1. Introduction

Welcome to Genuwind Customs LLC, otherwise known as “Genuwind Customs.” These Terms and Conditions (“Terms”) govern your access to and use of our website, products, and services (collectively referred to as the “Services”). By accessing or using our Services, you agree to be bound by these Terms, along with our Privacy Policy, Cookie Policy, Shipping and Return Policy, and Refund Policy, which are incorporated by reference. If you do not agree to these Terms, please do not use our Services.

Genuwind Customs LLC (“Company,” “we,” “us,” or “our”) reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the Services after the posting of any changes constitutes acceptance of those changes.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• “Company” refers to Genuwind Customs LLC, a company registered in the United States.
• “User” refers to any individual or entity accessing or using our Services.
• “Products” refers to the items available for purchase through our website, including custom products made for orchestral musicians or orchestras.
• “Services” refers to the website, products, subscription software, and any related services provided by Genuwind Customs.
• “Subscription” refers to the software service offered by Genuwind Customs for instrument maintenance and management.
• “Content” refers to any text, images, audio, video, or other material provided on the website.

3. Eligibility

To use our Services, you must be at least 18 years old and have the legal capacity to enter into these Terms. By accessing or using our Services, you represent and warrant that you meet these eligibility requirements. The availability of certain products and services may vary depending on your location.

4. Account Registration

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Genuwind Customs will not be liable for any loss or damage arising from your failure to protect your account information.

If you choose to subscribe to our software services, you will be subject to additional terms and conditions specific to the subscription, which will be presented to you during the registration process.

5. Products and Services

Genuwind Customs offers a variety of products designed for orchestral musicians and orchestras, including custom-made items and subscription software for instrument maintenance and management. Our products and services are described in detail on our website, and we strive to ensure that all descriptions are accurate and up-to-date.

• Custom Orders: For custom products, specific details regarding the design, materials, and delivery timelines will be provided at the time of the order. Custom orders may be subject to additional terms and conditions, which will be communicated to you before your order is finalized.
• Software Subscription: Our subscription software service is designed to assist with instrument maintenance and management. This service is available on a subscription basis, and details regarding the software’s features, pricing, and usage will be provided during the registration process.
• Product Availability: All products are subject to availability, and we reserve the right to limit the quantities of any products or services we offer. We also reserve the right to discontinue any product or service at any time without notice.

6. Pricing and Payment

• Pricing for our products and services is listed on our website and may vary depending on the specific item or subscription. All prices are in U.S. dollars unless otherwise stated. We strive to ensure that all pricing information is accurate, but errors may occur. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.
• Payment Methods: We accept payments through Stripe and other payment methods as indicated on our website. By providing payment information, you represent and warrant that you have the legal right to use the payment method you provide.
• Taxes and Duties: You are responsible for any applicable taxes, duties, or other charges imposed by governmental authorities in connection with your purchase. These charges are not included in our pricing and will be added to your total at checkout.
• Billing Cycles for Subscriptions: For subscription services, you will be billed on a recurring basis as specified at the time of purchase. You agree to pay all fees or charges to your account in accordance with the billing terms in effect at the time a fee or charge is due and payable.

7. Order Process

To place an order, you must select the desired product or subscription service on our website, provide the necessary information, and follow the checkout process. Once your order is placed, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order; it is merely an acknowledgment that we have received your order.

• Order Confirmation: Acceptance of your order and the completion of the contract between you and Genuwind Customs will take place when we send you an email confirming that the product has been shipped or, in the case of digital products or software subscriptions, that access has been granted.
• Shipping and Delivery Terms: Shipping and delivery details are provided during the checkout process and are further outlined in our Shipping and Return Policy. We aim to fulfill orders within the estimated timeframes provided, but delays may occur. Risk of loss and title for all products purchased from Genuwind Customs pass to you upon delivery to the carrier.

8. Shipping and Delivery

Genuwind Customs offers both free and paid shipping options depending on the product and delivery location. For more details, please refer to our Shipping and Return Policy, which is available separately.

9. Returns and Refunds

We want you to be fully satisfied with your purchase from Genuwind Customs. If you are not satisfied, you may return the product under the conditions outlined in our separate Refund Policy. For the detailed return process and conditions, please refer to our Refund Policy.

10. Order Cancellations

We understand that sometimes circumstances change, and you may need to cancel your order. Our cancellation policy is outlined below.

• How to Cancel an Order: If you wish to cancel your order, please contact us immediately via email. If your order has not yet been shipped, we will process the cancellation and issue a full refund.
• Conditions for Cancellation: Orders that have already been shipped cannot be canceled. In such cases, you will need to follow the return process as outlined in our Refund Policy.
• Return Process if Shipped: If your order has already been shipped at the time of your cancellation request, you will need to go through our standard return process as described in our Refund Policy.

11. Intellectual Property

All content on the Genuwind Customs website, including but not limited to text, images, logos, trademarks, graphics, and software, is the property of Genuwind Customs or its licensors and is protected by international copyright and trademark laws.

• Ownership of Content: You acknowledge that Genuwind Customs owns all rights, title, and interest in and to the website and its content. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
• Use of Trademarks and Copyrights: Our trademarks and copyrights may not be used in connection with any product or service without the prior written consent of Genuwind Customs. Unauthorized use of our intellectual property is strictly prohibited.
• Restrictions on Use: You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial use only. Any unauthorized use of the Services or content may violate copyright, trademark, and other laws.

12. License to Use Services

By using our Services, Genuwind Customs grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and Services for your personal, non-commercial use, subject to these Terms.

• User License for Software and Services: This license allows you to access and use the software and products provided by Genuwind Customs for their intended purposes. You may not sublicense, sell, or transfer your rights under this license to any third party.
• Restrictions on Use: You agree not to use the Services for any unlawful or prohibited activities, including but not limited to:

Modifying, adapting, or hacking the Services or attempting to gain unauthorized access to any part of the Services.

Engaging in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.

Using the Services to violate any applicable local, state, national, or international law.

• Termination of License: Genuwind Customs reserves the right to terminate or suspend your license to use the Services at any time, without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise unacceptable.

13. User Responsibilities

As a user of Genuwind Customs Services, you agree to abide by the following responsibilities:

• Accurate Information: You agree to provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our Services. You are responsible for maintaining the accuracy and completeness of this information.
• Prohibited Conduct: You agree not to engage in any conduct that could harm Genuwind Customs, our Services, or other users. This includes, but is not limited to:
• Providing false information.
• Engaging in fraudulent activities.
• Using our Services for any illegal or unauthorized purpose.
• Compliance with Laws: You agree to comply with all applicable laws and regulations in connection with your use of the Services.

14. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Genuwind Customs.

• Links to Third-Party Websites: These links are provided for your convenience only. Genuwind Customs does not endorse or assume any responsibility for the content, products, or services of any third-party websites.
• Third-Party Software and Services: Our Services may include or require the use of third-party software or services. Your use of such software or services is subject to the terms and conditions of the third-party provider.
• Disclaimer of Liability for Third-Party Content: Genuwind Customs is not responsible for any loss or damage that may arise from your use of third-party websites, software, or services. You access third-party content at your own risk.

15. Membership and Subscriptions

Genuwind Customs offers membership and subscription services that provide additional benefits and access to exclusive products and features.

Membership Benefits:

• Extended return periods (30 days for members).
• Exclusive access to certain products and services.
• Special offers and discounts available only to members.

Subscription Services:

• Includes access to software for instrument maintenance and management.
• Billed on a recurring basis, as specified during the subscription process.
• Subscribers are required to pay all fees associated with their subscription according to the billing terms provided.

Renewal and Cancellation of Subscriptions:

• Subscriptions automatically renew at the end of the applicable period unless canceled by the user.
• You can manage or cancel your subscription through your account settings.
• Cancellations take effect at the end of the current billing period, with no refunds for the remaining period.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Genuwind Customs and its affiliates, officers, employees, agents, suppliers, and licensors are not liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to:

• Loss of profits, data, use, goodwill, or other intangible losses.
• Damages resulting from your access to or use of the Services.
• Conduct or content of any third party on the Services.
• Content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.

Total Liability: In no event shall Genuwind Customs’ total liability exceed the amount you paid to Genuwind Customs, if any, for using the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

17. Indemnification

You agree to indemnify, defend, and hold harmless Genuwind Customs and its affiliates, officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of:

• Your access to or use of the Services.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property, privacy, or proprietary rights.
• Your use of the products or services purchased from Genuwind Customs.

18. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services provided by Genuwind Customs shall be resolved as follows:

Governing Law:

• These Terms are governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
• Both parties agree to submit to the personal jurisdiction of these courts.

19. Modification and Termination

Genuwind Customs reserves the right to modify or discontinue the Services, or any part thereof, at any time with or without notice.

Modification of Services:

• We may update, modify, or discontinue any aspect of the Services, including pricing, features, and product offerings, at any time without prior notice.

Termination of Accounts and Services:

• We reserve the right to terminate or suspend your account or access to the Services at any time, with or without cause or notice.
• If your account is terminated, your right to access and use the Services will immediately cease.

Effect of Termination:

• Upon termination, all licenses and other rights granted to you under these Terms will immediately cease.
• Genuwind Customs will not be liable to you or any third party for any termination of your access to the Services.

20. Privacy and Data Protection

Genuwind Customs is committed to protecting your privacy and personal information. Your use of the Services is subject to our Privacy Policy.

User’s Rights Regarding Personal Data:

• You have the right to access, correct, or delete your personal information.
• You may also have the right to restrict or object to certain processing of your data, as outlined in our Privacy Policy.

Reference to Privacy Policy:

• Our Privacy Policy provides detailed information on how we collect, use, and protect your personal data.
• The Privacy Policy is incorporated by reference into these Terms, and you agree to its terms when using our Services.

21. Cookie Policy

Genuwind Customs uses cookies and similar tracking technologies to enhance your experience on our website.

Managing Cookies:

• You can manage or disable cookies through your browser settings. However, disabling cookies may affect the functionality of our website.

Reference to Cookie Policy:

• For more detailed information on how we use cookies and how you can manage them, please refer to our Cookie Policy, which is incorporated by reference into these Terms.

22. Force Majeure

Genuwind Customs shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control.

Definition of Force Majeure Events:

• Events that constitute force majeure include, but are not limited to:
  • Natural disasters (e.g., earthquakes, floods, hurricanes).
  • Acts of war or terrorism.
  • Pandemics or epidemics.
  • Government actions or regulations.
  • Strikes, labor disputes, or other industrial actions.
  • Power failures or internet service interruptions.

Impact on Obligations:

• In the event of a force majeure event, Genuwind Customs’ obligations under these Terms will be suspended for the duration of the event.
• We will make reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as possible.

23. Waiver and Severability

Waiver of Rights:

• The failure of Genuwind Customs to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Genuwind Customs.

Severability of Terms:

• If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
• The invalid, illegal, or unenforceable provision will be replaced with a valid provision that most closely matches the intent of the original provision.

24. Contact Information

How to Contact Genuwind Customs:

• If you have any questions or concerns about these Terms or the Services, you can contact us using the following methods:
  • Email: legal@genuwindcustoms.com

Customer Support Details:

• Our customer support team is available to assist you with any issues or inquiries you may have. Please feel free to reach out to us during our business hours.