TERMS OF SERVICE

TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. INTRODUCTION

Welcome to Artesano Headwear!

These terms and conditions outline the rules and regulations for the use of Artesano Headwear’s Website, located at www.artesanoecuador.com

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understand the Agreements and agree to be bound by them.
If you do not agree to (or cannot comply with) the Agreements, then you cannot use the Service, please let us know by emailing info@artesanoecuador.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

2. COMMUNICATIONS

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information that we may send. However, you may opt out of receiving any or all of these communications from us by following the unsubscribe link or by emailing info@artesanoecuador.com

3. SHOPPING

If you wish to purchase any product or service available through the Service (“Purchase”), you may be asked to provide certain information relevant to your Purchase, including, but not limited to, your credit or debit card number, the date your card expiration date, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card or other payment method in connection with any Purchase; and that (ii) the information you provide to us is true, correct and complete.
We may employ the use of third party services in order to facilitate payment and complete Purchases. By submitting your information, we do not grant the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: availability of the product or service, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. SHIPPING AND DELIVERY

Orders are shipped within 72 business hours after receipt of your order and once payment has been verified in the bank or payment system selected by the customer. Some items may take longer for reasons beyond our control. We will contact you by email if your order is delayed.
Packages are shipped via DHL (outside Ecuador) or Servientrega (only in Ecuador, where the service is available). This service will take 3-5 business days to deliver your package.
Shipping rates are calculated based on the number of hats ordered and where you want the hats shipped. For Ecuador, a single rate applies.

5. CONTESTS AND PROMOTIONS

Contests or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules separate from these Terms of Service. If you participate in any promotion, please review the applicable rules as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms of Service, the Promotion rules apply.

6. RETURNS AND REFUNDS

Orders can be returned to the warehouse for a refund within 30 days. Returns must be unused, in the condition received and in the original packaging, return shipping must be paid in full by the customer. In cases where the item is damaged or was not shipped as ordered, a return credit note was obtained. Refunds are not issued for the value of the original shipping cost.
We issue the credit note for orders within 7-12 business days after the original purchase of the Contract and the arrival of the returned product in our warehouses.

7. CONTENT

Artesano Headwear and/or its licensors own the intellectual property rights for all material on Artesano Headwear. All intellectual property rights are reserved. You may access this from Artesano Headwear for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Artesano Headwear
  • Sell, rent or sub-license material from Artesano Headwear
  • Reproduce, duplicate or copy material from Artesano Headwear
  • Redistribute content from Artesano Headwear

8. PROHIBITED USES

You may use the Service only for legal purposes and in accordance with the Terms. You agree not to use the Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes the rights of others, or in any way that is unlawful, threatening, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity.

0.6. Engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Service, or that, as we determine, may harm or offend the Company or users of the Service or expose them to liability.

In addition, you agree not to:
0.1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying material from the Service.

0.3. Use any manual process to monitor or copy any material on the Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software or routine that interferes with the proper working of the Service.

0.5. Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, damage, harm, or disrupt any part of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

0.7. Attack the service using a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or misrepresent the Company’s rating.

0.9. Otherwise, attempt to interfere with the proper working of the Service.

9. ANALYSIS

We may use third party service providers to monitor and analyze the use of our service.

10. PROHIBITIONS OF USE BY MINORS

The Service is intended solely for access and use by persons at least eighteen (18) years of age. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right and capacity to enter into this agreement and to comply with all terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from accessing or using the Service.

11. ACCOUNTS

When you create an account with us, you warrant that you are over 18 years of age and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete or out of date information may result in immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including, without limitation, restricting access to your computer and/or account. You accept responsibility for any and all activities or actions that begin under your account and/or password, whether your password is from our Service or from a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not legally available for use, a name or trademark that is subject to any right of another person or entity other than you, without proper authorization. You may not use any name that is offensive, vulgar, or obscene as your username.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

12. INTELLECTUAL PROPERTY

The service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Artesano Headwear and its licensors. The Service is protected by copyright, trademark and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Artesano Headwear.

13. REPORT BUGS AND FEEDBACK

You may provide us directly at info@artesanoecuador.com or through third-party sites and tools with information and feedback about bugs, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you may not retain, acquire or assert any intellectual property right or other right, title or interest in the Comments; (ii) The Company may have development ideas similar to the Comments; (iii) Comments do not contain confidential or proprietary information about you or any third party; and (iv) the Company is under no obligation of confidentiality with respect to Comments. In the event that transfer of ownership of Comments is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, royalty-free, sublicensable, unlimited, perpetual right of use (including copy, modify, create derivative works, publish, distribute and trade) Comments in any way and for any purpose.

14. LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by Artesano Headwear.
Artesano Headwear. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not guarantee the offers of any of these entities / persons or their websites.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH WEBSITES OR SERVICES. OF THIRD PARTIES.
WE STRONGLY RECOMMEND THAT YOU READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITE OR SERVICE YOU VISIT.

15. DISCLAIMER OF WARRANTY

THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED BY LAW, YOU, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING (INCLUDING ATTORNEYS’ FEES AND COSTS RELATED TO LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY IS INSTITUTED, WHETHER OR NOT INSTITUTED IN LITIGATION OR ARBITRATION, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORN ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WITHOUT LIMITATION, ANY CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE OR LOCAL LAW, STATUTE, RULE OR REGULATION, EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH EXCEPT AS PROHIBITED BY LAW, IF LIABILITY IS FOUND ON THE PART OF THE COMPANY, IT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CI RCU THERE WILL BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. TERMINATION

We may terminate or suspend your account and prohibit access to the Service immediately, without notice or liability, in our sole discretion, for any reason and without limitation, including, without limitation, breach of the Terms.
If you wish to terminate your account, you may simply stop using the Service.
All provisions of the Terms that by their nature may survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. APPLICABLE LAW

These Terms will be governed by and construed in accordance with the laws of Ecuador, which apply to agreements without regard to conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these terms is held by a court to be invalid or unenforceable, the remaining provisions of these terms will survive. These Terms constitute the entire agreement between us regarding our Service and supersede and supersede any prior agreements we may have had between us regarding the Service.

19. CHANGES IN SERVICE.

We reserve the right to withdraw or modify our Service, and any services or materials we provide through the Service, at our sole discretion and without notice. We will not be liable if for any reason all or part of the Service is unavailable at any time or for any period. From time to time, we may mandate access to some parts of the Service, or the entire Service, to users, including registered users.

20. MODIFICATIONS OF TERMS

We may modify the Terms at any time by posting the modified terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform after the revised Terms are posted means that you accept and agree to the changes. You are expected to check this page frequently to be aware of any changes, as they are binding on you.
By continuing to access or use our Service after the revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

21.WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by the Company to assert any right or provision under the Terms does not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court or other tribunal of competent jurisdiction to be invalid, illegal, or for any reason unenforceable, that provision will be severed or limited to the minimum extent so that the remaining provisions of the Terms remain in full force and effect. and effect.

22. RECOGNITION

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Last Update: 2022-01-17

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