THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. SECTION 17 (ARBITRATION) OF THESE TERMS REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, INSTEAD OF A JURY TRIAL OR CLASS ACTION, AND LIMITS THE TIME PERIOD IN WHICH YOU MAY BRING A CLAIM AGAINST US. SECTION 14 (DISCLAIMER OF WARRANTIES) AND SECTION 15 (LIMITATION OF LIABILITY) OF THESE TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. If you do not agree to THESE terms, please do not use the Website.
Before using the Website, please read these Terms carefully. By using the Website or by clicking to accept or agree to the Terms, you agree to these Terms, and represent and warrant that you reside in a jurisdiction where your use is legal and that you are of legal age to form a binding contract with G|FASHION. If you do not agree to these Terms, you must not access or use the Website.
We may revise and update these Terms from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, if we make material changes to these Terms, we will notify you through a notice on our Website or direct communication to you via email. Your use of the Website following any modifications or amendments to these Terms signifies your acceptance of such modifications or amendments.
- PRODUCT AND PRICE INFORMATION
Product, price and related information on the Website is valid only for the dates and at the locations indicated. We strive to ensure that product and price information on the Website is up to date and accurate, but we cannot guarantee the accuracy of such information. We will address any inaccuracies as soon as we learn of them. In the rare case of a pricing error, the customer will be notified of the error and the correct price, and (a) if we have not yet charged you, we will give you the option to continue with the purchase or decline to continue with the purchase, or (b) if we have already charged you, we will refund the price you paid. The inclusion of any products or services on the Website at a particular time does not guarantee availability, as inventory and product availability can vary.
Product information, packaging, and materials as depicted on the Website may vary from actual appearance. For information about a product, please read its actual label and/or product packaging and/or contact us for more information. We make reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
- PURCHASES AND RETURNS
All purchases are subject to our terms of sale, shipping, and returns policies, which can be reviewed on our FAQ PAGE / SHIPPING AND RETURNS PAGE.
Our Website may allow you to purchase products using certain cryptocurrencies, including Himalaya Dollars (also known as “H Dollars” or “HDO”) and Himalaya Coins (also known as “H Coins” or “HCO”). Our Website may facilitate these purchases through integration with Himalaya Exchange, a platform available through a third party website available at himalaya.exchange (the “Himalaya Site”) that allows the trading and exchange of certain fiat currencies and cryptocurrencies. Your use of the Himalaya Exchange is subject to the terms and conditions and policies of the Himalaya Site. Links from our Website to the Himalaya Site and any other third party cryptocurrency website or resource are governed by Section 11 (Links to Third Party Websites).
The prices on our Website do not include any fees or other charges imposed by the Himalaya Site. You will be responsible for any such fees or charges, including any blockchain related transaction fees, such as gas fees, and any transfer fees for any fiat currency charged by the Himalaya Site. Your purchase using cryptocurrency will use the exchange rate on the Himalaya Site in effect for your cryptocurrency at the time of your purchase. Our standard returns policy also applies to any purchase using cryptocurrency.
Your use of any cryptocurrency in connection with our Website is at your sole discretion and risk. We do not require or encourage your use of cryptocurrencies. You acknowledge that use of cryptocurrencies involves a high degree of risk, is speculative, and may result in loss of part or all of the value used to obtain the cryptocurrency. Cryptocurrencies, and the blockchain technology on which they are based, are new and rapidly changing, and therefore may contain technical flaws and may be susceptible to malicious cyber attacks. G|FASHION is not responsible for any loss or theft of, or inability to use, any cryptocurrencies or blockchain assets.
- ACCESSING THE WEBSITE AND ACCOUNT SECURITY
If you choose to create an account, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity (other than your immediate family members who have registered under your G|CLUBS Member Account, if any). Your account is personal to you and you agree not to provide any other person with access to the Website through your account (other than your immediate family members, as described in this section). You will notify us immediately (but in no event more than twenty-four (24) hours following discovery) of any unauthorized access to or use of your account, username or password or any other breach of security. You will also ensure that you exit from your account at the end of each session. Please use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We may suspend or disable any account, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms or your use threatens the security or another user’s use of the Website.
- G|CLUBS MEMBER SAVINGS
If you have a G|CLUBS Membership, you may be eligible to receive savings exclusive to G|CLUBS Members. In order to activate these benefits, you must provide your G|CLUBS Member ID for our verification.
- USER UPLOADED CONTENT: OWNERSHIP AND USE
You may use the Website to upload certain documents or other data or content in connection with your use of the Website (“User Uploaded Content”). You represent and warrant that you are the exclusive owner of the User Uploaded Content or have secured the necessary rights or permissions to submit the User Uploaded Content for use in connection with the Website. Ownership of the User Uploaded Content shall remain exclusively with you or original underlying owner thereof.
By uploading any User Uploaded Content on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, and worldwide license to host, use, reproduce, modify, perform, display, distribute, creative derivative works of, and otherwise disclose to third parties the User Uploaded Content and any data or materials contained therein, in whole or in part, for any business purpose. By uploading User Uploaded Content, you acknowledge and agree that other users may access and view such content for the purpose of utilizing the Website. You understand and acknowledge that you are responsible for any User Uploaded Content you submit or contribute, and you bear full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Uploaded Content posted by you or any other user of the Website.
- WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Other than User Uploaded Content, all Website content, features, and functionality thereon, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, “Site content”), are owned by G|FASHION, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except as explicitly set forth in these Terms, no right, title or interest in or to the Site Content is transferred to you, and, as between you and G|FASHION, all rights not expressly granted are reserved by G|FASHION. Any use of the Website not expressly permitted by these Terms is a breach hereof and may violate copyright, trademark and other laws.
G|FASHION, the G|FASHION logo, and all related names, logos, product and service names, designs, and slogans on the Website are registered and unregistered trademarks and trade names of G|FASHION or its affiliates or licensors. You will not use such marks without the prior written permission of G|FASHION. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to do any of the following:
- use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- use the Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- impersonate or attempt to impersonate G|FASHION, one of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
- use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- reproduce, link to, frame, mirror, data scrape, distribute, or transmit the Site Content or any portion of the Website, except as explicitly permitted by these Terms or the Website;
- use any device, software or routine that interferes with the proper working of the Website;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- otherwise attempt to interfere with the proper working of the Website; or
- use the Website in any way that is in violation of any contract or agreement between you and G|FASHION.
- COPYRIGHT INFRINGEMENT
If you believe that any material contained in the Website infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement that we receive and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to us at copyright@gfashion,com. To be effective, the notification must be in writing and contain the following information, as set forth in DMCA, 17 U.S.C. 512(c)(3): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Website; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) 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; (vi) 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.
- LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
The Website may contain certain social media features that enable you to do the following:
- link from your own or certain third-party websites to certain content on the Website;
- send e-mails or other communications with certain content, or links to certain content, on the Website; or
- cause limited portions of Site Content to be displayed or appear to be displayed on your own or certain third-party websites.
We reserve the right to withdraw linking or any other permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. Subject to the foregoing, you must not do any of the following:
- establish a link from any website that is not owned by you;
- cause the Website or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website;
- link to any part of the Website other than the homepage;
- otherwise take any action with respect to the Site Content that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
- LINKS TO THIRD PARTY WEBSITES
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- NON-CONFIDENTIAL COMMUNICATION
- SYSTEM UNAVAILABILITY
Part or all of the Website may be periodically unavailable during scheduled maintenance or unscheduled downtime (collectively, “Downtime”). G|FASHION is not liable or responsible for any inconvenience or losses as a result of Downtime.
- DISCLAIMER OF WARRANTIES
Information contained or made available on the Website may be incorrect or not current. The information presented on or through the Website is provided for general information purposes. We do not warrant and hereby disclaim any warranty related to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. If you notice any errors or omissions in the information contained on the Website, please report them to us for investigation.
Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Website will be uninterrupted or error free or that the Website or sites to which the Website links will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE AND SITE CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND THE SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY OF INFORMATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEBSITE, OR THE CONTENT OR ANY HYPERLINKS PROVIDED THEREON.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL G|FASHION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (THE “G|FASHION PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THESE TERMS OR THE WEBSITE, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE G|FASHION PARTIES TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THESE TERMS OR THE WEBSITE WILL NOT EXCEED $100 U.S. DOLLARS.
Nothing in this section will be interpreted as excluding liability that cannot under applicable law be excluded.
You agree to defend, indemnify and hold harmless the G|FASHION Parties from and against any third party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms or your use of the Site Content, (ii) any User Uploaded Content, (iii) your violation of the rights of a third party, or (iv) any negligent acts, omissions or intentional wrongdoing by you. The applicable G|FASHION Party will (a) notify you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperate with you in the defense or settlement thereof; and (c) allow you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.
THIS SECTION CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT ANY CLAIM RELATING THESE TERMS, THE WEBSITE, OR YOUR ACCOUNT SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION, NEITHER YOU NOR G|FASHION WILL HAVE THE RIGHT TO LITIGATE CLAIMS IN COURT, OR TO HAVE A JURY TRIAL ON THE CLAIMS. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED, BUT THE ARBITRATOR CAN AWARD DAMAGES AND RELIEF AS PERMITTED UNDER THESE TERMS.
To the fullest extent permitted by law, any dispute, cause of action, claim or controversy arising out of or relating to these Terms, the Website, your account, the validity and enforcement of this provision, or the determination of the scope or applicability of these terms to arbitrate (referred to in this section as a “Dispute”) that can be subject to arbitration, shall be resolved exclusively pursuant to the process and arbitration clause set out in this section. Any Disputes between you and G|FASHION shall be resolved through binding arbitration; except that, if you are a U.S. resident, you may assert claims in small claims court (if such claims qualify).
Any arbitration between you and G|FASHION shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures if you reside in the United States and JAMS’ International Arbitration Rules if you reside outside the United States, to the extent that those rules do not conflict with this provision. You may obtain a copy of these rules by contacting JAMS at 1-800-352-5267, by writing to JAMS at 620 Eighth Avenue, 34th Floor, New York, NY 10018 or online at www.jamsadr.com or www.jamsinternational.com.
ANY CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT BOTH YOU AND G|FASHION ARE PROHIBITED FROM JOINING OR CONSOLIDATING CLAIMS IN ARBITRATION BY OR AGAINST OTHERS UNLESS BOTH YOU AND G|FASHION AGREE OTHERWISE IN WRITING, AND YOU AND G|FASHION ARE PROHIBITED FROM ARBITRATING ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. BY ENTERING INTO THESE TERMS, YOU AND G|FASHION ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. The arbitration will take place before one arbitrator. The arbitration shall (i) be conducted by telephone, online and/or be solely based on written submissions, with the specific manner chosen by the party initiating the arbitration; and (ii) not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. The arbitrator will be mutually agreed upon by you and G|FASHION. If you and G|FASHION cannot agree on an arbitrator, the arbitrator will be appointed according to JAMS procedures. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND G|FASHION BOTH WAIVE ANY RIGHT TO A JURY TRIAL.
You may elect to hire an attorney, but are not required to do so. You and G|FASHION agree to begin any arbitration under these Terms within one year after the claim first arose; otherwise, the claim is waived.
The party that initiates the arbitration will pay the filing fee and all other administration, case management and arbitrator fees associated with the arbitration through payment directly to JAMS (unless otherwise dictated by JAMS due to a finding of hardship). At the end of the arbitration, the fees paid by the initiating party may be allocated between you and G|FASHION at the direction of the arbitrator in compliance with JAMS procedures.
In the event of any arbitration or other legal proceeding involving a Dispute, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and expenses in addition to any other available remedy.
All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Any decision of the arbitrator shall be final. Judgment on the award may be confirmed and enforced by any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. G|FASHION’s liability is limited as described above, to the fullest extent permitted by applicable law.
All arbitration proceedings are confidential, unless both you and G|FASHION agree otherwise. Arbitration orders and awards required to be filed with applicable courts of competent jurisdiction are not confidential and may be disclosed by the parties to such courts. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order of proper jurisdiction.
- GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the United States. We make no claims that the Website, use of the Website, or any of the Site Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- GOVERNING LAW
Any dispute between the parties, including without limitation all matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by these Terms and the laws of the State of New York and applicable United States law, without giving effect to any choice or conflict of laws provision or rule (whether of the State of New York or any other jurisdiction) that may provide for the application of the law of another jurisdiction. G|FASHION and you further agree that the state or federal courts in New York County, New York have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.
- WAIVER AND SEVERABILITY
No waiver by G|FASHION of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of G|FASHION to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- ENTIRE AGREEMENT AND CONFLICTING PROVISIONS
The Terms constitute the sole and entire agreement between you and G|FASHION with respect to your use of the Website.
- RELATIONSHIP OF THE PARTIES AND ASSIGNMENT
Neither these Terms nor the Website create a partnership, joint venture, employment, or other agency relationship between us. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. Any assignment in violation of this section is void.
- YOUR COMMENTS AND CONCERNS
If you have comments, questions or requests for technical support, please contact us at: firstname.lastname@example.org
Last modified: [April 6, 2022]