Last Updated July 16 2015
Members may choose to purchase items or collections posted on our Site from other members.
GEMR MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF ANY INFORMATION OR PRODUCTS, INCLUDING WITHOUT LIMITATION ANY RELATED CROWDSCORE VALUE OR OTHER DESCRIPTIONS. THE DISPLAY OF MEMBER ITEMS ON THE SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH ITEMS BY GEMR OR THE ACCURACY OF THE PROPRIETARY CHARACTER THEREOF. ANY TRANSACTIONS BETWEEN MEMBERS, WHETHER RESULTING FROM THE USE OF OUR SITE OF OTHERWISE, ARE ENTERED INTO AT YOUR OWN RISK AND PURSUANT TO OUR TERMS OF SERVICE IN NO CASE WILL GEMR BE LIABLE FOR ANY LOSSES AND/OR CLAIMS ARISING THEREFROM.
Capitalized terms not defined in this Buying and Selling Policy have the meanings given in our Terms of Service.
Translation: Gemr’s not responsible for Member listings and transactions. You agree that Gemr is not at fault for any disputes between Members and to let Gemr decide how to resolve any disputes.
By using the Site, you agree to be bound by this Buying and Selling Policy and all other Gemr Policies governing use of the Site. By using the Site you represent that you have read and understand these Buying and Selling Policy and other applicable polices and agree to be bound by the terms therein.
Translation: By using the Site, you agree to adhere to all of our Policies.
The paragraph headings and Translations contained in this Buying and Selling Policy are for convenience of reference only and will not affect the meaning or interpretation hereof.
Translation: The translations and headings have no effect on the meaning of the Gemr Policies.
Gemr is not obligated to monitor any third party or Member content on the Site for Prohibited Items. However, Gemr reserves the right to remove listings of any Prohibited Item(s) and/or item(s) that we determine is not within the spirit of Gemr, in our sole and absolute discretion. Such listings will be removed from the site, and the applicable Member’s selling or account privileges may be suspended and/or terminated. If Gemr removes an item listing for violating Gemr policy, the seller is still obligated to pay the listing fee for that item. Gemr is not responsible for assuring that items that you post on the Site adhere to any applicable laws and/or regulations. It is your responsibility to ensure that your use of the Gemr site conforms with any such laws and/or regulations at all times. Prohibited Items include, without limitation:
- Anything in violation of applicable law
- Alcohol listed for sale
- Tobacco and other smokeable products
- Drugs, medical drug claims about an item, drug paraphernalia
- Live animals
- Items from certain animals, including, but not limited to, those animals deemed endangered or threatened under the US Endangered Species Act.
- Ivory or bones from ivory-producing animals such as whales or elephants (except for qualifying authentic articles of Native Alaskan craft as specified under section 10e of the US Endangered Species Act).
- Human remains or body parts (excluding hair and teeth)
- Weapons, including firearms and certain imitation firearms
- Hazardous materials (for example: flammable, explosive, corrosive, or poisonous materials)
- Recalled Items (http://www.recalls.gov/)
- Real Estate
- Illegal, counterfeit, unauthorized replicas or stolen items
- Items or listings that promote, support or glorify hatred toward or otherwise demean people based upon race, ethnicity, religion, gender, gender identity, disability, or sexual orientation; including without limitation terms or content that promote organizations with such views.
- Items or listings that promote or support illegal activity or instruct others to engage in illegal activity
- Items or listings that promote, support or glorify acts of violence or harm towards self or others
- Counterfeit currency and stamps
- Embargoed goods
- Future Event Tickets
- Government Documents, IDs and Licenses (Unless meet federal regulations)
- Coin operated slot machines
- Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information.
Translation: Just don’t post this stuff; you’re responsible if you break the law.
SELLING ON GEMR
As a seller on the Site, you are solely responsible for: (i) reviewing, understanding and adhering to Gemr’s Buying and Selling Policy and all applicable laws and regulations; and (ii) payment of any taxes associated with the sale of item(s) on the Site. Gemr Members have their own shipping and fulfillment methods. Shops on Gemr must meet Gemr standards of customer service and honor their transaction policies. In the unlikely event that a transaction does not go as planned, the buyer and seller should work together to reach a resolution. If you can’t reach a resolution, you can contact our Gemr Support team. If you sell an item to another Member, the listing will be automatically transferred to the other Member’s Gemr collection. After you’ve sold an item, you can leave a review detailing your experience with the buyer.
Translation: Please read the Gemr Policies carefully. It’s on you if you break the law. Your sold items are automatically removed from your Gemr collection and added to the buyer’s.
LISTINGS AND FEES
Listings are text descriptions, pictures and/or graphic images of a Member’s items and collections for sale on the Gemr Site. There is no listing fee for placing an item for sale on the Site. However, upon the successful sale of an item, Gemr does charge the seller a fee of 5% of the total transaction (including shipping) +$.30.
For example, if you sell an item on Gemr for $100.00 including shipping. Upon the successful completion of that transaction, Gemr would receive $5.30 for that transaction.
THIRD PARTY PROCESSING FEES MAY APPLY. Please note that Gemr is not responsible for posting current third party processor fee schedules, please refer to the PayPal or Stripe websites to determine their current transaction fees. You are responsible for determining the total listing fees associated with transactions on the Site.
Translation: We don’t nickel and dime you like some other sites;) Also, we are not responsible third party transaction fees; it’s on you to know what they charge.
FOREIGN TRANSACTIONS: Third party processors have varying fee structures for transactions that involve Members that live outside of the United States. Please consult the applicable third party’s policy for it’s foreign transaction fee structures. You are responsible for determining the total listing fees associated with transactions on the Site involving an individual, entity or organization outside of the United States.
Translation: We do not post and are not responsible for processing fees for foreign transactions.
RETURN POLICIES: Gemr is not responsible for the refund policies of any third-party payment services including without limitation PayPal and Stripe.
Translation: We do not post and are not responsible for third party processor return policies.
GEMR CUSTOMER SERVICE STANDARD
By meeting Gemr’s standard of customer service, you are able to provide the best experience for buyers. Failure to meet these standards may result in your listings being removed from the site and your selling or Gemr account privileges may be suspended and/or terminated. If Gemr removes an item listing for violating Gemr policy, the seller is still obligated to pay the listing fee for that item. Our customer service standard requires that you:
- Honor your shipping and processing times.
- Respond to messages in a timely manner.
- Explain your shop’s policies clearly and honor those commitments.
- Try to work out disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, contact the Gemr Support team.
- If you are unable to complete an order, you must notify the buyer immediately and cancel the order.
Translation: Mean what you say and say what you mean.
MAINTAINING TRANSPARENCY AS A SELLER
Maintaining transparency is an important aspect of being a Gemr seller. It’s essential that you represent yourself, your business, and your items accurately. Failure to meet these standards may result in your listings being removed from the site and your selling or Gemr account privileges may be suspended and/or terminated. If Gemr removes an item listing for violating Gemr policy, the seller is still obligated to pay the listing fee for that item. Being a Gemr seller requires that you:
- Be sure to fill out your shop’s About Page fully and accurately.
- Respect the intellectual property of others. If you feel someone has violated your copyright, you can report it to Gemr.
- Items must be represented accurately in listings and listing photos.
- Buyers can submit reviews of items that they have purchased.
- Do not engage in fee avoidance.
Translation: C’mon… snake oil salesmen are so 1893.
BUYING ON GEMR
When you buy from a seller on Gemr, you’re directly supporting an independent person or business. Because each seller has unique policies regarding processing times and shipping methods, your experience will be different with each transaction. As a buyer on the Site you are solely responsible for: (i) reviewing, understanding and adhering to Gemr’s Buying and Selling Policy and all applicable laws and regulations; and (ii) payment of any taxes associated with the purchase of item(s) on the Site. If you have a question about an item you order, you should contact the seller directly via the Gemr site. In the unlikely event that a transaction does not go as planned, the buyer and seller should work together to reach a resolution. If you can’t reach a resolution, you can contact our Gemr Support team.
After you’ve purchased an item, you can leave a review detailing your experience with the seller.
If you buy an item from another Member, the listing will be automatically transferred to your Gemr collection and will be visible to other Members and the Internet.
Translation: You’re buying from and selling to other Members. Be fair, obey the law and just do the right thing. Your purchases automatically become part of your Gemr collection.
Gemr Member sellers may arrange to receive payment directly from buyers or accept payments via PayPal or by using Stripe. Please visit the PayPal or Stripe website for more information.
If you choose to receive payment directly from a buyer we recommend that you only accept Money orders or Cashier’s/Bank checks
Translation: ‘nuff said.
RETURN POLICIES AND PROCEDURES
As a seller on Gemr you are responsible for posting your own return policy and procedure. Except as provided for in the Member dispute resolution provisions contained our Terms of Service, Gemr will in no way be responsible for facilitating any purchased item return(s). A Member’s return policy should at a minimum include:
- Whether or not you accept returns and for what reason(s);
- Whether or not you will pay for return shipping;
- Whether or not you will deduct any fees for a return;
- A return window (e.g. the item may be returned within 30 days); and
- When any applicable refund will be issued.
Translation: You’re responsible for your own return policy, be direct and transparent about it.
If you have any questions about this Buying & Selling Policy, please contact Gemr, Inc. here or at:
230 Commerce Way, Suite 325
Portsmouth, NH 03801 – USA