Terms of service
OVERVIEW
Welcome to Gmartmart. Throughout this website, the terms “we,” “us,” and “our” refer to Gmartmart. Gmartmart operates this online store and website, including all related content, features, tools, products, and services (collectively, the “Services”), to provide customers with a seamless and reliable shopping experience worldwide. Our store is operated from the United States and serves customers globally.
Our Services are hosted and powered by Shopify, a secure e-commerce platform that enables us to deliver products and services efficiently and safely.
These Terms of Service (“Terms”), along with any policies referenced herein, outline the rules, rights, and responsibilities governing your access to and use of our Services.
Please read these Terms carefully, as they contain important information regarding your legal rights, including disclaimers of warranties and limitations of liability.
By accessing, browsing, or using any part of our Services, you agree to be legally bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, you must not access or use our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accessing or using our Services, you represent and warrant that you are at least the age of majority in your jurisdiction. If you are accessing the Services on behalf of a minor, you confirm that you are the parent or legal guardian and accept full responsibility for their use of the Services.
In order to use certain features of the Services, you may be required to submit personal information, including but not limited to your name, email address, billing information, payment details, and shipping address. You agree that all information provided is true, accurate, complete, and lawful, and does not violate any applicable laws or third-party rights.
You are solely responsible for safeguarding your account credentials and for any and all activities conducted under your account. Gmartmart shall not be liable for any loss or damage arising from your failure to maintain the security of your account.
We reserve the right, without prior notice, to refuse service, suspend, or terminate accounts that we believe are involved in fraudulent, abusive, or unlawful activities, or that violate these Terms.
Account sharing, resale, or unauthorized transfer of accounts is strictly prohibited.
SECTION 2 - OUR PRODUCTS
We make every reasonable effort to ensure that all product descriptions, images, and details presented in our online store are accurate and up to date. However, actual product colors and appearance may vary depending on your device type, screen settings, and display configurations.
While we strive to present our products as accurately as possible, we cannot guarantee that the appearance, color, or quality of any product will exactly match what is displayed on your screen or fully meet your individual expectations.
All product descriptions, pricing, and availability are subject to change at any time without prior notice, at our sole discretion.
We reserve the right to discontinue any product at any time and to limit the sale of our products or services to any individual, geographic region, or jurisdiction, particularly in cases of suspected misuse, abuse, or violation of these Terms.
SECTION 3 - ORDERS
By placing an order, you are submitting an offer to purchase products from Gmartmart. All orders are subject to acceptance and availability. An order confirmation email does not constitute acceptance of your order, acceptance occurs only when your order has been processed and confirmed by us.
We reserve the right to accept, refuse, cancel, or limit any order at our sole discretion, including but not limited to cases involving suspected fraud, unauthorized transactions, or pricing or availability errors.
Payment must be successfully received and verified before your order is accepted and processed. We may require additional verification or information before confirming any order.
Please review your order carefully before submitting. Once an order has been confirmed, cancellation or modification may not be possible except as required by applicable law or outlined in our policies.
If we cancel or modify an order, we will make reasonable efforts to notify you using the contact details provided at the time of purchase.
All purchases are subject to our Refund Policy. You agree that all purchases are made for personal or household use only and not for resale, redistribution, or commercial purposes without our prior written consent.
SECTION 4 - PRICES AND BILLING
All prices, discounts, and promotions displayed on our store are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email.
Unless otherwise stated, all prices shown on our store do not include applicable taxes, shipping fees, handling charges, customs duties, or import taxes. Customers are responsible for any additional charges required by their local authorities.
We strive to ensure pricing accuracy; however, in the event of an error (including incorrect pricing or product information), we reserve the right to correct such errors and cancel or refuse any orders placed at the incorrect price.
Prices offered on our website may differ from those offered by third-party retailers or other sales channels. From time to time, we may offer promotions or discounts that are subject to separate terms and conditions. In case of any conflict, the specific promotion terms will apply.
You agree to provide accurate, complete, and current billing and payment information for all purchases. You also agree to promptly update your account information, including your email address and payment details, to ensure successful transaction processing.
By placing an order, you represent and warrant that you are authorized to use the provided payment method and that all charges incurred will be honored by your payment provider. You agree to pay all applicable charges, including shipping fees and taxes, where applicable.
SECTION 5 - SHIPPING AND DELIVERY
We aim to process and ship all orders as quickly as possible. Estimated delivery times provided on our website are for reference only and are not guaranteed.
Delivery times may vary depending on your location, shipping method, and external factors. We are not responsible for delays caused by shipping carriers, customs clearance processes, or events beyond our reasonable control.
Once your order has been shipped and handed over to the carrier, the risk of loss or damage passes to you. However, if your order is lost or arrives damaged, please contact us and we will work with you to resolve the issue in accordance with our policies. Shipping costs, delivery timelines, and available methods will be displayed at checkout.
SECTION 6 - INTELLECTUAL PROPERTY
All content and materials available on our Services, including but not limited to trademarks, logos, text, images, graphics, product descriptions, videos, and overall design, are the property of Gmartmart or its licensors and are protected by applicable intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes only.
You may not copy, reproduce, distribute, modify, republish, upload, transmit, or exploit any part of the Services without our prior written consent.
All trademarks, logos, brand names, and service marks displayed on the Services are the property of Gmartmart or their respective owners. Unauthorized use of any intellectual property may violate applicable laws.
All rights not expressly granted in these Terms are reserved by Gmartmart.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools or services that we do not own, control, or monitor.
These tools are provided on an “as is” and “as available” basis, without any warranties, guarantees, or endorsements of any kind. We are not responsible for any issues, damages, or losses resulting from your use of these third-party tools.
Your use of any optional tools is entirely at your own risk and discretion. It is your responsibility to review and agree to the terms and conditions of the respective third-party providers before using their services.
We may introduce new features, tools, or resources in the future. Such additions will be considered part of our Services and will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Services may include links to third-party websites, applications, or resources that are not owned or controlled by Gmartmart.
We do not review, monitor, or guarantee the accuracy, reliability, or content of any third-party websites. Accessing such websites is at your own risk.
We are not responsible for any loss, damage, or issues that may arise from your use of third-party websites, including any purchases or transactions made through them.
Before engaging with any third-party services, we recommend that you review their terms, policies, and practices carefully.
Any complaints, claims, or questions regarding third-party products or services should be directed to the respective third-party provider.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Gmartmart operates its online store using Shopify’s e-commerce platform, which enables us to provide the Services to you.
All transactions, orders, and sales completed through the Store are solely between you and Gmartmart. Shopify is not involved in, and does not assume any responsibility for, any transaction between customers and Gmartmart.
You acknowledge and agree that Shopify shall not be liable for any claims, losses, damages, or disputes arising from your interactions or transactions with Gmartmart, including but not limited to product issues, order fulfillment, or customer support matters.
To the fullest extent permitted by law, you hereby release Shopify and its affiliates from any and all liability arising from your use of the Services and any transactions with Gmartmart.
SECTION 10 - PRIVACY POLICY
All personal information collected through our Services is handled in accordance with our Privacy Policy. By using our Services, you acknowledge that you have read and agree to this Privacy Policy.
Because our Services are hosted on Shopify, certain personal information may also be collected and processed by Shopify in order to operate, secure, and improve the platform. Shopify’s Privacy Policy can be viewed here.
Information you provide may be shared with Shopify and other third-party service providers, which may be located in countries other than your own, for the purpose of fulfilling orders and providing services.
We recommend reviewing our Privacy Policy for full details on how your personal information is collected, used, and shared.
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, reviews, comments, or other content (“Feedback”) to us, you grant Gmartmart a worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, publish, and distribute such Feedback for any purpose, including commercial use.
You confirm that you own or have the necessary rights to submit the Feedback and that it does not violate any third-party rights or applicable laws. You also agree that any Feedback provided is not confidential and that we are not obligated to compensate you or respond to it.
We may, but are not required to, monitor, edit, or remove any Feedback that we consider inappropriate, unlawful, offensive, or in violation of these Terms.
You agree that your Feedback will not contain any false information, unlawful content, or harmful software such as viruses or malware. You must not impersonate any person or misrepresent the origin of any Feedback.
You are solely responsible for the content you submit, and we assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability.
We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to update or change information without prior notice. This includes the right to cancel or modify orders if any information is found to be inaccurate after the order has been submitted.
Where possible, we will make reasonable efforts to notify you of any significant changes affecting your order.
SECTION 13 - PROHIBITED USES
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates applicable laws or regulations, or infringes upon the rights of Gmartmart or any third party.
You are prohibited from using the Services to engage in any harmful, abusive, misleading, or fraudulent activities, including harassment, defamation, impersonation, or the transmission of false or misleading information.
You agree not to upload, transmit, or distribute any viruses, malware, or other harmful code that may affect the functionality or security of the Services.
You must not use the Services for spam, phishing, unsolicited promotions, or any form of unauthorized advertising.
You also agree not to attempt to copy, extract, sell, resell, or misuse any part of the Services or collect personal information of other users without permission.
The use of bots, scrapers, automated tools, or similar technologies to access, monitor, or extract data from the Services is strictly prohibited.
We reserve the right to suspend or terminate your access to the Services at any time, without notice, if we believe you have violated these Terms.
SECTION 14 - AGENTS
This section applies if you use any software, tool, or system (referred to as “Agents”) that automatically or semi-automatically accesses or interacts with our Services on your behalf.
You agree that any such Agent must comply with these Terms of Service and may only be used in a lawful and authorized manner.
We reserve the right to restrict, limit, or block access by any automated systems or Agents if we determine that such use interferes with the security, performance, or proper functioning of our Services.
You must not use any automated tools or systems to bypass security measures, access restrictions, or usage limitations implemented on the Services.
We may, at our discretion, disable or terminate access to the Services for any account or system that violates this section.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services, in whole or in part, at our sole discretion and where necessary, without prior notice, particularly in cases of suspected violation of these Terms, fraudulent activity, or misuse of the Services.
You will remain responsible for all charges and obligations incurred up to the date of termination.
Upon termination, your right to access and use the Services will immediately cease.
The following sections of these Terms will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information provided through our Services is for general informational purposes only. While we strive to ensure accuracy, we do not guarantee that all information is complete, reliable, or up to date. Any reliance on such information is at your own risk.
To the fullest extent permitted by law, Gmartmart, its affiliates, and service providers provide the Services and all products on an “as is” and “as available” basis, without any warranties or conditions of any kind, whether express or implied.
We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
To the extent permitted by applicable law, all implied warranties, including but not limited to merchantability, fitness for a particular purpose, durability, title, and non-infringement, are disclaimed.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Gmartmart, including its affiliates, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services or any products purchased through the Services.
This includes, without limitation, damages for lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar losses, whether based in contract, tort (including negligence), strict liability, or otherwise.
We are not responsible for any errors, omissions, interruptions, delays, or loss or damage arising from your use of the Services or any content or products made available through the Services.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Gmartmart, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your breach of these Terms or any referenced policies.
- Your violation of any applicable law or third-party rights, or
- Your access to or use of the Services or products obtained through the Services.
We will promptly notify you of any claim subject to indemnification. Failure to provide timely notice will not relieve you of your obligations except to the extent you are materially prejudiced.
We reserve the right to control the defense and settlement of any claim at your expense, including the appointment of legal counsel. No settlement requiring non-monetary obligations or admission of liability shall be made without your prior written consent, which shall not be unreasonably withheld.
You agree to fully cooperate in the defense of any such claim, including providing relevant documentation and assistance as reasonably required.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.
The remaining provisions will continue in full force and effect. Any unenforceable portion will be deemed severed from these Terms without affecting the validity or enforceability of the rest of the Terms.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, along with any policies or rules posted on our website, constitute the entire agreement between you and Gmartmart regarding your use of the Services. They replace and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written.
Any ambiguity in the interpretation of these Terms will not be interpreted against the drafting party.
SECTION 21 - ASSIGNMENT
You may not assign, transfer, or delegate these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment without such consent will be considered null and void.
We may assign, transfer, or delegate these Terms and our rights or obligations at any time without notice or consent from you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services shall be governed by and interpreted in accordance with the laws of the United States and the applicable laws of the state where Gmartmart is headquartered, without regard to conflict of law principles.
You agree that any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the federal or state courts located in that jurisdiction, and you consent to the personal jurisdiction of such courts.
SECTION 23 - HEADINGS
The section headings in these Terms are included for convenience only and do not affect the interpretation or meaning of the Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms at our sole discretion by posting updates on our website.
It is your responsibility to review these Terms periodically for any changes. Where required by applicable law, we will provide notice of material changes.
Any updates will become effective on the date specified in the updated Terms or notice.
Your continued use of or access to the Services after any changes are posted constitutes acceptance of those changes.
SECTION 25 - CONTACT Us
If you have any questions about these Terms of Service, you may contact us at:
- Business Name: Gmartmart
- Phone: +1 (703) 870-4054
- Email: info@gmartmart.com
- Address: 12048 Stoneford Dr, Woodbridge, VA 22192, United States
- Working Hours: Monday – Friday: 9:00 AM – 6:00 PM (EST)