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PRIVACY POLICY

Every time You use this website You will be bound by the the current Privacy Policy.

The personal information of our users will be handled confidentially in accordance to international treaties, Ecuadorian laws and regulations, and will be used to comply with your requests, inform You of offers and promotions, provide product and commercial information about Allpa products, by email or any other means of electronic communication.

COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type for system administration. This is statistical data about how You browse our website.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.

They help us to improve our website and to deliver a better and more customized service. They enable us to:

Estimate usage numbers and patterns.
Store information about your preferences, and so allow us to customize our website according to your individual interests.
Speed up your searches.
Recognize You when You return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if You select this setting You may be unable to access certain parts of our website. Unless You have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when You log on to our site. 

TERMS AND CONDITIONS

This document establishes the conditions governing the use of this website (hereinafter, the "Terms"). By using this site, You agree to be bound by these Terms. These conditions could be modified. It is your responsibility to read them periodically, since the conditions prevailing at the time of use of the website or when commemorating the contract will be those that are applicable.

The use of this website expresses the full and unreserved acceptance by the user of the Terms and Conditions of Use and Privacy Policy. Through this website, the user will access various services and content. We reserve the right in its sole discretion to terminate or restrict your use of all or any part of this website, and to modify the services and contents of it, at any time and without notice and without any liability to You or anyone else. We do not guarantee the availability, continuity or usefulness of this website in to perform any specific activity. 

ABOUT YOUR DATA AND VIEWS ON THIS WEBSITE

The Information or personal data you provide about yourself will be treated in accordance with what is established in the Privacy Policy. By using this website You consent to the processing of such information and data and declare that all information or data You provide are accurate and correspond with reality.

We are obliged to keep confidential all of the information that we receive from the user, according to the legal regulations pertinent to Ecuadorian legislation.

USE OF OUR WEBSITE

By using this website and/or placing orders through it You agree that:

You may only use this website to make legitimate inquiries or orders.

You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

You also undertake to provide with correct and accurate email, postal address and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary.

If you do not give us all of the information we need, we will not be able to complete your order.

By placing an order through this website, You represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

HOW THE CONTRACT IS FORMED

The information stated in these Terms and the details contained in this website do not constitute an offer for sale, but rather an invitation to treat.
No contract in respect of any products shall exist between You and us until your order has been accepted by us. To place an order, You will be required to follow the shopping process online.

After this, You will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy one or more products. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an email that confirms that the product has been dispatched. The contract for the purchase of a product between us ("Contract") will only be formed when we send You the Shipment Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment confirmation.

PRODUCT AVAILABILITY

All orders for products are subject to the availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or superior quality and value which You can order.

REFUSAL OF ORDER

We reserve the right to withdraw any products from this website at any time or to remove or edit any materials or content of the same.

While we will make our best effort to always process all orders, there may be exceptional circumstances in which we may need to refuse the process of an order after we have sent You an Order Confirmation. We reserve the right to do so at any time, at our sole discretion.

We will not be liable to You or to any third party for removing any products from this website regardless of whether the product has been sold or not; for removing or editing any material or content on the website, or for refusing to process an order after we have sent you the order confirmation.

DELIVERY

In the case of retail orders, as long as the products are in stock, they will be shipped 48 hours after the date of confirmation of the order, and once the full payment has been verified. Only in special cases (such as premium quality hats), will it take a little bit longer than usual due to the handmade characteristic.

All of the orders are shipped through Correos del Ecuador (Ecuadorian Postal Service) and each client can select from the most convenient options:

Standard shipping (CERTIFIED)
North, Central and South America: 7-8 days
Europe: 9-11 days
Rest of the world: 12-13 days

Express shipping (EMS)
North, Central and South America: 4-5 days
Europe: 6-7 days
Rest of the world: 8-10 days

However, delays may occur due to any of the following reasons:

Customization of products
Specialized items
Unforseen circumstances
Delivery area

Regarding wholesale orders, the weaving process will take up to 4 to 6 weeks, plus an additional week to add external tags and care guides, to make a thorough quality control and to pack the items properly. The time that packages take in transit to their final destination must be also added. These periods are counted from the moment the client pays the 50% advance.

The time production takes will depend not only on the quantity, colours and quality (grades) ordered, but also on weather conditions. Toquilla straw must be dried in natural sunlight in various stages of the process and if it happens to rain or there is too much humidity in the environment, our weavers don't have another choice but to wait until the climate gets better. For that reason, we DO NOT GUARANTEE exact shipment dates.

The production process can take considerably less time if we have the hats in stock when the order is placed.

RISK AND TITLE

The products will be at your risk from the time of delivery. Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, should this be later.

EXCHANGES/RETURNS POLICY

Under Ecuadorian law, the consumer who purchases goods by catalog, online or delivered, will have the right to return it, as long as this right is exercised within the three following days to the reception of the product, as long as its nature permits it, and the condition of the product is the same as when received.

In order to make a return (unless the right to withdrawal is excluded) we grant a 72 hour period starting from the date of the reception of the product. In case of a return, a refund of the price paid for the returned products will be made. You will be responsible for the direct costs of returning the product.

EXCEPTION
You will not be entitled to a refund when the subject of the contract is the supply of any of the following products:

Your right to return only applies to products that are returned in the same conditions You received them. Please return the item using or including its original packaging. You must also include all the instructions, documents and wrappings of the products. You must always submit, together with the product, the delivery receipt given to You at the time of reception. There will be no refund if the product has been worn beyond its opening or if it has been damaged, so You must be careful with the products while in your possession. Exchanges can only be made with the same item in a different size or color.

DAMAGED PRODUCT RETURNS

In circumstances where You consider that the product does not conform to the Contract at the time of delivery, You must contact us immediately with details of the product and its damage. We will proceed to fully and carefully examine the situation and let You know by e-mail, within a reasonable time, whether the refund or replacement will be made, at our discretion. The refund or replacement of the item will be made as soon as possible. The amounts paid for products that are returned because of any fault or defect, will be reimbursed entirely.

LIABILIY AND DISCLAIMERS

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All contents on this website is provided "as is". We disclaim all warranties, representations and endorsements of any kind, either expressed or implied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

We will not be responsible for any damage or harm suffered by the user as a consequence to inaccuracies, typographical errors and changes or improvements made periodically to the website content.

Nothing in this clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

INTELLECTUAL PROPERTY

Allpa is a registered brand.

The intellectual property rights covering subject matter, and the rights of use and exploitation thereof, including disclosure, publication, reproduction, distribution and transformation, are of our exclusive property. The user may not use the contents of this website for purposes other than those referred to in the Terms and Conditions of Use and Privacy Policy. You may not use the contents of this website for commercial purposes or without authorization.

The user acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

The user is obliged to use them so that there is not conflict with the rules of use and etiquette of the Internet or against Ecuadorian law. The Website is for the personal use of the user and therefore cannot be marketed it in any way.

VIRUSES, HACKING AND OTHER ATTACKS

You must not make improper use of this website by the deliberate introduction into it of viruses, trojans, worms, time bombs or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You will not attempt to gain unauthorized access to this website, the server on which the site is hosted or any server, computer or database connected to our website. You agree not to attack this site via a denial-of-service attack or a distributed denial-of-service attack.

The violation of this clause is likely to involve the commission of the detailed offenses defined by applicable regulations. We will report any breach of those rules to the competent authorities and cooperate with them to discover the identity of the attacker. In addition, in case of violation of this clause, You shall immediately cease to be authorized to use this site.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Web site or to your downloading of any material posted on it, or on any website linked to it.

LINKS FROM OUR SITE

In the event that our site contains links to other websites and third party materials, these links are provided for informational purposes only, without us having any control over the content of these websites or materials. Therefore, we do not accept liability for any loss or damage resulting from its use.

WRITTEN COMMUNICATIONS
Some of the information or communications we send will be written. By using this website, You agree that most of the previously mentioned communications will be electronic. We will contact you via e-mail or will provide information through posts in our website. 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. This circumstance does not affect your statutory rights.

NOTICES

Unless otherwise stated, we may send communications either by e-mail or to the postal address provided by You when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

These Terms and our Privacy Policy are binding on You and us and on our respective heirs, successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these terms and our Privacy Policy, or any of our rights or obligations arising under it, at any time. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit warranties which may have been provided by us to You, whether expressed or implied.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order you have placed that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation to) the following:

Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Extreme humidity or rain that prevents us from following the regular production process and delays it.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

We will also not be liable for any failure or delay in performance of any of the obligations assumed by the company / courier / postal service / carrier through which the shipment is made.

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the Notices clause stated above.

SEVERABILITY

If any of these Terms and Conditions or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.

Both You and us acknowledge that, in entering into this Terms, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Terms, except as expressly stated in these Terms. Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms and Conditions at any time.

You will be subject to the Terms and Allpa policies in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Policy is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).

LAW AND JURISDICTION

Contracts for the purchase of products through our site will be governed by Ecuadorian law.

Any dispute arising from, or related to these Terms, Privacy Policy, or use of the site, shall be subject to the non-exclusive jurisdiction of the Ecuadorian courts. If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.

FEEDBACK

We welcome your comments and feedback. Please send all comments and suggestions to our email: info@allpahats.com






 
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