Terms & Conditions
These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Gutex srl In consideration of your use of and access to this Internet site, Gutex ‘s mobile services, Gutex’s’s telephone ordering and voice response unit services, Gutex’s’ software applications downloaded to your desktop, GUTEX email addresses, and other websites and services on which these Terms are posted or expressly referenced (“GUTEX Services”), and the promises and obligations herein, and intending to be legally bound, you and GUTEX hereby agree as follows:
Your access to and use of the GUTEX Services is subject to these Terms, which incorporate the separately posted Privacy Statement and other policies, as well as any modifications to them issued by GUTEX and all applicable laws and regulations. If any of the GUTEX Services set forth separate or additional terms and conditions of use, privacy statement, or other policy (“Separate Terms”), then those Separate Terms as modified from time to time shall apply in connection with your use of that GUTEX Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE GUTEX SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the GUTEX Services.
GUTEX Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the GUTEX Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the GUTEX Services contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
1. Changes in Terms
GUTEX shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the GUTEX Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the GUTEX Services.
You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by GUTEX to these Terms. ANY ACCESS OR USE OF THE GUTEX SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than GUTEX shall be valid or enforceable against GUTEX unless expressly agreed to by GUTEX in a writing signed by a duly authorized officer of GUTEX
These Terms are effective until terminated by GUTEX. GUTEX may terminate these Terms without notice and at any time in connection with any of the GUTEX Services. In the event of termination, you are no longer authorized to access those GUTEX Services, and the restrictions
imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
GUTEX shall also have the right without notice and at any time to terminate some or all of the GUTEX Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the GUTEX Services or any feature or portion thereof.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the GUTEX Services and your purchase of products or services through them. You must be at least 18 years old to use the GUTEX Services.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by GUTEX on or through the GUTEX Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or typographical errors or may be out of date. GUTEX may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on GUTEX any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by GUTEX or by third parties that have licensed their use to GUTEX You may view and use the Content only for your personal information and for shopping and ordering on or through the GUTEXS services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, GUTEX does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through GUTEX Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by GUTEX is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the GUTEX copyright agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on GUTEX website, including the GUTEX item number, if applicable;
- Your address, telephone number, facsimile number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owners, its agent, or the law;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owners.
5. Linked Third Party Sites
Links to other Internet sites operated by third parties, including GUTEX vendors, do not constitute sponsorship, endorsement, or approval by GUTEX of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by GUTEX and GUTEX is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
GUTEX will add shipping and handling fees and applicable sales/use tax. All our shipping fees are calculated based on the volumetric weight of the product. The volumetric weight of a product is: Width x Length x Height in centimetres / 5000 = Volumetric Weight in kilogramsزInternational shipping outside the GCC may attract taxes and duties which will be paid by the consignee. Please contact your local authorities for further information.
GUTEX reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the GUTEX Services without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the GUTEX Services do not imply endorsement of that product or service, or constitute a warranty, by GUTEX
The receipt by you of an order confirmation does not constitute GUTEX’s acceptance of an order. Prior to GUTEX’s acceptance of an order, verification of information and approval of the order may be required. GUTEX reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from GUTEX, for any reason. GUTEX reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, GUTEX shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether 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 cancelled, GUTEX shall promptly issue a credit to your credit card account in the amount of the incorrect price.
We accept payments online using Visa and MasterCard credit/debit card in your local currency .
The risk of loss and title for all products purchased by you and shipped by GUTEX pass to you upon GUTEX’s delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of GUTEXs vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
7. Disclaimer and Limitation of Liability as to the SHOPPINGITALIAOK.com Site and Content
GUTEX MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE GUTEX SERVICES OR ANY LINKED SITE OR IT’S CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. GUTEX ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE GUTEX SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GUTEX SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE GUTEX SERVICES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE GUTEX SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties
UNDER NO CIRCUMSTANCES SHALL GUTEX, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE CITRUSS SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF CITRUSS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Disclaimer and Limitation of Liability as to Products and Services
GUTEX wants you to be completely satisfied with your purchase through the GUTEX Services. If for any reason you are not entirely pleased with a product you purchased through the GUTEX Services, simply return it within 14 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 14 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY GUTEX ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, GUTEX MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, GUTEX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE GUTEX SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL GUTEX, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE GUTEX SERVICES, EVEN IF CITRUSS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GUTEX’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless GUTEX, GUTEX’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the GUTEX Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the GUTEXS Services or any product or service provided to you arising out of or relating to your use of the GUTEX Services.
Except as otherwise expressly provided herein or in GUTEX’s separately posted Privacy Statement, any communication or material you transmit to GUTEX through the GUTEX Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary and may be used by GUTEX, GUTEX’S vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, GUTEX, GUTEX vendors, and their affiliates and related entities are free to use any Submissions contained in any communication you send to GUTEX through the GUTEX Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such Submissions. GUTEX has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
11. Mobile Services
The GUTEX Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from GUTEX, and access certain other features (collectively the “Mobile Services”). Although GUTEX does not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that GUTEX may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to GUTEX. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages GUTEX intends to send to you are not sent to another person who acquires your former mobile telephone number. The number of Text Alerts you’ll receive will vary based on your selections and the frequency that you place orders with GUTEX
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by GUTEX of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
GUTEX shall not be liable for any non performance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.