TERMS AND CONDITIONS

By accessing this Website, you agree to be bound by the Terms of Use set forth herein. If there is anything you do not understand please email your enquiry to contact@stellasarmiento.com.  If at any time you do not agree to these Terms of Use, please do not use this Website, provide any personal information, or purchase any products from this Website.

This Website is operated by STELLA SARMIENTO, the owner of the trademark STELLA SARMIENTO and other trademarks (the “Marks”). “Website” means the website located at www.stellasarmiento.com, any subsequent URL which may replace this website, and all associated websites, URLs and micro sites. “You/your” means you as a user of the Website. “User” means all users of this Website. STELLA SARMIENTO offers this Website, including all information, tools and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of this Website constitutes your agreement to these Terms of Use.

STELLA SARMIENTO reserves the right to change or update these Terms of Use by posting such changes or updates to the Website. Amendments to these Terms and Conditions will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all Terms of Use, agreements and policies of the Website and are in compliance with them. You can tell if these Terms of Use have changed by checking the last modified date that appears at the end of these Terms of Use. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

1.1 The Website displays information about STELLA SARMIENTO’s, history, products company, and other information.

1.2 You may also make purchases through the Website of certain STELLA SARMIENTO products. When you purchase any products through the Website, STELLA SARMIENTO will collect your name, address and certain other information, and if you set up an account with STELLA SARMIENTO, you will need to choose a password to access the e-commerce portion of the Website and make purchases. Please refer to STELLA SARMIENTO’s Privacy Policy concerning how STELLA SARMIENTO stores any personally identifiably information collected about you.

By using the Website and agreeing to these Terms of Use, you are agreeing to the following rules of conduct:

2.1 You shall not use the Website for any illegal purposes, and you will use the Website in compliance with all applicable laws and regulations.

2.2 You shall take any action or assist anyone else from taking any action that may cause the Website to be interrupted, damaged, rendered, less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

2.3 You agree not to attempt any unauthorized access to any part or component of the Website.

2.4 You agree that in the event that you have any right, claim or action against any other users of the Website, then you will pursue such right, claim or action independently of and without recourse to STELLA SARMIENTO.

2.5 STELLA SARMIENTO grants you a limited, revocable, non-exclusive license to access and make personal use of the Website as STELLA SARMIENTO’s customer.

However, you shall NOT:
(a) Reproduce, copy, duplicate, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any purpose;
(b) Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content;
(c) Use any meta tags, search terms, key terms, or the like that contain the Website’s name or STELLA SARMIENTO’s Marks;
(d) Engage in any activity that interferes with the Website or the Site Content, or another user’s ability to use the Website;
(e) Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website;
(f) Attempt to breach any security or authentication measures or otherwise scan or test the vulnerability of the Website or any related system or network;
(g) Challenge the validity of any Mark, the ownership of any Mark or the registration of any Mark; or
(h) Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

2.6 STELLA SARMIENTO reserves the right to investigate any reported violation of these Terms of Use and take any action that duplicate STELLA SARMIENTO deems appropriate. Such action may include, but is not limited to, reporting any activity that STELLA SARMIENTO suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In addition, STELLA SARMIENTO will fully cooperate with law enforcement officials in the event of any criminal actions arising out of your use of the Website.

2.7 You are responsible for obtaining and paying for any equipment or services, including Internet and local phone service access, through which you can access the Website.

3.1 You agree and acknowledge that all Marks, copyrights, and all other intellectual property rights in and to all material or content contained within and supplied by STELLA SARMIENTO as part of the Website shall remain always vested in STELLA SARMIENTO. Nothing herein shall be construed as giving you or any other person or entity any ownership rights in or to the Marks or any other intellectual property; all such rights being owned exclusively by STELLA SARMIENTO.

3.2 All materials and content contained within the Website, including but not limited to the logos, text, button icons, graphics, images, and articles appearing on the Website, are owned by STELLA SARMIENTO or are used by STELLA SARMIENTO with permission, and are protected by U.S. and foreign copyright or other intellectual property laws. No portion of the materials or content on these pages may be reprinted or republished in any form without the prior express written permission of STELLA SARMIENTO.

STELLA SARMIENTO strives to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, technological or human errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. STELLA SARMIENTO reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. Descriptive information, prices and or imagery are subject to change without notice.

5.1 STELLA SARMIENTO respects the intellectual property rights of others and requires that its users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement or your rights are otherwise infringed or violated by anything on the Website, please notify STELLA SARMIENTO by sending an email to the following address: contact@stellasarmiento.com

5.2 In order for STELLA SARMIENTO to more effectively assist you, the notification must include ALL of the following:
(a) A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
(b) A description if the copyrighted work or other right you claim has been infringed or violated;
(c) Information reasonably sufficient to locate the material in question on the Website;
(d) Your name, address, telephone number, email address and all other information reasonably sufficient to permit STELLA SARMIENTO to contact you;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful 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 owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

When setting up an account through the Website, you will be able to choose a login and password to use in accessing the Website. You are responsible for maintaining the confidentiality of your login and password information. In the event of a breach of security through your account, you will be liable for any damage caused by the unauthorized use until you notify us in writing of the breach of security, and we have had a reasonable opportunity to remedy the unauthorized use. You agree to provide STELLA SARMIENTO with all assistance necessary to remedy such unauthorized use of the Website caused by a breach of security through your account.

7.1 Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. STELLA SARMIENTO reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in SS’s sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, STELLA SARMIENTO has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, STELLA SARMIENTO will issue a credit to your credit card account.

7.2 You acknowledge that although STELLA SARMIENTO has attempted to accurately depict the colors of the STELLA SARMIENTO products offered on the Website, the color displayed is dependent on many different factors including the display of your computer monitor. As such, you further acknowledge that STELLA SARMIENTO is not responsible for any inaccuracies or color variations in the products you purchase from the Website. Moreover, the products may be depicted larger or smaller than their actual size depending on your monitor and/or computer settings.

7.3 STELLA SARMIENTO accepts the following credit cards: Visa, MasterCard, and American Express. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay or in some instances prevent the processing of your order. Your credit card will be billed upon shipment of your order.

7.4 For a multiple product order, STELLA SARMIENTO will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform STELLA SARMIENTO otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

7.5 Your receipt of an electronic or other form of order confirmation does not signify STELLA SARMIENTO’s acceptance of your order, nor does it constitute confirmation of STELLA SARMIENTO’s offer to sell. STELLA SARMIENTO’s reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

7.6 STELLA SARMIENTO’s will ship your order as it becomes available. Usually, products ship the 2 days if ordered by 11:00AM (Eastern Time), or by three  business days if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. If any of the products of the order has to be adjusted to size or modified the shipping time will be coordinated accordingly.  You may cancel your order at any time prior to shipping unless it is a Special Order.

STELLA SARMIENTO cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by STELLA SARMIENTO’s or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. There may be times when a product you have ordered is out-of-stock or cannot be immediately shipped, which will delay fulfilling your order. Delivery of these particular products varies and depends on individual production timelines. STELLA SARMIENTO’s will keep you informed of any products that you have ordered that are out-of-stock or unavailable for immediate shipment, and provide an estimate of these delivery timeframes. These are estimated timeframes and may vary from the actual time necessary to complete your order. STELLA SARMIENTO’s will confirm commitment with you before proceeding with an order that requires this additional completion time. When your item is ready, you will be notified and required to verify payment information. STELLA SARMIENTO’s requires payment for these orders within fourteen (14) days of notification, with cancellation of the order after that point. Orders that are finalized in this fashion will be delivered based on the previously confirmed method of shipment.

7.7 STELLA SARMIENTO’s will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for thirty (30) days from the date of purchase. Fulfillment mistakes that STELLA SARMIENTO’s makes resulting in the shipment of incorrect product to you will also be accepted for return thirty (30) days from the date of purchase.

7.8 STELLA SARMIENTO’s shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.

Although STELLA SARMIENTO strives to provide information through the Website, you acknowledge and agree that your use of the Website is subject to the following disclaimers and limitations of liability:

(a) THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STELLA SARMIENTO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STELLA SARMIENTO MAKES NO WARRANTY THAT(i) THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, (ii) THE RESULTS OR INFORMATION OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

(b) UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, STELLA SARMIENTO  MAKES NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED,SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY STELLA SARMIENTO, ON STELLA SARMIENTO’S BEHALF, OR BY OTHERS, ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

(c) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL STELLA SARMIENTO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT SS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM STELLA SARMIENTO OR ITS SUBSIDIARIES AND AFFILIATES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT FAILS ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold harmless STELLA SARMIENTO, its, officers  subsidiaries, directors, affiliates, , employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), made by any third party arising out of or relating to your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another.

The Website may contain links to third party websites or resources, or you may have come to the Website using a link on another website. STELLA SARMIENTO makes no representation or warranties concerning such third party websites or resources and is not responsible for the content or operation of such third party websites or resources, and shall have no liability in connection with them.

You agree that STELLA SARMIENTO may, under certain circumstances and without prior notice, immediately terminate your right to use or make purchases through the Website in the event that:
(a) You breach or violate these Terms of Use; and
(b) STELLA SARMIENTO, in its sole discretion, decides to discontinue access to the Website. You agree that all terminations shall be made in STELLA SARMIENTO’s sole discretion and that STELLA SARMIENTO shall not be liable to you or any third-party for any termination of your account or access to the Website

It is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials to or from the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND STELLA SARMIENTO MUST BE RESOLVED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. PLEASE READ THIS AGREEMENT CAREFULLY.

Most user concerns can be resolved quickly and to the user’s satisfaction by contacting Client Services at contact@stellasarmiento.com In the unlikely event that STELLA SARMIENTO’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you and STELLA SARMIENTO agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and STELLA SARMIENTO further agree that each party can bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $5,000, STELLA SARMIENTO will pay all costs of arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from to at least the same extent as you would be entitled to in court.
This Agreement is governed by the laws of the State of New York, irrespective of any principles of conflicts of law

14.1 Construction. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

14.2 No Waiver. The failure by either you or STELLA SARMIENTO to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use.

14.3 Survival. All provisions in these Terms of Use regarding representations, indemnification, warranties, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

14.4 STELLA SARMIENTO may freely assign these Terms of Use or any of its rights and/or obligations hereunder.

14.5 Headings. The headings hereof are descriptive only and not to be construed in interpreting the provisions of these Terms of Use.

Under Florida Civil Code, Florida Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the Florida Department of Consumer Affairs, 1-800-HELP-FLA (435-7352)

You may send STELLA SARMIENTO notices or communicate with STELLA SARMIENTO by email to contact@stellasarmiento.com. If you do not receive a response within 7 business days, please send STELLA SARMIENTO another email as your original email may not have been received.