Users of the Services offered by Gemaire.com acknowledge and accept the following terms and conditions.
Gemaire Distributors - 1525 NW 3rd St Suite 21A, Deerfield Beach, FL 33442 (USA), [email protected]
Gemaire.com is an ecommerce platform (“Service”) which sells heating, ventilation and air conditioning (HVAC) products. Users may find information and buy products online.
Orders are subject to availability and to Gemaire’s discretionary acceptance. Gemaire.com accepts credit cards, and allows COD and open credit terms on prior agreement.
Users must select the products and perform the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the checkout page.
Gemaire reserves the right to invalidate an order by informing the User within 20 days of purchase, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, Gemaire will refund the price and the shipping costs incurred by the User.
Gemaire.com uses third-party tools for credit card payment processing.
Users are responsible for the payment of all applicable state and local taxes. Sales tax exempt Users should provide Gemaire with a valid sales tax exemption certificate prior to making any transaction.
Prices, descriptions, or availability of the products displayed are subject to change without notice. The photos posted are indicative only and do not constitute a guarantee for the quality of the products.
The prices displayed on Gemaire.com are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added on the Checkout page.
The Order is completed in accord with the details specified on the Checkout page and within the Order Confirmation email, subject to availability of the product ordered.
Gemaire shall not be liable for damage suffered as a result of delays in delivery, which are not dependent on circumstances foreseen by the parties at the time of the order confirmation. Users can cancel any order at any time prior to shipment.
Upon delivery, the User must verify the contents specifying any variance from the delivery form. All damages must be reported to the carrier as well as to Gemaire. In case of failure to accept delivery by the deadline set by the carrier, the products will be returned to Gemaire, who will refund the purchase price but not the shipping cost. Gemaire cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company or for delays in delivery attributable to it.
In case of purchase of products or services via Gemaire.com the User has the right to return any product purchased without specifying the reason, within 30 calendar days. The return period expires after 30 calendar days from the day User takes delivery of the products. To exercise the right of return, the User must inform Gemaire of their decision to return.
Damaged goods, or goods used in any way other than what is strictly necessary to establish their nature, characteristics and functioning, will not be replaced or refunded.
The right of return does not apply to goods that were custom made to the consumer’s specifications or clearly personalized.
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE POSSESSION OF SPECIFIC QUALITIES, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
The User assumes the obligation to check the goods purchased carefully upon their delivery. Unless objections are raised upon delivery and immediately notified in writing to the carrier and Gemaire the goods shall be deemed accepted without reservations.
All goods distributed by Gemaire are shipped to the Users with their manufacturer's warranty. The manufacturer, and not Gemaire.com is responsible for any repairs and their costs.
If the User exercises their right of return in accordance with the provisions contained in these Terms, Gemaire will reimburse the sums paid by the User following the same process as the original payment. Reimbursement is free of charge, within 14 days of the date of receipt of the goods.
Registered Users can cancel their accounts and stop using the Service at any time, by directly contacting Gemaire.
Gemaire reserves the right to suspend or terminate the account of the User at any time and without notice.
The Service is provided by Gemaire “as is”, with no express or implied warranty for accuracy or availability.
Gemaire reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, Gemaire will do the utmost to allow Users to withdraw their information hosted by Gemaire.
Users are not allowed to reproduce, duplicate, copy, sell, or exploit any portion of Gemaire.com and of its Service without Gemaire’s express permission.
The User agrees to indemnify and hold Gemaire, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Users may not:
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Gemaire.com are, and remain, the exclusive property of Gemaire or its Vendors and are protected by the laws in force on trademarks and by related international treaties.
Users declare to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Gemaire.com.
The User expressly releases and exempts Gemaire from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
All product information, images, material safety data sheets (MSDS), specifications, data sheets and submittal sheets on Gemaire.com originate from the manufacturers of the products. Gemaire and/or its subsidiaries do not independently verify, and in accordance do not warrant and are not liable for, the accuracy of this information. Any additional questions related to the product should be directed to the manufacturer of the product.
Gemaire reserves the right to modify these Terms at any time, informing Users by publishing a notice within the Gemaire.com website.
Users who continue to use Gemaire.com after the publication of the changes accept the new Terms in their entirety.
Gemaire reserves the right to transfer, assign, or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of Gemaire.
All communications relating to Gemaire.com must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where Gemaire has their registered offices. An exception of this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.