TERMS & CONDITIONS

 

INTRODUCTION

This Agreement contains the complete terms and conditions that apply to you in joining, buying and all other activities you will make in our website. By using or shopping from this this website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

USE OF THE SITE & PROHIBITIONS

You are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.

For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.

 PAYMENTS AND PROCESSES OF INVOICES

AshaCavelle has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by AshaCavelle  prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, PayPal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. AshaCavelle  has all the discretion to cancel or deny orders. AshaCavelle is not responsible for pricing, typographical, or other errors in any offer by AshaCavelle and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, AshaCavelle  reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

REFUND POLICY

We are not obligated to provide a refund if a customer has changed their mind about a particular purchase or are experiencing buyer's remorse, so please purchase with intention. If our goods are faulty, we will meet our obligations under the applicable policies.

RISK OF LOSS

All items purchased from ashacavelle.com are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

 PRODUCT PRICING & DESCRIPTIONS

The List Price displayed for products on ashacavelle.com represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which mean the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of pricing errors in our catalogues, brochures, or any marketing materials in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered on ashacavelle.com  is not as described, your sole remedy is to return it in an unused condition.

EDITING, DELETING, AND MODIFICATION

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

ACKNOWLEDGEMENT OF RIGHTS

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

FRAUD 

FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected AshaCavelle shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD1,000 or the total price of the subject products paid or payable to you whichever is less.

We make no express or implied warranties or representations with respect to the program, service or any products sold and offered in our website (including, without limitation, warranties of fitness, merchant-ability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.

CONFIDENTIALITY 

You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to or by an end-user customer pursuant to a product or service, is proprietary information of AshaCavelle. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

NON-WAIVER

Failure of AshaCavelle to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the substantive laws of United States of America, without any reference to conflict-of-laws principles.

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of United States of America, to the exclusion of any other courts without giving effect to its conflict of law’s provisions or your actual state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

 

PRIVACY

This Privacy Policy governs the manner in which AshaCavelle collects, uses, maintains and discloses information collected from users (each, a "User") of the www.ashacavelle.com website ("Site"). This privacy policy applies to the Site and all products and services offered by AshaCavelle.

PERSONAL IDENTIFICATION INFORMATION 

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

HOW WE USE COLLECTED INFORMATION

AshaCavelle may collect and use Users personal information for the following purposes:

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• - To improve customer service
  Information you provide helps us respond to your customer service requests and support needs more efficiently.
• - To personalize user experience
  We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
• - To improve our Site
  We may use feedback you provide to improve our products and services.
• - To process payments
  We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
• - To run a promotion, contest, survey or other Site feature
  To send Users information they agreed to receive about topics we think will be of interest to them.
• - To send periodic emails
  We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

COMPLIANCE WITH CHILDREN'S ONLINE PRIVACY PROTECTION ACT

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

CHANGES TO THIS PRIVACY POLICY

AshaCavelle has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

CONTACTING US

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
 

www.ashacavelle.com
info@ashacavelle.com

                                           This document was last updated on May 30, 2022