The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and TuCaraDeCartel.com the website (the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We’ll refer to TuCaraDeCartel as “TuCaraDeCartel”, “we”, “our”, “us”, etc. TuCaraDeCartel is a print-on-demand online store for companies or persona who wish to purchase our products (“Products”) directly for you, for your company, for another company, or for another person (“Customers”).
If you use our Services only for your personal use, you are considered a “User”. If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a “Merchant”.
REGARDLESS IF YOU ARE A USER OR MERCHANT, SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST TUCARADECARTEL IN THE UNITED STATES.
1. Access & Membership
In order to enjoy all of TuCaraDeCartel’s benefits, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user’s TuCaraDeCartel account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TuCaraDeCartel immediately of any breach of security or unauthorized use of your account. Although TuCaraDeCartel will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of TuCaraDeCartel and others due to such unauthorized use.
TuCaraDeCartel may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users which TuCaraDeCartel has already confirmed. TuCaraDeCartel may also impose limits on certain features and Services or restrict the User’s access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to TuCaraDeCartel that you are at least 18 years of age, however, if you are an individual residing in Japan, you certify to TuCaraDeCartel that you are at least 20 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Without affecting orders for European Economic Area Users which TuCaraDeCartel has already confirmed TuCaraDeCartel reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after TuCaraDeCartel posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after TuCaraDeCartel posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send TuCaraDeCartel a written notification, including via email (and your TuCaraDeCartel account will be deleted), to close your account within 30 days of notice.
All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you post, submit, upload, display, sell or use, hereinafter “post”, using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).
Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured, or warehoused by TuCaraDeCartel. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by TuCaraDeCartel.
Permission to Use the Content. TuCaraDeCartel agrees that any Content that you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.
Rights You Grant TuCaraDeCartel. By posting your Content, you grant TuCaraDeCartel a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote TuCaraDeCartel and/or your TuCaraDeCartel store, or the Services in general, in any formats and through any channels, including across any TuCaraDeCartel Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.
Reporting Unauthorized Content. TuCaraDeCartel respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
Intellectual Property. TuCaraDeCartel respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to TuCaraDeCartel, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws.
Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. TuCaraDeCartel will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. TuCaraDeCartel reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive proper notice of intellectual property infringement (via contact us or otherwise), TuCaraDeCartel strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When TuCaraDeCartel removes, blocks or disables access in response to such a notice, TuCaraDeCartel makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
DMCA Cooperation: TuCaraDeCartel’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, TuCaraDeCartel’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers.
Counter DMCA Notifications: If TuCaraDeCartel receives a DMCA counter notification, TuCaraDeCartel will send a copy of the counter notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs TuCaraDeCartel of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party. If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at the sole discretion of TuCaraDeCartel.
Repeat Infringement: TuCaraDeCartel may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by TuCaraDeCartel at its sole discretion.
4. Use of Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or TuCaraDeCartel. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against TuCaraDeCartel, another TuCaraDeCartel user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer TuCaraDeCartel’s Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above. You agree not to use the Services: (i) to impersonate or attempt to impersonate TuCaraDeCartel, any other TuCaraDeCartel Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “TuCaraDeCartel Parties”: (a) TuCaraDeCartel, (b) TuCaraDeCartel’s subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of TuCaraDeCartel and its subsidiaries, affiliated companies, and joint ventures.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm any TuCaraDeCartel Party or expose any of them to liability. You agree that TuCaraDeCartel reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of TuCaraDeCartel.
Follow Brand Guidelines. The name “TuCaraDeCartel”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of TuCaraDeCartel in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, TuCaraDeCartel does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by TuCaraDeCartel that TuCaraDeCartel provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). TuCaraDeCartel reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to TuCaraDeCartel (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
Communication Methods. TuCaraDeCartel will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to TuCaraDeCartel. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of TuCaraDeCartel’s Products and may not be used for other purposes or in conjunction with products from other manufacturers.
5. Content and Services
A. Items Your Clients Purchase Through Our Sites. You understand that TuCaraDeCartel cannot and does not make any warranties about your Content, stores, or what you sell to your Customer that we may warehouse. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release TuCaraDeCartel from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers or claims for physical injury or property damage by any of your Products that are warehoused for you by TuCaraDeCartel.
B. Content You Access. Your Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by others through the Services. TuCaraDeCartel is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you accessed through the Services. You release us from all liability relating to that content.
D. Services. TuCaraDeCartel is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee that:
i. the Services will be secure or available at any particular time or location – TuCaraDeCartel shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services. TuCaraDeCartel shall strive to ensure that the Services are carried out in other locations in case it is not possible to carry them out at the location the Services were initially intended to be performed at.
ii. any errors for which TuCaraDeCartel is responsible will be corrected;
iii. the Services will always be free of viruses or other harmful materials; or
iv. the results of using the Services will meet your expectations.
You use the Services solely at your own risk.
E. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TUCARADECARTEL NOR ANY OTHER TUCARADECARTEL PARTY SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE TUCARADECARTEL PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limited Warranty on Products
Does not apply to Users residing in the European Economic Area.
Limited Warranty. We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”).
Who May Use This Warranty? TuCaraDeCartel extends the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product.
What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, TuCaraDeCartel acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by TuCaraDeCartel in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Your rights in the case of lack of conformity
If you are a User residing in the European Economic Area, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees below apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by TuCaraDeCartel, as well as any costs related to the delivery to you of the repaired or replaced product.
8. Responsibility of Site members and visitors
Violation of this Agreement or any other rules will result in the termination of your TuCaraDeCartel account.
TuCaraDeCartel and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, TuCaraDeCartel and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TuCaraDeCartel or submitted to TuCaraDeCartel, including without limitation information in TuCaraDeCartel collaborations, posts and in all other parts of the TuCaraDeCartel Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing TuCaraDeCartel with accurate and truthful information (including but not limited to your name and surname if you are a User or retail price if you are a Merchant). If you have provided TuCaraDeCartel with inaccurate or false information, (a) you shall be liable to TuCaraDeCartel for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to TuCaraDeCartel, and (c) TuCaraDeCartel shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
9. Payments and fees
You may choose to save your billing information to use it for all future orders and charges associated with TuCaraDeCartel Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse TuCaraDeCartel for damages resulting from such unauthorized use.
With regard to payment methods, you represent to TuCaraDeCartel that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you or your Customer makes any return which does not comply with our return policies (which are described here), you will reimburse TuCaraDeCartel for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback).
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
TuCaraDeCartel at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events TuCaraDeCartel may use or participate in.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
In some states in the US and countries, TuCaraDeCartel may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).
In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer’s (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case TuCaraDeCartel will not make any refunds and will not resend the Product. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with TuCaraDeCartel’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to TuCaraDeCartel investigation and sole discretion.
12. Description of products
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
13. Purchase of products
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. TuCaraDeCartel will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact TuCaraDeCartel.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
To the fullest extent permitted by law you release us and all other TuCaraDeCartel Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any TuCaraDeCartel Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by TuCaraDeCartel (or for which TuCaraDeCartel provides no guarantees) under this Agreement, or (b) for which TuCaraDeCartel is otherwise indemnified or released by you under this Agreement.
To the fullest extent permitted by law you will defend, indemnify, and hold TuCaraDeCartel and the other TuCaraDeCartel Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the TuCaraDeCartel Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) if you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by TuCaraDeCartel. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
17. Governing Law
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of United State of America, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are an User living in the European Economic Area or Switzerland the laws of the Republic of Latvia will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
18. ARBITRATION AND JURY TRIAL WAIVER
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area or Switzerland against TuCaraDeCartel in European Economic Area. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless TuCaraDeCartel and you agree otherwise, any arbitration hearings will take place in Washington DC, except that, for Users, any arbitration hearings will take place in the county of your residence. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and TuCaraDeCartel acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and TuCaraDeCartel agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TUCARADECARTEL KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND TUCARADECARTEL WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND TUCARADECARTEL KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and TuCaraDeCartel shall each bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
19. Privacy and Personal Data Processing
If you are a Merchant and provide us with your customers’ personal data, our Data Processing Terms, which are incorporated in this Agreement by reference, apply.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
TuCaraDeCartel will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in TuCaraDeCartel’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
TuCaraDeCartel at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area and such transfer or assignment may reduce your guarantees under this Agreement, then TuCaraDeCartel will ask for you permission beforehand.
If you have any questions about this Agreement, please contact us.