General Terms of Service
These "Terms of Service" explain the contractual agreement between you ("you", "your") and Gourmly ("Gourmly", "Gourmly.com", "we", "us", "our"), regarding your use of and access to the website located at https://www.gourmly.com, any other websites owned or operated by Gourmly or any portions thereof (collectively, the "Website"), and any resources, features, functionality, or services made available through the Website (hereafter referred to as the "Service"). Gourmly reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that Gourmly shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.
Your access to and use of the Website signifies that you have read, understand and agree to be bound by these Terms of Service, whether you are or are not a registered user of Gourmly, and is subject to your compliance with these Terms of Service. Gourmly reserves the right to change, add, or delete any portions of the Terms of Service from time to time, without liability or prior notice to you, and your continued use of the Website constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Website to determine if there have been changes to the Terms of Service and to review such changes. If you do not agree to abide by these or any future Terms of Service, please do not access or use (or continue to access or use) the Website. In addition, Gourmly may post additional terms, conditions, rules or requirements related to the Website and/or the services and features of either. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Service and you agree to be bound by and subject to them. At its sole discretion, Gourmly also may offer other services or features governed by different Terms of Service.
We want you to have a great experience while shopping on Gourmly. Please contact Gourmly Support at firstname.lastname@example.org for any questions or concerns and we will do our best to assist you as fast as possible!
Refunds & Returns
Because every order is fulfilled directly by the maker, every maker also handles refunds and returns separately. Each maker has their own return policy and way of handling refunds. Please contact the maker directly for refunds and returns. We want you to be completely satisfied with every purchase you make on Gourmly. If for any reason you are unhappy with an order, please contact Gourmly Support at email@example.com
Gourmly provides users the Service, including various media sharing and communication tools, personalized and other content, and e-commerce. You understand and agree that the Service may include certain communications from Gourmly. By using the Website or Service, you will be automatically deemed to have opted in to receive e-mail communication from us. However, you will be able to edit these preferences at any time in your Dashboard.
Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information.
Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to the Terms of Service.
Gourmly has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Gourmly sole discretion. By using the Website or the Service or communicating with Gourmly or others by means of your access to the Website, you consent to receive communications from Gourmly, including but not limited to, emails, text or Facebook messages, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates the Terms of Service.
The Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks, logos, are either owned by Gourmly or owned by others and licensed to us. All rights, title and interest in and to the Website and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content. You agree not to access the Service by any means other than through the interface Gourmly provides via the Website for use in accessing the Service. Your use of the Website or Service does not grant you any right, license or permission of any kind to reproduce or use Gourmly's intellectual property.
Gourmly welcomes your feedback, but if you send us or post or embed on the Website or via any Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information ("Review"), you represent and warrant to Gourmly that you either own the Review or have the right to grant Gourmly the license described below. Gourmly does not claim to own such Submission, only the rights you have licensed to us.
You agree that in making a Review, Gourmly shall not be required to compensate you for any such license or Review, that any such Review shall not be considered confidential or non-public once submitted to Gourmly, and that Gourmly alone is free to decide whether or not to post or use the Review. In the event a Review is posted or used via the Service, you acknowledge and agree that the Review and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Review to Gourmly via the Website or otherwise, you: (a) agree not to make any Submission that violates in any way the Terms of Service; (b) automatically grant Gourmly a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licenseable license to use the Review, and exercise all copyright, publicity and other rights with respect to any such Review; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Review; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Review. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Review through the Service, and to use, reproduce, collect, distribute, share, display and perform such Review as permitted through the Service and under these Terms of Service.
Gourmly reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on the Website and will be removed. Inappropriate content includes but is not limited to: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material.
Gourmly shall have the right to terminate your use of the Website and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms of Services, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, Gourmly shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Gourmly terminates your use rights, Gourmly shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.
Linking and Third Party Content
The Website and Service may contain links to third-party websites not under our control or operation. Gourmly or users may provide any such links only as a convenience; Gourmly does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website may contain news, advertisements, content, image and information published by various third-party providers. Use of any such third-party content may be conditioned upon such third party's terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
Since we respect artist and content owner rights, it is Gourmly's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Gourmly, please notify Gourmly at firstname.lastname@example.org. When filing your report, please provide the following information below:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on Gourmly;
- Information reasonably sufficient to permit Gourmly to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Once proper, bona fide infringement notification is received, it is our policy:
- To remove or disable access to the infringing material;
- To notify the content provider, member or user that we have removed or disabled access to the material;
- That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider's, member's or user's access to Gourmly.
Limitation of Liability
Gourmly shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the Website and the information, content, merchandise and experiences provided via the Website. Gourmly shall not be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential or any other damages in connection with your use of the Website, or purchase or use of products, merchandise, or experiences via the Website, including, but not limited to, loss of or damage to data or loss of or damage to information, personal injury or property damage, however caused, whether based on contract, tort, warranty, or other legal theory, even if Gourmly has been informed in advance of the possibility of such damages and/or such damages could have been reasonably foreseen by Gourmly regardless of whether any remedy set forth herein fails of its essential purpose.
Makers Terms of Service
By using this website in any manner, including but not limited to visiting or browsing the Site, you (the "merchant" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all merchants of the Site. Gourmly acts as a marketplace to allow merchants who comply with Gourmly'ss policies to offer and sell certain goods. Gourmly is not directly involved in the transaction between buyers and sellers. As a result, Gourmly has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Gourmly cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Gourmly does not transfer legal ownership of items from the seller to the buyer. Gourmly cannot guarantee the true identity, age, and nationality of a merchant or buyer. Gourmly encourages you to communicate directly with potential transaction partners through the tools available on the Site. You agree that Gourmly is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other merchants, or outside parties on Gourmly. You use the Gourmly service at your own risk.
Gourmly's merchant services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Gourmly may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Gourmly's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the merchant and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Gourmly's policies as stated in the Agreement and the Gourmly policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Gourmly, each of which is incorporated herein by reference and each of which may be updated by Gourmly from time to time without notice to you: Terms of Service
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Gourmly from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Gourmly of any unauthorized use of your password or any breach of security. You also agree that Gourmly cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Gourmly without Gourmly's express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Gourmly you must provide and maintain valid payment information such as a valid PayPal account.
You may not transfer or sell your Gourmly merchant account and username to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Gourmly's services are not available to temporarily or indefinitely suspended Gourmly members. Gourmly reserves the right, in Gourmly's sole discretion, to cancel unconfirmed or inactive accounts. Gourmly reserves the right to refuse service to anyone, for any reason, at any time.
Fees and Billing
Joining and opening a shop on Gourmly is free. Gourmly does not charge fees for listing an item for sale. Depending on your agreement with Gourmly, Gourmly will either take a percentage or a set amount of the sale price when the item sells. Gourmly may, at Gourmly's sole discretion, change some or all of Gourmly's services at any time. In the event Gourmly introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). In certain situations, including but not limited to a void or invalid transaction, Gourmly may issue a credit for the applicable fees to a seller's billing statement. You are responsible for paying all fees and applicable taxes associated with using and selling on Gourmly. Merchants are required to list prices and shipping costs for the products they sell through the Gourmly Marketplace.
Listing and Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with Gourmly's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Gourmly shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical.
All sellers are urged to outline shop policies for their Gourmly shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Gourmly's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Gourmly reserves the right to request that a seller modify a shop policy. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the seller has a family emergency or (b) the seller is out of town.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Gourmly transaction fees, misrepresent the item's location, or use another merchant's account without permission.
Prohibited, Questionable and Infringing Items and Activities
By posting Content on Gourmly, it is possible for an outside website or a third party to re-post that Content. You agree to hold Gourmly harmless for any dispute concerning this use.
Resolution of Disputes and Release
In the event a dispute arises between you and Gourmly, please contact Gourmly. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration, using the English language. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Should you have a dispute with one or more users, or an outside party, you release Gourmly (and Gourmly's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Gourmly encourages merchants to report merchant-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Gourmly, for the benefit of merchants, may try to help merchants resolve disputes. Gourmly does so in Gourmly's sole discretion, and Gourmly has no obligation to resolve disputes between merchants and users or between merchants and outside parties. To the extent that Gourmly attempts to resolve a dispute, Gourmly will do so in good faith based solely on Gourmly's policies. Gourmly will not make judgments regarding legal issues or claims.
Gourmly's Intellectual Property
Gourmly, and other Gourmly graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Gourmly, in the U.S. and/or other countries. Gourmly's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
- Take any action that imposes, or may impose, in Gourmly's sole discretion, an unreasonable or disproportionately large load on Gourmly's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any merchant Content (except for your Content) from the Site or without the prior express written permission of Gourmly and the appropriate third party, as applicable.
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
GOURMLY, GOURMLY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND GOURMLY'S SUPPLIERS PROVIDE GOURMLY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GOURMLY, GOURMLY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND GOURMLY'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GOURMLY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL GOURMLY, AND (AS APPLICABLE) GOURMLY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR GOURMLY SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GOURMLY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. GOURMLY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF GOURMLY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO GOURMLY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD GOURMLY AND (AS APPLICABLE) GOURMLY'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Gourmly does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Gourmly's control.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Gourmly service and, if applicable, your listing, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make on the Site (excluding any taxes on Gourmly's net income).
Sales, Custom and Value-Added Taxes
In an effort to remain compliant with respective consumer legislations, we strongly encourage our merchants to maintain good standing with respect to custom and value-added taxes or VAT, where applicable. Due to separate and applicable tax jurisdictions, purchases may be subject to specific sales, custom or value-added taxes, and the shipping time and associated cost may increase. Merchants that sell regularly on the Gourmly platform may be required to reserve for VAT. Although Gourmly does not require sellers to have a VAT number to sell in our marketplace, merchants may be required to pay for VAT for conducting such business in the applicable tax jurisdictions. As a result, we strongly encourage our merchants to consult with their own tax experts and register for a VAT identification number and reserve such VAT dues accordingly.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Gourmly are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Gourmly reserves the right to modify or terminate the Gourmly service for any reason, without notice, at any time. Gourmly reserves the right to alter these Terms of Service or other Site policies at any time, so please review the policies frequently. If Gourmly makes a material change Gourmly will notify you here, by email, by means of a notice on our home page, or other places Gourmly deems appropriate. What constitutes a "material change" will be determined at Gourmly's sole discretion, in good faith, and using common sense and reasonable judgment.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the United States of America.
You and Gourmly are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Resolution of Dispute and Release), 8 (Gourmly's Intellectual Property), 9 (Access and Interference), 10 (Breach), 11 (Privacy), 12 (No Warranty), 13 (Liability Limit), 14 (Indemnity), 15 (No Guaranty), 17 (Severability), 18 (No Agency), 20 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email at email@example.com to Gourmly or, in your case, to the email address you provide to Gourmly (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Gourmly may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Gourmly. In such case, notice shall be deemed given three days after the date of mailing.