This page contains the General Terms and Conditions (hereinafter referred to as “Terms”) governing the use of this website and the contract that binds you and Don Baez, hereinafter DB. These Terms set out the rights and obligations of all users as well as DBs’ with regard to the products and services offered on this website.
These conditions could be modified, so you should read them before placing an order.
In case you have any question you can contact us via e-mail or phone call. You can find this contact information listed on this website.
2. USE OF OUR WEB SITE
These Terms are the only conditions applicable to the use of this website. These Terms are important for both you and DB, they protect your rights as a customer and our rights as a vendor.
By using this website you declare that you have read and fully accept without exceptions the present conditions.
A).- You can only use the website to make legally valid orders.
B).- You cannot make any speculative, false or fraudulent orders. If there are reasonable grounds to believe that an order of this nature has been placed, I will be authorized to cancel it.
D).- If you do not provide us all the information we need, we will not be able to process you order.
Following are a number of minimum technical requirements that you will have to comply with to access and hire our services.
You must have a computer system with a device connected to the network via modem, cable, ADSL or any similar system, after hiring a service access and connection to it, it should allow you to surf the Internet.
We establish the security measures in accordance with commonly accepted industry standards to ensure the safety of access to information managed through the Web. However, we cannot guarantee this safety when you connect through computer systems that are not under your exclusive control, as shown by the use of computers in Internet cafes, universities, hotels, etc.
By placing an order through this website, you warrant that you are over 18 and have legal capacity to enter binding contracts. It is possible to hire our services on behalf of a third party, as long as you have been legally authorized to act in such a way.
3. SERVICE AVAILABILITY
The items offered through this website will be available for all countries that have trade agreements with the República Oriental del Uruguay. Prices are subject to change due to tariffs, taxes, duties or other charges applicable to imports into the destination country.
4. HOW THE CONTRACT IS FORMALIZED
This information and the details contained in this website does not constitute an offer for sale but an invitation to make business. There will be no contract between you and us regarding any product purchase until your order has been accepted by us. If your offer is not accepted and you have already made a payment on your account, the amount thereof will be refunded in full.
To place an order, you must follow the online purchasing procedure and click “Authorize payment”. After this, you will receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). Note that this does not mean that your order has been accepted, since it constitutes an offer you make us to buy one or more products. All orders are subject to acceptance by us and we will confirm such acceptance by sending an e-mail in which we confirm that the order is being shipped (the “Order Confirmation”). The contract for the purchase of a product between us will only be formed when we send the “Order Confirmation”.
Only the products listed in the “Order Confirmation” will be subject to the contract. We are not obligated to provide you with any other product that might have been ordered until we accept the order by sending an independent “Order Confirmation”.
DB will file the electronic document in which the purchase agreement is formalized after the end of the whole process and we have confirmed the shipping of the products.
5. PRODUCT AVAILABILITY
All product orders are subject to the availability of the requested item in stock, in this sense, should any difficulty occur, or if no longer in stock, we will refund any amount that could have paid.
6. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any products from this website at any time and / or to remove or modify any material or content.
Although we will try to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after having sent the “Order Confirmation”, and we reserve the right to do so at any time, at our sole discretion.
We will not be liable to you or to any third party for the withdrawal of any product from this website, regardless of whether the product has been sold or not, removing or modifying any material or content of the website or for refusing to process an order once we have sent you the “Order Confirmation”.
Notwithstanding the provisions of Clause 5 above, and unless extraordinary circumstances, we will try to send the products listed on the “Order Confirmation” before the estimated delivery date detailed in the “Order Confirmation” or, if no delivery date is not specified, within 15 days from the date of the “shipment Confirmation”.
The delay may be due to the following reasons:
• Special items
• Unforeseen circumstances
If for some reason we cannot meet the delivery date, we will inform you of this fact and give you the option to proceed with the purchase establishing a new delivery date or cancel the order with full refund of the price paid.
Bear in mindthat all shipments will be from Monday to Friday. No deliveries will be made during holidays.
For the purposes of these Conditions, it is understood that delivery has occurred or that the products have been delivered at the time of signing the receipt at the agreed delivery address.
8. TRANSFER OF OWNERSHIP AND RISK
Any risk associated with the purchased products will be your own as soon as they are delivered to you.
You will acquire the ownership of the products when we receive full payment of all amounts due, including delivery charges; or upon delivery (as defined in clause 8), whichever takes place at a later time.
9. PRICE AND PAYMENT
All prices stated in our website are in US dollars (United States Dollars) and expressed the symbol “$”.
The price of the products will be stipulated at all times on our website, except in cases of obvious error. Although we try to ensure that all prices listed on the website are accurate, errors may occur. If we discover an error in the price of the products you’ve ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be canceled and you will receive a full refund of what would have been paid.
We are not required to supply the products to incorrect lower price (even though you we have sent the “Order Confirmation”) if the pricing error is obvious and unmistakable and could be recognized reasonably by you as incorrect price.
Web site prices include shipping costs, but do not include customs duties and charges of any nature imposed under the laws of the Country or State of destination.
Prices may change at any time, but, except as stated above, the changes will not affect orders of which you have already sent an “Order Confirmation”.
Once you have made your purchases, all items you wish to purchase are added to “YOUR SHOPPING CART” and the next step will be to process the order and make payment.
To do so:
1. Click on the “YOUR SHOPPING CART” button at the top of the page.
2. Click “View Shopping Cart”.
3. Click “PROCESS PURCHASE”.
4. Fill in or check the contact information, the details of your order, the address to which you want the order to be sent, and your billing address.
5. Enter the details of your credit card.
6. Click “Authorize payment”.
You can make payment via PayPal or by bank transfer within an institution or representatives accredited to the Oriental Republic of Uruguay. To minimize the risk of unauthorized access, your personal data will be encrypted.
10. LIABILITY AND DISCLAIMERS
Our liability with regards to any product purchased on our website is strictly limited to the purchase price of the item. Nothing in these Terms shall exclude or limit in any way our liability for negligence or fraudulent misrepresentation.
Notwithstanding the provisions of the preceding paragraph and as long as permitted by law, and unless these Conditions indicate otherwise, we accept no liability for indirect consequential damage caused as a side effect of the loss or major damage occurring in any way, and whether caused by civil illicit (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to the following:
A. Loss of income or sales
B. Loss of business
C. Loss of profit or loss of contracts
D. Loss of anticipated savings
E. Loss of data
F. Loss management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained through this Web site unless it otherwise expressly indicated.
All product descriptions, information and materials contained in this Web site are provided in the state in which they are without express guarantee, implied or derived in any way. As long as it is allowed by law, we exclude all guarantees without prejudice to those that may not lawfully be excluded in front of consumers.
The provisions of this clause will not affect your rights under the law as a consumer, nor your right to cancel the Contract.
11. INTELLECTUAL PROPERTY
You acknowledge and accept that all copyright, trademark and other intellectual and industrial property rights in all material or content supplied as part of the Web site belong to us at all times or to our licensors for use. You can make use of that material in the way that you are expressly authorized by us or by our licensors, for your use only. This will not prevent you using this website to the extent necessary to copy the information about your order or Contract details.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send will be in writing. By using this website, you agree that most of our communications will be using electronic media. We will contact you by e-mail, or we will provide you with information by posting notices on this website.
You agree to use these electronic means of communication and you acknowledge that all contracts, notices, information and other communications we send to you electronically comply with legal requirements to be written effects. This condition does not affect your statutory rights.
Notifications that you send us should be given through our contact form. Under the provisions of the preceding clause, and unless stated otherwise, we may reply either through e-mail or to the postal address provided by you when placing an order.
It is understood that the notifications have been received and have been successfully made as soon as they are posted on our website and 24 hours after sending an e-mail. To prove that the notification has been made, it is sufficient to prove, in the case of a letter, that it had the right address, that it was properly sealed and that it was properly sent to the post office or left in a mailbox. In the case of an e- mail, that it was sent to the e-mail or mobile phone specified by the receiver.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding for both you and us, and our respective successors and assigns.
You may not transfer, assign, encumber or otherwise transfer a Contract or any rights or obligations derived from it in your favor or for you, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise transfer a Contract or any rights or obligations derived from it to us or for us, at any time during the term of the Contract.
To avoid any question, such transmissions, assignments, liens or other transfers will not affect the rights that you have as a consumer recognized by law,nor cancel, reduce or limit in any way the warranties, express or implied, that we could have granted to you.
15. EVENTS BEYOND OUR CONTROL
We will not be responsible for any failure or delay in fulfilling any of our obligations under a Contract that cause events outside our reasonable control (Force Majeure Event) is due.
Force Majeure events include any act, event, lack of exercise, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
A. Strikes, lockouts or other industrial action.
B. Civil commotion, riot, invasion, terrorist attack or terrorist threat.
C. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
D. Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
E. Inability to use public or private telecommunications networks.
F. Acts, decrees, legislation, regulations or restrictions of the República Oriental del Uruguay or the country of destination.
It is understood that our compliance obligation under any Contract will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the deadline to fulfill our obligation during such a period.
We will make all reasonable attempts to bring the Force Majeure to an end or to find a solution through which we can fulfill our obligations under the Contract despite the Force Majeure.
If during the term of a contract we stop insisting in the strict fulfillment of any of its obligations, or if we stop exercising any of the rights that we were entitled to exercise due to such contract agreement or these conditions, this fact shall not constitute a waiver of such rights or obligations so it will not relieve you from compliance with such obligations.
Waivers we may apply to the fulfillment of contracts shall not constitute a waiver by us of any subsequent ones.
No waiver by us of any of these conditions shall become effective, unless expressly stipulated to be a waiver and be communicated to you in writing in accordance with the paragraph on Notices above.
If any of these Conditions or any provision of a contract shall be invalid, illegal or unenforceable in some measure by the competent authority, they will be separated from the remaining terms and all other provisions shall remain valid as long as they are permitted by law.
18. CONTRACT INTEGRITY
These Terms and any document expressly referred to in them represent the entire agreement between you and us relating to the subject matter, and supersede any prior agreement, agreement, or promise agreed between you and us verbally or in written.
Both you and we recognize agreeing to enter into this Agreement without having relied on any statement or promise made by the other party or which may be inferred from any statement or written in the negotiations between the two prior to this Agreement, except that contained expressly mentioned in these Terms.
Neither you nor we have any remedy in respect of any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless such untrue statement had made fraudulently) and the only recourse that provide for Moreover it is for breach of contract as provided in these Conditions.
19. TECHNICAL MEANS AVAILABLE TO YOU FOR IDENTIFICATION AND CORRECTION OF ERRORS IN THE INTRODUCTION OF PERSONAL DATA.
The confirmation screen shown after entering your personal data (USER) allows you to confirm the correctness of such data. On the assumption that after confirming this data you realize that it contains some errors, you should contact DB by sending an email to email@example.com to rectify the error and so that DB can send you the Order confirmation properly
20. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to revise and amend these Terms at any time.
21. APPLICABLE LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by the laws of the República Oriental del Uruguay.
Any dispute arising out of or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of the city of Montevideo –República Oriental del Uruguay.
If you are contracting as a consumer, nothing in this clause shall affect the rights that recognize you as such by the law.
22. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. We beg you to send us feedback and comments through our contact form.