TERMS AND CONDITIONS
FIRST CLAUSE: The operator of the Site
The website www.newvana.com is operated by the company Paradise Ingredients S.A. with legal entity number 3-101-222859, commercially known as Newvana Cocktail Mixers, with the email [email protected] and domiciled in Cartago, Central District, San Nicolás, behind Parque Industrial Zeta, in Guadalupe of Cartago intersection, next to Verdes Superiores.
SECOND CLAUSE: The User
COMMERCE will require, for the purpose of creating the Registered User account, at least the following information: name, surname, email, telephone, username under which the User will participate in the Website, as well as any other data that may be requested by COMMERCE for the purpose of providing the Service. The email of the User will be the Identification of the Registered User for the purpose of accessing COMMERCE. For this reason, it will not be possible to change the account email. Users must provide truthful and accurate information and guarantee that the data they provide is sufficient to be identified and / or located. Any inaccuracy that prevents identifying or locating the User, as well as any false information provided, will entitle COMMERCE to proceed with the cancellation of the Services and the immediate elimination of the account, in the case of Registered Users. COMMERCE may proceed to close the account of the Registered User in its sole discretion, for which it should only communicate said decision to the email indicated by the Registered User in their personal data. Navigation in certain sections of our Website may or may not, at the sole discretion of COMMERCE, be subject to the prior registration of the User as a Registered User.
THIRD CLAUSE: About the Services
The services offered by COMMERCE on its website www.newvana.com are the following (for the purposes of this document the "Services"):
- Purchase of Products Online: Through the Website, the User may purchase Products of COMMERCE or from various suppliers.
- Information: COMMERCE may make communications regarding its Products and / or the store, about purchases made by the User, as well as any other communication or display of information that COMMERCE deems pertinent, at its sole discretion.
FOURTH CLAUSE: Limitations and exclusions to the Services
4.1 Description and photograph of the product. The photographs of the Products offered on the Website display the presentation corresponding to the Products. The User must carefully read the descriptions of the Products as well as the conditions of purchase before placing the order. This, in order to clearly understand the terms, conditions and restrictions that may apply to each Product.
4.2 Product Stock. The User understands and accepts that the possibility of specifying the sale of the Product depends on the number of stocks of the Product that is kept in inventory. Prior to the confirmation of the transaction, the customer will be informed about the availability of the required Product units.
FIFTH CLAUSE: Prices and payment method
The prices of the exposed Products are indicated in United States Dollars, and with all taxes included. Any other costs associated with the purchase, such as, but not limited to shipping services, or any other that may be offered to Users at its sole discretion, will be charged separately and indicated in the order of purchase to cancel.
The User may pay their orders online through their credit cards. Said payment must be credited before the dispatch of the Product. The User agrees not to make charges against the card. At the end of the online purchase process, the User will always receive a confirmation of the purchase and a confirmation from the payment processor to his registered email. The digital invoice of the purchase will be sent by the same means.
It is essential, for the purpose of making the purchase, that the User verifies all the data on the items that he wishes to acquire for the purpose of not incurring errors, that he properly inserts all the information required for the delivery of the Product, and that he understands and Accept the purchase terms and conditions.
COMMERCE will not be responsible for problems arising from failures in the payment processor system and / or the banking entity through which payment is intended, in which case the User must contact their service provider to correct the problem and be able to make the purchase in question.
SIXTH CLAUSE: Sending and receiving the order
COMMERCE will send orders for Products within the agreed Territory, within a maximum period of Forty-Eight (48) business hours (hereinafter the “Delivery Time”), but exceptions can be made due to the Carriers transportation times. The Delivery Term will be computed based on the business hours that will be from 8:00 a.m. to 5:00 p.m. No holiday deliveries will be made, unless expressly indicated on the Website. Shipping costs, as well as any other expenses related to the order, will be paid together with the final amount of the order. Shipping costs will be borne by the User and will be calculated in accordance with the delivery destination and the number of units, weight and dimensions of the Products purchased. Shipping costs will be detailed throughout the purchase process and the buyer will have the possibility to review and approve the total cost before finalizing their purchase. The delivery of orders will be made at the delivery address freely designated by the User within the Territory and within the established Delivery Term. COMMERCE will not assume any responsibility when the delivery of the Product cannot be executed as a result of the inaccuracy or falsity of the data provided by the User, due to the absence of the recipient, or for any other cause beyond the responsibility of COMMERCE.
If for some reason outside the control of COMMERCE the Product could not arrive within the established period, COMMERCE will proceed to make the reversion of all the funds corresponding to the price of the item that cannot be delivered, as well as any other additional amount charged in connection with that transaction, such as but not limited to taxes, transportation, etc. The User accepts by this means that the amounts paid will be satisfied with the return and frees COMMERCE from any responsibility in relation to possible transactions that could not be completed for reasons beyond the control of COMMERCE.
SEVENTH CLAUSE: Return Policy
The User will have a period of fifth teen (15) business days from the moment of receiving the Product to make the complaining of his order or part of it when the Product is not considered appropriated for consumption.
For the purpose of being able to get a refund or an exchange of the Product, the User must send the picture of the product to [email protected] with a brief description of the problem presented in order to verify the claim. This e-mail will be answered in the next 48 hours after being received and the refund of the money will be made to the card used to make the payment in question, within a maximum period of 30 business days. In order to ask for a refund or exchange, the Product must not be complete consumed.
EIGHT CLAUSE: Account ResponsibilityFor purposes of making purchases in a more agile way, as well as to have access to certain access content only for Registered Users, the User must register an account, as indicated in the SECOND clause above. This account will be assigned a username and password. Every User is responsible for maintaining absolute confidentiality about their username and password to their account in COMMERCE, since it will contain sensitive information such as, for example, but not limited to the card registered for payment purposes and information on purchases made. All Users accept responsibility for any illegal or non-permitted activity in accordance with these Terms and Conditions, which is carried out using their account registered in COMMERCE. In this sense, the Registered User undertakes not to allow the use of his account by third parties and, in particular, by minors. The User releases COMMERCE from any responsibility for damages or losses that occurred as a result of the use of the account by third parties. Likewise, COMMERCE reserves the right to refuse a service request, close an account or cancel orders, at its sole discretion and, especially, in the case of suspicion of any irregular activity, the use of an account by third parties outside the account or by minors.
The territory Freight services and / or delivery of Products will be carried out only in the United States Territory with our authorized Freight carrier unless COMMERCE commits to something different in any particular case.
CLAUSE TEN: About the Products for sale
The products sold by COMMERCE will be all those indicated on the Site (for the purposes of this document the "Products").
CLAUSE ELEVEN: Communication with the User
Any User who registers and / or uses the services of COMMERCE and / or who writes to us by email, will receive communications by the same means (the email registered by the User) by COMMERCE. The User accepts that COMMERCE may communicate via email registered by the User: information about promotions, about Products, invitations to events, notifications about changes to the Terms and Conditions, electronic invoices, order confirmations, as well as any other information or formal notification that COMMERCE needs to communicate to the User. Therefore, the User is responsible for keeping his personal information updated and for periodically checking his email. In the event that the User does not wish to receive certain information by email, they must indicate it to the following email: [email protected] Notwithstanding the foregoing, it is important to note that there is information that COMMERCE must necessarily send to the User by email, either for the purpose of providing the Service or in order to comply with the applicable legislation. If the User does not authorize COMMERCE to send this information, COMMERCE will not be able to provide the Service.
CLAUSE TWELVE: Responsibility in relation to the use of the services.
All Users accept responsibility for any illegal or non-permitted activity in accordance with these Terms and Conditions, which is carried out through the use of the platforms or Services provided by COMMERCE.
The User releases COMMERCE from any responsibility for damages or losses that have occurred as a result of the bad or incorrect use by the User of the platforms or Services provided by COMMERCE through the Site. Also, COMMERCE reserves the right to refuse a service request, at its sole discretion and, especially, in the case of suspicion of any irregular activity or the use of the Site for purposes other than those provided herein. COMMERCE may close or restrict the User's access to the Services if any improper use of the Website and / or the services offered therein is detected, understood as improper use, but not limited to, the following assumptions:
- Use the Website for any use other than those authorized through these Terms and Conditions.
- The use of automated mechanisms or tools or similar technology whose purpose is to extract, obtain or collect, directly or indirectly, any information contained in the Website.
- Any attempt to modify, adapt, translate, or convert the formats or computer programs of the Website or its contents.
- Use HTML codes available to a third party.
- Copy, imitate, replicate for use on mirror servers, reproduce, distribute, publish, download, display or transmit any content on the Site (including trademarks) in any form or by any means; This restriction includes, but is not limited to the following media: electronic, mechanical, photocopying, recording or any other media.
- Access data not intended for the User or log in to a server or account in which the User does not have authorized access.
- Attempt to interfere with the Service to any other User, guest or network, including, without limitation, by sending viruses to the Site, overloading, flooding, spam, bombardment of mail or failures.
- Send unsolicited mail, including promotions and / or advertising of Products or services.
- Falsify any TCP / IP header or any part of the header information in any email or newsgroup.
- Attempt or conduct of fraudulent activities among which are without limitation, the falsification of identities. All information provided by the User must be true and accurate. Providing any false or inaccurate information constitutes a breach of these Terms and Conditions.
CLAUSE THIRTENN: Links to other pages and information published by Users or third parties
COMMERCE may post on its Site links to other web pages. The User expressly accepts that COMMERCE is not responsible for the content of said links or the veracity or accuracy of the information contained in said links. COMMERCE may also allow Users or third parties to post links, photographs, comments, ideas, valuations of the Services and / or Products, as well as any other type of information, provided that it is not defamatory, denigrating, injurious, disrespectful, threatening , invasive to privacy, offensive, discriminatory, unsubstantiated, violation of intellectual property rights, virus content, proselytism, "spam" or content that could be considered illegal in any way. Any content of this type or that TRADE considers false or made through a false profile, may be removed from the site without any explanation from COMMERCE. The User and, in general, any natural or legal person who intends to establish a link from his website to www.newvana.com, must obtain prior written authorization from COMMERCE. The establishment of this link does not imply in any case the existence of relations between COMMERCE and the owner or owner of the website on which it is established, nor the acceptance or responsibility of COMMERCE in relation to its contents or services.
CLAUSE FORTHTEEN: Intellectual property rights
If a User posts content or material on the Website, unless expressly stated otherwise by COMMERCE, the User would be granting COMMERCE a non-exclusive, royalty-free authorization and / or license, perpetual, irrevocable and totally sublicensable to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display such content worldwide and in any medium, whether tangible or intangible. Likewise, the User authorizes COMMERCE the right to use the name, the image, and / or any content that the User sends, uploads or posts to the Website. The User declares and guarantees that he is the owner or that he has the necessary rights over the content he posts, that the use of the content that the User supplies does not infringe any intellectual property rights of third parties and will not cause damage to any person or entity. The User hereby yields any image and / or voice right that appears in the content he posts. Likewise, the User declares that he exempts COMMERCE from any responsibility related to the content he posts and that he will indemnify COMMERCE for any demand resulting from the content that the User posts. COMMERCE reserves the right to control and edit or delete any activity or content that is posted by the User at its sole discretion. COMMERCE is not responsible and assumes no responsibility for any content posted by the User or any third party. Intellectual property rights over the contents of the Website, including but not limited to: its graphic design, ideas, services, the distinctive signs that appear (trademarks and trade names), the underlying computer programs and / or software (including the source codes), as well as the different elements that make up the website (texts, graphics, photographs, videos, etc.) correspond solely and exclusively to COMMERCE. The use of the Website by the User does not imply in any way that there is a transfer of any intellectual and / or industrial property rights to the Website, its contents and / or the distinctive signs of COMMERCE and / or any of the trademarks displayed on the Site. For this purpose, the User is expressly prohibited from reproducing, transforming, distributing, public communication, making available, extracting and / or reusing the website, its contents and / or the distinctive signs of COMMERCE and / or any of the brands that are exposed on the Website.
CLAUSE FIFTHTEEN: Disclaimer
The User acknowledges and accepts that the use of the Website is carried out at all times at his own risk and responsibility. COMMERCE will not be responsible for the improper use that may be made of the Website. COMMERCE will not be liable for damages of any kind caused in the electronic equipment (computation, phone, tablet, or other) of the User for viruses or any other harmful element. The User acknowledges that the use of the Internet network involves the assumption of a risk that his computer equipment may be affected by the elements listed above. To this end, it is up to the User, in any case, the availability of adequate tools for the detection and elimination of harmful electronic programs that may pose a risk to their computer equipment. COMMERCE will not be responsible for problems arising from failures in the banking entity's system through which payment is intended, in which case the User must contact their service provider to correct the problem and make the purchase in question. COMMERCE shall not be liable for the lack of performance of its obligations when there is force majeure, fortuitous event, or the entry into force of government legislation, regulations or restrictions of any other nature that prevent it from executing its obligations.
CLAUSE SIXTEEN: Various Aspects
- TITLES OR HEADINGS: The titles that are used to head each clause of this document, are introduced to facilitate its reading, and should not be considered as part of the text of the same for purposes of its execution or to interpret its content.
- NULLITY: If any provision of this document is declared void or voidable by judicial or arbitral authority, it will be deemed not to be established, but the legality and validity of the rest of the Terms and Conditions will not be affected or limited by such omission.
- APPLICABLE LEGISLATION AND COMPETENT COURTS: The use of this Website will be governed and interpreted in accordance with Costa Rican legislation. Any conflict, controversy or difference that could be related to, or derive from the relationship between COMMERCE and the User or any third party that uses the Website will be resolved by the Courts of Justice of the Republic of Costa Rica.
- RELEASE OF LIABILITY FOR DELIVERED PRODUCT: Once the Product has been delivered to the User, COMMERCE will not be responsible for the use that the User gives to the Product, nor for the consequences that could be derived from the abuse in its consumption. Any questions or queries about the scope and interpretation of these Terms and Conditions may be evacuated by email [email protected] The answer to these queries will not imply a total or partial modification of this document, or a waiver of its compliance.