Terms and Conditions
Welcome to ibericoscovap.com
These Terms and Conditions Agreement (the “Terms”) explains the terms and conditions for using our Service and website available at https://www.ibericoscovap.us/ and forms a legally binding contract between you and COVAP USA (hereinafter “COVAP,” “we,” or “us”). We encourage you to read these terms carefully as this policy aims to inform you about the rules that govern your relationship with us as regards your use of this website, https://www.ibericoscovap.us (“our site”), whether as a guest or a registered user. Please ensure to go through these terms carefully before you start to use the site.
Privacy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to these terms
COVAP reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means.
Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
Eligibility
If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
License & Site Access
Subject to your compliance with these terms, COVAP grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of COVAP. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of COVAP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of COVAP and its affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Site’s or COVAP’s name or trademarks without the express written consent of COVAP. Any unauthorized use terminates the permission or license granted by COVAP.
Copyrights and Ownership
All Site Materials made available to you through the website are owned by us and others and are protected by the United States and international copyright, trademark, and other laws.
Trademarks
COVAP, ibericoscovap.us (and other trademarks owned by COVAP), and their respective designs and/or logos are either trademarks or registered trademarks of COVAP and may not be copied, imitated or used, in whole or in part, without the prior written permission of COVAP.
Registration and Account Security
In order to be able to make purchases on the Site you may be required to register and create an account. You can also make use of the service and make purchases as a guest without the need to register and create an account. In the event that you create an account with us, you have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, you agree to receive promotional communication and newsletters upon registration. You have the right to opt-out either by unsubscribing in “My Account” or by contacting the customer service.
You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your Account.
You must notify us immediately of any unauthorized use of your account and any other breach of security.
We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. You may not transfer your account to any other person, and you may not use anyone else’s account at any time without the permission of the account holder
Pricing and Payment
Our inventory availability and listing prices are subject to change at any time without notice. In order to maximize the selection of items available for sale, COVAP reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart.
Unfortunately, pricing or typographical errors may occur in price. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item.
In order to make a purchase, you must have a valid payment method such as PayPal, Credit card or a Debit card.
Cancellation By Site / Customer
You as a customer can cancel your order anytime before the shipment of the order for which you have placed an order. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders.
Return & Refunds
We have a “no questions asked return and refund policy” which entitles you to return the product within 30 days from delivery date if due to some reason you are not satisfied with the quality or freshness of the product. To initiate a return, kindly contact our support team for a pre-paid return shipping label. We will send you a return label to help you process your return.
Refunds will be issued to the original form of payment.
Unlawful and Prohibited Uses
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. By making use of the COVAP services, you are agreeing to non-dissemination of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. You agree not to engage in any of the following activities such as:
- Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Sharing unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
- Gaining unauthorized access to other computer systems.
- Making use of our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner.
- Breaching any applicable laws.
- Interfering or disrupting networks or web sites connected to the Site.
- Referring to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
- Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
Colors and Display
We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
User Reviews, Feedback and Submissions
COVAP welcomes your reviews, feedback, and other communications, photos, videos, or any other content that you submit through or to the website, or any content or information you publish through any social media and allow COVAP to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, “User Content”) as long as the User Content submitted by you complies with these Terms. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site shall be and remain the property of COVAP. Such disclosure, submission or offer of any User Content shall constitute an assignment to COVAP of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. Thus, COVAP owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Content. COVAP will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. COVAP is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; or (3) to respond to any User Content. You agree that any User Content submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights (s), and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
COVAP does not regularly review posted User Content but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Site. You grant COVAP the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make, and you agree to indemnify COVAP and its affiliates for all claims resulting from any User Content you submit. COVAP and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
Termination
This User Agreement is effective unless and until terminated by either you or COVAP. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. COVAP may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to COVAP. Upon any termination of the User Agreement by either you or COVAP, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. COVAP’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Links to our Site
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Sites, provided such link does not portray COVAP or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any COVAP trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page, or form contained on a page without COVAP’s express written consent. All other linking is prohibited without prior consent from COVAP. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of COVAP or any third party.
Links to Other Sites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Disclaimer of Warranties and Limitation of Liability
THE INFORMATION MADE AVAILABLE TO YOU THROUGH OUR SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR SERVICE/WEBSITE WILL BE CORRECTED.
INFORMATION MADE AVAILABLE TO YOU VIA THE SERVICES SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.
Indemnity
You agree to defend, indemnify and hold harmless COVAP, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to COVAP or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of the state of New York without regard to its conflicts of laws provisions.
Any dispute or difference either in interpretation or otherwise, of any terms of this terms between the parties hereto, the same shall be referred to an independent arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business.
Force Majeure
COVAP will under no circumstance be responsible in case of inability to provide the service, if this occurs due to a prolonged interruption of the power supply or telecommunication lines, or social conflict, strike, revolt, explosion, flood, act or omission of the Government and, in general, all cases of force majeure or unforeseen circumstances.
No Waiver
COVAP’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COVAP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Severability
If any provision of the Site Terms is found to be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Contact Information
If you have any questions about these Terms or the Services or Products, please contact COVAP at [email protected] or write to us at 379 W Broadway 2nd floor, New York, NY 10012-5125.
