Last update: January 13, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and definitions

Interpretation

Words whose initial letter is capitalized have defined meanings under the following conditions. The following definitions will have the same meaning regardless of whether they appear in the singular or plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other management authority.
• Account means a unique account created for you to access our Service or portions of our Service.
• Country refers to Peru
• Company (referred to as "the Company", "We", "Us" or "Our" in this Agreement) refers to Peruvian Whistling Bottles Vitancio SRL, a company located at Urb. Picchu la Rinconada N-1, Cusco 08001, Peru.
• Device means any device that can access the Service, such as a computer, cell phone or digital tablet.
• Products refers to the items offered for sale in the Service.
• Orders means a request by you to purchase our Products.
• Service refers to the website.
• Terms and Conditions (also referred to as "Terms") refer to these Terms and Conditions which form the entire agreement between You and the Company with respect to the use of the Service.
• Third party social networking means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
• Website refers to Peruvian Whistling Bottles Vitancio, accessible from https://josevitancio.com
• You means the person accessing or using the Service, or the company or other legal entity on behalf of which such person is accessing or using the Service, as applicable.

Recognition

These are the Terms and Conditions that govern the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set forth the rights and obligations of all users with respect to the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access the Service.

You declare that you are over 18 years of age. The Company does not allow minors under 18 years of age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes Our policies and procedures regarding the collection, use and disclosure of Your personal information when You use the Application or the Website and informs You of Your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our service.

Placing Product Orders

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

Your information

If You wish to place an Order for Products available on the Service, You may be asked to provide certain information relevant to Your Order, including, but not limited to, Your name, Your email address, Your telephone number, Your credit card number, Your credit card expiration date, Your billing address and Your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit or debit card or other method of payment in connection with any Order; and (ii) the information you provide to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third party payment processors for the purpose of facilitating the completion of your order.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons, including, without limitation:

• Availability of goods
• Errors in the description or pricing of the goods
• Errors in your Order

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Your rights to cancel and return an order

Any Product you purchase can only be cancelled within 24 hours from the time the Order was placed.

Any Product you purchase can only be returned in accordance with these Terms and Conditions and Our Return Policy.

Our Return Policy is part of these Terms and Conditions. Read our Return Policy for more information about your right to cancel your order.

Your right to return an Order only applies to Products that are returned in the same condition in which you received them. You must also include all Product instructions, documents and packaging. Products that are damaged or are not in the same condition in which you received them or that have been used simply after opening the original packaging will not be refunded. Therefore, You must take reasonable care of the Products purchased while they are in Your possession.

We will reimburse you no later than 14 days from the day we receive the returned Products. We will use the same means of payment you used for the Order and you will not incur any charge for such refund.

You shall not be entitled to cancel an Order for the supply of any of the following Products:

• The provision of digital content that is not provided on a tangible medium if performance has begun with your prior express consent and you have acknowledged your loss of the right to cancel.

Availability, errors and inaccuracies

We are constantly updating Our Product offerings on the Service. Products available on Our Service may be incorrectly priced, inaccurately described or unavailable, and We may experience delays in updating information about Our Products on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and correct errors, inaccuracies or omissions at any time without notice.

Pricing Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

Prices quoted may be revised by the Company after acceptance of an Order in the event of any incident affecting delivery due to governmental action, variation in customs duties, increased shipping charges, increased currency exchange costs and any other matter beyond the Company's control. In that event, you will have the right to cancel your order.

Payments

All Products purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express, Diners Club or online payment methods (PayPal, for example).

Payment cards (credit or debit cards) are subject to validation and authorization checks by your card issuer. If we do not receive the required authorization, we will not be responsible for any delay or non-delivery of your order.

User accounts

When You create an account with Us, You must provide Us with accurate, complete and current information at all times. Failure to do so constitutes a violation of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for protecting the password You use to access the Service and for any activity or action under Your password, whether Your password is from Our Service or a third party social networking Service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a user name the name of another person or entity or that is not legally available for use, a name or trademark that is subject to any rights of any person or entity other than you without proper authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark and other laws both in the Company's country and in other countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly encourage you to read the terms and conditions and privacy policies of any third-party website or service you visit.

Termination

We may terminate or suspend Your Account immediately, without notice or liability, for any reason, including, without limitation, if You breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply stop using the Service.

Limitation of liability

Notwithstanding any damages You may incur, the aggregate liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the quantity actually paid by You through the Service.

To the fullest extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages (including, without limitation, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way connected with the use of or inability to use the Service, third party software and/or third party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply. In such states, each party's liability shall be limited to the greatest extent permitted by law.

Disclaimer "AS IS" and "AS AVAILABLE".

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company makes no warranty or commitment, and makes no representation of any kind that the Service will meet Your requirements, achieve the intended results.

Without limiting the foregoing, neither the Company nor any of the Company's suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content and materials or products. included therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through the Service; or (iv) that the Service, its servers, content or emails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, computer worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer's applicable legal rights, so some or all of the above exclusions and limitations may not apply to you. But in such case, the exclusions and limitations set forth in this section will apply to the fullest extent enforceable under applicable law.

Law in force

The laws of the Country, excluding its conflicts of laws rules, will govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws.

Dispute resolution

If you have a concern or dispute about the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.

For European Union (EU) users

If you are a consumer in the European Union, you will benefit from the mandatory provisions of the law of the country in which you reside.

U.S. legal compliance

You represent and warrant that (i) you are not located in a country that is subject to U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country, and (ii) you are not included on any U.S. government list of prohibited or restricted parties.

Divisibility and waiver

Divisibility

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and interpreted to achieve the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

Waiver

Except as provided herein, failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall it constitute a waiver of a breach of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available on our Service. You agree that the original Spanish text shall prevail in the event of a dispute.

Changes to these Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will use reasonable efforts to provide at least 30 days' notice before the new terms become effective. What constitutes a material change will be determined in Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please discontinue using the website and Service.

Contact us

If you have any questions about these terms and conditions, please contact us at questions@josevitancio.com.