ACKNOWLEDGE THAT 3D PRINTING INVOLVES VARIABLES THAT MAY AFFECT OUTCOMES, INCLUDING BUT NOT LIMITED TO USER SKILL, MAINTENANCE, ENVIRONMENTAL CONDITIONS, AND THIRD-PARTY MATERIALS. WE DO NOT WARRANT SPECIFIC PRINT RESULTS, QUALITY, OR SUCCESS RATES.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
A. IN NO EVENT SHALL GEARVITA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or anticipated savings
- Loss of business, contracts, or goodwill
- Loss of data, use, or privacy
- Loss of production or business interruption
- Wasted filament, materials, or time
- Damage to reputation
- Any other pecuniary or non-pecuniary loss or damage
B. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
C. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE GREATER OF:
- The amount you paid us for the specific product giving rise to the claim
- $100.00 if no purchase is involved
D. THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
E. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR OUR WILLINGNESS TO PROVIDE YOU ACCESS TO THE SITE AND OUR PRODUCTS.
F. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnification
You agree to defend, indemnify, and hold harmless GearVita, its officers, directors, employees, agents, suppliers, licensors, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Site
- Your violation of these Terms
- Your User Content
- Your violation of any rights of another party
- Your violation of any applicable laws, regulations, or rules
- Any products or services purchased or obtained by you through the Site
- Any negligent or wrongful act or omission by you
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent.
17. Governing Law and Jurisdiction
A. Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws principles or your actual state or country of residence.
B. Jurisdiction
Any legal action, suit, or proceeding arising out of or relating to these Terms or the Site shall be instituted exclusively in the federal or state courts located in Jiangsu Province, China. You consent to the personal jurisdiction of these courts and waive any objection to venue in these courts.
C. Equitable Relief
You acknowledge that a breach of the intellectual property provisions of these Terms may cause irreparable harm for which monetary damages would be inadequate. Accordingly, we may seek injunctive or other equitable relief without the requirement of posting bond or proving actual damages.
18. Dispute Resolution
A. Informal Resolution
Before filing any claim, you agree to attempt to resolve any dispute informally by contacting us at market02@gearvita.com. We will attempt to resolve the dispute internally. If we cannot resolve the dispute within 30 days of receiving your notice, either party may proceed as set forth in this section.
B. Arbitration
At our sole discretion, we may require any dispute arising out of or relating to these Terms or the Site to be resolved through binding individual arbitration. If arbitration is required, it shall be conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Jiangsu Province, China. The decision of the arbitrator shall be final and binding and may be entered in any court having jurisdiction.
C. Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason, a claim proceeds in court rather than arbitration, you and we each waive any right to a jury trial and any right to participate in a class action.
D. Small Claims
Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim is within that court's jurisdiction and is brought on an individual basis.
19. Digital Millennium Copyright Act (DMCA) Compliance
A. Designated Agent
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, you may notify our Designated Copyright Agent:
Email: market01@gearvita.com
B. DMCA Notice Requirements
Your notice must comply with the Digital Millennium Copyright Act (DMCA) and include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and email address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
C. Counter-Notice
If you believe that material you submitted was removed or disabled by mistake or misidentification, you may file a counter-notice with our Designated Agent containing:
- Your physical or electronic signature
- Identification of the material that was removed or disabled and where it appeared before removal
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification
- Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal district court in any judicial district in which Gearvita may be found, and that you will accept service of process from the person who provided the original complaint or an agent of such person
D. Repeat Infringers
We reserve the right to terminate the accounts of repeat infringers in appropriate circumstances.
20. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
21. Electronic Communications
By using the Site, you consent to receive electronic communications from us, including but not limited to emails, text messages, notifications, and messages posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
For text messages/SMS:
- Message and data rates may apply
- You may opt out of marketing texts by replying "STOP."
- For help, reply "HELP" or contact us
- We are not responsible for any carrier charges
22. Termination
A. Termination by Us
We may terminate or suspend your account and access to the Site immediately, without prior notice or liability, for any reason, including but not limited to:
- Your breach of these Terms
- Your violation of any applicable laws or regulations
- Suspected fraud or illegal activity
- Requests by law enforcement or government agencies
- Extended periods of inactivity
- Technical or security issues
- Discontinuation of the Site
B. Termination by You
You may terminate your account at any time by contacting us or, if available, through account settings. However, any outstanding orders will still be processed according to these Terms.
C. Survival
Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, disclaimers, limitations of liability, indemnification, and governing law provisions.
23. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.
24. Waiver
No failure or delay by us in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
Our rights and remedies under these Terms are cumulative and not exclusive of any rights or remedies provided by law.
25. Entire Agreement
These Terms, together with our Privacy Policy, Return Policy, Shipping Policy, Warranty Policy, and any other policies expressly incorporated by reference, constitute the entire and exclusive agreement between you and GearVita regarding your use of the Site and purchase of products, and supersede and replace any prior agreements, understandings, or representations, whether oral or written.
26. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void. We may freely assign or transfer these Terms without restriction or notice.
27. Headings
The section headings in these Terms are for convenience only and shall not affect the interpretation or construction of any provision.
28. State-Specific Provisions
For California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
For New Jersey Residents
Certain limitations of liability and disclaimers of warranties may not apply to New Jersey residents. Please review applicable New Jersey law regarding such limitations.
29. International Users
The Site is controlled and operated from our offices in the United States. We make no representations that the Site or any products available through the Site are appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
If you access the Site from outside the United States, you acknowledge and agree that your information may be transferred to, stored, and processed in the United States, where our servers are located, and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country.
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
Thank you for choosing GearVita. We appreciate your business and are committed to providing you with quality 3D printing products and excellent service.
