In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the PINEDA COVALIN´s Terms and Conditions. “PINEDA COVALIN", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s products, in accordance with and subject to, prevailing Law. Any use of the above terminology or other words in the singular, plural, and/or he/she or they, are taken as interchangeable and therefore as referring to same.
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.
1. Proprietary Rights
All the rights, title and interest (including, without limitation, copyrights) included in the Site/s, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon, ie the Site Content; as well as the look, design and organization of the Site/s, the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual or industrial property and any other proprietary rights therein.
The use of the Site, does not grant to you the ownership, title or right, about any component of the Site Content, nor does it grant you any license to use or display the same except as expressly permitted herein.
2. Limited License
According to these Terms, we grant to you a non-exclusive, non-transferable, limited license only to access, view, use and display the Site and Site Content on your computer or other device, provided that you comply fully with these Terms.
The Site and Site Content are for your personal, and non-commercial use only. No part of the Site or Site Content (or any of our products advertised or sold on the Site) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, in any manner whatsoever, without our prior written consent, as well as our designs, logo, pack and any other element about the products and the trademark.
3. Trademarks and Copy Rights
The trademarks, logos, and trade names displayed on the Site or as part of the Site Content are registered by PINEDA COVALIN S.A. DE C.V., as well as the designs, drawings and all cutting patterns have the copyright registration by PINEDA COVALIN S.A. DE C.V., and may not be used unless expressly authorized by the applicable Trademark or copyright owner. Nothing contained on the Site should be construed as granting expressly, without our written permission or that of the applicable third-party rights holder.
4. User Accounts.
Using certain features on the Site may require creating an account and submitting personal information. We are committed to protecting your privacy. Only authorized employees have the access to information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The Law establish specific offences for unauthorized actions against computer systems and data.
You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Site for any reason.
In the case of improper use of your personal information, we will investigate any such actions with a view to claim damages against those responsible.
5. Submitted information
Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, suggestions, concepts, systems, designs, drawings, comments, criticisms, reports, feedback or other materials submitted or transmitted through the Site in any manner, including, but not limited to, through the “Contact Us” section, will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.
By submitting, uploading, posting or sending the mentioned information to through the Site, you: (i) warrant that the information is your property and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to use such information and submit them to the Site for our use, in accordance with these Terms; and (ii) you grant to us the right to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such information (in whole or in part), in any form, media, or technology now known or later developed, and for any purpose; the mentioned right is unrestricted, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable. We are not responsible for maintaining the information, and may delete or destroy, any information that you provide.
6. Rules of Conduct.
While accessing or using the Site and the various other features available on the Site you warrant and agree that you shall not:
- Violate any law, rule or regulation; violate the security of the Sites, or obtain or attempt to gain unauthorized access to the Site, computer systems or networks connected to any server associated with the Site;
- Insert your own or a third party’s advertising, branding or other promotional content;
- Use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Site for any commercial or promotional purposes, or contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Site;
- Use the Site or its features in any manner that could interrupt, damage, disable, overburden or impair the Site or such features, or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
- Circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Site or its services or any software on the Site;
- Upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any information which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- Use the Site to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- Use the Site in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.
The Site may include certain features allowing users to communicate with each other or the general public (chat, bulletin boards, message boards, blogs and other similar forums). These Terms apply to your use of them. We are not responsible about the personal information that you share at the forums, which is why, you should be careful and selective about the information you disclose in the Site and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.
We do not have the obligation to monitor or review anything submitted to the Site, neither are responsible of any such materials that you submit to the site. However, we may disclose any information or materials as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any such content, in whole or in part, which violate these Terms. Given the open nature of the internet, we are not responsible about the content offensive, indecent, or objectionable that you probably appear while you are using the site.
7. Indemnification.
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys' fees, arising from (i) the unauthorized use of the Sites or the Site Content, (ii) violation of the Terms about the Submitted information to the site, or (iii) your breach or violation of any law, rule or regulation, or these Terms.
8. Orders and Payment
You may order products from our Site only if you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Sites may be subject to additional terms and conditions presented to you during such purchase or download.
We reserve the right to refuse any order you place through the Sites. We may, in our sole discretion, limit or cancel quantities of products purchased per person, or per order, or under the same account, or the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address.
In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. You are not permitted to resell any products or services purchased through any of the Sites for commercial purposes.
By purchasing from the Site, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect on any unpaid debt and to obtain credit card authorization; all the information that you provide for this means, will be protected with absolute privacy.
Product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed.. Prices displayed on our website are quoted in USD and the purchase is only valid and effective in the U.S.
Unless otherwise stated, the products featured on this website are only available within the US, or in relation to postings from the US. All advertising is intended solely for the US market.
The available methods of payment are all major Credit/Debit Cards. All products that are show at the web site remain the property of us until paid for in full.
Prices and availability of products are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
9. Cancellation and Refund Policy
For cancellation any order, you should sent a notificacion via email, or contacting us to our call center, only within 24 hours after the date that you made the purchase. We reserve the right to levy a charge to cover any subsequent administrative expenses.
There is no refunds about the products that you purchase in our website. We only recognize that right on your behalf when the product shipped is defective.
10. Promotions.
The Site may contain sweepstakes, contests or other promotions requiring you to send information or materials to us. Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Sites, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.
11. Disclaimer of Warranties.
PINEDA COVALIN cannot guarantee that the Site or its content is error free and we makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date. THIS SITE IS PROVIDED BY PINEDA COVALIN ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PINEDA COVALIN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, ASSUME THE ENTIRE COST OF REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR IT’S CONTENT. PINEDA COVALIN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND NOT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
12. Limitation of Liability
Neither PINEDA COVALIN, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or management the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate.
In no event shall PINEDA COVALIN be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. If you accept this limitation of liability, you acknowledge that PINEDA COVALIN would not grant access to the Site without your agreement to this Term.
13. Jurisdictional Issues.
The Site is intended for users located in the United States of America. We do not guarantee that the content of the Site be appropriate or available for use in other locations. Persons who access or use the Site from other locations are responsible for compliance with any applicable local laws. No software from the Site may be downloaded or otherwise exported or re-exported by any person that the US law prohibit for reason of his/her nacionality. By downloading or using any such software, you represent and warrant that you are not incurre in the mentioned violation.
14. Termination.
We may terminate, change, suspend, restrict or discontinue any aspect of the Sites at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or termination of your Site use privileges.
15. Linked Sites
This Site may link to or be linked from other websites that are not maintained by, or related to PINEDA COVALIN. We did not endorse, and are not responsible for, the content of any of those third-party websites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.
16. Jurisdiction
These Terms and the relationship between you and us shall be governed by the laws of the United States and the State of New York. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. All provisions of these Terms that consist of or relate to notices, ownership of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Site, shall survive the revocation, expiration or termination, in whole or in part, of these Terms. We reserve all rights not expressly granted in these Terms.
17. Intellectual Property
Everything you see or read on the Site is information protected by copyright or trademark unless otherwise noted.
Third Party Trademarks displayed on this Site not owned by PINEDA COVALIN are the property of their respective owners, who may or may not be affiliated with PINEDA COVALIN. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.
18. Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and PINEDA COVALIN. Your accessing of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
19. Contact Us.
Please direct questions or comments about the Site, these Terms, or any products you purchased through the Site to:
T. 305 448 6810
ny@pinedacovalin.com
