Online sales condition

Terms and Conditions 

 

  1. This document contains very important information about your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read it carefully.

These terms require the use of individual arbitration to resolve disputes, rather than jury trials. 

By placing an order for products or services from this website, you represent that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. 

You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not over (i) at least 18 years of age or (ii) of legal age to form a binding contract. with low duty free, or (c) are prohibited from accessing or using this website or any of the content, goods or services of this website by applicable law. 

These terms and conditions (these "terms") apply to the purchase and sale of products and services through Baja Duty Free (the "Site"). These terms are subject to change by baje duty free (referred to as "we", "us" or "our" as the context requires) without prior written notice at any time, at our sole discretion. Any changes to the terms will be effective as of the "last updated date" referenced on the site. You should review these terms before purchasing any products or services available through this site. Your continued use of this site after the “last updated date” will constitute your acceptance and acceptance of such changes. 

These terms are an integral part of the website terms of use which generally apply to the use of our site. You should also carefully review our privacy policy before placing an order for products or services through this site (see section 9). 

  1. Acceptance and cancellation of the order. You agree that your order is an offer to purchase, under these terms, all of the products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, including after we send you a confirmation email containing your order number and details of the items you have ordered.
  2. Prices and payment conditions.

(a) all prices, discounts and promotions published on this site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Published prices do not include taxes or shipping and handling charges. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate pricing information; However, on occasion, we may make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences. 

(b) we may, from time to time, offer promotions on the site which may affect prices and which are governed by terms and conditions separate from these terms. If there is a conflict between the terms of a promotion and these terms, the terms of the promotion will prevail. 

(c) Payment terms are at our sole discretion and, unless we agree otherwise in writing, payment must be received by us before we accept an order. We accept [list of approved credit cards/other payment methods] for all purchases. You represent and warrant that (i) the credit card information you provide to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) any charges incurred by you will be paid. you by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the site at the time of your order. 

  1. Shipping; delivery; title and risk of loss.

(a) we will arrange shipment of the products to you. Please see individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in processing, handling, packaging, shipping and delivering your order. 

(b) title and risk of loss pass to you when we transfer the products to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not responsible for any shipping delays. 

  1. Returns and Refunds. Except for products designated on the Site as final sale or non-returnable, we will accept the return of products for a refund of the purchase price, less the original shipping and handling costs, provided that such return is made within 30 days. after delivery with valid proof of purchase and provided that said products are returned in their original condition.

You are responsible for all shipping and handling charges for returned items. You assume the risk of loss during shipping. Therefore, we strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier who can provide you with proof of delivery for your protection. 

Refunds are processed within approximately three business days of receiving your merchandise. Your refund will be credited to the same payment method used to make the original purchase on the Site. WE DO NOT OFFER REFUNDS ON ANY PRODUCT DESIGNATED ON THIS SITE AS NON-RETURNABLE. 

For defective returns, please refer to the manufacturer's warranty (see Section 6) included with the product or as detailed in the product description on our Site. 

  1. Manufacturer's warranty and disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranty regarding the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product description on our Site and included with the product. To obtain warranty service for defective products, follow the instructions included in the manufacturer's warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING FROM THE MANUFACTURER'S FAILURE TO MEET ITS WARRANTY OBLIGATIONS TO YOU. 

  1. Limitation of liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOSS OF PROFITS OR INCOME, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATED TO AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) WHAT THE CLAIM IS BASED ON.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. 

The limitation of liability set forth above: (i) will only apply to the extent permitted by law and (ii) will not apply to (A) liability resulting from our gross negligence or intentional misconduct and (B) death or bodily injuries resulting from our acts or omissions. 

  1. Goods not intended for resale or export. You represent and warrant that you are purchasing products or services from the Site solely for your personal or household use, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
  2. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
  3. Force Majeure. We will not be liable to you, nor will we be deemed to have breached or defaulted on these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances. beyond our reasonable control, including, but not limited to, acts of God, floods, fires, earthquakes, explosions, governmental actions, war, invasion or hostilities (whether or not war is declared), terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restrictions or delays affecting carriers or inability or delay in obtaining supplies of adequate or appropriate materials, materials or failures in telecommunications or power outage
  4. Applicable Law and Jurisdiction. This Site is operated from the USA. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether whether from the State of Florida or any other jurisdiction). ) that would result in the application of the laws of any jurisdiction other than those of the State of Florida.
  5. Dispute resolution and binding arbitration.

(a) YOU AND BAJA DUTY FREE AGREE TO WAIVE ANY RIGHT TO LITIGATE CLAIMS IN COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION. 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIONAL AND EQUITY CLAIMS) BETWEEN YOU AND US ARISING OUT OF OR RELATED IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE SHALL BE SOLELY AND FINALLY RESOLVED BY BINDING ARBITRATION. 

 

(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (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. 

The arbitrator shall have exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of this arbitration provision, including any challenge of unconscionability or any other challenge that the arbitration provision or the agreement is void, voidable or invalid from another way. The arbitrator shall be empowered to grant any relief available in court at law or in equity. Any award of the arbitrator(s) will be final and binding on each party and may be entered as a judgment in any court of competent jurisdiction. 

(c) You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. Arbitration or small claims court proceedings will be limited solely to your individual dispute or controversy. 

(d) You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR BAJA DUTY FREE SHALL HAVE THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR TO PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN THE CAPACITY OF ATTORNEY GENERAL. PRIVATE. The arbitral tribunal cannot consolidate more than one person's claims and cannot preside over any form of representative or class proceedings. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver can only be raised in a court of competent jurisdiction. 

If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will apply. 

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  2. No resignations. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will only be effective if made in writing and signed by a duly authorized representative of Baja Duty Free.
  3. No Third Party Beneficiaries. These Terms do not grant and are not intended to confer any rights or remedies on any person other than you.
  4. Notices.

(a) To you. We may provide any notice to you under these Terms (i) by sending a message to the email address you provide or (ii) by posting on the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address up to date. 

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to 555 NE 185th Street, Suite 101, Miami, FL 33179. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier service will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. 

  1. Divisibility. If any provision of these Terms is invalid, illegal, void or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  2. Complete agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy shall be deemed the final and integrated agreement between you and us on the matters contained in these Terms.