Terms of service
These Terms of Service (“Terms”) govern your access to and use of thomasgutier.store and any related products, features, communications, and services provided by Thomas Gutier (“Thomas Gutier,” “we,” “us,” or “our”).
By visiting our website, placing an order, creating an account, or otherwise using the Services, you agree to these Terms.
If you do not agree to these Terms, do not use the Services.
1. ELIGIBILITY
By using the Services, you represent that you are at least the age of legal majority in your jurisdiction or that you have permission from a parent or legal guardian.
You may not use the Services for an unlawful, fraudulent, abusive, or unauthorized purpose.
2. ONLINE STORE TERMS
You may not:
• Use our products or Services for an unlawful purpose;
• Violate applicable laws or third-party rights;
• Transmit viruses, malware, malicious code, or harmful content;
• Attempt to gain unauthorized access to the website, customer accounts, systems, or data;
• Scrape, copy, reproduce, or exploit the Services without authorization;
• Submit false, misleading, fraudulent, or inaccurate information; or
• Interfere with the security or proper operation of the Services.
We may suspend or terminate access for violations of these Terms.
3. PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to display product descriptions, measurements, colors, materials, photographs, and other information accurately.
Colors and visual details may vary depending on lighting, photography, manufacturing variations, and your device or screen settings.
Measurements and sizing information are approximate. Customers are responsible for reviewing the applicable size guide before ordering.
We may modify or discontinue products without notice. Product availability is not guaranteed.
4. PRICES
Prices are displayed in the currency indicated on the website or during checkout.
Prices, promotions, discounts, and product availability may change without notice.
Promotions cannot be applied retroactively unless expressly stated otherwise.
Applicable taxes, shipping charges, duties, and other disclosed costs may be added during checkout.
5. ORDERS
Submitting an order does not guarantee acceptance.
We may accept, reject, limit, or cancel an order for legitimate reasons, including:
• Product unavailability;
• Pricing, description, or inventory errors;
• Payment authorization problems;
• Suspected fraud or unauthorized activity;
• Shipping restrictions;
• Duplicate or unusually large orders;
• Violations of these Terms; or
• Other operational or legal concerns.
An order is considered accepted when we confirm acceptance or begin fulfillment.
If we cancel a paid order, we will refund the applicable payment to the original payment method.
6. BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchasing and account information.
You authorize us and our payment service providers to charge the applicable payment method for products, shipping, taxes, and other disclosed charges.
You are responsible for promptly updating your email address, billing information, shipping information, and payment details.
7. PAYMENT
Payments are processed by third-party payment providers.
We do not guarantee that every payment method will always be available.
Payment authorization may be subject to fraud screening, verification, and the terms of the applicable payment provider.
We may request additional information to verify an order or payment.
8. SHIPPING AND DELIVERY
Shipping is governed by our Shipping Policy.
Delivery dates are estimates unless expressly stated otherwise.
We are not responsible for delays caused by carriers, customs authorities, severe weather, natural disasters, labor disruptions, government actions, inaccurate addresses, or other circumstances outside our reasonable control.
Nothing in these Terms limits rights that cannot lawfully be waived.
9. RETURNS AND REFUNDS
Returns, exchanges, cancellations, and refunds are governed by our Return and Refund Policy.
10. PERSONAL INFORMATION
Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy.
11. CUSTOMER ACCOUNTS
When customer accounts are available, you are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account.
Notify us promptly if you suspect unauthorized access or use.
We may suspend or terminate accounts that contain inaccurate information, are used fraudulently, or violate these Terms.
12. OPTIONAL AND THIRD-PARTY TOOLS
We may provide access to tools or services operated by third parties.
Third-party tools may be provided “as available” and may be subject to separate terms.
We are not responsible for third-party tools, services, content, availability, or practices.
13. THIRD-PARTY LINKS
The Services may contain links to third-party websites.
We do not control or endorse all third-party content and are not responsible for transactions, products, services, policies, security, or damages associated with third-party websites.
14. REVIEWS, FEEDBACK, AND USER CONTENT
If you submit reviews, photographs, suggestions, comments, or other content, you represent that:
• You own or have permission to submit the content;
• The content is accurate and not misleading;
• The content does not violate intellectual property, privacy, publicity, or other rights;
• The content is not unlawful, defamatory, threatening, discriminatory, obscene, or malicious; and
• The content does not contain malware, spam, or unauthorized advertising.
You grant Thomas Gutier a non-exclusive, worldwide, royalty-free license to use, reproduce, edit, publish, translate, display, and distribute submitted content for business, promotional, and operational purposes, subject to applicable law.
We may remove content that violates these Terms.
15. INTELLECTUAL PROPERTY
The website and its content, including text, graphics, logos, layout, photographs, videos, product descriptions, software, and design elements, are owned by or licensed to Thomas Gutier and are protected by applicable intellectual property laws.
You may use the Services only for personal, non-commercial shopping purposes.
No content may be copied, reproduced, republished, distributed, modified, sold, or commercially exploited without prior written authorization.
16. ERRORS AND INACCURACIES
The Services may occasionally contain typographical errors, pricing errors, inventory errors, omissions, or inaccuracies.
We reserve the right to correct information, update content, cancel affected orders, and make changes at any time, subject to applicable law.
If an order is canceled because of an error, any applicable payment will be refunded.
17. PROHIBITED USES
You may not use the Services:
• For unlawful or fraudulent activity;
• To violate intellectual property or privacy rights;
• To harass, threaten, abuse, discriminate against, or harm another person;
• To submit false or misleading information;
• To distribute malware or harmful code;
• To collect information about others without authorization;
• To spam, phish, scrape, crawl, or interfere with the website;
• To bypass security measures;
• To impersonate another person; or
• To conduct unauthorized resale or commercial exploitation.
18. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law, the Services and products are provided on an “as available” basis.
We do not guarantee that the Services will always be uninterrupted, error-free, secure, or suitable for every purpose.
Any warranties that cannot legally be excluded remain in effect.
19. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Thomas Gutier and its owners, employees, contractors, affiliates, suppliers, and service providers will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, lost revenue, lost data, or loss of opportunity arising from the use of the Services.
Our total liability for a claim relating to a product or order will not exceed the amount paid for the product or order giving rise to the claim, except where a different limitation is required by law.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
20. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Thomas Gutier and its owners, employees, contractors, affiliates, suppliers, and service providers from claims, damages, losses, liabilities, and reasonable expenses resulting from:
• Your violation of these Terms;
• Your unlawful use of the Services;
• Your infringement of third-party rights; or
• Content you submit through the Services.
21. TERMINATION
We may suspend or terminate your access to the Services if you violate these Terms, misuse the website, engage in suspected fraud, or create legal or security risk.
Obligations and provisions that by their nature should survive termination will remain in effect.
22. SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.
23. NO WAIVER
Failure to enforce any provision of these Terms does not waive our right to enforce it later.
24. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and other posted policies, constitute the entire agreement between you and Thomas Gutier regarding the Services.
25. GOVERNING LAW
These Terms are governed by the applicable laws of the Commonwealth of Kentucky and the United States, without regard to conflict-of-law principles.
Mandatory consumer protection rights applicable in the customer’s jurisdiction will remain unaffected.
26. CHANGES TO THESE TERMS
We may update these Terms periodically.
Updated Terms will be posted on the website with a revised effective date.
Your continued use of the Services after an update constitutes acceptance of the updated Terms, to the extent permitted by law.
27. CONTACT INFORMATION
Questions about these Terms should be sent to:
Thomas Gutier
1463 Alpine Pine St
Bowling Green, KY 42101
United States
Email: support@thomasgutier.store
Website: thomasgutier.store