Terms & Conditions

Gomez Sim Industries LLC Terms and Conditions

1. Definitions

In these Terms and Conditions, the following terms shall have the meanings set forth below:

  • "GSI": Refers to Gomez Sim Industries LLC, a company based in Texas, USA.
  • "Customer": The individual or entity purchasing products from GSI.
  • "Product(s)": All goods and materials supplied by GSI, including but not limited to sim racing equipment and accessories.
  • "Contract": The agreement between GSI and the Customer for the sale and purchase of Products.

2. Application of Terms and Conditions

2.1. These Terms and Conditions apply to all offers, quotations, sales, and deliveries of Products by GSI to the Customer. By placing an order with GSI, the Customer agrees to be bound by these Terms and Conditions.

2.2. Any deviations from these Terms and Conditions must be agreed upon in writing by GSI.

3. Manufacturer's Warranty

Gomez Sim Industries LLC is dedicated to superior craftsmanship and the highest quality in its products and materials. We are confident in the excellence of our Products, and we back this with a manufacturer's warranty valid for twelve (12) months from the date of purchase for all GSI Products.

In the rare event that you encounter a defect or issue with our product, please contact us at info@gomezsimindustries.com. This warranty does not extend to damage caused by negligence, misuse, alterations, disassembly of the product, wear and tear, or failure to follow product instructions (such as dropping the product).

Should your Product exhibit a malfunction or failure in performance, we may offer a repair service at our discretion, subject to the Terms and Conditions outlined herein.

4. Warranty Claim Procedures

To pursue a warranty service, kindly reach out to our customer support team at info@gomezsimindustries.com with:

  • Proof of Purchase: An order number from our online store or a receipt from an authorized retailer.
  • Description of the Issue: A detailed description of the problem you are experiencing.
  • Evidence: Photographs or videos demonstrating the issue with the product.

It is important to accurately describe the issue you are experiencing. If, after assessment, the issue is deemed covered by our warranty and the product is repairable, we will proceed to repair it. In cases where the product is irreparable, we may, at our discretion, provide a refurbished product of equal value. Please note that Gomez Sim Industries LLC does not offer refunds or cover shipping costs for returned items under any circumstances.

In some cases, to facilitate the repair process, you may be requested to send the defective product to GSI. Shipping and handling fees are the responsibility of the Customer.

5. Standard One-Year Manufacturer Warranty

The manufacturer warrants this Product to be free from defects in workmanship and materials, under normal use and conditions, for a period of one (1) year from the original invoice date. During the warranty period, the manufacturer agrees, at its discretion, to repair any defect in material or workmanship or to provide a repaired or refurbished Product of equal value at no charge (except for shipping, handling, packing, return postage, and insurance fees, which will be incurred by the Customer). Any repair or replacement is subject to verification of the defect or malfunction and proof of purchase.

6. Warranty Limitations

This warranty does not cover:

  1. Unintended Usage: Damage or conditions arising from usage beyond the Product's intended purpose, such as commercial or rental applications.
  2. Improper Maintenance: Conditions resulting from lack of proper care, incorrect maintenance, or failure to follow recommended care guidelines.
  3. Misuse & Negligence: Damage resulting from misuse, negligence, abuse, or accidents.
  4. Damage Due to Shipping: Any damage incurred during shipping is the responsibility of the shipping carrier. Customers are advised to inspect the Product upon delivery and report any shipping damage directly to the carrier. The manufacturer is not liable for damages caused during transit.
  5. Variations in Tolerances: Visual or physical variations in appearance, texture, materials, or tolerances that do not impact the Product's functionality are not considered defects and are not covered by this warranty.
  6. Buyer's Remorse: Any dissatisfaction not linked to the Product's functionality or performance.
  7. Normal Wear: Deterioration consistent with regular use and aging of the Product.
  8. Transport & Routine Maintenance: Damages incurred during user-conducted routine maintenance activities.
  9. Used or Display Items: Any issues or damages on Products that were previously used or displayed.
  10. Damage from Disassembly:
    Any damage resulting from the disassembly of the product—whether partial or complete—is not covered under this warranty. GSI products are precision-built, and improper handling, modification, or tampering during disassembly can lead to performance issues or physical damage that is considered outside the scope of warranty coverage and not covered.

Please ensure you understand these exclusions before making a purchase. We prioritize the performance and functionality of our Products. Minor variations in sound or appearance that do not compromise these attributes are not considered defects.

7. Limitation of Liability

7.1. To the fullest extent permitted by law, Gomez Sim Industries LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • The use of or inability to use the Product.
  • Any unauthorized access to or use of our secure servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from our services.

7.2. In no event shall Gomez Sim Industries LLC's total liability exceed the amount paid by the Customer for the Product.

7.3. The Customer agrees to indemnify and hold harmless GSI from any claims arising out of the Customer's misuse of the Products.

8. Retention of Title

Ownership of the Products passes to the Customer only upon full payment of the purchase price and any applicable charges. Until full payment is received, Gomez Sim Industries LLC retains title to the Products. The Customer must store the Products in a manner that they remain identifiable as the property of GSI and must not pledge, sell, or otherwise dispose of the Products before ownership has passed.

9. Use Restrictions

Our Products are intended solely for simulation purposes. They are not suitable for use on public roads, test tracks, or as components in vehicles. Any use beyond the intended purpose is at the user's own risk, and Gomez Sim Industries LLC disclaims any liability for damages resulting from such misuse.

10. Claim Procedures

Warranty claims for defective merchandise must be made within one (1) year from the invoice date. Claims for missing parts must be made within sixty (14) calendar days after the merchandise is received. Any claim for defective merchandise returns must be packed in original packaging. We reserve the right to specify that items be returned to the original warehouse for inspection. Pictures are required to claim defective merchandise, along with a copy of the original invoice. If the claim is justified, the item(s) or part(s) will be repaired or a credit will be issued at our discretion. It is our policy to repair products whenever possible. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

11. Return & Refund Policy

Returns

You have fourteen (14) calendar days to return an item from the date you received it. To be eligible for a return, the item must meet all of the following conditions:

  • Unused and Unmounted: The item must be in its original, unused, and unmounted condition, showing no signs of wear, installation, or usage.
  • Original Condition: The item must be in the same condition as when it was received, without any modifications, alterations, or damage.
  • Original Packaging: The item must be returned in its original packaging, including all protective materials, accessories, manuals, and any other components that were included with the Product.
  • Proof of Purchase: A valid receipt or proof of purchase is required for the return to be processed.
  • Restocking and Financial Fees: All returns will incur a 3.5% restocking fee, which will be deducted from the refund amount. This fee covers handling, processing, and non-recoverable credit card or other financial transaction fees incurred by GSI.

Please note that items not meeting these conditions will not be eligible for a return or refund. GSI reserves the right to inspect and verify the condition of all returned items before issuing a refund. Shipping costs for the return are the responsibility of the Customer and are non-refundable.

Once we receive your item, we will inspect it and notify you of the status of your refund. If your return is approved, we will initiate a refund to your credit card or original method of payment. You will receive the credit within a certain amount of days, depending on your card issuer's policies.

Refunds for Cancellations

Please be advised that all returns or cancellations of your purchases will be subject to a processing fee amounting to 3.5% of the transaction value. This fee applies to all transactions, including those made due to an accidental purchase, mistaken order, or a change of mind, and is levied to cover the non-recoverable costs incurred by payment processing systems. This fee will be deducted from your refund total and cannot be waived.

Note: All custom orders are subject to a no-refund and no-exchange policy from the moment of purchase. This condition is in recognition of the bespoke nature of these items, tailored to your specific requirements. Due to their customization, they cannot be restocked or resold. Please ensure your specifications for custom orders are accurate and complete before finalizing your purchase.

12. Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

13. Contact Information

If you have any questions on how to return your item to us, please contact us at info@gomezsimindustries.com.

14. AeroFlex Gloves Return Policy

  • No Refunds: We do not offer refunds on the GSI AeroFlex gloves under any circumstances.
  • Sold Without Warranty: These gloves are sold without any warranty.
  • Exchange Policy:
    • Size Exchange Only: Customers can exchange their gloves for a different size.
    • Exchange Period: The exchange must be requested within fourteen (14) days of the date received.
    • Condition for Exchange: Gloves must be unused and in the original packaging.
    • Return Shipping Costs: Customers are responsible for the shipping costs of sending the gloves back to us for an exchange.
    • Shipping Costs for Exchanged Item: Our company will cover the shipping costs of sending the new size gloves back to you.

Exchange Process

  1. Contact Us: To initiate an exchange, please contact our customer service team at info@gomezsimindustries.com.
  2. Confirmation and Instructions: After contacting us, you will receive a confirmation and detailed instructions on how to proceed with the exchange.
  3. Shipping: Customers should ship the gloves back to us in their original, unused condition, including all original packaging. The customer is responsible for these return shipping costs.
  4. Processing: Once we receive the gloves, we will process your exchange and cover the shipping costs to send the new size back to you.

Additional Conditions for Exchange

  • Proof of Purchase: A valid proof of purchase is required for all exchanges.

15. Vendor-Initiated Order Cancellation Policy

As the vendor, Gomez Sim Industries LLC reserves the right to unilaterally cancel any order at any time for any reason we deem appropriate. This includes scenarios such as stock unavailability, errors in product details or pricing, concerns identified by our fraud detection systems, or instances of customer misconduct. In the event of an order cancellation, GSI will provide a full refund for any payments already made by the Customer.

16. International Shipping

Gomez Sim Industries LLC ships internationally with a few exceptions. For most countries, GSI collects VAT, tariffs, duties, taxes, and customs charges at checkout. However, for select countries where GSI does not collect these fees, the Customer is responsible for any VAT, tariffs, duties, taxes, customs charges, and additional handling fees required by your country when importing goods. Please research these costs prior to purchase, as GSI is unable to negotiate, reduce, or modify these charges.

17. Shipping FAQ

  • Order Processing: Orders are processed and shipped Monday through Friday.
  • PO Boxes: Orders cannot be shipped to PO Boxes.
  • Shipping Methods: Not all shipping methods are available to all shipping addresses.
  • Shipping Partners: We partner with UPS, FedEx, and DHL. USPS is not available at this time.

18. Modification of Terms and Conditions

Gomez Sim Industries LLC reserves the right to amend these Terms and Conditions, including warranty provisions, at any time, for any reason, and without prior notice. All modifications will take effect immediately upon implementation. It is the Customer's responsibility to review these Terms and Conditions periodically.

19. Force Majeure

GSI shall not be liable for any failure to perform its obligations under this agreement if such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government regulations, strikes, natural disasters, or interruptions in supply chains.

20. Intellectual Property Rights

All intellectual property rights, including trademarks, logos, patents, and copyrights related to the Products, are the exclusive property of Gomez Sim Industries LLC. Unauthorized use, reproduction, or distribution of these intellectual property rights is prohibited.

21. Governing Law and Dispute Resolution

These Terms and Conditions and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms and Conditions shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Dallas, Texas, and the judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

22. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

23. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Customer and Gomez Sim Industries LLC regarding the subject matter herein and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.

24. Acceptance of Terms

By purchasing our Products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Please retain invoices for a minimum of one year for warranty and record-keeping purposes.