This website is operated by Gema&Co. Throughout the site, the
terms “we”, “us” and “our” refer to Gema. Gema 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 our 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”),
including those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject
to the Terms of Service. You can review the most current version of the Terms of Service
at any time on this page. We reserve the right to update, change or replace any part of
these Terms of Service 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 online e-commerce platform
that allows us to sell our products and services to you.
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, or that you are 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 this site. You may not use our products for any illegal or
unauthorized purpose nor may you, 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 or viruses or any code of a destructive nature. A breach or violation of any of
the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer 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 express written permission by us. The
headings used in this agreement are included for convenience only and will not limit
or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents 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 at any time. We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Certain products or services may be available exclusively online through the 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 at the store.
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 that we offer. All descriptions of products or product pricing are subject
to change at anytime without notice, at the sole discretion of us. 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. 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.
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 under 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 e-mail and/or billing address/phone number provided at the time the
order was made.
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 and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as needed. For more
detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input. 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.
Any use by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the terms
on which tools are provided by the relevant third-party provider(s). We may also, in the
future, offer new services and/or features through the website (including, the release
of new tools and resources). Such new features and/or services shall also be subject to
these Terms of Service.
Certain content, products and services available via 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 responsible for examining or
evaluating the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for any
other materials, products, or services of third-parties.
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
review carefully 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
If, at our request, you send certain specific submissions (for example contest entries)
or 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 agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2)
to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or these
Terms of Service. You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or 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 e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our
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 undertake no obligation to update, amend or clarify information in the Service or
on any related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, 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 based on gender, 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 of any related website, other websites,
or the Internet; (h) to collect or track the personal information of others; (i)
to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for violating any
of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results that may
be obtained from 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 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 delivered to you through the service are (except
as expressly stated by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or implied,
including all implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Gema, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, 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 any similar damages,
whether based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the 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 incurred as a result of the use of the service
or any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Gema and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless 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 of Service or the documents they incorporate
by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall
be deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes. These Terms
of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer
wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts due
up to and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
The failure of us 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 constitutes 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).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the law.
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 Service following the posting
of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.