Please, ensure to read this agreement (hereinafter 'Agreement') carefully. If you do not agree with any of the issues of the current Agreement, you are not eligible to confirm your registration, to use any services provided by the current resource https://overgear.com
"OVERGEAR LIMITED" (hereinafter - 'Overgear', 'The Platform' or 'The Web-site'), sell, buy or exchange goods via the functional capacity of this trading platform.OVERGEAR LIMITED
Diagorou 4, Kermia Building, 3rd floor, office 304, 1097, Nicosia, Cyprus. Reg. number: HE395043
Support phone +79260786095
The User Agreement and these Conditions shall be governed by and construed in accordance with the law of Cyprus.1. General statements
and guarantees that they are going to follow every statement of this Agreement when utilizing the trading platform.
1.2 Once registered, every User is assigned by the web-site the status of a Buyer, and is presented the opportunity to purchase the items they like, use the personal profile, manage the funds that have been transferred onto the personal account (with the opportunity to transfer them back to the bank requisites which the payment was made from) and can completely rely on arbitrary support provided by Overgear in case of any disputes.
1.3 Every User is granted the opportunity to undergo additional registration procedures and receive the status of a Seller. This status allows them to place their offers, sell services and gaming items all over the trading platform.
1.4 The Agreement regulates the relations between a Seller and a Buyer (hereinafter - 'Parties' or, if separately, 'the Party') with Overgear as the intermediary party. The Agreement defines the key notions and conditions, obligations and rights of each Party in deal-making, the usage of instruments, applications and any other services provided by Overgear. The Parties have the right to see the Web-Site as the guarantor. The Parties have the right to request arbitration to resolve any debate, should one appear.
1.5 Overgear is a trading platform where users can sell, buy or exchange gaming valuables. Overgear does not posess the items, does not offer gaming services nor sells them. It only acts as the intermediary party facilitating the users in the process of their trading with each other by guaranteeing the safety of the funds placed on the Overgear balance. Should a dispute appear, the web-site's arbitration takes on the obligation of facilitating the quickest resolve complying with the law and the issues of the current Agreement.
1.6 Overgear does not guarantee nor is responsible for the safety of the Buyer's gaming account (hereinafter - 'Account'), gaming valuables or any personal data delivered directly to the Seller or to Third Parties to access the service. However, it is possible that sanctions are used against the account of a Seller proven to violate the Buyer's personal data transferring rules.
1.7 Neither Overgear nor the Seller are responsible for the possible measures or sanctions against a gaming account applied by the administration of the game during or after the deal.
1.8 Sanctions refer to disciplinary measures taken against one or both Parties. These may be: Reducing the Buyer's or the Seller's rating; Fining; Temporary or permanent blocking of the account.
1.9 The Company has the right to revise this Agreement and to amend it unilaterally.
The Company undertakes to notify Users of such amendments by sending emails to the email address used by the User during registration.
The changes should come into force at the moment of sending such emails, as well as publishing a new version of the User Agreement on the Company's website. The date of the last publication is indicated on the Agreement publication page, on the Company's website at: https://overgear.com/info/ru/legal/user-agreement
1.10 Sharing of in-game accounts or accounts of any other services is not allowed on Overgear.
1.11 Terms and Conditions are represented in English and Russian. The English version prevails.2. Definitions
2.1 A Registered User is a User who has signed up with Overgear. They have the right to purchase the desired services, use their profile, manage the funds they've transferred onto their personal account (the funds can be returned to the bank requisites from which they originated), and they can count on Overgear's arbitrary support should any disputes occur.
2.2 A Seller is a User who has undergone the additional registration procedure, entered additional sign-up data and was granted the opportunity to post their offers, sell services and gaming items all over the trading platform as well as count on Overgear's arbitrary support should a dispute occur.
2.3 An Account is a user's personal account; a gaming account.
2.4 Service refers to goods that are sold by a seller to a buyer via the previously negotiated medium.
2.5 Occupational Risks are the possible risks occurring during the order completion (cancelling of the order by one Party, exceeding the guaranteed deadline, providing a service different from the ordered one). The consequences of the se situations are reviewed by Overgear's Arbitration by a Party's request.3. Overgear Account and User's Personal Data
3.1 Collecting and utilizing personal data is conducted in order to help Overgear provide security to both Parties and their material and virtual values during a deal.
3.2 Overgear does not oblige Users to provide their personal data. Data submission is a voluntary act and is necessary in the following cases: 1) When buying/selling goods or services via the trading platform; 2) To access the User's Profile; 3) To request and receive technical support or a dispute resolving by one of the Parties.
3.3 The following data can be requested for creating an account: Name, Last Name, Date of Birth, Home Country and Home Town, Phone Number and E-mail.
3.4 Should a dispute arise, to resolve it, the arbitrary representative may ask for registration data confirmation by requesting a photocopy/scan/photo of a personal identification document (citizenship passport, driver's license).
3.5 In order to receive the status of a Verified Seller, a User needs to provide a photocopy/scan/photo of a personal identification document (citizenship passport, driver's license).
- Confirms that the data provided belong to them personally;
- Accepts and confirms that every issue of this Agreement and the conditions of processing their personal data are clear;
- Agrees that the Website processes the personal data provided in order to create the User's personal account on the Website; agrees to terms and conditions of processing the personal data without any comments or limitations;
- Agrees to process their personal data, which means actuating the processes described in the General Data Protection Regulation (GDPR) and confirms that agreeing to terms and conditions is their act of free will and in their own interest.
3.7 The User's agreement to personal data processing is specific, informed and conscious.
3.9 - Accepting this user agreement, you confirm that no third party right is violated as a result of a product or offer placement on Overgear. These provisions apply to use any copyright objects, including trademarks, brand names, and trade information. Using copyright objects, you confirm having the necessary permission from their holders. Accepting the user agreement you also confirm rights on trading, distribution, and offer for sale of goods and services related to third party rights; confirm that such trading, distribution, or offers for sale do not violate third-party rights.
4.0 - The Overgear administration reserves the right to delete or edit any piece of information published on the website, including material that violates current legislation, violates third party rights, or is inappropriate from the administration's point of view.
4.1 - Overgear can cooperate with public or law enforcement bodies, and any third parties whose trademarks, brand names, trade information or any other copyright objects are used on the website. In cases of violation of current provisions, and in cases of public or law enforcement bodies' requests, and if there is a respective court's decision, Overgear has the power to disclose personal or contact information and block or delete the account of any user. Accepting these provisions, you agree not to impede processes of personal and contact information disclosure in the above-mentioned cases and agree not to bring claims to Overgear.4. Utilizing Overgear's Functions, Communication and Posting Information
4.1 The Web-site provides their intermediating services and also instruments for the Sellers to place their goods and services on the pages of the service. A Seller guarantees that they will post goods and services only in the corresponding sections.
4.2 A Seller has the right to post any necessary information in the item description or on their personal page. The information provided should be accurate. Any information submitted on the Overgear platform gains legal power and is regulated by the current Agreement. In case a Seller violates one of their rules or fails to deliver conditions discussed within the Overgear's chat, an arbitrary representative is entitled to applying sanctions: Reducing the rating or charging a fine.
4.3 The Web-site provides Buyers with a convenient and flexible interface for browsing suitable offers and further purchasing goods and services. A Buyer guarantees to follow issue 5.5 of the current Agreement or, in case of any disagreement with the results of the work, to request Overgear's arbitration.
4.4 All Parties guarantee polite and respectful treatment to each other.
4.5 Parties guarantee not to exchange and not to submit to the other Party their personal contact data except for the gaming data which includes: Username; server; any other information used for communication within the game.
4.6 In case of violation of 4.4 or 4.5, Overgear's arbitration is entitled to taking measures with or without notifying the User in advance.
6. Commissions entailed by utilizing the platform Withdrawing money from Overgear
- 5. Overgear Wallet. Parties' Obligations. Transactions between Parties.All payments on the Web-site are conducted via the virtual balance on the Overgear Wallet.
- To purchase goods or services, a User should have enough funds in their virtual Wallet to pay the price for the item set by the Seller.
- A User can transfer funds to your Overgear Wallet in your profile. You will also be offered to transfer the sum equal to the price of the item on the catalog being purchased by any of the means available on the website.
- The Web-site is responsible only or the funds in your Overgear Wallet, and is a guarantor only in cases covered by this Agreement and those employing Overgear Wallet. Making payments any other way outside the Overgear service is forbidden. An attempt may entail blocking the account.
- By transferring funds, the User recognizes and confirms that they are not buying a specific item or a service but are transferring funds onto the balance of the virtual wallet which is going to be used to pay for the goods or services being purchased.
- The Web-site is a guarantor in any deals made with the use of Overgear Wallet. The Guarantor services are provided from the moment the funds are transferred to the User's virtual balance up until they are further transferred to the other Party as a payment for a certain item or service. A User has the right to request the funds to be transferred back to their account within 48 hours after the completion of a deal, in case they were not satisfied with the quality of the service they had been provided or in case they've confirmed the completion of the order by mistake.
- In case 5.1 of the current Agreement or any of its sub-issues are violated, Overgear reserves the right to cancel the Agreement with the User and deny returning funds placed on Overgear Wallet partially or completely.
- In case the Seller starts processing the order later than discussed or exceeds the guaranteed deadline, the Buyer has the right to address a complaint to Overgear arbitration. If the Seller is proven guilty, the Buyer is entitled to a partial or complete refund to their Overgear Wallet. If the refund is partial, the size of the payment depends on the percentage of the job already done.
- In case of an emergency, the Seller must notify the Buyer of not being able to deliver the service in advance (at least 5 hours before the discussed starting time), explain the situation and offer a compromise.
- If the Seller refuses to deliver the order, measures and sanctions will be introduced against them, starting from rating reduction up to withdrawing money from their personal account. If multiple violations of this rule take place, the Overgear Administration is entitled to toughen the punishment, up to blocking the Overgear account.
- In case the Seller notifies the Buyer of their refusing to start the work right before the discussed time, a sum of money might be withdrawn from their account - up to 15% of the order cost - as a fine. If there is not enough money in the Wallet, the balance turns negative, and the funds are automatically withdrawn after the next transfer.
- The Buyer always has the right to refuse the service ordered (at least 5 hours prior to the discussed starting time) and get the funds spent returned to their Overgear Wallet.
- In case the Buyer refuses the service or refuses to accept the item right before the discussed starting time, the Seller is entitled to addressing Overgear arbitration to receive a compensation.
- By paying the Buyer confirms their complete and unconditional agreement to receive goods and services through the means discussed during deal negotiation.
- Up to the moment when the deal is over, the Buyer's funds are under the protection of Overgear Wallet and are finally transferred over to the Seller after the deal is complete and both Parties confirm all conditions were met.
- After the item is received, provided all conditions are met, each Party guarantees confirming that the conditions were met and tagging the order as complete.
- Once the order is confirmed complete, further appeals are impossible.
- If 4.2; 4.5; 5.2; 5.3; 5.5; of the current Agreement or the Rules for Sellers are violated, Overgear is entitled to refuse payment to the Seller, partially or completely.
6.1 Overgear is entitled to charge a commission of up to 12% of the amount of the executed transaction (hereinafter referred to as the "Platform Standing Commission") for providing the trading platform, tools, intermediary services and security of the transactions at the Platform.
6.2 The amount of the Platform Commission may depend on the type of services provided, the average sales volume, as well as in the case of various social promotions, of which the users will be informed in advance.
6.3 If the Currency of the Seller is different from the Currency of the Buyer, the Platform, in addition to the Fixed Platform Commission , may charge an additional 2% of the transaction amount paid to the Seller(hereinafter - the "Additional Platform Commission") when making settlements between the Seller and the Buyer.
The Currency of the Seller means the currency in which the Seller accepts the Seller's Fee on the Overgear wallet.
The Currency of the Buyer means the currency in which the Buyer makes payment to the Seller.
6.4 Simultaneous withholding of the Fixed Platform Commission and the Additional Platform Commission is made according to the formula:
Х - the Seller's currency rate according to the European Central Bank on the date of transaction
Y - the Transaction amount) in the Seller's currency
Example of simultaneous withholding of the Fixed Platform Commission and Additional Platform Commission:Given (conditions)
Calculation of the amount in Euro, which will be received by the Seller after deduction of the Fixed Platform Commission oand the Additional Platform Commissio
- The Seller's currency - Euro.
- The Buyer's currency - Russian ruble.
- The Transaction amount constitutes 1000 (one thousand) Euro.
- On the date of payment of the Transaction amount, euro is equal to 81.6042 roubles, in accordance with the exchange rate of the European Central Bank.
- The Buyer makes payment of the Transaction amount which constitutes 81604.2 rubles.
(81.6042*1000*88%)+(81.6042*1000*98%))/81.6042-1000 = 860 Euro
Total, the Seller receives 860 Euro.7. Dispute Resolution. Overgear Arbitration
7.1 Overgear Arbitration is an intermediary party and a guarantor in resolving any disputes between the Parties (the Users).
As an intermediary, Overgear Arbitration always tries to exercise non-biased arbitrary decisions.
7.2 If the rules of the Agreement or those discussed during negotiation of the transaction between the Users (i.e. transaction for purchasing Goods or Services at the Platform) are violated, each Party is entitled to file a formal complaint via the online form and address it to Overgear Arbitration. In this case Overgear Arbitration carries out a competent investigation of the dispute between the Parties (the Users). The Arbitration will consider claims made by both Parties (Users) and make a conclusion based on facts and proofs provided by the Parties.
7.3 Overgear is entitled to suspend the Buyer's Overgear Account when the Buyer systematically, on a repetitive ground, frequently applies to Overgear Arbitration after completion of transactions (i.e. purchasing Goods or Services) at the Platform claiming availability of any minor defects of the purchased Goods and/or Services.
The Platform will consider such actions of the Buyer in this case as not intended to protect the Buyer's rights as a consumer, but to take advantage of Overgear Arbitration by trying to obtain the maximum benefit (including material compensation from the Platform in the form of refund of the cost of Goods or Services) along with retaining the results of the purchased Services and/or the Goods.
7.4 Overgear is not responsible for the consequences caused by the suspending of the Buyer's account in accordance with the paragraph 7.3 above. In this case Overgear will be also entitled to cancel any refund of the cost of the Goods and/or Services.8. Cancellation Policy
On Overgear, customers (users) have the ability to cancel their order. When canceling an order, the user receives a full or partial refund to their Overgear balance.
The cases under which the user has the right to cancel their order are listed in this agreement:
9. Sanction and Fine Policy
- The seller does not respond and does not accept the order. In this case, the order can be canceled on "my orders" page, select the order and press "cancel order". You can cancel the order single-handedly only in the "New" status.
- The seller has accepted the order, but refuses to fulfill it. In this case, the customer should open the "my orders" page, select the order and file the request in arbitration. The appeal will be considered within 48 hours, with a full refund to Overgear balance.
- The seller accepted the order, started to implement, but for certain reasons cannot complete order. In this case, the customer should open the "my orders" page, select the order and file the request in arbitration. The appeal will be considered within 48 hours with a full or partial refund to Overgear balance.
- During the order fulfillment the customer has decided to cancel the order, in this case they are required to make an appeal to arbitration. The appeal will be considered within 48 hours, with full or partial refund, but in the current case, cancellation of the order may be denied if seller did not break any conditions.
9.1 If rules of the current Agreement, conditions discussed during deal negotiations are violated, or the guaranteed deadlines are exceeded, the Overgear Arbitration is entitled - after investigating the situation - to imposing sanctions to the Party proven to violate the aforementioned conditions.
9.2 Overgear Administration or Arbitration will notify the User of any actions or measures applied on them via e-mail and a notification on their Personal Account on Overgear.