Terms and Conditions for the Online Sale of Goods
This page contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you. Please read it carefully.
By placing an order for products from this website, you accept and are bound by these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
You may not order or obtain products from this website if you fail to agree to these Terms and Conditions, are not at least 18 years of age, or are prohibited from accessing or using this website or any of its contents or products by applicable law.
These Terms and Conditions (“Terms”) apply to the purchase and sale of products through gusti.ca (the “Website”). These Terms are subject to change by Gusti International, Inc. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, at our sole discretion. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes and will apply to all orders made on or after the effective date of the new Terms. It is your responsibility to check this page periodically for changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the product(s) to you. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Gusti International, Inc. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our Customer Service Department at firstname.lastname@example.org.
3. Prices and Payment Terms
(a) All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept American Express, VISA and Master Card credit cards as well as Google Pay and Paypal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments and Delivery
(a) We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. (b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds
Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition and have not been worn or used. For more information on our refund policy and how to receive a refund, please visit our exchange & refund policy.
6. Limited Warranty
Gusti International makes no warranties for its products and disclaims all other warranties, express or implied. In case you have received a product with a defect(s) from our webstore, please follow the directions under the exchange and refund page.
7. Goods Not for ReSale
You agree to comply with all applicable laws and regulations of the various provinces of Canada. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Quebec without giving effect to any choice or conflict of law provision or rule of the Province of Quebec that would cause the application of the laws of any jurisdiction other than those of the Province of Quebec.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Gusti International.
13. No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Gusti International, Inc. 8484 L'Esplanade Montreal, Montreal QC H2P 2R7, Canada . We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
16. Entire Agreement