Welcome to our web site gabebags.com (“site”, “website”) owned by GABE BAGS hereinafter referred to “GABE” or “We”, “Us” or “Our” These General Terms and Conditions of Use govern the access to and use of the web site. The access to and use of this web site as well as the purchase of products on website are based on the assumption that these General Terms and Conditions of Use have been read, understood and accepted by you. The website and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Site (collectively, the TOS). Please read the TOS carefully before placing any orders on gabebags.com. We recommend you should keep a copy of the TOS for future reference.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
For any other legal information, go to the pages: Privacy Policy, Returns and Exchange
Site Policies, Modification and Severability
Please review our other policies posted on this site, including those related to retail sales made through this site. These policies also govern your visit to gabebags.com. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. These Terms will continue to apply until terminated by either GABE or you. If you intend to terminate this agreement you may discontinue using this website.
GABE may terminate this agreement if you have breached any provision of the Terms or you have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms.
Terms and Conditions of Sale
The products purchased on this site are directly sold by GABE. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein. These Terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and conditions. You can review the most current version of the Terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and conditions by posting updates and/or changes to our website.
Products
On gabebags.com, we only offer products marked with the GABE trademark. The website does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
The main characteristics of products are shown on gabebags.com on each product page. The products offered for sale on the website may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
Eligibility to purchase
In order to make purchases on gabebags.com you will be required to provide your personal details. In particular, you must provide your real name, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase product you expressly authorize us to perform credit checks and where gabebags.com feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. Charges on your bank statement will be appeared as gabebags.com. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.
Orders
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. GABE offers products for sale that are in stock and available for dispatch from our distribution center.
However 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or phone number provided at the time the order was made. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Occasionally there may be information on our site 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. 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).
Pricing Policy
Prices shown on the website are in Euro and are inclusive of VAT at the applicable rate.
All prices and offers remain valid as advertised from time to time. The price of a product displayed on the website at the time the order is accepted will be honored, except in cases of payment error.
However we reserve the right at any time to modify prices or discontinue the Service 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.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from our shipping carrier or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
Acceptance of Your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and GABE will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Malta and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions.
Payment
Payment can be made by Visa, Visa Electron, MasterCard and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account at the end of the checkout process. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to gabebags.com, we will not be liable for any delay or non-delivery.
All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple, and secure, gabebags.com uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website.
Insurance and Delivery
GABE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by destination customs clearance processes.
Shipping and Delivery of the Products
Our average delivery time to Malta and Gozo is within three days. In case the product is customised or still needs to be created we will inform you of the exact preparation time and delivery date. We are using Malta Post Services for all shippings. Orders over 40 euro are free of delivery charge to Malta and Gozo.
International shipping time and fees are calculated according to Malta Post Service prices and all packages are insured and trackable.
In case the customer wishes to use an independent currier, GABE cannot be hold responsible for any losses or damages and shipping cost has to be carried by the customer.
Returns and Exchange
Our returns policy lasts 14 days and only allows for the exchange of the returned product. If 14 days have passed since you received your order, we unfortunately cannot offer you an exchange.
We exchange the returned product or credit the value of the returned item.
We do not accept any refund requests, we exchange the returned product or credit the value of the returned item.
To return an item, please use this email address: gabe@gabebags.com
For more details please visit “Returns and Exchange” page.
Return Times and Procedures
If the items are returned within this time frame, we will exchange it or credit the value of the purchased products. The products may be returned by any shipping agent. The only costs at your own expense are those for return shipping. You will be responsible for any loss or damage to the products during transit. To return products we invite you to contact us by e-mail before shipping your return package to us.
For more details about procedures please visit “Returns and Exchange” page.
Changes to Terms and Conditions
You can review the most current version of the Terms and conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
If you need any assistance, go to the support area, where you will find information on orders, shipping, refunds and returning products purchased on GABE. Remember that you can always contact us by e-mail: gabe@gabebags.com.
Intellectual Property Rights
All content included on gabebags.com, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, Content), is the property of GABE and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent from us.
We shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. We shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by us or be carried out by you for lawful purposes only and in compliance with all applicable laws.
Disclaimers on content, copyright complaints
GABE does not warrant that the contents of the web site are appropriate or lawful in other Countries outside Malta, Hungary and United Kingdom. However, in the event that such contents are deemed to be unlawful or illegal in some of these Countries, please do not access this web site and, where you nonetheless choose to access it, we hereby inform you your use of the services provided by GABE shall be your exclusive and personal responsibility. We have also adopted measures to ensure that the content of GABE is accurate and does not contain any incorrect or out-of-date information. However GABE cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law. Moreover, GABE cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet. In the event of any problem in using our web site please write to the following e-mail address: gabe@gabebags.com. We will assist and help you to restore your access to the web site, as fast as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. The dynamic nature of the Internet and web content may not allow GABE to operate without any suspensions, interruptions or discontinuity due to updating the web site. GABE has adopted adequate technical and security measures to protect services on GABE, integrity of data and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non confidential information regarding users of GABE, and to avoid unauthorized or unlawful access to such data and information.
Other Businesses
Parties other than us may provide services or promote and sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. These links are provided for your convenience only and you access them at your own risk. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
BY USING THIS WEBSITE, YOU AGREE TO INDEMNIFY GABE, ITS OFFICERS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OF THE FOREGOING AGREEMENT. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GABE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GABE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
These General Terms and Conditions of Use are governed by Maltese law.