TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of udallcaribbean.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Udall Caribbean, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.udallcaribbean.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.udallcaribbean.com/privacy-policy.
3. Ownership. All content included on this site is and shall continue to be the property of Udall Caribbean, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
5. Trademarks. The name Udall Caribbean, UDALL (in all caps), and the Udall Caribbean logo (including the emblem) and others are either trademarks or registered trademarks of Udall Caribbean, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Site Use. Udall Caribbean, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Udall Caribbean, LLC and Udall Caribbean, LLC may terminate your use of this website at any time.
7. Payment Terms. All applicable prices are set forth alongside the goods offered on the Site in U.S. dollars. They may differ from the prices offered elsewhere (online or offline) by us for the same goods. Such prices are subject to change at any time by us in our sole discretion, without prior notice. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes at the time you provide your shipping information to us. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable rule or regulation.
When placing an order on our Site, you are effectively offering to purchase whatever products you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirmation email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.
8. Return & Exchange Policy. At Udall Caribbean LLC, our return and exchange policy is simple. If you are not completely satisfied with your purchase, you may exchange the item for another item of equal value, no questions asked, within a ten (10) day period. The ten (10) days starts from the day you receive the order. Exchanging items is easy. Just send an e-mail to order@udallcaribbean.com with the following information:
(a) your name, mailing address and telephone number;
(b) the order number from our original packing slip or receipt;
(c) that you are exchanging the item; and
(d) the reason for your return or exchange.
Place the item in the original packaging with the original packing slip and the receipt and ship to 300 E. Lombard St., Suite 840, Baltimore, MD 21202, and Udall Caribbean will take care of your exchange in a timely manner. If your exchange was due to the fault of Udall Caribbean (for example, we sent you the wrong item), or if the item was damaged in transit, Udall Caribbean will pay the shipping cost for the new or substitute item. Otherwise, Udall Caribbean will not be obligated for the return postage for your return or exchange, or for any additional shipping and handling charges, which will be your responsibility. In addition, you should add insurance to the postage for your exchange. Also, please note that refunds are not issued for any expedited shipping or international shipping charges (such as USPS priority, UPS or Federal Express two day, next day or overnight services), regardless of the reason for your exchange. Items that are worn or damaged will not be eligible for exchange. Items for exchange must be new and in a condition to be resold.
After 10 days have passed from your order delivery, there will be no exchanges. For more information please contact info@udallcaribbean.com.
9.Shipping Policy. We are pleased to offer free shipping to anywhere in the United States and to United States territories in the Caribbean. Please check the individual product page for specific delivery options. All deliveries are insured and guaranteed against loss, theft and damage. Please note that items are made to order and will be shipped three (3) to five (5) weeks after you place your order. The posted shipping time frame is also listed on the individual product page. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
There may be occasional delays beyond the posted order processing time. If the delay is more than two (2) business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than five (5) business days, we will ship the product as soon as it is ready to be shipped. If your product is on backorder for more than five (5) business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every three (3) business days until the order is cancelled or delivery occurs.
These shipping terms are accepted by you by placing an order with us.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify, defend and hold Udall Caribbean, LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
12. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. UDALL CARIBBEAN, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL UDALL CARIBBEAN, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Use of Information. Udall Caribbean, LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Udall Caribbean, LLC, who can be reached as follows:
By Mail: 300 E. Lombard St., Suite 840, Baltimore, MD 21202
By Phone: 443.687.9891
By E-mail: info@udallcaribbean.com
16. Applicable Law. You agree that the laws of the state of Maryland, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Udall Caribbean, LLC or its affiliates.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Waiver. The failure of udallcaribbean.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by udallcaribbean.com must be in writing and signed by an authorized representative of udallcaribbean.com.
19. Termination. Udall Caribbean, LLC may terminate this Agreement at any time, with or without notice, for any reason.
20. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
21. Entire Agreement. This Terms of Use constitutes the entire agreement between you and udallcaribbean.com and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and udallcaribbean.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Udallcaribbeal.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
22. Contact Information.
Udall Caribbean, LLC
300 E. Lombard St., Suite 840, Baltimore, MD 21202
443.687.9891