The Site is owned or controlled by Annette Cardona. By accessing this Site in any way, including, without limitation, browsing this Site, using any services, and/or submitting information to KIARAKZEL CREATIONS, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of Puerto Rico law.
GENERAL CONDITIONS OF USE
The use of the site involves the full acceptance by the user of these General Conditions, and if you do not agree with their contents you must refrain from using the website along with the services offered therein. KIARAKZEL CREATIONS reserves the right to make the modifications it deems appropriate, and it may modify, delete or include, without informing consumer beforehand, new contents and/or services, as well as the manner in which they are presented and located and the conditions of use of the website. Access and use of the content and services after the entry in force of any modifications or changes, shall imply the acceptance of these by the user.
The products and services offered by KIARAKZEL CREATIONS whose acquisition it can be made through www.kiarakzelcreations.com shall be governed by the specific PURCHASE CONDITIONS listed here.
1. Access conditions
The user accepts that access to and use of the website and the content included therein is performed freely and willingly, under their own exclusive responsibility, and accordingly undertakes to:
- Not to perform any action that could damage the good reputation of KIARAKZEL CREATIONS in any way.
- Not to use the website to perform activities contrary to the Law, moral standards or public order and in general to make lawful and honest use thereof according to these General Conditions, as well as abstaining from performing any act that could damage, disable, overload or deteriorate the website and/or prevent its normal use by the rest of users.
- Not to manipulate or alter any of the website content without the express and written consent of its owner. Any alteration, modification or manipulation without the consent of the owner shall relieve the latter of any liability.
- Not to reproduce, copy, distribute, publicly disclose, transform or modify the content, unless authorization has been given by the holder of the corresponding rights or such actions are legally permitted. In addition, not to delete, circumvent or manipulate the Copyright and other identifying data of the rights of KIARAKZEL CREATIONS or the owners incorporated into the content such as technical protection devices or information mechanisms incorporated to such content.
- Not to introduce or spread data in the web programs (viruses or any kind of malicious software) susceptible of causing damage to the website.
KIARAKZEL CREATIONS does not guarantee the availability or continuity of the website and shall not be liable for any damages and prejudice that may arise, nor for any technical defects, including viruses or other harmful elements, regardless of their nature, arising from the use of the information and materials contained on the website.
If KIARAKZEL CREATIONS believes that you have failed to comply with these conditions of use, we reserve the right to cancel or delete your password and account for the website (for registered users) and/or to deny access.
If any of these conditions are considered by a court or another competent authority, to be totally or partially null, invalid or ineffective, that condition will be eliminated of the Conditions (which shall remain valid and in force insofar as permitted by law).
2. Restricted access to the web site
Certain parts of the KIARAKZEL CREATIONS website are restricted to the exclusive use of registered users (with account) through the use of a username (ID) and password. Any users of the website who are not registered cannot access the restricted access areas.
Users are liable for damages of any kind that KIARAKZEL CREATIONS or any third party may suffer as a result of breach of any of the obligations implied by the General Conditions.
The KIARAKZEL CREATIONS website offers links to other websites that may be of interest to you. Although KIARAKZEL CREATIONS tries to ensure that such third-party websites comply with appropriate security standards, we cannot ensure compliance of by the data contained therein, in with prevailing data protection legislation.
KIARAKZEL CREATIONS shall not assume any responsibility, even in an indirect or subsidiary manner for loss or damage of any kind that may be derived from the access, maintenance, use, quality, legality, reliability and utility of the contents, information, communications, opinions, statements, products and services existing or offered on websites not managed by us and which can be accessed through the portal of KIARAKZEL CREATIONS. With regard to the links provided on the website, it has no actual knowledge that the activity or information provided or recommended is unlawful or harms the rights or property of a third party eligible for compensation. However, KIARAKZEL CREATIONS shall remove any links that include illegal content, as soon it becomes aware of them.
Similarly, KIARAKZEL CREATIONS shall not be liable for possible communications failures, given that it cannot guarantee the availability of continuous operation and accessibility of the website. In such cases, KIARAKZEL CREATIONS will perform, as soon as possible, any actions aimed at remedying the aforementioned errors.
KIARAKZEL CREATIONS shall not be held responsible for breach of the contract concluded in the event of lack of stock or product unavailability, force majeure, disruption or partial or total strike (in particular of postal, transport and/or communications services), flood or fire.
Intellectual and industrial property.
The user acknowledges that all content of the website and, in particular, all the information, photographs and materials, structure, selection, arrangement and delivery of content, programs and development of applications used in connection with the foregoing, are protected by the intellectual and industrial property rights of the website owner or, where applicable, by third parties.
Under no circumstances shall access to such data or their use by the user imply any kind of waiver, transmission or total or partial assignment of such rights, and nor shall any rights of use, alteration, exploitation, reproduction, distribution or public disclosure be conferred for such content without the prior and express authorization specifically granted for that purpose by KIARAKZEL CREATIONS or the third party owner of the affected rights.
KIARAKZEL CREATIONS is the owner of the elements that integrate the graphic design of its website, the navigation menus and buttons, code, texts, images, textures, graphics and any other content of the web page or, otherwise, it has obtained the corresponding authorization for the use of such elements.
If a user or a third party considers that any of the content has been introduced on the website in breach of their intellectual or industrial property rights they shall send a notification to the company, identifying themselves and the rightful owner of the intellectual or industrial property rights supposedly infringed, submitting certification or evidence that they represent such rights.
Applicable legislation and Jurisdiction
These General Conditions shall be governed by the provisions of Puerto Rico Law. For any issues which may arise between the parties, they expressly agree to submit to the jurisdiction of the Courts of Puerto Rico. Sales made through the portal www.kiarakzelcreations.com shall be governed by Puerto Rico law. In the event of disagreement and different interpretation of the purchase conditions, any disputes shall be heard by the Courts of the domicile of the consumer.
TERMS AND CONDITIONS
These terms and conditions (these "Terms") apply to the purchase of products through https://www.kiarakzelcreations.com (the "Site"). These Terms are subject to change by KIARAKZEL CREATIONS. (referred to as “Kiarakzel Creations”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance and agreement to such changes.
THESE TERMS CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KIARAKZEL CREATIONS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS BY APPLICABLE LAW.
1. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail. Acceptance of your order and the formation of the contract of sale between KIARAKZEL CREATIONS and you will not take place unless and until you have received your order confirmation e-mail.
2. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. Posted prices do not include taxes, if applicable, or charges for shipping and handling. All such taxes, if applicable, and shipping charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Payments are to be made either via credit card or paypal. You represent and warrant that (i) the credit card or paypal information you supply to us is true, correct and complete, (ii) you are authorized to use such credit card or paypal account for the purchase, (iii) charges incurred by you will be honored by your credit card company or paypal account, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
3. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process, as indicated above.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Exchanges and Returns.
KIARAKZEL CREATIONS’ exchange and return policy can be found at https://www.kiarakzelcreations.com/exchange--returns.html, where it will be updated from time to time. Such exchange and return policy is incorporated into these Terms and you agree to be bound by them accordingly.
5. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP, IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR PRODUCTS.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME JURSIDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(iii) improper use;
(iv) failure to follow the product instructions or to perform any preventive maintenance;
(vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by KIARAKZEL CREATIONS;
(vii) unauthorized repair;
(viii) normal wear and tear; or
(ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for ninety (90) days, the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will not be responsible for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. We cannot guarantee the lead time for repair, replacement or refund of the product.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must call (787) 423-6080 or e-mail us at firstname.lastname@example.org during the Warranty Period, prior to sending anything to us. For avoidance of doubt, we will not be held responsible for any repairs, replacements, or refunds under the warranty service until an email confirmation is sent to you.
(g) Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(h) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed below is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
6. Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States, including all applicable export regulations, if any. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export.
7. Intellectual Property Use and Ownership.
You acknowledge and agree that KIARAKZEL CREATIONS is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site.
9. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Puerto Rico, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Puerto Rico or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of Puerto Rico.
11. Dispute Resolution and Binding Arbitration.
(a) YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org or by calling the AAA directly.)
A single arbitrator will be selected by both you and KIARAKZEL CREATIONS, or if no agreement can be made, the single arbitrator will be appointed by the AAA, will have exclusive authority to resolve any dispute relating to these Terms, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) A claim may be pursued in small-claims court rather than arbitration if written notice of the intention do so is given to the other party within 60 days of purchase. The arbitration or small-claims court proceeding will be limited solely to the individual dispute or controversy.
(d) You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR KIARAKZEL CREATIONS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by an authorized representative of KIARAKZEL CREATIONS.
14. No Third Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to KIARAKZEL CREATIONS, RR 1 Box 257, Anasco, PR 00610. We may update the address for notices to us by posting a notice on the Site or changing these Terms. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement.
These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.