TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

These general terms and conditions for sales and delivery (the “T&C”) apply to the purchase of goods at www.gubi.com/en/us (the “Website”) owned and administered by GUBI A/S, CVR no. 17940384, Orientkaj 18-20, 2150 Nordhavn, Denmark (“GUBI”, “we” or “us”).

 

These terms and conditions may be amended from time to time at GUBI’s discretion. When ordering goods at the Website you agree to comply with and be bound by the T&C. In case of questions regarding the T&C, the Website, goods or other aspects of our service, please reach out by sending an email to webshop@gubi.com.

CONCLUSION OF AGREEMENT

When placing your order on our Website, our system will automatically forward an order confirmation to your email. Once you have received the order confirmation, a binding agreement has been made. When we dispatch the goods from our warehouse, you will receive an email from us, with further information on the expected time and date of delivery. You are responsible for submitting valid customer information when placing your order.

PAYMENT

All prices on the Website are exclusive of any applicable sales tax. Sales tax, where applicable, will be calculated and added at checkout based on your delivery address and the applicable state and local tax rates. Prices displayed do not include sales tax. We reserve the right to change the prices on the Website with immediate effect. The price (currency) that applies to your purchase will be the currency shown on the Website at the time your order is accepted. Prices will be shown in USD.

 

At the Website we accept the following means of payment: Visa, Mastercard, American Express, Discover, Diners Club, JCB, China UnionPay, Amazon Pay, Apple Pay, Google Pay, Link, Cash App Pay, WeChat Pay, Bancontact, EPS, iDEAL, Affirm, Afterpay, Klarna & Promotional codes.

 

No credit card fees are charged by us. The purchase amount is reserved on your chosen payment method upon placement of your order. The amount will be withdrawn from your account upon dispatch of the goods. In case of partial delivery, only the amount corresponding to the delivery itself is withdrawn. Your invoice will be sent by e-mail when the order has been shipped. In case of orders on made-to-order goods, non-stocked goods or goods in back order, we withdraw the amount upon placement of your order.

DELIVERY

GUBI offers delivery of goods to the contiguous United States (the 48 contiguous states and the District of Columbia).

 

The Website does not offer delivery of goods to Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, or other U.S. territories and non-contiguous areas. For deliveries to these locations, please contact us at webshop@gubi.com.

 

Goods are shipped with UPS or Curbside (Rohlig) depending on the ordered goods.

 

Goods on stock will be shipped as soon as possible, and the estimated shipment date will appear on the order confirmation. Delivery within a requested time is not possible and we are not liable for any loss because of delayed delivery. Orders will be delivered to the curb on the most appropriate location as close to your intended destination as possible; however, you will be responsible for carrying the goods inside.

CANCELLATION OF AN ORDER

You have the right to cancel your order, provided that you exercise this right no later than 14 days from the day on which you, or a third party other than the carrier and indicated by you, received physical possession of the goods. If you have ordered several items in one (1) order, and the items are not delivered simultaneously, your cancellation right is effective from receipt of the last item. If the cancellation period expires on a weekend or public holiday, the deadline is extended to the following business day..

 

Exceptions to the right of cancellation 

If you have ordered made-to-order goods, you are not entitled to cancel the order. 

 

How to cancel an order

If you wish to cancel your order, please notify us by sending an email to GUBI’s customer service team at webshop@gubi.com. We will then issue a return number, which should be clearly marked on the return parcel. Please make clear that you wish to exercise your right of cancellation and specify whether you wish to return your order in whole or in part.
 
Return of the goods

Upon your due cancellation of an order (in whole or in part), GUBI will arrange for the return of the goods; however, you are to cooperate in respect of the pick-up of the goods. The goods must be returned without undue delay and no later than 14 days after you have notified us of your wish to return the goods. GUBI reserves the right to deduct the delivery and return costs upon reimbursement of the purchase price.
 
Refund

If you cancel your order (in whole or in part), we will reimburse the purchase price without undue delay and, in any case, no later than 14 days from the date we were notified of your decision to cancel, provided that we have (i) received the goods, or (ii) received documentation evidencing that the goods have been returned. Any refund is made by the same means of payment used when placing the order.
 

Packaging and condition of the good upon return

Goods must be returned in their original packaging. You are entitled to open and inspect the goods, but if the packaging is missing or damaged, this may be considered an impairment, and GUBI may deduct an amount corresponding to the impairment upon reimbursement. You are required to return the goods in the same condition as received. GUBI is not responsible for goods lost or damaged in transit during return.

CLAIM

Within 2 years from receipt of the goods, you may make a claim if the goods supplied are defective. If the goods are defective, you are entitled to have them repaired or exchanged. If repair or exchange cannot be completed within a reasonable time, you are entitled to a refund or, under special circumstances, a proportionate reduction of the price. GUBI is not liable for defects resulting from your incorrect use of the goods.
 
How to make a claim 

If you wish to make a claim, please send an email to webshop@gubi.com and, if possible, include photographs of the defective goods. We recommend that you contact us as soon as possible after discovering the defect, and preferably within 7 days. If your claim is approved, GUBI will arrange the return of goods free of charge. For questions related to ongoing claim cases, please contact our Claims Department at rma@gubi.com.

DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, gubi provides the goods “as is” and disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, gubi’s total liability to you for any claim arising out of or relating to these t&c or your purchase shall not exceed the total amount paid by you for the goods giving rise to the claim. In no event shall gubi be liable for any indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages. Some states do not allow limitations on certain damages, so the above may not apply to you.

COMPLAINTS

If we are unable to resolve your complaint directly, you may contact the consumer protection office in your state or the Federal Trade Commission (FTC) at ftc.gov. You may also seek resolution through the Better Business Bureau (BBB) at bbb.org.

DISPUTE RESOLUTION AND ARBITRATION

Any dispute, controversy, or claim arising out of or relating to these T&C or your purchase of goods from GUBI shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in New York, New York, or via video conference at either party’s request. Each party shall bear its own costs unless the arbitrator determines otherwise. You and GUBI agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class or representative action. You have the right to opt out of this arbitration agreement within 30 days of your first purchase by emailing webshop@gubi.com with the subject line “Arbitration Opt-Out.”

INCORRECT PRICING, ETC.

Our Website may contain incorrect prices, typographical or other errors and inaccuracies in connection with the goods sold. Even though we have made a great effort to represent colors and quality as accurately as possible, your computer’s color settings and screen resolution may differ from ours. Accordingly, GUBI makes no representations and assumes no responsibility as to the completeness, accuracy, or timeliness of any content describing our goods. If you are in doubt about color or quality, please visit one of our partners (see the Store Locator at the Website) or contact us at webshop@gubi.com.

PRODUCT COMPLIANCE

GUBI products sold on this Website are intended for consumer use in the United States. Products comply with applicable U.S. federal safety standards. State-specific requirements (including California Proposition 65) may apply to certain products; where required by law, appropriate warnings are or will be provided at the time of purchase.

GOVERNING LAW

These T&C shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. To the extent that mandatory consumer protection laws of your state of residence provide you with greater protections, such laws shall apply to the extent required.

SEVERABILITY

If any provision of these T&C is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

ENTIRE AGREEMENT

These T&C, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and GUBI with respect to your purchase of goods on the Website and supersede all prior communications and proposals.