Terms of service

TERMS AND CONDITIONS OF USE

 

Thank you for visiting WallGusto.com.! You are reading these Terms because you are using a WallGusto.com website, social media platform, mobile app, or one of our other products or services, all of which are part of the WallGusto.com Platform ("Platform").

 

These Terms and Conditions of Use ("Terms" or "Agreement") constitute a legally binding agreement between you ("you," "your," or "Buyer") and Wall Gusto.com and its affiliates ("Wall Gusto™," "we," "us," or "our") regarding your use of the Platform. You agree to comply with all Terms of this Agreement when accessing or using our Platform.

 

Our Terms May Change: Some jurisdictions do not allow unilateral updates or changes to consumer terms, so this paragraph may not apply to you. We may update these Terms from time to time, at our sole discretion. If a material change is made, the updated Terms will be posted to our website or you will be notified. If you do not agree to our changes, please stop using the Platform. Your continued use of the Platform shall be deemed your acceptance of the new or updated Terms, except to the extent prohibited by applicable law.

 

Eligibility: You are only eligible to use our Platform if you are of legal age in your jurisdiction.   

 

Acceptance: To use the Platform, you must fully accept these Terms, without modification.  By using the Platform, or placing and paying for an order, you are confirming that you fully agree, accept, and consent to our Terms in their entirety.

 

Registration: As part of the registration process you must provide accurate and current registration information. Do not register an account on behalf of someone else or transfer your account. You are responsible for keeping your username, password, and other account credentials secure. Any personal data you provide to us will be handled in accordance with applicable law. You must notify us immediately of any unauthorized use of your account. Wall Gusto™ is not responsible for any loss or activity resulting from the unauthorized use of your account.

 

Termination: At any time, and in our sole discretion, we may terminate your access to our Platform without notice to you. You may cancel your account at any time by providing written notice to us. Upon any termination or account cancelation, this Agreement survives. Wall Gusto™ reserves the right in its sole discretion to cancel or decline the production of an order.  In the event an order is cancelled or declined, Wall Gusto™ may issue a refund minus any restocking fees. 

 

Returns and Exchanges: Wall Gusto™ offers a 30-day money-back guarantee for the full cost of your items. Please be aware that the shipping and handling fees from your initial purchase are non-refundable. If you wish to return or exchange an item, please follow the instructions available on our Platform. Wall Gusto™ will provide you with a prepaid return label for you to return your order to us. If you experience an issue while requesting a return or exchange via our Platform, please submit a support ticket to "support@WallGusto.com" and a customer experience representative will assist you.

 

If you have a return from outside of the contiguous United States, or if you order total is greater than $2,000, please contact support@WallGusto.com to connect with a customer experience representative who will assist you. All returns are handled on a case-by-case basis.

 

In the event your product arrives damaged, or an incorrect product is received, please take a photo of the damaged or incorrect product and send it to support@WallGusto.com. If the external packaging is damaged during delivery please submit photos of those as well. These photos play a critical role for Wall Gusto™ in filing claim(s) with the shipping provider(s)/carrier(s). Once your return request is received, we will contact you via e-mail to provide the next steps in proceeding with your return.

 

When returning a product, it is the Buyer’s responsibility to ensure that the items are packed properly and protected during shipping. If any product is damaged during the return process we will assess the damage and provide a reduced refund in our commercially reasonable judgment. Product that arrives back to us with visible usage including but not limited to damaged product and/or wear and tear, and which cannot be resold, could incur a return deduction of up to 100% of the purchase price.

 

Upon receiving your return package, our returns department will determine the proper refunds based on the reasoning and condition as stated above. Your refund will be processed and a refund issued within 5-7 business days.

 

Product Order Cancellation: If you wish to cancel your order, please send a written notice of cancellation to support@WallGusto.com within 48 hours of purchase.  Please submit your full name, order number and the e-mail address used to place the order. Cancellations will be processed within 48 hours of receipt by our customer experience team. Once processed, refunds will be issued to the original payment method within 5-7 business days after confirmation. Wall Gusto™ will not process cancellations after 48 hours or if the order has shipped.

 

Prices and Payment:

 

A.    The prices displayed on the Platform for products available for purchase represent the applicable retail prices. These prices do not include taxes, shipping and/or handling. Any applicable taxes and/or shipping and handling costs will be displayed prior to payment. All prices are displayed in United States dollars.

 

B.     By submitting an order through our Platform, you agree to pay in advance the price of the product(s), any applicable tax and/or shipping and handling costs, and/or other charge(s).

 

C.     If you experience an issue while placing an order through our Platform, please submit a support ticket to "support@WallGusto.com" and a customer experience representative will assist you.

 

Shipment Confirmation and Delivery: All orders are subject to acceptance by Wall Gusto™. We will confirm such acceptance by email confirming that the products have been shipped. If more than one method of shipment and timing for delivery are available, you may choose a shipment option and you will be charged in accordance with your choice. We are not responsible for shipping delays due to circumstances outside of our control.

 

Product Warranty: We guarantee our product(s) will be of good quality and free of manufacturer defects.  We will repair or replace any product or part that we determine, in our sole discretion, to be defective upon delivery. Claims must be submitted within (3) business days from the date of the delivered goods.  This warranty does not include damage resulting from normal wear-and-tear, damage incurred during assembly or maintenance, misuse, abuse, negligence, accidents, damages by others, UV fading, water damage, environmental conditions, natural disaster, or other damages resulting from use of the product other than for its intended use or design.

 

Limitation of Express Warranties: There are no express warranties other than those contained in this Agreement and they are not assignable. Any representations as to performance and other matters, except as contained in the Agreement, were for illustrative purposes only and do not constitute a warranty. Whether or not the products are to be used exclusively by Buyer, there shall be no third-party beneficiaries to the express warranties contained herein. Wall Gusto™ does not warrant any portion of the products not manufactured by or not furnished by us (whether or not specified by Buyer), but we shall assign to Buyer upon request all assignable warranties of our suppliers related to such products.

 

Disclaimer of Warranties: We neither represent nor warrant that our Platform or its products will meet your requirements. We make no representations or warranties other than as expressly made in these Terms, and hereby disclaim any and all implied warranties including but not limited to fitness for a particular purpose, merchantability, and non-infringement.

 

General Liability: No liability shall accrue against Wall Gusto™ because of any breach of these Terms and Conditions resulting from any work stoppage, act of God, unauthorized delays by the manufacturer, or other delay beyond our control.

Use of Site: It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:

    • Conduct or promote any illegal activities while using the Site or Services;

 

    • Upload, distribute or print anything that may be harmful to minors;

 

    • Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

 

    • Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;

 

    • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

 

    • Use the Site or Services to generate unsolicited email advertisements or spam;

 

    • Use the Site or Services to stalk, harass or harm another individual;

 

    • Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);

 

    • Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;

 

    • Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;

 

    • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or

 

    • Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

All graphics, designs, images, and other content provided by the Customer for printing shall remain the sole property of the Customer, and the Customer shall retain all rights, title, and interest therein. The Customer represents and warrants that it has all necessary rights, licenses, and permissions to use, reproduce, and authorize the printing of such materials. The Customer further agrees that no materials submitted for printing shall be unlawful, obscene, defamatory, or otherwise illegal, nor shall any materials infringe upon or violate any third party’s copyrights, trademarks, intellectual property rights, or other proprietary rights. The Company reserves the right to refuse to print any materials that, in its sole discretion, appear to violate these terms or applicable law.

 

Liability or Responsibility: We assume no liability or responsibility for any acts, misuse of our products, advertising, or violations of any local, state, or federal laws or regulations by the Buyer. You assume all responsibility for your acts as it relates to use of our products. You are responsible for using our products in accordance with local, state, and/or federal laws and regulations. 

 

Wall Gusto™ will not be liable for any consequential, incidental, indirect, punitive, or special damages arising out of, relating to, or connected with your use of our Platform, our services, or our products under any theory of liability. Even if we are advised of the possibility of such damages, our aggregate liability in connection with this agreement will in all events be limited to fifty dollars ($50.00 USD) or the amount paid to us, if any, as a fee for a particular sale. Some jurisdictions do not allow the limitation or exclusion of liability. In such jurisdictions, our liability to you is limited to the fullest extent permitted by law.

 

Indemnification: Buyer shall indemnify Wall Gusto™ from any and all third party claims, damages, and expenses (including reasonable attorney fees) under theories of tort, product liability, negligence (ordinary or gross), warranty, contract, statute, or otherwise arising out of the use, storage, sale, processing or other disposition of the products, supplies or materials used in connection with the products, or parts manufactured.

 

Arbitration: You agree that any and all of your claim(s) which have arisen, or may arise, against Wall Gusto™ (including any disputes or claims between you and a third-party agent of Wall Gusto™) that relate in any way to or arise out of this or previous versions of these Terms, your use of or access to our Platform, or the actions of Wall Gusto™ or its agents, shall be resolved exclusively through final and binding arbitration via the American Arbitration Association (pursuant to its Consumer Arbitration Rules, with a single arbitrator), within Oakland County, Michigan, rather than in court.

 

Applicable Law and Jurisdiction: These Terms apply to all orders submitted through our Platform, to all purchase orders received by Wall Gusto™, and to all sales of goods and services we sell, except as otherwise specifically provided in a document signed by us. All sales by Wall Gusto™ consist only of these Terms and those in other documents which are referred to herein or are attached hereto or in a document subsequently signed by us and referencing this transaction (all of which constitute the “Agreement”). The Agreement shall be governed, construed, and enforced under the law of the State of Michigan including the Uniform Commercial Code in force on the initial date of the Agreement (“UCC”), except as provided herein. The U.N. Convention on the International Sales of Goods shall not apply. Any services to be provided hereunder, whether or not they are otherwise ancillary to and part of a sale of goods as separate items, shall be considered ancillary to a sale of goods and the UCC shall apply to all goods and services to be provided hereunder (“Goods”). EXCEPT TO THE EXTENT ARBITRATION IS REQUIRED HEREUNDER, THE COURTS OF THE STATE OF MICHIGAN SHALL HAVE EXCLUSIVE JURISDICTION OVER THE PARTIES AND THE CLAIMS ARISING UNDER OR RELATED TO THE AGREEMENT. Except to the extent arbitration is required hereunder, the parties stipulate to the jurisdiction of Michigan courts in general, and venue as to those sitting in Oakland County in particular, as to all litigation. Any declaration of unenforceability of a provision shall be as narrow as possible and shall not affect the enforceability of the other provisions.

 

Attorney's Fees: If Wall Gusto™ prevails in any litigation involving our products, services, Platform, or these Terms, we shall be entitled to recover, in addition to any other relief obtained, the costs and expenses we incur, including actual attorney's fees.

 

Severability: The parties agree that each provision contained in these Terms shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions contained in these Terms shall for any reason be held to be excessively broad as to scope, activity or subject so as to be enforceable at all, such provision or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the applicable law.

 

Miscellaneous: We reserve the right to photograph and/or distribute or publish any work created for you for our promotional and marketing efforts, including but not limited to, mock-ups, and comprehensive presentations, as samples for our website, portfolio, firm newsletter, brochures, slide presentations and similar media.