© 2020 Raul Peñaranda, LLC
1. General Terms
These Terms and Conditions of Sale, as amended from time to time, govern your access and use of the U.S. online store for Raul Peñaranda LLC products via Raul Peñaranda LLC (hereafter referred as the “Website”). YOU ENTER INTO A BINDING CONTRACT UNDER NEW YORK LAW BASED ON THESE TERMS AND CONDITION OF SALE WITH RAUL PENARANDA LLC (HEREAFTER “RAUL PENARANDA LLC,” “VENDOR,” “WE,” “US” OR “OUR”) IF YOU ACCESS OR USE THE WEBSITE, OR PURCHASE ANY PRODUCTS ON THE WEBSITE. If you do not want to agree to these Terms, you must leave the Website and cease any access, use or purchase activities.
In order to meet our customers' needs and expectations, we have decided to create a distance sales network for certain products via the Website, in parallel with our network of direct and exclusive sales points. The list of Raul Peñaranda LLC products available for distance sale (via internet) is available on the Website.
1.1 Governing Law and Choice of Forum
These Terms and Conditions of Sale are applicable to all distance sales of Raul Peñaranda LLC products via the Website. These Terms and Conditions of Sale, and any disputes arising out of or relating to these Terms and Conditions of Sale, shall be governed by the laws of the State of New York, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. All legal proceedings arising out of or in connection with these Terms and Conditions of Sale shall be brought exclusively in the City of New York, State of New York.
1.2 Disclaimers and Limitations
Website use and any purchase is “as is” and at your own risk. We make no express REPRESENTATIONS OR WARRANTIES OF ANY KIND regarding the accuracy or completeness of information on this Website or the condition, features or availability of products described or offered for sale on this Website. We DISCLAIM ALL implied WARRANTIES and representations, INCLUDING BUT NOT LIMITED TO the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Product descriptions and photos are for informational purposes only and may not completely match the products, given their unique character and frequent changes in design. Although we take all appropriate measures to ensure the photographs on the Website faithfully represent the original products, certain variations are possible due to individual computer’s technical capabilities. Therefore, we are not responsible for any inaccuracies in the graphic representation of Raul Peñaranda LLC products displayed on the Website.
Excluding cases of defective products, willful default or gross negligence, we cannot be held liable to the Customer for any direct or indirect damage caused to him/her by the purchase of products offered for sale on the Website. In case of non-fulfillment of its obligations under the purchase agreement occurred with the Customer, Raul Peñaranda LLC liability will be in any case limited to the price paid by the Customer for the relevant purchased product(s).
RAUL PENARANDA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, PROFITS, or REVENUE, OR COST OF COVER, or any similar or other damages ARISING FROM THE USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCT. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF RAUL PENARANDA LLC was ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY of the limited REMEDIES HERE UNDER FAIL OF THEIR ESSENTIAL PURPOSE.
If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of Raul Peñaranda LLC to you for any type of damages resulting from your purchase of a product shall be limited to the greater of the actual amount paid by you for any products offered on the Website or U.S. $200.00.
1.3 Access and Use of the Website
The use of the distance sales service described herein is reserved solely for customers. The term “Customer” is to be understood as any physical person making purchases for purposes unrelated to their business, commercial, artisanal or professional activity. The resale, rental or transfer for commercial or professional reasons of products purchased on the Website is strictly forbidden.
We may modify these Terms and Conditions of Sale at any time. Therefore, the Customer is asked to accept the Terms and Conditions of Sale in force at the time of purchase. These Terms and Conditions of Sale are published on the Website for the Customer's knowledge, storage and reproduction. By clicking on the relevant boxes before placing an order on the Website, the Customer fully and unreservedly accepts these Terms and Conditions, which form an integral and substantial part of these procedures.
These Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than Raul Peñaranda LLC, even in cases in which they are presented on the Official Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than the Vendor, the Customer is invited to check the conditions of sale applied by said third parties. In no case can the Vendor be held liable for the provision of services by third parties.
By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside the U.S. or any commercial resale. You may purchase up to four items per individual article, except when otherwise indicated on the product page on the Website. We reserve the right to reject orders and further limit order quantities in our sole discretion at any time.
1.5 Vendor Identification
For the purposes of these Terms and Conditions of Sale, the vendor is Raul Peñaranda LLC, a NEW YORK STATE corporation, email: firstname.lastname@example.org
1.6 Force Majeure
Performance of services by Raul Peñaranda LLC may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.
We will inform the Customer of said unforeseeable circumstance or force majeure within [SEVEN] days of its occurrence. Should the suspension of the services last more than 30 days, the Customer may cancel the order and receive a refund of all amounts already paid, as in article 6 hereof.
1.7 Product Authenticity and Intellectual Property Rights
Raul Peñaranda LLC sells products covered by the Raul Peñaranda LLC trademark. We guarantee the authenticity and quality of all the products sold on the Website.
Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.
Reproduction in whole or in part, modification or use of drawings, models or patents that are the exclusive property of Raul Peñaranda LLC is also strictly forbidden.
If any provision of these Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.
1.10 Entire Agreement and Admissibility
The Terms and Conditions of Sale and any policies or operating rules posted on the Website constitute the entire agreement and understanding between you and Raul Peñaranda LLC with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions of Sale shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
2. Product Orders
Orders may be placed in English via the Website, or from our Customer Service, Monday to Saturday, from 9am to 6pm EST, excluding US FEDERAL HOLIDAYS. All orders are processed Monday through Friday, excluding US FEDERAL HOLIDAYS.
A valid e-mail address is required from the Customer in order to receive information concerning the Terms and Conditions of Sale and any information concerning the order.
2.1 Item Selection
Each distance sale order made by the Customer covered by these Terms and Conditions of Sale may be for one or more products, up to a maximum of 6 products per order, of which a maximum of 2 products can be of the same article.
We reserve the right to modify the limits for the quantity and/or types of products that may be purchased via distance sales, at any time.
The Customer is responsible for selecting the articles of interest to him/her. In the Customer's ‘shopping bag’ and contained within the Customer’s order summary includes a description of the product(s) ordered, including measurements and sizes (where applicable), the total price of the products ordered including shipping costs and a digital photograph which provides a representation of the products available on the Website.
The Customer must click on the ‘shopping bag’ icon to view the selected article(s) and total price of the article(s) ordered. The Customer is asked to verify the content of the ‘shopping bag’ before completing the purchase form in accordance with the instructions provided on the Website, and to confirm that a payment shall be due by him/her and that he/she has read and accepted these Terms and Conditions of Sale and Use.
Should the Customer need to modify an article or quantity or correct any errors in the order, he/she should follow the instructions on the Website.
2.2 Product Prices
By submitting your order via the Website, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. The price of each product is displayed for the Customer prior to completion of the order. The total price including shipping costs is displayed in the Customer’s ‘shopping bag’ in the third step of the checkout called ‘Check your order.’ All prices are in USD.
2.3 Completing the Order
The order procedure is complete once the Customer confirms and submits the order. Upon confirmation, the order is received by Raul Peñaranda LLC. Following this, the costumer receives a thank you message confirmation and the order is validated by Raul Peñaranda LLC.
The Customer may automatically cancel the order before its confirmation by exiting the Website.
Therefore, before sending the order form to purchase products online, the Customer may carefully read and accept these Terms and Conditions of Sale, which includes information on product returns. The Customer can print and save or reproduce this document for his/her personal use; moreover, the Terms and Conditions of Sale are always available via the [“Legal Area”] section of the Website.
The Customer’s order(s) will be binding once the entire order procedure has been completed properly, without errors being identified on the Website. The contract between the Customer and us is to be concluded when the Customer receives confirmation of successful completion from us at the e-mail address provided during the order process. The Customer will also receive a shipping confirmation email with a tracking number once the purchase has been sent.
In any case, Raul Peñaranda LLC reserves, at its discretion, the right to decide whether or not to accept orders which are incomplete or incorrect or if the products are unavailable or the Customer is not a “customer” as defined above. In such event, Raul Peñaranda LLC will inform the Customer that the contract is not concluded and that we will not be following up on the order, providing its reasons for doing so. The Customer is informed within [two (2)] business days of submission of the order to Raul Peñaranda LLC. Any amounts already paid by the Customer for the order will be reimbursed.
Following conclusion of the contract, the Customer will receive written confirmation of the order at the indicated e-mail address, including the return number and date of purchase, the product(s) ordered, the prices of products and shipping, and the total amount to be reimbursed. The Customer may access the Terms and Conditions of Sale in the [“Legal Area”] section, from which these documents can be printed.
2.4 Conditions of payment
The Customer must make payment via one of the methods of payment indicated on the order form.
We accept the following credit cards:
[ACCEPTED CREDIT CARDS]
For payment via credit card, the transaction will be charged to your credit card once your order has been accepted and you receive by email the confirmation of its successful completion.
For payment, the Customer must confirm on the Website that he/she is the card holder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiration date and security code indicated on the card. Upon completing the order, the Customer's bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen. If the credit card cannot be verified as belonging to the person placing the order, the order will not be processed.
We do not debit any amount from the credit card until your order has been accepted and you receive by email the confirmation of its successful completion. We do not apply extra costs for credit cards payments. If, for any reason, the amounts due by the Customer cannot be debited, the sale process and sale are automatically cancelled.
Please note that all orders are subject to verifications, in particular the billing and shipping addresses and the means of payment. If required, we may request additional identification information. Such verifications can extend the delivery time for up to [two (2)] additional business days from those quoted in the order confirmation.
3.1 Delivery Tracking
An e-mail sent by us to the Customer contains a tracking code and an exclusive link to track the shipment in real time. Our Customer Service can provide assistance for any delivery problems. The Customer can also contact our Customer Service by telephone or e-mail to request information on the delivery.
3.2 Delivery Location
Products purchased via the Website may only be delivered to an address within the United States of America (excluding Alaska, Hawaii and Puerto Rico). At this time, we can only ship to one address per order. To ship to multiple addresses, please place a separate order for each location.
The Customer may request delivery to the physical person of his/her choice, whose residence or domicile is within the U.S. All orders are delivered by UPS. In order to meet customers' needs and expectations we only use Express delivery. The shipping costs for such orders will be charged to the Customer. For security reasons, all Raul Peñaranda LLC online purchases require the signature of the Customer, or their legal representative in case the Customer is a minor aged under 18 upon delivery. Accordingly, no deliveries will be made to post office boxes, collection points or General Delivery addresses.
If no one is available to sign for the package, the courier will make a total of two (2) delivery attempts contacting the consignee. If there is still no one available to sign for the package, after 5 days with no communication, the package will be returned to the sender.
The products purchased online are delivered to the address indicated by the Customer only once the payment of the order has been registered, except where Raul Peñaranda LLC informs the Customer of non-acceptance of the order pursuant to Article 2.3 above.
3.3 Shipping Costs
All shipping costs, including additional costs charged to the Customer are itemized in the order form at the time of purchase on the Website. Shipping costs are refunded in the case of full order returns within 30 days.
3.4 Loss, Damage or Delay
The delivery may be delayed depending on order verification and availability of the products. Raul Peñaranda LLC is not responsible for any unexpected delays occurring during the shipment by UPS.
The Customer is responsible for the loss or damage to the products ordered, for which we are not responsible, beginning at the time at which the Customer or a third party designated by the Customer (other than the carrier appointed by Raul Peñaranda LLC) takes material possession of the products.
The products are the Customer’s responsibility upon completion of delivery. The Customer should check that all products received against his/her order as soon as possible and make sure they reflect what was ordered and that the products delivered are not damaged or not as described.
Should the Customer make a claim for loss, non-compliance or damage to the product and if we agree that the products received by the Customer do not reflect what was ordered or they are damaged or not as described, we will refund the Customer (in full, including all delivery costs if applicable), upon express Customer request, according to the terms and conditions described below. [Please note exchanges are not possible at this time.] Damaged goods being returned must be in the condition in which the Customer received them; the Customer must not mishandle them or attempt to modify or repair them. It is not possible to make returns at Raul Peñaranda LLC retailers.
The delivery terms may vary due circumstances not attributable to Raul Peñaranda LLC.
4. Returns and Refunds
Returns must be completed within 14 (fourteen) days of delivery to the Customer or a third party.
Raul Peñaranda provides free returns of unworn items if sent back within 14 days of receipt. All merchandise must be in its original condition and have all tags and labels in tact. If the item is being exchanged, shipping of the replacement will be free. If returned, the original shipping and handling charges will not be refunded.
SALE ITEMS: any items that are marked down by 50% or more are final sale. For special promotions, please refer to promotion details page.
MAKING AN EXCHANGE OR RETURN
To request an exchange or return please email email@example.com. Within 24 hours you will receive an email with a shipping label attached as well as instructions for return. Please make sure merchandise: (1) is in its original condition, (2) is accompanied by a receipt and in its original packaging and (3) has all tags and labels intact. In case of a return, we will not be able to issue a full refund if the above is not fulfilled.
Please note that refunds will be processed up to 48 hours after receipt of returned items. You will be notified via email once your return has successfully been completed.
Damaged goods being returned must be in the condition in which the Customer received them; the Customer must not attempt to modify, handle or repair them.
If you request a return via our Customer Care after our 30 day policy period has terminated and it is accepted, we will reactivate the online return procedure.
We reserve the right, at our sole discretion, to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.
We also reserve the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products. We cannot be held liable for lost or stolen products beyond our control, or for returns to the wrong address, or for delivery delays of returned products beyond our control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.
In the event of a return of the entire order, the Customer will be refunded all payments made to us, according to the method of payment chosen for the purchase, and for the product being returned, including standard delivery costs.
Return shipping is free of charge if you use UPS and if you duly follow the return procedure (link). If you decide to return using a different delivery service, costs will be at your expense and we will not be able to accept liability for lost or damaged returns.
The refund will be issued straight after the return has been accepted directly to the Credit/Debit Card or PayPal account used to make the original purchase and in the same currency. Refunds are at no charge to the Customer.
It is not possible to make returns at [COMPANY BOUTIQUES / RETAILERS]. Raul Peñaranda LLC merchandise purchased at [COMPANY BOUTIQUES / RETAILERS] must be returned to the [COMPANY BOUTIQUES / RETAILERS] where it was purchased, is subject to such [COMPANY BOUTIQUES / RETAILERS] return policy and cannot be returned via the Website.
5. SPECIAL TERMS AND CONDITIONS OF SALE FOR “Notify me” PRODUCTS
We offer our clients the opportunity to create an email notification for items that are currently in production or that have sold out and are on back-order.
In order to receive a message for future availability of a product, click the button ‘Notify me,’ complete the required information and submit. You will be placed on a priority waiting list and be among the first to receive a notification via email when the item is available. This procedure does not grant to you any booking right with regard to any relevant product. Once you receive the notification email you will need to complete the standard online procedure in order to purchase your desired product while it is still available.