Terms and Conditions
These TERMS AND CONDITIONS OF USE AND SALE (the “Terms”) set forth the provisions which govern and apply to your access to, interaction with and use of the Internet website located at www.g-formasia.com, and any and all Internet website(s) which are affiliated with or are now or hereafter contained within the g-formasia.com domain name (the foregoing collectively, the “Site”). These Terms also set forth the provisions which govern and apply to the offering, sale and delivery of all goods and/or services (the goods and services herein both separately and jointly referred to as the “Products”) sold on the Site, or through any other retail or commercial means, by or on behalf of G-FORM LLC, a Rhode Island limited liability company with a mailing address at 1 Davol Square, Suite 112, Providence, RI 02903, and the owner and operator of the Site (“G-Form”). Please read these Terms carefully. If you disagree with them in any way, then do not use this Site and do not purchase any G-Form Products.
By using, visiting and purchasing Products on or through the Site, you represent and warrant that you are at least eighteen (18) years old and of legal age to form a binding contract, or that you are at least thirteen (13) years old and are using and accessing this Site with the permission and involvement of a parent or legal guardian. Minors under the age of thirteen (13) are not permitted to use the Site. By visiting this Site and/or purchasing any G-Form Products, you agree to be bound by these Terms as presently in effect, and as they may be amended from time to time in the future. G-Form reserves the right, in its sole discretion and without notice to you, to modify these Terms from time to time. You are deemed to accept and agree to be bound by any changes to these Terms when you visit the Site and/or Purchase any G-Form Products. Any changes to these Terms will not apply to Products purchased prior to the effective date of such changes. Any changes will be immediately effective for any Products purchased after the effective date of such changes. If any changes are not acceptable to you, you must immediately discontinue your use of this Site, and you may not purchase G-Form Products.
By purchasing any G-Form Products, or viewing any of the information, features, videos, images, documents, or functionality located on or in connection with the Site, you agree to be bound by these Terms, without limitation or qualification, whether you are a “Visitor” (which means that you simply browse the Site without purchasing any Products) or you are a “Purchaser” (which means that you purchase one (1) or more G-Form Products on the Site or by any other means whatsoever). The term “you” or “your” or “User” refers to a Visitor or a Purchaser. The term “we” or “us” or “our” refers to G-Form. Subject to these Terms, G-Form gives you the right to view and use its Site and purchase its Products.
Price quotations listed or published by G-Form on the Site, through its catalog or by any other means whatsoever are not binding upon G-Form and merely constitute an invitation to you to purchase one (1) or more G-Form Products. All price quotations issued by G-Form are (i) revocable at anytime by G-Form in its sole discretion, and (ii) subject to change without notice to you. If a Purchaser places an order by phone, G-Form will confirm its current Product pricing at that time, and such Purchaser shall be bound at all times by these Terms.
Orders are not binding upon G-Form until accepted by G-Form in writing (an “Order Confirmation”). G-Form may deliver an Order Confirmation to a Purchaser via electronic mail, and you hereby consent to electronic delivery of the same. G-Form hereby reserves the right to refuse an order without any indication whatsoever of its reasons for doing so. Oral statements and agreements made by G-Form’s employees, officers, representatives and/or agents are not binding upon G-Form unless and only to the extent that such oral statements are contained with an Order Confirmation or made in a separate writing by a duly authorized representative(s) of G-Form. Any terms set forth in the Order Confirmation shall control in the event of a conflict between the terms set forth in the Order Confirmation and these Terms.
All Prices for G-Form Products are shown in the currency of the United States of America (USD) unless otherwise specified in an Order Confirmation issued to a Purchaser. Unless agreed otherwise, G-Form’s Product prices include standard packaging but do not include Value Added Tax (VAT) or any other similar applicable taxes, duties, levies or charges in any jurisdiction levied in relation to the Products or the delivery thereof (“Taxes”). The amount of any Taxes levied in connection with the sale of Products to a Purchaser shall be for Purchaser’s account and shall be added to each invoice issued to Purchaser. If G-Form grants a discount with respect to a particular Product or Products, this discount relates only to the delivery specifically mentioned in the Order Confirmation. Unless the prices have been indicated as firm by G-Form in the Order Confirmation, G-Form is entitled to increase the price of Products awaiting delivery if the costs of price determining factors or Product components have been subject to an increase. These factors include, but are not limited to, raw and auxiliary materials, energy, products obtained by G-Form from third parties, wages, salaries, social security contributions, governmental charges, freight costs and insurance premiums. G-Form shall notify Purchaser of such increase. Each Product delivery shall stand as a separate transaction and any failure to deliver any one or more Products shall have no consequences for other Product deliveries
Product samples and official promotional video clips (produced by G-Form) which portray G-Form Products that may be (i) supplied to you, or (ii) available for viewing on the Site or otherwise, if any, are provided solely for information purposes and in no way imply any express or implied conditions or warranties of any kind, including as to quality, description, merchantability, suitability or fitness for any purpose whatsoever, and you shall be deemed to have satisfied yourself as to such matters prior to becoming a Purchaser of G-Form Products.
In the event credit terms have been granted to Purchasers who are registered as “Distributors” or “Retailers” with G-Form (see the “Resellers” tab on the Site), and unless otherwise stated by an authorized representative of G-Form in writing, such Purchasers shall pay all amounts due and payable to G-Form within thirty (30) days of receipt of any invoice for Product delivery. Late payments shall be assessed a late payment charge at the rate of one and one half percent (1½%) per month, but in no event to exceed the maximum rate allowable by law. Purchaser is liable to G-Form for all fees and expenses including, but not limited to, reasonable attorneys’ fees and fees G-Form incurs to collect, or attempt to collect, any amounts owed by Purchaser to G-Form. Any warranty provided herein shall be inapplicable unless and until G-Form has been paid the total purchase price of the Product(s) as and when due. Any failure by a Purchaser who has been granted credit terms to adhere to the payment terms in this paragraph may, at G-Form’s sole discretion, result in the cancellation of any warranty provided for in these Terms.
G-Form warrants that its Products shall conform to the written descriptions of such Products as provided to you through the Site or other official media or literature published exclusively by G-Form or its authorized agents. All G-Form sportswear products are subject to a limited lifetime warranty providing for replacement by G-Form in the event such sportswear Products are defective or non conforming. All other G-Form Products, such as our electronic impact protection sleeve products, are subject to a limited one (1) year warranty providing for replacement by G-Form in the event such Products are defective or non-conforming.
THIS WARRANTY IS EXCLUSIVE, AND G-FORM DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN CONNECTION WITH AND INCLUDING, BUT NOT LIMITED TO, (I) THE SITE (II) THE OFFERING, PURCHASE AND USE OF ANY G-FORM PRODUCTS ADVERTISED ON THE SITE OR BY ANY OTHER MEANS, AND (III) THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF THE CONTENT AND INFORMATION CONTAINED ON THE SITE OR IN ANY G-FORM CATALOGUE, PRICE LIST OR OTHER PUBLICATION IN ANY MEDIUM, AND IN ANY WAY AND FOR ANY PURPOSE WHATSOEVER.
G-Form’s warranties made in connection with the offering and/or sale of any Product(s) through the Site or otherwise shall not be applicable if G-Form has determined, in its absolute sole discretion, that a Purchaser has misused the Product(s) in any manner whatsoever, has failed to use the Product(s) in accordance with industry standards and practices or has failed to use the products in accordance with instructions, if any, furnished by G-Form on the Site and/or with the Product’s packaging when delivered to the Purchaser.
All Purchasers represent and warrant to G-Form that they will (i) properly inspect and test any and all G-Form Products they purchase (by any means, and from any source) prior to use, (ii) when using any sportswear Product act in accordance with the practices of a reasonable person who is engaged in the impact sport(s) that G-Form has specifically designed its sportswear Products for (iii) when using any Product specifically designed for electronic impact protection act in accordance with the practices of a reasonable person who is using such Products for their intended purpose as published by G-Form, and (iv) act in strict compliance with all applicable laws and regulations, now and hereinafter enacted when using any and all Products. All Purchasers of G-Form Products represent and warrant that they understand that no G-Form Product is designed as a substitute for any certified devices or protective equipment in any specific sport or industry.
G-Form’s sole and exclusive liability, and a Purchaser’s sole and exclusive remedy, with respect to Products proved to G-Form’s satisfaction to be defective or nonconforming shall be replacement of such Product(s) without charge or refund of the purchase price (Purchaser-claimant shall be responsible for all associated shipping and tax costs, if any, in the event of replacement), in G-Form’s sole discretion, upon the return of such Product(s) in accordance with G-Form’s instructions for Product Returns (as set forth in Section 5).
IN NO EVENT WILL G-FORM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY RELATED CONTENT, (II) THE OFFERING AND/OR PURCHASE OF ANY PRODUCT(S), (III) THE CONTENT PROVIDED ON THE SITE OR WITH RESPECT TO ANY PRODUCT(S) IN ANY MEDIUM WHATSOEVER, OR (IV) THE LOSS OF ANY DATA WHILE USING THE SITE OR ACCESSING ANY RELATED CONTENT, EVEN IF G-FORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PERSONAL OR BODILY INJURY, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS G-FORM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
G-Form’s Products are intended primarily for electronic and sports impact protection and, unless otherwise stated on Product labels, in G-Form’s Products catalog or price listing (either or both of which may be published on the Site or in any other medium of G-Form’s choosing), or in any other official literature or media published and disseminated by G-Form or its authorized agents and furnished to you, are not to be used for any other purposes including, but not limited to, performing highly dangerous stunts or subjecting G-Form Products to excessive, non-natural impact that exceeds industry standards for electronic or sports equipment protection. You acknowledge and agree that none of the G-Form Products have been tested by G-Form for safety and efficacy in connection with the foregoing or similar dangerous uses, or for any commercial applications whatsoever, unless otherwise stated on Product labels, in G-Form’s Products catalog or price list, or in other official literature or media published and disseminated by G-Form or its authorized agents and furnished to you.
You agree to indemnify and hold harmless G-Form, its affiliates, advertisers, employees, agents, legal representatives, successors, officers and assigns (collectively, the “Indemnified Parties”), from and against any suits, losses, claims, actions, damages, demands, liabilities, costs and expenses whatsoever (including attorneys’ fees, other legal costs and accounting fees) that the Indemnified Parties may sustain or incur as a result of any claim based upon negligence, breach of warranty, personal or bodily injury, strict liability in tort, contract, or any other theory of law brought by you, your officers, agents, employees, successors or assigns, by your customers or end users (if you are a re-seller of our Products), by auxiliary personnel (such as freight handlers, etc.) or by any other third parties, arising out of or relating, directly or indirectly, to these Terms or the offering, purchase or use of G-Form’s Products by any means whatsoever (collectively, “Claims”). You shall notify G-Form in writing within fifteen (15) days of your receipt of knowledge of any accident, or incident involving G-Form’s Products which results in personal injury, damage to property or otherwise gives rise, directly or indirectly, to one (1) or more Claims. You shall fully cooperate with G-Form in the investigation and determination of the cause of any and all Claims and shall make available to G-Form all statements, reports and tests made by you or made available to you by others in connection with any and all Claims. The furnishing of such information to G-Form and any investigation by G-Form of such information or incident report shall not in any way constitute any assumption of any liability for such Claim(s) by G-Form.
IF G-FORM TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OR A RELATED AGREEMENT, YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR, AND WILL PAY ALL OF, G-FORM’S LEGAL FEES AND ASSOCIATED EXPENSES INCURRED IN CONNECTION WITH SUCH ACTION.
You may not use any deep link, page scrape, robot, “spyder” or other automatic device, program, algorithm or other similar or equivalent manual process to acquire, access, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site.
If you would like to hyperlink to this Site from another site, you must obtain our express written permission in advance. You may seek our permission using the “Contact” feature of the Site. Unless our express written permission indicates otherwise, all links must be to the Site’s home page (http://www.g-formasia.com) and not to any sub-page within our Site. All links, when activated, must display our Site on a full-screen page, in a fully operable and navigable browser window, and not within a browser “frame.” No link should create any false impression or appearance that you are a part, or under the control, of G-Form, and nothing should be done to damage or dilute G-Form’s reputation or goodwill. G-Form reserves the right to revoke any and all linking privileges at any time in its sole discretion without notice to you.
G-Form cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data or other Site interruptions. G-Form cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data or communications. Your access to and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, natural disasters, acts of God, periodic updating or other actions that G-Form, in its sole discretion, may elect to take. You represent and warrant that you have the lawful right to submit information to this Site, and agree that you will not submit any information unless you are legally entitled to do so.