General terms and conditions of sale and use
GENERAL TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by Golavy.com. Throughout the site, the terms “we,” “us,” and “our” refer to Golavy. Golavy 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.
By visiting this 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 and Conditions of Sale and Use,” “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, are vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically 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 e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you represent that you are of legal age in your country, state, or province of residence, and that you have given us your consent to allow any of your minor dependents to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any other code of a destructive nature.
Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion 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 prior written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The content of this site is provided for general information purposes only and should not be your sole source of information for making decisions without first consulting primary, more accurate, more complete, and more timely sources of information. Any reliance on the content presented on this site is at your own risk.
This site may contain certain historical information. Historical information, by its nature, is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or any third party for any price change, suspension, or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales 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 and 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. Any offer for any product or service made on this site is void where prohibited by law.
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.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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 placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, control, or influence.
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.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should review the terms and conditions under which these tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials 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 obligated to examine or evaluate the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, products, services, or other materials available on or from these third-party sites.
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. Please carefully review 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.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, to participate in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and shall not be obligated (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; or (3) to respond to any comments.
We may, but are under no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms of Service.
You agree to post comments that do not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive, or obscene material, nor will they 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 email address, impersonate any person or entity, or otherwise mislead us or any third party as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We assume no liability and accept no responsibility for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service 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 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 are under no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon 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 against anyone 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 will affect the functionality or operation of the Service or any related or independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, crawl, scrape, or scan the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating these prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or represent that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained through the use of the Service will be accurate or reliable.
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 prior 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 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, warranties, or conditions of any kind, express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. Golavy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever, including but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of your use of any service or product from this 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 arising out of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Golavy, 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 and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
If any provision of these General Terms and Conditions of Sale and Use is deemed illegal, void or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions of Sale and Use, such severance not affecting the validity and enforceability of any other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and responsibilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If we determine, in our sole discretion, that you have failed, or if we suspect that you have failed, to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use, or any other operating policies or rules that we post on this site or relating to the Service, constitute the entire agreement between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, shall be governed by and construed in accordance with the laws of Canada.
ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these General Terms and Conditions of Sale and Use 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 following the posting of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the General Terms and Conditions of Sale and Use should be sent to helpgolavy@gmail.com.