P’OOK HATS, TERMS AND CONDITIONS OF USE
1. AGREEMENT TO TERMS
Thanks for choosing P’OOK HATS (P’ook by Arlop). (“we,” “us” or “our”). These Terms and Conditions apply to all visitors and clients and provides access to and use of the website www.pookhats.com, including content features on social media (Facebook, Instagram, etc.) or otherwise connected thereto (collectively, the “Site”).
The Site is protected by the copyright system and are the sole and exclusive property of the registered trademark owner P’OOK HATS BY ARLOP.
By accessing or using the P’OOK HATS platforms you agree to be bound by these Terms and Conditions.
3. PAYMENT SERVICE
By using the Site to buy or sell with every transaction completed within your legal capacity you agree to comply with these Terms and Conditions.
4. INTELLECTUAL PROPERTY RIGHTS
The Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, foreign jurisdictions, and international conventions.
5. USER REGISTRATION
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
All users who are minors under the age of 18, must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
6. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or economic rights of any third party.
The creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions. The written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
Contributions do not violate any applicable law, regulation, or rule, do not violate the privacy or publicity rights of any third party.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
7. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately contact us email@example.com for any inquiry.
8. SHIPPING POLICY
The site will send all orders throw a delivery company. The site serves only as an intermediary between you and the applicable Carrier. You are responsible for damages and stolen orders. To be eligible for a refund or exchange please contact us before returning the order.
9. PRODUCT DESCRIPTION
All the information on the Site about the products are only illustrative. Always read the labels, instructions, precautions before use any of the products.
P’OOK HATS are hand made with toquilla straw, breaded artisanal, colored with natural pigments extract from plants and woods. Our products can lightly change in color, embellishments or dimensions compare with the ones showing in the Site. If you are not satisfied with the final product, please follow the return policy described on point 12 in this contract.
All products on the Site includes all local and federal tax, unless indicates the contrary. The site suggests a listing price for the public on every product or service.
11. GUIDELINES OF THE PRODUCTS AND SERVICES
The price listed are estimations, when you order a product on the site, we will send you a confirmation order. If the product is out of stock the site will not charge the payment or return the payment in the next 48 hours.
12. REFUND POLICY
You have 14 calendar days to return an item from the date you received it. To be eligible for a return must follow this step:
1. Send an email to firstname.lastname@example.org, the site will send a shipment number for free recollection of the product.
2. Fill the refund format sent by the site.
3. Place the refund format inside the package or send it by email at email@example.com.
4. Place the recollection shipment number visible on the package.
5. Give the package to the shipment company.
The product can be exchange if you have a different size and have the same price. The product must be:
a) In the original packaging and without alteration, scratches.
b) The site will review the package and will send an e mail in the next 72 hours with the assessment of the review of the product and the instructions to follow for refund or exchange.
c) The site only refunds or exchange the products acquired in our platform, we don’t exchange products sold by third parties, you must contact them directly.
d) No refunds or exchange products on final prices, discounts, on sale unless the product is damage or broken.
e) The products sizes can be exchange one time.
For international orders, customers will follow the same steps and are responsible for the shipment and additional cost of sending the item(s) back. The site only guarantees the cost of the product.
The products are not true to size; please click for guidance HERE.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
16. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted by Procuraduría Federal del Consumidor ("PROFECO") or in the state and federal courts located in Leon, Guanajuato, Mexico and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in such state and federal.
17. CONTACT US
Our office is located Blvd. El Maguey Núm. Ext. 2306 Núm. Interior. Local 1, Colonia Benito Juárez, C.P. 36446, San Francisco Del Rincón, Guanajuato, México, send an email to firstname.lastname@example.org