Last updated: September 25, 2026

Important Notice

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER. THEY INCLUDE IMPORTANT PROVISIONS THAT LIMIT OUR LIABILITY AND AFFECT YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTIES, A BINDING ARBITRATION AGREEMENT, AND A CLASS ACTION WAIVER. BY USING THIS WEBSITE OR MAKING A PURCHASE, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Overview and Acceptance

These Terms and Conditions (the “Terms”) form a legally binding agreement between you and Kamar International LLC, doing business as “Don Gildo” (“Don Gildo,” “we,” “us,” or “our”). They govern your access to and use of www.dongildo.com and any related mobile site or application (together, the “Site”), as well as any purchase you make from our store.

By accessing, browsing, or using the Site, creating an account, or placing an order, you confirm that you have read, understood, and agree to these Terms and to every policy incorporated into them by reference, including our Privacy Policy, Refund and Returns Policy, Shipping Policy, and Cookie Policy. If you do not agree with these Terms in full, please do not use the Site or place an order.

These Terms apply to all customers in the United States to the fullest extent permitted by applicable federal and state law.

2. Eligibility

To use the Site, create an account, or place an order, you must be at least 18 years old (or the age of majority where you live, if higher) and legally able to enter into a binding contract.

By using the Site, you represent and warrant that:

  • You meet all applicable age and legal capacity requirements;
  • You will comply with these Terms and with all applicable federal, state, and local laws;
  • All information you provide to us is true, accurate, current, and complete; and
  • You are not barred from receiving products under the laws of the United States or any other applicable jurisdiction.

3. Your Account

You can browse the Site without an account. Some features, such as order history, saved addresses, wish lists, and preferences, may require you to register.

If you create an account, you agree to:

  • Provide accurate, current, and complete information and keep it up to date;
  • Keep your login credentials confidential and not share your password or account access with anyone;
  • Notify us right away at support@dongildo.com if you suspect any unauthorized access to or use of your account.

You are responsible for all activity that occurs under your account until you notify us of unauthorized use, except where applicable consumer protection law provides otherwise.

We may suspend, deactivate, or close your account at our discretion, including if you violate these Terms, engage in fraudulent or suspicious activity, misuse the Site, or where we reasonably believe it is necessary to protect our legitimate business interests.

4. Products, Availability, and Changes

We sell coffee products, including whole bean and ground coffee, for personal consumer use.

We make reasonable efforts to keep product descriptions, images, specifications, and prices accurate. However, we do not guarantee that all information on the Site is complete, current, or error-free, and we may correct errors, inaccuracies, or omissions at any time without notice.

Coffee is a natural agricultural product, and some variation is part of its character. Products may vary in:

  • Flavor, aroma, and cup profile from harvest to harvest, depending on origin, processing, and roasting;
  • Bean color, size, and appearance;
  • Packaging, labeling, and presentation as we update our designs or suppliers.

Product photos are for illustration only. Actual colors, textures, and appearance may differ because of screen settings, lighting, and natural product variation.

Product availability may be limited and can change without notice. We may discontinue or modify any product, description, price, or specification at any time without liability.

5. Prices, Taxes, and Currency

Unless otherwise stated, all prices on the Site are in U.S. dollars (USD).

For customers in the United States:

  • Applicable state and local sales taxes (including Florida sales tax, where applicable) are calculated at checkout based on your shipping address and applicable tax law;
  • You are responsible for paying all taxes, duties, fees, and government charges that apply to your purchase.

We may change prices at any time without notice. The price that applies to your order is the price shown when you submit your order at checkout, subject to the correction of obvious or typographical errors.

Pricing errors: If a product is listed at an incorrect price because of a typographical, system, or data error, we may refuse or cancel any order placed at that price, even after the order has been confirmed or your payment method has been charged. If this happens, we will let you know and give you the option to purchase the item at the correct price or receive a full refund.

6. Orders, Acceptance, and Cancellation

When you place an order through the Site, you are making an offer to purchase products under these Terms. To place an order, you will generally:

  • Add products to your cart;
  • Proceed to checkout;
  • Enter accurate shipping, billing, and contact information;
  • Review your order details, including products, quantities, prices, shipping, taxes, and total; and
  • Submit your order and authorize payment.

After you place an order, you may receive an automatic email acknowledging that we received it. That acknowledgment does not mean we have accepted your order.

Your order is accepted, and a binding contract is formed, only when we have successfully charged your payment method and either send you an order confirmation or begin processing or shipping your order, whichever happens first, subject to applicable consumer protection law.

We may refuse or cancel any order, in whole or in part, before or after confirmation, for reasons that include:

  • The product is unavailable or out of stock;
  • An obvious error in product information, pricing, or availability;
  • Reasonable suspicion of fraud, unauthorized activity, or abuse of our ordering system;
  • An actual or suspected violation of these Terms;
  • Problems verifying your payment or billing information;
  • Shipping restrictions for your location;
  • Unusually large orders that suggest unauthorized resale; or
  • Any other reason we consider appropriate to protect our business or our customers.

If we cancel an order after your payment method has been charged, we will refund the applicable amount to your original payment method within a reasonable time. We are not liable for any loss or inconvenience resulting from a refused or canceled order.

7. Payments and Security

We use trusted third-party payment processors (such as Stripe, PayPal, or similar PCI-DSS compliant providers) to handle payments securely.

By providing payment information, you represent and warrant that:

  • You are authorized to use the payment method you provide;
  • Your payment information is accurate, complete, and current;
  • You have sufficient funds or available credit to complete the transaction; and
  • You will pay all charges incurred through your account at the prices in effect, including taxes and shipping.

Payments are also subject to the terms and privacy policies of the applicable payment processor. Don Gildo is not responsible for errors, delays, declines, or other issues caused by a payment processor, your card issuer, or any other financial institution.

If your payment method is declined or cannot be processed, we may suspend or cancel your order without liability.

8. Shipping, Delivery, and Risk of Loss

Shipping and delivery details are set out in our Shipping Policy, which is part of these Terms. Our coffee is roasted at origin in Colombia and ships from Miami, Florida, to addresses within the United States, subject to any geographic restrictions we specify.

Risk of loss and title: To the fullest extent permitted by law, title to the products and the risk of loss or damage pass to you when we hand the products over to the carrier. After that point, we are not responsible for loss, damage, delay, or theft in transit, except where applicable law provides otherwise. Our Refund and Returns Policy explains how we help if an order arrives damaged.

Please review our Shipping Policy for details on shipping methods, estimated delivery times, and how to report delivery problems.

9. Returns, Refunds, and Exchanges

Our Refund and Returns Policy, which is part of these Terms, explains how we handle returns, refunds, and replacements.

Because coffee is a consumable food product, we do not accept returns or exchanges once an order has been delivered. We will replace or refund an order that arrives damaged or defective, or if you received the wrong item, provided you contact us within 7 days of delivery with your order number and a photo of the issue.

We do not offer returns or refunds for:

  • Change of mind or personal taste preferences;
  • Ordering mistakes made by the customer;
  • Opened or used products, unless they arrived damaged or defective;
  • Problems caused by improper storage, preparation, or use of the product.

Please see our full Refund and Returns Policy for all requirements and conditions.

10. Acceptable Use

You may use the Site only for lawful, personal purposes and in accordance with these Terms. You agree not to, and not to allow anyone else to:

  • Use the Site in any way that violates any applicable law or regulation;
  • Engage in any fraudulent, deceptive, or manipulative conduct, including using another person’s account, payment information, or identity without authorization;
  • Place fraudulent orders, file unjustified chargebacks, or submit false claims for returns, refunds, or damage;
  • Interfere with, disrupt, overload, or compromise the operation, security, or integrity of the Site or its related systems and networks;
  • Use bots, spiders, scrapers, crawlers, data-mining tools, or other automated means to access, monitor, or copy any part of the Site without our prior written consent;
  • Attempt to gain unauthorized access to any account, database, server, or network connected to the Site;
  • Upload or introduce viruses, malware, or any other harmful or malicious code;
  • Post or transmit content that is unlawful, harassing, threatening, abusive, defamatory, obscene, discriminatory, hateful, or otherwise objectionable;
  • Infringe or misappropriate the intellectual property, privacy, or other rights of Don Gildo or anyone else;
  • Reverse engineer, decompile, disassemble, modify, or create derivative works of the Site;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Collect personal information about other users without their consent;
  • Send spam, chain letters, pyramid schemes, or other unsolicited advertising;
  • Circumvent or disable any security feature of the Site; or
  • Use the Site for unauthorized commercial or resale purposes, including bulk purchases for resale without our written consent.

If you violate these rules, we may, without notice or liability, suspend or terminate your access and account, cancel pending or future orders, remove any content you have posted, report suspected illegal activity to the appropriate authorities, pursue available legal remedies (including injunctive relief), and cooperate with any law enforcement investigation. Violations may also expose you to civil or criminal liability.

11. Intellectual Property

The Site and all of its content, features, and functionality, including text, graphics, logos, icons, images, product photography, audio clips, downloads, data compilations, designs, source code, page layouts, and overall look and feel (together, the “Content”), are owned by Kamar International LLC, its affiliates, or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

“Don Gildo” and our related logos, product names, slogans, packaging designs, and trade dress are trademarks of Kamar International LLC. Other names, logos, and marks on the Site may be trademarks of their respective owners.

Limited license: We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site and view the Content solely for your personal, non-commercial use in accordance with these Terms. This license does not allow you to:

  • Copy, reproduce, distribute, publicly display or perform, republish, store, or create derivative works from the Site or the Content (except for ordinary browser caching);
  • Use the Content for any commercial purpose; or
  • Sell, license, rent, transfer, or otherwise commercially exploit the Site or the Content.

You also agree not to:

  • Remove, alter, or obscure any copyright, trademark, watermark, or other proprietary notice;
  • Use our trademarks, logos, or trade names in any way that is likely to cause confusion, suggest sponsorship or endorsement, or harm our reputation, without our prior written consent;
  • Frame or deep-link to the Site or any Content without our prior written consent;
  • Use any meta tags or other hidden text containing our trademarks or names without our written consent; or
  • Incorporate the Content into any other work, website, application, or publication, whether digital, print, or otherwise.

Any use of the Site or the Content not expressly permitted by these Terms is a breach of these Terms, ends the license granted above, and may violate intellectual property laws. We reserve all rights not expressly granted to you.

12. Third-Party Links and Services

The Site may include links to, or rely on, websites, applications, and services operated by third parties (together, “Third-Party Services”), such as:

  • Payment processors (for example, Stripe and PayPal);
  • Shipping carriers (for example, USPS, UPS, and FedEx);
  • Social media platforms (for example, Facebook, Instagram, and X);
  • Analytics and advertising providers; and
  • Other business partners and service providers.

Third-Party Services are not under our control, and we provide links to them only for your convenience. Don Gildo does not endorse, and is not responsible for, any Third-Party Service or its content, products, services, privacy practices, or policies, and we make no representations about their accuracy, reliability, quality, or security. We are not liable for any loss or damage arising from your use of, or reliance on, any Third-Party Service.

Your use of Third-Party Services is at your own risk and is governed by their own terms and privacy policies, which we encourage you to review. A link to another site does not imply that we endorse, sponsor, or are affiliated with that site or its operator.

13. Disclaimer of Warranties

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR OBLIGATIONS TO YOU.

To the fullest extent permitted by applicable federal and state law:

A. “As is” and “as available.”

THE SITE, ALL PRODUCTS, AND ALL CONTENT, SERVICES, AND MATERIALS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND.

B. No implied warranties.

DON GILDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

  • ANY IMPLIED WARRANTY OF MERCHANTABILITY;
  • ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE;
  • ANY WARRANTY OF TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT;
  • ANY WARRANTY OF ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, OR AVAILABILITY;
  • ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF DEFECTS OR DELAYS;
  • ANY WARRANTY THAT THE SITE, ITS SERVERS, OR ITS CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • ANY WARRANTY OF SECURITY OR PRIVACY OF ELECTRONIC TRANSMISSIONS; AND
  • ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

C. Our products.

Taste is personal, so we cannot promise that:

  • A coffee’s flavor, aroma, body, or other sensory characteristics will match your expectations or personal preferences;
  • Our products will suit your particular use or brewing method;
  • Our products will be free of the natural variation found in any agricultural product; or
  • Drinking coffee will produce any particular result, such as increased energy, alertness, or performance.

Flavor, aroma, strength, acidity, and body are shaped by factors such as origin, weather, plant variety, processing, roasting, storage, and brewing, not all of which are within our control.

D. Information on the Site.

WE DO NOT WARRANT THAT INFORMATION, DESCRIPTIONS, SPECIFICATIONS, IMAGES, OR OTHER CONTENT ON THE SITE IS ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES, ATTACKS, OR OTHER HARMFUL COMPONENTS.

E. Your responsibility.

You are responsible for reading product descriptions, labels, warnings, and instructions carefully and for making your own informed decisions about which products to buy.

F. State law.

Some states do not allow the exclusion of certain implied warranties, such as the implied warranties of merchantability or fitness for a particular purpose. IN THOSE STATES, THE DISCLAIMERS ABOVE APPLY ONLY TO THE EXTENT PERMITTED BY LAW. You may also have other legal rights that vary from state to state. Nothing in these Terms limits any consumer warranty or right that cannot legally be excluded under applicable federal or state law.

14. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY LIMITS OUR LIABILITY TO YOU.

To the fullest extent permitted by applicable U.S. federal and state law:

A. Excluded damages.

IN NO EVENT WILL KAMAR INTERNATIONAL LLC (DOING BUSINESS AS DON GILDO) OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, LICENSORS, OR BUSINESS PARTNERS (TOGETHER, THE “DON GILDO PARTIES”) BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
  • ANY LOSS OF PROFITS, REVENUE, SALES, DATA, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITIES, OR GOODWILL;
  • BUSINESS INTERRUPTION OR LOSS OF USE;
  • THE COST OF SUBSTITUTE GOODS OR SERVICES;
  • LOSS, CORRUPTION, OR DAMAGE OF DATA OR INFORMATION;
  • EMOTIONAL DISTRESS OR PSYCHOLOGICAL HARM;
  • DAMAGES RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, DEFECTS, OR DELAYS IN OPERATION OR TRANSMISSION;
  • DAMAGES RESULTING FROM VIRUSES, MALWARE, DENIAL-OF-SERVICE ATTACKS, OR UNAUTHORIZED ACCESS; OR
  • ANY OTHER DAMAGES BEYOND PROVEN, ACTUAL DIRECT DAMAGES.

B. Maximum amount.

THE TOTAL AGGREGATE LIABILITY OF THE DON GILDO PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, YOUR ACCOUNT, ANY PRODUCT YOU PURCHASE, OR YOUR USE OF OR INABILITY TO USE THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID DON GILDO FOR THE SPECIFIC ORDER OR PRODUCT THAT GAVE RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

C. All theories of liability.

These limitations apply whatever the legal theory, whether contract, tort (including negligence), strict liability, warranty, misrepresentation, breach of statutory duty, or otherwise, and even if we were advised of the possibility of such damages. They apply to claims relating to:

  • Your access to, use of, or inability to use the Site;
  • Any transaction, purchase, or order made through the Site;
  • Any product purchased, received, or not received;
  • Any content, information, or materials on the Site, including errors, inaccuracies, omissions, or delays;
  • Any interruption, suspension, or termination of the Site or your access to it;
  • Any security breach or unauthorized access to your account or data;
  • The conduct or content of any third party on or related to the Site, including linked third-party sites and services; and
  • Any other matter relating to these Terms, the Site, or our services.

D. Exceptions required by law.

Some states do not allow the exclusion or limitation of certain damages or of liability for gross negligence, willful misconduct, fraud, or certain statutory consumer rights. IN THOSE STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under U.S. federal law or the laws of the State of Florida.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Don Gildo Parties from and against all claims, demands, actions, proceedings, investigations, liabilities, losses, damages, fines, penalties, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and expert, litigation, and investigation costs) arising out of or relating to:

  • Your access to, use of, or misuse of the Site, our products, or the Content;
  • Your breach of these Terms or any incorporated policy;
  • Your violation of any applicable law or regulation;
  • Your violation of any third-party right, including intellectual property, privacy, publicity, or contractual rights;
  • Any information or content you submit, post, or transmit through the Site;
  • Your fraudulent, negligent, willful, or unlawful conduct in connection with the Site or our products;
  • Any third-party claim relating to your use of the Site or our products;
  • Any breach of a representation or warranty you make in these Terms;
  • Any dispute between you and a third party relating to the Site, your account, or our products;
  • Unauthorized use of your account resulting from your failure to protect your login credentials; or
  • Any claim for personal injury, property damage, or other harm caused by products you purchased, used, misused, or distributed.

Defense: We may require you to assume the defense of any claim covered by this section, using counsel reasonably acceptable to us. We may also, at our option, participate in the defense with our own counsel at our own expense, or take exclusive control of the defense and settlement of the claim. You may not settle any covered claim without our prior written consent if the settlement would impose any obligation on us, require any admission of fault by us, or otherwise adversely affect our interests.

Cooperation: You agree to cooperate fully with us in defending any claim, including by providing relevant information, documents, and evidence, reasonable access to witnesses under your control, and reasonable assistance with any applicable insurance coverage.

Your obligations under this section survive the termination of these Terms, your account, or your use of the Site. This section does not apply to the extent a claim is caused solely by our own gross negligence, willful misconduct, or fraud, where such an exception is required by law.

16. Dispute Resolution: Binding Arbitration and Class Action Waiver

IMPORTANT: THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

A. Agreement to arbitrate.

You and Don Gildo agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, your account, any purchase or product, or our relationship (each, a “Dispute”) will be resolved exclusively through binding individual arbitration, and not in court.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), which are available at www.adr.org or by calling 1-800-778-7879.

B. Exceptions.

Either party may bring an individual claim in small claims court if the claim qualifies and remains there. Either party may also seek injunctive or other equitable relief in court to stop the infringement of intellectual property rights or unauthorized use of the Site, without first going to arbitration.

C. Jury trial waiver.

YOU AND DON GILDO EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, AND INSTEAD AGREE THAT ALL DISPUTES WILL BE RESOLVED BY ARBITRATION.

D. Class action waiver.

YOU AND DON GILDO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, OR ANY PRIVATE ATTORNEY GENERAL ACTION.

UNLESS YOU AND DON GILDO AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) WILL BE SEVERED FROM ARBITRATION AND BROUGHT IN A COURT OF COMPETENT JURISDICTION UNDER SECTION 18. ALL OTHER CLAIMS WILL REMAIN IN ARBITRATION.

E. Location and procedure.

The arbitration will take place in the county where you live, in the Florida county where Kamar International LLC has its principal place of business, by video or telephone conference, or at another location we both agree on, in accordance with the AAA Rules.

The arbitrator will apply the substantive law of the State of Florida, without regard to its conflict of laws principles, and the Federal Arbitration Act, 9 U.S.C. §§ 1–16. The arbitrator’s decision will be final and binding on both parties, except for any right of appeal under the Federal Arbitration Act, and judgment on the award may be entered in any court of competent jurisdiction.

F. Costs.

Filing, administration, and arbitrator fees are governed by the AAA Rules. However, if your claim is for $10,000 or less, Don Gildo will pay all filing, administration, and arbitrator fees unless the arbitrator finds that your claim was frivolous or brought for an improper purpose. Each party is responsible for its own attorneys’, witness, and expert fees unless the arbitrator decides otherwise under applicable law.

G. Your right to opt out.

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER by sending us written notice within THIRTY (30) DAYS of the date you first accepted these Terms or first used the Site, whichever is earlier. Your notice must include your full name, the email address associated with your account, your mailing address, and a clear statement that you wish to opt out of the arbitration agreement. Please send your notice by email to support@dongildo.com with the subject line “Arbitration Opt-Out.”

If you opt out in time, this Section 16 will not apply to you, and any Dispute will be resolved under Section 18. Opting out does not affect any other part of these Terms.

H. Severability.

If any part of this Section 16 is found to be illegal, invalid, or unenforceable, the rest of this section and these Terms will remain in full force and effect, except as provided in Subsection D for the class action waiver.

I. Survival.

This Section 16 survives the termination of these Terms and of your relationship with Don Gildo.

17. Time Limit for Bringing Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, YOUR ACCOUNT, OR ANY PRODUCT OR SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

A claim arises when you knew, or reasonably should have known, of the facts giving rise to it. This time limit applies in any forum, whether arbitration, court, small claims court, or an administrative agency, and under any legal theory. Where the law does not permit a shortened limitation period, the shortest period allowed by law will apply.

18. Governing Law and Venue

A. Governing law.

These Terms, your relationship with Don Gildo, and any Dispute will be governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict of laws principles that would require the application of another jurisdiction’s laws. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms.

B. Exclusive venue.

For any Dispute that is not subject to arbitration under Section 16 (because you opted out, the Dispute is excluded from arbitration, or the arbitration agreement is found unenforceable), you agree that:

  • The state and federal courts located in the Florida county where Kamar International LLC has its principal place of business will have exclusive jurisdiction and venue;
  • You submit to the personal jurisdiction of those courts and consent to service of process in any manner permitted by Florida or federal law; and
  • You waive any objection to jurisdiction or venue in those courts, including any objection based on inconvenient forum (forum non conveniens).

C. Your consumer rights.

Nothing in this section deprives you of any mandatory consumer protection rights under the laws of your state of residence that cannot be waived by contract.

19. Force Majeure

Don Gildo is not liable for any failure or delay in performing its obligations under these Terms caused by events beyond our reasonable control (each, a “Force Majeure Event”), including:

  • Natural disasters, hurricanes, tornadoes, earthquakes, floods, fires, severe storms, and other extreme weather;
  • War, hostilities, terrorism, sabotage, civil unrest, or insurrection;
  • Pandemics, epidemics, quarantines, and public health emergencies;
  • Government actions, laws, orders, embargoes, sanctions, and import or export restrictions;
  • Strikes, labor shortages, and other labor disputes;
  • Failures or outages of utilities, power, telecommunications, internet, or hosting services;
  • Failures, delays, or closures affecting carriers, shipping services, customs, ports, or airports;
  • Shortages or interruptions in the supply of raw materials, products, or components;
  • Cyberattacks, hacking, security breaches, malware, or denial-of-service attacks;
  • Failures of equipment, systems, software, or technology infrastructure;
  • Acts or omissions of third parties, including service providers, vendors, carriers, and payment processors; and
  • Any other cause reasonably beyond our control.

During a Force Majeure Event, our affected obligations are suspended, and we are not liable for any resulting penalty, damage, cost, or loss. Where reasonably possible, we will make commercially reasonable efforts to notify you and minimize the impact. If a Force Majeure Event continues for more than thirty (30) days, either party may cancel any affected pending order without liability, except for payment for products already delivered.

20. Errors, Inaccuracies, and Omissions

Despite our best efforts, the Site may occasionally contain typographical errors, inaccuracies, omissions, or outdated information about:

  • Product prices and shipping costs;
  • Product descriptions, specifications, and features;
  • Product availability and inventory;
  • Images and other visual representations;
  • Promotions, discounts, and special offers; and
  • Any other content on the Site.

We reserve the right to correct any error, inaccuracy, or omission, and to change or update information, prices, and availability, at any time without notice. We may also refuse or cancel orders based on incorrect information and limit purchase quantities when we identify pricing or availability errors.

We have no obligation to update or clarify information on the Site except as required by law, and no update date shown on the Site means that all information has been updated. Please verify the information that matters to you before making a purchase. We are not responsible for any loss or inconvenience caused by reliance on incorrect or outdated information on the Site.

21. Changes to These Terms

We may revise, update, or replace any part of these Terms (or any incorporated policy) at any time, at our discretion. When we do:

  • We will update the “Last updated” date at the top of this page;
  • Where required by law, we will provide additional notice of material changes, for example by email, a prominent notice on the Site, or a pop-up message; and
  • The revised Terms take effect as soon as they are posted, unless we specify a later effective date.

By continuing to use the Site, access your account, or place orders after revised Terms take effect, you accept the revised Terms. If you do not agree to a change, your only remedy is to stop using the Site and close your account, if you have one. Transactions and disputes that occurred before a change remain subject to the Terms in effect at that time.

Please review these Terms periodically to stay informed of any updates.

22. Severability

If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid, or unenforceable in any jurisdiction:

  • That provision will be limited or removed only to the minimum extent necessary to comply with the law;
  • The remaining provisions will stay in full force and effect;
  • To the extent possible, the invalid provision will be replaced with a valid one that most closely reflects its original intent and economic effect; and
  • Its invalidity in one jurisdiction will not affect its validity or enforceability in any other jurisdiction.

23. Entire Agreement

These Terms, together with our Privacy Policy, Refund and Returns Policy, Shipping Policy, Cookie Policy, and any other policies, notices, or disclaimers posted on the Site or provided to you in writing, are the entire agreement between you and Don Gildo regarding the Site, our products, and our services. They supersede all prior or contemporaneous agreements, understandings, negotiations, representations, and communications, whether written or oral, on the same subject.

You acknowledge that you have not relied on any statement, representation, or promise by Don Gildo that is not expressly set out in these Terms.

24. No Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision, and a waiver of any term on one occasion is not a continuing waiver of that term or a waiver of any other term. A waiver is effective only if it is in writing and signed by an authorized representative of Don Gildo.

25. Assignment

You may not assign, transfer, delegate, or sublicense these Terms, your account, or any of your rights or obligations under them, whether voluntarily, by operation of law, or otherwise, without our prior written consent. Any attempted assignment in violation of this section is void.

We may freely assign, transfer, delegate, or sublicense these Terms, your account, or any of our rights or obligations under them, in whole or in part, without your consent or prior notice, including in connection with:

  • A merger, acquisition, consolidation, or corporate reorganization;
  • The sale of all or substantially all of our assets or equity;
  • A financing, refinancing, or securitization; or
  • A transfer to an affiliate, subsidiary, related entity, or successor in interest.

These Terms are binding on, and benefit, the parties and their respective successors and permitted assigns.

26. Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Don Gildo. You have no authority to create any obligation on behalf of Don Gildo or to bind Don Gildo in any way.

27. Termination and Suspension

Without limiting any other provision of these Terms, we may, at our sole discretion and without notice or liability:

  • Terminate, suspend, restrict, or limit your access to the Site or your account;
  • Close your account temporarily or permanently;
  • Refuse or cancel any pending or future order;
  • Deny access to any feature, service, or area of the Site;
  • Remove or disable any content you have posted; or
  • Prohibit you from using the Site in the future.

We may take these actions at any time, for any reason or no reason, including:

  • An actual or suspected violation of these Terms or any of our policies;
  • Fraudulent, illegal, abusive, or suspicious conduct;
  • A request from law enforcement or to comply with applicable law;
  • The discontinuation or modification of the Site or any service;
  • Technical or security issues;
  • Extended account inactivity; or
  • The protection of our legitimate business interests.

When your account or access is terminated, all rights and licenses granted to you end immediately, and you must stop using the Site. We may, but are not required to, delete or deactivate your account, content, and data, and we will not be liable to you or any third party for the termination. Provisions that by their nature should survive termination will remain in effect, as described in Section 28.

28. Survival

The following sections, and any other provisions that by their nature should survive, will remain in full force and effect after these Terms, your account, or your use of the Site ends:

  • Section 11 (Intellectual Property);
  • Section 13 (Disclaimer of Warranties);
  • Section 14 (Limitation of Liability);
  • Section 15 (Indemnification);
  • Section 16 (Dispute Resolution: Binding Arbitration and Class Action Waiver);
  • Section 17 (Time Limit for Bringing Claims);
  • Section 18 (Governing Law and Venue);
  • Section 22 (Severability); and
  • Section 23 (Entire Agreement).

29. Contact Us

If you have any questions about these Terms, the Site, your account, or our products, or if you need to send us a legal notice, please contact us:

Kamar International LLC

Email: support@dongildo.com

Website: www.dongildo.com