1. ABOUT THIS POLICY
1.1 Purpose. Most gear sold on ForGrabs will be used by children. This Prohibited Items and Gear Safety Policy ("Policy") sets out what may and may not be listed, and the extra rules for protective gear. The ForGrabs marketplace is operated by ForGrabs, a company registered in the State of Delaware ("ForGrabs", "we", "us" or "our").
1.2 Part of our Terms. This Policy forms part of our Terms and Conditions and expands on Section 7 of the Terms and Conditions. Capitalized terms not defined here, such as Item, Listing, Safety Gear, Condition Grade and Safety Check, have the meanings given in the Terms and Conditions. If this Policy conflicts with the Terms and Conditions, the Terms and Conditions prevail.
1.3 Seller responsibility. Sellers are responsible for making sure every Item they list is allowed, safe to sell and lawful. ForGrabs does not inspect Items.
2. WHAT YOU CAN SELL
2.1 Allowed Items. Pre-owned and new sports gear, equipment, apparel and footwear that is in usable condition, is accurately described and complies with this Policy, such as cleats, bats, gloves, balls, sticks, skates, rackets, training equipment, uniforms and team bags, and Safety Gear that meets Section 5.
3. PROHIBITED ITEMS
3.1 You must not list:
- Items subject to a recall, unless the recall remedy has been completed and documented in the Listing;
- Items banned by the U.S. Consumer Product Safety Commission;
- children's products that you know or suspect do not meet applicable federal safety requirements, including limits on lead in paint and surface coatings;
- counterfeit, replica or unauthorized goods, or Items with altered or removed brand labels or serial numbers;
- stolen goods, or Items you do not have the right to sell;
- firearms, ammunition, firearm parts, air guns, archery broadheads, knives and other weapons, even if sold for sporting use;
- fireworks, explosives, compressed gas cylinders and other hazardous materials;
- drugs, supplements, performance enhancers, medicines, medical devices, alcohol, tobacco and vaping products;
- used mouthguards, used protective cups, used undergarments and other used items worn in the mouth or against intimate areas;
- Items contaminated with mold, bodily fluids, pests or bed bugs;
- live animals, gift cards, tickets, memberships, digital goods and services;
- non-sports items, or listings that advertise other websites or sales outside ForGrabs; and
- any other Item whose sale is unlawful in the United States or in the state of the buyer or seller.
4. RESTRICTED ITEMS
4.1 Extra conditions apply to:
- Autographed and collectible items: the Listing must state any authentication certificate and its issuer. Unverified signatures must be described as unverified.
- Electronic training equipment: must work as described, with any battery intact and undamaged, and must be shipped in line with carrier rules for batteries.
- Team and school apparel: must not display a child's name or the name of a school or team in a way that could identify a child in the photographs.
- New items with tags: must be genuine and may be described as new only if unused.
5. SAFETY GEAR
5.1 What counts as Safety Gear. Helmets, face masks and cages, chest and body protectors, shin guards, shoulder pads, catcher's gear, goalie equipment, and any other Item whose main purpose is to protect the wearer from injury.
5.2 You must not list Safety Gear that:
- is cracked, dented, deformed or crushed, or has damaged shells, straps, buckles, liners or padding;
- has been involved in a significant impact, such as a crash or a hit that caused a concussion, or that you know or suspect has been;
- has been modified, painted, drilled or fitted with non-approved parts or stickers in a way the manufacturer warns against;
- is missing its manufacturer label, certification label, date of manufacture or required parts;
- is past the maximum age or service life the manufacturer specifies; or
- is a football helmet or other gear that the manufacturer or certifying body requires to be reconditioned and recertified periodically, unless its recertification is current and the Listing shows the recertification label.
5.3 Listing Safety Gear. For every Safety Gear Listing you must:
- photograph the certification label, model, size and date of manufacture clearly;
- state the age of the Item, how often it was used and whether it has had any impacts that you know of; and
- disclose any repairs or replaced parts.
5.4 Certification marks. Depending on the sport, certification marks may come from bodies such as the National Operating Committee on Standards for Athletic Equipment (NOCSAE) for football, baseball, softball and lacrosse equipment, or the Hockey Equipment Certification Council (HECC) for hockey equipment. Bicycle helmets sold in the United States must meet the Consumer Product Safety Commission's safety standard for bicycle helmets.
5.5 Safety Checks. For Safety Gear, a Condition Grade describes cosmetic condition only, and GearGrader also shows a Safety Check pointing buyers to the label, certification marks and recall information. Where GearGrader cannot identify an item of Safety Gear with confidence, it does not give a Condition Grade. A Safety Check is general guidance only. ForGrabs never tests, certifies or approves Safety Gear.
6. RECALL CHECKS
6.1 Before you list. Check every Item against the Consumer Product Safety Commission recall database at https://www.cpsc.gov/Recalls and against the manufacturer's recall notices.
6.2 Before you use. Buyers should repeat the check before using an Item, and register Safety Gear with the manufacturer where it offers registration.
6.3 Recalls after sale. If you learn that an Item you sold or bought on ForGrabs has been recalled, tell us at contact@itsforgrabs.com so that we can notify the other party where possible.
7. ADVICE FOR BUYERS
7.1 Before your child uses gear. Inspect gear before every use, check fit against the manufacturer's sizing guidance, and replace protective gear when the manufacturer recommends. Ask your child's coach or league whether the gear meets league rules, as many leagues have their own equipment requirements. If in doubt, do not use the Item.
8. ENFORCEMENT
8.1 Our action. If we reasonably believe a Listing breaks this Policy, we may remove it, cancel any Order and refund the buyer under the Buyer Protection and Refund Policy, hold payouts, and limit, suspend or close the seller's account under the Terms and Conditions.
8.2 Authorities. We may report unlawful or unsafe Items to the Consumer Product Safety Commission, law enforcement or the rights owner where we believe this is required or appropriate.
9. REPORTING
9.1 How to report. Use the report option on any Listing or email contact@itsforgrabs.com with a link to the Listing and the reason for your report.
10. CHANGES AND CONTACT
10.1 Changes. We may update this Policy as laws, safety standards and our marketplace change. The updated Policy applies to new Listings from its Effective Date, and we may ask sellers to update or remove existing Listings that no longer comply.
10.2 Contact. Questions about this Policy can be sent to contact@itsforgrabs.com.