Terms of service

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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use and your device settings. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

When you place an order, you are making an offer to purchase and authorize us and our payment processors to charge your selected payment method for the total amount of your order. Gels OFF reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until Gels OFF confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our returns and refunds policy. This does not limit any rights you may have under applicable law. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

We may offer, from time to time, promotions that are governed by terms separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that you are authorized to use the payment method you provide, that the information you provide for it is true, correct and complete, that charges incurred by you will be honored by the provider of your payment method, and that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

Except as otherwise stated, 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 processing, or events outside our control. To the fullest extent permitted by applicable law, title and risk of loss pass to you when we transfer products to the carrier, unless applicable law provides otherwise. We are not responsible for delays or failures caused by events beyond our reasonable control, including carrier or customs delays, natural disasters, severe weather, labor disputes, supply shortages, utility or telecommunications outages, cyber incidents, governmental actions, or other similar events. See our shipping policy for more details.

Our Services, including all trademarks, brands, text, images, graphics, video, and audio are owned by Gels OFF, its affiliates or licensors and are protected by trademark, copyright and other intellectual property laws. The purchase or delivery of any product does not grant or confer any intellectual property rights in or to the product, its design, software, or underlying technology. All such rights remain exclusively with Gels OFF or the original rights holder.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by Gels OFF. All other names, logos, product names, designs, and slogans on the Services are the trademarks of their respective owners.

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. 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 the optional tools is entirely at your own risk and discretion.

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Our catalog and our checkout are powered by Shopify. When you check out, your device communicates with Shopify's systems to complete your order. Any sales and purchases you make are made directly with Gels OFF. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Gels OFF, including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Gels OFF.

Our privacy policy explains how we may collect, use, and disclose certain personal information from your use of the Services, which parts of the Services run on our own hosting and which run on Shopify. By using the Services, you acknowledge that you have read it.

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that you own or have all necessary rights to all Feedback, that you have disclosed any compensation or incentives received in connection with your submission, and that your Feedback will comply with these Terms of Service. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable. You are solely responsible for any Feedback you make and its accuracy.

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, including after an order is submitted. If we cancel an order after payment has been collected, we will issue any refund required by applicable law.

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: for any unlawful or malicious purpose; to violate any regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; to transmit false or misleading information; to send any advertising or promotional material, including "junk mail," "chain letters" or "spam"; to impersonate any other person or entity; or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

In addition, you agree not to upload or transmit viruses or any other type of malicious code; to reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; to collect or track the personal information of others; to spam, phish, pharm, or pretext the Services; to use any robot, spider, scraping, data gathering and extraction tool, AI tool or automated means to access the Services; or to interfere with, bypass, or circumvent the security or authorization features we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your access at any time, without notice, if we determine that you have violated any part of these Terms.

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements below. No Agent may access the Services if we have requested that it refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses the Services.

Agents must: in all HTTP and HTTPS requests, identify that the request is from an Agent and disclose its name by including "Agent/[agent name]" in the request's user agent string; not conceal or obfuscate that any access or interaction is from an Agent, such as by mimicking human behavior or by completing or circumventing CAPTCHAs; respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; and not circumvent any measure intended to block, limit, modify, or control whether and how Agents access the Services.

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Intellectual property, Feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnification, Severability, Waiver and entire agreement, Assignment, Governing law, Privacy policy, and any other provisions that by their nature should survive termination.

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY GELS OFF, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL GELS OFF, 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 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES. NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to indemnify, defend and hold harmless Gels OFF, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services. We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld.

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. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.

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 posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals between you and us.

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

These Terms are governed by the laws of Canada, without regard to conflict-of-law principles. You and Gels OFF consent to the jurisdiction and venue of the courts located there, except where prohibited by applicable law. Nothing in this section limits any rights you may have to bring claims in your local courts or to rely on mandatory laws that apply in your place of residence.

These Terms of Service may be available in languages other than English. To the extent of any inconsistency or conflict, the most current English version prevails. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Gels OFF or as required by applicable law.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email. These communications may relate to your orders, purchases, returns, these Terms of Service, or other Services-related matters. You are responsible for keeping your contact information current.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to hello@gelsoff.com. Our full contact details are on our contact page.