GUTLEX TERMS & CONDITIONS

1. Scope

1. These General Terms and Conditions (hereinafter: Terms) apply to all contracts concluded via our online store (purchase contract and subscription) between us, the
   
   Gutlex LLC
   943 NW 31st AVE
   Pompano Beach, FL 33069
   United States
   Email: info@gutlex.com
   (we or Gutlex)
   
   and
   You as a customer
   as well as for the use of our website https://gutlex.com by you.
2. All agreements made between you and us in connection with the use of our website and the purchase contract or subscription result in particular from these Terms, our written order confirmation and our declaration of acceptance.
3. The version of the Terms valid at the time of use of the website or at the time of conclusion of the purchase agreement or subscription shall apply.
4. We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
5. We sell our goods only to consumers and only for private use. A commercial resale of our goods is prohibited.

2. Conclusion of a Purchase Agreement

1. The presentation and advertising of products in our online store does not constitute a binding offer to conclude a purchase contract.
2. By submitting an order via the online store by clicking the button "Place Order" or similar language, you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order.
3. We will confirm the receipt of your order placed via our online store immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
4. A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered products.
5. If the delivery of the products ordered by you is not possible, for example because the corresponding product is not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

3. Conclusion of a Subscription

1. If you have ordered a subscription, a contract for the regular delivery of the product is only concluded when we accept your order by means of a declaration of acceptance.
2. The subscription is concluded for a limited period of 1 month. The subscription is automatically renewed for an indefinite period of time if it is not canceled in accordance with § 3(3) or if you make use of the 30-day money-back guarantee in accordance with § 5.
3. You can cancel the subscription at any time without notice and without giving any reason with effect for the future.
4. We may terminate the subscription for cause with 4 weeks' notice prior to the expiration of the subscription.
5. If the delivery of the products ordered by you is not possible, for example because the corresponding product is not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

4. Right of Withdrawal

As a consumer, you may be entitled to a right of withdrawal in accordance with applicable law. Please note that our products are sealed goods, which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery. Therefore, the right of withdrawal will be excluded once you have removed the seal by opening the product packaging.

Instructions: Right of Withdrawal

You have the right to withdraw from this contract (purchase contract or subscription) within fourteen (14) days without giving any reason.

For one-off purchases, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. For subscriptions, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.

To exercise your right of withdrawal, you must inform us, Gutlex LLC, 943 NW 31st AVE, Pompano Beach, FL 33069, United States, Email: info@gutlex.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

5. 30-Day Money-Back Guarantee

If you do not like our product, you can initiate a refund of your first order within 30 days of your first order with us by returning the rest of your product (including packaging) and emailing info@gutlex.com without giving any further reason. In this email you shall provide your name, your order number, the date of your order and your address. We will then tell you via return email how and to which address you need to return the product to us in order to receive your refund.

Your return shipment will require tracking by the carrier to the return address we have provided to you. You must provide us with the tracking number immediately after dispatch by emailing info@gutlex.com. Please note that the return shipping costs cannot be reimbursed by us.

Refunds will be made as soon as possible and always within 6 weeks of our receipt of the returned product. The money-back guarantee only applies when you purchase or take out a subscription for the first time and can only be exercised once. Special promotions and trial offers are excluded from the money-back guarantee.

6. Terms of Delivery and Payment in Advance

1. Our delivery takes place after receipt of the purchase price plus shipping costs (prepayment).
2. The delivery time is approximately five to ten (5 to 10) business days after payment of the purchase price and shipping costs.
3. If a subscription has been taken out, delivery will be made every 30 days by default.

7. Prices and Shipping Costs

1. All prices in our online store are listed in US dollars and include applicable sales tax but do not include shipping costs.
2. The shipping costs are indicated in our price quotations in our online store. The price including tax and applicable shipping costs is also displayed in the order mask before you submit the order.
3. If a subscription has been taken out, the indicated price (including shipping costs) will be charged again for each additional delivery.

8. Terms of Payment and Set-Off and Right of Retention

1. The purchase price and shipping costs are to be paid in advance.
2. You can pay the purchase price and shipping costs at your choice using one of the payment methods available in our online shop.
3. If a subscription has been taken out, you give us authorization to charge your specified means of payment for the following deliveries. We will automatically initiate the charge of your account at the earliest 1 week before dispatch of the next delivery. The granted payment authorization is valid until revoked and also for further orders within the subscription.
4. You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract or subscription.
5. As a purchaser or subscriber, you may only exercise a right of retention if your counterclaim arises from the same purchase contract or subscription.

9. Warranty

1. We shall be liable for material defects or defects of title of delivered items in accordance with applicable US law. The limitation period for statutory claims for defects is one (1) year and begins with the delivery of the goods.
2. Any warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the claims based on material defects or defects of title within the meaning of § 9(1). Details of the scope of such warranties can be found in the warranty conditions that may be enclosed with the articles as well as in § 5.

10. Use of Our Websites

1. You are obligated to indemnify us against all claims of third parties based on a culpable violation on your part of the obligations contained in these Terms.
2. You grant us a non-exclusive, geographically and temporally unlimited, royalty-free right, revocable at any time, to use, reproduce, modify, adapt, publish, translate, distribute and display any content generated by you on our website in connection with the name provided when the content was created.

11. Liability

1. We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with applicable law for damages or reimbursement of wasted expenditure.
2. In other cases, unless otherwise provided in Section 11(3), we are only liable for breach of a material contractual obligation, and this is limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in Section 11(3).
3. Our liability for damages resulting from injury to life, body or health and under applicable product liability law remains unaffected by the above limitations and exclusions of liability.

12. Intellectual Property

We have copyrights or rights of use to all logos, images, films, texts and other content published on our website. Use of the logos, images, films, texts, other content and our trademarks (including "GUTLEX" and "GUT IS LIGHT, DAY AND NIGHT") is not permitted without our express prior consent.

13. Disclaimer for Content on Third Party Websites

We are not responsible for content on linked external third-party websites over which we have no control. These links are provided solely as a convenience to users and do not constitute an endorsement or approval of the content by us.

14. Data Protection Information

We comply with applicable US data protection requirements and regulations. For more information, please refer to our Privacy Policy.

15. Changes to the Terms

1. We reserve the right to change these Terms at any time, insofar as this is necessary due to a changed legal situation or court rulings, technical changes or further developments, new organizational requirements, further developments of the business model, loopholes in the Terms, changes in market conditions or other reasons and provided that the changes do not disadvantage you unreasonably. We will notify subscribers of our products at least four (4) weeks before changes come into effect by email or other suitable means. Changes that only affect new functions or products or that are not associated with any additional obligations or burdens on you take effect immediately. The changes are considered approved if you do not object to the changes within four (4) weeks after our notification. In the event of a change in the Terms, we will specifically point out the possibility of objection and the importance of the deadline. If you make use of your right of objection, we have the right to terminate all contracts with you with effect from the point in time at which the changed Terms are to come into force. We will also point this out to you in our notification.
2. We are free to stop the operation of our website at any time.

16. Assignment

We may assign all contracts with you and our resulting rights and obligations therefrom in whole or in part to another legal person, in particular to an affiliated company, or in connection with a corporate transaction or an asset deal.

17. Applicable Law and Place of Jurisdiction, Dispute Resolution

1. The laws of the State of Florida and applicable federal law shall govern these Terms and any disputes arising out of or relating to these Terms or our Services, without regard to conflict of law principles.
2. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Broward County, Florida, and the parties irrevocably consent to the personal jurisdiction and venue therein.
3. Dispute resolution: We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. However, you may have the right to pursue claims in small claims court if your claims qualify.

18. Gutlex Referral Programs

Gutlex operates referral and partnership programs, including a Refer-a-Friend program and Influencer/Dealer Collaboration programs. These programs are subject to these Terms and Conditions and Gutlex's Privacy Policy, as well as the following additional terms and conditions:

Refer-a-Friend Program

Referrer. Any natural person can refer a friend (a "Referred Customer") as a "Referrer", regardless of whether the referrer is a new or existing Gutlex customer. Referrers can refer as many customers as they wish. The referred customer and the referrer cannot be the same natural person (e.g. by using different email addresses). The assessment is at the sole discretion of Gutlex.

Qualified Referral. A Qualified Referral is the conclusion of a purchase or subscription contract by a Referred Customer by means of a unique referral link from the Gutlex Refer-a-Friend program on www.gutlex.com. Referrals without using such link will not be accepted.

Referred Customers. For a Qualified Referral, the Referred Customer must be a natural person who has never purchased from Gutlex before (new customer), regardless of the possible use of different email addresses or other contact details. Each natural person can only be a Referred Customer once, i.e. further/repeated purchases by a customer do not count as a Qualified Referral. The assessment is at the sole discretion of Gutlex.

Referral Rewards. For each Qualified Referral that complies with these conditions, the Referrer receives a referral reward in the form of a promotional code or discount ("Reward"). The Reward may only be redeemed personally by the referrer and is not transferable.

Reward Payments. Rewards are provided as single, one-time use promotional codes in the amount stated in the Gutlex Refer-a-Friend program, which can be redeemed for a future purchase.

Only one promotional code can be redeemed per purchase. Multiple promotional codes, regardless of their nature or origin, cannot be redeemed in the same purchase.

Promotional codes can be redeemed at checkout on www.gutlex.com by adding the promotional code to the relevant field prior to submitting payment. Promotional codes may also be redeemed by Gutlex subscribers within their customer account by adding the promotional code to their next order.

The right to redeem a reward expires after one (1) year from issuance.

Rewards can only be used to purchase products in the Gutlex online shop and are not redeemable for cash or gift cards. The referrer is responsible for all tax liabilities resulting from Rewards.

Eligibility. Only natural persons in the United States are eligible to participate in the Gutlex Refer-a-Friend program. The program may not be used by businesses or corporations or for affiliate lead generation without express written permission from Gutlex.

Misuse. Any misuse of the Gutlex Refer-a-Friend program is prohibited. This includes in particular circumvention by using other contact details by the same person, or the use of an intermediary if the actual beneficiary is excluded from the program. The assessment is at the sole discretion of Gutlex.

No Spam. The Gutlex Refer-a-Friend program is designed to avoid "spamming" and unreasonable harassment of Referred Customers. The Referrer must comply with all applicable "spam" laws and anti-harassment regulations. In particular, referral messages must be created and sent in a personal manner by the Referrer. Bulk email distribution via mailing lists is not permitted unless the Referrer has the effective permission of the message recipients to send third-party advertising to them. Any sending of the referral link that could be considered unsolicited commercial email or "spam" under applicable law is expressly prohibited and will be grounds for immediate termination of the customer account and exclusion from the Refer-a-Friend program.

Right to Close Accounts. Gutlex reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the program in an unauthorized manner. The assessment is at the sole discretion of Gutlex.

Influencer/Dealer Collaboration Program

Eligibility. Gutlex's Influencer and Dealer Collaboration programs are available to approved partners only. To apply, interested parties must contact info@gutlex.com with details about their platform, audience, or business.

Approval Process. Gutlex reserves the right to approve or deny any application to participate in these programs at its sole discretion. Approval may be based on factors including but not limited to audience size, engagement rates, brand alignment, and business qualifications.

Program Terms. Specific terms for Influencer and Dealer programs, including commission structures, promotional codes, content requirements, and payment terms, will be provided separately to approved partners in a partnership agreement.

Compliance. All partners must comply with applicable advertising disclosure laws (including FTC guidelines), maintain brand standards as specified by Gutlex, and represent Gutlex products accurately and honestly.

Termination. Gutlex reserves the right to terminate any partnership at any time for any reason, including but not limited to breach of program terms, misrepresentation, or conduct that Gutlex deems harmful to its brand.

General Program Terms

Right to Cancel or Modify Programs. Gutlex reserves the right to terminate any referral or partnership program or change its terms and conditions at any time at its sole discretion. Any unclaimed Rewards will expire at the time the change takes effect.

Tax Responsibility. Participants are solely responsible for any tax liabilities arising from participation in Gutlex programs, including any rewards, commissions, or benefits received.

19. Miscellaneous

1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2. These Terms constitute the entire agreement between you and Gutlex regarding the use of our Services and supersede all prior agreements and understandings.
3. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20. Contact Information

For questions about these Terms & Conditions, please contact us at: