This website is operated by Gingerly S.R.L. When the terms “we”, “us” and “our” are mentioned, they refer to Gingerly S.R.L. and its website gingerlyshop.com.

Gingerly S.R.L. through this website includes all information, tools, and services available to the user, conditioned on the acceptance of the Terms and Conditions, policies, and notices established herein.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Acceptance of these Terms and Conditions

1.1. The user acknowledges acceptance of these terms and conditions by clicking at the end of the document in the "acceptance" section. Likewise, the user acknowledges that they have fully read, comprehended, and understood this document, and have accepted the rules and duties indicated therein.

1.2. The creation of the user's account is conclusive proof that the user has understood and accepted all the terms and conditions established herein; furthermore, they understand that gingerlyshop.com has no obligation or duty beyond those indicated in these terms, and therefore, no imputation by the user as a duty attributable to the platform is valid or shall have effect.

1.3. The user acknowledges that they are of legal age and therefore have the legal capacity to subscribe to these Terms and Conditions, either directly or on behalf of the legal entity they claim to represent.

1.4. The user acknowledges that they are in full possession of their mental faculties and have not been coerced in any way to access and accept the conditions and terms required to enter the platform.

1.5. Gingerlyshop.com reserves the right to modify these Terms at any time in accordance with this provision. Updates to the platform will conform to the modifications made to these Terms and Conditions. The user should review the most recent version of these Terms and Conditions on our website.

1.6. In case of disagreement with the modified Terms, the user may immediately and explicitly terminate this Agreement by sending an email to info@gingerlyshop.com to communicate their rejection and will have the right to cancel or terminate the Agreement. Continued use and access to our website after the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

1.7. Gingerlyshop.com may automatically renew access to or use of the platform if the user does not explicitly express their interest in terminating their contract before the effective date of the modified terms, which will be understood as acceptance of the updated terms.

1.8. Users guarantee that they will not use their account to violate, affect, or infringe copyright or industrial property rights. They will use their account in good faith and in compliance with norms, laws, and regulations, as well as good customs, and with the care and duty of a reasonable and prudent person. The user releases and consequently declares gingerlyshop.com free and harmless from obligations, liabilities, and claims arising from the misuse or mishandling of their account, or from the violation of these Terms or Conditions or user negligence, whether by action or omission.

1.9. The user must notify info@gingerlyshop.com if the information contained in their profile has been stolen, lost, misappropriated, or is threatened in any way, as well as any unauthorized use or suspected unauthorized use of the profile. In cases where the user does not report the aforementioned situations or carries out illicit activities with their profile, it is entirely the responsibility of the person registered on the platform.

1.10. Given that the user is the only one with access to their account and absolute control over their username and access code, they will be solely responsible for all operations carried out through the account. The user undertakes to notify gingerlyshop.com via email at info@gingerlyshop.com about any unauthorized use of their account or any security breach that the user knows or should know about. The right to use the platform is an essential right of the user, granted by reason of their person.

1.11. Gingerlyshop.com is not responsible for the suitability and veracity of the information provided during account creation.

1.12. Users accept that there is always a risk on the Internet of people trying or attempting to use the platform without accurate information, as well as the creation of fake accounts. For all such cases, gingerlyshop.com will make its best efforts, according to available technology (bots, virtual intelligence, among others), to prevent fictitious accounts or delete those created. Likewise, users can always report their complaints to info@gingerlyshop.com to report any type of abnormal activity.

1.13. The user acknowledges and accepts that location data may be collected and used by gingerlyshop.com, including the location or destination address. Users expressly consent to their geolocation data being shared to successfully fulfill the requested order or service.

1.14. It is the sole responsibility of users to correctly provide the delivery address. Gingerlyshop.com is not responsible for errors or omissions in the address provided.

Section 2 – General Conditions

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

2.2. Gingerlyshop.com may cancel or suspend a user's account for violating one or any of the rules of these Terms and Conditions, as well as for violating laws, regulations, good practices and customs, rules of morality or ethics, with a prior notice of no more than five (5) days. We reserve the right to refuse service to anyone for any reason and at any time.

2.3. Access codes, passwords, usernames, and other information required to access gingerlyshop.com are personal and non-transferable and cannot be shared with anyone. Only the person who has consented to the Terms and Conditions and has duly registered is authorized to use such information and access this technology to facilitate the exchange of goods and services between suppliers and customers.

2.4. Users accept that the online shopping platform stores information such as IP, MAC Address, or any online security trace that can inform any competent authority to detect misuse of the platform. Gingerlyshop.com is not responsible for identity theft or information registered in the system. The online shopping platform used to provide the service will make its best efforts, according to current technology, to prevent this.

2.5. By contracting this service, users adhere to the online payment method made available by Azul, with online payment methods using debit cards, credit cards, and other electronic instruments that regulated financial services allow and are in force.

2.6. Fraudulent use of a credit or debit card by an unauthorized third party will be handled according to the issuing bank's policies and the cardholder. Gingerlyshop.com is not responsible for third parties using a credit or debit card they do not own.

2.7. Payments for services will be considered final upon order confirmation. There will be no cancellation except as provided in our Return Policies.

Section 3 – Accuracy, completeness, and timeliness of information

3.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

3.2 This site may contain reference information. We are not obligated to update any information on our website. We reserve the right to modify the content of gingerlyshop.com at any time.

Section 4 – Modifications to the service and prices

4.1 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

4.2 Gingerlyshop.com is not liable for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or services (if applicable)

5.1 Gingerlyshop.com will not be responsible for hyperlinks malfunctioning; the unavailability of access to the platform; to any portion of it, caused by necessary maintenance work or actions of third parties, or the use of any equipment or software external to the platform; as well as other events related or correlated to those indicated here.

5.2 Gingerlyshop.com may send text messages and emails to users for advertising purposes. By these Terms and Conditions, users accept that these messages will automatically be promotional and, therefore, are accepted as part of the promotional offer of products and services available on the platform. Users will have the option to disable the sending of promotional messages or emails by sending an email to info@gingerlyshop.com.

5.3 Gingerlyshop.com may unilaterally cancel promotional codes or offers and credits when it becomes aware of fraudulent use thereof, or when the aforementioned period has expired. Gingerlyshop.com assumes no responsibility if, due to force majeure or events beyond its control or whose necessity is justified, it is obliged to cancel, shorten, extend, or modify the conditions of the promotions.

5.4 Certain products or services may be available exclusively online through gingerlyshop.com. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policies. 

5.5 Gingerlyshop.com will make its best efforts to display as accurately as possible the colors and images of the products that appear in the store. We cannot guarantee that your computer monitor's display will emit any color.

5.6 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.7 We do not guarantee that the quality of any product, service, information, or other material purchased or obtained by you will meet your expectations.

Section 6 – Accuracy of Billing and Account Information

6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Returns Policy.

Section 7 – Third-Party Links

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

7.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

7.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 8 – User Comments, Feedback and Other Submissions

8.1 Users agree not to engage in conduct or acts that tend to damage the image of gingerlyshop.com, as well as its good reputation, which will be considered a serious offense that triggers their obligation to indemnify for any comprehensive damage caused.

8.2 Users understand, acknowledge, and accept that gingerlyshop.com does not guarantee protection against fraudulent and invalid transactions, therefore, gingerlyshop.com will not be responsible for any invalid transaction processed as a result of an order placed through the platform.

Section 9 - Contests

9.1 Each contest will be governed by the specific rules that apply to it.

9.2 Participants who agree to compete or who decide to send gingerlyshop.com original creative expressions, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or by any known or yet-to-be-known means, understand that they are assigning the economic rights subject to original copyrighted works. Such participants or users agree that, at any time, without restriction, such works may be edited, used, made available or publicly communicated, reproduced, sold, distributed, or translated by any known or yet-to-be-known means.

9.3 Comments made by users on gingerlyshop.com are not subject to confidentiality or compensation. gingerlyshop.com has no obligation to respond to comments made on the website.

9.4 gingerlyshop.com will make its best efforts to edit or remove content that we deem illegal, offensive, threatening, inciting hate speech, libelous, defamatory, pornographic, obscene, contrary to good morals, or violating our or third-party intellectual property rights, or that are contrary to these Terms of Service.

9.5 The user undertakes not to post comments that violate the rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. The user agrees that their comments may not contain defamatory or unlawful, abusive or obscene material, nor contain any computer virus or other malware that may affect the operation of the Service or any related website.

9.6 The user may not use a false email address, impersonate a person, or mislead about the origin of comments.

9.7 The user is solely responsible for the comments they make. gingerlyshop.com assumes no responsibility for comments posted by any user or third party.

Section 10 – Personal Information

10.1 Your submission of personal information through the online platform is governed by our Privacy Policy. To view our privacy policy.

Section 11 – Errors, Inaccuracies, and Omissions

11.1 gingerlyshop.com states that the website may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times exceeding pre-established times, and availability.

11.2 We reserve the right to correct any errors, inaccuracies, or omissions at any time we deem appropriate, including changing or updating information or canceling orders on gingerlyshop.com.

11.3 gingerlyshop.com assumes no obligation to update, amend, or clarify information related to its service, including pricing information, except as required by law.

Section 12 – Prohibited Uses

12.1 It is prohibited, as established in these Terms and Conditions, by way of enumeration and not limitation, to use the website gingerlyshop.com or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(g) to collect or track the personal information of others;

(h) to send spam, phish, pharm, pretext, spider, crawl, or scrape;

(i) for any obscene or immoral purpose or contrary to good customs; or

(j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

12.2 Any action that falls within the prohibited uses will result in the immediate termination of your account and the discontinuation of gingerlyshop.com's services. In applicable cases, you will be required to pay any outstanding amounts for the service rendered and any other penalties provided by law.

Section 13 – Disclaimer of Warranties; Limitation of Liability

13.1 gingerlyshop.com does not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. Nor does it guarantee that the results that may be obtained on the website will be accurate or reliable.

13.2 You agree that gingerlyshop.com may remove the service for indefinite periods of time or cancel the service at any time, without prior notice.

13.3 The service and all products and services delivered to you through the service 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.

Section 14 – Indemnification

14.1 Users will indemnify and hold harmless Gingerly S.R.L., including its directors, officers, employees, parent company, subsidiaries, and affiliates, for any damages it may suffer arising from any type of claim or demand, including legal expenses and attorney fees that had their cause or origin in this agreement and in the use of the service. In all cases, this liability of users will survive the termination of this agreement during the applicable statutory limitation period, as the case may be.

14.2 Users acknowledge that gingerlyshop.com's foundation and purpose are based on its reputation, good image, as well as the full compliance with its terms and conditions, as well as respect for law and regulations, morality, and good customs.

14.3 Users agree not to engage in conduct or acts that tend to damage the image of gingerlyshop.com, as well as its good reputation, which will be considered a serious offense that triggers their obligation to indemnify for any comprehensive damage caused.

14.4 Users understand, acknowledge, and accept that gingerlyshop.com does not guarantee protection against fraudulent and invalid transactions; therefore, gingerlyshop.com will not be responsible for any invalid transaction processed as a result of an order placed through the platform.

Section 15 – Severability

15.1 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Survival of Clauses

16.1 If one or any of the clauses of these terms and conditions of use were null or invalid, it will be considered unwritten, but the other conditions and clauses will maintain their full force and enforceability.

Section 17 – Entire Agreement

17. 1 Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

17. 2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any 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 of Service).

17. 3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 – Intellectual Property

18.1 Gingerly S.R.L. is the exclusive owner or licensee for the national territory of all intellectual property rights included in the platform.

18.2 The authorization for the user to access the platform does not imply waiver, assignment, delegation, license, or transmission of intellectual property rights.

18.3 Users may not modify, copy, reuse, exploit, reproduce, publicly communicate, make secondary or subsequent publications, upload files, mail, transmit, use, process or distribute in any way all or part of the content included on the website for private or commercial purposes, unless they have the express written authorization of the owners.

Section 19 – Applicable Law

19.1 The relationship between users and the platform will be governed by the laws of the Dominican Republic. The competent courts will be those of the National District, regardless of the national zone where the purchase was made.

Section 20 - Arbitration

20.1 Consumers may resort to consumer arbitration if they deem it appropriate, in case of conflicts and disputes with gingerlyshop.com

20.2 Providers will resort to the dispute resolution method as individually appropriate.

Section  21  – Contact Information

21. 1 Questions about the terms of service should be sent to info@gingerlyshop.com