Terms of service

Thanks for reading these. They are the rules we sell under, grouped into four parts so you can find what you need: using the site, buying from us, what happens if something goes wrong, and the legal terms behind it all.

Using gilbert-maxwell.com or placing an order means you accept them. Throughout, "Gilbert Maxwell", "we", and "our" mean the operator of this website. "You" means the person using it.

Part one, using this site

Who this is for

You need to be 18 or older, or the age of majority in your state, to place an order. By using the site you confirm that you meet that, that the details you give us are accurate, and that any payment method you use is yours to use.

What you must not do

Break the law, or infringe anyone else's rights
Interfere with the site, probe its security, or attempt access you are not entitled to
Run bots or scrapers against our content, pricing, or stock data
Upload or transmit malware
Resell our products or trade on our name without written permission

We may refuse service, suspend an account, or cancel an order where any of these apply.

Our content, and yours

The name, the wordmark, the photography, the text, and the design of this site belong to Gilbert Maxwell or are used under license. You may read it, share a link, and buy from us. You may not copy, republish, or use any of it commercially without written permission.

Anything you send us, such as a photo or a review, stays yours. You give us a non-exclusive, royalty-free, worldwide license to use and display it in connection with the business. Please only send content that is yours to give.

Part two, buying from us

How an order works

Placing an order is an offer to buy, not a completed sale. A confirmation email means we have received it. The contract is formed when the order ships. Until then we may decline or cancel it, including where an item is unavailable, a price or description was wrong, we suspect fraud, or a payment fails. If we cancel after you have paid, you are refunded in full.

We may also cap quantities per person, per household, or per order. Ownership and risk pass to you on delivery to the address you gave us.

Prices, tax, and shipping

All prices are in US dollars.
Tax is calculated at checkout where it applies, based on your delivery address.
Shipping is $6.99 flat per order, and free on orders with a subtotal of $100 or more, calculated after any discounts and before tax.
Prices change from time to time. The price shown when you order is the one that applies to it.

Paying

Payment is taken at checkout through third-party providers. You authorize us to charge your chosen method for the full total, tax and shipping included. We do not see or store full card details.

What can vary between the photo and the item

Color reads differently from one screen to another.
Measurements and fit guidance are a guide. Small variation between items is normal.
We may change, limit, or discontinue any product at any time, without notice.
Where a genuine error appears in a price, description, or stock status, we may correct it and may cancel an affected order even after it is placed. We will contact you and refund you in full.

Shipping, returns, and refunds

Delivery times, shipping charges, the 60-day return window, and refund timings are set out in our Shipping Policy and our Returns and Refunds Policy. Both form part of these terms.

Part three, when things go wrong

Come to us first

Most problems are solved in one email. Before anything formal, contact customercare@gilbert-maxwell.com and give us 30 days to put it right.

Arbitration and class actions

Please read this section carefully, because it changes how a dispute would be resolved.

If we cannot settle a dispute between us, it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court.
Arbitration takes place in the State of New York, or by telephone or video, or in the county where you live, whichever you prefer.
An arbitrator's decision is final and enforceable in court.
You and Gilbert Maxwell each give up the right to a jury trial and the right to take part in a class action, class arbitration, or any representative proceeding. Claims are brought individually only.
If a court finds the class action waiver unenforceable, the arbitration section does not apply to that claim, and the rest of these terms still stand.

Small claims

Either of us may bring a qualifying individual claim in small claims court instead of arbitration. That route stays open.

Governing law

These terms are governed by the laws of the State of New York, without regard to its conflict of law rules. Where a matter does reach a court, the courts of New York have jurisdiction.

Part four, the legal terms

Disclaimers

The site and its content are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted or error free.

Limitation of liability

To the fullest extent the law allows:

We are not liable for indirect, incidental, special, consequential, or punitive damages.
We are not liable for lost profits, lost data, or loss of goodwill.
Where we are found liable, our total liability will not exceed the amount you paid for the order the claim relates to.

Nothing here limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud.

Your responsibility to us

You agree to cover us against any claim, loss, or cost, including reasonable legal fees, arising from your breach of these terms, your misuse of the site, or your breach of the law or of anyone else's rights.

Sites and services we do not control

The site links to and relies on third parties. We are not responsible for their content, their availability, or how they handle your information. Using them is at your own risk and under their terms.

Events outside anyone's control

We are not liable for delay or failure caused by events beyond our reasonable control, including severe weather, carrier failure, industrial action, outages, or acts of government.

Suspension

We may suspend or withdraw the site, in whole or in part, at any time, with or without notice, and we are not liable for loss caused by doing so.

General

If any provision here is unenforceable, it is severed and the rest continues to apply.
Not enforcing a term on one occasion does not waive it.
You may not transfer your rights under these terms. We may transfer ours.
These terms, together with the policies they refer to, are the entire agreement between us.
Headings are for navigation only and do not affect meaning.

Changes to these terms

We revise these terms from time to time. The date at the top shows the current version, and the version in force when you place an order is the one that governs that order.

Our details

Gilbert Maxwell
Website: gilbert-maxwell.com
Email: customercare@gilbert-maxwell.com
Support: Monday to Friday, 8:00am to 5:00pm EST. We reply within 1 business day.