Secondgear Platform Terms and Conditions of Use
2.0Last updated: 25 September 2026
1. Platform operator details
The Secondgear platform, accessible at https://www.secondgear.it and its subdomains and applications (the "Platform"), is operated by:
Owner: Agostino Moio
Legal form: Sole proprietorship
VAT number: 06938630487
SDI recipient code: M5UXCR1
Contact email: [email protected]
Tax regime: Flat-rate regime (regime forfettario) under Article 1, paragraphs 54-89, of Italian Law No. 190 of 23 December 2014
Hereinafter, interchangeably, "Secondgear", the "Operator" or "we".
The single point of contact for Users under Article 12 of Regulation (EU) 2022/2065 (Digital Services Act, the "DSA"), for authorities under Article 11 DSA and for market surveillance authorities under Article 22 of Regulation (EU) 2023/988 (General Product Safety Regulation, the "GPSR") is: [email protected]. Communications may be sent in Italian or English.
2. Definitions
In these Terms the following expressions have the meaning set out below. Terms defined in the singular include the plural and vice versa.
Account: the personal area created by the User upon registration, accessible by means of credentials.
Buyer: the User who purchases, or expresses the intention to purchase, an Item through the Platform.
Annexes: the documents referred to in Section 4.3, which form an integral and substantive part of these Terms.
Listing: the posting by which a Seller offers an Item for sale on the Platform.
Item: the movable good offered for sale through a Listing.
Bundle: an Item consisting of several goods offered for sale together as a single, indivisible lot.
Consumer: a natural person acting for purposes outside any business, commercial, craft or professional activity they may carry on, within the meaning of Article 3(1)(a) of the Consumer Code.
Sale Contract: the contract concluded directly and exclusively between Seller and Buyer under Section 8. Secondgear is not a party to it.
Shipping Band: the size class of the parcel (small, medium, large, maxi) declared by the Seller when publishing the Listing, which, together with the destination zone, determines the applicable shipping rate.
Gear Depot: a Seller's public storefront on the Platform, accessible at /gear-depots/{slug}. The name is the same in the Italian and English versions of the Platform.
Platform: as defined in Section 1.
Replica: a compressed-air or compressed-gas weapon of limited offensive capacity, with a kinetic energy not exceeding 7.5 joules, reproducing the appearance of a firearm and commonly intended for the sport of Airsoft, as governed by Article 2(3) of Italian Law No. 110 of 18 April 1975 as amended, including by Legislative Decree No. 204 of 26 October 2010.
Service: all the intermediation, display, communication, order management and ancillary functions made available by Secondgear through the Platform.
Sponsorship Services: the paid services referred to in Section 22 and Annex E.
User: any natural or legal person who accesses the Platform, whether registered or not.
Seller: the registered User who publishes Listings and offers Items for sale through the Platform.
Private Seller: a Seller acting as a natural person for purposes outside any business, commercial, craft or professional activity.
Professional Seller: a Seller acting in the course of their business, commercial, craft or professional activity, including through an intermediary, within the meaning of Article 3(1)(c) of the Consumer Code.
Where these Terms refer to the "Consumer Code", this means Italian Legislative Decree No. 206 of 6 September 2005 as amended.
3. Subject of the Service and role of Secondgear
3.1 — Nature of the Service.
Secondgear operates an online marketplace that allows Sellers to offer Buyers equipment for the practice of Airsoft and related items, mostly second-hand. The Service includes the display of Listings, search and filter tools, internal messaging, cart and order management, the initiation of payments through the payment service provider indicated in Section 10, and the organisation of shipping through the contracted carrier.
3.2 — Secondgear is not a party to the Sale Contract.
Secondgear acts solely as a provider of intermediation services and, with regard to content uploaded by Users, as a hosting service provider within the meaning of Article 6 DSA. Secondgear:
a) does not own the Items offered for sale, does not possess or hold them, and does not inspect, check or ship them;
b) is not the seller, nor the mandatary, representative or agent of the Seller or the Buyer;
c) is not a party to the Sale Contract, which is concluded exclusively between Seller and Buyer;
d) assumes no obligation as to the existence, lawful origin, conformity, quality, safety, legality or merchantability of the Items, nor as to the truthfulness or completeness of the descriptions provided by Sellers;
e) does not guarantee that a Buyer will complete a purchase or that a Seller will complete a sale.
3.3 — No general monitoring obligation.
In accordance with Article 8 DSA, Secondgear is under no general obligation to monitor the information it transmits or stores, nor to actively seek facts or circumstances indicating illegal activity. Secondgear nevertheless carries out, voluntarily and on its own initiative, the moderation activities described in Section 20; under Article 7 DSA, carrying out such activities does not cause the loss of the liability exemptions under Articles 4-6 DSA.
3.4 — Secondgear does not provide payment services.
Secondgear does not hold Users' funds, does not manage payment accounts and does not provide payment services within the meaning of Italian Legislative Decree No. 11 of 27 January 2010 and Directive (EU) 2015/2366. All funds are received, held and transferred by the payment service provider indicated in Section 10.1, under its sole responsibility and by virtue of a separate contractual relationship with the User.
3.5 — Services provided directly by Secondgear.
By way of exception to the above, Secondgear is a direct contractual party of the User, and is liable within the limits of the law, solely with regard to: (i) the Sponsorship Services referred to in Section 22; (ii) the shipping service referred to in Section 11, where purchased through the Platform; (iii) the technical operation of the Platform as set out in Section 25.
4. Scope, acceptance and related documents
4.1 — Acceptance.
Accessing the Platform and using the Service implies full acceptance of these Terms. On registration the User must give express acceptance by ticking the relevant checkbox. Anyone who does not accept these Terms must refrain from using the Platform.
4.2 — Capacity.
Use of the Service is reserved to natural persons who are at least eighteen years old and have full legal capacity, and to legal persons represented by a person with the necessary powers.
4.3 — Documents forming an integral part of the Terms.
The following form an integral and substantive part of these Terms and are annexed to them:
Secondgear may also publish detailed operational guidelines, including the Catalog Rules on the correct categorisation, description and photographic representation of Items. Such guidelines are technical and operational in nature and supplement, without derogating from, Annex A. In case of conflict, this document prevails, followed by Annex A.
4.4 — Privacy notice.
The processing of personal data is governed by the Privacy Notice, available at https://www.secondgear.it/en/privacy, which does not form part of the contractual relationship but is a mandatory information prerequisite under Articles 13 and 14 of Regulation (EU) 2016/679.
4.5 — Language.
These Terms are drafted in Italian and are also made available in English. In case of discrepancy between the language versions, the Italian version prevails, unless the User is a Consumer resident in a State in which a different language version was offered to them, in which case the latter prevails, limited to the provisions more favourable to them.
4.6 — Hierarchy of contractual sources.
In case of conflict, the order of precedence is: (i) applicable mandatory rules, including those protecting Consumers; (ii) these Terms; (iii) the Annexes, in the order in which they are listed in Section 4.3; (iv) operational guidelines.
5. Registration, Account and age requirement
5.1 — Registration.
Buying and selling on the Platform require the registration of an Account. Purchasing without registration is not possible. On registration the User must provide truthful, complete, accurate and up-to-date information, including first name, last name, email address, date of birth and country of residence, and must keep it up to date.
5.2 — Age requirement: verification and responsibility.
Access to the Service is reserved to adults. Verification takes place through the mandatory entry of the date of birth on registration: the system prevents the creation of an Account by anyone who turns out to be under eighteen.
By entering their date of birth the User declares and warrants, under their own responsibility and with the effect of a self-certification under Articles 46 and 47 of Italian Presidential Decree No. 445 of 28 December 2000, that they are at least eighteen years old.
The User is expressly warned that the sale of Replicas to persons under eighteen is prohibited by law (Article 5(5) of Italian Law No. 110 of 18 April 1975, as amended by Legislative Decree No. 204 of 26 October 2010) and that a false statement about one's age is a criminal offence under Article 76 of Presidential Decree 445/2000.
Secondgear reserves the right, at any time and including on a sample basis, to ask the User to show a valid identity document in order to verify the age requirement, and to suspend the Account until the outcome of the check. Refusal to comply entails the suspension of the Account under Section 26.
5.3 — Seller's obligation.
The Seller is aware that the prohibition on sales to minors rests on the Seller as the transferor. The Seller undertakes not to proceed with shipment where they know, or have reasonable grounds to believe, that the Buyer is a minor, and to report the circumstance promptly to Secondgear through the channel referred to in Section 30.
5.4 — One Account per User.
Each User may hold only one Account. Creating multiple Accounts, using fictitious identities or other people's data, and creating a new Account to circumvent a suspension or closure measure constitute a serious breach of these Terms.
5.5 — Safekeeping of credentials.
The User is responsible for the safekeeping and confidentiality of their login credentials and for all activity carried out through their Account. The User must inform Secondgear without delay of any unauthorised or suspicious access through the channel referred to in Section 30. Secondgear is not liable for any damage resulting from the User's failure to comply with these obligations.
5.6 — Inactivity.
An Account that remains inactive for a continuous period of ninety days receives a notice of deletion, sent to the associated email address. If a further fifteen days pass without the User logging in, the Account and the associated data are deleted, except for data whose retention is required by legal, tax or evidential obligations. This paragraph does not apply to Accounts with a Gear Depot that is active or being closed, which are governed by Section 26.5.
6. Seller status: private or professional
6.1 — Mandatory declaration.
When opening the Gear Depot, the Seller must declare whether they act as a Private Seller or as a Professional Seller. The declaration is made under the Seller's responsibility and must reflect the actual substance of the activity carried out.
6.2 — Qualification criteria.
Professional Seller status does not depend on holding a VAT number, but on the organised, systematic and profit-oriented nature of the selling activity. Secondgear takes into account, by way of indication, the number and frequency of transactions, turnover, the uniformity and quantity of the Items offered, the presence of new or originally packaged goods and any similar activity carried out outside the Platform.
6.3 — Reclassification by Secondgear.
Where objective evidence suggests that a Seller who has declared themselves private is in fact acting professionally, Secondgear may invite them to change their status, setting a deadline of no less than fifteen days. If the deadline passes without action, Secondgear may reclassify the Seller as professional on its own initiative, giving reasons, or suspend the Gear Depot under Section 26. The Seller may challenge the measure through the procedure referred to in Section 20.5.
6.4 — Information to the Buyer.
Pursuant to Article 49(1)(f-bis) and (f-ter) of the Consumer Code, the Seller's status is clearly and recognisably indicated on each Listing and on the Gear Depot page.
The Buyer is expressly informed that, when buying from a Private Seller, the protections provided by the Consumer Code, in particular the fourteen-day right of withdrawal and the legal guarantee of conformity, DO NOT apply, since the counterparty is not a trader. The general-law protections referred to in Section 13.3 and the Secondgear Guarantee referred to in Section 13.4 remain in place.
6.5 — Additional obligations of the Professional Seller.
The Professional Seller must:
a) provide, and keep up to date, their business or company name, registered office, VAT number, companies register number, telephone number and email address;
b) show such information on their Gear Depot page as well, in a directly and permanently accessible manner, pursuant to Article 7 of Italian Legislative Decree No. 70 of 9 April 2003;
c) comply with the pre-contractual information obligations under Articles 49 et seq. of the Consumer Code;
d) issue a proper tax document to the Buyer;
e) comply with the product safety obligations incumbent on economic operators under the GPSR, including the provision of the information referred to in Article 19 of that Regulation;
f) hold every licence, authorisation or permit required by the law applicable to the activity carried out and to the Items sold.
6.6 — Indemnity for false status.
A Seller who makes a false declaration about their status is solely liable for the resulting adverse consequences and shall indemnify Secondgear under Section 24.5.
7. Publication of Listings
7.1 — Mandatory content.
The Listing must contain, for each of the languages supported by the Platform: a truthful and non-misleading name of the Item; a complete and faithful description; the condition, according to the classes provided by the Platform; the price; the correct product category; the Shipping Band; the actual weight of the parcel; and, for Replicas, the kinetic energy expressed in joules measured with a 0.20 g BB.
7.2 — Photographs.
The Listing must include at least one cover photograph and may contain up to ten additional photographs, for a maximum of eleven images in total, as well as a video no longer than fifteen seconds. The photographs must show the Item actually offered, in its current condition, without alterations capable of concealing defects or wear. The use of stock images, images from other people's catalogues or images otherwise not relating to the specific item for sale is prohibited, unless they are expressly indicated as such and accompanied by at least one real photograph.
7.3 — Category.
The Item must be assigned to a leaf category of the product tree. Intermediate grouping categories cannot be assigned. Assigning an Item to an irrelevant category in order to increase visibility constitutes a breach of these Terms.
7.4 — Declaration of kinetic energy.
For Items belonging to the categories for which the Platform requires the joule attribute, the Seller must declare the kinetic energy of the specific item offered, measured according to current practice with a 0.20 g BB. The declaration is made under the Seller's responsibility and is an essential element of the Listing for the purposes of Section 15.
7.5 — Prohibited Items.
The Items listed in Annex A, which the Seller declares to have read and accepted, may not be offered for sale. The list is not exhaustive: Secondgear may remove Listings relating to Items which, although not expressly listed, are contrary to mandatory rules, public order or public morality.
7.6 — Lawful title.
The Seller declares and warrants that they are the lawful owner of, or in any event have full power to dispose of, the Item offered, that the Item is free from third-party rights and is not of unlawful origin, and that the sale does not infringe anyone else's intellectual or industrial property rights.
7.7 — Price.
The price shown in the Listing includes all taxes and charges on the Item and is expressed in euro. The price does not include shipping costs or any customs charges, which are shown separately during the purchase process.
7.8 — Moderation before and after publication.
Secondgear may subject Listings to automated checks and manual reviews, before or after publication, as provided in Section 20. The publication of a Listing in no way implies any assessment that the Item complies with applicable law.
7.9 — Duration and removal.
The Listing remains published until the Item is sold, until it is removed by the Seller or until it is removed by Secondgear. The Seller must remove without delay any Listing for an Item that is no longer available.
8. Conclusion of the Sale Contract
8.1 — Nature of the Listing.
The Listing constitutes an offer to the public within the meaning of Article 1336 of the Italian Civil Code, valid and effective until the Item runs out or until it is withdrawn by the Seller.
8.2 — Formation of the contract.
The Sale Contract is concluded when the Buyer completes the purchase process and the payment is authorised by the payment service provider. The order confirmation sent by Secondgear serves as evidence that the contract between Seller and Buyer has been concluded and does not constitute acceptance of any offer by Secondgear.
8.3 — Multiple orders.
Where the order includes Items from several Sellers, a separate Sale Contract is concluded with each of them. Each contract follows its own course as regards shipment, delivery, withdrawal, return and refund.
8.4 — Seller's obligations after conclusion.
Once the contract is concluded, the Seller must: (i) confirm the order and prepare the parcel within the time indicated by the Platform; (ii) pack the Item adequately for its nature and for the means of transport; (iii) hand the parcel over to the carrier; (iv) provide all documentation required by applicable law, including customs documentation in the cases referred to in Section 15.
8.5 — No arbitrary refusal.
The Seller may not refuse to perform a validly concluded contract unless there is a justified reason, such as: supervening unavailability of the Item not due to the Seller's fault; well-founded suspicion of fraud; impossibility of shipping to the indicated destination for legal reasons. Repeated and unjustified refusal constitutes a serious breach of these Terms and justifies the measures referred to in Section 26.
8.6 — Cancellation and full refund.
Where the contract cannot be performed for one of the reasons referred to in Section 8.5, the order is cancelled and the Buyer receives a full refund of the amount paid, including shipping costs and any customs charges.
8.7 — Cancellation at the Buyer's request.
The Platform does not offer an automatic order cancellation function. A Buyer who wishes to cancel an order must contact Secondgear support by email, stating the order number: from Italy at [email protected], from other countries at [email protected]. The request can be granted only as long as the Item has not been handed over to the carrier; if granted, the order is cancelled and the Buyer receives the full refund referred to in Section 8.6. Once the Item has been shipped, the provisions of Section 13 apply.
9. Fees payable to Secondgear
9.1 — Free of charge for the Buyer.
Registering, browsing, searching and purchasing on the Platform involve no fee payable by the Buyer to Secondgear. The Buyer pays the price of the Item, the shipping costs and any customs charges as indicated during the purchase.
9.2 — Free publication.
Creating a Gear Depot and publishing Listings are free of charge. Only the Sponsorship Services referred to in Section 22 are paid.
9.3 — Sales commission.
When a sale is concluded, Secondgear is entitled to an intermediation commission calculated as a percentage of the price of the Item alone, multiplied by the quantity purchased.
The rate ranges from a minimum of 0% to a maximum of 6% depending on the product category of the Item. The rate applicable to each category is set out in Annex D and is in any event shown to the Seller before the Listing is published and in the summary of each order.
9.4 — Calculation basis.
The commission is calculated exclusively on the price of the Item. Shipping costs and customs charges are not included in the calculation basis. For certain product categories, indicated in Annex D, no commission is due.
9.5 — VAT treatment.
Because of the tax regime referred to in Section 1, the commission is not subject to VAT under Article 1, paragraph 58, of Italian Law 190/2014. The amount shown is therefore the full amount due, with no further charges for tax. Should Secondgear move to a different tax regime in the future, any application of VAT will be notified to Sellers with the notice period referred to in Section 27.
9.6 — Method of collection.
The commission is withheld directly from the amount to be credited to the Seller, according to the mechanism referred to in Section 10.4. The Seller expressly authorises such withholding.
9.7 — Tax document.
Secondgear issues and makes available to the Seller the tax document relating to the commission, bearing the statutory wording for the flat-rate regime. The Professional Seller must provide the tax details needed to issue it.
9.8 — Shipping costs.
The shipping fee is payable by the Buyer and belongs entirely to Secondgear, which bears the carrier's cost. Shipping costs are never included in the amount credited to the Seller. Rates are set as provided in Section 11.
9.9 — Changes to fees.
Changes to commission rates and shipping rates are notified in accordance with the procedure and notice period referred to in Section 27. Changes have no retroactive effect and do not apply to orders already concluded or to Listings published before the change takes effect, until they naturally expire or are removed.
10. Payments, handling of funds and payouts to the Seller
10.1 — Payment service provider.
Payments are processed by Stripe Payments Europe, Limited and the companies of the same group ("Stripe"), an institution authorised to provide payment services. Secondgear does not take part in the processing of payment data, which is transmitted directly to Stripe.
10.2 — Direct relationship with Stripe.
A Seller who wishes to receive payouts must open a connected account with Stripe and accept Stripe's contractual terms, including the Stripe Connected Account Agreement. That relationship is separate and distinct from these Terms and exists directly between the Seller and Stripe. Secondgear is not a party to that relationship and is not liable for decisions taken by Stripe.
10.3 — Verification of the Seller's identity.
Opening the connected account involves the identity checks and customer due diligence required by anti-money-laundering legislation, carried out by Stripe through a procedure hosted on its own systems. Secondgear does not receive, process or store the identity documents submitted for this purpose. A negative outcome or failure to complete the procedure prevents funds from being paid out and entails the suspension of the ability to sell.
10.4 — Determination of the amount paid out.
For each Item sold, the amount due to the Seller is the price of the Item multiplied by the quantity, less the commission referred to in Section 9.3. Shipping costs and any customs charges are not included in the amount due to the Seller.
10.5 — Holding period.
The amounts due to the Seller remain unavailable at Stripe for a period of approximately fifty hours from delivery of the Item, corresponding to the return request window referred to in Section 13.4 plus a technical margin. If this period passes without a return request being made, the payout is automatically made to the account indicated by the Seller.
10.6 — Suspension of the payout.
The payout is suspended, and the funds remain unavailable until the procedure is settled, in the event of: (i) a pending return request, in any state other than rejected, cancelled or refunded; (ii) a formal dispute under Section 28.2; (iii) a well-founded suspicion of fraud; (iv) an order from an authority. Once the matter is settled in the Seller's favour, the payout is made without delay.
10.7 — Recoveries.
Where a refund to the Buyer is made after the payout has already been made, Secondgear records against the Seller a debit balance equal to the amount refunded, which is automatically offset against the first subsequent payouts to the same Seller, in chronological order of origin. The Seller expressly authorises such set-off. In the absence of subsequent payouts within twelve months, Secondgear may waive recovery or take action for payment.
10.8 — No external payments.
It is prohibited to agree or make, outside the Platform, payments relating to transactions originating on it. A breach entails the loss of every protection offered by the Platform, including the Secondgear Guarantee referred to in Section 13.4 and the complaints procedure referred to in Section 28, in addition to the measures referred to in Section 26.
11. Shipping and delivery
11.1 — Integrated shipping service.
Shipping is organised by Secondgear through the contracted carrier. The Seller does not need to enter into any contract of carriage: they receive the shipping label through the Platform and hand over the parcel in the manner indicated.
11.2 — Determination of the rate.
The shipping rate is determined by the combination of the Shipping Band declared by the Seller and the destination zone, according to the published rate card. The rate is calculated per Item. Rates include all charges and are expressed in euro.
11.3 — Correct declaration of the Band.
The Seller is responsible for correctly indicating the Shipping Band and the actual weight of the parcel. Where the parcel actually handed over to the carrier exceeds the limits of the declared Band, Secondgear may charge the Seller the additional cost incurred, after giving reasons, or refuse the shipment. Repeated false declarations constitute a breach of these Terms.
11.4 — Delivery times.
The delivery times indicated are estimates and are not of the essence within the meaning of Article 1457 of the Italian Civil Code, unless otherwise agreed in writing. Secondgear is not liable for delays attributable to the carrier, to force majeure or to the Buyer, including the provision of a wrong or incomplete address.
11.5 — Risk of loss.
In contracts between a Professional Seller and a Consumer Buyer, the risk of loss of or damage to the Item passes to the Buyer when the Buyer, or a third party designated by them other than the carrier, acquires physical possession of the goods, pursuant to Article 63 of the Consumer Code. In contracts between private individuals, Articles 1510 and 1693 of the Italian Civil Code apply.
11.6 — Transport damage.
In case of damage during transport, the Buyer must make a specific and reasoned reservation on the transport document upon receipt and notify Secondgear within forty-eight hours, attaching photographs of the parcel and its contents. Accepting the parcel without reservation prejudices claims against the carrier under Article 1698 of the Italian Civil Code.
11.7 — Failure to collect.
An Item held in storage because the Buyer failed to collect it is returned to the Seller. Storage and return costs are borne by the Buyer and may be deducted from any refund. Repeated failure to collect constitutes a breach of these Terms.
11.8 — Packaging.
The Seller is responsible for the adequacy of the packaging. In particular, the Seller must remove any power source that does not comply with the carrier's requirements for shipping batteries and declare the presence of lithium batteries where permitted.
12. Conformity of goods, defects and complaints
12.1 — Second-hand goods.
The Items offered on the Platform are mostly second-hand. The Buyer acknowledges that wear, signs of use and cosmetic imperfections consistent with the declared condition do not constitute a lack of conformity.
12.2 — Purchase from a Professional Seller — legal guarantee.
A Consumer Buyer who purchases from a Professional Seller benefits from the legal guarantee of conformity under Articles 128 et seq. of the Consumer Code, lasting twenty-four months from delivery.
As these are second-hand goods, the Professional Seller and the Consumer Buyer may agree on a shorter guarantee period, in no case less than twelve months, pursuant to Article 134(2) of the Consumer Code. Such a reduction is valid only if expressly stated in the Listing and specifically accepted by the Buyer before the contract is concluded. Without an express statement, the ordinary twenty-four-month period applies.
The legal guarantee is provided by the Professional Seller, who is the only party bound by it. Secondgear gives no guarantee on the goods and is not a party to that relationship.
12.3 — Purchase from a Private Seller — warranty against defects.
A Buyer who purchases from a Private Seller does not benefit from the legal guarantee of conformity, which presupposes a professional seller.
However, the provisions of the Italian Civil Code on the warranty against defects in goods sold (Articles 1490 et seq. of the Civil Code) apply. The Buyer is expressly informed that, under Article 1495 of the Civil Code, defects must be notified within eight days of discovery, unless a different period has been agreed, and that the action is time-barred one year after delivery. Any agreement excluding or limiting the warranty has no effect if the Seller has in bad faith concealed the defects of the goods from the Buyer (Article 1490(2) of the Civil Code).
The warranty does not apply to defects known to the Buyer at the time of purchase, nor to those easily recognisable with ordinary diligence, unless the Seller declared the Item free from defects (Article 1491 of the Civil Code). For this reason the Seller must describe in the Listing, faithfully and completely, the condition and known defects of the Item.
In addition to defects, the lack of qualities promised in the Listing, or of qualities essential for the intended use of the Item, is also relevant (Article 1497 of the Civil Code).
In the presence of a defect, the Buyer may request, at their choice, termination of the contract or a price reduction (Article 1492 of the Civil Code), as well as compensation for damage unless the Seller proves that they were unaware of the defects through no fault of their own (Article 1494 of the Civil Code). Clauses such as "sold as seen" do not exclude the warranty for defects that the Seller has concealed in bad faith.
If the parties have agreed a warranty of proper functioning for a set period, a malfunction must be notified within thirty days of discovery and the action is time-barred six months after discovery (Article 1512 of the Civil Code). This warranty applies only if expressly agreed.
The Buyer bringing a warranty claim must prove the existence of the defect (Italian Court of Cassation, Joint Civil Divisions, 3 May 2019, No. 11748). The Buyer should therefore notify the defect in writing, via internal messaging or the return procedure, keeping photographs and any useful documentation.
12.4 — Relationship between remedies.
The Secondgear Guarantee referred to in Section 13.4 operates on a separate level and neither replaces nor limits the Buyer's rights under Sections 12.2 and 12.3, which remain fully enforceable against the Seller within the statutory time limits, including after the return window managed by the Platform has expired.
12.5 — Product safety.
Where Secondgear becomes aware, including through the Safety Gate portal or a notice from a market surveillance authority, that an Item sold through the Platform is dangerous, it informs the Buyers concerned and removes the relevant Listings, pursuant to Articles 22 and 35 of the GPSR.
13. Withdrawal, returns and refunds — differentiated rules
The applicable rules depend on the Seller's status. The status is shown on each Listing and summarised in the order confirmation. The procedural details are set out in Annex B.
13.1 — Purchase from a Professional Seller: right of withdrawal
A Consumer Buyer who has purchased from a Professional Seller has the right to withdraw from the contract within fourteen days, without giving any reason and without penalty, pursuant to Articles 52 et seq. of the Consumer Code.
The period runs from the day on which the Buyer, or a third party designated by them other than the carrier, acquires physical possession of the Item. For orders with separate deliveries, it runs from receipt of the last item.
The right of withdrawal is exercised through the dedicated Platform function or by an explicit statement sent to the Seller, including by using the model form set out in Annex I, Part B, of the Consumer Code, reproduced in Annex B.
The Buyer returns the Item within fourteen days of notifying the withdrawal. The direct costs of return are borne by the Buyer, in accordance with Article 57(1) of the Consumer Code, the Buyer having been informed of this through these Terms before the contract was concluded.
The Seller refunds all payments received, including standard delivery costs, within fourteen days of the notice of withdrawal, and may withhold the refund until the goods have been received or proof of shipment has been provided.
The Buyer is liable for any diminished value of the Item resulting from handling other than what is necessary to establish its nature, characteristics and functioning.
The right of withdrawal is excluded in the cases provided for by Article 59 of the Consumer Code, including the supply of goods made to the consumer's specifications or clearly personalised and the supply of sealed goods which are not suitable for return for hygiene reasons, if unsealed after delivery.
13.2 — Purchase from a Private Seller: no right of withdrawal
The fourteen-day right of withdrawal does not apply to contracts concluded between private individuals, since the relevant rules presuppose that the seller is a trader. The Buyer therefore cannot return the Item simply because they have changed their mind.
13.3 — General-law rights
Section 12.3 on the warranty against defects between private individuals remains unaffected; it operates independently of the Secondgear Guarantee and within the statutory time limits.
13.4 — Secondgear Guarantee (48 hours)
Nature:
In order to increase trust in transactions between private individuals, Secondgear establishes a voluntary contractual protection, called the "Secondgear Guarantee", which operates as a condition of the Sale Contract accepted by both the Seller and the Buyer by agreeing to these Terms. The Secondgear Guarantee is not a commercial guarantee given by Secondgear on the goods and does not mean that Secondgear takes on the role of seller or guarantor.
Scope:
The Secondgear Guarantee applies to purchases from a Private Seller. For purchases from a Professional Seller, it is in addition to the rights referred to in Sections 12.2 and 13.1 and in no way limits them.
Time limit:
The Buyer may submit a return request, through the dedicated Platform function, within forty-eight hours of delivery of the Item.
Conditions:
The request is admissible only where the Item: (i) never arrived; (ii) is significantly different from the description or photographs in the Listing; (iii) has undeclared defects that impair its use; (iv) is counterfeit or of unlawful origin. A request based merely on a change of mind is not admissible.
Procedure:
The request is submitted to the Seller, who may accept or reject it within the time limit set out in Annex B. In case of rejection, or if the Seller fails to act within the time limit, the dispute is referred to Secondgear in accordance with the procedure referred to in Section 28.2. While the request is pending, the funds remain unavailable under Section 10.6.
Return:
If the request is accepted, the Buyer receives a return label through the Platform and returns the Item following the instructions provided. Return costs are borne by the Buyer and are deducted from the refund amount.
Refund:
The refund equals the price of the Item multiplied by the quantity, less the cost of the return label. The original shipping costs and any customs charges are not refunded, as they relate to services duly performed. Partial refunds are not allowed: the refund covers the whole Item.
Preservation of rights:
The expiry of the forty-eight-hour period only ends the Platform's involvement. It does not cause the loss of any rights the Buyer has by law against the Seller, in particular those referred to in Sections 12.2 and 12.3, which remain enforceable through the ordinary channels.
13.5 — Escalation
If the time limit set out in Annex B passes without the Seller confirming receipt of the returned Item, the case is automatically referred to Secondgear for review, and Secondgear informs both parties. The funds remain unavailable until the matter is settled.
14. Sales to the United Kingdom
14.1 — Legal framework.
The Violent Crime Reduction Act 2006, section 36, as supplemented by the Violent Crime Reduction Act 2006 (Realistic Imitation Firearms) Regulations 2007, makes it a criminal offence to sell, import or make available realistic imitation firearms in the United Kingdom unless one of the exemptions exhaustively provided for by law applies.
14.2 — Prohibition and condition for purchase.
Items that qualify as realistic imitations cannot be shipped to the United Kingdom unless the Buyer has first obtained from Secondgear the authorisation referred to in Section 14.3. Without authorisation, the Platform prevents the completion of orders with a delivery address in the United Kingdom.
14.3 — Authorisation procedure.
A Buyer with a delivery address in the United Kingdom who wishes to purchase Replicas must upload to their personal area documentation proving the existence of a recognised defence under section 37 of the Violent Crime Reduction Act 2006, typically a valid certificate of registration with UKARA (United Kingdom Airsoft Retailers Association), or other suitable documentation.
The documentation is subject to manual review by Secondgear. Authorisation is granted or refused by a reasoned decision and is revocable at any time if the requirements are no longer met, if the certificate expires or if there are doubts about the authenticity of the documentation. The authorisation is valid only for the period of validity of the documentation provided.
14.4 — Buyer's declaration.
By uploading the documentation, the Buyer declares and warrants that it is authentic, valid and relates to them, and that the purchase is made for a purpose covered by the exemption relied upon. Providing false or altered documentation constitutes a serious breach of these Terms, entails the immediate closure of the Account and may be reported to the competent authorities.
14.5 — Items not subject to restriction.
Clothing, protective equipment, accessories, spare parts and other Items that do not qualify as realistic imitations may be shipped to the United Kingdom without authorisation, subject to the customs formalities referred to in Section 15.
14.6 — No legal advice.
The information in this Section does not constitute legal advice. The Buyer and the Seller remain solely responsible for checking that the transaction is lawful under UK law. Secondgear is not liable for the consequences of false statements made by Users.
14.7 — UK value added tax.
UK VAT obligations applicable to distance sales to the United Kingdom are fulfilled in accordance with the legislation in force. Where the tax is due on import, it is borne by the Buyer as indicated in Section 15.4.
15. Cross-border sales, kinetic energy limits and customs formalities
15.1 — Territorial scope.
The Service is offered in Italy, in the Member States of the European Union and in the United Kingdom, within the limits set out in this Section and in Section 14. Secondgear may limit or extend the territorial scope at any time, giving notice.
15.2 — Kinetic energy limits.
States apply different kinetic energy thresholds to Replicas. The Platform maintains a table of limits by country, updated by Secondgear.
An Item whose declared kinetic energy exceeds the limit in force in the country detected for the visitor remains visible, but is marked as "not purchasable" in that country and the purchase button is disabled. The check is repeated when the order is confirmed, on the basis of the delivery address actually provided.
The visitor's country is detected from their IP address and can be changed manually by the User. The detected country is only indicative: in all cases, the country of the delivery address given in the order is what counts.
15.3 — Responsibility for lawfulness.
The indication provided by the Platform is for information only and does not relieve the User from checking the applicable law. The Buyer must make sure that possessing, importing and using the Item is lawful in their country; the Seller must make sure that the export is lawful. The table of limits is maintained with care but is not guaranteed to be exhaustive or constantly up to date.
15.4 — Non-EU destinations and customs charges.
For shipments to countries outside the customs territory of the Union, including Switzerland, the United Kingdom and Norway, a customs clearance fee per parcel is applied, shown as a separate item during the purchase.
This fee covers only the customs clearance formalities. Import duties, import VAT and any other tax or charge required by the authorities of the destination country are borne by the Buyer and are requested on delivery. The Buyer acknowledges that Secondgear cannot determine these amounts in advance.
Failure to pay import charges, resulting in the parcel being refused or abandoned, entails charging the Buyer the return costs, which may be deducted from any refund.
15.5 — Customs documentation.
The Seller provides the information needed to complete the customs documentation, including the product description, value and tariff classification. False declarations are the sole responsibility of the Seller.
15.6 — Dual-use goods.
Certain Items, including night vision devices and thermal imaging equipment, may fall within the dual-use items subject to export authorisation under Regulation (EU) 2021/821. The Seller must check their classification and refrain from exporting them without the required authorisations. See Annex A.
16. Reviews and ratings
16.1 — Who can leave a review.
A review can be left only by the Buyer about the Seller, and only following a purchase actually concluded and actually delivered through the Platform. Sellers cannot review Buyers.
16.2 — Verification of authenticity.
Pursuant to Article 21(3-bis) of the Consumer Code and point 23-ter of Annex I to that Code, Secondgear states that all published reviews come from verified Buyers. The system allows a review to be left only after the order's delivery status has been recorded; it is technically impossible to publish a review without a verified purchase.
16.3 — No non-genuine reviews.
It is prohibited to publish or commission fake reviews, to obtain reviews in exchange for payment or any other benefit, to make performance conditional on a favourable review, or to put pressure on the other party to change or remove a review. Such conduct constitutes an unfair commercial practice and a serious breach of these Terms.
16.4 — Moderation.
Secondgear does not alter, select or filter reviews on the basis of their evaluative content. It may remove reviews that contain third parties' personal data, unlawful, offensive or defamatory content, references to disputes unrelated to the transaction, or that are clearly not genuine. The removal is notified to the author as provided in Section 20.4.
16.5 — Effects.
The average score and the number of reviews are displayed on the Gear Depot and contribute to the ranking criteria referred to in Section 21.
The details are set out in Annex C.
17. Internal messaging and prohibition of disintermediation
17.1 — Purpose.
The Platform provides an internal messaging service reserved for communications about Items and transactions.
17.2 — No exchange of contact details.
It is prohibited to exchange via internal messaging, or to include in Listings, images or the profile, telephone numbers, email addresses, references to external messaging services, social media profiles, bank details or any other contact detail allowing the parties to contact each other directly outside the Platform.
17.3 — Prohibition of disintermediation.
It is prohibited to conclude or perform outside the Platform transactions originating on the Platform, or to invite the other party to do so.
17.4 — Reasons.
Pursuant to Article 10 of Regulation (EU) 2019/1150, Secondgear sets out the reasons for the prohibition referred to in Sections 17.2 and 17.3: (i) fraud prevention, since fraud typically concentrates in transactions taken outside the tracked circuit; (ii) the effectiveness of the protections referred to in Sections 13 and 28, which require payment and shipment to be traceable; (iii) proper fulfilment of the reporting obligations referred to in Section 23; (iv) protection of the intermediation fee, which remunerates a service actually provided.
The prohibition is limited to transactions originating on the Platform. The Seller remains free to offer the same Items, including on different financial terms, through other channels, including their own channels or competing platforms, without any restriction by Secondgear.
17.5 — Message moderation.
Messages exchanged through internal messaging are subject to automated checks aimed at detecting contact details and unlawful content, using regular expressions and automated classification tools provided by third parties. Depending on the outcome, the message may be delivered normally, delivered with the detected portions masked, or blocked and submitted to human review.
The User is informed of and accepts the processing of messages in this way, which serves the purposes referred to in Section 17.4 and the obligations to counter unlawful content. The processing is limited to what is necessary for those purposes; messages are not used for promotional purposes or disclosed to third parties unless required by law. The processing is described in the Privacy Notice. The User has the right to obtain human review of any measure taken by automated means, in accordance with Section 20.5.
17.6 — Conduct.
Any offensive, discriminatory, threatening, harassing or otherwise unlawful content is prohibited in messaging, as is the sending of unsolicited promotional communications.
18. User Content and licence
18.1 — Ownership.
The User retains ownership of the rights to the content they upload, including texts, photographs and videos ("User Content").
18.2 — Warranty.
The User warrants that they hold all the rights necessary to publish the User Content and that it does not infringe third-party rights, including copyright, related rights, image rights and industrial property rights.
18.3 — Licence.
The User grants Secondgear a non-exclusive, royalty-free, worldwide licence, transferable only to Secondgear's technical providers, to reproduce, adapt only into the necessary technical formats, publish, communicate to the public and distribute the User Content solely for the purposes of operating, displaying and promoting the Platform and the Listings, including promotion on third-party channels and search engines.
The licence lasts only for the period during which the relevant Listing or Gear Depot is published and ends within a reasonable time after removal of the content or closure of the Account, except for: (i) copies retained for legal obligations or evidential purposes; (ii) content already disseminated to third parties whose removal is not technically within Secondgear's control; (iii) content relating to concluded transactions, for the time needed to handle complaints and disputes.
18.4 — No obligation to publish.
Granting the licence does not oblige Secondgear to publish, or keep published, any content.
19. Secondgear's intellectual property rights
19.1 — Ownership.
The "Secondgear" trademark, the name "Gear Depot", the domain name, the source code, the architecture, the graphical interfaces, the editorial texts, the databases and every other element of the Platform belong to Secondgear or the respective rights holders and are protected by copyright, trademark and database law.
19.2 — Licence to use.
The User is granted a personal, revocable, non-exclusive and non-transferable licence to use the Platform for the purposes and within the limits of these Terms.
19.3 — Prohibitions.
Unless authorised in advance in writing, it is prohibited to: reproduce or distribute elements of the Platform; decompile or disassemble the software, except in the cases provided for by Article 64-quater of Italian Law No. 633 of 22 April 1941; extract or re-use substantial parts of the database, including by automated data collection systems (scraping, crawling), pursuant to Articles 102-bis et seq. of that Law; circumvent technical protection measures; use the Platform's content to train artificial intelligence systems. Secondgear expressly reserves the rights referred to in Article 4 of Directive (EU) 2019/790.
19.4 — Third-party trademarks.
Manufacturers' trademarks mentioned in Listings belong to their respective owners. Mentioning them is purely descriptive and does not imply any commercial relationship, affiliation or authorisation between Secondgear and those owners.
20. Content moderation, notices and restrictive measures
This Section implements the transparency obligations under Article 14 DSA and governs the mechanisms referred to in Articles 16 and 17 of that Regulation.
20.1 — Moderation policy.
Secondgear adopts moderation measures aimed at preventing the dissemination of content that is unlawful or contrary to these Terms. Moderation is carried out:
a) by means of automated tools, which operate on Listings and messages in order to detect contact details, terms associated with prohibited Items and manifestly unlawful content;
b) by means of human review, following a notice or automated detection.
Automated tools have margins of error. Any measure taken by automated means is subject to human review at the request of the person concerned, in accordance with Section 20.5.
20.2 — Notice mechanism (Article 16 DSA).
Anyone, whether a User or not, may report content on the Platform that they consider unlawful or contrary to these Terms, using the dedicated function on each Listing and Gear Depot or by writing to [email protected].
The notice must contain: (i) a sufficiently substantiated explanation; (ii) the exact electronic location of the content, typically the URL; (iii) the name and email address of the person submitting the notice, unless the notice concerns offences referred to in Articles 3 to 7 of Directive 2011/93/EU; (iv) a statement of good faith as to the accuracy and completeness of the information provided.
Secondgear confirms receipt of the notice without delay, examines it in a timely, diligent, non-arbitrary and objective manner, and informs the notifier of its decision together with information on the available means of redress.
20.3 — Measures that may be taken.
Once a breach has been established, Secondgear may, on a proportionate basis and taking into account seriousness and repetition, take the following measures: an invitation to amend the content; amendment or partial masking of the content; removal of, or disabling access to, the content; demotion of the content in search results; suspension of ongoing Sponsorship Services; temporary restriction of features; suspension of the Account or Gear Depot; closure of the Account.
20.4 — Statement of reasons (Article 17 DSA).
Every restrictive measure taken against a User is accompanied by a clear and specific statement of reasons, provided on a durable medium, setting out: the measure taken and its territorial and temporal scope; the facts and circumstances on which it is based; any use of automated means; the legal provision or contractual clause breached; information on the means of redress.
A statement of reasons is not provided only where the law prohibits it or a competent authority has ordered otherwise.
20.5 — Review and complaints.
A User subject to a measure may request its review within six months of notification, by writing to [email protected] and attaching any useful information. The complaint is examined by human staff, in a timely, non-discriminatory and diligent manner, and is not decided solely on the basis of automated means. The outcome is communicated with reasons. If the complaint is upheld, the measure is revoked without delay and the content is restored where technically possible.
The User's right to bring proceedings before the courts and to use the out-of-court dispute resolution bodies referred to in Section 28.4 remains unaffected.
20.6 — Measures against misuse.
Secondgear may, after a prior warning, suspend the provision of the Service to Users who frequently publish manifestly unlawful content, as well as the processing of notices and complaints from persons who frequently submit manifestly unfounded ones. The assessment takes into account the number, proportion and seriousness of the items concerned and the intention of the person.
20.7 — Notification to authorities.
Where Secondgear becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it informs the competent authorities without delay, pursuant to Article 18 DSA.
20.8 — Scope of obligations.
Secondgear currently qualifies as a micro enterprise within the meaning of Recommendation 2003/361/EC and therefore benefits from the exemption referred to in Articles 19 and 29 DSA. The procedures referred to in Sections 20.5 and 20.6 are adopted on a voluntary basis and applied with the same diligence. Should it cease to qualify as such, Secondgear will adapt its procedures within the statutory time limits.
21. Transparency of ranking and recommendation criteria
This Section implements Article 5 of Regulation (EU) 2019/1150, Article 27 DSA and Article 22-bis of the Consumer Code.
21.1 — Main ranking parameters.
Unless the User chooses otherwise, search results and catalogue pages are ranked according to the following parameters, listed in decreasing order of importance:
textual relevance to the search terms, calculated on the titles, descriptions and attributes of the Listing;
consistency with the filters applied by the User, including category, price, condition, kinetic energy and brand;
purchasability in the User's country under Section 15.2, with Items that cannot be purchased being demoted;
publication date, with preference for the most recent Listings, which is the catalogue's default sort order;
completeness of the Listing, with regard to the presence of photographs, the thoroughness of the description and the filling in of attributes;
Seller rating, as resulting from the reviews referred to in Section 16;
presence of an active Sponsorship under Section 22.
21.2 — Reasons for the relative importance.
Textual relevance and consistency with filters prevail because they directly reflect the intention expressed by the User. Purchasability in the country comes before the qualitative criteria so as not to show the User Items they could not buy. Publication date is preferred in a second-hand market, where supply is by definition non-repeatable. The Seller's rating has a limited weight so as not to disadvantage newly registered Sellers.
21.3 — Influence of payment.
Sponsorship affects placement. The influence is limited to placing the Listing in dedicated and graphically distinct spaces and does not alter the organic ranking of the other results. Every sponsored Listing is marked "Sponsored", in accordance with Article 26 DSA and Article 22-bis of the Consumer Code. No other payment affects placement.
21.4 — Alternative sort orders.
The User may change the sort order at any time, choosing from those made available by the interface, including price ascending and descending and publication date.
21.5 — Recommender systems.
The suggested Items sections are based on the semantic similarity between Item descriptions, calculated by means of automatically generated vector representations, and on belonging to the same product category. No individual profiling data is used to determine recommendations.
21.6 — No differentiated treatment.
Secondgear gives no differentiated treatment to its own Items or those of entities it controls compared with those of other Sellers, as it does not offer Items of its own.
22. Sponsorship Services (Listing Boost and Gear Depot Boost)
This Section governs the only service provided directly by Secondgear to the Seller. Secondgear is therefore a contractual party and is liable within the limits of the law. The details are set out in Annex E.
22.1 — Subject.
Secondgear offers Sellers optional, paid visibility services:
Listing Boost — increases the visibility of one or more specific Listings, by placing them in dedicated spaces and marking them "Sponsored";
Gear Depot Boost — increases the visibility of the Seller's storefront as a whole.
22.2 — Duration.
Sponsorships are available for three days and seven days. The duration runs from confirmation of payment.
22.3 — Scope.
A Sponsorship may be national or international in scope. International scope does not change the rules referred to in Sections 14 and 15: an Item that cannot be purchased in a country remains so even if sponsored.
22.4 — Fee.
The fees are set out in Annex E and shown before the purchase is confirmed. They are not subject to VAT under Article 1, paragraph 58, of Italian Law 190/2014, for the reasons referred to in Section 9.5. A ten per cent discount applies when two or more Listing Boosts are purchased together in the same transaction; the discount does not apply by combining purchases made at different times.
22.5 — Conclusion of the contract.
The contract for Sponsorship Services is concluded between Secondgear and the Seller upon confirmation of payment. Activation is immediate.
22.6 — Right of withdrawal and waiver.
With regard to this contract, the Private Seller is a Consumer and has the fourteen-day right of withdrawal under Article 52 of the Consumer Code.
Since the service is performed immediately, at the time of purchase the Private Seller is asked to expressly request immediate performance and to acknowledge the resulting loss of the right of withdrawal once performance is complete, pursuant to Article 59(1)(a) of the Consumer Code. If the right of withdrawal is exercised while performance is ongoing, the Seller pays an amount proportionate to the service already provided, pursuant to Article 57(3) of the Consumer Code.
The Professional Seller has no right of withdrawal, as they are not a Consumer.
22.7 — No guarantee of results.
The Sponsorship guarantees display in the dedicated spaces for the duration purchased. It does not guarantee any result in terms of views, contacts or sales. The absence of results does not give rise to any refund.
22.8 — Early termination.
The Sponsorship ends early, without any refund or extension, in the event of: (i) sale of the sponsored Item; (ii) removal of the Listing by the Seller; (iii) removal of the Listing or suspension of the Account for breach of these Terms.
22.9 — Refund for malfunction.
Where the Sponsorship has not been provided, in whole or to a substantial extent, for reasons attributable to Secondgear, the Seller is entitled to a full or proportionate refund of the fee. The request must be made within fourteen days of the end of the Sponsorship period, by writing to [email protected].
22.10 — Changes.
Changes to the fees and features of the Sponsorship Services are notified with the notice period referred to in Section 27 and do not affect Sponsorships already purchased.
23. Users' tax obligations and DAC7 reporting
23.1 — Tax responsibility.
Each User is solely responsible for correctly fulfilling the tax and social security obligations arising from their activity on the Platform. Secondgear does not provide tax advice and is not liable for the assessments made by the User.
23.2 — Occasional sales.
Sales of second-hand goods by private individuals for non-speculative purposes are, as a rule, not relevant for income tax purposes. The classification nevertheless depends on the specific case: a User who carries on a resale activity on a habitual basis must register for VAT and take on Professional Seller status under Section 6.
23.3 — DAC7 reporting.
Secondgear is a reporting platform operator under Directive (EU) 2021/514 and Italian Legislative Decree No. 32 of 1 March 2023.
Secondgear collects, verifies and reports annually to the Italian Revenue Agency (Agenzia delle Entrate), by 31 January of the year following the reference year, the identification data of Sellers and the consideration they received.
Excluded from reporting are Sellers who during the year made fewer than thirty sales and received consideration not exceeding two thousand euro in total. Exceeding even one of the two thresholds entails inclusion in the report.
23.4 — Duty to cooperate.
The Seller must provide the data required for DAC7 purposes, including name or business name, address, tax code, VAT number where applicable and State of residence, and must promptly notify any changes. If the data are not provided within the statutory deadlines, after two reminders, Secondgear is required to suspend the Account and withhold payouts until the obligation is fulfilled, in accordance with Article 5 of Legislative Decree 32/2023.
23.5 — Information.
The data reported are sent to the Seller concerned within the statutory deadline.
24. Limitation of liability and indemnity
24.1 — General limits.
To the extent permitted by law, and without prejudice to Section 24.4, Secondgear is not liable for:
a) the existence, lawful origin, quality, safety, conformity, legality or value of the Items;
b) the truthfulness, accuracy and completeness of the information entered by Users, including the declared kinetic energy;
c) any non-performance, including total non-performance, by the Seller or the Buyer;
d) Users' conduct outside the Platform, including transactions concluded in breach of Section 17.3;
e) acts of the carrier, the payment service provider and other third-party providers;
f) the content of sites reached through hyperlinks;
g) loss of profit, loss of business opportunities and indirect damage.
24.2 — Liability for content.
Secondgear is not liable for content stored at the request of Users, pursuant to Article 6 DSA, provided that it does not have actual knowledge of the illegal activity or content and that, upon obtaining such knowledge, it acts expeditiously to remove it or disable access to it.
24.3 — Cap.
In relations with Users who are not Consumers, Secondgear's total liability for the services it provides directly is limited to the greater of five hundred euro and the total fees paid by the User to Secondgear in the twelve months preceding the event giving rise to liability.
24.4 — Mandatory exceptions.
The limitations in this Section do not apply in cases of wilful misconduct or gross negligence by Secondgear, personal injury or breach of mandatory rules, nor in relation to Consumers where they conflict with Articles 33 et seq. of the Consumer Code. No provision of these Terms may be interpreted as excluding or limiting the Consumer's mandatory rights.
24.5 — Indemnity.
The User undertakes to indemnify and hold Secondgear harmless from any claim, action, penalty, charge and expense, including reasonable legal fees, arising from their breach of these Terms, of applicable law or of third-party rights. This clause does not apply to Consumers in cases where it would be unfair under Article 33 of the Consumer Code.
25. Availability of the Service and force majeure
25.1 — No guarantee of continuity.
The Platform is made available "as is". Secondgear does not guarantee that the Service will be uninterrupted, error-free or constantly accessible, and makes every effort, with the required diligence, to ensure its proper operation.
25.2 — Maintenance.
Secondgear may temporarily suspend the Service for maintenance, updates or security work, giving advance notice where possible. Scheduled suspensions normally take place at times of lower usage.
25.3 — Force majeure.
Secondgear is not liable for non-performance due to causes beyond its control, including interruptions of communication networks, failures of connectivity or hosting providers, cyber attacks, orders of authorities, exceptionally severe natural events and strikes.
25.4 — Changes to the Service.
Secondgear may modify, supplement or discontinue individual features. Changes that substantially affect the services purchased by Sellers are notified with the notice period referred to in Section 27.
26. Duration, suspension and termination
26.1 — Duration.
The relationship is for an indefinite period.
26.2 — Termination by the User.
The User may terminate at any time, without notice or charge, by closing their Account from the personal area or by writing to [email protected]. Termination does not affect contracts already concluded, which remain governed by these Terms until fully performed, including delivery obligations, return periods and pending payouts.
26.3 — Suspension.
Secondgear may suspend the Account, the Gear Depot or individual features, as a precaution and for the time strictly necessary, in the event of: breach of these Terms or the Annexes; well-founded suspicion of fraud or unlawful activity; failure to pass the checks referred to in Sections 5.2, 10.3 or 14.3; failure to fulfil the obligations referred to in Section 23.4; an order from an authority.
The measure is notified to the User with the statement of reasons referred to in Section 20.4, before or at the same time as it takes effect, in accordance with Article 4(1) of Regulation (EU) 2019/1150. The User may lodge a complaint under Section 20.5.
26.4 — Termination by Secondgear.
Secondgear may terminate the relationship with no less than thirty days' notice, given on a durable medium and accompanied by a statement of reasons, in accordance with Article 4(2) of Regulation (EU) 2019/1150.
Notice is not required where: (i) there is a legal obligation or an order from an authority; (ii) there is an imperative reason under national law; (iii) the User has repeatedly breached these Terms; (iv) the User's conduct amounts to a criminal offence or exposes other Users to a concrete risk.
26.5 — Closure of the Gear Depot.
A closed Gear Depot is no longer accessible to the public and its Listings are removed from search; the page shows that it has ceased to exist. The associated data and content are kept for thirty days, after which they are deleted together with the media files, except for data whose retention is required by legal, tax or evidential obligations.
26.6 — Effects on ongoing orders.
Termination, for whatever reason, does not affect: orders already concluded, which must be performed; pending return periods; accrued payouts, which are made on the ordinary dates; the debit balances referred to in Section 10.7.
26.7 — Survival.
Sections 9.7, 10.7, 12, 13, 18.3, 19, 23, 24, 28, 29 and 31 survive termination.
27. Changes to these Terms
27.1 — Right to amend.
Secondgear may amend these Terms and the Annexes to comply with legislation, to reflect technical or functional developments of the Service, or following changes in financial terms or in relations with third-party providers.
27.2 — Notice to Sellers.
Changes are notified to Sellers on a durable medium with no less than fifteen days' notice before they take effect, in accordance with Article 3(2) of Regulation (EU) 2019/1150. Where the change requires the Seller to make significant technical or commercial adjustments, the notice period is extended accordingly.
The notice period does not apply where: (i) Secondgear is subject to a legal obligation that does not allow the period to be respected; (ii) the change is necessary to address an unforeseen and imminent danger to the Service, Users or consumers; (iii) the Seller expressly and unequivocally waives it.
27.3 — Right to terminate.
A Seller who does not wish to accept the changes may terminate under Section 26.2 before they take effect, without charge. Continued use of the Service after the change takes effect constitutes acceptance.
27.4 — No retroactivity.
Changes have no retroactive effect and do not affect contracts already concluded, orders being performed, Sponsorships already purchased or accrued payouts.
27.5 — Changes to the Annexes.
Changes to the Annexes follow the same rules, except for purely editorial, corrective or explanatory changes that do not affect the parties' rights and obligations, which take effect immediately.
27.6 — Current version.
The current version shows the date of last update at the top. Previous versions are kept and made available on request.
28. Complaints and dispute resolution
28.1 — Disputes between Users — direct contact.
If there is a problem with an order, the Buyer must contact the Seller via internal messaging. The Seller must reply within two working days.
28.2 — Disputes between Users — formal dispute.
If direct contact does not lead to a solution, or if the Seller does not reply within the time limit, the Buyer may open a formal dispute using the dedicated function in the order, attaching supporting documentation, including photographs, tracking references and copies of the exchanges.
Secondgear examines the dispute and communicates its assessment within seven working days, after giving both parties the opportunity to state their case. During the investigation the funds remain unavailable under Section 10.6.
Assessment criteria, applied reasonably and on the basis of the evidence gathered:
Item never arrived, with tracking stalled beyond the time limits: settled in favour of the Buyer; any claim against the carrier is pursued by Secondgear as the party that commissioned the transport;
Item significantly different from the description or photographs: settled in favour of the Buyer, subject to the Item being returned;
Item damaged in transit: assessed on the basis of the adequacy of the packaging, the timeliness of the reservation referred to in Section 11.6 and the documentation provided;
Item as described but not liked: settled in favour of the Seller, unless the right of withdrawal referred to in Section 13.1 applies;
Failure to collect attributable to the Buyer: settled in favour of the Seller, with costs charged under Section 11.7.
28.3 — Nature of the assessment.
The assessment referred to in Section 28.2 is contractual and not judicial in nature: it is an exercise of the powers to manage the relationship and an implementation of the Secondgear Guarantee. It is not arbitration, has no res judicata effect and in no way prevents the parties from accessing the courts or the tools referred to in Section 28.4.
28.4 — Complaints against Secondgear and out-of-court resolution.
Any complaint about the Service must be sent to [email protected]. Secondgear replies within thirty days.
If the complaint is not resolved, the Consumer may turn to the ADR bodies listed in the register kept under Articles 141-bis et seq. of the Consumer Code, or use mediation under Italian Legislative Decree No. 28 of 4 March 2010, before a body entered in the register kept by the Ministry of Justice, including the bodies of the Chambers of Commerce.
It is noted that Regulation (EU) 524/2013 was repealed by Regulation (EU) 2024/3228 and that the European ODR platform ceased operating on 20 July 2025; any reference to it must therefore be considered no longer operative.
28.5 — Complaints by Professional Sellers.
Secondgear currently qualifies as a small enterprise within the meaning of the Annex to Recommendation 2003/361/EC and benefits from the exemption under Articles 11(5) and 12(5) of Regulation (EU) 2019/1150 regarding the internal complaint-handling system and the designation of mediators. Complaints by Professional Sellers are nevertheless handled according to the procedure referred to in Sections 20.5 and 28.4. Should it cease to qualify as such, Secondgear will set up the internal complaint-handling system and designate the required mediators, giving notice thereof.
28.6 — Reports to authorities.
The User's right to contact the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato), the Italian Communications Authority (Autorità per le Garanzie nelle Comunicazioni) as Digital Services Coordinator, and any other competent authority remains unaffected.
29. Governing law and jurisdiction
29.1 — Governing law.
These Terms are governed by Italian law.
Where the User is a Consumer resident in a Member State of the European Union other than Italy, this choice does not deprive them of the protection afforded by the mandatory provisions of the law of their country of habitual residence, pursuant to Article 6 of Regulation (EC) No 593/2008. The same protection applies to Consumers resident in the United Kingdom.
29.2 — Jurisdiction for Consumers.
For disputes with Consumer Users, the court of the place of residence or elected domicile of the Consumer has exclusive jurisdiction, if located in Italy, pursuant to Article 66-bis of the Consumer Code. For Consumers resident in other Member States, Articles 17-19 of Regulation (EU) No 1215/2012 apply.
29.3 — Jurisdiction for other Users.
For disputes with Users who are not Consumers, the Court of Florence has exclusive jurisdiction.
29.4 — Law governing the Sale Contract.
The law applicable to the Sale Contract concluded between Seller and Buyer is determined according to the applicable rules of private international law and is not governed by these Terms.
30. Communications
30.1 — Communications to Secondgear.
Communications are validly sent to [email protected] or, where registered mail is required, to the address referred to in Section 1.
30.2 — Communications to the User.
Communications are validly sent to the email address associated with the Account or by notification in the personal area. The User is responsible for keeping their contact details up to date and for checking them regularly.
30.3 — Durable medium.
Communications for which these Terms or the law require a durable medium are sent by email and made available at the same time in the personal area in a downloadable format.
31. Final provisions
31.1 — Partial invalidity.
The invalidity or ineffectiveness of any single clause does not affect the remaining provisions, which remain fully effective. The invalid clause is replaced by operation of law with the applicable statutory rules or, where possible, interpreted so as to preserve it within the limits of validity.
31.2 — Tolerance.
Any tolerance of conduct not in line with these Terms does not constitute a waiver of the rights arising from them or acquiescence.
31.3 — Assignment.
The User may not assign their contractual position without Secondgear's written consent. Secondgear may assign its position as part of a transfer or contribution of its business or a branch of it, giving thirty days' notice; a Consumer who does not wish to continue the relationship may terminate without charge.
31.4 — No partnership.
These Terms do not create any partnership, association, agency, mandate, employment or joint venture relationship between the parties.
31.5 — Entire agreement.
These Terms and the Annexes constitute the entire agreement between the parties on their subject matter and supersede any prior understanding.
31.6 — Retention.
The text of these Terms accepted by the User is kept by Secondgear and made accessible to the User in the personal area in a downloadable format.
Secondgear
VAT No. 06938630487
Last updated: 25 September 2026