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Terms & Conditions

 

By making use of this website Khuyay Flowers, the User is accepting the way to express all the terms, conditions and notifications. is in legal capacity to sign this agreement. These terms and conditions are used to use the portal, through any technological device, mobile, email, etc. By accessing, subscribing, browsing and using this Website or any of the available applications, and / or making a query, Registration or payment, the User must have read, understood and agreed to the Terms and Conditions that are show below, including the fragment regarding privacy. Khuyay Flowers reserves the right to modify at any time these Terms and Conditions of Use. It also reserves the right to suspend, interrupt or stop operating the Website at any time. 

1. Object

Through the Website, Khuyay Flowers facilitates the service of the e-commerce market and related services, such as payment and / or shipping management. The website facilitates the user access to various spaces, content, information and data provided by Khuyay Flowers, who reserves the right to modify at any time the presentation, configuration and location of the Website, as well as the corresponding conditions of access and use. Although we try to make our service as accurate as possible, we can not guarantee that all aesthetic information is free of errors. We are not responsible for typographical errors, interruptions (due to falls), repair server, updates and maintenance of our portal or other reasons), as well as inaccurate, misleading or false information, or lack of information by users . Each user is responsible at all times for the accuracy, accuracy and correctness of the information. 

2. Access and use

Access to the website will be limited to those over 18 years old, in the event that the application is used by minors, Khuyay Flowers reserves the right to request the respective authorization from the parents and / or legal representatives of the minors. However, the foregoing, access to certain content and / or services on the Khuyay Flowers website may be limited to adults or emancipated minors, as indicated in each case. In general, the User may access the Website freely and free of charge. The User acknowledges and accepts that the access and use of the portal takes place freely and consciously, under his exclusive responsibility. Khuyay Flowers will not be in any case responsible for the use that the User and / or third parties could make of the Website, nor for the damages and losses that may arise from it. The User undertakes to make appropriate and lawful use of the website in accordance with the applicable legislation, these Terms and Conditions of Use, morality and generally accepted good practices and public order. The User must refrain from (i) making unauthorized or fraudulent use of the Website; (ii) access or attempt to access restricted resources of the Website; (iii) use the Website Application for illicit purposes or effects, illegal, contrary to the provisions of these Terms and Conditions of Use, good faith and public order, harmful to the rights and interests of third parties, or that in any way they can damage, disable or overload or prevent the normal use or enjoyment of the web; (iv) pay by this means, values that do not result from the specific use of this Marketplace; (v) cause damage to the Website or the systems of third-party users; (vi) introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the systems of Khuyay Flowers, or third-party users; (vii) attempt to access, use and / or manipulate the data of Khuyay Flowers or third-party users; (viii) reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless the authorization of the owner of the corresponding rights is granted or it is legally permitted; (ix) obtain or try to obtain the contents using means or procedures different from those that, according to the cases, have been made available to this effect. The User can only access the web portal through authorized means.

 3. Additional conditions for access and use


The use of the Website, access to promotions and the acquisition of products and / or services offered on this site, will be subject in all cases to the prior registration of the User, by entering identification data, which must be exact, current and true at all times. The access and use of the User's identification data will be deemed carried out by said User, who will respond in any case to such access and use. The User will be responsible at all times for the custody of their credentials, assuming, consequently, any damages that may arise from their improper use, as well as the assignment or disclosure of them. In case of any circumstance that involves a risk of access and / or use by unauthorized third parties, the User will immediately notify Khuyay Flowers so that the latter may immediately proceed to blockade. In any case, any operations carried out prior to said communication shall be deemed carried out by the User, who shall be liable and shall pay the expenses and / or damages arising from any access and / or unauthorized use made prior to said communication. Each User can only be an account holder in Khuyay Flowers, not being able to access more than one account with different email addresses or falsifying, modifying or altering their personal data in any way possible. If fraudulent, malicious or contrary to these Terms and Conditions or contrary to good faith will be verified or suspected, Khuyay Flowers will have the unappealable right to terminate the contractual link, block the User, terminate the credits, give lower accounts and even initiate legal action against offenders. Khuyay Flowers reserves the right to request proofs or additional data in order to corroborate the identification data, as well as temporarily or permanently block those Users whose data could not be confirmed. In these cases of disqualification, Khuyay Flowers may cancel the purchase made, without generating any right to compensation, payment or compensation. Khuyay Flowers reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without generating any right to compensation or compensation. 

4. Publication of goods and / or services

The User must offer for sale the goods and promote the services in the appropriate categories and subcategories. Publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the good or the promotion of the service, provided they do not violate any provision of these Terms and Conditions or any other policy of Khuyay Flowers. The product offered by the Seller User must be exactly described in terms of its relevant conditions and characteristics. It is understood and presumed that by including the good or service in Khuyay Flowers, the User agrees that he has the intention and the right to sell the good offered by him, or is authorized to do so by its owner and has it available for immediate delivery . It is established that the prices of the published products must be expressed with VAT included, when applicable, and in legal tender currency. Khuyay Flowers may remove any publication whose price is not expressed in this way to avoid confusion or misunderstanding regarding the final price of the product. The User may not advertise means of payment other than those set forth by Khuyay Flowers on the article publication page, nor may he suggest or imply to the buyers that they do not use this Website, and / or alter the conditions of purchase. In the event that the User infringes any of the provisions set forth in this clause, Khuyay Flowers may edit the space, request the User to edit it, cancel the publication where the infringement is found, or even block the unfulfilled User. The User of the Website may include images and photographs of the offered product provided that they correspond to the article, except in the case of goods or products, or services that by their nature do not allow such correspondence. Khuyay Flowers may prevent the publication of the photograph, and even of the product, if it interprets, in its sole discretion, that the image does not comply with these Terms and Conditions. Only those whose sale is not tacit or expressly prohibited in these Terms and Conditions, in the other policies of Khuyay Flowers and in the law may only be included in the lists of goods offered and / or services promoted.

5. Sending promotions and offers

During the registration process, the User agrees to receive promotional emails from Khuyay Flowers. However, later, you can choose not to receive such promotional emails by clicking on the link at the bottom of any promotional email. Likewise, the User, during the purchase and / or registration process, expressly authorizes Khuyay Flowers to make telephone calls and send text messages for commercial purposes, however at all times the User has the power to revoke this consent by sending an email electronic to [email protected] where you expressly express your desire not to continue receiving phone calls or text messages from our marketing team.

 6. Conditions and means of payment


The products and services offered on the Website, unless a different form is indicated for particular cases or offers of certain goods or services, can only be paid with the means indicated in each case. The use of credit cards will be subject to the provisions of these Terms and Conditions, in relation to the issuer. The Site may indicate certain conditions of purchase according to the means of payment used by the user. 

7. Rates and billing

Khuyay Flowers offers the User the possibility of accessing different service packages, with their particular specifications and advantages, which will be defined at the moment of the User's registration; Each of these packages will have a specific rate, which will be put to the consideration of the User, necessarily before the signing of the contract, and will be expressly accepted by the latter. Similarly, from the second year, the User will cancel Khuyay Flowers the corresponding fee for renewal of the Website service. Khuyay Flowers reserves the right to modify, change, add, or eliminate the current rates, at any time, which will be notified to the User; However, Khuyay Flowers may also temporarily modify the rates for its services, due to promotions, these modifications being effective when the promotion is made public or the announcement is made. Additionally, when a commercial transaction is successfully completed, Khuyay Flowers will receive a charge for the sale, equivalent to a percentage of the sale price at which the published article has ended. This charge will be charged only to the Seller, and must be paid when the operation is carried out successfully and even in those cases in which the Seller has not reported the operation as not specified. The rates generated by the User will be invoiced by Khuyay Flowers and a Billing Notice will be sent by email, with the due dates of each invoice; Invoices must be canceled within that period. The Billing Notice email represents sufficient debt notification. However, the User may make advance payments to receive your billing notice and they will be credited to your account, as a credit balance. Default will begin to run from the expiration date of the indicated period. Khuyay Flowers will also send an email on the due date of the invoice, informing the User that he still has his unpaid invoice. Upon expiration of that term, you can only increase the exposure or sell new products, paying the pending charges. The suspension or disqualification of an account for any reason whatsoever, does not imply the elimination of the pending charges. If this is the case, Khuyay Flowers reserves the right to take the judicial and extrajudicial measures it deems appropriate to obtain the effective cancellation of the amounts owed by the User. The Seller User may not sell or assign to third parties, under any circumstances, the right to publish that it acquires with the account assigned by Khuyay Flowers. However, in the event that the User publishes goods or services from third parties, he may not charge him any value for the publication of the notice, sale of the property, or any other concept, and even less in the name of Khuyay Flowers. If charges have been billed that do not correspond, the User must contact our Customer Service team to resolve this issue. 

8. Lawfulness of funds

The User declares that the securities canceled to the Khuyay Flowers do not come from any illegal or illicit activity. The User exempts Khuyay Flowers from all liability, including third parties, if this statement is false or erroneous. The User waives any action or claim in the civil, criminal or any other field, and authorizes the competent authorities to carry out the investigations deemed appropriate, unusual or suspicious transactions defined in the relevant laws from your accounts or cards, particularly those related to the prevention of money laundering. 

9. Returns and changes

Khuyay Flowers, as well as those third parties who use the Website to market products, offer their customers the possibility of returning the product purchased during the first 3 business days (72 hours) after the delivery of the product. The aforementioned returns must be requested through the Website. In order to exercise the right of return, the Buyer must comply with certain general conditions, such as: a) The product must not be damaged or damaged by actions attributable to customers; b) The product must have labels or original sales invoice, accessories and original packaging (including manuals, usage guides, warranty certificates, etc.); c) The product should not show signs of wear, dirt or wear; d) The product must not have more than 3 business days of delivery; e) The acquired product must not be perishable, for personal or intimate use; f) In the case of products in promotion, the delivery of all the products included in the corresponding promotion is required; g) Veracity of the information provided in the return request. For purposes of return, the Supplier will pick up the product where it was delivered or request the consumer to leave it at the point of service provided for that purpose. If the product was paid by credit card and the method of reimbursement chosen by the Buyer is reversion to the transaction with your credit card, the money will be refunded on the used card within 30 calendar days, after Khuyay Flowers accepts the return. These reversal times depend directly on the credit card administration entity, so they may eventually vary. The reversal of the transaction only applies for refunds on the entire order. Only by complying with these conditions, the Buyer will receive all the money of his purchase, otherwise the product will be returned to the customer and there will be no refund. 

10. Industrial and intellectual property rights

The User acknowledges and accepts that all rights of industrial and intellectual property over the contents and / or any other elements inserted in the Website, relating to the services of Khuyay Flowers (including without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, "look-and-feel", audio and video, files that allow the User to access and use your account), belong to Khuyay Flowers, and / or to third parties. In no case does access to the Website imply any type of waiver, transmission, license or total or partial cession of said rights by the owner, unless expressly stated otherwise. These Terms and Conditions of Use, do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by Khuyay Flowers or the third party owner of the affected rights. Khuyay Flowers authorizes Users to use, view, print, download and store the free content and / or that are part of the contracted packages, as well as the elements inserted in the Website for detailed use in these Terms and Conditions. It is strictly forbidden the use of such elements, their reproduction, communication and / or distribution for commercial or lucrative purposes, as well as their modification, alteration, or decompilation for any other use than those expressly permitted, it will be necessary to obtain the prior written consent of the holder of the rights in question. The Website may contain links to other websites, which does not indicate that they are owned or operated by Khuyay Flowers. In virtue that Khuyay Flowers has no control over such sites, it will not be responsible for the contents, materials, actions and / or services provided by them, nor for damages or losses caused by the use thereof, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement of Khuyay Flowers to said sites and their contents. 

11. Exclusion of guarantees and liability

Khuyay Flowers does not guarantee the availability and continuity of the functioning of the Website; consequently, Khuyay Flowers will not be in any case responsible for any damages that may arise from (i) the lack of availability or accessibility to the Website; (ii) the interruption in the functioning of the Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the networks, lines or data centers, in the Internet system or in other electronic systems, produced in the course of its operation; (iii) the delay in the validation of the payments made by the Purchasing Users; and (iv) other damages that may be caused by third parties through unauthorized interferences beyond the control of Khuyay Flowers. Khuyay Flowers does not guarantee the absence of viruses or other elements on the Website introduced by third parties other than Khuyay Flowers, which may cause alterations in the User's physical or logical systems or in the electronic documents and files stored on their systems. Consequently, Khuyay Flowers will not be responsible in any case for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the User. Khuyay Flowers adopts various protection measures to protect the Website and its contents against computer attacks by third parties; However, it does not guarantee that unauthorized third parties can not know the conditions, characteristics and circumstances in which the User accesses the Website. Consequently, Khuyay Flowers will not be in any case responsible for the damages and losses that may result from such unauthorized access. By subscribing to these Terms and Conditions of Use, the User declares that he will hold harmless against any claim to Khuyay Flowers, its parent, directors, partners, employees, lawyers and agents, derived from (i) breach by the User of any provision contained in these Terms and Conditions of Use or any law or regulation applicable to them, (ii) breach or violation of the rights of third parties including, but not limited to, other users and / or affiliates; and, (iii) breach of the permitted use of the Website. Khuyay Flowers, in general, does not edit the contents entered by Users or third parties, which have been published on the Website and as a result, does not guarantee or be responsible for the legality, reliability, usefulness, accuracy, completeness and present of said contents. Khuyay Flowers will not be responsible in any case for any damages that may arise from (i) the lack of legality, reliability, usefulness, veracity, accuracy, completeness, and / or timeliness of the contents originated by third parties; (ii) the inadequacy for any purpose and the defrauding of the expectations generated by the contents, products or services; (iii) decisions or actions taken or avoided by the User relying on the information or data provided or provided in the contents, including without limitation the loss of benefits or business opportunities. Khuyay Flowers, if applicable, will send to the payment provider, responsible for storing the User's data, the corresponding information for its management, and does so in the good faith belief that such data and its management comply with the applicable legislation. However, in no case, Khuyay Flowers is responsible, approves, nor does it own the products, services, contents, information, data, files and any kind of material existing in the websites of third parties to which the User accesses through of links included in the payment portal of Khuyay Flowers and does not control or be responsible for, approve or endorse the successive modifications of said materials.

 12. Actions in case of non-compliance

Khuyay Flowers reserves the right to exercise as many actions are available in law to demand the responsibilities arising from the breach of any of the provisions of these Terms and Conditions of Use of the Website by a User. 

13. Applicable law and jurisdiction

These Terms and Conditions of Use, as well as the relationship between Khuyay Flowers and the User, shall be governed and construed in accordance with the legislation of the Republic of Ecuador. Any dispute or dispute that arises from, relating to, or related to this contract, will be resolved by an arbitral tribunal of the Arbitration and Mediation Center of the Chamber of Commerce of Quito, which will be subject to the provisions of the Arbitration Law. and Mediation and the Center Regulation.