Terms & Conditions

1. INTRODUCTION

This document (together with all the documents mentioned herein) establishes the conditions governing the use of this website (www.pekiboo.com/shop-online) and buying items on the same (in hereinafter the "Conditions"). Please carefully read these Terms, our Cookies Policy and our Privacy Policy (collectively, the "Data Protection Policy") before using this website. By using this website or placing an order through it you agree to be bound by these Terms and our Data Protection Policy, so if you do not agree with all Conditions and Privacy Policy Data must not use this website.

These conditions could be modified. It is your responsibility to read them regularly because the conditions prevailing at the time of conclusion of each contract (as it is defined below) or, failing this, at the time of use of the website will be those that will be applicable .

If you have any questions regarding the Terms or the Data Protection Policy you can contact us through our contact form.

The Contract (as defined below) may be formalized, at its option, in any of the languages in which the Conditions are available on this website.

2. OUR DETAILS


The sale of items through this website is performed under the name Pekiboo fashion kids and photography by Technusa LLC, company established at 2555NW 102nd avenue, Doral, Florida, 33178, USA.

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE


The information or personal data you provide about you will be treated under the provisions of Policy Data Protection. By using this website you consent to the processing of such information and data and declares that all information or data provided to us are true and correspond to reality.

4. USE OF OUR WEBSITE

By using this website and place orders through the same you agree to:

i. Make use of this website only to make legitimate inquiries or orders.

ii. Not make any false or fraudulent orders. If it could reasonably consider that there has been a request of this nature we will be allowed to cancel it and inform the relevant authorities.

iii. Give us your email address, mailing address and / or other contact deforms truthful and accurate. Also agree that we may use this information to contact you if necessary (see our Privacy Policy).

If you all the information you need not provide, we can not complete your order.

By placing an order through this website, you declare be over 18 and have legal capacity to contract.

5. AVAILABILITY OF SERVICE

The items offered through this website are only available for shipment to USA territory.

6. HOW THE CONTRACT IS FORMED

The information contained in these Conditions and the details contained in this website does not constitute an offer to sell, but an invitation to contract. There will be no contract between you and us in relation to any product until your order has been accepted by us. If your offer is not accepted and had already made a charge on your account, the amount thereof shall be reimbursed in full.

To order, you must follow the shopping process online and click "Authorize payment". After this, you receive an email acknowledging receipt of your order (the "Order Confirmation"). Note that this does not mean that your order has been accepted, since it is an offer that you make to us to buy one or more products. All orders are subject to acceptance, which will be informed by e-mail that will confirm that the product is being shipped (the "Order Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formed when we send you the Order Confirmation.

They will be under contract only those products listed in the Order Confirmation. We are not obliged to supply any other products that may have been ordered until we confirm the shipment thereof in a Confirmation.

7. PRODUCT AVAILABILITY


All orders for products are subject to the availability of the same. In this sense, if difficulties arise in the supply of products or if they are not in stock, we reserve the right to provide information about substitute products of equal or superior quality and you can order value. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.

8. REFUSAL TO PROCESS AN ORDER


We reserve the right to withdraw any products from this website at any time and to remove or modify any materials or contents thereof. Although we will always do our best to process all orders, there may be exceptional circumstances that require us to refuse to process an order after having sent the Order Confirmation, so we reserve the right to do so at any time.

We will not be liable to you or to any third party for the withdrawal of any product from this website, removing or editing any materials or content on the website, or not process an order once we have sent you Confirmation Order.

9. DELIVERY

Notwithstanding the provisions of clause 7 above regarding product availability and unless extraordinary circumstances, attempt to ship the order in consistent product / s listed in each Delivery Confirmation prior to the deadline set in the Delivery Confirmation concerned or, if no delivery date is not specified, within estimated indicated to select shipping method and in any case within a maximum period of 30 days from the date of Confirmation Order.

However, delays may occur for reasons such as the customization of products, the occurrence of unforeseen circumstances or delivery zone.

If for some reason we can not meet the deadline, we will inform you of this fact and give you the option to proceed with the purchase establishing a new delivery date or cancel the order with full refund of the price paid.
Keep in mind, in any case, that we do not deliver at home on Saturdays or Sundays.

For the purposes of these Conditions, it is understood that there has been "surrender" or the order has been "delivered" at the time in which you or a third party indicated by you acquires, physical possession of the goods, which are He credited by signing the receipt of order at the agreed delivery address.

Virtual Gift Card is considered delivered as set out in the Terms of Use of the Gift Card, and in any case, at the time of sending this to the email address indicated by you.

10. INABILITY TO DELIVERY

If we are unable to deliver your order, we try to find a safe place to leave. If we can not find a safe place, your order will be returned to our warehouse.

Also, we will leave a note explaining where your order is and how to make it is sent again. If you are not in the place of delivery at the agreed time, please contact us to arrange the delivery on another day.

In the event that within 30 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we understand that you want to cancel the Contract and consider solved. Following the termination of the Agreement, we will refund all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive mode of delivery ordinary that we offer) without undue delay and in any case within a maximum period of 14 days from the date we consider the contract terminated.

Please note that transportation resulting from the termination of the Contract may have an additional cost, so we are entitled to repercutirle the costs.

This clause does not apply to virtual gift card, whose delivery is governed by the provisions of the Terms of Use of the Gift Card and the provisions of clause 9 above.

11. PASSING OF RISK AND PROPERTY

The risks of the products will be in charge from the moment of delivery.

You will acquire the ownership of the goods when we receive full payment of all amounts due in connection therewith, including the cost of shipping, either at the time of delivery (according to the definition contained in clause 9 above), if this should take place at a later time.

12. PRICE AND PAYMENT

The price of the products will be stipulated at all times on our website, except in cases of obvious error. Although we try to ensure that all prices listed on the website are accurate, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be canceled and you will receive a full refund that would have been paid.

We will not be obliged to supply any product to the incorrect lower price (even if we have sent the Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably recognized by you as incorrect price.

The prices on the website include VAT but exclude shipping costs to be added to the total amount due as set out in our Shopping Guide - Shipping.

Prices may change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent an Order Confirmation.

Once you have selected all the items you want to buy, they will have been added to your bag and the next step will be to process the order and make payment. To do this, you must follow the steps of the buying process, filling or checking the information in each step is requested.

Also during the buying process, before making the payment, you can modify the data of your order. It offers a detailed description of the purchasing process in the shopping guide. Also, if you are a registered user, you have a detail of all orders placed in the My Account section.

You may be used as means of payment Visa, Mastercard and PayPal cards. It may pay all or part of the purchase price with a gift card purchased at the online store of Pekiboo.

To minimize the risk of unauthorized access, data from your credit card is encrypted. Once we receive your order, a pre-authorization on your card will do to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse. If your method of payment is Paypal, the charge will be made when we confirm the order.

By clicking on "Authorize payment" you are confirming that the credit card is yours or is the legitimate holder of the gift card or credit card.

Credit cards are subject to validation checks and authorization by the issuer of the same, but if the issuer fails to authorize payment, we are not responsible for any delay or non-delivery and we can form a Contract with you.

13. PURCHASE AS GUEST

This website also allows the purchase through purchase functionality as a guest. In this type of purchase, we will ask only the fields necessary to process your order data. Upon completion of the purchase process, you will be offered the opportunity to register as a user or continue as unregistered user.

14. VALUE ADDED TAX

Taxes are calculated according to federal law of each state of the union.


15. RETURN POLICY

15.1 Legal right to cancel the purchase

Right of withdrawal

If you are contracting as a consumer and user, you are entitled to withdraw from this contract within 14 calendar days without giving any reason.

The withdrawal period will expire after 7 calendar days from the day you or a third party indicated by you, other than the carrier has acquired the physical possession of the goods or if the goods that make up your order delivered separately, the 7 calendar days from the day you or a third party indicated by you, other than the carrier has acquired the physical possession of the last good.

To exercise the right of withdrawal, you must notify us Pekiboo, 2555 NW 28nd avenue, Doral, FL, 33027, to telephone 305 603 9488, email info@pekiboo.com writing or through our contact form his decision to withdraw from the contract by an unequivocal statement (a letter sent by mail or email). You may use the model withdrawal form annexed to these conditions, although their use is not mandatory.

To meet the withdrawal period it is sufficient that the communication concerning the exercise by you of this right is sent before the expiry of the deadline.

Effects of withdrawal

In case of withdrawal on its part, we will refund all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive mode of delivery ordinary that we offer) without undue delay and in any event no later than 7 calendar days from the date on which we are informed of its decision to withdraw from this Agreement. We proceed to carry out such reimbursement using the same means of payment used by you for the initial transaction. It will not incur any fees as a result of repayment. Notwithstanding the above, we can withhold reimbursement until it has received the goods back or you have supplied evidence of repayment thereof, depending on which condition is met first.

should you return the products requested on our web return through a messenger, without undue delay and in any case no later than 7 calendar days from the date on which you communicate your withdrawal Contract . The deadline is met is if you send back the goods before the period has ended.

Unless you make the return of the goods through a courier arranged by us, you will bear the direct cost of returning the goods.

Only you are responsible for the diminished value of the goods resulting from a different than necessary to establish the nature, characteristics and functioning of the goods handling.

15.2 Contractual Right of withdrawal

In addition to the legally recognized right of consumers and users mentioned in the previous withdrawal clause 15.1, we grant within 30 days from the shipping confirmation to make returns of products (except those listed in the following clause 15.3, for which the right of withdrawal) is excluded. The return of the gift card is governed by the Conditions of Use of the Gift Card.

If you return the products within the contractual term of the right of withdrawal, but once the legal deadline, will be refunded only the price paid for such products.

You will bear the direct costs of returning the product when not perform the refund through a messenger organized by us.

You may exercise his right of withdrawal under the provisions of clause 15.1 above with, but if we communicated its intention to withdraw from the contract after the legal withdrawal period, shall always deliver the goods within the period of 30 days from the Order Confirmation.

15.3 Common provisions

You will not have the right to cancel a Contract for the supply of any of the following products:

i. Personalized items.

ii. Cosmetics without its original packaging which were unsealed after delivery.

iii. Real sealed for hygiene reasons which were unsealed after delivery.

Your right to cancel the Contract shall apply exclusively to products that are returned in the same condition as you received them. There will be no refund if the product has been used beyond the mere opening thereof, products that are not in the same condition in which they were delivered or have been damaged, so you should be careful with the / the product / s while in its possession. Please return the item using or including all its original packaging, instructions and other documents if accompanying. In any case, you must submit with the product to refund the ticket that you received at the time of product delivery duly completed

For an overview on the exercise of this right of withdrawal when you receive the order.

You can make returns via a courier to send home. To do this, you should contact us via our request so we can return arrange collection at home. You must deliver the goods in the same package received by following the instructions in the "RETURN" on this website. If you have made a purchase as a guest, you can request refunds via courier by calling 305 603 9488 or sending an e-mail to info@pekiboo.com.

This option will not be an additional cost to you.

In case you do not want to return the products through this method, you are responsible for return costs. Please note that if you decide to return the goods on delivery we are entitled to charge you the expenses we incur.

After reviewing the article we will inform you if you are entitled to a refund of amounts paid. Reimbursement of transportation expenses only take place if the right of withdrawal is exercised within the legal deadline and all items included in the order in question be returned. Reimbursement will be made as soon as possible and in any case within 14 days from the date you notified us of its intention to withdraw. However, we may withhold the reimbursement until he has received the goods back or you have supplied evidence of the return of the property, whichever condition is met first. The refund will always take place in the same payment method you used to pay for the purchase.

You assume the cost and risk of returning the products, as indicated above.


15.4 Returns of defective products

Where you believe that at the time of delivery the product does not meet the terms of the contract, you must contact us immediately via our contact form with details of the product and its its damage, or by send email to info@pekiboo.com where we will indicate how to proceed.

You can return the product through a messenger to send to your home or sent to the address indicated on the receipt you receive with your product at the time of delivery.

Proceed to carefully examine the returned product and will notify you by e-mail within a reasonable time if any refund or replacement thereof (if any). The refund or replacement item shall be made as soon as possible and in any event within 14 days of the date that you send an email confirming that comes refund or replacement of nonconforming items.

Amounts paid for products that are returned because of any fault or defect, where one exists, will be refunded in full, including costs incurred delivery to deliver the item and the costs you incurred to return it to us. The refund will be made in the same means of payment used to pay for the purchase.

Remain however safe the rights recognized by law.

16. LIABILITY AND DISCLAIMERS


Unless otherwise expressly provided in these Conditions, our liability in connection with any product purchased on our website is strictly limited to the purchase price of that product.

Notwithstanding the above, our liability is not excluded or limited in the following cases:

i. In case of death or personal injury caused by our negligence;

ii. In case of fraud or fraudulent misrepresentation; or

iii. In any case in which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.

Notwithstanding the provisions of the preceding paragraph and to the extent legally permitted, and unless these Conditions otherwise provided, we accept no responsibility for the following losses, regardless of their origin:

i. loss of income or sales:

ii. loss of business;

iii. loss of profits or contracts;

iv. loss of anticipated savings;

v. data loss; Y

saw. loss of management time or office hours

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information is produced, we do not warrant the accuracy and security of information transmitted or obtained through this website unless it is established otherwise expressly therein.

All product descriptions, information and materials contained in this web site are provided "as a body" without express or implied warranties about the same unless legally established. In this sense, if you hire as consumers and users, we are obliged to deliver goods which comply with the Contract, responding against you for any lack of conformity which exists at the time of delivery. It is understood that products are in conformity with the Agreement provided that (i) comply with the description given by us and possess the qualities that we have presented in this web site, (ii) are fit for the purposes for which products are intended same type and (iii) its usual quality and performance of a device of the same type that are reasonably expected.

To the extent permitted by law, we exclude all warranties, except those that may not lawfully be excluded in front of consumers and users.

The products we sell, especially handicrafts, can often have the characteristics of natural materials used in their manufacture. These features, such as variation in the grain, texture, knots and in color, will not be considered defects or flaws. Instead, it should be counted by their presence and appreciate them. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.

The provisions of this clause will not affect your rights as a consumer and user, nor his right to cancel the contract.

17. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights in all material or content supplied as part of the brand website we are currently around us or our licensors for use. You may use this material only in the way they are expressly authorized by us or our licensors for use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contract details.

18. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS


You should not make an improper use of this website by the deliberate introduction into the same viruses, Trojans, worms, logic bombs or any other program or technologically damaging or harmful material. You do not try to have unauthorized access to this Website, the server on that page is housed or any server, computer or database connected to our website access. You agree not to attack this website through a denial-of-service attack or a distributed denial of service.

Breach of this clause could entail the commission of offenses defined by applicable regulations. We report any breach of those rules to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, it shall 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, viruses or other software or technologically damaging or harmful material that may affect your computer, computer equipment, data or material resulting from the use of this website or downloading content from the same or the same redirect.


19. 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 these web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

20. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send will be in writing. By using this site, you agree that most of these communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send you electronically comply with legal requirements to be written. This condition does not affect your statutory rights.

21. NOTICES

Notifications that you send us should be given through our contact form. Under the provisions of the previous clause 20 and unless otherwise provided with, we may give notice well to e-mail or to the address provided by you when placing an order.

It is understood that the notifications have been received and have been properly made in the moment when posted on our website, 24 hours after an email, have been sent to three days after the date of posting of any letter. To prove that the notification has been made, it is sufficient to prove, in the case of a letter, which had the right direction, it was properly sealed and was duly given at the post office or in a mailbox, in the case of an email , that it was sent to the email address specified by the receiver.




22. TRANSFER OF RIGHTS AND OBLIGATIONS


The Contract is binding on you and us and our respective successors and assigns.