This website service@https://www.josenatalia.com (the “Website”) is operated by Jose Natalia (“us”, “we”, or “our”).
Website features and other products and services are provided to you (“you”) when you visit or shop at the Website or use our products or services, or use our applications for mobile, or use software provided by or for us in connection with any of the foregoing, including to register, respond to surveys, communicate with us or receive communications from us (collectively, the “Web Properties”). The services provided in connection with the Web Properties are subject to the following terms and conditions (the “Terms and Conditions”).
By using any of the Web Properties, you agree to these Terms and Conditions. Please read them carefully. They include important information about your legal rights, remedies, and obligations. By accessing or using the Web Properties, you are entering into a legal contract regarding your use of the Web Properties. By accessing or using the Web Properties, you agree to be bound by the Terms and Conditions and all additional terms incorporated by reference. If you do not agree to any portion of these Terms and Conditions, you should not access or otherwise use any of the Web Properties.
These Terms and Conditions are not applicable to any other web pages, applications, software, products or services operated, owned and/or offered by any entity other than Jose Natalia, as operator of the Website. Users of the foregoing excluded web pages, applications, software, products or services or other resources should refer to the terms and conditions in effect for the applicable owner, operator or offeror.
Efforts will be made to update this web page with any changes we make to these Terms and Conditions and you are encouraged to review these Terms and Conditions frequently (the date of the most recent revision to these Terms and Conditions appears at the bottom of these Terms).
- CONVENIENCE AND INFORMATION ONLY. The Web Properties are provided to you as a convenience and for your information only. By merely providing access to the Web Properties, Jose Natalia and its third party service providers who assist us in providing payment processing services, operating our Web Properties, conducting our business, or servicing you do not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) there is any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is accurate or complete.
- WEB PROPERTIES USE AND CONTENT. (a) Subject to your compliance with these Terms and Conditions, you have a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Web Properties. You may view, copy or print a single copy of any page from the Web Properties solely for personal, non-commercial purposes if you include the following copyright notice: “© 2024 Jose Natalia. All Rights Reserved.” This right and license does not include any resale or commercial use of any of the Web Properties or any Content (defined below), any collection and use of any product listings, descriptions, or prices; any derivative use of Web Properties or any Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
(b) The Web Properties pages and materials may contain other copyright and proprietary rights notices and in no event may you remove, modify, or alter these notices. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Properties without the express, prior, written consent of Jose Natalia. Changes may be made to the Web Properties and/or to the services described in these Terms and Conditions at any time and without further notice to you.
- USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain features available through the Website, the use of encryption technologies is provided for your protection and/or your use of a UserID and password after setting up a User Account. Reasonable precautions will be taken to protect the privacy of your UserID, password, and User Account information. However, you are ultimately responsible for safeguarding your UserID, password, and User Account information from access by third parties. You agree to (i) immediately notify us of any unauthorized use of your UserID, password, or User Account, or any other breach of security involving your UserID, password, or User Account, and (ii) ensure that you log out from your User Account at the end of each session on the Website. While certain encryption technologies are provided and other reasonable precautions are taken to protect your confidential information and provide reasonable security, we cannot guarantee or warrant that information transmitted through the Internet is secure or free from delay, interruption, interception, or error.
(b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Website (such information being the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. Your User Account and UserID are non-transferable, and you are obligated to take preventative measures to prevent unauthorized users from accessing the Website with your UserID and password.
(d) ADULT USE ONLY. We may offer products suitable for children, but we sell them only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with the involvement of a parent or guardian.
(e) USER CONDUCT. When using the Website, you shall not post or send to or from the Website: (a) content for which you have not obtained all necessary consents; (b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Website is being used; (c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to the Website in breach of this Section. You shall not use our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access the Website only with due regard for your own safety and the safety of others.
- ELECTRONIC COMMUNICATIONS.
When you use any features of the Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. By using the Website, you consent to receive communications from us electronically. We may communicate with you in various ways, such as by e-mail, text, in-app push notifications, or by posting notices and messages on or through the 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.
By submitting a telephone number to us, you agree that a representative of our website can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any products and/or services.
- PRODUCT DESCRIPTIONS.
We strive to ensure accuracy in product descriptions and other content on the Website. However, we do not warrant that product or other content on the Website is accurate, complete, reliable, current, or error-free. If a product or service offered on the Website is not as described, your sole remedy is to return it in unused condition.
- DISCLAIMERS.
(a) NO WARRANTIES. When using the Website, information may be transmitted in a manner that is beyond our control. Therefore, no warranty is made concerning the delay, failure, interruption, or corruption of any data, content, or other information transmitted in connection with the use of the Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO REPRESENTATIONS OR WARRANTIES ARE MADE THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS USED ARE FREE FROM ANY VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. THERE IS NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THERE WILL BE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. NO REPRESENTATION OR WARRANTY IS MADE REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEBSITE. THE ENTIRE LIABILITY OF [Website Name] AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY SUCH PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless [Website Name] and its directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by [Website Name], directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms and Conditions; (ii) your breach of your obligations under these Terms and Conditions; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
- THIRD PARTY CONTENT.
(a) Links to Third Parties. Hyperlinks to other websites maintained by third parties may be provided, or third-party content on the Website may be provided by framing or other methods (collectively, “Third Party Content”). In addition, the Website may include certain applications, features, programs, and services provided by third parties (collectively, the “Third Party Applications”). Third Party Content and Third Party Applications are not monitored by [Website Name], and no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications is or can be made. The links to third-party websites, any Third Party Content, and/or any Third Party Applications are provided for your convenience and information only. If you decide to access any of the third-party websites linked to the Website, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. The content on any linked website or in any Third Party Application is not under [Website Name]’s control, and [Website Name] is not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third-party website. No representations or warranties are made in connection with any Third Party Content or Third Party Applications, which at all times and in each instance are provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and by accessing such Third Party Application, you agree to fully comply with all such additional terms, conditions, and agreements.
(b) Links from Third Parties. If a third party links or refers to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership of that third party or its website or application by or with [Website Name]. In most cases, we are not even aware that a third party has linked to or refers to the Website. A third party website or application that links or refers to the Website: (i) may link or refer to, but not replicate, the Content; (ii) may not create a browser, border environment or frame the Content; (iii) may not imply that [Website Name] is endorsing it or its products or services; (iv) may not misrepresent its relationship with [Website Name]; (v) may not present false or misleading information about the products or services offered on the Website; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules, and regulations. If you decide to access any of the third-party websites or applications that link to the Website, you do so entirely at your own risk.
- INTELLECTUAL PROPERTY.
(a) Ownership of Content. All content on the Website, including but not limited to graphics, audio clips, video clips, and editorial content, is intellectual property owned, controlled, and/or licensed by [Website Name]. All applicable intellectual property laws, including copyright laws, protect [Website Name]’s rights in and to the content. No portion of the content may be reproduced in any form or by any means, except as provided in Section 2 of these Terms and Conditions.
(b) Ownership of Trademarks, Service Marks, Logos. The trademarks, service marks, and logos used and displayed on the Website are either (i) owned by [Website Name], its subsidiaries, or affiliates, or (ii) registered and unregistered trademarks of another party. [Website Name] is the copyright owner or authorized licensee of all text and graphics contained on the Website. All trademarks and service marks of [Website Name], its subsidiaries, or affiliates, that may be referred to on the Website are the property of [Website Name], its subsidiaries, or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners.
(c) No License or Right to Use. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of [Website Name]’s, its subsidiaries’, affiliates’, or licensors’ trademarks, service marks, or copyrights without [Website Name]’s prior written permission. [Website Name] aggressively enforces its intellectual property rights. Neither the name of [Website Name], its subsidiaries, affiliates, or licensors’, nor any of their respective other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Website or otherwise, without prior written permission of the owner of such marks, except that a third-party website that desires to link to the Website and that complies with the requirements of Paragraph 6(b) above may use the names “[Website Name]” or “[Website Name]” in or as part of that link.
- SUBMISSIONS.
(a) Submissions. “Submissions” means identifiable information, software, photos, pictures, audio, video, text, graphics, designs, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, uploads, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, sent, transmitted, posted, emailed, texted, uploaded, or otherwise conveyed or submitted to [Website Name] or through the Website.
(b) Not Confidential. Your Submissions are not subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions for any purpose whatsoever, commercial or otherwise, subject only to the Privacy Policy (discussed below).
(c) Assignment of Rights in Submissions. Without limitation of the foregoing,
(i) The Submission will forever be the property of [Website Name] and its successors and assigns as follows: You grant [Website Name] and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display, and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. This means that if you make a Submission it could end up for sale as a Company product. We will not incur any liability as a result of any similarities that may appear in future Company products.
(ii) You grant to [Website Name] and its successors and assigns the right to incorporate Submissions into other works in any form, medium, or technology now known or later developed, for the full term of any copyrights, trademarks, and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions.
(d) No Third Party Rights. You warrant that any third-party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above in this Section. You further acknowledge that [Website Name] and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without any further consent or permission from you or any third party.
- ORDERING & PAYMENT.
(a) User Account. Having a user account on the Website enables you to enjoy an enhanced shopping and checkout experience. It helps us recognize you and retain your shopping preferences and enables you to manage and change your account settings. When you check out, you may sign up for your account on the Website.
(b) Payment Method. We accept all major credit cards, as well as Klarna, Apple Pay, and Google Pay. Paying online with a credit card is easy and safe. Our secure server encrypts all submitted information. Just enter your credit card information during checkout.
(c) Ship to Multiple Addresses. We are happy to ship items to more than one address; unfortunately, we cannot do so online within a single order at this time. If you would like to place an order with multiple delivery addresses, you will need to enter separate orders on our Website.
(d) Sales Tax Information. All orders may be subject to sales tax in accordance with state law. Please note that your state and/or municipal government may require you to declare mail order purchases and pay sales tax on them directly.
- SHIPPING & RETURNS.
(a) Order/Shipping Issues. If you require assistance with your order or encounter any issues with shipping, please reach out to our Customer Service team via email at support@service@https://www.josenatalia.com or by calling (insert phone number). Please note that once an order has been placed, changes to the shipping address may not be possible.
(b) Product Returns. This returns policy pertains exclusively to products purchased directly from the Website. Items bought from other retail outlets must be returned to the original point of purchase, adhering to the respective retailer’s return policy. Returned products must be unworn, unaltered, and unwashed, and must be returned in their original condition with all original tags and packaging intact. Original shipping charges are non-refundable. Eligible products may be returned to [website name] for exchange or refund within 30 days from the date of delivery. Please refer to our returns and exchange policy at [insert URL] for comprehensive instructions on how to initiate product returns.
- PRIVACY. We encourage you to review our Privacy Policy, which governs the use of the Website and outlines our practices regarding the collection, use, and protection of personal information. Our Privacy Policy also contains specific provisions for California residents concerning their rights under the California Consumer Privacy Protection Act.
- FEEDBACK AND COMMENTS. Any comments, information, or feedback submitted to us via email, text, and/or the Website will be subject to the terms outlined in our Privacy Policy.