The following is the terms of the agreement between GUN-eX USA, Inc. (GUN-eX® brand) (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully. The materials contained on this Website and in the GUN-eX App (Software) are protected by applicable intellectual property laws.
Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. Hours of OperationThe GUN-eX® Team is generally available to assist you Monday through Friday, 8am to 5pm UTC.
If you have a question about a product we offer or would like assistance with a new order, our knowledgeable sales staff is available by calling 3057968759 during our Regular Business Hours. You may also send an email to email@example.com.
3. Payment Methods
GUN-eX® allows you to make your purchases using any of the payment methods described below.
All transactions, including returns, refunds and exchanges are performed in USD currency. Any foreign transaction fees resulting from currency conversion are the responsibility of the purchaser. If payment is made by bank wire, any fees charged by the purchaser’s bank or any intermediary banks between the purchaser’s bank and GUN-eX’s bank are the responsibility of the purchaser PayPal, Credit, Debit.
When you order online, you may pay by PayPal, credit, debit. If credit/debit card authorization is declined, your order is put on hold until a successful authorization is obtained. At GUN-eX’s discretion, your order may be cancelled.
Unless otherwise noted, shipping and handling charges will be shown as additional charges on your invoice.
We do ship to continental US addresses. If your country/state is not listed, please contact us at: firstname.lastname@example.org
All international and/or SPO shipping charges, including Returns for Warranty or Returns for Refund, are the sole responsibility of the customer.
5. Setup and Payment
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
7. Editing, Deleting, and Modification
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
8. Right to Refuse
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.
Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
By accepting these Terms and Conditions of Use, you agree that the use of GUN-eX products, the GUN-eX website alone or in conjunction with GUN-eX products, or the GUN-eX APP alone or in conjunction with GUN-eX products, even if used as instructed is only offered suggestively and cannot result in any liability to GUN-eX. For example, users given instructions as to the use of a GUN-eX product or performance of a set of exercises remain liable for any damage or injury to themselves, others, or to the exercising environment.
12. Refund Policy
If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within 14 days of receipt, to the following address: GUN-eX USA, Inc., 100SW 10th St, Ste 308, Miami, 33130, Florida, USA. To return or exchange your product, please give our Customer Service Team a call at 3057968759 or email email@example.com .In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 12 sets forth Buyer’s sole and exclusive right to refund.
13. Limitation on damagesIn no event shall GUN-eX or its suppliers be liable for any loss or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising out of the use or inability to use the materials on GUN-eX’s Website, the GUN-eX products, the GUN-eX App, or any reliance placed by you on the completeness, accuracy or existence of any advertising on our Website and/or the GUN-eX App, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website and/or the GUN-eX App, any permanent or temporary inaccessibility of the Website and/or the GUN-eX App/Software (or any features thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Website and/or the GUN-eX app.
These limitations on GUN-eX liability to you shall apply irrespective of whether GUN-eX has been advised of or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, GUN-eX may only be liable for a sum equal to the fees paid by you for any GUN-eX goods or apps.
14. Use of Information
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
15. Licence to GUN-eXBy posting or submitting content to our Website or an Official Social Media Page, you grant GUN-eX a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, reproduce, adapt, modify, translate, publish, to publicly perform, display or distribute (through multiple tiers,) to digitally transmit, store, or perform, such contributed content, and to further sell, modify, create derivative works from or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.
16. Governing Law
This Contract shall be treated as though it were executed and performed by the law of state of Florida and shall be governed by and construed in accordance with the laws of State of Florida (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 1 month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 11. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. By buying any goods or services you will agree THE TERMS OF THIS ONLINE AGREEMENT.