General Conditions of Sale
This website is operated by RINCON. Throughout the site, the terms "we", "us" and "our" refer to RINCON. RINCON offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Service"), including all additional terms and conditions and policies referenced and/or hyperlinked herein.
These Terms and Conditions apply to all users of this site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of this Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, do not access or use the Site or any services offered. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to this store in the future shall also be subject to these Terms and Conditions. You can review the latest version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes have been posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS OF USE OF OUR ONLINE STORE
By agreeing to these Terms of Sale and Use, you represent that you are of legal age in your country, state or province and that you have given us your consent to allow any minors in your care to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including without limitation copyright laws).
You may not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in an immediate termination of your Services.
SECTION 2 - TERMS AND CONDITIONS
We reserve the right to refuse access to the Services to anyone, at any time, for any reason.
You understand that your content (other than credit card information), may be transmitted unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or contact on the website through which the service is provided, without our express prior written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 -
Accuracy, Completeness, and Timeliness of Information We are not responsible for the accuracy, completeness, or timeliness of the information available on this site. The material on this website is provided for general information only and should not be relied upon or used as the sole source for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk.
This site may contain historical information. Such historical information is, by its nature, not current and is provided for your information only. We reserve the right to modify the contents of this website at any time, but we are under no obligation to update any information contained on this website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - MODIFICATION OF SERVICES AND PRICES Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or to any third-party for any change in price, suspension, or discontinuance of the Service. SECTION 5 - PRODUCTS AND SERVICES (if applicable) Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy. We have made every effort to display the colors and images of our products featured at our online store as accurately as possible. We cannot guarantee that your computer monitor will accurately display any color. We reserve the right, but have no obligation, to limit the sales of our products or Services to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any service or product made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or received by you will meet your expectations, or that any errors in the Service will be corrected. SECTION 6 - Accuracy of Billing and Account Information We reserve the right to refuse any order you place with us. We may, in our discretion, limit or cancel quantities purchased per person, per household or per order. These limitations may include orders placed by or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate order and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You can find more information in our Returns Policy. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. If you use any optional tools offered through the site, you do so entirely at your own risk and discretion and you should review the terms on which tools are provided by the relevant third-party provider(s). We may also offer new services and/or features through the site (including, new tools and resources) in the future. Such new features and services shall also be subject to these Terms and Conditions. SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party sites, and we do not warrant or assume any liability for any content, site, product, service, or other materials on or available from third-party sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SECTION 9 - USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS If you submit specific content at our request (for example contest entries), or without a request from us you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by mail, email, or otherwise, please contact us. By sending us comments by email, postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove any content that we determine in our sole discretion are unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions. You agree to post comments that do not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any unlawful, defamatory or obscene material, or any computer virus or other harmful software that could in any way interfere with the operation of the Service or any related website. You may not use a false e-mail address, impersonate someone other than yourself, or otherwise attempt to mislead us and/or others as to the origin of any comments. You are solely responsible for any comments you post and their content. SECTION 10 - PERSONAL INFORMATION Your submission of personal information to our online store is subject to our Privacy Policy. SECTION 11 - ERRORS, INACCURACIES AND MISTAKES Occasionally there may be information on our Site or Service that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify any information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related site should be taken to be a basis for inferring that all information in the Service or on any related site has been modified or updated. (d) infringe upon or violate our intellectual property rights or the intellectual property rights of any third party; (e) harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other form of malicious code that will or may be used to impair the functionality of the Service or the operation of the Service or of any other independent or related website; (h) collect or track the personal information of others; (i) spam, phish, pretext, extort, crawl, mine, or scan the Internet (or any other resource); (j) for any obscene or immoral purpose; or (k) interfere with or circumvent the security features of our Service, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses. SECTION 13 - DISCLAIMER AND LIMITATION OF LIABILITY We do not warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that, from time to time, we may suspend the Service indefinitely or cancel it at any time without notice. You expressly agree that use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall RINCON, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages, losses, claims, or injuries of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. such claims. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the extent permitted by law. SECTION 14 - INDEMNIFICATION You agree to indemnify and hold harmless RINCON, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents referenced herein, or your violation of any law or the rights of a third-party. SECTION 15 - ENFORCEMENT In the event that any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions. SECTION 16 - RES RES RES RES RES RES RES RES The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement in all respects. These Terms of Service shall remain in effect unless and until terminated by you or a third-party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If we determine, in our sole judgment, that you have failed, or we suspect that you have failed, to comply with any term of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof). SECTION 17 - OVERALL AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms and Conditions or any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions). SECTION 18 - GOVERNING LAW These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable law. SECTION 19 - CHANGES TO TERMS AND CONDITIONS You can review the most current version of the Terms of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Sale and Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of changes to these Terms of Service constitutes acceptance of those changes. Questions regarding the Terms of Service should be directed to us at: rinconthebrand@gmail.com