terms and conditions

terms and conditions

OVERVIEW

https://www.ginacas.com is owned and operated by ALL OR NOTHING AGENCY LLC, based in the USA, 1178 Broadway, 3rd Floor #3975, New York, NY, ZIP Code 10001 and SC ALLORNOTHING AGENCY SRL, based in Romania, ZIP Code 145100, with the following contact information: phone number: +1 (917) 774-4539, +40 (770) 983-445, e-mail: office@ginacas.com. Throughout the website, the terms 'I', 'we', 'us' and 'our' and 'GINA CAS' refer to ALL OR NOTHING AGENCY LLC and SC ALLORNOTHING AGENCY SRL. We offer this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing a product or a service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to the appropriate currency.

Please read these Terms of Service carefully before accessing or using our website https://www.ginacas.com

By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website, following the posting of any changes, constitutes acceptance of those changes.

Your submission of personal information through the store is governed by our Privacy Policy.
We invite you to consult the Privacy and Personal Data Protection Policy, as well as the Cookie Consent.

GENERAL CONDITIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

USE OF THE WEBSITE AND SERVICE

By agreeing to these Terms of Service, you declare that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may use the website and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the website. You agree to use the website and to purchase services or products through the website for legitimate, non-commercial purposes only.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Any attempt to access another user’s personal data or to modify the content of the website, or to affect the performance of the server running the website will be considered an attempt to defraud the website and will initiate criminal investigation against the person or persons who tried this.

LIMITATION OF LIABILITY

You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Our Company does not assume responsibility for incomplete descriptions. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

We try to minimize any mistakes that may arise from the electronic or manual editing of the information presented. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). This website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.

Our company is not responsible for the damages created as a result of the non-functioning of the website as well as for those resulting from the impossibility of accessing certain links published on the website.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

In no case shall GINA CAS, represented by our Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the Service or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

INTELLECTUAL PROPERTY (COPYRIGHT)

The website and Service contain intellectual property owned by GINA CAS. All content on the website, including images, text, animations, programs, scripts and any other data, trademarks, copyrights, proprietary information and other intellectual property is the property of our Company and it is protected under the Copyright, Intellectual and Industrial Property Laws. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, duplicate, copy, sell, resell or in any way exploit in any format whatsoever any of the website or Service content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy. The use without consent of our Company of any of the elements listed above is punished according to the laws in force.

PRODUCTS OR SERVICES

We offer certificate of conformity of products and guarantee of conformity of products

We guarantee any commitment assumed towards the consumer without requesting additional costs, to refund the price paid by the consumer, to repair or replace the purchased product, if it does not correspond to the conditions stated in the product description on the website.

We are responsible to the consumer for any lack of conformity existing at the time the products were delivered. In case of non-conformity, the consumer has the right to request the seller to bring the product to conformity, without payment, by repair or replacement, or to benefit from the corresponding price reduction or termination of the contract for this product, under the conditions provided by law.

We have made every effort to display our products and services accurately. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store section. We cannot guarantee that your computer monitor’s display of any color will be accurate. We do not warrant that the quality of any of our products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

The services offered are subject to our acceptance of your order or requests. We reserve the right to refuse Service to anyone for any reason at any time. No order is deemed accepted by us until payment has been processed. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. We may exercise this right on a case-by-case basis.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

SHIPPING

Worldwide International and Domestic door to door service, via courier companies.

Shipments are delivered to the full address of the Recipient communicated by it, but not necessarily in person, to the nominated Recipient. The delivery company may notify the recipient of a future delivery or a failed delivery. The recipient may be offered alternative delivery solutions such as next day delivery, unsigned delivery, forwarding or collection from a shipping center. If the address communicated by the Recipient is wrong and the package requires redirection by the courier to another address or another city, the related costs will be borne by the Recipient.

If you are not at home during the period when the package should arrive, please mention the period or date when you can be found at the Destination, in the “Other details” box, when filling in the contact details, or by sending an e-mail to office@ginacas.com, within 24 hours, to establish by mutual agreement a delivery period of the package.

The delivery is made worldwide within 2-6 working days, but not more than 30 working days, in case of situations that we cannot control. We are not responsible for delivery delays due to conditions/third parties whose influence cannot be controlled by us or by the Carrier Company, such as: customs or other government office, but also cases of “force majeure”, such as: earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, revolt or raising of the civil masses or industrial action.

If there are signs of damage upon receipt of the package, please send us a notification at office@ginacas.com, within 24 hours of receipt.

GINA CAS must fulfill its contractual obligations within a maximum of 30 days from the date on which the consumer submitted the order, unless the parties have agreed otherwise.

If GINA CAS has not fulfilled its obligation to deliver the products at the time agreed with the consumer, but not later than 30 days after placing the order, the consumer will request to make the delivery within an additional time, according to the circumstances. If GINA CAS does not deliver the products within the respective additional term, the consumer has the right, as the case may be, to the resolution or termination of the contract.

Any taxes/duties/VAT have to be paid by customers. We are not responsible for any taxes/duties/VAT related to the shipping or the products of GINA CAS. All import duties, taxes or VAT are paid by the consignee. We have no control over this and cannot estimate additional fees. All customs duties and taxes are managed by your local customs authorities and we do not control these charges.

You can contact us at office@ginacas.com for any information regarding the shipping of your order.

RETURNS

Right of withdrawal from ordering GINA CAS Products

The consumer benefits of a 14days period to withdraw from the contract, respectively to return the product/products, notifying in writing to the e-mail address office@ginacas.com, before the expiration of the withdrawal period, without having to justify the decision to withdraw and without incurring other costs, in addition to the costs of return transport.

The withdrawal period expires within 14 days from the day on which the consumer or a person designated by the consumer, other than the carrier, enters into physical possession of the products. After receiving the withdrawal request, GINA CAS will send a confirmation of receipt of the consumer withdrawal request, respectively the return of the product/products received and will refund the amount of the order paid by the customer within 30 days from the date of termination of the contract by the consumer.

Items can be returned if the product matches the product on our website. They must be returned in original conditions, unused and undamaged. We reserve the right to decline any returns if it does not match our return policy. A return must be shipped with the same Carrier Company it has been shipped to you. The sender (you) is always responsible for the shipment and shipment costs.

How to return?

-Notify us at office@ginacas.com  

-Print your order confirmation and put this in the package.

-Ship with the same Courier Company it has been shipped to you; If you want to send with a different carrier, please notify us before and you will as well be responsible for all the costs.

Please send to the address from where the package has been sent to you. We will give all the details after being contacted on our e-mail.

We will refund your money within 3-7 business days from receiving your package, depending on your bank.

You can contact us at office@ginacas.comfor any further information.

CANCELLING ORDER / WRONG ADDRESS

If GINA CAS is unable to perform the contract due to the fact that the product or service is not available, it must inform the consumer of this unavailability and the amounts paid by the client must be reimbursed within a maximum of 30 of days.

If you sent the wrong address for your shipment, you must notify us at office@ginacas.com within maximum 24 hours. If you fail to notify us within maximum 24 hours, you will pay for the redirection of your order, according to the Carrier Company’s costs.

Cancelling order for GINA CAS products

If you want/need to cancel your GINA CAS products purchase, we require a 24-hour order cancellation, as is standard practice of most professional businesses. If you cancel within maximum 24 hours, your money shall be refunded. Failure to provide 24-hour notice of cancellation will result in the forfeiture of your refund, so please be absolutely certain you want/are able to pay before you order one of our products.

By enrolling to the purchase of a GINA CAS product, you give your consent that we will immediately proceed to send the product at your Destination, after the payment has been made. Therefore, if you don’t cancel the shipping within maximum 24 hours from the placement of the order, you won’t get any refund of your money, for any reason.

If you want to cancel the product order, please notify us at office@ginacas.com within maximum 24 hours.

Cancelling order for GINA CAS services

If you want/need to cancel your GINA CAS service, we require a 24-hour order cancellation, as is standard practice of most professional businesses. If you cancel within maximum 24-hour, your money shall be refunded. Failure to provide 24-hour notice of cancellation will result in the forfeiture of your refund, so please be absolutely certain you want/are able to pay before you book one of GINA CAS services.

By enrolling to the purchase of a GINA CAS service, you give your consent that we will immediately proceed with your service, after the payment has been made. Therefore, if you don’t cancel the service order within maximum 24 hours from the placement of the order, you won’t get any refund of your money, for any reason.

Please notify us if you want to cancel the GINA CAS service at office@ginacas.com. If you proceed to cancel the GINA CAS Service within maximum 24 hours, we will refund your money within 3-7 business days, depending on your bank.

PAYMENT POLICY / REFUNDS

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Payment is made prior to the order, not refund (upon receipt of the product/service). Payment is made online, through PayPal payment methods, respectively payment by card. After payment, you will receive confirmation by e-mail, as well as confirmation of placing the order.

By placing your order, you acknowledge that the contract starts at the time of placing the order, respectively the payment of the product/service. By clicking the BUY NOW button, you give your consent so that we proceed to the shipment of your Products or with starting your Service.

Therefore, if you don’t cancel the Product or Service order placement within maximum 24 hours from the placement of the order, you won’t get any refund of your money, for any reason.

REFUNDS

Obligations of GINA CAS in case of withdrawal

GINA CAS Products

GINA CAS reimburses all amounts received as payment from the consumer, not including delivery costs, without undue delay and, in any case, no later than 30 days from the date on which it is informed of the decision of the withdrawal of the consumer from the contract.

GINA CAS reimburses the amounts paid by the consumer, respectively the cost of the product/products, but not including the shipping costs, using the same payment methods as those used by the consumer for the initial transaction, unless the consumer has given the express consent to use another method of payment and acknowledges that it is not the responsibility of the provider to pay commissions following reimbursement.

GINA CAS is not obliged to reimburse the additional costs if the consumer has explicitly chosen a different type of delivery than the standard delivery offered by the manufacturer.

We will refund your money within 3-7 business days of receiving the product, depending on your bank, but no more than 30 days from the date of termination of the contract by the consumer.

We reserve the right to decline refunds on any damaged, used or sale products.

GINA CAS SERVICES

All the details about GINA CAS services will be provided via e-mail, along with signing a separate agreement that will contain all the terms agreed between the parties. GINA CAS services are customized and all the price details, as well as other terms of collaboration shall be discussed prior to signing a contract. 

Please contact us at office@ginacas.com for services details, orders and additional information.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 by you of optional tools offered through the website is entirely at your own risk and discretion and 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 services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.

DISPUTES

Any dispute between Customers and the Company will be settled amicably. If the conflict has not been settled amicably, the issue should be taken to Court.

INDEMNIFICATION

You agree to indemnify, defend and hold GINA CAS and our company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service or when you cease using our website.

If in our sole judgment you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny your access to our Service (or any part thereof).

SEVERABILITY

In the event that any provision of these Terms of Service is determined 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The failure of us 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 Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CONTACT INFORMATION

Any questions regarding the Terms and Conditions written above can be addressed by contacting us at office@ginacas.com.