Terms and Conditions
TERMS OF SERVICE
This website is operated by simply gilded. Throughout the site, the terms “we”, “us” and “our” refer to simply gilded. simply gilded 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.
ONLINE STORE TERMS
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.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. (We will try out best however, to inform you of any changes via email and/or on our social media outlets and shop updates)
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. This includes our Karat rewards programs or any other discounts or incentives.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Shipping rates are contingent upon market rates and may increase over time.
PRODUCTS OR SERVICES
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.
Products and inventory sometimes may not be 100% synced and result in sale of product that may not be in stock. This is in no way intentional - however, if it occurs, you will be refunded in full for the items.
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.
Please note that accounts are subject to freezing at any time. If there is suspicion of fraud, if you have held or opened cases against the company without first contacting us to resolve any issues, or you refuse to comply to shop polciies, your account may be frozen and you will not be able to access your Karats rewards. All pending orders will be refunded in full. You may reach out to us at email@example.com if you believe your account has been frozen in error.
Certain services (subscription boxes or subscription products) may include perks which include the option to participate in special exclusive sales or access to certain items. By subscribing to these products, you agree to receiving communications about these events. You my unsubscribe to any mailing list at any time by scrolling down and selecting 'unsubscribe' from our email list service.
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.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
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.
You may be charged a local or state tax or VAT if applicable.
INTERNATIONAL SHIPPING AND CUSTOMS
Buyer is responsible for any customs, fees, or tariffs associated with international shipping. NOTE - CUSTOMS fees vary by country and are based on the ITEM COST - sale price is not taken into consideration for some countries so please keep this in mind when checking out. The total on the customs forms is reflective of the item base cost NOT including sale or coupon application. Simply gilded is not responsible for customs charges and it is seller's responsibility to make sure they are purchasing with this in mind.
Shipping rates are contingent upon market rates and may increase over time.
We will collect and remit VAT tax on behalf of customers in the United Kingdom and European Union. However, orders may still be subject to separate customs fees specific to each country.
Shipping policies are listed under the "shipping FAQ" portion of the website. By purchasing, you agree to and accept our shipping policies and procedures.
ORDER AND SUBSCRIPTION CANCELLATIONS
Simply gilded reserves the right to cancel orders for any reason, (i.e. - items that may go out of stock, pricing errors, declined credit cards, suspected fraud). We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.
All subscriptions are subject to the subscription policy agreed upon during purchase. By enrolling/purchasing the recurring subscription, customer agrees to all associated and applicable subscription terms and conditions.
ORDER CANCELLATIONS: Once an order is placed, processing starts shortly thereafter. For this reason, cancellations are not guaranteed. Once the order is shipped, you will receive a shipping confirmation via email that contains tracking information.
For all granted order cancellations utilizing PAYPAL - orders will be refunded less a 3-4% transaction fee based on location. (New policy starting April 2019 due to changes in Paypal terms and conditions)
Prepaid gift subscriptions are not eligible for partial refunds or cancellations once purchased.
Physical product returns are issued on a case-by-case basis. Occasionally a pre-paid shipping label will be issued for returns. However, approved returns by customer request will be refunded less shipping fee as well as be subject to a 10% restock fee.
For all granted physical returns utilizing PAYPAL - orders will be refunded less a 3-4% transaction fee based on location. (New policy starting April 2019 due to changes in Paypal terms and conditions)
SUBSCRIPTION CANCELLATIONS: Subscription cancellations must be submitted at least 3 days prior to the charge date of the 17th of each month. This must be done via EMAIL - please contact the customer care team at firstname.lastname@example.org with the name on your subscription account and the request to cancel. Single month subscriptions are subject to the full standalone box pricing of $40 - a $10 charge will be assessed to your payment on file following single month cancellation. Any requests to cancel after this window (by 11:59pm CT on the 14th of the month) may be applied to the following month and current box month will be charged and processed. (Note this does not apply to California residents)
Presales are offered on a quarterly basis. This is a PRE-ORDER event - once an order is placed, it will ship in 2-3 months as the product will go into production once the presale has concluded and product count needed may be submitted to the manufacturer.
By participating / purchasing during the presale event, the buyer agrees to the following terms & conditions:
1. I understand that being a presale, these items will not ship for 2-3 months. I agree to this waiting period.
2. I understand that being a presale, there are NO cancellations on this order
3. I understand that being a presale, presale orders will not be combined with any other orders.
4. I understand that any messages in regard to shipment of the presale product prior to stated estimated processing date will not be answered. (All updates on status of presale will be relayed via both email and as an update on the main site) Any delays will be communicated via these channels as well.
5. I understand that my order will be shipped to the address on file during checkout and will not be changed UNLESS I am moving in the next 1-3 months. I will email email@example.com as soon as my new address is available to have my order address updated. I acknowledge that if this is not done, my order will ship to the address on file and no refunds will be issued. (emails via any other channel or email will not be considered)
We will try out best to keep the buyer up to date on the status of production at every stage. If there are any delays in processing past the 3 month window, the buyer will be contacted via email.
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 third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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.
ERRORS, INACCURACIES AND OMISSIONS
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 simply gilded, 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 simply gilded 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.
Simply gilded is not liable for packages shipped to addresses that were not updated prior to checkout.
Items shipped regular first class mail with no insurance will not be refunded or replaced if marked as 'delivered' but not received. It is the responsibility of the customer to contact the local post office to follow up on these packages.
If customer chooses a shipping method that does include insurance (such as Priority mail) and order is either lost in the postal service or is marked delivered and not found, customer is responsible for bringing tracking number and printed receipt to local post office to file a claim. Simply gilded is not responsible for filling lost package claims on customer behalf.
International orders may incur additional customs fees depending on country laws and regulations. These fees are the responsibility of the customer.
International orders may incur additional fees. These fees are the customer responsibility to pay.
Customer must notify simply gilded via customer service channels of any lost packages within 60 days of shipment.
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 laws in Texas.
CHANGES TO TERMS OF SERVICE
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 firstname.lastname@example.org
Last update: 7/20/21