• Website. The following website www.gaukk.com (hereinafter, the “Website”) is SOUTHERN TEXTILE INVESTMENTS LLC sole property, EIN 32-0544143, with legal address at 2801 CENTERVILLE ROAD, 1ST FLOOR, WILMINGTON, DE, 19808. (hereinafter, “Gaükk”). These Terms and conditions rule the general conditions for the Website use and the services offered by the Website (the “Service” and the “Terms and Conditions”, respectively) that will rule the rights and duties of the Website users and visitors (the “Users” and/or the “User”) and Gaükk.
  • Website Nature and Purpose. The Website has been programmed in order to be a virtual means to access information on the products offered by Gaükk. Moreover, Gaükk offers Users, through its Website, the possibility of acquiring products offered in it, (hereinafter, the “Purchases”). In order to carry out Purchases, Users can sign up in the Website for free or do it as a guest without logging in.
  • Capacity. In order to make Purchases in the Website, you need the legal capacity of hiring. Those without said capacity, those suspended or disabled or those younger than 18 years old will not be able to Purchase in the Website. Parents, guardians or legal representatives of minors or disabled that use the Website shall be responsible for said use, including for any charging, invoicing or damaged caused by such use.
  • Sign up. Users can freely surf the Website or Purchase without logging in. However, for a better experience and to Purchase more easily, it is advisable to sign up. For that purpose, Users shall create a User account free of charge (hereinafter, the “Account”). The User shall enter “Create Account” section, click to accept these Terms and Conditions and fill in a form with the following information: full name, address, ID number, e-mail address, date of birth and choose a user name and a password. It is compulsory to fill in such form with valid and true information, in an accurate manner. It is the User’s obligation to keep this information updated. Gaükk may check Users’ identities and/or information provided by them.
  • Users will log in their Account with their User name or e-mail address and their password. In case the User forgets these, Gaükk will offer assistance to recover them. For this, choose option “Recover User and/or Password” and follow the mentioned steps. Finally, the system will confidentially send you to the registered e-mail address your user name and a temporary password.

    Except in cases required by law, the User commits not to spread their password to others that are not authorized by the User and Users shall have necessary care to avoid their password to be taken. In case the password is taken, the User shall immediately notify Gaükk. Every action made using the User´s name and password shall be linked to such User, who shall take whole responsibility of said actions and shall keep Gaükk free of fault in case there is any damage against Gaükk.  

  • Purchases in the Website. Details such as description, colors, sizes, etc. from available products for purchase (including price) are available in the Website to be checked by all Users.
  • Once chosen the products the User would like to buy, they shall include it on the section “Shopping Cart”. In that section, the User can see all the products they chose for their Purchase and, if necessary, correct any mistake or omission of information related to their Purchase. If any of the products chosen is not available because of stock, you will be informed or you will be prevented to follow the Purchase of that product. If due to outdated information, the Purchase proceeds, it might be cancelled in case the selected product is not available.

    After checking the Shopping Cart, in order to proceed to checkout, the User shall fill in delivery and invoicing information and later choose a payment method.

  • Payment Methods. Only online payment methods shall be accepted for purchases in the Website. They shall be done through Pay-Pal (click here for more information on Pay-Pal terms and conditions) or by credit card. To pay and finish the Purchase, the User shall fill in all information related to their credit card or Pay-Pal account, Gaükk shall request corresponding authorization to the Company providing such payment services for the amount shown in the website order summary. This shall be charged to your credit card or debited from your Pay-Pal account. Once received the company authorization by the company supplying the payment method, the Purchase will be completed and Gaükk will start the shipping process of the purchased product. In case the payment is not authorized, the Purchase shall not be made and the order shall have no effect.
  • Regardless the chosen payment method, while confirmation is pending, Gaükk will send an e-mail to the address informed by the User confirming the reception of your order of products, this means that your order has been received by the system but it is pending and waiting for payment confirmation in order to complete the purchase and later processing. At that moment, the purchase is still not completed. Once received the payment confirmation, Gaükk will send an e-mail to the User confirming the reception of your order of products and the purchase completed.  

  • Shipping. Products bought in the Website will be sent to the address registered by the User for such purpose during the purchase process. Shipping cost will be informed to the User and will be included in the price to be paid by the User when confirming the order. Shipping will be made in working days. All shipping will have a receipt confirmation. Shipping time for Latin American main cities will be between 2 and 4 working days following the shipping confirmation of the order (Rest of the world 4 to 6 days). Shipping to low-inhabited areas and/or areas with limited accessibility may have special shipping times that will be informed to the User during the Purchase process.  
  • Right to Withdraw Acceptance. Pursuant to sections 1110 to 1116 of Argentine Civil and Commercial Code, consumer has the right to withdraw purchase acceptance within ten (10) days from the date of the agreement or from the product delivery, whatever happens last.
  • Pursuant to in-force rules, the User that Purchases in the Website has the right to withdraw acceptance and return products free of charge within 10 days following delivery at their address. The products that the User wishes to return shall be in perfect condition and: (i) Without use, and (ii) keeping its original and complete package, box and labels in perfect condition.

    In order to return the product, the User shall inform their intention to make a return through the special Website section “Returns”. Between 2 to 4 working days after the product return confirmation, the shipping company will pick them up at the address informed by the User for such purposes. When properly receiving the product, Gaükk will reimburse the User the purchase price, including shipping expenses, if the User reasonably incurred in such expenses and can duly demonstrate it.  

    This legal right shall not apply for products especially made for the User or for clearly customized products, or other products that due to their nature cannot be returned or can be easily damaged (including, underwear, socks and shoes and any piece of clothing or product that is printed, embroidered or otherwise customized upon User’s request);

  • Product Exchanges. The User can exchange products following these conditions and requirements: (a) the product to be exchanged shall be new without use and without essential or severe damage due to the User’s fault; (b) the product shall be in its original packaging (box, wrapping paper, etc.) as it was delivered, and also it shall have all original labels, as originally stuck to the product; and (c) it shall be within 30 running days since delivery date. In case products are not returned pursuant to conditions herein, Gaükk shall be entitled not to reimburse the product price nor the expenses incurred due to the return. In case exchanging the product for another with a higher price, the User shall pay the difference with any payment method accepted by Gaükk.
  • Warranty against Manufacturer's Defects. In case of receiving products damaged or defective and they are within the 6 month warranty period from its delivery, the User can make a claim requiring the product to be repaired or replaced as long as the product was bought in the Website and has the purchase original invoice. Warranty does not cover defects due to improper use or abuse of the product. In that case, the User is the only responsible.  
  • To do a claim, the User shall click “Returns” and provide a detailed description of the problems that the product has and completing the data required therein. After the claim was done, the shipping company will pick up the products at the address informed by the User, within 2 to 4 working days confirming the claim. Gaükk will have 20 days to verify if the claim is appropriate and if it is, they will send the new product to the User. In case the claim is rejected, the User may request to have their product originally bought send back.

  • Intellectual Property. Gaükk is the owner and licensee of all rights, titles and interests of the Website and its content, including all associated intellectual property rights, registered or not, in any place of the world where such rights may exist. The User shall consider that all material in this Website is subject to intellectual property rights, except expressed otherwise, and shall not be used in a different way to the one detailed herein, without Gaükk´s previous, explicit and written consent. Therefore, the Website User accepts not to delete, hide or alter any intellectual property right notice (including copyrights and trademarks) that may be attached or included to the Website or to its content.  
  • Brands.  Product brands, logos and service brands (together, the "Brands") that are shown in the Website are brands registered and unregistered by Gaükk and others. Nothing included in this Website shall be interpreted as granting, implicitly or otherwise, any license or right upon the Brands included in this Website without the explicit written consent by Gaükk or by the third parties involved. The inappropriate use of Brands included in this Website and its content is strictly forbidden. The Website can also include commercial brands or service brands of third parties. All these commercial Brands are property of their corresponding owners and the User agrees not to use or show those Brands in any way without the previous written consent of the corresponding commercial brand owner.  
  • Third Party Websites. Gaükk waives its liability regarding third parties websites that, for any reason, may be linked to the Website. If the User access any of those sites, it will be the User’s sole responsibility and pursuant to the terms and conditions established in said websites. The User accepts and acknowledges that Gaükk does not offer any guarantee regarding the reliability, content and/or security of those third party’s websites, whether access is made from the Website through links, banners or through any other tool that enables its access. The possibility to access those third parties’ websites from the Website does not mean that such websites are Gaükk´s property or that Gaükk has any type of control and/or responsibility related to them. For such reason, any prejudice that the User may suffer is completely external to Gaükk´s responsibility and, if pretending any compensation, it should be addressed to the responsible party of such website that may have cause the damage.   
  • Modification of Terms and Conditions. Gaükk is entitled to revise, add, update and/or change these Terms and Conditions periodically through an update of this notice. All modifications and/or updates to these Terms and Conditions shall be in force when we publish this notice. We shall notify Users in advance about those changes.
  • Personal Information.  Accepting these Terms and Conditions, the User expresses its previous, explicit and informed consent so that Gaükk, with address at 2801 Centerville Road, 1st Floor, Wilmington, DE, 19808, USA, can use the personal information which includes full name, ID number, sex, address and date of birth (the “Personal Information”) to contact the User for advertising or similar, as long as it is allowed by laws and rules in-force. It is noticed that previous, explicit and informed consent is only considered as agreed if the User clicked the box corresponding to verify personal information.
  • Gaükk will store the Personal Information in a database located at 2801 Centerville Road, 1st Floor, Wilmington, DE, 19808, USA, where the User can use their rights to access, correct, update, delete and/or block their Personal Information. You shall use your rights to access, correct, update, delete and/or block your Personal Information free of charge, sending an e-mail to [email protected]. Requested information will be provided within ten running days after Gaükk was duly notified.

    Upon a request, you should provide Gaükk a way to identify you and to contact you, if necessary. Gaükk will answer proper requests within 10 working days after receiving the request, if it is an access request and 5 working days if it is a request to change, update or delete information.  

    The User expresses that the Personal Information supplied are accurate and complete and understands that providing inaccurate or incomplete information or failure to provide them may prevent the Website use, their apps or any hiring through the Online Purchase (even without previous notice) or that Gaükk may counterattack the user in the future.

    Gaükk, pursuant to applicable rules, informs the User that “The bearer of personal information is entitled to access them, free of charge, with a frequency of no less than six months, except that legitimate interest is credited pursuant to section 14, subsection 3 of Law No. 25,326. The National Organization for Personal Information Protection, controlling body for Law No. 25,326, is responsible for dealing with submissions and claims that may be filed related to the failure to fulfil rules for personal information protection. ”

    Cookies: It is possible that our external service suppliers and we use cookies in the Website. Cookies allow that a web server transfer data to a computer in order to keep files and to other purposes. We use cookies and other technologies, among other things, to assist you better with more customized information and to ease Website access and use. We also allow suppliers to use cookies in our Website. There is a simple process in most browsers that let you reject cookies use if you do not want information gathering through cookies. For further information on cookies, please visit the following website that is not related with Gaükk http://www.allaboutcookies.org/.

    Local Storage Objects: Our external service suppliers and we can use local storage objects (”OAL flash”, per its acronym in Spanish) in certain situations, for example, to recognize you and remember the products in your shopping cart. OAL flash are different from browser cookies in the amount and type of information stored. Moreover, in general, you cannot control, delete or disable OAL flash acceptance of your browser. To have more information on OAL flash and to learn how to control them, click the support page of Flash Player and choose Global Storage Settings Panel and follow the instructions. To see OAL flash of your computer, visit Website Storage Settings Panel and follow the instructions to examine and, if you wish, to delete some specific OAL flash.

    Pixel Labels and Other Technologies: Invisible GIF are tiny graphics with a unique identifier, of a similar function to cookies. However, unlike cookies that are stored in your computer hardware, invisible GIFs are invisibly embedded in websites. We can use invisible GIF (also known as web bug or web tag) related to the Website, among other things, to do a follow-up of our visitors’ activities and to develop statistics about the Website use and response rate. Our external service suppliers and we can also use invisible GIF in electronic messages with a HTML format to help ourselves to track e-mail response rates, measure success of our marketing campaigns and identify when our e-mails are viewed or forwarded.

    Website Analytic Data: Gaükk can work with external service suppliers that use technologies described in this section to make analysis of websites that help us do a follow-up of our visitors and understand how they use our Website. For example, we use Omniture, an external service supplier for analyzing websites to help us improve our Website performance and the User’s experience. To have more information and to see Omniture privacy policy for your Omniture Technology product and its exclusion option tool, please visit their privacy center.

    Tools, Apps and Similar Technologies. If you decide to use the technology we provide (as an app), any personal information or other type of data that you offer through this technology can become public, for example, through social media or other websites and platforms where you may use the applicable technology. Moreover, some technologies might be “virally” spread to other locations (for example, one of your friends or customers may publish the app that contains information from your blog). Gaükk is not responsible for gathering, using or spreading personal information or other type of data that is publicly spread.

    Some functions of our Website will give you the possibility to interact with us and with others. This can include blogs, message boards, messaging, chat and community profile creation. When you use these functions, you should take into account that all the information that you send, including your name, location and e-mail address, can be public to others. We are not responsible for any information that you decide to send through these interactive tools. If you use these functions, it is possible that your personal information is kept in the Website even after you stop using the Website.

  • External Advertising. We can use external advertising companies to publish ads when you visit our Website. These companies can use information about your visit to the Website in order to design ads about products and services that can be of your interest.  While designing advertisement in the Website, these companies can install or recognize a unique cookie in your browser. To have more information on this practice and to know your options in order that these companies do not use this information, please visit http://networkadvertising.org/optout_nonppii.asp.
  • International Transfer. Your personal information can be stored and processed in any country where we have business, and interacting with us and providing us personal information, you give consent to transfer information to countries other than your country of residence, including the United States, where there might be information protection rules different from the ones of your country.  The international treatment of your personal information is done pursuant to Argentine Law No. 25,326 and its complementary rules.
  • Responsibility for Website Inappropriate Use. The User and any third party are expressly forbidden to use the Website for purposes different to the ones mentioned in these Terms and Conditions and the laws and rules in-force (“Inappropriate Use”). The User will be the only responsible for using the Website and they are liable to compensate Gaükk against any damage, expenses and losses, including lawyers’ fees or fees from other professionals whose intervention might be necessary and/or convenient, incurred against Gaükk or any other third party because of the Website Inappropriate Use.
  • Opt-Out.  If you do not want to keep receiving Gaükk’s marketing sales and promos, you can send us a request to the address that appears in the Contact Information section below. We will try to fulfil all requests as soon as possible.
  • Applicable Law and Jurisdiction. In case of conflict, United States laws shall apply and we agree upon the jurisdiction and competence of common courts corresponding to the user address.
  • Contact Information. In case of any doubt or claim, feel free to communicate with Gaükk sending an e-mail to www.gaukk.com or in the section “Contact” of the Website. Southern Textile Investments LLC., 2801 Centerville Road, 1st Floor, Wilmington, DE, 19808, USA.

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