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Terms and Conditions for GOMAGEAR

Terms and Conditions

Last updated: July 05, 2025

Please read these terms and conditions carefully before using Our Business or Online Store

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate or Partner means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 80% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to GOMAGEAR, Los Angeles, CA, United States.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: California, United States

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Business or Online Store refers to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Business, to provide the Business on behalf of the Company, to perform services related to the Business or to assist the Company in analyzing how the Service is used.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to GOMAGEAR, accessible from https://gomagear.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Business or Online Store and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Business or Online Store.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Business or Online Store.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Business or Online Store.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Business or Online Store.

Your access to and use of the Business or Online Store is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Business or Online Store.

Sales and Purchases

By placing an order through our Online Store, you agree to the following terms:

Order Acceptance
All orders are subject to product availability and acceptance by Company. We reserve the right to refuse or cancel any order for reasons including stock shortages, pricing errors, suspected fraud, or violation of these Terms.

Product Information and Sizing
We strive to provide accurate descriptions, images, and sizing guides for all apparel, footwear, and accessories. However, colors may vary due to screen settings, and sizes may differ slightly by brand or style. Please refer to our sizing chart before purchasing to ensure the best fit or contact us for assistance with your order placement.

Pricing and Payment
All prices are in USD and exclude applicable taxes and shipping fees unless otherwise stated. Payment must be made in full at checkout through our secure payment methods. We accept secure payments via PayPal, including PayPal Balance, Visa, MasterCard, American Express, Discover, and linked bank accounts.

Checkout and Order Confirmation
To complete a purchase, you must provide complete and accurate billing, shipping, and contact information. Once your order is successfully placed, you will receive an order confirmation via email. This confirmation is not a guarantee of acceptance but a receipt of your order.

Shipping and Delivery
Shipping costs and estimated delivery times will be displayed at checkout. We ship to the addresses provided by you and are not responsible for delivery delays caused by carriers or customs. Risk of loss passes to you upon shipment.

Returns and Exchanges
We accept returns and exchanges in accordance with our Return and Exchange Policy, provided items are unused, unworn, and in original condition with tags attached. Please review our policy carefully for details on eligibility and procedures.

Order Cancellation and Changes
Orders cannot be modified or cancelled once placed, except where expressly permitted by our policies or at our discretion. Not guaranteed, however, you can always contact us only within the first hour of your order placement for any assistance possible.

Giveaways and Promotions

Giveaways Terms

Eligibility
Giveaways are open to legal residents who meet the eligibility criteria specified in the giveaway rules. Employees, affiliates, and immediate family members of Company are excluded unless otherwise stated.

Free Entry
Entry to giveaways is completely free. No purchase or payment is required to participate or win.

Winner Selection and Notification
Winners will be selected as described in the giveaway details and notified using the contact information provided. If a winner cannot be reached within the specified time, an alternate winner may be selected.

Prizes and Taxes
Prizes are awarded free of charge and are physical items unless otherwise noted. Winners are not required to pay any fees or charges to receive the prize. Prizes are typically tax-free for the winner; however, Company advises participants to consult local tax laws if applicable.

No Purchase Necessary
Participation does not require any purchase, and no payment is required to claim a prize.

Release of Liability
By participating, entrants release [Company Name] from any liability related to the giveaway, including prize delivery or use.

General Conditions
Company reserves the right to cancel or modify giveaways in case of fraud, technical issues, or other factors affecting fairness.

Promotions Terms

Eligibility and Participation
Promotions are available to customers meeting the eligibility criteria and are void where prohibited by law.

Promotion Period
Promotions can only be redeemed during their live, active period as specified. Expired or inactive promotions are not valid and cannot be redeemed.

Offer Details and Limitations
Promotional offers are as described and cannot be combined with other offers unless explicitly stated. Company reserves the right to limit quantities or otherwise restrict use.

Redemption
Offers must be redeemed during the live promotion period and in accordance with the instructions provided. Attempts to use expired promotions will be rejected.

Changes and Cancellation
Company may modify, suspend, or terminate promotions at any time without prior notice.

Fraud Prevention
Abuse or fraudulent activity related to promotions will result in disqualification and possible legal action.

Limitation of Liability
Company is not liable for technical errors or unauthorized use affecting promotion redemption.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Business or Online Store will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Business or Online Store or 100 USD if You haven't purchased anything through the Business or Online Store.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Business or Online Store, third-party software and/or third-party hardware used with the Business or Online Store, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Business or Online Store is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Business or Online Store, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Business or Online Store will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Business or Online Store will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Business or Online Store; or (iv) that the Business or Online Store, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Business or Online Store. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Business or Online Store, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Business or Online Store. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Business or Online Store after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Business or Online Store.