Terms of service
OVERVIEW Welcome to GABYSTEE! The terms "we," "us," and "our" refer to GABYSTEE. GABYSTEE operates this store and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (the "Services"). GABYSTEE uses the Shopify platform, which allows us to provide you with the Services. The terms and conditions below, along with the policies referenced therein (the "Terms of Use" or "TOU"), describe your rights and responsibilities when using the Services. Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT By accepting these Terms of Use, you confirm that you have reached the age of majority in your state or province of residence and give us your consent to allow your minor children to use the Services on devices you own, purchase, or manage. To use the Services, including to access or browse our online store or to purchase any of the products or services we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information. You are solely responsible for the security of your account credentials and any activity associated with your account. You are not authorized to transfer, sell, assign, or sublicense your account to another person.
SECTION 2 – OUR PRODUCTS We have made every effort to accurately display our products and services in our online store. Please note, however, that colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store and its settings and configuration. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is presented or rendered in our online store. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS When you place an order, you are making an offer to purchase. GABYSTEE reserves the right to accept or refuse your order for any reason at its discretion. Your order is only accepted after written confirmation from GABYSTEE. We must receive and process your payment before your order is confirmed. Please review your order carefully before submitting it, as GABYSTEE may not be able to accommodate cancellation requests once an order is confirmed. In the event of a refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of ordering. Your purchases are subject to our return or exchange conditions in accordance with our Refund Policy. You represent and warrant that your purchases are intended for personal or domestic use, and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling charges, customs duties, or import fees. Prices displayed in our online store may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect pricing and are governed by separate terms. In the event of a conflict between promotion terms and these Terms, the promotion terms will prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that: (i) your credit card information is accurate and complete, (ii) you are authorized to use the card for the purchase, (iii) charges incurred will be honored by your card issuer, and (iv) you will pay all charges incurred at the displayed prices, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY We cannot be held responsible for shipping or delivery delays. All delivery timeframes provided are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs processing, or any events beyond our control. Once products are handed to the carrier, title and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of GABYSTEE, its subsidiaries, or its licensors. They are protected by U.S. and international patent, copyright, and intellectual property laws. These Terms authorize you to use the Services solely for personal, non-commercial purposes. You are not authorized to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms shall be construed as granting you any license or other right to any patent, trademark, copyright, or other intellectual property of GABYSTEE, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by GABYSTEE. The names, logos, product and service names, designs, and slogans of GABYSTEE are trademarks of GABYSTEE, its subsidiaries, or its licensors. You may not use them without the prior written authorization of GABYSTEE. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS You may have access to third-party tools through the Services that we do not monitor and over which we have no control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Services is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including new tools and resources). Such new features shall also be subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk. We disclaim all liability for any harm or damage related to your access to third-party websites or the purchase or use of products, services, resources, or content on those sites. We encourage you to carefully review the policies and practices of any third party before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY [MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.] GABYSTEE is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase made through our Store is made directly with GABYSTEE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and GABYSTEE, including any damage, harm, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transaction with GABYSTEE.
SECTION 10 – PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge having read these privacy policies. Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify and third parties who may be located in countries other than your country of residence, in order to provide the Services. See our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use. You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback. We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service. You agree that your Feedback will not violate any rights of any third party, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, nor any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility and shall not be liable for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after your order has been submitted).
SECTION 13 – PROHIBITED USES You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any applicable international, federal, state, provincial, or local regulation, rule, or law; (c) in a way that infringes the intellectual property rights of GABYSTEE, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to upload or transmit viruses or any other malicious code; (g) to send, knowingly receive, upload, use, or re-use any material that does not comply with these Terms; (h) to transmit or procure the sending of any advertising or promotional material, including "spam," "chain letters," "junk mail," or any other similar solicitation; (i) to impersonate or attempt to impersonate any person or entity; or (j) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm GABYSTEE, Shopify, users of the Services, or expose them to liability. Additionally, you agree not to: (a) use any robot, spider, scraper, data collection or extraction tool, automated device, AI tools (including agentic AI), or other automated or manual means to access the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, or pretexting through the Services; (e) circumvent, bypass, or neutralize any security or authorization features, robot exclusion headers, or any other measures we put in place to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any of these Terms.
SECTION 14 – AGENTS 14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of or at the direction of a person or entity, which may run on a device owned or used by a person without direct supervision. 14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in Section 14.4 below. Additionally, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service. 14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, and interacts with the Services. 14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) honestly respond to any question or prompt designed to determine whether interactions originate from a human or a computer; (iv) not circumvent or avoid any measures intended to block, limit, modify, or control Agent access, use, or interactions with the Services.
SECTION 15 – TERMINATION We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies it should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available for informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of its content. EXCEPT AS EXPRESSLY STATED BY GABYSTEE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GABYSTEE, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY CLAIM, LOSS, OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless GABYSTEE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising from (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any claim subject to this indemnity, provided that failure to provide timely notice shall not relieve you of your obligations unless you suffer material prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, including by providing relevant documents.
SECTION 19 – SEVERABILITY In the event that any provision of these Terms of Use is found 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 severed from these Terms of Use. Such a determination shall not affect the validity or enforceability of any other remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT 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. These Terms of Use, together with any policies or rules of use posted by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Use). Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any unauthorized assignment attempt shall be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 22 – GOVERNING LAW These Terms of Use, and any separate agreements by which we provide you with Services, shall be governed by and construed in accordance with the federal laws and the laws of the state or territory of the courts having jurisdiction in the jurisdiction where GABYSTEE has its principal place of business. You and GABYSTEE expressly consent to the territorial and personal jurisdiction of such courts.
SECTION 23 – HEADINGS The headings used in this agreement are inserted for convenience only and shall not affect or limit the interpretation of these Terms.
SECTION 24 – CHANGES TO TERMS OF USE You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION For any questions regarding these Terms of Use, please contact us at: support.gabystee@gmail.com
GABYSTEE support.gabystee@gmail.com Hollywood, FL 33023, United States