Gaiaheartworkz Online Store Terms & Conditions
PLEASE BE AWARE OF THE FOLLOWING TERMS & CONDITIONS, TERMS AND CONDITIONS OF USE AND DISCLAIMER WHEN USING THIS WEBSITE (hereinafter “this site").
1.2 The information contained in this Site, including but not limited to the rules that govern the use of the Site, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.
2. COPYRIGHTS AND TRADEMARKS
2.1 This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of Gaiaheartworkz Online Store and protected by international copyright laws. All software used on this site is the property of Gaiaheartworkz Online Store. Third Party content providers also own copyrights in the content original to it.
2.2. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, recompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part.
2.3.A You may download or copy materials of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made.
2.3.B Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of Gaiaheartworkz Online Store or any other copyright owner.
2.4 You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site. The Gaiaheartworkz Online Store website and logo are poduct- and trademarks of Gaiaheartworkz. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
3. OUR ELECTRONIC COMMUNICATIONS TO YOU
You agree to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for such communications be in writing.
4. ORDER ACCEPTANCE
4.1 Lodging an order with Gaiaheartworkz Online Store is complete in case you receive an order number with the order confirmation via email along with your payment in full of the order amount.
4.2 Gaiaheartworkz Online Store reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer.
4.3 Verification of information may be required prior to the acceptance of any order.
4.4 Prices and availability of products on the Site are subject to change without notice.
5. PRODUCT DESCRIPTIONS
5.1 Gaiaheartworkz Online Store, its distributors and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is complete, current, or error-free.
5.2 Errors will be corrected when discovered, and Gaiaheartworkz Online Store reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
6. AGE RESTRICTIONS
Our website is a general audience sites. Children under the age of 12 should always ask their parents or guardians for permission before providing any personal information to anyone online, including to our website. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web. By making a purchase, you are agreeing that you are at least 18 years of age (or supervised by a legal guardian) and legally bound to these terms and conditions.
7. USE OF THIS SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Gaiaheartworkz Online Store or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
8. LINKS TO OTHER SITES
Gaiaheartworkz Online Store makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or Web sites linking to this Site.
9. SHIPPING POLICY & CUSTOM FEES
9.1 Our general manner of shipping is through international general postal services. Therefore, the delivery is carried within each country by such national postal service. In the USA delivery is carried out by (www.usps.com).
9.2 Our general shipping includes insured shipping with a Tracking Number that enables you to keep track of your package.
9.3.1 In the USA delivery is carried out by United States Postal Services and you can track your package via www.usps.com and opt to indicate any additional specific delivery needs.
9.3.2 In Canada delivery is carried out by "Canada Post" and you can track your package via www.canadapost-postescanada.ca .
9.3.3 In Australia delivery is carried out by "Australia Post" and you can track your package via https://auspost.com.au/ .
9.3.4 In the United Kingdom delivery is carried out by "Parcel Force" and you can track your package via https://www.parcelforce.com/
9.3.5 For the shipping to other countries we will inform you after shipping which national postal service in your country is delivering it to you.
9.4 If you prefer to have your product shipped in another way you can let us know. Payment for that needs to be agreed upon and paid by you.
9.5.1 In general our products fall within product-categories that do not prompt additional Custom Fees. Outside the EU, such as in the United Kingdom, Custom Fees may apply. Gaiaheartworkz is not responsible for any additional Cusstom Fees levied on our products and they need to be paid by the customers.
10. DELIVERY, CANCELLATION & RETURN POLICY
Since the products of Gaiaheartworkz Online Store are all manufactured AFTER an order is lodged, please be aware of the following:
10.1 The items you ordered are placed in the Queue for production within 5 Business Days AFTER you placed your order.
10.2 Delivery of the items you ordered can take between 8-12 weeks.
10.3 Due to the outbreak of COVID-19 in 2020 and the issues it has been causing worldwide in many segments the delivery time could result in 2-4 weeks additional time on top of the time-frame mentioned in 10.2.
10.4 Cancellation can only take place within 5 Business days after the order was lodged. You will then get a 100% refund of the order amount.
10.5 If an order was shipped and you choose to return it, or if you refused it upon delivery for reasons other than damage, you will be liable for the following:
A. cancellation fee of 25% of the purchase amount of the items.
B. 100% of the shipping fees. This consists of the shipping fees of the products(s) out to you and the cost of bringing the product(s) back to our distribution center. Since freight companies may require advance payment for the return shipping fees the customer will be obliged to provide payment directly to the freight company prior to return-shipment.
We will provide you with a Cancellation Invoice which states the applied amounts, and will refund you the difference of the amount you paid minus the actual cancellation costs.
10.6 Please measure the by you requested products prior to ordering. Ordering the correct size, model, and thickness of a bedding-product is the responsibility of the customer.
10.7 Redelivery: If you miss your delivery appointment, the freight carrier may notify you of a new date through a notice. The decision to and determination how to redeliver is solely that of the freight carrier. Your item(s) may be redelivered to Gaiaheartworkz Online Store if AFTER 6 WEEKS you miss you appointment or if the freight company is unable to contact you. In the event this occurs, the cost of return shipping may be deducted from your refund.
10.8 Refusal of delivery: You will be responsible for the total shipping costs for the refusal/return of any non-defective or undamaged item(s) 30 days after purchase. This includes shipping to you and return shipping. If fees are not paid in advance, they will be deducted from your refund.
11. DAMAGED/DEFECTIVE PRODUCTS
11.1 We take great care in getting your products to you as quickly and safely as possible. However, we ask that you please exhibit due diligence when signing for delivery.
11.2 If the item is damaged or if damage is found, clearly note it on the delivery receipt and write "refused due to damage." Do not accept delivery. Damage must be documented on the refused delivery paperwork. Be sure to keep your copy and contact your distributor or us immediately.
12.3 If you suspect damage, please call us or your distributor or us before signing the delivery receipt.
12.4 By signing for the delivery, you state that you accept the product in its present condition.
12.5 If, upon opening a package, you find damage or defect related to the product, you must notify us within 5 business days.
12. WARRANTIES AND DISCLAIMERS
Gaiaheartworkz Online Store intends for the information and data contained in the Site to be accurate and reliable. However, since the information and data have been compiled from a variety of sources, it is provided "AS IS." You expressly agree that your use of this site is at your sole risk. Gaiaheartworkz Online Store expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by this site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement.
13. INDEMNIFICATION/LIABILITY NOTICE
In no event shall Gaiaheartworkz Online Store or its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if Gaiaheartworkz Online Store has been advised or should have known of the possibility of such damages or losses.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countires liability is limited to the fullest extent permitted by law.
14. APPLICABLE LAWS & INCLUSION OF ARBITRATION.
14.1 This Web site is operated by Gaiaheartworkz Online Store from its office in The Netherlands. The law of The Netherlands shall govern these terms and conditions, without reference to its choice of law rules
We are however open to arbitration as a first means to settle any disputes to be able to rule on those in the best reasonable manner. Both parties can come to an agreement on the manner in which this can be carried out.
14.2 Gaiaheartworkz Online Store makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Conditions of Use, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Conditions of Use could be subject to criminal or civil penalties. Use of this site constitutes acceptance of these Terms and Conditions. All rights reserved.