TERMS & CONDITIONS
AVANTY RULES OF ENGAGEMENT OF USE AND PURCHASE
1. VALIDITY LIFE
These Conditions could be modified. It's your responsibility read them periodically, since the conditions in validity force at the time of conclusion of each Contract (as defined below) or in default thereof, at the time life of use of the website will be those that are applicable.
2. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
I. Make use of this website only to make legally valid queries or requests.
II. Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
III. Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use this information to contact you if necessary. If you do not provide us with all the information we need, we will not be able to process your orders.
IV. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
3. OUR DATA AND INFORMATION
The sale of items through this website is carried out under the name Avanty by AVANTY Centro de Progreso LLC, with address in 831 Studewood St. The Heights, Houston, Texas 77007, U.S.A.
4. YOUR DATA AND VISITS TO THIS WEBSITE
The information or personal data that you provide us about you will be treated in accordance with the provisions of our Data Protection Policies.
By using this website you consent to the processing of such information and data and declare that all the information or data you provide us with is true and corresponds to reality.
5. AVAILABILITY OF THE SERVICE
The articles offered through this website are only available for shipment in North America within Canada, U.S.A. and Mexico except for those areas or zones that due to the difficulty of access, communications or similar considerations, justify that said offer is not available.
6. HOW THE CONTRACT IS FORMALIZED
There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If for any reason your order has not been accepted and a charge has already been made to your account, the amount will be refunded in full.
To place an order, you must follow the online purchase procedure and click "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). All orders are subject to our acceptance, of which you will be informed via email in which we will confirm that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formalized when we send you the Shipping Confirmation.
Only those products related to the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other product that may have been ordered until we confirm the shipment of the same in a Shipping Confirmation.
7. AVAILABILITY OF PRODUCTS
All product orders are subject to availability. In this sense, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you can order. If you do not wish to order those substitute products, we will refund any amount you may have paid.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of any order after we have sent the Order Confirmation, so we reserve the right to do so at any time.
Notwithstanding the provisions of clause 7 above regarding the availability of products and unless extraordinary circumstances occur, we will try to send the order consisting of the product/s related in each Shipping Confirmation before the delivery date shown in the Shipping Confirmation in question or, if no delivery date is specified, within the estimated period indicated when selecting the shipping method and, in any case, within a maximum period of 30 days from the date of the Confirmation from order.
However, delays may occur for reasons such as product customization, unforeseen circumstances, or the delivery area.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid. Please note, in any case, that we do not make home deliveries on Saturdays, Sundays or holidays.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is will prove by signing the receipt of the order at the agreed delivery address.
10. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, your order will be returned to our warehouse.
Also, we will leave you a note explaining where your order is and how to get it shipped again. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
In the event that 20 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and we will consider it terminated. As a result of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date that in accordance with the provisions of this Clause we consider the Contract terminated.
Please keep in mind that the transport derived from the termination of the Contract may have an additional cost, so we will be authorized to pass on the corresponding costs.
11. TRANSMISSION OF RISK OF PROPERTY
The risks of the products will be at your expense from the time of delivery.
12. PRICE AND MEMBER DISCOUNTS
The prices on the website does not include TAXES nor Shipping Costs, which will be added to the total amount due as set out in your State Tax-schedule & Shipping Costs Guide.
Prices may change at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have selected all the items you want to buy, they will have been added to your cart and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step.
Also, during the purchase process, you can modify the details of your order before making the payment. In addition, if you are a registered Avanty.org Member, you'll have a discount on the ordered participating items placed in the Member Deal section.
You can use Visa, Master-Card, American Express and Discover/Diners cards, as well as Square and PayPal as a means of payment, (within a maximum period of 48 hours from the date you receive the order confirmation email). To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged the moment your order leaves our warehouses.
If your payment method is Square or PayPal, the charge will be made at the time we confirm the order.
By clicking on "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any Contract with you.
14. ADDED TAX
In accordance with the Internal Revenue Service Law; the sale of merchandises in the U.S.A. is considered a taxable activity for the purposes of this tax. It is understood that a sale disposal is made in U.S.A. when the property is in the country when it is sent to the purchaser and when, not having sent the same, the material delivery of the property by the seller came from the country of U.S.A. Considering this, orders placed will be subject to the particular State schedule rate of TAX in which the merchandise is being dealt for a sale-purchased contract.
15. BUY AS A GUEST
This website also allows purchase through the purchase functionality as a guest. In this purchase modality, you will only be asked for the essential data to process your order. Once the purchase process is completed, you will be offered the possibility of registering as a user or continuing as an unregistered user.
16. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials of third parties, these links are provided for informational purposes only, without us having any control over the content of such websites or materials. Therefore, we do not assume any responsibility for any damage or loss derived from its use.
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make improper use of this website by intentionally entering viruses, Trojans, worms, logic bombs or any other malicious program or technologically harmful material. You will not try to have unauthorized access to this web page, to the server where said page is hosted or to any server, computer or database related to our web page. You agree not to attack this website as a retaliation attack for denial of service, or a retaliation attack for inability to distribute/deliver the service.
Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of such regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from the same or to which it redirects.
18. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have licensed us for their use. You may make use of such material only in the manner expressly authorized by us or by those who have licensed us to use it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact information.
19. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that most of these communications with us are electronic. We will contact you by email or SMS or we will provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 19 above and unless otherwise stated, we may send you communications either by e-mail or at the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, it was correctly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding both for you and for us, as well as for our respective successors, assigns and successors in title.
You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
We may transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, have recognized by law nor will they void, reduce or limit in any other way the guarantees, both express and tacit, that we could have given them.
22. EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract; any given Cause of which is due to events that are beyond our reasonable control; "Fortuitous Acts of God or Force Majeure".
The Causes of Fortuitous Case or "Force Majeure" will include any act, event, accident, omission or lack of exercise that is beyond our reasonable control and among others, the following:
i. Strikes, lockouts or other industrial action.
ii. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
iv. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failures or accidents of maritime or river transport, postal or any other type of transport.
It will be understood that our obligations derived from Contracts will be suspended during the period in which the 'Cause of Fortuitous Case' or "Force Majeure" continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the 'Cause of Fortuitous Case' or "Force Majeure".
We will use all reasonable means to end the 'Cause of Fortuitous Case' or to find a solution that allows us to fulfill our obligations under the Contract despite the "Cause of Force Majeure".
The lack of requirement on our part of the strict fulfillment by you of any of the obligations assumed by you by virtue of the Contract or these "Conditions" or the lack of exercise by us of the rights or actions that may correspond to us by virtue of of said Contract or of the Conditions, will not suppose any resignation or limitation in relation to said rights or actions nor will it exonerate you from fulfilling such obligations.
No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions of the previous Notifications section given to you.
24. PARTIAL NULLITY
If any of these Conditions or any provision of a Contract is declared null and void by a firm resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
25. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made therein constitute the entire agreement existing between you and us in relation to the object of the same and replace any other pact, agreement or previous promise agreed between you and us verbally or written.
You and Avanty.org acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Contract, except as stated expressly mentioned in these Conditions.
Neither You nor Avanty.org will have action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such uncertain statement had been made fraudulently) and the only action that the other party will have it will be for breach of contract in accordance with the provisions of these Conditions.
26. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and product purchase contracts through said website will be governed by the State of Texas, USA legislation.
Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the jurisdiction of the courts and tribunals of the City of Austin TX, expressly renouncing any other jurisdiction that may correspond to them due to their present or future addresses or for any other reason.
If you are hiring as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation.
27. OUR RIGHT TO MODIFY THESE CONDITIONS
We "Avanty Centro d'Progreso" have the right to review and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use this website or make each request, except that by law or decision of government agencies we must make changes retroactively in said Policies, Conditions or Privacy Statement; in In which case, the possible changes will also affect the orders that you have previously made.
28. COMMENTS AND SUGGESTIONS
If you have any comments related to the Rules & Conditions or the Data Protection Policies you can contact us through our contact form.
The Contract (defined above in #6.) may be formalized by Your Choice and Our Will, ruled by the Conditions in force at the time you use this website. Your suggestions will be welcomed. Please send us such comments and suggestions through our contact form.