Terms & Conditions

GENERAL VISION

This website is operated by www.makipalmata.com MAKI PALMATA LLC. The terms “we”, “us” and “ours” used throughout the site refer to www.makipalmata.com. www.makipalmata.com offers this website, including all the information, tools, and services available for you, the user, within it, and is conditioned to the acceptance of all terms, conditions, policies and notifications established herein.  

When visiting our site and/or purchasing something from us, you are participating in our “Service” and accepting being subject to the following terms and conditions (“Terms of service”, “Terms”), included in the terms and conditions and additional policies included here and/or available through hyperlinks. These Terms of service apply to all site users, including, among others, users who are surfers, providers, clients, salespersons, and/or content contributors. 

Read these Terms of service thoroughly before accessing or using our website. Upon accessing or using any part of the site, you are accepting being subject to these Terms of service. Should you not agree with all the terms and conditions of this agreement, you shall not be able to access our website or use any of its services. Should these Terms of service be considered an offer, their acceptance is expressly limited to these Terms of service. 

Any new feature or tool added to current store shall also be subject to the Terms of service. You can review the latest version of the Terms of service at any time in this page. We reserve the right to update, change or replace any part of these Terms of service by means of publishing updates and/or changes at our website. It is your responsibility to review this page periodically to check for changes. Your continuous use or access to the website after the publishing of any change constitutes the acceptance of said changes. 

SECTION 1 – ONLINE STORE TERMS 

Upon accepting these Terms of service, you are declaring that you are at least of legal age at your state or province of residence, or that you are of legal age at your state or province of residence and have given us your consent to allow any of your dependent minors to use this site. You may not use any of our products for illegal or unauthorized purpose, nor can you, when using the Service, break any laws within your jurisdiction (including, among others, copyright laws). Nor shall you spread any worms or viruses nor malwares whatsoever of destructive nature. Failure to comply with or violating any Term shall result in immediate termination of its Services.  

SECTION 2 – GENERAL CONDITIONS 

We reserve the right to reject providing our service to any person for any reason and at any time. You understand that your content (with the exception of your credit card information) may be transferred without encrypting and involve (a) transmission through various networks; and (b) changes to comply with or adapt to technical requirements for connecting to networks or devices. Credit card information is always encrypted during network transfers. You accept to refrain from reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Service, using the Service or accessing the Service or any contact within the website through which the service is being provided, without our express, written permission. The titles used in this agreement are included only for convenience purposes and shall not limit nor affect these Terms. 

SECTION 3 – INFORMATIONAL ACCURACY, INTEGRITY, AND TIMELINESS

We shall not be held responsible should the information in this site fail to be accurate, complete, or timely. The material herein is provided only as general information and shall not be trusted nor used as only base for decision making without consulting primary, more accurate, more complete, and more opportune information sources. Trust material within this site at your own risk. This site may contain certain historical information. Historical information is necessarily not timely and is provided solely for reference. We reserve the right to modify this site’s content at any moment, but we are not obligated to update any information within our site. You accept that it is your responsibility to monitor changes within our site. 

SECTION 4 – SERVICE AND PRICE MODIFICATION

Our products’ prices are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content of the Service) at any time, without notice. We shall not be responsible before you or any third party for any modifications, price changes, or Service suspension or interruption. 

SECTION 5 - PRODUCTS OR SERVICES (when applicable)

Certain products or services may be exclusively available online at this website. These products or services may be limited and are subject to exchanges only following or exchange Policy. We have done everything possible to show the colors and images of our products on our online store as precisely as possible. We cannot guarantee that the viewing of any color from your screen be precise. 

We reserve the right, but are not obligated to, limiting our products’ sales or services to any person, geographical region, or jurisdiction. We may exercise this right case by case. We reserve the right to limiting the quantities of any product or service we offer. All the product descriptions or prices are subject to change at any time, without notice, at our exclusive discretion. We reserve the right to discontinue any product at any time. Any offer of any product or service carried out in this site is void when prohibited. We do not guarantee that the quality of the products, services, information, or any other purchased material obtained by you satisfy your expectations, or that Service errors be corrected.

SECTION 6 – BILLING AND ACCOUNT INFORMATION ACCURACY

We reserve the right to reject any order you may place with us. We may, at our exclusive discretion, limit or cancel the amounts purchased per person, per household or per order. These restrictions may include orders carried out by or with the client’s same account, same credit card and/or orders using the same billing and/or shipping address. Should we change or cancel an order, we may attempt to notify you by contacting you via email and/or billing address/telephone number provided at the moment it was ordered. We reserve the right to limit or forbid orders which, at our exclusive discretion, may seem to have been placed by salespeople, resellers, or distributers. You accept to provide current, complete, and accurate purchase and account information, for all purchases carried out in our store. 

You accept to immediately update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you should it be necessary.

For more information, please consult our Return Policy. 

SECTION 7 – OPTIONAL TOOLS

It’s possible that we may provide access to third-party tools which we do not supervise nor have access to nor control over. You recognize and accept that we provide access to said tools “as they are” and “as available” without guarantees, representations or conditions of any type and without support. We shall have no derived or related responsibility with your use of third-party optional tools. 

Any use of optional tools offered through the site are at your own risk and discretion, and you should be sure to be familiarized with and approve the terms provided by relevant third-party providers. 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include third-party material. Third-party links on this site may direct you to third-party websites that we are not affiliated with. We are not responsible for examining or evaluating the content, or its accuracy, and we do not guarantee that we will have responsibility over third-party materials or websites, or any other third-party material, product, or service.

We are not responsible for any damage or harm related to the purchase or use of goods, services, resources, content, or any other transaction carried out with third-party websites. Thoroughly review third-party policies and practices and make sure to understand them before carrying out a transaction. Complaints, claims, concerns, or questions regarding third-party products must be address to the third-party.

SECTION 9 - COMENTARIOS DE USUARIOS, RETROALIMENTACIÓN Y OTROS ENVÍOS

If, by our request, you send certain specific orders (for example, contest participations) or without our request, you send us creative ideas, suggestions, proposals, plans or other materials, whether they be online, by email, post mail or any other way (collective, “comments”), you are accepting that we, at any time, without restrictions, edit, copy, publish, distribute, translate or use in any other way any comment you send us. 

We are not nor shall not be under any obligation (1) to keep any comments confidential; (2) to pay a compensation for any comment; or (3) to respond to any comment. We may, but are not obligated to, monitor, edit or eliminate content which, to our exclusive discretion, we determine to be illegal, offensive, threatening, slandering, libelous, pornographic, obscene, or objectionable in any other way or which violates intellectual property or any one of the parts or Terms of service. 

You accept that your comments shall not infringe any third-party rights, including copyrights, trademarks, privacy rights, personality or other personal or property rights. Additionally, you accept that your comments shall not contain any libelous or illegal, abusive, or obscene material nor shall it contain a computer virus or any other malware that may in some way affect the Service’s operation or any other related website. You may not use a false email address, pretend to be someone else, or trick us or third parties with regards to any comment’s origin. You are the only person responsible for any comment you make and its accuracy. We shall not be held responsible for any comments you or third parties publish.

SECTION 10 - PERSONAL INFORMATION 

Sending your personal information through the store is subject to our Privacy policy. To see our Privacy Policy. 

SECTION 11 - MISTAKES, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or in the Service that have typographic mistakes, inaccuracies or omissions which may be related to product descriptions, prices, promotions, sales, product shipment fees, transit times and availability. We reserve the right to correct any mistake, inaccuracy or omission, and to change or update information or cancel orders should any information in the Service or any related webpage be inaccurate at any time without notice (even after having sent your order).

We shall not assume any obligation to update, modify or clarify information in the Service or any related website, including, among others, price information, except when requested by law. No specific update or update date applied in the Service or any related website shall be interpreted as an indication that all of the information in the Service or any related website has been modified or updated. 

SECTION 12 – FORBIDDEN USES 

Besides other prohibitions established in the Terms of service, you may not use the website or its content: (a) for any illegal purposes; (b) to ask others to carry out or participate in any illegal acts; (c) to infringe any local, international, federal, provincial or state regulation, rule, law or ordainment; (d) to infringe our intellectual property rights or others’ intellectual property rights; (e) to harass, abuse, insult, damage, slander, libel, belittle, intimidate or discriminate due to gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to load or transmit a virus or any other type of malware that will or can be used in a way that affects the operations of the Service or any other related websites, other websites or the Internet; (h) to gather or track others’ personal information; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape; (i) for any obscene or immoral purpose; or (k) to interfere or elude the Service’s security characteristics or any other related websites, other websites or the internet. We reserve the right to terminate your use of the Service or any other related websites should you infringe any of the forbidden uses. 

 (j) para cualquier propósito obsceno o inmoral; o (k) para interferir o eludir las características de seguridad del Servicio o cualquier sitio web relacionado, otros sitios web o Internet. Nos reservamos el derecho de terminar su uso del Servicio o cualquier sitio web relacionado por violar cualquiera de los usos prohibidos. (j) para cualquier propósito obsceno o inmoral; o (k) para interferir o eludir las características de seguridad del Servicio o cualquier sitio web relacionado, otros sitios web o Internet. Nos reservamos el derecho de terminar su uso del Servicio o cualquier sitio web relacionado por violar cualquiera de los usos prohibidos.

SECTION 13 – DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

We do not guarantee, represent, nor ensure that your use of our service shall not be interrupted, opportune, safe or mistake free. We do not guarantee that the results which may be obtained from using the service be precise or reliable. You accept that, every so often, we can eliminate the service for indefinite periods of time or cancel the service at any time, without notice. 

You expressly accept that your use or incapacity to use this service is at your own risk. The service and all of the products and services provided through the service are provided (except for when stated otherwise) “as is” and “as available” for their use, without representation, guarantee or condition of any kind, whether they be explicit or implicit, including all implicit guarantees or conditions for trade, commercial quality, suitability for a particular purpose, durability, title and absence of infringement, or any other loss or damage of any kind incurred as a result of the use of the service or any content (or product) published, shared or made available through the service, even if the possibility has been warned. 

Due to the fact that some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum allowed by the law in said states or jurisdictions. 

SECTION 14 - COMPENSATION

You accept to compensate, defend and maintain www.makipalmata.com and our matrixes, subsidiaries, affiliates, associates, staff, directors, agents, contractors, concessionaries, service providers, sub-contractors, providers, interns and employees, free of any claim or lawsuits, including reasonable legal fees, carried out by a third-party due to their failure to comply with these Terms of service or the documents they incorporate as a reference, or as a result of their failure to comply with any law or third-party right. 

SECTION 15 - DIVISIBILITY

Should it be determined that any one of these Terms of service provisions be illegal, void, or inapplicable, said provision shall be, notwithstanding, enforceable at the full extent of the applicable law, and the unenforceable part shall be considered separate from these Terms of service. Said determination shall not affect the validity and enforceability of any other remaining provision.  

SECTION 16 - TERMINATION

The parties’ obligations and responsibilities incurred before the termination date shall extend beyond this agreement’s termination for all effects. These Terms of service are effective unless and until you or we terminate them. You may terminate these Terms of service at any time, notifying that you no longer wish to use our Services, or when you stop using our site. If, at our exclusive discretion, you fail to comply, or we suspect that you have not complied, with any term or provision included in these Terms of service, we may also terminate this agreement at any time, without notice and you shall continue being liable for all the amounts due, until or including the termination date; and/or consequently you may deny our Services (or any part of them) access.

SECTION 17 – COMPLETE AGREEMENT

The fact that we do not exercise or comply with any of these Terms of services’ rights or provisions shall not constitute a waiver of said right or provision. These Terms of service or any policy or operational rule published by us in this site or regarding the Service constitutes the agreement and complete understanding between you and us and rules your use of the Service, replacing any previous or current agreement, communications, and proposals, whether they be oral or written, between you and us (including, among others, previous versions of the Terms of service). Any ambiguous interpretation of these Terms of service shall not be interpreted against the party who drafted them.

SECTION 18 – APPLICABLE LAW

These Terms of service and any other separate agreement through which we provide you Services shall be ruled and interpreted according to the 540 NW 28th Street, Miami, Florida, US 33127 laws.

SECTION 19 – CHANGES TO THE TERMS OF SERVICE

You can review the latest version of the Terms of service at any time in this page. We reserve the right, at our exclusive discretion, to update, change or replace any part of these Terms of service by means of publishing updates and/or changes at our website. It is your responsibility to review this page periodically to check for changes. Your continuous use or access to the website or the Service after the publishing of any change to these Terms of service constitutes the acceptance of said changes.

SECTION 20 - CONTACT INFORMATION 

Questions regarding the Terms of service shall be addressed to info@makipalmata.com.