OVERVIEW
This website is operated by GELWATERGUN. Throughout the site, the terms "we", "our", and "us" refer to GELWATERGUN. GELWATERGUN offers this website, including all information, tools, and services available on this site to you, the user, provided that you accept all the terms, conditions, policies, and notices stated here.
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 any additional terms and conditions and policies referenced here and/or available by hyperlink. These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or content contributors.
Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of use. If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
Any new feature or tool added to the current store is also subject to the terms of service. You can view the most recent version of the terms of service at any time on this page. We reserve the right to update, modify, or replace any part of these terms of use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to be aware of changes. Continuing to use or access the website after changes are posted constitutes acceptance of those changes.
Our store is hosted on the Shopify Inc. site. They provide us with the online e-commerce platform that allows us to sell you our products and services.
SECTION 1 - ONLINE STORE TERMS
By accepting these terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any minor under your care to use this site.
You may not use our products for illegal or unauthorized purposes and you may not, in using the service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit worms or viruses or any code of a destructive nature.
A violation or breach of any of the conditions will result in immediate termination of your services.
SECTION 2 - GENERAL TERMS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (except for credit card information) may be transmitted in clear text and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or affect these terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any use of the information contained on this site is at your own risk. The images on the site are not contractual. The package may differ upon delivery from what is shown.
This site may contain certain historical information. Historical information is necessarily not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes made to our site.
SECTION 4 - SERVICE AND PRICE CHANGES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time and without notice.
We are not responsible to you or any third party for any modification, price change, suspension, or discontinuation of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online on the website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colors and images of our products appearing in the store. We cannot guarantee that the display of any color on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices may be changed at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.
We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, nor that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event of a modification or cancellation of an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, dealers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and their expiration dates, so that we can process your transactions and contact you if necessary.
For more details, please consult our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you access to third-party tools that we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide you access to these tools "as is" and "as available" without any warranty, representation, or condition of any kind and without any endorsement. We will have no liability whatsoever arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered by the site is entirely at your own risk and you must ensure that you know and approve the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the site (including the provision of new tools and resources). These new features and/or services will also be subject to these terms of use.
SECTION 8 - THIRD-PARTY LINKS
Some content, products, and services available through our Service may include elements from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and do not guarantee and will have no liability for third-party materials or websites, or for any other third-party materials, products, or services.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 10 - PERSONAL INFORMATION
The submission of your personal information through the store is governed by our privacy policy. To view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
It may happen that information on our site or in the Service contains typographical errors, inaccuracies, or omissions that may concern product descriptions, prices, promotions, offers, product shipping fees, transit times, and availability. We reserve the right to correct any error, inaccuracy, or omission, and to modify or update the information or cancel orders if any information in the Service or on any linked website is inaccurate, at any time and without notice (including after you have submitted your order).
We do not undertake to update, modify, or clarify information on the Service or any linked website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any linked website should be construed to indicate that all information in the Service or on any linked website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the terms of use, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in illegal acts; (c) to violate any local, international, federal, provincial, or state regulations, rules, laws, or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any other website, or the Internet; (h) to collect or track the personal information of others; (i) for spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any other website, or the Internet. We reserve the right to terminate your use of the service or any linked website for violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from using the service will be accurate or reliable. You agree that we may from time to time suspend the service for indefinite periods or cancel the service at any time, without notice.
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 provided to you through the service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall GELWATERGUN, 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 but not limited to lost profits, revenue, savings, data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any product obtained through 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) displayed, transmitted, or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or 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.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GELWATERGUN and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms of Use is found to be illegal, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Use, which shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and responsibilities of the parties contracted before the termination date shall survive the termination of this agreement for all practical purposes.
These terms of use remain in effect until terminated by 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 to comply with, or we suspect you fail to comply with, any term or provision of these terms of service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the termination date; and/or as a result, we may deny you access to our services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
The fact that we do not 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 use and all policies or operating rules we publish on this site or concerning the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the terms of use).
Any ambiguity in the interpretation of these terms of use shall not be construed against the drafter.
ARTICLE 18 - APPLICABLE LAW
These terms of use and any separate agreement by which we provide you services shall be governed and construed in accordance with French law.
ARTICLE 19 - CHANGES TO TERMS OF SERVICE
You can view the most recent version of the terms of use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these terms of use by posting updates and changes on our website. It is your responsibility to check our website regularly for any changes. Your continued use or access to our website or the service after any changes to these terms of use have been posted constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions regarding the terms of service should be sent to us at the address contact@gelwatergun.com .