Terms of service

OVERVIEW

Welcome to GUMEYE! The terms ‘we’, ‘us’ and ‘our’ refer to GUMEYE. GUMEYE operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the ‘Services’). GUMEYE is powered by Shopify so that we can provide the Services to you.

The following terms and conditions, including all policies referred to herein (the ‘Terms of Service’ or ‘Terms’), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or the Privacy Policy, access to and use of our Services is not permitted.

ARTICLE 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you declare that you are of legal age in accordance with the laws of the state or province in which you reside and that you have given us permission to allow any minor family members to use the Services on devices that you own, purchase or manage.

To use the Services, including visiting or browsing our webshops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account login details and for all activities under your account. You may not transfer, sell, assign or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS

We strive to provide as accurate a description as possible of our products and services in our webshops. However, please note that the colours and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the settings and configuration of that device.

We do not guarantee that the appearance or quality of the products or services purchased by you will meet your expectations or correspond to the representation or description in our webshop.

All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographical region or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS

When you place an order, you are making an offer to purchase. GUMEYE reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted after GUMEYE has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it. GUMEYE may not be able to honour a request for cancellation after your order has been accepted. In the event that we do not accept, modify or cancel an order, we will attempt to notify you by contacting you via the email address, billing address and/or telephone number provided during the ordering process.

You may only return or exchange purchases in accordance with our refund policy [LINK].

You represent and warrant that your purchases are intended for personal use or use within your household and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING

Prices, discounts and promotions may be changed without prior notice. The price charged for a product or service is the price in effect at the time you place the order. This price is stated in the confirmation email you receive after your order. Unless explicitly stated otherwise, the stated prices do not include taxes, shipping costs, handling fees, customs duties and import duties.

The prices displayed in our webshops may differ from prices in physical stores, or in webshops or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates of your credit cards, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be honoured by the credit card company; and (iv) you will pay the charges incurred by you at the prices displayed, including shipping and handling costs and all applicable taxes, where applicable.

ARTICLE 5 - SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events beyond our control. Once we have handed the products over to the carrier, ownership and risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphic elements, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of GUMEYE, its affiliates or licensors, and are protected by patent, copyright and intellectual property laws in the United States and other countries.

These Terms allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright or other intellectual property of GUMEYE, Shopify or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted in these Terms are reserved by GUMEYE.

The names, logos, product names, service names, design elements and slogans of GUMEYE are trademarks of GUMEYE or its affiliates or licensors. You may not use such trademarks without prior written permission from GUMEYE. The name, logo, product names, service names, design elements and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans in the Services are trademarks of their respective owners.

 

ARTICLE 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or input into them.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

ARTICLE 8 - LINKS TO THIRD PARTIES

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your visit to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please review the policies and practices of the third party carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANTS: This article accurately describes Shopify’s relationship with your store and may not be removed or modified.]

GUMEYE uses Shopify to provide the Services to you. However, all sales and purchases made in our store are handled directly with GUMEYE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales-related interaction between you and GUMEYE, including any injury, damage or loss arising from purchased products or services. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or related to your purchases from and transactions with GUMEYE.

ARTICLE 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read the applicable Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit via the Services is transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than where you reside, in order to provide services to you. Please read our Privacy Policy [LINK] for more information on how we, Shopify and our partners use your personal information.

ARTICLE 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this licence to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service.

You represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not and shall not be under any obligation to (1) maintain your Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

 

ARTICLE 13 - PROHIBITED USE

You may only use the Services for lawful purposes. You may not access or use the Services, whether directly or indirectly, (a) for unlawful or harmful activities; (b) to violate any international, national, federal or provincial laws, regulations, rules or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or other persons; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to otherwise engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm GUMEYE, Shopify or users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharming, pretexting, spidering, crawling or scraping; and (e) interfere with or circumvent the security features of the Services, related websites, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without prior notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.

The following articles shall also survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should survive termination.

 

ARTICLE 15 - DISCLAIMER OF WARRANTIES

The information provided on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or anyone who may be informed of its contents.

UNLESS EXPRESSLY STATED BY GUMEYE, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES ARE LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUMEYE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless GUMEYE, Shopify and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from any costs relating to losses, damages, liabilities or claims, including reasonable legal fees, that must be paid to a third party as a result of or arising out of (1) your breach of these Terms of Service or documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you in the event of a claim giving rise to indemnification, provided that failure to give timely notice shall not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such claim at your expense, including the use of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You are required to cooperate in the defense of such claims, including by providing relevant documents.

ARTICLE 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

ARTICLE 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or provincial courts of the jurisdiction in which GUMEYE has its principal place of business. You and GUMEYE consent to the jurisdiction and personal jurisdiction of such courts.

ARTICLE 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@gumeye.com. 

Our contact details are listed below:

contact@gumeye.com