GAIA Website Terms of Use
Welcome to GAIA – This document outlines the terms under which GAIA provides its services and content via this website. By engaging with our website, you accept these terms, which include our Privacy Policy and any other related conditions or policies you might encounter on our site related to specific features, customer support, or promotional activities. These collective provisions are herein referred to as "Terms of Use".
1. Use of Our Products and Services
The offerings on this website, including any product samples we might send your way, are designated solely for your personal consumption and enjoyment. It is strictly prohibited to sell or attempt to resell any products, services, or samples acquired from us. GAIA holds the discretionary authority to either cancel or limit the quantities of any orders or services to be dispatched to you, especially if such transactions are deemed potentially violative of these Terms of Use, with or without prior notification.
2. GAIA Shipping, Return, and Exchange Guidelines
Initiating Returns or Exchanges
GAIA is committed to your satisfaction, offering a 10-day money-back guarantee on products purchased directly from our website. The 10-day period commences from the date you receive the item, not the shipping date. Should you find yourself dissatisfied for any reason, reach out to our customer support team at GaiaTechnologic@gmail.com. Our team will guide you through the process, providing a unique case number or an RMA (Return Merchandise Authorization) number for the return. We request that products be returned unopened for a swift refund or exchange, with shipping costs being your responsibility. Once received, refunds, minus shipping fees, will be processed to your credit card. Processing returns may take up to 10 business days upon receipt at our warehouse. Note: Refunds are issued exclusively for items bought via the GAIA website.
Purchases from Physical Stores
Our physical retail locations operate independently and are distinct from our online platform. Policies at these locations generally regard sales as final. For specifics on store policies, please refer to your original sales receipt for contact information.
For assistance with purchases made in-store, reach out through our contact page at gaia.com/contact-us. We endeavor to provide the necessary support.
Product Warranty
Ensure to register your GAIA product within 10 days of purchase to activate your warranty at gaia.com/register-product.
Warranty coverage includes:
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A lifetime limited warranty for select advanced products.
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A 2-year limited warranty for our classic range.
This warranty is invalid for items bought from unauthorized sellers. Should you encounter any issues, please contact our customer support at GaiaTechnologic@gmail.com.
3. Handling Returns and Exchanges
In the event of a product malfunction, after obtaining your RMA number from our customer service, please return the faulty item with your warranty application and proof of purchase. A shipping and handling fee of $119 will apply.
For replacement chargers, please visit the respective links on our website. Chargers are available for both facial and body devices across our product range.
Customer Support Hours
Our office hours are from Sunday to Thursday, 09:00 AM to 5:00 PM. We observe weekends and federal holidays as days off.
Orders are processed within 24 hours.
4. Product Information Accuracy
At GAIA, we make every effort to ensure that the details and descriptions of our products listed on our website are as accurate and complete as possible. Despite our best efforts, we recognize that inaccuracies may arise. Consequently, we cannot fully warrant the precision, completeness, reliability, or timeliness of the product descriptions, visual representations, or any other content available on our site, within the bounds of what is allowed by law.
5. Protection of Creative Assets
The assortment of materials and creative elements featured on our website, including but not limited to, the aesthetic layout, written content, logos, graphic designs, icons, imagery, sound bites, digital compilations, software, as well as their arrangement and assembly (hereinafter referred to as "Creative Content"), remains the exclusive property of GAIA, our associates, or our content providers. This Creative Content is rigorously protected under both U.S. and international copyright and trademark legislations.
Except as explicitly permitted in the following section or as necessitated by law, any use, reproduction, duplication, sale, resale, access, modification, or exploitation of the Creative Content or any part of the website, in whole or in part, without the direct and written authorization from GAIA, is strictly prohibited.
6. Conditional Access and Usage Rights
GAIA awards you a finite, revocable, and non-transferable privilege to access and personally utilize this Website. This conditional privilege explicitly excludes the rights to: (a) employ framing techniques to enclose any part of the Website; (b) republish, redistribute, transmit, sell, license, or download the Website or any content (excluding Website caching or as required to view the Website); (c) utilize the Website or its content for any purpose beyond personal use; (d) alter, decompile, or create derivative works based on the Website or its content; (e) harvest or collect any information about or regarding other users, including email addresses, without their consent; (f) employ any hidden texts or metadata utilizing the Website's content; or (g) use any automated devices or methods (such as bots, spiders, or scrapers) to collect data from the Website, or undertake any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our digital infrastructure.
Additionally, GAIA grants you a limited, revocable, and non-commercial right to create a hyperlink to the Website's homepage, provided such link does not portray GAIA or its products or services in a false, misleading, derogatory, or otherwise offensive manner. The linked site should not: (i) replicate our content; (ii) imply endorsement without our explicit permission; (iii) misrepresent its relationship with us; (iv) contain content that might be considered in poor taste or offensive; (v) misrepresent our products or services or associate them with negative opinions; and (vi) link beyond the Website's homepage without our permission. We reserve the right to demand the removal of any such link to the Website, and you are obliged to immediately comply with such a request unless otherwise permitted by us in writing.
Any breach of these conditions results in the automatic termination of the granted licenses, without prejudice to any other remedies available under applicable law or these Terms and Conditions.
7. User Duties and Accountabilities
In your interaction with the Website, you agree to adhere to these Terms and Conditions and any specific instructions or warnings posted on the Website. You are expected to conduct yourself lawfully, ethically, and in good faith. You may not alter the Website or its content, nor may you disrupt the Website's functionality in any manner. Should you negligently or intentionally fail to fulfill any of your obligations under these Terms and Conditions, you will be liable for all resulting damages to GAIA, our affiliates, partners, or licensors.
We encourage you to familiarize yourself with our Privacy Policy to understand our practices regarding the collection and use of your personal information.
8. External Links and Third-Party Websites
GAIA does not assume responsibility for the content found on external websites or pages linked to or from our Website. Such links are provided merely for your convenience and do not signify our endorsement of the content, products, services, or suppliers found through these links. Engaging with any external pages or websites is done at your own risk. We do not undertake the task of examining or evaluating the content or accuracy of these external sites and disclaim any liability for the actions, content, products, or services of such websites, including their privacy statements and terms. It is advised that you thoroughly examine the privacy policies and terms of any external sites you visit.
9. Special Features and Events
Our Website may occasionally host or offer access to special features, functionalities, events (like contests, sweepstakes, or promotions), which might have unique terms, rules, and policies that apply in addition to, or instead of, these Terms and Conditions. Whenever such special offerings are made available, we will provide relevant information regarding their governance. By participating in any such special features or events, you agree to comply with the applicable additional or separate terms, rules, and policies.
10. Contributions and Feedback
GAIA's stance is to not solicit or accept unsolicited suggestions or ideas. However, if you decide to provide us with any feedback, comments, ideas, or other information (hereinafter referred to as “Contributions”), such Contributions will be considered non-confidential and non-proprietary. In line with our Privacy Policy, by sharing any Contribution, you are effectively bestowing upon us the complete rights to the Contribution as though we had originally conceived, developed, and disseminated it ourselves. We have the freedom to copy, utilize, modify, adapt, translate, publish, distribute, sell, or otherwise allocate the Contribution in any manner we deem fit, including, but not limited to, the incorporation, in whole or in part, into other works, displaying in any medium or technology currently known or developed in the future, or utilizing the Contribution in connection with our offerings or services. You acknowledge that Contributions may not be acknowledged or returned, and we may utilize any Contribution and the ideas, expertise, or techniques contained within, without any compensation or other form of reimbursement, for any purpose including, without limitation, the development, production, distribution, and marketing of products and services.
Should you offer a Contribution, you affirm and warrant that you hold or have obtained the necessary rights to your Contribution. You further assure that your Contribution is free from software viruses, does not consist of commercial solicitation, chain letters, mass mailings, or any form of "spam." You are prohibited from using a false email address, impersonating any person or entity, or misleading us regarding the origin of any Contribution. You agree to indemnify GAIA against any claims or damages arising from or related to the rights in any Contribution or any harm resulting from any Contribution.
11. Managing User Contributions
As a user of the GAIA website, any content you provide—be it data, text, software, music, sounds, photographs, graphics, videos, messages, or other material (“User Content”)—is your sole responsibility. Your User Content is considered a Submission as outlined in Section 11. This implies that third parties, not GAIA, bear full responsibility for any User Content they post on the website. You are committed to not transmitting, sharing, or otherwise disseminating on the website any User Content that is:
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Illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or discriminatory in any way;
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Beyond your rights to share under any laws or due to contractual or fiduciary relationships;
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Known by you to be false, misleading, or inaccurate;
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The result of or in exchange for compensation or consideration from third parties;
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Violative of any intellectual property rights, including patents, trademarks, trade secrets, copyrights, or proprietary rights of any party.
Additionally, you agree not to distribute any content that includes software viruses or any form of unsolicited or unauthorized advertising, solicitation, or promotional materials. You further agree to refrain from:
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Impersonating any individual or entity, or falsely stating or misrepresenting your affiliation with any individual or entity;
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Harassing, stalking, harming, or advocating the harassment of another person;
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Manipulating identifiers to disguise the origin of any User Content;
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Violating any applicable laws, whether local, state, national, or international;
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Collecting or storing personal information about other users without their consent.
GAIA does not endorse, nor does it have control over, User Content submitted to the site. As such, we cannot guarantee the integrity, accuracy, or quality of User Content. By using the website, you may encounter User Content that could be deemed offensive, indecent, or objectionable. Under no circumstances will GAIA be liable for any User Content, including any errors or omissions or any loss or damage incurred as a result of the use of any User Content posted, emailed, transmitted, or otherwise made available via the website.
You acknowledge that GAIA reserves the right, though not the obligation, to refuse, remove, or edit any User Content at our sole discretion, without prior notice, for any reason, including content that violates these Terms and Conditions or is otherwise objectionable. GAIA also reserves the right to terminate accounts or refuse service to users who violate these Terms and Conditions or infringe upon the rights of others.
12. Respecting Copyrights
GAIA values and respects the intellectual property rights of others. If you suspect that your work has been reproduced on our website in a manner that constitutes copyright infringement, please refer to our Digital Millennium Copyright Act (DMCA) Notice Policy located at the bottom of our website. This policy provides detailed instructions on how to submit a notification of alleged infringement.
13. Disclaimers and Limitation of Liability
The GAIA website is provided on an "as is" basis without any representations or warranties, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. These disclaimers apply to the fullest extent permissible under law.
You acknowledge and agree that your use of the website is at your sole risk. To the fullest extent permitted by law, GAIA, its affiliates, nor any of their respective employees, directors, officers, or agents will be liable for any direct, indirect, special, punitive, incidental, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the website, including without limitation any damages caused by or resulting from reliance on any information obtained from GAIA, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failures, theft, destruction, or unauthorized access to GAIA’s records, programs, or services.
Furthermore, GAIA shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control. In no event will GAIA’s aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the website exceed any compensation you pay, if any, to GAIA for access to or use of the website.
Any claims or actions must be brought within one (1) year from the date the cause of action arose; claims brought after this period will be barred.
14. Indemnification Agreement
You agree to defend, indemnify, and hold GAIA, its affiliates, officers, directors, employees, and agents, harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, that arise from any third-party claims or demands due to or arising out of your misuse of the website, or any breach of these Terms and Conditions. This indemnification obligation also extends to any liabilities, costs, and expenses resulting from your use of automated data extraction tools, or any actions you undertake that place an undue burden on the GAIA infrastructure.
15. Resolution of Disputes
Any disputes related to your use of the GAIA website or these Terms and Conditions will be governed by the laws of the State of New York, without regard to its conflict of law provisions. Disputes shall be resolved through confidential arbitration in New York, except in cases where you have violated, or threaten to violate, the intellectual property rights of GAIA or its affiliates, partners, or licensors. In such instances, GAIA reserves the right to seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted in accordance with the prevailing Consumer-Related Disputes Supplementary Rules of the American Arbitration Association, and the decision of the arbitrator shall be final and binding, with rights of entry as a judgment by any court of competent jurisdiction. Under these Terms and Conditions, no arbitration or claim under these terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the website, and there shall be no right for any dispute under these Terms and Conditions to be arbitrated on a class-action basis or to utilize class action procedures.
16. Agreement to Receive Electronic Notices
By using this website, you agree to receive electronic communications from GAIA, including agreements, notices, disclosures, and other types of communications (collectively, "Notices"), either through email or by postings on this website. You acknowledge that any Notices sent to you electronically satisfy any legal requirement that such communications be in writing. If you decide to withdraw your consent to receive Notices electronically, you must inform us by sending an email to GaiaTechnologic@gmail.com and cease using this website immediately. Upon withdrawal of your consent, any rights granted to you under these Terms and Conditions, including the limited licenses mentioned in Section 6, will end automatically. Unfortunately, we cannot extend the benefits of this website to anyone who cannot agree to receive Notices electronically. Note that this agreement to receive Notices electronically is distinct from any decisions you may make regarding the receipt of marketing materials, which are outlined in our Privacy Policy.
17. General Provisions
You acknowledge that these Terms and Conditions represent the entire agreement between you and GAIA regarding your use of the website, superseding all prior communications and proposals. GAIA reserves the right to modify these Terms and Conditions at any time by posting the changes on the website and providing notice of such changes. Any changes become effective immediately upon posting and notice. Your continued use of the website following any changes indicates your acceptance of the new Terms and Conditions. GAIA may terminate any rights granted by these Terms and Conditions at any time, with or without notice, and you must comply immediately with any termination or other notices, including ceasing all website use.
These Terms and Conditions do not create any agency, partnership, or other forms of joint enterprise between you and GAIA. The failure by GAIA to require performance of any provision will not affect its right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms and Conditions constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Should any part of these Terms and Conditions be held invalid or unenforceable by law or a court decision, such invalidity or unenforceability will not invalidate the entire Terms and Conditions. Instead, these Terms and Conditions will be construed and enforced as if they did not contain the invalid or unenforceable part, to the extent possible, to reflect the parties' original intentions.
For inquiries regarding these Terms and Conditions, please contact us at GaiaTechnologic@gmail.com.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
In accordance with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please contact our Designated Agent for copyright infringement claims and provide the following information:
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A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
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Identification of the copyrighted work claimed to have been infringed;
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A description of where the allegedly infringing material is located on the website;
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Your contact information, including address, telephone number, and email address;
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A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
18. GAIA E-Gift Card Conditions
GAIA E-Gift Cards can be exchanged for products only, are not redeemable for cash, do not expire, and are not subject to any service charges. Promotions and discounts are not applicable to the purchase of GAIA E-Gift Cards, and their purchase value does not contribute towards promotional thresholds. The redemption of GAIA E-Gift Cards online is governed by the Terms & Conditions and Privacy Policy of the GAIA website.
GAIA reserves the right to close customer accounts or demand alternative payment methods if a GAIA E-Gift Card is redeemed or attempted to be redeemed fraudulently.
GAIA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO E-GIFT CARDS. THE ONLY REMEDY FOR A NONFUNCTIONAL E-GIFT CARD CODE IS THE REPLACEMENT OF THE GAIA E-GIFT CARD. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN WARRANTY LIMITATIONS, SO PARTS OF THE ABOVE MAY NOT APPLY TO YOU.
For more information or assistance with GAIA E-Gift Cards, please reach out to our customer service team.
19. GAIA’s Limited Warranty Exclusions
The GAIA limited warranty does not cover:
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Normal wear and tear or damage from regular use.
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Damage from liquids.
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Damage resulting from abuse, accidents, misuse, fire, earthquakes, exposure to liquids, creams, serums, or other external factors.
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Use of non-GAIA chargers that are incompatible with our products.
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Cosmetic damage, like dents or broken plastic, unless it results from poor craftsmanship.
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Consumable parts like batteries or protective covers, unless failure has occurred due to material or workmanship defects.
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Products with altered or missing serial numbers.
For issues related to shipping and handling, please consult our policies or contact customer support.
20. Trademark Notice
All trademarks, logos, and service marks displayed on this website are the property of their respective owners. Names, brands, and marks are used for identification purposes only and do not imply endorsement by GAIA.