Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Gearloose Lapidary Inc. The terms "we", "us" and "our" refer to Gearloose Lapidary Inc. Gearloose Lapidary Inc. operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Gearloose Lapidary Inc. is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers 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. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 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 you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to the device, display, or settings you use.
We do not warrant that the appearance of products purchased will be identical to photographs or other representations shown on our website.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Gearloose Lapidary Inc. reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until we confirm acceptance and process your payment.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been processed or shipped.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided with the order.
Purchases are subject to our Return and Refund Policy.
You represent and warrant that your purchase and use of our products will comply with all applicable laws and regulations.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be shown in your order confirmation.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs duties, import taxes, brokerage fees, or other charges imposed by a destination country or carrier.
Prices offered through our online store may differ from prices offered through distributors, dealers, promotions, or other sales channels.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases.
You represent and warrant that the payment information you provide is true and correct, that you are authorized to use the payment method, and that charges incurred will be honored by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY
All delivery dates and transit times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, weather, governmental actions, incorrect or incomplete customer-provided address information, or other events outside our reasonable control.
International customers are responsible for applicable customs duties, import taxes, VAT, brokerage charges, and other fees imposed by the destination country or carrier unless expressly stated otherwise at checkout.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product information, videos, audio, and the design, selection and arrangement thereof, are owned by Gearloose Lapidary Inc., its affiliates or licensors and are protected by applicable U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as otherwise permitted by law.
Nothing in these Terms grants a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Gearloose Lapidary Inc., Shopify, or any third party.
Gearloose Lapidary Inc.'s names, logos, product names, designs, and slogans are trademarks or intellectual property of Gearloose Lapidary Inc. or its licensors and may not be used without prior written permission.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to tools offered by third parties as part of the Services that we neither monitor nor control.
You acknowledge and agree that access to such tools is provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.
Your use of optional third-party tools is at your own risk and discretion, and you should review the terms under which those tools are provided.
We may offer new features, tools, or resources through the Services in the future. Such features will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites.
If you leave our Services to access third-party materials or websites, you do so at your own risk.
We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content offered through third parties. Questions or complaints regarding third-party products or services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Gearloose Lapidary Inc. is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Gearloose Lapidary Inc.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Gearloose Lapidary Inc., including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Gearloose Lapidary Inc.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.
Information submitted through the Services may be transmitted to Shopify and other service providers as necessary to operate our store, process transactions, fulfill orders, provide customer service, prevent fraud, and provide other Services.
Please review our Privacy Policy for additional information regarding how personal information is collected and used.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for purposes related to operating, improving, or promoting our Services.
You represent and warrant that you own or have the necessary rights to any Feedback you submit and that your Feedback does not violate applicable laws or the rights of third parties.
We may monitor, edit, or remove Feedback that we determine is unlawful, offensive, defamatory, obscene, infringes intellectual property rights, or otherwise violates these Terms.
You are responsible for the Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, subject to applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services to violate any applicable law or regulation; infringe upon intellectual property or other rights; harass, abuse, threaten, defame, or harm another person; transmit false or misleading information; distribute malware or malicious code; send spam or other unauthorized solicitations; impersonate another person or entity; collect personal information of others without authorization; interfere with the security or operation of the Services; or engage in conduct that restricts or inhibits another person's use of the Services.
You may not circumvent security or authorization measures used to protect the Services.
We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.
SECTION 14 - AGENTS
This section applies if you use or cause the deployment of autonomous or semi-autonomous software or services ("Agents") to access or interact with our Services.
Agents must accurately identify themselves where technically required, must not conceal or misrepresent automated activity, and must not circumvent CAPTCHAs, access restrictions, security measures, or other systems intended to control automated access.
We reserve the right to limit or prohibit automated access to our Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion as permitted by applicable law. You will remain responsible for amounts properly due through the date of termination.
Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, liability, indemnification, governing law, and privacy.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of all information presented through the Services.
EXCEPT AS EXPRESSLY STATED BY GEARLOOSE LAPIDARY INC. AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEARLOOSE LAPIDARY INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Gearloose Lapidary Inc., Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable attorneys' fees arising from your breach of these Terms, violation of applicable law or the rights of a third party, or misuse of the Services.
We will provide reasonable notice of an indemnifiable claim and may control the defense and settlement of such claim, subject to applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms without affecting the validity of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms of Service and policies or operating rules posted on our site constitute the agreement between you and us regarding your use of the Services and supersede prior agreements or communications relating to the Services.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with applicable United States federal law and the laws of the State of Arizona, without regard to conflict-of-law principles.
Subject to applicable law, disputes arising from these Terms or the Services shall be brought in the appropriate state or federal courts located in Arizona.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service on this page.
We reserve the right to update, change, or replace portions of these Terms by posting updates to our website. Material changes will be communicated when required by applicable law.
Your continued use of the Services following the effective date of changes constitutes acceptance of the revised Terms to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Gearloose Lapidary Inc.
1103 W Fairmont Dr
Tempe, AZ 85282
United States
Email: support@gearlooselapidary.com