Shop – Terms & Conditions of Use

Last updated: 12 January 2021

Goochi Adventures Ltd (“we” or “us”) operate an online store from which you may purchase products and services.

These Terms of Use apply to the content and functionality of the Shop, and to the Products.

1. Information that you provide to us

You may give us information about yourself when you visit the Shop. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorise us to send those messages when you visit the Shop and provide your contact details.

2. Shop Intellectual Property

As between you and Goochi Adventures, we exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Shop (collectively, “Goochi Adventures Shop IP”).

You may choose to or we may invite you to submit comments or ideas about improvements to the Shop or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that we have no obligation, legal or ethical, or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Products, Content and Specifications.

Details of the products and services available for purchase in the Shop are set out in the Goochi Adventures Shop. All features, content, specifications, products and prices of products and services described or depicted in this Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Goochi Adventures Shop due to the limitations of the systems that are used to access the Shop. The inclusion of any products or services in the Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

4. Shipping and returns

This Section 4 applies to Goochi Adventures Shop Products that are physical goods. For clarity, this Section 4 applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by Goochi Adventures. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Goochi Adventures is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Goochi Adventures Shop Product will be delivered to the requested delivery location.

Unless otherwise noted in the product description, Goochi Adventures Shop Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. Goochi Adventures will cover the cost of return shipping and will refund your purchase price in full.

5. No warranties

We provide the Goochi Adventures Shop, Goochi Adventures Shop IP and Goochi Adventures Shop Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Goochi Adventures or obtained by you from or through the Shop creates or implies any warranty to you.

Goochi Adventures disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Goochi Adventures Shop; (b) that the Goochi Adventures Shop Products will meet your specific needs or requirements; (c) that the Goochi Adventures Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Goochi Adventures will correct any defects or errors in the Shop; or (e) that the Goochi Adventures Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Goochi Adventures Shop is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms & Conditions of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

6. Limitation of liability

Under no circumstances will Goochi Adventures be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Goochi Adventures Shop or for the unavailability of the Goochi Adventures Shop, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms and Conditions of Use or your use of the Goochi Adventures Shop, even if such damages are foreseeable, and whether or not you or Goochi Adventures has been advised of the possibility of such damages. Goochi Adventures is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Goochi Adventures Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Goochi Adventures further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Goochi Adventures Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Goochi Adventures Shop; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Goochi Adventures Shop; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Goochi Adventures in relation to the Goochi Adventures Shop, Goochi Adventures Shop IP, and Goochi Adventures Shop Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Goochi Adventures during the three-month period immediately preceding the event that gave rise to your claim for damages, and GBP £20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

7. Modification and severability

We have the right to change or add to these Terms and Conditions of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Goochi Adventures Shop by posting such changes on our website. You can access a copy of the current version of these Terms and Conditions of Use on our website at any time. You can find out when these Terms were last changed by checking the “Last updated” date at the top of the page.

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