Terms & Conditions

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company's current privacy policy can be found by clicking here [https://gearupairsoft.com/index.php?route=information/information&information_id=3]. Company's privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide an e-mail and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

3. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID or e-mail. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must contact the Company at to info@ gearupairsoft.com. When contacting us, please be sure to provide us with your exact email address, name, address and/or telephone number(s) in order to ensure a quick and effective response to your request.

8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

9. NO WARRANTIES AS TO THE SITE. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. PRODUCT WARRANTIES AND POLICIES. Unfortunately we are unable to provide warranty for products sold online or in store at this time however we can assist in providing the manufacturer's contact information if warranty is available through the manufacturer.  Customers are allowed to inspect all purchase items before purchasing in store. Please make sure you read and understand  these policies before purchasing from Gear Up Airsoft.

11. RETURN POLICY.

11.3 A 20% restocking fee will be applied on all return or exchange product(s).

11.4 We do not guarantee fitment or colour variations for all parts and accessories as manufacturer specifications may vary.  Some modifications may be required.  

RETURN & EXCHANGE POLICY FOR ONLINE PURCHASES

11.5 Buy with confidence.  All airsoft guns purchased online undergoes our mandated 10-point mechanical and appearance testing and inspection prior shipping.   If there are any issues after you receive your item, contact us within 48hrs to info@gearupairsoft.com and we will try our best to solve the problem for you. 

 For orders outside of Canada. We are not responsible for any customs/duty charges and the legality of the product in your country.  If the product is deemed illegal to import to your Country/Location by the customs for whatever reason, the customer is responsible for the return shipping (with tracking number) to our store address.  There will be no refund given if it is confiscated/seized by the Customs/Authority.  Please check and understand your local laws and requirements.

All airsoft gun, grenades, launchers, combat gears and body kits are FINAL SALE, therefore we do not accept returns or exchanges.

11.6  For online orders, we offer 7 days return/exchange period for certain products.  The 7 days return period starts when the parcel is received based on tracking information from the postal service provider.  Please refer to the table below for detailed return/exchange information:

11.7 All returned item(s) must be in its original packaging.  Returned item(s) must be in 100% brand new and in unused condition. A 20% restocking fee will be applied on all return or exchange product(s). 20% charge is also applied to all pre-ordered items.

11.8 The original shipping cost will not be refunded and the return shipping cost is covered by the sender (ie. customer).

11.9  All returns must be packaged properly with generous amount of packing material to avoid damage during shipping.  All rifle or pistol boxes must be well covered when shipped.

11.10 We are not responsible for any returns that are lost, stolen or damaged during transit.  Once your return has been processed, you will be contacted via e-mail.  Accepted returns will be replaced or credited to your account.

11.11 All returns require a RMA# before returned. Unauthorized returns will be discarded if unclaimed with 30 days.  Please fill out and submit our RMA form for any return item(s).  Once we receive and accept the return form, we will provide instructions for the return process.

11.13 We do not guarantee the condition of the packaging/box of the product being shipped.

11.14  We do not guarantee fitment for all parts and accessories as manufacturer specifications may vary.  Some modifications may be required.  

11.15  Once the order is placed, the order fulfillment process cannot be interrupted to make any changes such as add, change, or cancel.  You can submit a return after the order is delivered.  All postal costs will be covered by the customer.  A 20% fee will be applied for cancelations. 20% charge is also applied to all pre-ordered items.

11.16 If you need to update your shipping address or shipping method after your order is placed, please Call or email us right away during our store hours.  

12. RECOMMENDATIONS. For the best use of Gearupairsoft.com's products, please use high grade Airsoft BBs sold by Gearupairsoft.com, Madbull, or the equivalent brands 0.2g or higher. Any use of low grade or low weight BBs may cause extensive damage to your gun. Additionally, Gearupairsoft.com recommends the use of high quality batteries and smart chargers.

13. LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

16. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or its Products, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. COPYRIGHT. All contents of Site or Service are: Copyright © 2014 Gearupairsoft.com, all rights reserved.

18. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of Canada and the province of Ontario, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the provincial or federal courts in Ontario in all disputes arising out of or related to the use of the Site or Service.

19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

21. ONTARIO USE ONLY. The Site is controlled and operated by Company from its offices in the province of Ontario. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Ontario.

22. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

23. ORDER AND SHIPMENT POLICIES. All orders are shipped via Canada Post with tracking number.  Canadian orders over $300 CAD (before taxes and shipping) are eligible for Free Shipping. For boxing week sale, free shipping on rifles and pistols will not be available. Free shipping only applies to destinations in Canada that are accessible by ground routes. Those areas accessible only by air are exempt from this offer. Those postal codes starting with the following are possibly serviced only by air: A0K, G0G, J0M, P0L, P0V, R0B, S0J, T0H, T0P, V0J, V0N, V0P, V0R, X0A, X0B, X0C, X0E, Y0B. If your area is serviced only by air, then free shipping offer does not apply and we will contact you at the email address or phone number you provided regarding the costs of your shipment. Certain restrictions apply on overweight and over sized items.  All shipping costs are automatically calculated through our system.  If there are any discrepancies on the shipping cost, we will contact you via email regarding the costs of your order.  We are not responsible for delays caused by unexpected circumstances such as strikes, weather conditions, acts of god etc. We usually require 2-3 business day to process an order before it is shipped.  We are not responsible for any damages or lost caused en route by handling of the packages.  $100 insurance coverage is included in the shipping cost.  Additional insurance is available for $1.50 per $100 increase in coverage.  All damages or losts will be claimed through the Postal Service Provider.

Once the order is in the processing stage, the order fulfillment process cannot be interrupted to make any changes such as add, change or cancel.  You can submit a return after order is delivered.  All postal costs will be covered by the customer.  If you need to update your shipping address or shipping method after your order is placed, please Call or email us right away during our store hours.  

For orders outside of Canada. We are not responsible for any customs/duty charges and the legality of the product in your country.  If the product is deemed illegal to import to your Country/Location by the customs for whatever reason, the customer is responsible for the return shipping (with tracking number) to our store address.  There will be no refund given if it is confiscated/seized by the Customs/Authority.  Please check and understand your local laws and requirements.

24. DISCLAIMER ON COUPON CODES. Gearupairsoft.com coupon codes are randomly offered to provide consumers with additional savings. No rain-checks are allowed on coupon codes. Only one coupon code can be used per order. Coupon codes are not applicable for on-sale and MAP items, and cannot be combined with any other ongoing special or promotion. For a complete list of excluded products from the coupon code discounts, please visit our "COUPON CODES" page.

25. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.