Terms and Conditions
These terms contain very important information about your rights and obligations, as well as the conditions, limitations and exclusions that may apply to you. Please read it carefully. By placing an order for products from this website, you agree to and are bound by these terms and conditions.
1. Acceptance and cancellation of the order.
You agree that your order is an offer to purchase, under these Terms, all of the 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 order at our sole discretion. After receiving your order we will send you a confirmation email. The acceptance of your order and the formation of the sales contract between ZULTANITA and you will not take place unless and until you have received your order confirmation email.
2. Prices and payment terms.
(a) All prices published on this Site are subject to change without notice.
Published prices do not include taxes, if applicable, or shipping and handling charges. All these shipping costs will be added to your merchandise total and will be detailed in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer of ours and we reserve the right to cancel any order arising from such errors.
(b) Payment terms are at our sole discretion and, unless we otherwise agree in writing, payment must be received by us prior to our acceptance of an order. Payments must be made by credit card or PayPal. You represent and warrant that (i) the credit card or PayPal information you provide to us is true, correct and complete, (ii) you are duly 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) will pay charges incurred by you at published prices, including all applicable taxes, if any.
3. Shipments: Delivery: Title and risk of loss.
- We will arrange shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process, as stated above.
- 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 responsible for any shipping delays.
4. Changes and returns.
We ask that you read carefully before purchasing. The guarantee does not cover breakdowns or damage caused by improper use. The terms of the guarantee are associated with manufacturing and operating faults under normal conditions of the products and these terms will only become effective if the product has been used correctly. This includes:
- Under environmental conditions in accordance with the specifications indicated by the manufacturer.
- In specific use for the function with which it was designed from the factory.
- THERE IS NO RETURN FOR NOT LIKE THE PRODUCT
PERIOD OF TIME- one week after receipt, all exchanges or returns are cancelled. You have seven (7) days to change or repair (if applicable).
If there is no arrangement, a new item of the same price will be given or if it is not available, an item of the same price or a store credit will be given. The person must pay the return shipping of the product and the company will pay the reshipment of the product to the buyer.
If you receive the wrong product, you have one week to return it, the company will pay for shipping and reshipping of the correct product as well.
No money will be returned, a store credit will be made.
We are not responsible if you provide the wrong address and the item was processed.
Such return and exchange policy is incorporated into these Terms and you agree to be bound by them accordingly.
5. LIMITED WARRANTY.
We guarantee that during the warranty period, products purchased on the site will be free from defects in materials and workmanship. In accordance with generally recognized industry standards for similar products.
Our liability 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 given by us or any of our suppliers, agents or employees shall create a warranty, or in any way increase the scope or duration of this warranty.
a) Who can use this guarantee? This limited warranty is extended only to the original purchaser of the products on the Site. It does not extend to any subsequent or other owner or assignee of the Product.
b) What does this guarantee cover? This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased on the Site.
c) What is not covered by this guarantee? This limited warranty does not cover any damage due to:
iii) misuse; failure to follow product instructions or perform any preventative maintenance, modifications; combination or use with any product, material, process, system or other matter not provided or authorized in writing by ZULTANITA, unauthorized repair, normal wear and tear; or external causes such as: accidents, abuse or other actions or events beyond our reasonable control.
d) Coverage period. This limited warranty begins on the date of your purchase and lasts for 1 week, 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 change will not be retroactive.
e) What are your remedies under this guarantee? With respect to any products defective during the Warranty Period, we will, at our sole discretion, either repair or replace such products (or the defective part) free of charge or refund the price of the product in store credit (no return of money). We will be responsible for the shipping and handling charges to return the repaired or replacement product to you if we choose to repair or replace the defective products. We cannot guarantee the delivery time for the repair, replacement or refund of the product.
f) Limitation of Liability: The remedies described above are your sole, exclusive remedies, our obligation, and our entire liability for any breach of this limited warranty. Our liability will not under any circumstances exceed the actual amount paid by you for the defective product or service you have purchased through the site, nor will we under any circumstances be liable for any loss of production, labor, data, use, business, goodwill, reputation , income or profit, any decrease in value, costs of replacement goods, or any consequential, incidental, special, or punitive damages or losses, whether direct or indirect.
g). What can you do in the event of a dispute with us? The informal dispute resolution procedure set forth below is available to you if you believe that we have not met 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 the United States, including all applicable export regulations, if any. You represent and warrant that you are purchasing ZULTANITA products for your personal or household use only, and not for resale or export.
7. Use and ownership of intellectual property
You acknowledge and agree that ZULTANITA is and shall remain the sole and exclusive owner of all intellectual property rights in and to each product available on this Site and any related specifications, instructions, documentation or other materials, including, without limitation, all copyrights, patents, trademarks and other related intellectual property rights. You do not have and will not have or acquire any ownership of these intellectual property rights in or to the products available through this Site.
We will not be liable to you, nor shall we be deemed to have been in breach or breach of 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 outside of our reasonable control, including, without limitation, flood, fire, earthquake, explosion, government action, war, invasion or hostilities (whether or not war is declared), terrorist threats or acts, riot or other civil disturbances, national emergency , revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not related to our workforce), or restrictions or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials , materials or telecommunications breakdown or power outage.
10. Applicable Law and Jurisdiction.
All matters arising from or related to these Terms are governed and construed in accordance with the internal laws of Puerto Rico, without giving effect to any provision or rule of choice or conflict of laws (either of Puerto Rico or any other jurisdiction ) that would cause the application of the laws of any jurisdiction other than Puerto Rico.
11.Dispute Resolution and Binding Arbitration.
(a) you agree to waive any right to litigate claims in court or before a jury, or to participate in a class action or representative action with respect to any claim.
Other rights that you would have if you went to court may also not be available or may be limited in arbitration.
(Commercial Arbitration Rules) and must be settled in the Commonwealth of Puerto Rico. The arbitration shall be governed by the United States Arbitration Act, 9 USC
§§ 1-16 excluding any provision of state law that is inconsistent or produces a different result. A single and singular arbitrator shall determine the Claim of the parties and make a final decision in accordance with applicable law. Strict confidentiality shall govern any act of arbitration, and all information submitted to the mediator by the parties and for the decision or concession granted by the mediator. These terms shall not limit any obligation of a party to defend, indemnify, or hold another party harmless against legal action or other claims, losses, damages, or expenses.
The procedures specified in this Section shall be the exclusive procedures for the resolution of disputes against the parties arising out of or related to the use of the Site;
provided, however, that a party may request temporary remedies in court to maintain status or to protect assets or property until arbitration has commenced and the selected arbitrator has had an opportunity to resolve the request for temporary relief.
Each party is required to continue to perform its obligations under these Terms of
under the circumstances.
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.
Our failure 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 made in writing and signed by a duly authorized representative of ZULTANITA.
14.There are no third party beneficiaries.
These Terms do not, and are not intended to, confer any rights or remedies on any person other than you.
(a) To you. We may provide you with any notice under these Terms by: (i) sending a message to the email address you provide or (ii) by posting on the Site. Notices provided by email will be effective when we send the email and notices we provide by posting will be effective at the time of posting. It is your responsibility to keep your email address up to date.
(b) To Us. To notify us under these Terms, you must contact us as follows: by personal delivery, overnight courier, or certified mail at 208 Parcelas Punta Palmas Calle Perla, Barceloneta, PR 00617 d/b/a ZULTANITA, We may update the address on notices for us by posting a notice on the Site or by 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 any remaining provisions of these Terms.
These Terms shall be deemed the final and integrated agreement between you and us on the matters contained in these Terms.