Terms of service

OVERVIEW

Welcome to Gaspar’s Luxury Estate. Gaspar’s Luxury Estate is a d/b/a (fictitious name) of Il Futuro Properties. These Terms of Service govern your use of this website and store. In these Terms, “we,” “us,” and “our” refer to Il Futuro Properties, doing business as Gaspar’s Luxury Estate. Gaspar’s Luxury Estate operates this website and store, including all related information, content, features, tools, products, and services, in order to provide visitors and customers with access to our merchandise, property content, and links or access points to third-party booking platforms and related offerings (the “Services”). Gaspar’s Luxury Estate is powered by Shopify, which enables us to provide certain Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our Services. By visiting, browsing, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our website, purchasing products, or interacting with our content, you may be asked to provide certain information such as your name, email address, billing information, payment details, or shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS, CONTENT, AND SERVICES

Gaspar’s Luxury Estate may offer merchandise, branded products, digital content, property information, and related offerings through this website.

We make reasonable efforts to present our products, content, and property information accurately. However, colors, finishes, dimensions, product appearance, photography, renderings, and other visual representations may vary from how they appear on your screen or in real life.

Property descriptions, amenities, photographs, and other listing-related content are provided for general informational purposes only and may be updated from time to time. Availability, booking terms, pricing, policies, and reservation conditions for stays are determined by the third-party platform through which a booking is made.

We do not warrant that any product, content, or information made available through the Services will meet every expectation or be error-free.

All descriptions of products or services are subject to change at any time without notice at our sole discretion. We reserve the right to modify or discontinue any offering at any time and may limit quantities or availability on a case-by-case basis.

SECTION 3 - ORDERS AND THIRD-PARTY BOOKINGS

When you place an order or submit payment through the Services, you are making an offer to purchase a product. Gaspar’s Luxury Estate reserves the right to accept or decline any order for any reason at our discretion. An order is not accepted until we confirm acceptance and, where applicable, receive and process payment.

Merchandise purchases made through this website are subject to our Refund Policy.

Vacation rental bookings referenced, linked, or promoted through this website may be processed through third-party platforms such as Airbnb, Lodgify, Booking.com, Peerspace, or similar providers. Any reservation, cancellation, refund, modification, dispute, or stay-related issue is subject to the applicable terms and policies of the booking platform used to complete the reservation.

Gaspar’s Luxury Estate does not override the terms, cancellation policies, refund policies, or booking procedures of third-party booking platforms.

You represent and warrant that purchases made through the Services are for lawful purposes and not for unauthorized resale, duplication, or commercial exploitation unless expressly approved by us.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and product offerings are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and, where applicable, reflected in your order confirmation or checkout process. Unless otherwise expressly stated, prices do not include taxes, shipping, handling, customs, import charges, transaction fees, or other charges that may apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our Services. You agree to promptly update your information, including your email address and payment details, so we can complete transactions and contact you as needed.

You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are duly authorized to use the selected payment method;
(iii) charges incurred by you will be honored by your payment provider; and
(iv) you will pay charges incurred by you at the posted prices, including any applicable taxes, shipping, and handling.

SECTION 5 - SHIPPING AND DELIVERY

If you purchase physical goods through our website, shipping and delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, supply chain disruptions, print-on-demand partners, or events outside our control.

Certain items sold through our website may be made to order and fulfilled by our print-on-demand partner, Printful. Fulfillment and shipping for those items may be subject to Printful’s applicable policies and procedures. You can review Printful’s Terms of Service here: https://www.printful.com/policies/terms-of-service

Once products are transferred to the carrier, title and risk of loss pass to you to the extent permitted by law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, logos, service names, text, copy, graphics, images, photographs, renderings, layouts, downloads, video, audio, and the design, selection, and arrangement thereof, are owned by Gaspar’s Luxury Estate, its affiliates, licensors, or content providers and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial, or informational use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, transmit, sell, or exploit any material from the Services without our prior written consent, except as expressly allowed in writing.

Gaspar’s Luxury Estate’s names, logos, product names, service names, designs, and slogans are trademarks of Gaspar’s Luxury Estate or its affiliates or licensors. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names and marks belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, including booking tools, shopping tools, analytics, integrations, calculators, scheduling tools, or other software. We neither monitor nor control such third-party tools and provide access to them on an “as is” and “as available” basis without warranties, representations, or conditions of any kind and without endorsement. Your use of such tools is entirely at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, integrations, embeds, hyperlinks, or references to websites, booking platforms, vendor sites, or services operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of such third parties. If you access third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to or use of third-party websites, or your purchase or use of any products, services, resources, or content from third parties. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Gaspar’s Luxury Estate is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Gaspar’s Luxury Estate. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Gaspar’s Luxury Estate, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Gaspar’s Luxury Estate.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services may be transmitted to and shared with Shopify and certain third parties in order to provide services to you.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, reviews, proposals, plans, comments, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We are under no obligation to maintain Feedback in confidence, pay compensation for it, or respond to it.

You represent and warrant that your Feedback does not violate any third-party rights and is not unlawful, abusive, obscene, misleading, or harmful. We may remove Feedback at our sole discretion.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, estimated delivery dates, or other matters. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted an order.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services for any unlawful, fraudulent, abusive, misleading, malicious, infringing, or unauthorized purpose, including to violate any law, infringe intellectual property rights, impersonate others, transmit malware, scrape or copy content without permission, or interfere with the operation or security of the Services.

We reserve the right to suspend, disable, or terminate access to the Services or your account if we determine that you have violated these Terms.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of any autonomous or semi-autonomous software, service, bot, scraper, or agent to access, use, or interact with the Services. Any such use must comply with the rules stated in this section, including truthful identification and non-circumvention of technical measures.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY GASPAR’S LUXURY ESTATE, THE SERVICES AND ALL PRODUCTS, CONTENT, INFORMATION, AND OFFERINGS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL GASPAR’S LUXURY ESTATE, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Gaspar’s Luxury Estate, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms, your violation of law, your infringement of any third-party rights, or your access to or use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on the site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding all prior or contemporaneous communications and proposals, whether oral or written.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any rights or obligations under them without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Pasco County, Florida, and you consent to the personal jurisdiction and venue of such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

contact@ilfuturoproperties.com
Gaspar’s Luxury Estate
Phone: 727.686.6721