Welcome to Bocazon.com ("Bocazon"), which provides products and services to you (the “User/Customer”) when you visit or shop at Bocazon.com, or engage in the purchase of Bocazon products or services by other means, subject to the following conditions…
By using Bocazon, you agree to the following conditions - please read them carefully.
We offer a wide range of products and services, and sometimes additional terms may apply from the suppliers of those products and services. If these Conditions of Use are inconsistent with the terms set by the supplier of a particular product or service, their terms will control.
I. GENERAL CONDITIONS
ELECTRONIC COMMUNICATIONS
When you use Bocazon, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices, 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 (and compilations thereof) included in or made available through Bocazon, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Bocazon or its suppliers and protected by Panamanian and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through Bocazon are trademarks or trade dress of Bocazon in Panama and other countries. Bocazon's trademarks and trade dress may not be used in connection with any product or service that is not Bocazon's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bocazon. All other trademarks not owned by Bocazon that appear with Bocazon are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bocazon.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Bocazon or its providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Bocazon’s services. This license does not include any resale or commercial use of Bocazon, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Bocazon or its contents; 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 Bocazon or its licensors, suppliers, publishers, rights-holders, or other content providers. You may not use any meta tags or any other "hidden text" utilizing Bocazon's name or trademarks without the express written consent of Bocazon. You may not misuse Bocazon or buy any item with illegal intent. You may use Bocazon only as permitted by law. The licenses granted by Bocazon terminate if you do not comply with these Conditions of Use or any Service Terms.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information on its website or affiliated sites (like its Facebook page), 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. Bocazon 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 Bocazon 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 Bocazon 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 Bocazon for all claims resulting from content you supply. Bocazon has the right but not the obligation to monitor and edit or remove any activity or content. Bocazon takes no responsibility and assumes no liability for any content posted by you or any third party.
II. SALES OF PRODUCTS & SERVICES
SALES
Subject to availability, Bocazon shall sell to the User/Customer the products and services the User/Customer chooses from Bocazon’s offerings. Unless otherwise stated, Bocazon shall pay any related taxes, delivery charges, and/or third-party expenses necessary to getting the purchased product or service to the designated pick-up location.
PRODUCT DESCRIPTIONS
Bocazon attempts to be as accurate as possible. However, Bocazon does not warrant that product descriptions or other content of any Bocazon service is accurate, complete, reliable, current, or error-free. If a product offered by Bocazon is not as described, your sole remedy is to return it in unused condition according to the terms herein.
PRICING
With respect to items sold by Bocazon, prices (and other terms) may change from week to week depending on those provided by the suppliers we work with. However, once Bocazon has received full payment by a User/Customer for an item that was purchased, no change in price will occur thereafter. Should one of Bocazon’s suppliers refuse to honor a price that it previously quoted Bocazon, unless the User/Customer requests otherwise, the User/Customer’s payment will be refunded in full without the deduction of any banking or credit card fees.
PAYMENT; INVOICES; REFUNDS
Unless otherwise stated, payments for products and services will be paid in full online at Bocazon.com by one of the forms of payment accepted there. For larger ticket items, Bocazon may allow the User/Customer to make a partial payment by credit card and the rest by wire transfer, or the entire amount by wire transfer. However, Bocazon requires full receipt of the entire price of the product or service before it can be delivered. Should the User/Customer fail to pay an oustanding balance in its entirety within seven (7) days of an order, Bocazon will refund any partial payments that were received, minus any banking or credit card fees assessed to process such refund.
DELIVERY; TITLE; AND RISK OF LOSS
For each regional market that it serves, Bocazon has designated a standard pick-up location for it to deliver the items it sells to Users/Customers in that region. Unless otherwise stated, Bocazon shall deliver any purchased items to the designated pick-up location within the shortest possible time frame – typically the week following the receipt of full payment, but subject to the supplier’s release date and the performance of shipping companies to deliver the item(s) to the pick-up location. Any projected delivery dates (stated in “good faith”) are approximate, and Bocazon will not be liable for any losses or expenses for failure to meet a projected delivery date. Once recieved and signed for by the User/Customer, the title and risk of loss of the item(s) will pass to the User/Customer.
RETURNS AND TITLE
Once possession and title of a purchased item has been transferred to the user/customer, the User/Customer will be responsible for any returns to the supplier and/or manufacturer if the User/Customer is dissatisfied with the item(s), subject to the warranty and/or return policy of the supplier or manufacturer. Should this occur, Bocazon will make “good faith” efforts to assist and facilitate communications directly between the User/Customer and the supplier and/or manufacturer, but will not be responsible for the resolution of such returns.
SUPPLIER / MANUFACTURER BUSINESSES
Parties other than Bocazon, such as our product suppliers and manufacturers, operate their own businesses and may sell various products or services through Bocazon under their own terms. While Bocazon works hard to choose suppliers and manufacturers of the highest quality, we are not responsible for examining or evaluating every item they sell, and we do not warrant the offerings of these businesses or individuals. Bocazon does not assume any responsibility or liability for the actions, products, services and content of these and any other third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The User/Customer acknowledges that Bocazon cannot assure the exact quality or specific condition of the products or services provided by its suppliers or manufacturers, and makes no such statements or representations. The User/Customer acknowledges that it has relied solely on the research, investigations, examinations, and inspections it has chosen to make and that Bocazon has afforded the User/Customer the opportunity to complete any investigations, examinations, and inspections before it takes possession and title of the item(s).
BOCAZON AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BOCAZON ARE PROVIDED BY BOCAZON ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOCAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BOCAZON, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF BOCAZON IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOCAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOCAZON DOES NOT WARRANT THAT BOCAZON’S INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH BOCAZON, BOCAZON'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BOCAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOCAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF BOCAZON, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES OTHERWISE MADE AVAILABLE TO YOU THROUGH BOCAZON, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT WILL BOCAZON’S LIABILITY EXCEED THE PRICE THE USER/CUSTOMER PAID BOCAZON FOR THE SPECIFIC PRODUCT OR SERVICE PROVIDED BY BOCAZON GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
III. OTHER TERMS
DISPUTES
Any dispute or claim relating in any way to your use of Bocazon, or to any products or services sold or distributed by Bocazon or through Bocazon.com will be resolved by binding arbitration, rather than in court. 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.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. No action arising out of the sale of a product or service, or its related transactions, may be commenced more than six (6) months after the completion of the sale.
ASSIGNMENT; DELEGATION
You may not assign any of the rights contained herein to others, including future buyers of the product or service that you purchased from Bocazon. Any purported assignment of rights or delegation of performance in violation of this section is void.
ENTIRE UNDERSTANDING
This Condition of Use constitutes the entire understanding between Bocazon and the user/customer with respect to the subject matter contained herein and supersedes all other agreements, whether written or verbal, between Bocazon and the user/customer.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, 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.
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These Conditions of Use were last amended: November 17, 2017