Terms of service

OVERVIEW
Welcome to Gusto39! The terms “we,” “us,” and “our” refer to Gusto39. Gusto39 operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Gusto39 is built on Shopify, which allows us to provide the Services to you.

The terms and conditions set forth below, along with any policies referenced herein (collectively, these “Terms of Service” or “Terms”) describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as disclaimers of warranties and limitations of liability.

By visiting, 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 to these Terms of Service or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of 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 the Services on devices that you own, have purchased, or manage.
To use the Services, including accessing or browsing our online shops or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, and billing, payment, and shipping information. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you are fully authorized to provide such information.
You are solely responsible for the security of your account login credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to display the colors and appearance of our products and services in our online shops as accurately as possible. However, we note that the colors or appearance of the products may differ from those displayed on your screen due to the device you use to access the shop, as well as its settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or that any inaccuracies in the appearance or quality of products will be corrected.
All product descriptions are subject to change at any time and without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to any person, in any geographic region, or within any jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Gusto39 reserves the right to accept or reject your order at its sole discretion for any reason. Your order is deemed accepted only upon confirmation by Gusto39. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting it, as Gusto39 may not be able to accommodate cancellation requests after an order has been accepted. If we are unable to accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of order.
The return or exchange of your purchases is subject exclusively to our Return Policy [LINK].
You represent and warrant that your purchases are for your personal use or for use within your household and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time of the order and will be reflected in the order confirmation email you receive. Unless expressly stated otherwise, the prices listed do not include taxes, shipping, handling, customs, or import duties.
Prices listed in our online shops may differ from prices in brick-and-mortar stores or in online shops or other shops operated by third parties. We may offer promotions for the Services from time to time that may affect pricing and for which different terms and conditions apply than these Terms. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use such credit card for the purchase, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the prices indicated, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we have handed over the products to the shipping carrier, ownership and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, trade names, text, graphics, images, illustrations, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Gusto39, its affiliates, or licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms of Service permit you to use the Services solely for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Services without our prior written consent. Except as expressly provided herein, no provision of these Terms of Service grants you a license or other rights to any patents, trademarks, copyrights, or other intellectual property of Gusto39, Shopify, or any third party, nor may any such grant be inferred from these provisions. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Gusto39.
The Gusto39 names, logos, product and service names, designs, and slogans are trademarks of Gusto39 or its affiliates or licensors. You may not use these trademarks without the prior written permission of Gusto39. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third-party providers as part of the Services, which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms and conditions 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.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionalities). We do not review or evaluate the content or accuracy of materials or websites of third parties, which you access at your own discretion. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damages or losses incurred by your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third-party’s policies and practices and make sure 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.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately characterizes Shopify’s relationship with your shop and should not be removed or altered].
Gusto39 is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make in our shop are directly with Gusto39. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Gusto39, including any breaches, damages, or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or related to your purchases and transactions with Gusto39.

SECTION 10 – PRIVACY POLICY
Any personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Additionally, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. Data that you submit to the Services will be shared with Shopify, as well as with third-party providers, who may be located in countries other than the country in which you reside, to provide the Services to you. Our Privacy Policy [LINK] provides further information on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, testimonials, plans, or other materials (collectively, “Feedback”), you grant us an irrevocable, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or fully control all Feedback content, or have the necessary rights to grant the license herein; (ii) you have disclosed any compensation or incentive you received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms of Service. We are under no obligation to (1) treat any Feedback confidentially, (2) pay compensation for any Feedback, or (3) respond to any Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Service.
You represent that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further represent that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, and will not contain computer viruses or other malware that could in any way affect the operation of the Services or any related website. 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.

SECTION 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, product 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 at any time without prior notice (even after you have submitted your order) if any information in the Services or on any related website is inaccurate.

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purposes; (b) to violate or encourage others to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit material that does not conform to these Terms of Service, or knowingly receive, upload, download, use, or reuse material that does not conform to these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar unsolicited communication; (h) to impersonate or attempt to impersonate any natural or legal person, or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm or expose Gusto39, Shopify, or users of the Services to liability.
Furthermore, you agree not to: (a) upload or transmit any 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 Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend or terminate your account at any time without notice if we determine that you have violated any part of these Terms of Service.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You will remain liable for all amounts due up to the date of termination.
The following sections shall survive the termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility that arises from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY Gusto39, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ORDINARY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Gusto39, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, 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 SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Gusto39, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, and expenses, including reasonable attorneys’ fees, payable to third parties, arising out of or in connection with (1) your breach of these Terms of Service or the documents they incorporate 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 of any indemnifiable claim, provided, however, that our failure to provide prompt notice shall not relieve you of your obligations hereunder unless you are materially prejudiced thereby. We may control the defense and settlement of any such claim, including the choice of counsel, but shall not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing relevant documentation.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and 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.

SECTION 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, superseding 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).
In cases of ambiguity in the interpretation of these Terms of Service, they shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate any of your rights or obligations under these Terms of Service without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the federal and state or provincial or territorial courts of the country in which Gusto39 is headquartered. You and Gusto39 agree to the jurisdiction and venue of such courts.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and have no bearing on these Terms of Service.

SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
If you have any questions about the Terms of Service, please contact us at luigi@gusto39.com.
Our contact information is as follows:
[INSERT TRADING NAME]
luigi@gusto39.com
[INSERT BUSINESS ADDRESS]
[INSERT COMPANY TELEPHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT NUMBER]