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Terms of service


Gelato Pique Terms of Service

YOU MUST READ ALL TERMS CAREFULLY BEFORE USING OUR WEBSITE. YOU MAY NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN GELATO PIQUE SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON AT ALL. 


Welcome to the Gelato Pique Website. Throughout the Website, the terms “we”, “us” and “our” refer to the websites or any website, owned or operated by Gelato Pique, or its affiliates or subsidiaries, that link to these terms, as well as to the services offered by Gelato Pique, including this website and any other features, content, services, product sales, or applications offered from time to time by Gelato Pique in connection with the Website (collective, the “Services”). Gelato Pique offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (for example our Privacy Policy). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 


Any new features or tools which are added to the current site shall also be subject to the Terms of Service. We strongly encourage you to review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page frequently for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. 


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to 

you. 

 




INTELLECTUAL PROPERTY

The trademarks used in connection with Gelato Pique’s business and/or displayed on the Website are owned by Gelato Pique and are protected by U.S. Federal trademark laws and various international laws. These trademarks may include, among others, our logos/designs, marks and slogans. You may not use or register, or otherwise claim rights in any Gelato Pique trademark, including in or as part of any trademark, service mark, company name, trade name, username or domain registration. Our trademarks and copyrights, and those of our affiliates, may only be used with express written permission which may be revoked at any time. The contents of the Website, including the text, photographs, videos, and other audiovisual materials, are also protected under U.S. copyright laws and various international laws and treaties. Gelato Pique is proactive about enforcing its intellectual property rights, and any unauthorized use of its intellectual property is strictly prohibited.

You may access, browse and use the Website and Website Content only for your use on a computer, mobile phone or other internet-compatible device to enable you to use the Website. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Website Content, except:

  •       As expressly authorized by Gelato Pique in writing;
  •       To temporarily store files that are automatically cached by your web browser for display enhancement purposes;
  •       To print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication or distribution;
  •       To share the Website or updates of the Website, or to link to a reasonable number of pages of the Website, provided you do so in a way that is fair and legal and which does not damage or which does not take advantage of our reputation in any way, and provided you do not establish a link to Gelato Pique in such a way as to suggest any form of association, approval or endorsement by Gelato Pique. We reserve the right to withdraw any linking permission in our sole discretion at any time and without notice.

Section 1 – General Conditions


By accessing, browsing or otherwise using the Website, you (i) acknowledge that you have read, understood, and agreed to be bound by these Terms and that you agree to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are at least of majority age in your State and have the legal capacity to enter into a contract in the jurisdiction where you reside, and/or (iii) that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. 

Again, you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

A breach or violation of any of the Terms of Service will result in an immediate termination of your Services. 

We reserve the right to refuse service to anyone for any reason at any time. Furthermore, your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Note that credit card information is always encrypted during transfer over networks. 


BROWSING, CHECKOUT AND ACCEPTANCE OF ORDERS

 You place the Order for the Merchandise by using the Checkout ordering process. This involves selecting the Merchandise, placing it in the shopping cart/basket and transmitting the order by clicking on the “PAY AND PLACE ORDER” button (or similar button) on the Checkout. This process permits you to check and amend any errors before making an order by using the “back” button.

To place an Order, you must be at least at the age which enables you to bind yourself to contracts per local legal requirements in the place where you reside. By placing an Order, you confirm that you meet this requirement.

The information contained in these Terms and the data contained on the Website and Checkout do not constitute an offer to sell, but rather an invitation to contract. Once you have placed your Order, it will be acknowledged via an email which will contain the relevant details of your Order. Please note, this e-mail does not constitute an acceptance of your Order to buy the Merchandise – it only constitutes an acknowledgement of your Order. Your Order is not accepted (and therefore no commitment is made to provide you with the Merchandise), and no contract for the sale of such Merchandise shall come into effect, until your Order is specifically accepted and a confirmation email is sent ("Order Confirmation"). Order confirmation is subject to fraud checks and certain other mandated regulatory checks (such as ‘Denied Parties Screening’).

 

If the payment method you selected at Checkout supports an authorization mechanism (e.g. most credit/debit cards), then when you place your Order the applicable amount will only be authorized. You will be charged only after the Merchandise has been dispatched to you

EXCHANGE RATE

 Exchange rates may be set and updated regularly, and you acknowledge that such updates may affect Merchandise pricing on the Checkout. The price of the Merchandise will be the price (according to the applicable exchange rate) at the time you actually place your Order via the Checkout, as displayed on the Checkout.

FULFILMENT, HANDLING AND DELIVERY OF ORDERS

Not all Merchandise can be delivered anywhere (due to limitations imposed on the Merchandise or by the destination) but the Checkout will not permit you to submit your Order if the Merchandise cannot be delivered to your specified address.

Delivery will be complete when the Merchandise will be delivered to the address which you specify when ordering (that may include the port of entrance to the destination as specified on the Checkout, in case you have selected not to pre-pay Import Charges).

 Different parts of your order may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on Checkout (or on the Websites) are estimates only. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances (pre-order for example). Delivery timeframes are affected by your delivery address and the delivery method selected. Gelato Pique unable to specify an exact delivery date and time.

Gelato Pique has no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its reasonable control. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside Gelato Pique’s control, as well as delays resulting directly from your actions or omissions.

If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. Efforts will be made to deliver your merchandise according to the details in the Order.


IMPORT CHARGES

Products delivered to destinations outside the United States may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. The recipient of your Order is responsible for all customs formalities for the import of the Products and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside the United States. The recipient of the goods, not the person placing the Order, will typically receive a separate request for payment of these charges. If you’re ordering Products to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges





PAYMENT METHODS

You may pay with the payment methods specified at Checkout. The availability of such payment methods is dependent on your geographical location. When being charged, the descriptor you will see shall include Gelato Pique as GP’ and will substantially look like this: **GP/Merchant**. Payments in relation to the Merchandise could be made to an intra-group affiliate as our agent, and such payment will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.

You acknowledge and agree that: (i) you will be charged by Gelato Pique or one of its third party payment processors ("Payment Processor"), through the payment method you have selected at Checkout for such Order and such other amounts payable under these Terms 



Section 2 – Changes to the Terms of Use 


Again, we may change, modify, add, or remove portions of these Terms at any time. We recommend that you review this Website periodically as any changes will become effective immediately upon being posted and will be reflected at the top of this page, where it says, “Effective Date.” If you object to any changes, you may close your account, discontinue the use of our website and/or contact us with your questions or concerns. Continuing to use our website and/or Services after we publish changes to these Terms means that you consent to the changes.


Section 3 – Accuracy of Information on our Websites


The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Reliance on the material on any of our websites is at your own risk. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, and have no obligation to update any information on our Website. It is your responsibility to monitor changes to our Website. 


Section 4 – Service and Fee Modifications


Prices are subject to change without notice. We reserve the right to modify or discontinue our Services (or any part or content thereof) without notice at any time. We are not liable to any third-party, or you, for any modification, price change, discontinuance of Services or suspension of Services at any time. 


Section 5 – Privacy Policy 


We respect your privacy and we take the protection of your privacy very seriously. Our Privacy Policy constitutes a part of these Terms and explains how we may collect, utilize and disclose personal information that we learn about you as a result of your interaction with us through the Websites. Please review our Privacy Policy here.


Section 6 – Your Account Information


You must provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order you place with us and we may, in our sole discretion, limit or cancel quantities purchased per person, per order, or per household. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by unauthorized dealers, distributors, or resellers. 


Section 7 – Products and Services - Limited Availability


Any offer for any product or service made on this site is void where prohibited. Certain products and/or services may be exclusively available online and may have limited quantities and are subject to return or exchange only according to our Return Policy). We make every effort possible to accurately display the colors and images of products that appear in our store but we cannot guarantee that your digital device’s display of any color will be accurate.  We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We reserve the right, but are not obligated, to limit the sales of our products and Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 


For more detail, please review our Returns Policy. 

Section 8 – Users Outside of the United States


Your information, including personal information, collected through our Website is stored and processed in the United States or any other country in which our service providers maintain facilities. If you live outside the United States (including in the European Union, Japan, Switzerland or the United Kingdom) or other regions with laws governing data collection and use that may differ from U.S. law, and you use the Services or provide us with personal information directly via the Websites, you do so on your own initiative and are responsible for compliance with United States federal, state, and local laws. Your information will be handled in accordance with our Privacy Policy and these Terms. The laws of the United States also will govern the processing of your personal information, including any obligations of security and third-party information sharing. By using the Services or giving us your information, you consent to the transfer of information to the U.S. or any other country in which Gelato Pique service providers maintain facilities and to the use and disclosure of information about you as described in our Privacy Policy. PLEASE NOTE THAT THE DATA PROTECTION AND PRIVACY LAWS OF THE UNITED STATES MAY NOT BE AS PROTECTIVE AS THE LAWS IN YOUR COUNTRY. OUR WEBSITES PLACE COOKIES AND LOCAL SHARED OBJECTS ON YOUR COMPUTER OR DEVICE AS DESCRIBED IN OUR PRIVACY POLICY, AND OUR PRACTICES MAY NOT COMPLY WITH YOUR COUNTRY’S LAWS RELATED TO THE USE OF COOKIES.


Section 9 – Optional Tools


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 


Section 10 – Third Party Links 


The Website contains links to websites of this third parties, including without limitation, advertisements of third party products and services and “buy” links to third party vendors or retailers to purchase products or services featured on the Websites. If you use these links, you will leave the Website. These third parties and their websites are not under our control and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant, promote or endorse, or otherwise make any representation about them, their services or products or their owners or operators, and we do not assume any responsibility or liability whatsoever related to your access or use of such websites. Furthermore, we will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We recommend that you exercise your own judgment when using these websites, and that you review carefully the third-party's policies and practices, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 


Section 11 – Linking to Our Websites 


You agree that if you implement a link to any of our Websites (whether from another website or otherwise), such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Website. You may not link directly to any Website Content by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Website, or any page of the Website, to be ”framed”, surrounded or obfuscated by any third-party content, materials or branding. You may not include a link to any aspect of the Websites in an email for commercial purposes, without the express written permission of Gelato Pique. You may inquire about obtaining permission by email or writing at:

We may, at any time and for any or no reason at all, require that any link to any of our Websites be discontinued and removed and revoke your right to link to our Websites.


Section 12 – Other Submissions

If, at our request, or without a request from us, you send submissions (for example, contest entries) creative ideas, proposals, plans, or other any materials, whether online, by email, by postal mail, or any other delivery service not mentioned, these materials (collectively, 'correspondence') may be used at any time, and without restriction, we may edit, copy, publish, distribute, translate and otherwise use in any medium any of the correspondence that you forward to us. We are and shall be under no obligation (1) to maintain any correspondence (as defined above) in confidence; (2) to pay compensation for any correspondence; or (3) to respond to any correspondence. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your correspondence will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your correspondence will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any correspondence. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 


Section 13 – Errors and Omissions 

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

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 


Section 14 – Prohibited Uses

You warrant and agree that, while accessing or using our Websites, you will not: 

 

  •       Misrepresent your age;
  •       Use an inappropriate username or screen name;
  •       Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Website, Gelato Pique, or any other person or entity otherwise affiliated with us;
  •       Use the Website to advocate for the use of controlled substances or the use of products or Services offered or promoted on the Website in connection with controlled substances;
  •       Insert your own or a third party’s advertising, branding or other promotional content, including junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, into any Website Content;
  •       Solicit passwords or personal information for commercial or unlawful purposes from other users;
  •       Obtain or attempt to gain unauthorized means of accessing, logging-in or registering on the Website, or obtaining lists of users or other information from or through the Website, including, without limitation, any information residing on any server or database connected to the Website; 
  •       Engage in any automatic or unauthorized means of accessing, logging-in or registering on the Website, or obtaining lists of users or other information from or through the Website, including, without limitation, any information residing on any server or database connected to the Website;
  •       Use the Website or its features and Services in any manner that could interrupt, damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers;
  •       Use the Website in violation of our intellectual property or other proprietary or legal rights or the rights of any third party;
  •       Use the Website or its Services in violation of any applicable law;
  •       Attempt to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Website or its Services;
  •       Post, transmit, publish or otherwise disseminate through the Website any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, discriminatory or racially, ethnically or otherwise objectionable, or infringes our rights or any third party’s intellectual property rights or other rights; (ii) is derogatory or harmful to the reputation of Gelato Pique or any of its respective officers, members, employees, representatives, licensors and/or suppliers, in any way, (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any matter;
  •       Encourage, promote, support or enable any other individual to do any of the foregoing. 
  •       In addition to other prohibitions as set forth above, you are strictly prohibited from using the site or its content: (a) for any other unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;  (c) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;  (e) to spam, phish, pharm, pretext, spider, crawl, or scrape; (f) for any other obscene or immoral purpose not mentioned above; or (g) to interfere with or circumvent any other security feature of the Service or any related website, other websites, or the Internet. We reserve the right in our sole discretion to terminate your use of the Service or any related website for violating any of the prohibited uses. 

Section 15 - Disclaimer of Warranties; Limitation of Liabilities 


You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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 our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

In no case shall Gelato Pique, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 


Section 16 - Indemnification 


You agree to indemnify, defend and hold harmless Gelato Pique and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 


Section 17 – Severability  


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


Section 18 - Termination 


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 


Section 19 – Entire Agreement 


These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communication and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 


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


Section 20 – 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 laws of the United States. 


Section 21 – Contact Information 


Questions about the Terms of Service should be sent to us at: [email protected]