Last Updated: 2020-04-01

1. Introduction

Welcome to Bigalli Hats.
These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at bigallihats.com (together or individually the "Service") operated by YANAPI SA
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information resulting from your use of our websites.
Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements and agree to be bound by them.
If you do not agree to (or cannot comply with) the Agreements, then you may not use the Service, please let us know by sending an email to fabrizio@bigallihats.com so that we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any or all of these communications from us by following the unsubscribe link or by sending an email to fabrizio@bigallihats.com.

3. Shopping

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you provide to us is true, correct, and complete.
We may employ the use of third party services in order to facilitate payment and complete Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Shipping and delivery

Orders are shipped within 72 business hours of receipt of your order and once payment has been verified by the bank or payment system selected by the customer. Some items may take longer for reasons beyond our control. We will contact you by email if your order is delayed.
Packages are shipped via DHL (outside Ecuador) or Servientrega (only in Ecuador, where the service is available). This service will take between 3 and 5 business days to deliver your package.
Shipping rates are calculated based on the number of hats ordered and where you want the hats shipped. For Ecuador, a single rate applies.

Import Duties, Rates and Expenses.- In the event that any product is shipped outside of Ecuadorian territory, payment of Duties, Rates and taxes at destination will be the responsibility of the BUYER.
The amounts previously paid by the BUYER will cover the shipping costs.

5. Contests, sweepstakes and promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules separate from these Terms of Service. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms of Service, the rules of the Promotion will apply.

6. Returns and Refunds

Orders can be returned to the warehouse for a refund within 30 days. Returns must be unused, in the condition you received them and in the original packaging, return shipping must be paid in full by the customer. In cases where the item is damaged or was not shipped as ordered, a return credit note will be provided. Refunds are not issued for the original shipping cost.
We issue the credit note for orders within 7-12 business days after the original purchase of the Contract and the arrival of the returned product in our warehouses.

7. Content

The content found on or through this Service is the property of YANAPI SA or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy or use such Content, whether in whole or in part, for commercial purposes or for personal gain, without our prior written permission.

8. Prohibited uses

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:
0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam" or any other similar solicitation.

0.4. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes the rights of others, or in any way which is unlawful, threatening, fraudulent or harmful, or in connection with any unlawful, fraudulent or harmful purpose or activity.

0.6. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm, offend, or expose the Company or users of the Service to liability.

Additionally, you agree not to:
0.1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.

0.2. Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

0.3. Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software or routine that interferes with the proper working of the Service.

0.5. Introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored or any server, computer or database connected to the Service.

0.7. Attack the service via a denial of service attack or a distributed denial of service attack.

0.8. Take any action that may damage or falsify the Company's rating.

0.9. Otherwise attempt to interfere with the proper working of the Service.

9. Analysis

We may use third-party Service Providers to monitor and analyze the use of our Service.

10. Prohibition of use by minors

The Service is intended solely for access and use by individuals who are at least eighteen (18) years of age. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and to abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years of age, you are prohibited from both accessing and using the Service.

11. Accounts

When you create an account with us, you warrant that you are over 18 years of age and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or outdated information may result in immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including without limitation the restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

12. Intellectual property

The Service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of YANAPI SA and its licensors. The Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of YANAPI SA

13. Bug reporting and feedback

You may provide us directly at fabrizio@bigallihats.com or through third party sites and tools with information and feedback regarding errors, suggestions for improvements, ideas, problems, complaints and other matters relating to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property rights or other right, title or interest in the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential or proprietary information of you or any third party; and (iv) the Company has no obligation of confidentiality with respect to the Feedback. In the event that the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you hereby grant the Company and its affiliates an exclusive, transferable, irrevocable, royalty-free, sublicensable, unlimited, perpetual right to use (including to copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose.

14. Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by YANAPI SA
YANAPI SA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
For example, the Terms of Service described above have been created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker's free Terms and Conditions generator is a free and easy-to-use tool for creating a great Terms of Service template for a website, blog, online store, or app.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH THIRD PARTY WEBSITES OR SERVICES.
WE STRONGLY RECOMMEND THAT YOU READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITE OR SERVICE THAT YOU VISIT.

15. Disclaimer of Warranty

THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THESE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR OWN RISK.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Limitation of liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL NOT BE LIABLE TO US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER THEY ARIS (INCLUDING ATTORNEYS' FEES AND RELATED COSTS OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY), WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, WHICH ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAW, STATUTE, RULE, OR REGULATION, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH. EXCEPT AS PROHIBITED BY LAW, IF ANY LIABILITY IS FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to cancel your account, you may simply stop using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18. Applicable law

These Terms shall be governed by and construed in accordance with the laws of Ecuador, which apply to agreements without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

19. Changes in the service

We reserve the right to withdraw or amend our Service, and any services or materials we provide through the Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

20. Amendments to the Terms

We may modify the Terms at any time by posting the modified terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently to stay aware of any changes, as they are binding on you.
If you continue to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

21. Waiver and divisibility

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

22. Recognition

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

23. Contact us

Please send your comments, suggestions and requests for technical support by email: fabrizio@bigallihats.com