TERMS & CONDITIONS

Welcome to Gilda and Bass,

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use”) shall govern the relationship between:

Company Name: Pasavi Initiatives, LLC

Principal Office: 30N Gould St STE R Sheridan, WY 82801 (USA)

(hereinafter referred to the “Company” or “Gilda and Bass” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”) and shall also govern your use of https://www.gildaandbass.com/ (hereinafter referred to as the “Website” or “Site”).  

Gilda and Bass sells various clothes and accessories through its website - https://www.gildaandbass.com/. (hereinafter referred to as the “Product(s)”) 

Please read these Terms carefully, as these, along with our Shipment Policy, Return Policy, Cookie Policy and Privacy Policy statement forms the entire agreement between you and Gilda and Bass. If you do not accept these Terms in its entirety, then you may not use the Site or make purchases on it.

Additionally, whenever you make a purchase on our website, the same is governed by our Shipment Policy, and Return Policy, and how we collect, use, store, share and transmit your data is governed by our Cookie Policy and Privacy Policy statement. These Terms & Conditions shall be read in conjunction with our Cookie Policy, Shipment Policy, Return Policy, and Privacy Policy statement.

Acceptance of the Terms & Conditions

By accessing or using or registering on our website in any way, or by placing an order for any of our Products, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.
2. You are of sound mind, at least of the legal age of majority as per the laws of the jurisdiction in which you reside, and otherwise competent to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to access and make purchases on the website. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the website, or we need to have obtained verifiable consent from your parent or legal guardian.
3. We must not have previously disabled your account for violation of law or any of our policies or for misuse of any of our products.
4. You have read, understood and consented to our Shipment Policy, Return Policy, Cookie Policy, as well as our Privacy Policy statement.

ACCOUNTS, PASSWORDS AND SECURITY

1. Account Registration: To access various parts of the Site, and to make purchases on Gilda and Bass website, you might be required to register and create an account on our Site. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
2. Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
3. Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of our website.

Use of the Site and Products

Allowed uses:

1. Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site, or while placing an order for our Products.
2. Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All this collected information will be dealt in accordance with our Privacy Policy statement.
3. Material: For the purposes of these Terms, “material” shall mean any text, video, design, photo, sound material, or product listed on the website or on the products, whether a copyright of Gilda and Bass, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website. You must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

Restricted uses:

You must not use our Products or our copyright or trademark in connection with any obscene, defamatory, violent, immoral, or illegal purposes or post. 

You can’t impersonate others, create duplicate accounts, or provide inaccurate information. 

You cannot use our Site or purchase our Products for the purpose of resale.

1. You cannot breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.

You must not misuse or interfere with the website or try to access them using a method other than the interface and the instructions that we provide. You may use the website and our Products only as permitted by law and as per the directions provided by us. 

You must not:

republish material from this website;

sell, rent or sub-license material from the website;

show any material from the website in public without our consent;

edit or otherwise modify any material on the website (other than editing your own information as per the method provided);

reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or

redistribute material from the website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;

infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;

We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.

Ownership Rights

This website, domain (https://www.gildaandbass.com/), all of our Products, logos, content, designs, trademarks, trade dress, trade name, shall remain the sole property of the Gilda and Bass or its licensors (as the case may be). Your use of or access to this website or purchase of the Products shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this website, Products, any content published by us or our licensors or third parties. This website, Products, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this website and our Products are the exclusive property of, or are licensed to the Gilda and Bass and are protected. No use of a trademark, trade dress, trade name or design appearing on this website or Product may be made without the prior written permission of Gilda and Bass or the respective owner.

Privacy

In order to see what personal information we collect and how we use or store or share such information, please refer to the detailed Privacy Policy statement available on our website.

Links to Third-party Sites 

The website might contain links to third-party websites and services. For example, the website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of Gilda and Bass, and Gilda and Bass is not responsible for any third-party links. Gilda and Bass provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Gilda and Bass shall not be responsible.

Orders, Payments and Taxes

All orders are subject to acceptance and availability, and you agree to pay for the products that you purchase on our website, and you authorize us (or our third-party payment gateway service providers) to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to bear all the applicable taxes and duties (wherever applicable). We reserve the right to modify the prices of our products, or discontinue certain Products at any time at our sole discretion without any prior notice. For details in respect of returns or refunds, please refer to our Return Policy posted on the website.

Legal Disclaimer 

The website, and all its products are provided on an “as-is” and “as available” basis, and Gilda and Bass (and our owners, partners, licensors and affiliates) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, desirability, reliability, completeness, safety, or fitness for a particular purpose. We make no warranty that the website, or any of its products, will meet your requirements, or will be of a quality that you expect. 

Limitation of Liability

1. To the maximum extent permitted by law, in no event shall our Company (or our owners, partners, licensors or affiliates) be liable to you or any third party for any damage, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of our Products, or relating to your inability to use or purchase from, the Site, even if Gilda and Bass has been advised of the possibility of such damages. Access to, and use of, the Site and its products is at your own discretion and risk, and you will be solely responsible for any damage whatsoever.
2. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount of your order in question. The existence of more than one claim will not enlarge this limit. 

Legal Action

If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Gilda and Bass, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately. 

Indemnity

You acknowledge to defend, indemnify and hold Gilda and Bass, our owners, distributors, affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Legal Counsel’s fee, made by a third party, relating to, or arising from:

1. Your violation of ours or any third-party right;
2. Your wrongful or improper use of our products or Site;
3. Your violation of any applicable laws, rules or regulations;
4. Your violation of these Terms or any other policy of ours as associated with our services;
5. The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our products.

Governing Law and Dispute Resolution

Governing Law: The Terms and any dispute arising from the same will be governed by the laws of the State of Wyoming (USA), except for its conflict of law principles.

Jurisdiction: Unless provided otherwise by the applicable law prevailing in your jurisdiction, all disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate court located in Sheridan County, Wyoming (USA).

Notices

When you use the website or send emails to Gilda and Bass, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. Gilda and Bass will communicate with you by post or by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address and/or by posting it to your address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to info@gildaandbass.com

Miscellaneous

1. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
2. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms. 

Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your access to our Site, at our sole discretion. 

1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
2. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
3. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
4. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
5. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Gilda and Bass, which may be withheld at Gilda and Bass’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void. 
6. Entire Agreement: The Terms, Cookie Policy, Shipment Policy, Return Policy, and our Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Gilda and Bass and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
7. Force Majeure: Gilda and Bass and its third-party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, industrial disruption, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
8. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Products after any amendments to the Terms shall constitute your acceptance to such amendments.

Grievance Officer

In the event you have any grievance regarding anything related to these Terms, Return Policy, Shipment Policy, Privacy Policy, or our Products, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at info@gildaandbass.com 

Feedback and Information.

We welcome your questions or comments regarding the Terms. You can write to us via email: info@gildaandbass.com

Last updated on January 29, 2023.

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material or products or content that you believe to be residing on our website (https://www.gildaandbass.com/) should be promptly sent in the form of written notice to our designated agent. 

Designated Agent (the “DMCA Agent”) for DMCA Notices:

• Name: Ana Cervantes
• Email: info@gildaandbass.com

Note: You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

Filing a DMCA Notice: 

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

Signature of copyright owner or person authorized to act on behalf of the owner;

Identification of copyrighted work claimed to be infringed;

Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient for us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party (address, phone number and, if available, email address);

A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).

Repeat Infringer Policy: 

Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.

False Claim:

You could be liable for the punishment for perjury or such other legal recourse if you make false claim alleging copyright infringement.

Last updated on January 29, 2023.

SHIPMENT POLICY

This Shipment Policy (hereinafter referred to as the “Policy”) describes how the orders are shipped, when you place orders with Gilda and Bass on our website, i.e. https://www.gildaandbass.com/ (hereinafter referred to as the “Website” or “Site”)

This Policy shall be read in conjunction with our Terms & Conditions, Return Policy, Cookie Policy and Privacy Policy statement.

DELIVERY

Delivery Service: We are presently shipping to: United States, Europe, Australia and Indonesia.. We use the services of third-party delivery service provider, namely, FedEx, for shipping all the orders placed by our customers. 

1. Processing and Delivery Time: Although the products are generally dispatched within a period of 7 to 10 working days from the date of order, it may sometimes take more time for the orders to dispatch, and delivery time will vary from location to location. 
2. Important Note: The delivery time is subject to change based on industrial or business disruption, shortage of an item, bad weather, transit time of your carrier, destination address, or covid related restrictions etc. Processing and shipping times may increase during holidays and other peak seasons.
3. Fee: We offer free worldwide shipping for all orders. 
4. Other fees: All total purchase prices exclude customs duties, import fees or any other local charges. Customs taxes would be the cost of purchasing a product shipped from another country. When international customers purchase a product from us, country of residency may charge customs fees upon delivery. Gilda and Bass is not responsible for this expenses. Where there is a customs inspection, we will provide the correct paperwork for the same. However, we cannot be held responsible for how long it takes for your order to pass through the customs.
5. No Change: You cannot change the shipping address or the shipping method selected after checkout.

ORDERS, SHIPMENT, FAILED DELIVERY, AND DAMAGED/OPENED BOX

1. Not for Commercial Purpose: You cannot buy our products for a commercial purpose, unless allowed by us. No use of our intellectual property may be made without our express written consent.
2. Assumption of Risk: You will assume the risk for the products once they have been delivered to the delivery address which you specified. We or our delivery partners accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
3. Failed Delivery: If your package cannot be delivered to the shipping address provided by you for the reasons such as an incorrect shipping address and/or incorrect phone number, the package will be returned to us at your expense.
4. If you fail to pick-up: If the receiver is absent upon all delivery attempts, your package will be held at a local centre of one of our third-party logistic service providers for pick up.  If you fail to pick up the package from there for any reason, the package will be returned to us.
5. Refusal by you/receiver: If you/receiver refuse receipt of your package, the package will be returned to us. 

CHECKING THE ORDER STATUS

As soon as your order is shipped, you will receive an email notification from us which will include a tracking number that you can use to continually check its status. Please allow us up to 48 hours for the tracking information to become available. If you haven’t received your order within the period communicated to you in your shipping confirmation email, please contact us at info@gildaandbass.com with your name and order number, and we will look into it for you.

THIRD PARTY DELIVERY SERVICE PROVIDERS 

Whenever you place an order with us, our third-party delivery service provider, namely, FedEx (hereinafter referred to as our “Delivery Partner”) ships and delivers the products to your doorsteps in the most convenient and hassle-free manner. For this purpose, we also share certain personally identifiable information (PII) of yours with our Delivery Partner in order to fulfill your order. Please refer to our Privacy Policy statement for more details on this subject.  

1. RESERVATION OF RIGHT

We reserve the right to cancel any order from our end if the product that you ordered runs out of stock, or becomes unavailable for any reason. In such case, we will refund you all the amounts that you’ve paid for such product.

1. RISK OF LOSS

The items you purchase are shipped by the Delivery Partner, therefore, as a result, risk of loss and title for such items shall pass to you, upon our delivery to the Delivery Partner. In no case, shall we be responsible for any lost or delayed shipments. 

Last updated on January 29, 2023.

RETURN POLICY

This Return Policy shall be applicable when you make any purchases on https://www.gildaandbass.com/ (hereinafter referred to as the “Website” or “Site”).

Please read this Policy carefully, as it forms a binding agreement between you and Gilda and Bass. If you do not accept this Policy in its entirety, then you may not place orders with us. 

This Policy shall be read in conjunction with our Terms & Conditions and our Privacy Policy statement.

ACCEPTANCE OF THIS POLICY

By placing an order with us you hereby represent that you have read, understood, and agreed to be bound by this Policy. Please note, we don’t offer exchange.

DESCRIPTION

We use our best endeavour to provide accurate and materially complete description of all our products listed on our website. However, we do not warrant that such description will always be accurate, complete, reliable, current or error-free. We reserve the right to make corrections and modifications in such description. 

PRICING DISCLAIMER

We endeavour to provide accurate and up-to-date pricing information with respect to the products listed on the Site. We cannot, however, warrant against pricing errors. Gilda and Bass reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of any error. If this occurs, we will notify you by email or other written communication. Besides this, Gilda and Bass reserves the right, at its sole discretion, to correct any error in the stated retail price of the concerned product. We may also update the prices of our products, from time to time, at our sole discretion.

CANCELLATION RIGHTS OF EU AND US RESIDENTS UNDER APPLICABLE LAW

1. Cancellation Right of EU Residents during Cooling Off Period: As per EU’s Consumer Rights Directive (as amended by Directive (EU) 2019/2161), all EU residents have a cooling off period, where you have the right to cancel and return all orders placed by you on our website within a period of 14 (fourteen) days from the date of delivery of your order. When you cancel your order within this cooling off period, we will refund you all the amounts paid by you, except the return shipment fee which shall be borne by you. To request a cancellation within this time frame, please contact us at info@gildaandbass.com Please note, you cannot cancel your order after 14 days have lapsed from the time you received your order.

Cancellation Right of US residents: All US residents have a right under the federal law to cancel the purchases made by them within a period of 3 (three) days from the time that the order was placed by you. To cancel, please write to us at info@gildaandbass.com.

RETURN AND REFUND 

Return Period: You can initiate a return for all defective or damaged products purchased from the website within a period of 15 days calculated from the order delivery date (“Return Period”). You shall be responsible for shipping the product back to us. When you initiate a return within this Return Period, we will refund you all the amounts paid by you. To request a return within this time frame, please contact us at info@gildaandbass.com Please note, you cannot return your order after the expiration of the Return Period.

1. Condition of Cancelled/Returned Orders: The products in the order that you wish to cancel or return must be unused, unopened, have no signs of damage or use, and returned in the original condition in which it was shipped, including but not limited to the packaging box and any original tags attached. Breach of this section will lead to rejection of the refund request.

* Please note that discounted items at the time of purchase cannot be returned.*

Returning the Order: You are responsible to ship the order back to us safely in case you decide to return it. You shall be responsible to bear the shipment cost of sending the order back to us, unless if the order was damaged when you received it.

1. Refunds for Cancelled and Returned Order: Once you return your order within the Return Period, the actual amount that you paid for the returned product (minus any return shipment fee) will be issued either to your original method of payment, within a period of 3 to 7 working days, provided that we have received the unused product and the same meets our return guidelines. You can see the refund amount within another 5 working days after the refund is issued.

GOVERNING LAW AND DISPUTE RESOLUTION

This Policy in no way restricts your statutory right of any return as per laws of the jurisdiction applicable to you. In case of any claims, disputes or controversies arising out of or in relation to the services, or this Policy, the same shall be dealt with as per the Governing Law and Dispute Resolution clause as mentioned in the Terms & Conditions.

UPDATES TO THIS POLICY

We may add to or change or update this Return Policy at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking this Policy periodically. Your use of the website after any amendments to this Policy shall constitute your acceptance to such amendments.

Last updated on January 29, 2023.