Welcome to the magalytiburcio.storeonline store (the "Site"), organized under the laws of the Dominican Republic. Throughout the site, the terms "we", "us" and"our" refer to the online store (the "Site").
By visiting our site and/or purchasing something from us, you are participating in our "Service"and agree to be bound by the following terms and conditions ("Terms ofService"), including any additional policies, referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site. Any new features or tools added to the current store will also be subject to the Terms of Service.
It is your responsibility to check this page periodically for changes. Your use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
A breach or violation of any of the Terms will result in immediate termination of your Services. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Website or use any Services.
2. General terms and conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, its use, accessor any contact on the site through which the Service is provided, without our express written permission.
3. Accuracy, completeness, and timeliness of information.
Due to the digital nature of the Services and the possibility of errors in the storage and transmission of information, we do not guarantee the accuracy and security of information transmitted or obtained, unless expressly stated otherwise. All descriptions displayed on the Services are provided "as is" without express or implied warranties or conditions except as provided by law. In this regard, if you are contracting as a consumer or user, we are obligated to deliver products that are in conformity with the mutually intended transaction, in accordance with reasonable commercial expectations, being liable to you for any lack of conformity that exists in the quality of delivery.
4. Modifications to the service and prices
Prices and descriptions of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) 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 Service.
5. Products or services (if applicable)
Certain products or services may be available exclusively online through the website. Any offer for any product or service made on this site is void where prohibited.
We have made every effort to display as accurately as possible the colors and image of our products that appear in the store; however, we cannot guarantee that the display on your computer monitor will be accurate. We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations.
6. Accuracy of billing and account information.
We reserve the right in our sole discretion, but are not obligated, to limit or refuse sales of our products or services to any person, geographic region or jurisdiction. In the event that we make a change to or cancel an order, we may attempt to notify you via email and/or the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate account and purchase information for all purchases made at our store and to promptly update your account and other information so that we can complete your transactions and contact you as needed.
7. Shipping Policy
To ensure timely delivery of the parts to our customers, we handle the following standard times, after the purchase is confirmed and payment is made:
- International Transit Items: 5 -10 business days (variation subject to shipping location)
- Domestic transit items: 3 - 5business days
- Pick up at the store:
---- C/Elila Mena #3, sector La Julia, Santo Domingo, Distrito Nacional, R.D.
---- Vimenpaq Branches, within the national territory, Dominican Republic.
These times are subject to change according to the delivery point and/or force majeure situations. When you make each purchase, we will update you the delivery date of the package.
7.1 Shipping Rates.
Shipping rates are calculated based on weight, total order value and delivery point. You can see the shipping rate of your order at checkout.
7.2 Order and shipping confirmati one-mails.
After placing your order, you will receive a confirmation email to the address provided. In addition, you will receive an email with a tracking number with which you can validate the status of your order; once completed, you will not be able to cancel it.
8. Refund / Return Policy
8.1 Returns.
Our policy has a duration of 15 days. If 15 days have passed since your purchase, unfortunately we cannot offer you an exchange.
8.2 Eligibility.
To be eligible for an exchange the part must comply with:
- The item must be unused and in the same condition in which you received it, including the original packaging.
- Gift cards, sale or discounted items are exempt from redemption.
- The receipt or proof of purchase must be counted and attached.
8.3 Partial refunds.
We grant partial refunds (if applicable) under the following conditions:
- Any item that is not in its original condition, is damaged or missing parts for reasons not due to our error.
- Any item that is returned more than 15 days after delivery.
8.4 Exchanges.
We only replace defective or damaged items. If you need to exchange it for the same item, please contact us by the means indicated in CONTACT INFORMATION.
8.5 Notification.
Once your return is received and inspected, we will send you an email to notify you of this process and thennotify you of the approval or rejection of your refund. If approved, we will apply a credit to your credit card or original payment method. If not approved, the corresponding part will be returned to the customer.
8.6 Gifts.
If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit forthe value of your return. Once the returned item is received, a gift certificate will be mailed to you.
8.7 Transportation.
To return or exchange your product, you must mail it to the physical address indicated in the CONTACT INFORMATION item.
You will be responsible for payingyour own shipping costs to return your item and are non-refundable. If you receive a refund, the cost of return shipping will be deducted from yourrefund. If you are shipping an item over USD$75, you should consider using atrackable shipping service or purchasing shipping insurance. We do notguarantee that we will receive your returned item.
9. Privacy Policy
9.1 Personal Information We Collect:
We automatically collect certain information about your device, including information about your web browser, IPaddress, time zone and some of the cookies installed on your device. Inaddition, as you browse the Site, we collect information about the individualweb pages or products you view, web sites or search terms that referred you tothe Site, and information about how you interact with the Site (referred to as "Device Information"). In addition, when you make or attempt to makea purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (includingcredit and debit card numbers), email address and telephone number (referred to as "Order Information").
When we refer to "Personal Information" in this policy, we mean both Device Information and OrderInformation. When you place an order through the Site, we will retain yourOrder Information for our records unless and until you ask us to delete thisinformation.
The technologies used to collectinformation are: "cookies", "log files", "webbeacons", "tags" and "pixels".
9.2 How do we use your personalinformation?
We use the order information wecollect generally to fulfill any orders placed through the Site, as well as: Communicate with you, review our orders for potential risk or fraud, provideyou with information or advertising related to our products or services, andgenerally to improve and enhance our Site.
9.3 Sharing your personalinformation
We share your personal information with third parties, including Google Analytics, to help us understand how our customers use the Site, for advertisements or targeted marketing communicationsthat we believe may be of interest to you.
9.4 Do not track
Please note that we do not change our Site's data collection and use practices when we see a Do Not Track signal from your browser.
10. Optional tools / third party links
You may be provided access to third party tools or links over which we do not monitor or have control. You acknowledge and agree that we provide access to such tools or links on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or related to your use of optional third partytools.
We may also, in the future, offer new services and/or features through the Website. Such new features and/orservices will also be subject to these Terms of Service.
11. User comments, feedback, and other submissions
If, at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials by any means, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any medium any comments you send to us. We are under no obligation (1) to maintain confidentiality; (2) to respond to or pay compensation for any comments.
You agree that your comments will not violate any third party right (copyright, trademark, privacy, personalityor other personal or proprietary right). You further agree that they will not be shared, nor will they contain defamatory or illegal, abusive or obscene material, or contain any computer virus or malicious code that may affect theoperation of the Service or related website.
You may not use a false e-mail address, pretend to be someone else, or otherwise mislead us and/or thirdparties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy; we assume no responsibility for such comments.
12. Errors, Inaccuracies, and Omissions
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, change or update information or cancel orders if any information on the Service or any related website is inaccurateat any time without notice (including after your order is submitted). We assumen o obligation to make such corrections except as required by law.
13. Prohibited Uses
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site orits content: (a) for any unlawful purpose; (b) solicit others to perform orparticipate in unlawful acts; (c) violate any local international, federal, provincial or state regulation, rule, law or ordinance; (d) infringe or violateour intellectual property rights or the intellectual property rights of others;(e) harass, abuse, insult, harm, defame, libel, slander, disparage, intimidateor discriminate on the basis of gender, sexual orientation, religion,ethnicity, race, age, national origin or disability; (f) submit false or misleadinginformation; (g) upload or transmit viruses or any other malicious code thatwill or may be used in any way that affects the functionality or operation ofthe Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. Wereserve the right to terminate your use of the Service or any related websitefor violating any of the prohibited uses.
14. Disclaimer of Warranty; Limitation of Liability
We do not warrant, represent, orguarantee that your use of our service will be uninterrupted, timely, secure,or error-free. We do not warrant that the results that may be obtained from theuse of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service atany time, without notice. You expressly agree that your use or inability to usethe service is at your own risk.
The service and all products provided to you through the Site (except where expressly stated by us) will be 'as is' and 'as available' for your use, without any representations,warranties or conditions of any kind, either express or implied.
In no event shall Magaly Tiburcio orits employees, suppliers, service providers or licensors be liable for anyinjury, loss, claim or any direct, indirect, incidental, punitive, special, consequential or punitive damages arising out of the use of any of the servicesor products purchased using the service, or for any other claim related to theuse of the service or any product. Because some states or jurisdictions do notallow the exclusion or limitation of liability for consequential or incidentaldamages, in such states or jurisdictions, our liability shall be limited to themaximum extent permitted by law.
15. Indemnification
You agree to indemnify, defend and hold harmless Magaly Tiburcio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, serviceproviders, subcontractors, suppliers, interns and employees, harmless from anyclaim or demand, including reasonable attorneys' fees, made by any third-partydue to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of athird-party.
16. Divisibility
In the event that any provision ofthese Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permittedby applicable law, and the unenforceable portion shall be deemed severable fromthese Terms of Service, such determination shall not affect the validity andenforceability of any other remaining provisions.
17. Termination
The obligations and liabilities ofthe parties incurred prior to the determination date will survive thetermination of this agreement for all purposes. These Terms of Service areeffective unless you or we waive them. You may waive them at any time by notifyingus that you no longer wish to use our Services or if you stop using our site.
If, in our sole discretion, youfail, or we suspect that you have failed, to comply with any provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including thedetermination date.
18. Complete agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiverthereof. These Terms of Service and any policies or operating rules posted byus on this site or with respect to the Service constitute the entire agreementand understanding between you and us and govern your use of the Service,superseding any other agreements or communications, whether oral or written,between you and us (including, without limitation, prior versions of the Termsof Service). Any ambiguity in the interpretation of these Terms of Serviceshall not be construed against the drafting group.
19. Applicable Law
These Terms of Service and anyseparate agreements whereby we provide you Services shall be governed by andconstrued in accordance with the laws of the Dominican Republic.
20. Changes in the terms of service
We reserve the right, at our solediscretion, to update, change or replace any part of these Terms of Service byposting updates and changes on our website.
Contact information
For more information about our policies, if you have questions, or if you would like to file a complaint,please contact us by e-mail aassistance@magalytiburcio.store or by mail usingthe details provided below:
MagalyTiburcio [Re: PrivacyCompliance Officer].
C /ElilaMena #3, sector La Julia, Santo Domingo, Distrito Nacional, R.D.