Terms of Service

Effective Date : [TO BE FILLED ON LAUNCH DAY — YYYY-MM-DD] Last updated : [TO BE FILLED ON LAUNCH DAY — YYYY-MM-DD]

These Terms of Service (the "Terms") form a binding agreement between you ("you", "your", or the "Customer") and UNISHOP LLC, a New Mexico Limited Liability Company doing business as GIGI FRANCE ("UNISHOP", "we", "us", or "our"), located at 102 Gold Ave SW #399, Albuquerque, NM 87102. The Terms govern your use of the website gigifrance.com (the "Site") and your purchase of any product offered on the Site.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING INDIVIDUAL ARBITRATION CLAUSE AND A CLASS ACTION WAIVER (SECTION 18) THAT AFFECT YOUR LEGAL RIGHTS.

By using the Site or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Acceptance and capacity

You must be at least 18 years of age and legally capable of entering into a binding contract to use the Site or place an order. By using the Site, you represent that you meet these requirements.

These Terms supersede any prior agreement between you and UNISHOP regarding the subject matter herein.

2. Definitions

"Customer" : any person who places an order on the Site.
"Order" : an order placed by a Customer on the Site for one or more Products.
"Pre-Order" : an Order placed before the corresponding Product is in stock, with a stated estimated shipment date.
"Product" : any item listed for sale on the Site (currently: pools, covers, ladder).
"Site" : the website hosted at https://gigifrance.com.
"Manufacturer Warranty" : the 2-year limited manufacturer warranty described in Section 11.

3. The Site and the Products

The Site sells inflatable drop-stitch above-ground pools and related accessories under the GIGI FRANCE® brand. Product specifications, dimensions, water volumes, and feature lists displayed on the Site are accurate to the best of our knowledge based on manufacturer data. Minor variations of color, finish, and dimension may occur due to manufacturing tolerances.

We reserve the right to modify, suspend, or discontinue any Product or feature at any time without prior notice, subject to our obligations under existing Orders.

4. Account creation

The Site does not currently offer customer accounts. All purchases are made as guest checkouts. Order confirmations and order tracking are sent by email.

An administrative account exists for internal use by UNISHOP staff. It is not available to Customers.

5. Orders and pricing

5.1 Order placement

To place an Order, you select one or more Products, proceed to checkout, provide shipping and contact information, and complete payment via Stripe Checkout. Your Order is confirmed only upon receipt of an order confirmation email from us.

We reserve the right to refuse or cancel any Order at our sole discretion, including (but not limited to) cases of suspected fraud, inaccurate billing information, or product unavailability. If we cancel an Order after payment, we will issue a full refund within 10 business days.

5.2 Prices

All prices are listed in U.S. dollars (USD) and are exclusive of applicable sales tax and shipping fees, which are calculated and displayed at checkout.

Prices may change at any time. The price applicable to your Order is the price displayed on the Site at the time of order placement.

5.3 Sales tax

Sales tax is calculated automatically by Stripe Tax based on the shipping address you provide. We collect and remit sales tax in U.S. states where UNISHOP LLC has economic nexus, as defined by applicable state law. The applicable rate is shown at checkout.

5.4 Payment

Payments are processed by Stripe, Inc. (PCI-DSS Level 1 compliant). We do not store credit card numbers, CVV, or full bank details on our servers. By placing an Order, you authorize Stripe to charge the payment method you provide for the total amount of the Order, including sales tax and shipping.

We accept major credit and debit cards (Visa, MasterCard, American Express, Discover) as well as Apple Pay and Google Pay where available.

5.5 Currency

All transactions are in U.S. dollars. We do not offer multi-currency pricing on the Site.

6. Pre-Order Policy (V1 launch)

At the time of the V1 launch of the Site, all Products are sold as Pre-Orders. The following terms apply specifically to Pre-Orders.

6.1 Immediate charge

When you place a Pre-Order, your payment method is charged immediately. This is the same approach used by established direct-to-consumer brands such as Apple, Tesla, and Allbirds for pre-launch products. This method is supported natively by Stripe.

6.2 Estimated shipment date

Each Pre-Order Product displays an "Ships by [DATE]" notice prominently on the product page, on the cart page, on the checkout page, and on the order confirmation email. This date represents our best estimate of when the Product will ship from our U.S. fulfillment center. The shipment date is not a guaranteed delivery date.

6.3 Right to cancel a Pre-Order at any time before shipment

You may cancel any Pre-Order at any time before the Product has shipped and receive a full refund (100% of the amount charged, including sales tax). To cancel, send an email to contact@gigifrance.com with the subject "Cancel Pre-Order [your order ID]". We will process the refund within 5–10 business days.

6.4 Shipment delays

If the estimated shipment date is delayed by more than 15 calendar days, we will:

Send you an email notifying you of the delay and providing an updated estimated shipment date.
Offer you the option to cancel your Pre-Order and receive a full refund, with no questions asked.

If the estimated shipment date is delayed by more than 30 calendar days without our notification, you have an unconditional right to cancel and receive a full refund.

This policy is provided in addition to your rights under applicable consumer protection laws, including the Federal Trade Commission's "30-Day Rule" (16 CFR Part 435) on mail-order merchandise.

6.5 Transition from Pre-Order to In Stock

Once a Product is in stock and ready for shipment, the Site will display an "In Stock" status and shipping will occur within standard timeframes (Section 7).

7. Shipping

7.1 Shipping area

We ship exclusively within the continental United States (lower 48 states). We do not currently ship to Alaska, Hawaii, U.S. territories, P.O. boxes, APO/FPO addresses, or any international destination.

7.2 Shipping carrier and timeline

Orders are fulfilled by Amazon Multi-Channel Fulfillment (MCF) from Amazon's network of U.S. fulfillment centers. Standard shipping takes 2–7 business days from the date of shipment to the delivery address, depending on the carrier (UPS, USPS, FedEx) and the destination ZIP code.

7.3 Shipping fees

Shipping fees, if applicable, are displayed at checkout. Where shipping is offered free of charge, this is clearly stated on the product page.

7.4 Risk of loss and title

Title and risk of loss for the Products transfer to you upon delivery to the carrier at the fulfillment center.

7.5 Address accuracy

You are responsible for providing an accurate and complete shipping address. If a Product is returned to us due to an incorrect or undeliverable address, you will be responsible for any re-shipment cost. If you choose to cancel rather than re-ship, a re-shipping handling fee of $25 plus the original shipping cost (if applicable) will be deducted from your refund.

8. Returns Policy

A summary of the returns policy is provided here. The full policy is in the Refund Policy.

8.1 30-day return window

You may return an eligible Product within 30 calendar days of delivery, provided the Product is:

In its original condition (unused, undamaged)
In its original packaging (or equivalent protective packaging)
Returned with all original components (filter, pump, hardware, manual)

8.2 Restocking fee

Because GIGI Products are large, heavy items (pools and covers each weigh in excess of 60 lbs and require palletized return shipping in many cases), a restocking fee of 15% of the Product price will be deducted from the refund for pools and covers. The ladder (lower volume, low restocking handling burden) is returnable with no restocking fee.

This fee covers inspection, cleaning, repackaging, and re-listing costs.

8.3 Return shipping cost

The Customer is responsible for return shipping costs. We can provide a return shipping label on request at our discounted rate, which will be deducted from the refund.

8.4 Non-returnable items

Used Products that have been inflated, filled with water, or installed are not returnable except under the Manufacturer Warranty (Section 11).

8.5 Defective Products

If a Product is defective upon delivery (e.g., manufacturing defect, missing parts, damage during transit), do not install or use the Product. Contact us within 7 days of delivery at contact@gigifrance.com with photos and a description. We will resolve the issue at no cost to you (replacement, refund, or repair), and no restocking fee or return shipping cost will apply.

9. Cancellation of in-stock orders

For orders placed when a Product is "In Stock" (not Pre-Order), you may cancel:

Before shipment — full refund, no fee.
After shipment — the order falls under the standard Returns Policy (Section 8).

10. Refunds

Refunds are processed back to the original payment method via Stripe. Processing typically takes 5–10 business days from the date we initiate the refund. Your card issuer may take additional time to post the refund to your statement.

Sales tax is fully refunded together with the refunded amount.

Refunds for shipping fees (if charged) are issued only when the cancellation occurs before shipment, or when the Product is defective.

11. Manufacturer Warranty (2 years)

11.1 Coverage

GIGI Products are covered by a 2-year limited Manufacturer Warranty from the date of delivery. The warranty covers defects in materials and workmanship under normal residential use.

The warranty covers:

Seam failures, drop-stitch material defects
Valve and air-pump component defects
Sand filter unit defects (motor, housing)
Ladder structural defects

11.2 Exclusions

The warranty does not cover:

Normal wear and tear (UV fading, minor cosmetic abrasions from typical use)
Damage from misuse, abuse, accident, vandalism, or modification
Damage from over-inflation beyond manufacturer specifications
Damage from chemical imbalance, including but not limited to inappropriate chlorine, pH, or salt concentrations
Damage from sharp objects, animals, or external puncture
Damage from weather events outside reasonable expectations (severe storm, hail, wildfire)
Damage from commercial use (rental, public access)
Damage from improper transport or storage by the Customer
Loss or theft

11.3 Warranty claim process

To file a warranty claim:

Email contact@gigifrance.com within the warranty period
Provide your order ID, photos of the defect, and a description
We will respond within 5 business days with a decision and next steps
Approved claims result in repair (where feasible), replacement of the defective component or full Product, or refund at our discretion

11.4 Implied warranties — limitation

To the maximum extent permitted by applicable law, all implied warranties (including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose) are limited to the duration of the express 2-year Manufacturer Warranty. Some states do not allow limitations on how long an implied warranty lasts, so the limitation above may not apply to you.

12. Intellectual property

12.1 Our trademarks and content

GIGI FRANCE® is a trademark of UNISHOP LLC, registered with the United States Patent and Trademark Office. All content on the Site (text, images, logos, designs, code, photographs, product descriptions, illustrations) is the exclusive property of UNISHOP LLC or its licensors and is protected by U.S. copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, publish, transmit, display, or create derivative works of any content on the Site without our prior written consent, except:

For personal, non-commercial use of product information to make a purchase decision
For fair use under U.S. copyright law (commentary, criticism, journalism, education)

12.2 Third-party trademarks

References to third-party brands or products on the Site (including, where applicable, comparative references to competing pool products) are made for purposes of factual comparison and are nominative use. Such references do not imply endorsement, sponsorship, or affiliation. All third-party trademarks belong to their respective owners.

12.3 Customer feedback

If you provide feedback, suggestions, or ideas about the Site or our Products, you grant us a perpetual, royalty-free, worldwide license to use that feedback without restriction.

13. User conduct

You agree not to use the Site to:

Engage in fraudulent activity (false orders, chargeback abuse, etc.)
Violate any law, regulation, or third party's rights
Attempt to gain unauthorized access to the admin interface or any part of the Site's infrastructure
Use any automated means (bot, scraper, crawler) to access the Site except for legitimate indexing by search engines and AI assistants in compliance with our robots.txt and llms.txt
Transmit malware, viruses, or other harmful code
Impersonate any person or entity, or misrepresent your identity

Violation of this section may result in immediate cancellation of your Order(s) and potential legal action.

14. Disclaimers and "AS IS"

EXCEPT FOR THE EXPRESS MANUFACTURER WARRANTY IN SECTION 11, THE SITE, THE PRODUCTS, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free from harmful components. We do not warrant the accuracy of third-party content displayed on the Site.

Pool ownership involves inherent risks (drowning, slips, water-related injuries). You are responsible for ensuring proper installation, maintenance, supervision (especially of children), and adherence to applicable local safety regulations (fencing, signage, building permits where required). UNISHOP LLC does not provide installation services and is not responsible for installation outcomes.

Some states do not allow disclaimers of certain warranties, so portions of this section may not apply to you.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

UNISHOP LLC, ITS OWNERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF USE, BODILY INJURY ARISING FROM IMPROPER INSTALLATION OR USE, OR EMOTIONAL DISTRESS) ARISING OUT OF OR RELATING TO THE SITE OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT — REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) — SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO US FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so portions of this section may not apply to you.

NOTHING IN THESE TERMS LIMITS LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, (B) FRAUD, OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless UNISHOP LLC, its officers, employees, agents, contractors, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your violation of applicable law
Your misuse of any Product, including improper installation or maintenance
Your infringement of any third-party right

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense.

17. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Site shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict-of-laws principles.

Subject to the binding arbitration provision in Section 18, the exclusive venue for any action not subject to arbitration shall be the state or federal courts located in Bernalillo County, New Mexico, and you consent to personal jurisdiction therein.

18. Binding Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION AND TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

18.1 Agreement to arbitrate

You and UNISHOP LLC agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms, (b) the Site, (c) any Product, or (d) the relationship between us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved by binding individual arbitration rather than in court, except as set forth below.

18.2 Arbitration rules and administrator

The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time of filing, available at https://www.adr.org. The arbitration shall be conducted by a single neutral arbitrator. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

18.3 Location and process

Unless you and UNISHOP otherwise agree, the arbitration will be conducted in New Mexico, by telephone, or by written submission, at your election if you are an individual consumer. For consumer claims under $10,000, AAA rules permit the arbitration to be conducted on documents only.

18.4 Pre-arbitration informal dispute resolution

Before initiating arbitration, you must first send a written Notice of Dispute to contact@gigifrance.com or by mail to UNISHOP LLC, 102 Gold Ave SW #399, Albuquerque, NM 87102. The Notice must include your name, address, a description of the dispute, and the relief sought. We will attempt in good faith to resolve the dispute informally for 60 days before either party initiates arbitration.

18.5 Costs

Filing fees and arbitrator fees are governed by the AAA Consumer Arbitration Rules. UNISHOP will pay the costs that the AAA Rules require us to pay. If you can demonstrate financial hardship, we will pay your reasonable share of arbitration filing and administrative fees.

18.6 Exceptions

This Section 18 does not require arbitration of:

Small claims court actions brought on an individual (non-class) basis
Claims for injunctive relief to protect intellectual property rights
Disputes that cannot lawfully be subject to mandatory arbitration

18.7 Class action waiver

ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. You and UNISHOP each waive any right to participate in a class action, collective action, mass action, or representative proceeding of any kind. The arbitrator shall not have authority to consolidate or join any claim with the claim of any other person or entity, or to award relief beyond the named individual.

If the class action waiver is found unenforceable in a particular case, then the entirety of this Section 18 (the Arbitration Agreement) shall be null and void as to that particular case, and the dispute shall be resolved in court pursuant to Section 17 (Governing Law and Venue).

18.8 30-day opt-out right

You have the right to opt out of this Arbitration Agreement within 30 days of your first Order. To opt out, send a written notice to contact@gigifrance.com with the subject "Opt-Out of Arbitration", including your name, address, and order ID. Opting out does not affect any other provision of these Terms.

18.9 Federal Arbitration Act

This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction in interstate commerce.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect. If the class action waiver in Section 18.7 is held unenforceable as to a particular claim, see the procedure in Section 18.7.

20. Entire agreement

These Terms, together with the Privacy Policy, the Refund Policy, and the Cookie Policy, constitute the entire agreement between you and UNISHOP LLC regarding the Site and any Order. They supersede any prior or contemporaneous agreement, communication, or understanding.

21. Force majeure

UNISHOP shall not be liable for any failure or delay in performing under these Terms when caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemic, civil unrest, government action (including tariff, export, or import controls), labor disputes, supplier failures, manufacturing delays in China, port congestion, customs delays, transportation failures, or significant changes in trade policy (such as substantial Section 301 tariff increases). In such cases, we will notify affected Customers and offer the option to cancel for a full refund.

22. Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. UNISHOP may assign its rights and obligations under these Terms at any time without notice in connection with a merger, acquisition, or sale of assets.

23. Notices and communications

Notices to UNISHOP must be sent to contact@gigifrance.com or by mail to UNISHOP LLC, 102 Gold Ave SW #399, Albuquerque, NM 87102.

Notices to you will be sent to the email address you provided at the time of your Order, or by posting on the Site for general announcements.

24. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will:

Update the "Effective Date" and "Last updated" at the top of this page
Post the updated Terms at https://gigifrance.com/terms at least 14 days before the change takes effect
Notify Customers with active Pre-Orders by email

Continued use of the Site or any new Order placed after the effective date constitutes acceptance of the updated Terms. The version of the Terms applicable to an existing Order is the version in effect at the time of order placement.