Conditions of Use

 

Last updated: August 30, 2017

Welcome to ElRegaloPerfecto.com. The Company or companies that operate ElRegaloPerfecto.com (also referred as "ERP" or "ElRegaloPerfecto") provide website features and other products and services to you when you visit or shop at ElRegaloPerfecto.com, use products or services purchased at ElRegaloPerfectoERP, or use ERP applications for mobile. ERP provides the aforementioned products and services subject to the following conditions.

By using ElRegaloPerfecto, you agree to these conditions. Please read them carefully.

We offer a wide range of goods and services, and sometimes additional terms may apply. When you use an ERP service (for example, Your Profile, Gift Cards, or ElRegaloPerfecto mobile applications) you also will be subject to the guidelines, terms and agreements applicable to that service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of ERP goods and services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use ElRegaloPerfecto, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other ERP services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any ElRegaloPerfecto product, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ERP or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any ERP website, mobile application or service is the exclusive property of ElRegaloPerfecto.com and protected by international copyright laws.

TRADEMARKS

All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ERP website, mobile application or service are trademarks or trade dress of ElRegaloPerfecto.com in the U.S. and other countries. ERP's trademarks and trade dress may not be used in connection with any product or service that is not ERP's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ERP. All other trademarks not owned by ERP that appear in any ERP Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ERP.


LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, ERP or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ERP electronic services, mobile applications or website. This license does not include any resale or commercial use of any ERP service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ERP service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by ERP or its licensors, suppliers, publishers, rightsholders, or other content providers. No ERP product or service, nor any part of any ERP product or service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ERP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ERP without express written consent. You may not use any meta tags or any other "hidden text" utilizing ERP's name or trademarks without the express written consent of ERP. You may not misuse the ERP Services. You may use the ElRegaloPerfecto.com only as permitted by law. The licenses granted by ERP terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own ERP account to use certain services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. ERP does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the ERP and ERP mobile applications only with involvement of a parent or guardian. Alcohol listings on ElRegaloPerfecto.com are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. ERP reserves the right to refuse service, terminate accounts, terminate your rights to use ElRegaloPerfecto.com and ERP mobile applications remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ERP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant ERP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ERP and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ERP for all claims resulting from content you supply. ERP has the right but not the obligation to monitor and edit or remove any activity or content. ERP takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

ERP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

RISK OF LOSS

All purchases of physical items from ERP and related mobile applications are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

ERP does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, ERP does not take title to the refunded item. For more information about our returns and refunds, please read or Frequently Asked Questions or contact us.

PRODUCT DESCRIPTIONS

ERP attempts to be as accurate as possible. However, ElRegaloPerfecto.com does not warrant that product descriptions or other content of any ERP service is accurate, complete, reliable, current, or error-free. If a product offered by ERP itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on ERP and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on ERP.

With respect to items sold by ERP, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by ERP is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use any application created by ERP, such as but not limited to the ElRegaloPerfecto App for iOS or Android operating systems, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any ERP product or service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using ERP. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including mobile applications), technology, and services.

OTHER BUSINESSES

Parties other than ERP operate stores, provide services or software, or sell product lines through the elregaloperfecto.com. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). ERP does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE ERP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ERP SERVICES ARE PROVIDED BY ERP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ERP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ERP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ERP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ERP SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, ERP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ERP DOES NOT WARRANT THAT THE ERP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ERP SERVICES, ERP'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ERP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ERP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ERP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ERP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any ERP Service, or to any products or services sold or distributed by ERP or through ElRegaloPerfecto.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.


APPLICABLE LAW

By using any ERP product or service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ERP.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


ADDITIONAL ERP SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with ERP goods or services.

  1. Use of ElRegaloPerfecto.com mobile applications or website. You may use ERP software solely for purposes of enabling you to use ElRegaloPerfecto.com services as provided by ERP, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the mentioned software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the software in whole or in part. All software used in any ERP good or service is the property of ERP or its software suppliers and is protected by international copyright laws.
  2. Use of Third Party Services. When you use ERP software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with ERP software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the ERP Software at any time and without notice to you.