​

Effective date from April 14, 2021

Welcome to GIZELLA Terms and Conditions

 

Overview

This website is owned and operated by Gizella and Gizella Calingo. Throughout the site, the terms “we”, “us”, and “our” refer to Gizella. Gizella offers 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 purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and 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. 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 and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

 

Any new features or tools that 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. 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.

 

Our online store is hosted on Wix. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

 

Website owner, the offering, and binding of Terms

These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors a diverse range of handmade and handcrafted products suitable for various industries, including film, TV, music videos, festivals, events, brand activation, event activation, event stalls, theatre plays, photo shoots, homes, restaurants, markets, retail stores, installation displays, installation design/art, interactive art, art collection pieces, and more. GIZELLA is committed to rethinking waste and promoting sustainable product use of set design, décor, props, costumes, and makeup. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

Key Commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item, and you complete the check-out payment process.

​

The prices we charge for using our services and for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.

 

​

Section 1 - Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at the age of 18 years old, 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 site.

 

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services and membership.

 

Promotional emails and content

You agree to receive promotional messages and materials from us from time to time by email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please just notify us at any time. 

 

​

Section 2 - General Conditions

We reserve the right to refuse service, orders, deliveries, and membership to anyone for any reason at any time.

 

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.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

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

 

​

Section 3 - Accuracy, Completeness And Timeliness Of Information

We are not responsible if the information 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. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, and we have an obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

​

Section 4 - Modifications To The Service And Prices

Prices for our products 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.

 

​

Section 5 - Products Or Services (If Applicable)

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.

 

Return and refund policy

We do not offer refunds, replacements, or exchanges for change of mind. However, if the item is damaged or faulty, we will initiate a refund after conducting a return and refund investigation. To request a return and refund, please notify us within 7 days of receiving the product and return the item to us within 10 days of the approval of your return and refund request via email from Gizella. Please ensure that you inspect the items upon return, as we reserve the right to adjust the refund amount based on the return and refund inspection, including missing products, accessories, and storage containers. We will process the refund only after receiving the items.

​

If you have received a damaged or faulty product, you can request a return and refund by sending us an email. Please make sure to attach photos or videos that clearly show the damaged or faulty item and provide proof of purchase, such as the original receipt and invoice. Once we approve your request, we will supply you with a prepaid return label and instructions. Please return the item with all the contents we delivered to you, including the products, accessories, and storage container. You can reuse the packaging that our item was delivered in, just make sure to cover the existing address label with the new return label.

 

We can only accept items that have been requested for return and refund by Gizella. If we receive an item without a confirmed return and refund request, you will be responsible for the shipping fees to have it returned to your address. We cannot accept items that have not been requested for return and refund in advance.

​

In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return:​​

• All Breakable Props - For its main purpose is to break and used as a breakable prop

• All Smashable Props - For its main purpose is to smash and used as a smashable prop

• All Rubber Props - For its main purpose is to be used as a rubber prop

• All SFX & Prosthetics - For hygiene standards/requirements

• All Mixed Makeup - For hygiene standards/requirements

• All Vintage & Thrift - For hygiene standards/requirements

​

We kindly advise our valued customers to exercise care and prudence while placing orders or, alternatively, seek our expert guidance before making a purchase. It is important to note that Gizella does not entertain requests for returns and refunds based on the unsuitability of the products purchased. We encourage our customers to thoroughly review our returns policy and seek clarification, if needed, before placing an order to ensure a smooth and satisfactory shopping experience.

 

We have made every effort to display the colours and images of our products as accurately as possible in the online store. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.

 

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 may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

​

All product descriptions and 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 site is void where prohibited.

 

We do not warrant that the quality of any 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.

​​

​

Section 6 - Accuracy Of Billing And Account Information

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 e-mail 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.

​

It is important to note that we reserve the right to cancel orders that are intended for delivery to P.O. boxes, hotels, motels, hostels, unknown buildings, and addresses that cannot be verified online, as these addresses may be fake. To avoid any inconvenience, we strongly recommend that you place your order with us at least 2 to 4 weeks prior to your project, production, or deadline. This will allow us ample time to verify the accuracy of the address and ensure that your order is delivered on time. In the event that we cancel your order, we will issue a refund for your payment, and you will need to re-order the products from the Gizella website, using a home, apartment, or business address that is not a P.O. boxes, hotels, motels, hostels, unknown buildings or unknown address.

 

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 email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more details, please review our Returns Policy.

 

Right to suspend or cancel a user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed paid services, such services will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

Who can use your website, and what are the requirements to create an account?

In order to use our website and/or receive our services, you must be at least 18 years of age or of the legal age of majority in your jurisdiction and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.

 

You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

​​

Section 7 - 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 site 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 and Conditions.

 

​

Section 8 - 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.

 

​

Section 9 - User Comments, Feedback And Other Submissions

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 is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

​

You agree that your comments and feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous 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 e‑mail 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.

 

​

Section 10 - Personal Information

Our Privacy Policy governs your submission of personal information through the store.

 

For more details, please review our Privacy Policy.

 

​

Section 11 - Errors, Inaccuracies And Omissions

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).

​

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

​

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site 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.

 

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Gizella Calingo, the business and website owner, and founder of Gizella. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

Users may be able to upload content (images, audio, text, designs, emojis, GIFs, memes, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, and literary works), including reviews and comments, for disclosure on the Gizella site. It is important that such content certifies that the user has all the legal rights and/or necessary licenses over the content and that such content might be publicly available.

 

You recognize and agree that by uploading any content (including, but not limited to, designs, images, audio, text, designs, emojis, GIFs, memes, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.

 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Australia.

 

​

Section 13 - Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

​

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

​

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.

​

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.

​

In no case shall Gizella, 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 service 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.

​

Limitation of liability

To the maximum extent permitted by applicable law, Gizella shall not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Gizella assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

​

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Gizella and our parent, 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Indemnification

You agree to indemnify and hold Gizella harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

​

Section 15 - Severability

In the event that any provision of these Terms and Conditions 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 and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

​

Section 16 - 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 and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

​

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, 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 you access to our Services (or any part thereof).

 

​

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

​

These Terms and Conditions and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede 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 and Conditions).

​

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

 

​

Section 18 - Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

 

​

Section 19 - Changes To 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, 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason or for no reason.

 

​

Section 20 - Contact Information

Questions about the Terms and Conditions should be sent to us at:

 

Gizella

hello@gizella.com.au

NSW, Australia

 

​

Last update: 15 September 2024

​

​

​

​