Welcome to Cancun Collections Limited (“Cancun”), and www.cancuncollection.com (the “Site“). The Site is provided as a service to our customers. Please review the following terms and conditions of use which govern your use of the Site (the “Agreement“).
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE
1. SITE TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors
2. RIGHT TO CHANGE SITE
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site
3. SITE CONTENTS
Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents“), are owned, controlled or licensed by Cancun and other trademarks appearing on the Site are the trademarks of Cancun.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. Unless otherwise specified, the Site and the Contents are intended to promote Cancun’s products available in throughout the world. The Site is controlled and operated by Cancun from its offices in the United Kingdom
4. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Cancun is pleased to hear from users and welcomes your comments regarding our products and services. Cancun’s corporate policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Cancun’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments“), you agree that Cancun may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Cancun is and shall be under no obligation: (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments. Cancun has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Cancun or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Cancun takes no responsibility and assumes no liability for any Comments posted by your or any third party
5. PERSONAL INFORMATION SUBMITTED THROUGH THE SITE
6. COPYRIGHT COMPLAINTS
Cancun respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please contact us at the information below
7. PRODUCT INFORMATION
The prices displayed on the Site are quoted in USD. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy
8. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order)
9. LINKS TO OTHER WEB SITE AND SERVICES
The Site may contain links to other websites that are not under the control of Cancun. Cancun has no responsibility for the linked website(s) nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Site’s users
You agree to defend, indemnify and hold Cancun, its affiliated and related companies, and each of their respective directors, officers, shareholders, employees, representatives and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement
11. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Cancun agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute“), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Cancun at: Cancun Collection Limited, 1 Greenacres, Bushey Heath, WD23 1RF, United Kingdom, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Cancun agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party
This Agreement shall be governed by the laws of the United Kingdom without regard to choice of law principles. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Cancun’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site