These Terms and Conditions govern your use of www.constanzaoquendo.com (The “Website); by using this website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of them, you must not use this Website. You must be of legal ager to use the Website. By using the Website (and by agreeing to These Terms and Conditions) you warrant and represent that you are of legal age to form a binding contract with CONSTANZA OQUENDO and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The property of this Website and its domain www.constanzaoquendo.com, is Constanza Oquendo Parilli hereinafter referred to as "CONSTANZA OQUENDO".
2. Ownership of company information
This website contains designs, logos, trademarks and other elements exclusively owned by CONSTANZA OQUENDO, or third party licensors. The user acknowledges such ownership and understands that he does not acquire any rights over them, nor can he modify or make use of them. Trademarks may not be used by any third party without the express written consent of CONSTANZA OQUENDO. Likewise, the user is not authorized to use, on any other website, the trademarks of CONSTANZA OQUENDO as links without his prior written consent, nor to copy, distribute, publish or transmit, in any way, the content incorporated in the site Web by CONSTANZA OQUENDO.
3. Information collected
The nature of the information that CONSTANZA OQUENDO collects may be personal (eg name, address, date of birth, sex, email address, etc.). In order to use this information, CONSTANZA OQUENDO will request authorization from the owner of the same, stating the purposes for which it will be used (eg. participation in competitions, promotions and / or other activities, etc.).
4. User Information
CONSTANZA OQUENDO will use the information collected for the sending of promotions or other activities, preparation of statistics or other functions of the website or the provision of services through it. Such data will also be used to send information through e-mail and / or SMS messages about offers, products or references that may be interesting. However, for the sending of such information, CONSTANZA OQUENDO will obtain the prior authorization of the user. This information will be used for statistical analysis of visits to the website, to study the interests of users both globally and individually, and to be able to specify and improve our offer.
CONSTANZA OQUENDO constantly strives to ensure the security, integrity and privacy of all personal information sent to its website by constantly reviewing and updating its security measures CONSTANZA OQUENDO will endeavor to take all reasonable steps to protect all personal information transmitted. CONSTANZA OQUENDO, its employees and contractors who provide services related to information systems are obliged to respect the confidentiality of any personal information held by CONSTANZA OQUENDO. However, CONSTANZA OQUENDO is not responsible for events arising from unauthorized access to your personal information.
6. USER REGISTRATION AND WEBSITE ACCESS
CONSTANZA OQUENDO reserves the right to use the Personally Identifiable Information collected, to the extent that such use complies with applicable law and: (i) for the specific purpose for which it was provided; (ii) as indicated at the time that the information was provided; and / or (iii) as described as follows: (a) To process and fulfill the order, including to send the user emails to confirm the order status and shipment, and to process merchandise returns; (b)To permit you to create an online wish list; (c) To help CONSTANZA OQUENDO learn about the user´s shopping preferences and purchasing history; (d) For internal purposes, such as to analyze trends and statistics; (e) To protect the security or integrity of the Website and CONSTANZA OQUENDO’ S business; (f) To contact the user if necessary regarding your transactions, user account, changes to our Terms, Policies, and/or for other administrative purposes
Finally, CONSTANZA OQUENDO may disclose Personally Identifiable Information in order to: (i) comply with applicable laws; (ii) respond to inquiries or requests from government; (iii) comply with valid legal process; and (iv) protect the rights or property or other Users.
7. Intellectual Property
8. Exclution Liability
The use of the Website by the User is at their own risk. All information contained in this Website is provided "as is" and "as available" basis, without representations or warranties, either express or implied. The User should not assume that the information in this Website is constantly updated and that it includes current information.
This Website may stop working, be interrupted or operate improperly on occasionally basis. CONSTANZA OQUENDO has no responsibility for such termination of operation, interruption or malfunctions. Users are warned that the information contained herein may contain technical errors, inaccuracies, bugs, unknown viruses and omissions. The User assumes all risks associated with the use of the Website, and agree that the CONSTANZA OQUENDO disclaims all warranties related to the use of the same by the User.
9. Limited liability and indemnity
CONSTANZA OQUENDO, along with its directors, shareholders, staff, employees and agents ("Released Parties") shall not be responsible or be subject to legal action, renouncing the User to any and all claims or legal actions in relation of direct, indirect, incidental, consequential, extraordinary or special damages, whatever their nature was, regarding the Website (including the contents of the Released Parties). The sole remedy of the User against such claims is to end the use of the Website.
10. Link to other websites
The Website can provide links to third-party websites. These linked sites are not under the control of CONSTANZA OQUENDO. Before disclosing your personal information on any other website, CONSTANZA OQUENDO suggests you to review the terms and conditions of use of said website and its privacy statement.
The user must not link the Website to any other websites without the written consent of CONSTANZA OQUENDO.
A Cookie is a small amount of information that the website transfers to the user's computer for identification purposes to collect information about the visits and thus improve our website. Cookies, among others, can be used to verify the activity of the user in our Web and facilitate us a study of the preferences of the users. To disable all cookies, the user must modify the settings of his browser. However, when you have set your computer to reject cookies, this may limit the functionality of the website and you may not be able to access some functions of the website.
12. Pursache Prices
The applicable prices are those indicated on the Website at the time of the order. Prices are displayed in detail including VAT (Value Added Tax) and any other taxes that may apply. The costs of shipment and handling will be indicated at the time the order has been placed. CONSTANZA OQUENDO has the right to make, at any time and without notice, any modifications it deems appropriate and can update, even daily, items and the prices and shipping and handling costs. When purchasing any products through the Website, the user agrees to be bound by the sale terms included in the product or services description, this Terms and any other policies posted on the Website. In order to make a purchase, you must complete registration of an account through the Website as indicated herein.
13. Payment Methods
All purchases are done exclusively through PayPal© system and by credit card. The user must immediately notify CONSTANZA OQUENDO, of any improper or fraudulent charge(s) to the card used to perform said purchases, by email to email@example.com, so CONSTANZA OQUENDO can take the necessary steps to correct such situation. CONSTANZA OQUENDO, is not responsible for the implementation of antifraud measures involving the rejection of certain types of operations.
Purchases will only be valid once they have been processed and verified that the requested item is available in the inventory. Once CONSTANZA OQUENDO have verified the payment, it will proceed to accept or reject the order, in whole or in part, at its sole discretion. In the case of rejection, or partial rejection, of the order, the purchase price for all rejected items will be refunded. To the extent accepted, CONSTANZA OQUENDO will carry out the steps to ship and deliver the merchandise purchased. All applicable taxes will be added to the order and payable by the user.
14. Shipping and handling of products
Shipping of all orders will be carried out through FedEx, DHL or similar courrier services. The shipping schedule is determined depending on the area where the user has requested to send the purchase; and the shipping company's shipping schedules. CONSTANZA OQUENDO is not responsible for the shipping company's delivery schedule. The products for each accepted order will be delivered to the address requested by the user in the order. Shipping terms and conditions may vary depending on the shipping company, however, it is understood that anyone who is at the address where the delivery should take place, is duly authorized by the user to receive the order, and therefore, the delivery to any person at the identified address shall be deemed valid and both CONSTANZA OQUENDO as well as the shipping company will have complied with the obligations upon delivery to any person at such address. CONSTANZA OQUENDO is not liable for the merchandise and is not obliged to be liable for the damages and total or partial loss of the product once it leaves Company's control and is delivered to the shipping company. Thereafter, CONSTANZA OQUENDO has no liability for the merchandise’s losses, damages, deterioration, theft or robbery. No purchased merchandise will be shipped on Saturdays or Sundays, or legal holidays.
CONSTANZA OQUENDO has the right at any time, to modify the terms of shipping and delivery companies or couriers used to ship the products within and outside the US.
15. Returns, exchanges and Resales
All purchases of merchandise are final, non-returnable and non-refundable. Returns and exchanges are permitted only in cases of mistakes in sizes, colors and models provided. Permitted returns and exchanges of full-price, non-sale merchandise is accepted provided that they are received within 14 day of purchase. Refunds will be issued in original form of payment. You must ship the products to CONSTANZA OQUENDO in their original packaging and condition. CONSTANZA OQUENDO will cannot accept returns or exchanges that are not in the original “new” condition and packaging complete with all instructions and contents of original packaging. No refunds will be given for any items that have been worn or used. For the complete returns and exchange instructions and information, please email at firstname.lastname@example.org.
Th user agrees not to resell any items purchased through or using the Website under any circumstance. These types of activities will be investigated by CONSTANZA OQUENDO, which takes the protection and enforcement of unauthorized distribution of its products seriously.
16. Availability of products
All orders are subject to the availability of the Products. If incidents regarding their supply occur, or if CONSTANZA OQUENDO ran out certain items of stock or inventory, such a situation will be immediately reported to the user and it will be refunded any amount that may have been paid.
17. Product Warranty
CONSTANZA OQUENDO, in recognition and esteem for their clients as well as the quality of its products, grants the purchaser a guarantee on the items of "CONSTANZA OQUENDO®" in the terms and conditions set forth in the Warranty Certificate issued and sent with each purchased product.
18. CONTACT INFORMATION
19. Changes to Terms and conditions
CONSTANZA OQUENDO may from time to time modify this Terms and Conditions at its sole discretion. All changes are effective immediately when they are posted, and apply to all access and use of the Website thereafter. If you do not agree to, or cannot comply with these Terms of Conditions, you should not use and are not authorized to use the Website. You will be deemed to have accepted these Terms and Conditions as amended if you continue to use the Website after any amendments are posted.
CONSTANZA OQUENDO tries to ensure that the information posted on the Website is correct and up-to-date, and cannot guarantee the correctness or precision of any of the information available on it, nor will we be liable for any inaccuracy or omission concerning any of the information therein provided.
20. Fraud and abuse
The User agree to notify CONSTANZA OQUENDO of any suspicion of fraudulent or abusive activity in connection with the use of the Website in order to take any prevention measure applicable.
21. Additional Provisions
In the case that any term or condition of the Agreement in not duly enforce at any given time, it will not prevent said enforcement at any other time. The headings and subheadings are not deemed to be included for purposes of interpretation or application of this Agreement but solely for convenience purposes.
22. assignment and validity and applicable law
The User may not assign this Agreement without the prior written consent of CONSTANZA OQUENDO. This Agreement represents the entire agreement between the User and CONSTANZA OQUENDO, and may only be amended in the manner described herein. If it is determined that any part of this Agreement is invalid, the rest of it remain in full force and can be enforced. The legislation governing this Agreement are the laws and regulations of the Republic of Panama.
23. Dispute resolution
The User can file a claim against CONSTANZA OQUENDO through the following email address: email@example.com. In the assumption that the claim was not resolved satisfactorily for the User, all disputes or controversies will be resolved as follows: 1) Mediation: Either Party may request mediation of a dispute by filing a Request for Mediation in writing to the other Party. The Mediator, like the time and place of mediation, always within the Bolivarian Republic of Venezuela, shall be selected by agreement between the Parties. In the absence of any other agreement expressing otherwise, the Parties agree to mediation. The mediation will take place as specified by the Mediator and agreed to by the Parties. The Parties agree to settle disputes in good faith and deal with the facilitation of mediator to reach a consensual resolution of the dispute. The mediation will be treated as a discussion of settlement and confidential. The mediator does not vouch for any Party in any subsequent proceedings relating to the dispute. No record or transcript of the mediation procedure will be kept. Each party will pay its own costs arising as a result of mediation. In the absence of an express agreement otherwise, the Parties shall share the fees and expenses of the mediator in equal proportions. 2) Arbitration: If the Parties cannot reach an agreement by the process of mediation, they agree to submit any dispute, controversy or claim arising out of this document or in connection therewith, on its application, interpretation, performance, cancellation, termination, revocation, scope and other effects, and the execution thereof, to arbitration. Such arbitration shall be resolved exclusively under the legislation of the Republic of Panama to be held in the Center for Conciliation and Arbitration of the Chamber of Commerce of Panama and in accordance with its rules of procedure. The language to be used is Spanish. The ruling will be mandatory, not challenged and shall be complied in good faith and without delay by the Parties. The Parties agree that the Arbitral Tribunal shall consist of three (3) arbitrators appointed in accordance with said rules of procedure. Arbitrators appointed shall not be related or affiliated or have any interest with the Parties. The Parties may appoint arbitrators of any nationality or domicile as long as they have supported knowledge on the matter at hand. Arbitrators should be expert attorneys in commercial / contractual law and with recognized experience regarding arbitration law and without a direct or indirect relationship with the Parties.
Last Modified: 03/30/2017