We give you the warmest welcome to Almudena, Inc. (âAlmudenaâ website, which includes almudenababy.com (the âSiteâ). These Terms of Service (âTermsâ) dictate your use of the Site and our online stores accessible via the Site. The Site and our services are collectively referred to as the âServicesâ. Please read and understand these Terms thoroughly, since by accessing and using the Services, or by accepting the Terms by clicking when this option is presented to you, you agree to be obligated by these Terms. If you donât agree to these Terms, please abstain from using the Services.
Changes to Terms or Services
Almudena reserves the right to modify or update these Terms at any time in our sole discretion. Whenever we do so, weâll inform you either by posting the modified Terms on the Site or through other communications. Please remember to review the Terms every time you access or use the Services since by doing so you are accepting to be bound to them and they might have had a modification from the last time you accessed or used the Services. If you donât agree to be obligated by the modified Terms, then you may not use the Services anymore. Almudena reserves the right to change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Eligibility to Use the Services
The usage of the Services is only allowed if you are 18 years or older, in the capability of forming a binding contract with Almudena, and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you fulfill these entire criteria.
Registration and Your Information
Creating an account: If you choose to use certain features of the Services, including purchasing products online, youâll have to create an account (âAccountâ) through the Site and provide your name and email address. The creation of your Account on the Site will permit you to use the features available on the Site.
Itâs important that you provide us with accurate, complete, and present-day information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and relevant to the present day. If you donât do so, we may suspend or terminate your Account. You agree not to reveal your Account password to anyone and to notify us immediately of any unauthorized use of your Account. Youâre responsible for all activities that occur under your Account, whether or not you know about them.
Subscribing to us: By providing us with your email address youâll be able to subscribe to our mailing list to receive emails and updates from the Services.
How the Services Work
We offer an online platform that allows you to purchase products, principally clothes, and accessories (âProductsâ). Through the Services, you will be able to check over our Products and place orders.
Order Confirmation: We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation only confirms our receipt of your order, it does not indicate either our acceptance of your order or confirms our offer to sell. We reserve the right to limit or refuse any order you place with us. Also, in our sole judgment, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.
Shipment Confirmation and Delivery: All orders are subject to being accepted by us, once accepted, we will inform you of such acceptance by sending you an email corroborating the Products that have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries that are delayed due to events that are beyond our control. Nevertheless, we will work with you to fulfill a successful delivery.
Prices: The prices shown for Products available for purchase through the Services represents the applicable retail prices, and do not include taxes, shipping, or handling charges (to the extent applicable). Any applicable taxes, shipping, or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price shown on the Productâs details page. Display prices may change from the first moment you added them to your shopping cart therefore it is your responsibility to always check before accepting to checkout.
Payment: By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling, and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a âMethod of Paymentâ). To make a payment, you must provide us with a valid credit card and/or other billing information and authorize us (or any third-party payment service provider contracted by us) to charge your Method of Payment for all orders placed and accepted through the Services.
Cancellation, Return and Exchange Policies: Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a product purchased via the Services. You agree that any applicable shipping and/or handling charges are non-refundable.
Product Information: Most Products displayed on the Services are available exclusively online via the Services. These Products may have limited quantities and, because of their limited availability, the stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we will dedicate our committed effort to removing such Product from the Services promptly. If by any chance you have any questions concerning the availability of a particular product, please contact our Customer Service at contact@almudenababy.com.
Style and Color: We have made every effort to display as precisely as possible the styles and colors of the products that appear on the Services. Nonetheless, we cannot guarantee that your electronic devices display any style and/or color accurately.
Errors, Inaccuracies, and Omissions: It is in our main interest to always present the most recent, accurate, and reliable information on the Services. Nonetheless, sometimes there may be information on the Services that unintentionally may contain typographical errors, inaccuracies, and/or omissions related to Product descriptions, pricing, promotions, offers, and/ or availability. We reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographic error, typographical error, or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is canceled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
Order Cancellation: We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user's conduct violates applicable law or is harmful to our interests.
Alerts and Notifications: As part of the Services, you may receive notifications, alerts, emails, or other types of communications regarding the Services. We may also regularly send you communications that directly promote the Services and Products. When you receive such promotional communications via email from us you will have the opportunity to unsubscribe by following the provided instructions in the email you receive.
Privacy Policy
For information on how we collect, use, and disclose information from our users please refer to our Privacy Policy, located on the Site as âPrivacy Policyâ.
Suggestions, Comments, and Feedback
We highly appreciate any type of suggestions for improvements, comments, or feedback on the Services ("Feedback") that you chose to share with us by email at contact@almudenababy.com. By sharing it with us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services or transmit to us through the Services (including by email and social media). Content includes without limitation User Content.
Content Ownership, Responsibility, and Removal
Almudena does not claim any ownership rights in any User Content and nothing in these Terms will be assumed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Almudena exclusively owns all rights, title, and interest in and to the Services and Content (other than User Content), including all associated intellectual property rights. You recognize and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.
Almudena, Inc. and all related names, logos, products and services names, designs, and slogans are trademarks of Almudena. You must not use such marks without the prior written permission of Almudena. All other names, logos, products and services names, designs, and/or slogans on the Site are the trademarks of their respective owners. You agree not to alter, remove, or modify any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You: By making any User Content available through the Services, you hereby grant to Almudena a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable license to use, copy, modify, create secondary works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and other Account holders.
You are exclusively responsible for all your User Content. You represent and guarantee that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and guarantee that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
All and any User Content that you make available through the Services shall be assumed non-confidential and non- proprietary. Almudena is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Without limiting the foregoing, we have the right and obligation to entirely cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. You waive and release Almudena, its affiliates, licensees, successors and assigns from any claims you might bring resulting from any such partyâs cooperation with such an investigation and any actions taken as a consequence of such an investigation.
Rights in Content Granted by Almudena: Subject to your conformity with these Terms, Almudena grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
General Prohibitions
The Services may be used only for lawful purposes and by these Terms. You agree you will not use the Services to either:
⢠Engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or
international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other
countries)
⢠Communicate, transmit, redistribute or upload content or material (including User Content) that either:
⢠Infringes misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or
rights of publicity or privacy.
⢠Is incomplete, false, inaccurate, or not your own.
⢠Contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities.
⢠Includes any addresses, email addresses, phone numbers, or any contact information; o contains corrupted files, viruses, malware, or any harmful
software.
⢠Is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent,
racially or ethnically derogatory, or otherwise objectionable.
⢠Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
⢠Is violent or promotes violence or actions that are threatening to any person or entity.
⢠Impersonate any person, business, or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and
agents.
⢠Engages in or encourages any conduct that, in our sole judgment, restricts, impairs, or inhibits any other user from using or enjoying the Services.
Systemâs Security
Violations of the systemâs or networkâs security may result in civil or criminal liability. Almudena may investigate situations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services and you agree not to do any of the following violations:
⢠Use, display, mirror, or frame the Services or any individual element within the Services, Almudena's name, any Almudena trademark, logo, or other
proprietary information, or the layout and design of any page or form contained on a page, without Almudena's express written consent.
⢠Access, alter, or use non-public areas of the Services, Almudena's computer systems, or the technical delivery systems of Almudena's providers.
⢠Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Almudena or any of
Almudena's providers or any other third party (including another user) to protect the Services or Content.
⢠Attempt (or succeed in an attempt) to access or search the Services or Content or download Content from the Services through the use of any
engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools and similar) other than the software and/or
search agents provided by Almudena or other generally available third-party web browsers.
⢠Access data not intended for you or log on to an Almudena server or account you are not authorized to access.
⢠Attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures
without proper authorization.
⢠Attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site's
or Almudena's networks or network security, or use any Site's service to gain unauthorized access to any other computer system; ¡ use the Services or
Content, or any portion thereof, for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
⢠Forge any Transmission Control Protocol/Internet Protocol packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send modified, deceptive, or false source-identifying information.
⢠Attempt (or succeed in an attempt) to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or
Content.
Links to Third-Party Websites or Resources
The Services may contain links to third-party websites or resources, provided solely as a convenience, therefore we are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. If you choose to use these links, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party website or resources.
Accessing the Services and Account Security
We reserve the right, at any time in our exclusive discretion and without notice to you, to modify, suspend or discontinue the Services and Content. Also, we may establish rules for and limits on the use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of any Services or Content.
Termination
We may terminate your access to and use of the Services, at our exclusive discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at contact@almudenababy.com. Upon any termination, discontinuation, or cancellation of Services or your Account, the provisions contained in the Terms will survive.
Warranty Disclaimers
Your use of the Services and Content and your purchase of Products are at your exclusive risk. The Services, Products, and Contents are provided âas isâ, without any kind of warranty. Without limiting the foregoing, Almudena disclaims all warranties, either implied or express, about the Services, Products, and Contents, including but not limited to any warranties of merchantability, fitness for a specific purpose, quiet enjoyment or non- infringement, and any warranties arising out of the course of dealing or usage of trade. We make no warranty that the Services, Products, and Content will meet your requirements or that the Services, Products, and Content will be available on an uninterrupted, secure, or error-free basis. Almudena makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content, including but not limited to the availability and/or pricing of Products sold through the Services. No advice, results or information, or materials either written or oral, obtained by you via the Services, shall generate any warranty not expressly made herein. If by any chance you donât feel satisfied with the Services, your only solution is to cease using the Services.
Indemnification
You agree to indemnify, defend, and hold harmless Almudena, its affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) arising out of or related to or in connection with your violation of these Terms.
Limitation of Liability
Neither Almudena, its affiliates, licensees, successors, assigns, or any other party involved in producing, creating, or delivering the Services, Products, or Contents, in no event shall be liable to you for any direct, indirect, special, incidental, or consequential damages, including lost profits, loss of revenue or anticipated profits, lost business, data or sales or any other type of damage (intangible or tangible in nature) or service interruption or the cost of substitute services arising out of or in connection with these Terms, Services, Products or Contents or the use of or inability to use the Services, either based on warranty, contract or Tor (where the level of culpability requires a negligence standard) whether or not Almudena or such party has been advised of the possibility of said damages, and even if a limited remedy set forth herein is found to have failed of its fundamental purpose.
In no event will Almudenaâs total liability arising out or in connection with the use of or inability to use the Service or Site content exceed the amounts you have paid to Almudena in the twelve (12) month period before the event giving rise to the liability, if any, or one hundred dollars ($100), if you have not had any payment obligation to Almudena, as applicable.
The exclusions and limitations of damages expressed above are fundamental elements of the basis of the bargain between Almudena and you.
Some jurisdictions do not allow the exclusion or limitation of liability, therefore the above limitation may not apply to you.
International Use
We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services.
Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.
Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the State of North Carolina without regard to its conflict of laws provisions.
General Information
These Terms constitute the entire agreement between you and Almudena, govern your use of the Services, and supersede any prior agreements between you and Almudena. You may also be subject to additional terms and conditions that apply to certain parts of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Almudena's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Almudena may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between Almudena and you as a result of these Terms or your use of the Services. The failure of Almudena to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.
Please contact us at contact@almudenababy.com if you have any questions about these Terms or the Services.
