Terms of service

OVERVIEW

Welcome to Gearcozy.

Gearcozy is operated by PA Ecommerce LLC. The terms “Gearcozy,” “we,” “us,” and “our” refer to PA Ecommerce LLC doing business through Gearcozy.

Gearcozy operates this store and website, including all related information, content, features, tools, products, and services, in order to provide customers with an online shopping experience collectively referred to as the “Services.”

Gearcozy is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information concerning your legal rights, including provisions regarding warranties, liability, intellectual property, orders, returns, and dispute resolution.

By accessing, browsing, interacting with, or using the Services, or by purchasing products from Gearcozy, you agree to these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, you should not access or use the Services.

Nothing in these Terms limits any mandatory consumer rights that cannot lawfully be excluded or limited under applicable law.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have obtained any legally required consent to use the Services.

When using the Services or purchasing products, you may be asked to provide information including your name, email address, billing information, payment information, and shipping information.

You represent that the information you provide is accurate, current, complete, and that you have the right to provide it.

If you maintain an account, you are responsible for maintaining the confidentiality and security of your login credentials and for activity conducted through your account.

You may not sell, transfer, assign, or license your account to another person without our authorization.

We reserve the right to suspend or restrict an account where we reasonably believe it has been used fraudulently, unlawfully, or in violation of these Terms.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to display and describe our products accurately.

However, product colors and appearance may vary slightly depending on your device, screen settings, lighting conditions, materials, printing methods, manufacturing processes, or other reasonable production variations.

Minor variations in color, placement, texture, dimensions, or appearance that naturally result from manufacturing or printing processes may occur and do not necessarily constitute a defect.

Nothing in this section limits any rights you may have where a product is defective, materially different from its description, incorrectly produced, or otherwise does not conform to applicable consumer protection law.

Product descriptions, availability, pricing, specifications, and designs may be updated from time to time.

We reserve the right to discontinue products or limit quantities where reasonably necessary.

SECTION 3 – ORDERS

When you place an order with Gearcozy, you are making an offer to purchase the selected products.

Receipt of an order confirmation does not necessarily mean that we have accepted your order.

An order is accepted when we confirm acceptance, begin processing or production, or otherwise indicate that the order has been accepted.

Payment must be successfully authorized before an order can be processed.

We reserve the right to decline or cancel an order where reasonably necessary, including in cases of suspected fraud, pricing or listing errors, payment problems, product unavailability, suspected unauthorized resale, or violation of these Terms.

If we cancel an order after payment has been received, we will refund the applicable amount using the original payment method, subject to applicable law.

Please review your order carefully before submitting it.

Because certain Gearcozy products may be made to order, printed on demand, customized, or personalized, we may be unable to change or cancel an order once production has started.

You are responsible for reviewing any personalization details, names, text, sizes, colors, designs, shipping addresses, and other selections before submitting your order.

Personalized, customized, and made-to-order products may be excluded from change-of-mind returns or cancellation rights where permitted by applicable law.

This does not affect your rights if the product is defective, damaged, incorrectly produced, materially different from the order, or otherwise fails to comply with applicable consumer law.

Returns, refunds, and exchanges are governed by our Return & Refund Policy, subject to any mandatory rights provided by applicable consumer protection law:

https://gearcozy.com/policies/refund-policy

Our standard return request period is described in that policy. Where applicable law provides a longer mandatory cancellation or withdrawal period, including certain rights available to qualifying consumers in the European Union, those statutory rights will continue to apply.

Products purchased through Gearcozy are intended primarily for personal or household use unless we expressly agree otherwise.

SECTION 4 – PRICES AND BILLING

Prices, discounts, promotions, and product availability may change without notice.

The price charged for an accepted order will generally be the price displayed at the time the order was submitted, subject to correction of obvious pricing or technical errors as permitted by law.

Unless otherwise stated, displayed prices may not include shipping charges, taxes, customs duties, import charges, or other fees that may apply to an order.

Any applicable charges presented during checkout form part of the amount payable for the order.

Promotions may be subject to additional terms.

If promotional terms conflict with these Terms regarding the specific promotion, the promotional terms will apply to that promotion.

You agree to provide accurate and complete payment, billing, shipping, and account information.

You represent that you are authorized to use the payment method submitted for your purchase.

You agree to pay all valid charges associated with orders you place, including applicable shipping charges, taxes, and other charges presented to you before checkout.

Payment processing may be provided by Shopify and third-party payment providers.

SECTION 5 – SHIPPING AND DELIVERY

Delivery dates, transit times, and estimated arrival dates displayed on the Services are estimates unless expressly stated otherwise.

Actual delivery times may be affected by product preparation, carrier operations, customs processing, weather, holidays, destination, demand, and circumstances outside our reasonable control.

We are not responsible for delays caused solely by shipping carriers, customs authorities, severe weather, natural disasters, government action, or other events outside our reasonable control, except to the extent applicable law provides otherwise.

You are responsible for providing a complete and accurate shipping address.

If an order cannot be delivered because the shipping information supplied by you was incorrect or incomplete, additional shipping or handling charges may apply where permitted by law.

Title and risk of loss will transfer in accordance with applicable law.

Where applicable consumer law requires Gearcozy to remain responsible for goods until you, or a person designated by you, receives physical possession of them, nothing in these Terms transfers that risk earlier or limits that statutory protection.

SECTION 6 – INTELLECTUAL PROPERTY

The Services and their content, including text, website design, graphics, images, video, audio, logos, trademarks, product presentations, and other materials, are owned by Gearcozy, PA Ecommerce LLC, our licensors, or other respective rights holders and may be protected by copyright, trademark, patent, and other intellectual property laws.

You may use the Services for your personal and lawful use.

Unless expressly authorized by us or permitted by applicable law, you may not reproduce, distribute, modify, republish, commercially exploit, publicly display, publicly perform, transmit, or create derivative works from content owned by Gearcozy without prior written permission.

Nothing in these Terms grants you ownership of or a license to intellectual property owned by Gearcozy, Shopify, or any third party except as expressly stated.

The Gearcozy name, logo, branding, and other brand identifiers are owned by or licensed to Gearcozy and may not be used without appropriate authorization.

Shopify's trademarks and branding are owned by Shopify.

Other names, logos, designs, trademarks, or intellectual property displayed through the Services remain the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools, applications, functionality, or services supplied by third parties.

We may not monitor or control those third-party tools.

Third-party tools may be provided on an “as is” and “as available” basis and may be subject to separate terms and privacy policies.

Your use of third-party tools is at your discretion and may be governed by the relevant provider's terms.

To the extent permitted by applicable law, Gearcozy is not responsible for acts, omissions, availability, or content of independent third-party tools.

We may introduce new features, resources, or tools in the future.

Unless otherwise stated, such features will form part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to websites, services, platforms, or content operated by third parties.

Gearcozy does not control independent third-party websites and is not responsible for their content, privacy practices, security, availability, products, or services.

If you access a third-party website through the Services, you should review that third party's applicable terms and privacy policies.

Transactions entered into directly with third parties are governed by the terms applicable to those third parties.

Nothing in this section limits liability that cannot lawfully be excluded.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Gearcozy is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are made directly between you and Gearcozy.

Shopify is not the seller of products offered by Gearcozy and is not responsible for Gearcozy's fulfillment of orders, products, customer support, returns, or other obligations arising from the sale between Gearcozy and you.

To the fullest extent permitted by applicable law, you acknowledge that Shopify and its affiliates are not responsible for losses, claims, damages, or liabilities arising solely from products purchased from Gearcozy.

Nothing in this section excludes rights or remedies that cannot lawfully be waived.

SECTION 10 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy:

https://gearcozy.com/policies/privacy-policy

Because our store is hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services.

Certain processing performed by Shopify may also be subject to Shopify's own privacy policy.

Information may be processed or transferred to service providers located outside your country of residence, as further explained in our Privacy Policy.

Please review our Privacy Policy for additional information regarding the categories of information we collect, how we use it, disclosures, cookies, advertising, international transfers, and privacy rights.

SECTION 11 – FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit reviews, suggestions, feedback, ideas, photographs, comments, proposals, or other content to us, you represent that you have the necessary rights to submit that content.

To the extent permitted by law, you grant Gearcozy a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, adapt, publish, display, distribute, and otherwise use content voluntarily submitted to us for purposes including operating, improving, marketing, and promoting our Services.

This license does not transfer ownership of your content to us.

You represent that your submissions will not violate the rights of another person, including copyright, trademark, privacy, publicity, or other proprietary rights.

You may not submit unlawful, defamatory, abusive, obscene, misleading, fraudulent, harmful, or malware-containing content.

If you received compensation, discounts, free products, or another incentive in connection with a review or submission, you are responsible for making any disclosures required by applicable law.

We may moderate, remove, or decline to publish content that violates these Terms or applicable law.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, shipping charges, availability, or estimated delivery times.

We reserve the right to correct errors, update information, or cancel an affected order where reasonably necessary and permitted by applicable law.

If we cancel an order because of an error after you have paid, we will refund the applicable amount.

Nothing in this section permits us to avoid obligations imposed by applicable consumer protection law.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable law, infringe intellectual property rights, harass or abuse others, transmit fraudulent or misleading information, distribute malware, impersonate another person, interfere with the operation or security of the Services, improperly collect personal information, send unauthorized spam, or engage in conduct that materially disrupts other users or the Services.

You may not reproduce, copy, extract, scrape, sell, resell, or commercially exploit substantial portions of the Services without authorization where such restriction is permitted by applicable law.

You may not use robots, spiders, scraping tools, automated extraction tools, artificial intelligence agents, automated devices, or similar processes to access or interact with the Services except as expressly permitted under Section 14, authorized by us in writing, or otherwise permitted by applicable law.

You may not bypass CAPTCHAs, security measures, access restrictions, rate limits, authentication controls, or other technical measures intended to protect the Services.

We may suspend or restrict access where we reasonably believe a user has materially violated these Terms.

SECTION 14 – AUTOMATED AGENTS

This section applies where you use or enable software or services that autonomously or semi-autonomously interact with the Services on behalf of a person or organization.

For purposes of this section, an “Agent” means software or a service capable of taking automated or semi-automated actions on behalf of a user.

An Agent may access or interact with the Services only where such access has not been prohibited by us and where the Agent complies with applicable technical and identification requirements.

Where technically applicable, an Agent should truthfully identify itself as automated software and should not intentionally disguise automated activity as human activity.

An Agent may not circumvent CAPTCHAs, authentication mechanisms, rate limits, robot exclusion measures, security systems, or technical restrictions intended to block or limit automated access.

We reserve the right to restrict or block automated access to protect the security, availability, integrity, or commercial operation of the Services.

Nothing in this section grants an Agent permission to copy, scrape, reproduce, commercially exploit, or use content in a manner otherwise prohibited by these Terms or applicable law.

SECTION 15 – TERMINATION AND SUSPENSION

We may suspend, restrict, or terminate access to the Services where reasonably necessary, including where we believe you have materially violated these Terms, engaged in fraud or unlawful activity, compromised the security of the Services, or abused our systems.

Where permitted by law, we may also discontinue all or part of the Services.

Termination or suspension of access does not automatically cancel an order that we have already accepted.

Any accepted order will continue to be governed by these Terms and applicable policies unless the order is lawfully cancelled by us or by you.

Termination does not affect rights, remedies, obligations, or liabilities that accrued before termination.

Provisions concerning intellectual property, payment obligations, Feedback, disclaimers, limitations of liability, indemnification, governing law, privacy, and other provisions that by their nature should survive will continue to apply after termination.

Nothing in this section limits mandatory consumer rights.

SECTION 16 – DISCLAIMER OF WARRANTIES

We make reasonable efforts to maintain accurate and functional Services.

However, websites and digital services may occasionally be unavailable, delayed, interrupted, or affected by technical issues outside our reasonable control.

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

Except where expressly stated or required by applicable law, we do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Any warranty disclaimers in these Terms apply only to the extent permitted by law.

Nothing in these Terms excludes statutory warranties, guarantees, conformity rights, or other consumer protections that cannot lawfully be excluded.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Gearcozy, PA Ecommerce LLC, our affiliates, officers, employees, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from your use of the Services where such damages may lawfully be excluded.

This may include loss of profits, loss of revenue, loss of data, loss of business opportunity, or similar indirect losses.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law.

Nothing in these Terms is intended to exclude or limit liability for fraud, fraudulent misrepresentation, willful misconduct, or death or personal injury where such liability cannot legally be excluded.

Nothing in this section limits any mandatory remedy available to a consumer for defective, non-conforming, damaged, or incorrectly supplied goods.

Where applicable law does not permit certain exclusions or limitations, the relevant limitation will apply only to the maximum extent permitted by that law.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Gearcozy, PA Ecommerce LLC, Shopify, and our respective affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from third-party claims, losses, or liabilities arising from your material violation of these Terms, your violation of applicable law, your infringement of another person's rights, or unlawful misuse of the Services.

This provision will not require a consumer to indemnify us for losses caused by our own breach, negligence, unlawful conduct, or matters for which indemnification cannot lawfully be required.

Where an indemnifiable claim arises, we may notify you and reasonably cooperate regarding its defense.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

Any unenforceable portion will be severed or limited as necessary without affecting the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms, together with the policies and terms incorporated by reference, constitute the agreement between you and Gearcozy regarding your use of the Services and supersede prior agreements relating to the same subject matter, except where otherwise required by applicable law.

Nothing in this section excludes statements, representations, or rights that applicable law does not permit us to exclude.

SECTION 21 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent where such restriction is permitted by law.

We may transfer or assign our rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of assets, or transfer of our business, provided that such transfer does not unlawfully reduce your existing rights.

Nothing in this section limits rights that cannot lawfully be restricted.

SECTION 22 – GOVERNING LAW AND JURISDICTION

These Terms of Service and any agreements through which we provide the Services will be governed by and construed in accordance with the laws of the State of Colorado and applicable federal laws of the United States, without regard to conflict-of-law principles, except where mandatory consumer protection law requires otherwise.

To the extent permitted by applicable law, disputes arising out of or relating to these Terms or the Services may be brought before the appropriate state or federal courts located in Colorado.

If you are a consumer, nothing in this section deprives you of mandatory protections available under the laws of your state, country, or habitual place of residence.

Nothing in this section prevents you from bringing proceedings in a court or forum where applicable consumer law expressly permits you to do so.

SECTION 23 – HEADINGS

Section headings are included for convenience and organization only.

They do not limit or alter the meaning of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

You can review the current version of these Terms of Service on this page.

We may update these Terms from time to time to reflect changes in our Services, business practices, technology, legal requirements, or operational needs.

When we make material changes, we will provide notice where required by applicable law.

Updated Terms will apply from the effective date stated in the revised version.

Changes will not retroactively remove rights that have already accrued unless permitted by applicable law.

Your continued use of the Services after updated Terms take effect constitutes acceptance of those changes to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Gearcozy / PA Ecommerce LLC

Email: support@gearcozy.com

Mailing Address:
PA Ecommerce LLC
1942 Broadway STE314c
Boulder, CO 80302
United States