Terms of Use

OVERVIEW

The website Gussy.Design (Website) is operated by GussyDesign, Inc. (Gussy). It is Gussy’s aim to make your browsing experience through the Website a pleasant, enjoyable and orderly experience. Thus, Gussy is providing these (“Terms of Use” or “Terms”) to inform you of the specific parameters, restrictions and guidelines by which the Website can be used.

By visiting the Website and/ or purchasing something from us, you agree to be bound by these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Website, including without limitation browsers, vendors, customers, merchants, and/ or advertisers or contributors of content.

If you do not agree to all or any of the terms and conditions in these Terms of Use, then you may not access the Website or avail of any of the services offered.

Any new features or tools which are added to the Website shall also be subject to the Terms of Use. The most current version of the Terms of Use can be viewed at any time on the Website. We, however, reserve the right to update, change or replace any provision of these Terms of Use by posting notices of updates and/or changes to our Website. Your continued use of or access of the Website following the posting of any notice of changes constitutes an express acceptance of those changes.

GUSSY website is an online e-commerce platform that sells products and services to you.

SECTION 1 - CAPACITY

The services offered in the Website are not intended for use by anyone under the age of majority, and which is eighteen (18) years of age in the Philippines. By accessing the Website and availing of any of its services, you represent that you are at least the age of majority in your place of residence.

SECTION 2 - GENERAL CONDITIONS

2.1Gussy reserves the right to refuse to provide any service to anyone for any reason at any time.

2.2You understand that your content and non-personal information (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. However, rest assured that all credit card information is always encrypted during transfer over networks.

2.3You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the services offered, the use and access to and around the Website and its services or otherwise use the same for any other illegal or immoral purpose.

2.4Neither may you create frames around Gussy’s Web pages or use other techniques that alter in any way the visual presentation or appearance of Gussy’s Website without prior approval and express written permission.

2.5You shall not use the Website or any of the products or services offered and sold therein for any illegal, immoral or unauthorized purpose.

2.6Neither shall you transmit any worms or viruses or any code of a destructive nature intended to disrupt the Website’s operations, extract confidential information or otherwise for any illegal, immoral or illegal purposes.

2.7Any breach or violation of any of the Terms of Use will result in an immediate and permanent ban on availing of the services, without prejudice to any other right or remedy available under law or equity.

2.8These Terms of Use are effective and shall continue to be in effect unless otherwise terminated or modified by Gussy. The effectivity date of any revised Terms of Use shall be stated on the version of the Terms of Use being currently viewed.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Some of the materials in this Website are provided for general information only and can contain or reflect the personal preferences and opinions of the Website’s owners, content managers, editors, etc. You are still encouraged to consult other sources to be able to arrive at the most accurate, complete and informed opinion.

Gussy reserves the right to modify the contents of this Website at any time and that it is the user’s responsibility to monitor changes to the Website. However, Gussy has no obligation to update any information on the Website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

4.1Prices as well as any promotional services for products offered on the Website are subject to change without notice.

4.2Gussy reserves the right at any time to modify or discontinue any product or service being offered (or any part or content thereof) without notice at any time.

4.3Gussy shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service being offered.

SECTION 5 - PRODUCTS OR SERVICES

5.1Certain products or services may be available exclusively online through the Website. These products or services have limited quantities and are not subject to any reservations except as otherwise provided in any promotional mechanics or offer. All purchases are subject to Gussy’s Return or Exchange Policy.

5.2Gussy has made every effort to display and describe all products via images and with descriptions which are as accurate as possible. However, your view of colors and images of products that appear in the Website may be affected by the monitor display of your computer screen, smart phone or tablet. All descriptions or images of products are subject to change at any time without notice, at Gussy’s sole discretion.

5.3Gussy reserves the right, but is not in any way obligated, to: (i) limit the sales of products or Services to any person, geographic region or jurisdiction; (ii) to limit the quantities or even discontinue any products or services that are offered.

Gussy reserves the right to exercise these prerogatives, together with all other rights provided in these Terms of Use on a case-by-case basis.

5.4It is understood that any offer for any product or service made on the Website is void where it is prohibited.

5.5Gussy’s aim is to sell to final users or consumers. For this purpose, Gussy reserves the right to reject or limit orders and/or quantities that, in Gussy’s sole judgment, appear to be placed by dealers, resellers or distributors. Thus, Gussy reserves the right in its sole discretion, to refuse any order which is placed or to limit or cancel quantities purchased per person, per household or per order. These restrictions may be placed on orders under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address or any other circumstance which arouses Gussy’s suspicion.

In the event that Gussy makes a change or cancels an order, Gussy will promptly notify you through the e-mail and/or billing address/phone number provided at the time the order was made and in accordance with these Terms of Use.

5.6The extent of Gussy’s warranty is subject to its Return and Exchange Policy provided in connection with the products or services. To the fullest extent permitted by applicable law, Gussy disclaims all other warranties and representations, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and any warranties arising out of course of dealing or usage of trade.

5.7Gussy shall endeavor to deliver and fulfill services or products ordered within fourteen (14) business days for orders within Metro Manila and Greater Manila Area only. However, you accept that Gussy’s compliance is also dependent on the availability of shippers/transporters, location of the purchaser and other factors. For this purpose, Gussy shall provide timely updates regarding the status of any orders. Further, delivery charges/rates indicated will apply.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1You agree to provide current, complete and accurate purchase and account information for all purchases made through Gussy’s Website. To ensure that all transactions are completed and fulfilled, you shall promptly update your account and other information, including your email address and credit card numbers and expiration dates.

6.2For more details, please also review Gussy’s Returns and Exchange Policy.

SECTION 7 - OPTIONAL TOOLS

7.1Gussy may provide you with access to third-party tools. Note, however, that Gussy does not monitor nor have any control nor input over these third-party tools and that these are being provided merely for your convenience and reference.

7.2You acknowledge and agree that Gussy provides access to such tools on an “as-is-where-is” and “as available” basis without any warranties, representations or conditions of any kind and without any specific or formal endorsement. Gussy disavows any liability whatsoever arising from or relating to your use of these optional third-party tools.

7.3Your use of optional tools offered through the Website is entirely at your own risk and discretion. Thus, you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).

7.4Gussy may also 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 Use.

SECTION 8 - THIRD-PARTY LINKS

8.1Certain content, products and services available via the Website may include materials from third-parties.

8.2These third-party links on the Website may direct you to third-party websites that are not affiliated with us. Gussy is not responsible for examining or evaluating the content or accuracy and neither does Gussy make any endorsement or warranty for any information, products or transaction with any third-party materials or websites, or for any other materials, products, or services of third-parties.

8.3Gussy shall not be liable for any inconvenience, inaccuracy, harm or damage incurred in connection with the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. For your security, please review the third-party's policies and practices and ensure that you understand and agree to them before you enter into any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

9.1Gussy values comments, suggestions or feedback regarding your experience with any service or product offered or with the Website. Responsible and constructive criticism or suggestions are highly appreciated and will help Gussy improve the services and products offered.

9.2If, at Gussy’s request, you send certain specific submissions (for example contest entries) or even without a request from Gussy you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that Gussy may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Gussy. Gussy is 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.

9.3Gussy reserves the right to monitor, edit or remove content that Gussy determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. Gussy shall also be entitled to pursue any available right or remedy under law or equity, as may be warranted under the circumstances.

9.4You shall ensure that your comments or submissions will not: (i) violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or any proprietary rights; (ii) contain libelous or otherwise unlawful, abusive or obscene material; (iii) contain any computer virus or other malware that could in any way affect the operation of the services or Website.

9.5The use of a false e-mail address or pretending to be someone other than yourself, or otherwise intending to mislead Gussy or any third-parties as to the origin of any comments is prohibited and shall be dealt with accordingly.

9.6Gussy shall not be responsible and assumes no liability for any comments posted by any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by Gussy’ Privacy Policy. Click Here to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

11.1Gussy aims to provide you with the most correct and accurate information regarding the products or services offered in the Website. Occasionally, however, there may be information on the Website that contains inadvertent typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Gussy reserves the right to correct any unintentional errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in any services or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

11.2Gussy undertakes, as soon as practicable, to update, amend or clarify information regarding the services/products or on any related information on the Website, including without limitation, pricing information.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Use, it is also prohibited to use the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any domestic or international rules, laws, or local ordinances; (d) to infringe upon or violate Gussy’s 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 the 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 the Website, other websites, or the Internet.

Gussy reserves the right to terminate your use of the service or the Website for violating any of the prohibited uses, as well as to avail of any other right or remedy under law or equity.

SECTION 13 - LICENSE

13.1Unless otherwise stated, Gussy and/or its licensors own the intellectual property rights for all material on relating to Gussy and the Website. All intellectual property rights are reserved. You may view and/or print pages from https://www.gussy.design for your own personal use subject to restrictions set in these Terms of Use.r order).

13.2No user may: (i) republish material from https://www.gussy.design; (ii) sell, rent out or sub-license material from https://www.gussy.design; (iii) reproduce, duplicate or copy material from https://www.gussy.design; (iv) redistribute content from Gussy Design (unless content is specifically made for redistribution); or (v) any other analogous acts aimed at unlawfully appropriating or utilizing Gussy’s intellectual property without Gussy’s consent.

SECTION 14 - COOKIES

14.1Most of today’s interactive web sites use cookies which retrieves user details for each visit and which are aimed at creating a more meaningful and relevant customer experience for all users. Similarly, Gussy employs the use of cookies and by using Gussy's website, you consent to the use of cookies in accordance with Gussy's Privacy Policy.

14.2Note that some of Gussy’s affiliate/ advertising partners may also use cookies. Please review the applicable privacy policies for your information.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

15.1While we aim to give Gussy’s users the most hassle-free experience, Gussy does not discount the possibility that factors beyond its control may sometimes affect the continuity, availability or functionality of the Website. Thus, Gussy does not guarantee, represent or warrant that your use of the service and the Website will always be uninterrupted, timely, secure or error-free.

15.2You accept and understand that from time to time Gussy may remove any service, product, feature or link for indefinite periods of time or cancel the service at any time, without notice.

15.3Except as otherwise provided in the Return and Exchange Policy and these Terms of Use, all products and services delivered to you purchased from the Website are provided on an “as-is-where-is” and 'as available' basis, 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.

15.4In no case shall Gussy, Gussy’s 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 and through the Website, 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.

SECTION 16 - INDEMNIFICATION

You shall indemnify, defend and hold harmless Gussy and Gussy’s 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 Use or the documents incorporated by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - RETURN AND EXCHANGE POLICY

Without prejudice to Gussy’s limitation of liability provided in Sec. 15.3 of these Terms of Use, please note the terms and conditions of Gussy’s Return and Exchange Policy:

a.Except as otherwise may be provided under law and these Terms of Use, Gussy’s limitation of liability shall be limited to replacing any damaged, defective or erroneous service or product procured through the Website. If there is no replacement available, Gussy shall offer a store credit equivalent to the amount of the damaged, defective or erroneous item and which can be used to avail of any other service or product from the Website. It is understood, however, that should the credit be insufficient to cover the amount of the replacement, you shall shoulder any balance.

b.When allowed, Products that will qualify for Returns and Exchanges must not have been used, with the boxes, packaging, stickers and other marks still attached and as close to the condition when it was shipped.

c.All customers are encouraged to carefully check and inspect any item upon its delivery. Should you or your authorized representative refuse or fail to inspect the concerned item for any prominent, obvious and apparent damage, our delivery personnel shall expressly note in the delivery receipt that you "received without inspection". In this case, you agree that Gussy and its Merchant will no longer be liable for any claim to replace the damaged item. This provision will not apply if the item delivered was not the correct item ordered and Gussy shall still honor the claim to exchange the item for the correct one.

d.Claims for Return or Exchange which are not barred under (c) above must be made within a reasonable time from its delivery but not to exceed forty-eight (48) hours from its delivery. Otherwise, it is conclusively established that the service or product is correct and free from defects or damage.

e.For qualified Returns or Exchanges, Gussy shall get in touch with you for the details of your Return or Exchange.

f.Any issues involving products or services acquired from third-parties, other than merchants, found on the Website shall be governed by the concerned third-party’s terms and policies.

SECTION 18 – FORCE MAJEURE

Gussy shall not be liable if and to the extent that its delay or failure to perform its obligations is exclusively caused by force majeure and without its fault or negligence either prior, during or subsequent to the happening of the force majeure.

“Force majeure” means an unforeseeable event, or even if foreseeable is inevitable, and is outside the control of any Party and which effectively prevents the performance of Gussy’ obligations. Force majeure under this Section shall include but not be limited to wars, revolutions, fires, floods, epidemics, pandemics, quarantine restrictions and other analogous or similar circumstances.

SECTION 19 – MISCELLANEOUS PROVISIONS

19.1Cumulative Remedies. – Any right or remedy conferred herein upon Gussy shall not be exclusive of any other right or remedy; but each right or remedy shall be cumulative of every other right or remedy available to Gussy.

19.2Governing Law. – These Terms of Use shall be governed, construed and interpreted in accordance with the laws of the Republic of the Philippines, without giving effect to principles of conflicts of law. All actions or proceedings arising out of or in connection with these Terms of Use shall be brought exclusively before the proper courts within Metro Manila.

19.3Severability. – In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, the unenforceable portion shall be deemed to be severed from these Terms of Use and shall not affect the validity and enforceability of any other remaining provisions.

19.4Non-waiver. – The failure of Gussy to insist upon the strict performance of any of the provisions of these Terms of Use shall not be deemed a relinquishment or waiver of any subsequent breach or default of the terms and conditions and covenants hereof, and which terms and conditions shall continue to be in full force and effect. No waiver by Gussy of any of their rights under this Agreement shall be deemed to have been made unless expressed in writing and signed.

19.5Entire Agreement. – These Terms of Use and any policies or operating rules posted on the Website or in respect to the service constitutes the entire agreement and understanding between you and Gussy and governs your use of the services and Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms of Use).

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Use may be sent to us at hello@gussy.design. We shall be more than happy to accommodate your questions or concerns.