TERMS OF SERVICE – GK.ey

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or country of residence, or that you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using our Service.

You must not transmit any worms, viruses, or any other malicious code. Any violation of these Terms will result in immediate termination of your access to our Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks, as well as changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.

Headings in this agreement are included for convenience only and will not affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general information only and should not be solely relied upon for decision-making without consulting primary, more accurate, or more up-to-date sources. Any reliance on the material is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part thereof) without notice.

We are not liable to you or any third party for any modifications, price changes, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Some products or services may be exclusively available online and have limited quantities. Returns and exchanges are subject to our Return Policy.

We make every effort to display product colors and images as accurately as possible, but we cannot guarantee that your device’s screen will display them correctly.

We reserve the right to:

• Limit the sales of our products to any person, geographic region, or jurisdiction.
• Limit quantities of any product or service we offer.
• Discontinue any product at any time.

We do not guarantee that the quality of any product, service, or information will meet your expectations, nor that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. If we make changes or cancel an order, we may attempt to notify you via email or phone number provided at the time of purchase.

You agree to provide accurate, complete, and current purchase and account information. You must promptly update your information, including email address and payment details, to ensure we can complete transactions and contact you as necessary.

For more details, review our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control. These tools are provided “as is” and “as available” without warranties, representations, or conditions.

Any use of third-party tools is at your own risk, and you should review the terms set by the relevant third-party providers.

We may also introduce new features and services in the future, which will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

We are not responsible for third-party content, websites, or any transactions made with third parties. Any concerns regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND SUBMISSIONS

By submitting ideas, suggestions, or content to us, you agree that we may use them without restriction or compensation.

We may, but have no obligation to, monitor, edit, or remove content we deem unlawful, offensive, threatening, or in violation of these Terms.

You agree that your comments will not violate any third-party rights or contain unlawful, abusive, or obscene material. You may not use a false email address or mislead us or others regarding the origin of any comments.

We assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our site may contain errors related to product descriptions, pricing, promotions, shipping charges, or availability.We reserve the right to correct any errors, update information, or cancel orders at any time without prior notice.

SECTION 12 – PROHIBITED USES

You are prohibited from using the site or its content for:

• Any unlawful purpose
• Violating any laws or regulations
• Infringing on intellectual property rights
• Uploading harmful code or viruses
• Harassing, discriminating, or defaming others
• Submitting false or misleading information
• Interfering with the security of the Service

We reserve the right to terminate your use of the Service for violating these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the Service will be uninterrupted, secure, or error-free.

The Service and all products are provided “as is” and “as available” without any warranties, express or implied.

We are not liable for any direct, indirect, incidental, or consequential damages resulting from your use of the Service or any purchased product.

Some jurisdictions do not allow limitations of liability, so in such cases, our liability will be limited to the fullest extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GK.ey, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, the documents they reference, or your violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, it will still be enforceable to the fullest extent permitted by law. The unenforceable portion will be considered severed from these Terms, and this will not affect the validity or enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities incurred before termination will survive the termination of this agreement.

These Terms remain effective until terminated by either you or GK.ey. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.

If, in our sole judgment, you fail to comply with any part of these Terms, we may terminate your access at any time without notice. You will remain liable for all amounts due up to and including the termination date. We may also deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

Failure to enforce any provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, along with any policies or operational rules posted on this site, constitute the entire agreement between you and GK.ey. They govern your use of the Service and supersede any prior agreements, communications, or proposals—whether oral or written—between you and us.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any agreements through which we provide Services are governed by and construed in accordance with the laws of the United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

The most current version of these Terms is always available on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates to our website. It is your responsibility to review this page periodically for changes. Your continued use of our website or Services after any modifications constitute acceptance of those changes.

SECTION 20 – MESSAGING TERMS & CONDITIONS

By signing up for text messages from GK.ey, you agree to receive recurring automated promotional and personalized marketing text messages (SMS and MMS) to the mobile number you provided. Messages may include cart reminders and promotional offers and may be sent using an automatic telephone dialing system.

Consent to receive marketing messages is not required as a condition of purchase. Message and data rates may apply. Message frequency may vary.

We reserve the right to alter the number of messages sent at any time or change the phone number from which messages are sent. We will notify you in the event of such changes.

Some mobile carriers or handsets may not support message delivery. GK.ey, its service providers, and mobile carriers are not responsible for delayed or undelivered messages.

By signing up, you also agree to the GK.ey Terms of Service and Privacy Policy.

CANCELLATION

To opt out of receiving text messages, text STOP, CANCEL, or UNSUBSCRIBE to our number. You will receive one final message confirming your opt-out request.

Our system may not recognize unsubscribe requests that do not contain the specified keywords. GK.ey and its service providers are not responsible for failing to honor improperly formatted unsubscribe requests.

If you unsubscribe from one text program, you may still receive messages from other GK.ey programs unless you opt out of each separately.

HELP

Text HELP to our number for customer care contact information.

For additional support, visit https://gkey.germankabirski.com/pages/contact or email gkey@germankabirski.com.

SECTION 21 – DISPUTE RESOLUTION

General

To resolve disputes in the most cost-effective way, you and GK.ey agree to resolve any disputes related to these Messaging Terms through binding arbitration rather than court proceedings. Arbitration is a less formal process using a neutral arbitrator instead of a judge or jury.

This arbitration agreement covers all disputes related to these Messaging Terms, including those based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. BY AGREEING TO THESE TERMS, YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION LAWSUIT.

Exceptions

You or GK.ey may bring a dispute to court under these limited circumstances:

1. Small Claims Court: If the claim qualifies for small claims court, either party may proceed with a case.
2. Regulatory Actions: You or GK.ey may pursue legal action through the appropriate federal, state, or local agency.
3. Injunctive Relief: A party may seek an injunction in court to protect intellectual property rights.

Arbitrator & Process

• Arbitration will be governed by the Federal Arbitration Act and conducted by the American Arbitration Association (AAA).
• Arbitration may occur via documents, phone hearings, or in-person sessions, depending on the claim amount.
• If the claim is deemed frivolous, the party initiating arbitration may be required to pay fees.

If you or GK.ey seek arbitration, a Notice of Dispute must first be sent to the opposing party. The notice must describe the claim and requested relief. If no resolution is reached within 30 days, arbitration proceedings may begin.

No Class Actions

YOU AND GK.EY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. CLASS ACTIONS AND CONSOLIDATED PROCEEDINGS ARE NOT ALLOWED.

Modifications to Arbitration Clause

If GK.ey modifies this arbitration provision, you may reject the change within 30 days by providing written notice. Otherwise, continued use of the Service constitutes acceptance.

If a court finds any portion of this arbitration clause unenforceable, the remainder of the Terms will still be in effect.

SECTION 22 – CONTACT INFORMATION

Questions regarding these Terms of Service should be directed to:

📍 GK.ey Customer Service
✉️ Email: gkey@germankabirski.com
🌍 Website: https://gkey.germankabirski.com