PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to GENTECH DATA INC (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the website gentechinc.shop (the “Site”) and any services, content, and products available through the Site (collectively, the “Services”). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to all of these Terms, you are not authorized to access or use the Site or Services.
These Terms constitute a legally binding agreement between you, the user, and GENTECH DATA INC. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Article I: Account Registration and Security
1.1 Eligibility: To use certain Services, you may be required to register for an account. You represent and warrant 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.
1.2 Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site if any information provided proves to be inaccurate, not current, or incomplete.
1.3 Security of Account: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately of any breach of security or unauthorized use of your account.
Article II: General Conditions of Sale
2.1 Product Descriptions: We strive to display the colors, images, and specifications of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
2.2 Natural Material Variations: Our products are crafted from solid wood, a natural material. As such, variations in grain, color, texture, and the presence of knots or mineral streaks are inherent characteristics and are not considered defects. These variations are what make each piece unique and are celebrated as part of the product’s natural beauty.
2.3 Pricing and Payment: Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of a product. Payment for all orders must be made in full at the time of purchase through our designated payment processor, Stripe. By submitting your order, you authorize us to charge the total amount to your selected payment method.
2.4 Order Acceptance: The receipt of an order confirmation email does not constitute our acceptance of your order. We reserve the right, at our sole discretion, to accept or decline your order for any reason, including but not limited to the unavailability of the product, errors in the product or pricing information, or suspected fraud. In the event that we decline your order, we will notify you and will not charge you for the product.
2.5 Shipping and Title: Shipping times provided are estimates and are not guaranteed. Title to, and risk of loss of, any products you order passes to you upon our delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Article III: Intellectual Property Rights
3.1 Ownership: The entire content included on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GENTECH DATA INC or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.
3.2 Limited License: We grant you a limited, revocable, non-exclusive, non-transferable license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
3.3 Trademarks: All trademarks, service marks, and trade names of GENTECH DATA INC used on the Site are our trademarks or registered trademarks. They may not be used without our prior written permission.
Article IV: User Conduct and Prohibited Uses
You agree not to use the Site for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Site in any way that could damage the Site, Services, or general business of GENTECH DATA INC. Prohibited uses include, but are not limited to:
-
Harassing, abusing, or threatening others.
-
Violating any intellectual property rights of us or any third party.
-
Uploading or transmitting viruses or any other type of malicious code.
-
Perpetrating fraud.
-
Engaging in any obscene or lewd behavior.
-
Unlawfully gathering information about others.
Article V: Third-Party Links and Content
The Site may contain links to third-party websites or services that are not owned or controlled by GENTECH DATA INC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that GENTECH DATA INC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Article VI: Disclaimer of Warranties; Limitation of Liability
6.1 No Implied Warranties: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE 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.
6.2 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, GENTECH DATA INC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT 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 THE SITE OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT.
Article VII: Indemnification
You agree to indemnify, defend, and hold harmless GENTECH DATA INC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Article VIII: Severability
In the event that any provision of these Terms 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Article IX: Termination
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 are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our Site. We may terminate these Terms at any time without notice and accordingly deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of these Terms.
Article X: Governing Law and Dispute Resolution
10.1 Governing Law: These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
10.2 Informal Resolution: We strongly believe in resolving disputes amicably. Before initiating any formal proceedings, you agree to contact us first at info@gentechinc.shop to attempt to resolve the issue informally.
10.3 Binding Arbitration: If the dispute is not resolved informally, you and GENTECH DATA INC agree to resolve any claims relating to these Terms or the Services through final and binding arbitration in the State of Delaware, rather than in court.
10.4 Class Action Waiver: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Article XI: Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Site, 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).
Article XII: Contact Information
Questions about the Terms and Conditions should be sent to us at info@gentechinc.shop or by mail to:
GENTECH DATA INC
8 The Green STE R
Dover, DE, 19901
United States
