Terms of service

OVERVIEW
Welcome to Gusto39! The terms “we”, “us”, and “our” refer to Gusto39. Gusto39 operates this store and this website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalised shopping experience (the “Services”). Gusto39 is powered by Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with the policies referred to herein (these “General Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you declare that you are of legal age in the state or region in which you reside and that you have given us your consent to allow your minor dependants to use the Services on devices that you own, have purchased, or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services that we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery details. You warrant and represent that all information you provide in our stores is accurate, current, and complete, and that you are fully authorised to provide such information.
You alone are responsible for the security of your account login details and for all activities on your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to present our products and services in our online shops as accurately as possible. However, we would point out that colours or the appearance of the products may differ from the colours displayed on your screen due to the device you use to access the shop, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or match the representations in our online shops.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products that we offer to any person, in any geographic region, or within any jurisdiction, on a case-by-case basis.

Section 3 – ORDERS
By placing your order, you are making an offer to purchase. Gusto39 reserves the right to accept or reject your order at its sole discretion for any reason. Your order will only be deemed accepted once it has been confirmed by Gusto39. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as Gusto39 may no longer be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided with the order.
The return or exchange of your purchases is carried out exclusively in accordance with our right of withdrawal [LINK].
You represent and warrant that your purchases are intended for your personal use or the use of your household and not for commercial resale or export.

SECTION 4 – PRICES AND INVOICING
Prices, discounts, and special offers may be changed without prior notice. The price charged for a product or service is the price in effect at the time of the order and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs duties, or import fees.
The prices listed in our online shops may differ from the prices in brick-and-mortar stores or in online shops or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and that are subject to terms and conditions other than these Terms. In the event of any inconsistency between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the posted prices, including shipping and handling fees and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we have handed the products over to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our services, including but not limited to all brands, trademarks, text, representations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are the property of Gusto39, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material in the Services. Unless expressly provided for herein, no provision of these Terms and Conditions grants you any licence or other rights to any patents, trademarks, copyrights, or other intellectual property of Gusto39, Shopify, or any third party, nor may any such grant be inferred from these provisions. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Gusto39.
The names, logos, product and service names, designs, and slogans of Gusto39 are trademarks of Gusto39 or its affiliates or licensors. You may not use these trademarks without the prior written permission of Gusto39. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may gain access to customer tools offered by third parties as part of the Services, which we neither monitor nor control nor can influence.
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 disclaim any liability arising from or related to your use of optional third-party tools.
The use of the optional tools offered via the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose, at your sole discretion, to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any damage or loss arising from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third party's policies and procedures and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP TO SHOPIFY
[NOTE FOR MERCHANTS: This section precisely characterizes Shopify's relationship to your store and should not be removed or changed].
Gusto39 is powered by Shopify, which enables us to provide you with the services. However, all sales and purchases you make in our store are concluded directly with Gusto39. By using the services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Gusto39, including any injury, damage, or loss arising from products and services purchased. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and obligations arising out of or related to your purchases and transactions with Gusto39.

SECTION 10 – PRIVACY POLICY
Alle personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. In addition, certain personal data may be subject to Shopify's Privacy Policy, which Here can be viewed. By using the Services, you confirm that you have read these privacy policies.
Since the services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the services in order to provide and improve the services for you. Data that you submit to the services is transferred to Shopify as well as to third-party providers who may be located in countries other than the country in which you reside, in order to provide the services to you. For more information about how we, Shopify, and our partners use your personal data, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfil our obligations and exercise our rights under the Terms and Conditions.
You further warrant and represent that: (i) you own all rights to the Feedback content or otherwise have full rights to it; (ii) you have disclosed all compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are under no obligation to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions.
You warrant that your feedback does not infringe any third-party rights, including copyright, trademark rights, privacy rights, rights of personality, or other personal or proprietary rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, abusive, or obscene statements and is free from computer viruses or other malware that could in any way impair the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for feedback posted by you or any third-party provider.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. In the event of inaccurate information, we reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time and without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, injure, defame, libel, disparage, intimidate, or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms and Conditions; (g) to transmit, or procure the sending of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other natural or legal person; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services or that, in our discretion, may harm Gusto39, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to do any of the following: (a) upload or transmit viruses or any other type of malicious code that in any way impairs the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal data of others; (d) engage in any spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without prior notice. You will remain liable for all amounts due up to the date of termination of the agreement.
The following sections shall continue to apply after termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability Clause, Waiver Clause, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

SECTION 15 – EXCLUSION OF WARRANTY
Die in oder über die Services dargestellten Informationen dienen ausschließlich allgemeinen Informationszwecken. Wir übernehmen keine Garantie für die Richtigkeit, Vollständigkeit oder Nützlichkeit dieser Informationen. Wenn Sie sich auf diese Informationen verlassen, geschieht dies auf Ihr eigenes Risiko. Wir lehnen jede Haftung und Verantwortung ab, die sich daraus ergibt, dass Sie oder andere Besucher der Services oder andere Personen, die über deren Inhalt informiert werden, sich auf diese Materialien verlassen.
SO FAR AS NOT EXPRESSLY STATED BY Gusto39, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Gusto39, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Gusto39, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties and arising from (1) your breach of these General Terms and Conditions or the documents they reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of all indemnifiable claims, provided that any failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defence and settlement of any such claim at your expense, including the choice of counsel, but we will not, without your consent (which may not be unreasonably withheld), settle any claim that requires you to undertake non-monetary obligations. You will cooperate in the defence of indemnity claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY CLAUSE
Should any provision of these General Terms and Conditions prove to be unlawful, void, or unenforceable, that provision shall nevertheless remain effective to the greatest extent permitted by law, and the unenforceable part shall be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall remain unaffected by such a determination.

SECTION 19 – WAIVER CLAUSE, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and all policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all 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 and Conditions).
Uncertainties in the interpretation of these General Terms and Conditions must not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these terms and our rights and obligations without your consent or notice to you.

SECTION 21 – APPLICABLE LAW
These Terms and Conditions and any separate agreements under which we provide you with Services are governed by, and shall be construed in accordance with, the federal and state or territorial courts of the country in which Gusto39 has its registered office. You and Gusto39 agree to the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on these General Terms and Conditions.

SECTION 23 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
You can view the current version of the General Terms and Conditions on this page at any time.
We reserve the right, at our sole discretion, to update, change, or replace parts of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these terms in accordance with applicable law. Such changes shall take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to those changes.

SECTION 24 – CONTACT INFORMATION
Please contact luigi@gusto39.com if you have any questions about the Terms and Conditions.
Our contact information is listed below:
Lagovera
luigi@gusto39.com
Taste of Italy GmbH
Limited Liability Company
Kitzsteinhorn Street 19
5700 Zell am See