Terms and Conditions

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Terms and Conditions Pasteles La Andinita

DEFINITIONS

“Merchant” refers to any entity whose products or samples can be purchased and/or redeemed via the Site or Mobile Application.

“Mobile Application” means Pasteles La Andinita mobile application

“Services” means the services provided by Pasteles La Andinita on the Site or Mobile Application.

“Site” means www.pasteleslaandinita.com. “Pasteles La Andinita” or “PastelesLaAndinita” or “we” or “us” or “our” means Pasteles La Andinita.

“User Account” means the user account set up by a user of the Site, Mobile Application and/or Services.

  • REGISTRATION

2.1 Registration is not required to use most of the functions of the Site or Mobile Application or to access most of the Services. However, registration is required to redeem. This is so that we can provide you with easy access to print your delivery orders, view your past activities, and modify your preferences.

2.2 If you are discovered to have registered multiple User Accounts using a single postal mailing address to abuse the Site or Mobile Application or system, they will be deleted automatically without prior notification.

2.3 Each person is permitted to register only once, upon which a User Account will be created.

2.4 If you are under 18 years of age, please seek parental consent before registering.

2.5 Pasteles La Andinita reserves the right, at its sole discretion, to refuse or revoke registration to any applicant, and we are not obliged to give a reason for doing so.

2.6 You warrant that your registration details, including but not limited to your name, mobile number, email address and date of birth, are true and accurate at all times and that you shall not impersonate any person or entity. You will maintain and promptly update the information in your User Account to keep it true, accurate, current, and complete. Our Privacy Policy shall apply in respect of any such information provided by you.

2.6.1 If you have any questions about the processing of your personal data or about our Policy, if you do not accept the amended Policy, if you wish to withdraw any consent you have given us at any time, or if you wish to update or have access to your personal data, you are welcome to contact us. The contact details are:

Attention to: Pasteles La Andinita

Email: [email protected]

Mail: 18906 One Norman Circle, O, Cornelius, NC, 28031

2.7.2 All requests for correction or for access to your personal data must be in writing. We will endeavor to respond to your request within 30 days, and if that is not possible, we will inform you of the time by which we will respond to you.

2.7.3 We may be prevented by law from complying with any request that you may make. We may also decline any request that you may make if the law permits us to do so.

2.7.4 In many circumstances, we need to use your personal data for us to provide you with products or services which you require or have requested. If you do not provide us with the required personal data, or if you do not accept the amended Policy or withdraw your consent to our use and/or disclosure of your personal data for these purposes, it may not be possible for us to continue to serve you or provide you with the products and services that you require or have requested.

2.7.5 We may charge you a fee for responding to your request for access to the personal data which we hold about you, or for information about the ways in which we have (or may have) used your personal data. If a fee is to be charged, we will inform you of the amount beforehand and respond to your request after payment is received.

2.8 Once registered, you shall be the sole user and operator of your User Account.

2.9 All User Accounts must be registered with a valid email address that you access regularly, in order that, among other things, moderation emails (where required, including notification emails in respect of registration) and notification emails in respect of redemptions made by you may be sent to you. Any User Accounts which have been registered with temporary email addresses may be closed without notice. We may require Users to re-validate their User Accounts if we believe that they have been registered with an invalid email address.

2.10 All User Accounts must be registered with a valid delivery address in order that any products or Samples redeemed by you may be delivered to you at such delivery address. You are responsible to ensure that the delivery address provided in your User Account is correct and accurate.

2.11 If you use multiple logins for the purpose of disrupting a community or annoying other users, you may have action taken against you, including but not limited to suspension of any or all your User Accounts.

  • USER ID, PASSWORD AND SECURITY

3.1 In the event that any user ID and/or password is used by you or issued to you by us during the process of your signing up to be a user/member of Pasteles La Andinita, you shall protect the secrecy of such user ID and/or password at all times and shall ensure that the user ID and/or password is not revealed or disclosed in any manner whatsoever to any person. You should change your password from time to time to enhance its security. You shall be fully responsible for all use and liability resulting from access to this Site or Mobile Application with your user ID and/or password. We shall not be responsible for unauthorized transactions incurred by you arising from or in connection with the misuse or disclosure of your user ID and/or password.

3.2 Any passwords or rights given to you to obtain information or other contents are not transferable and may only be used by you. You must keep your password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or any breach of security is known to you. You agree that any person to whom your username or password is disclosed is authorized to function as your agent for the purposes of using (and/or transacting via) the Services, the Site and Mobile Application. Maintenance of the confidentiality of your password is your responsibility.

3.3 If you suspect that your password has been compromised in any manner, you shall immediately inform us and change your password.

  • MAILING ADDRESS AND ADDRESS VERIFICATION

4.1 We may correct your postal address information with standardized postal representation to reduce the chances of mis-delivery due to an incorrect or incomplete address.

4.2 Upon submission of your mailing address(es) to Pasteles La Andinita, you are required to double check the accuracy of the address(es). Pasteles La Andinita will not be liable for any loss or mis-delivery of any product, sample, or voucher because of your provision of a wrong/invalid address.

  • RETAIL PRODUCTS, SAMPLES, VOUCHERS

5.1 Samples/vouchers/products are subject to availability and will only be provided to you if you have adequate points for redemption or paid the purchase price (whichever applicable) and paid the delivery fee.

5.2 The posting of prices on the Site or Mobile Application is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between you and us is not entered into until we charge a valid credit card or otherwise accept payment from you.

  • TITLE AND DELIVERY OF PRODUCTS, SAMPLES AND VOUCHERS

6.1 All products, samples and vouchers shall be delivered via post.

6.2 All title and risk of loss and damage of products, samples and vouchers will be passed to you when your order is dispatched by Pasteles La Andinita.

6.3 Pasteles La Andinita will deliver the products, samples, and vouchers according to the instructions in your order as accepted by Pasteles La Andinita. In the event the wrong products, samples and/or vouchers are delivered to you, please take a photo of such wrong products, samples and/or vouchers and send it to [email protected] for verification purposes. Upon verification, we will redeliver the correct products, samples and/or vouchers (as the case may be) to you. You are not required to return the wrong products, samples and/or vouchers to Pasteles La Andinita.

6.4 For the avoidance of doubt, Pasteles La Andinita does not deliver products, samples, or vouchers to any address outside of Singapore under any circumstances.

  • COLOR / PRODUCT DESCRIPTION

7.1 We have made every effort to display as accurately as possible the colors of our products and samples on the Site or Mobile Application. Notwithstanding that, as the actual colors you see will depend on the settings of your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, dependable, current, or error-free. If a product or sample offered by the Site or Mobile Application is not as described, Clause 6.3 above shall apply.

7.2 The effectiveness of any product or sample varies from case to case. Reviews of products and samples, which contain statements in relation to the effectiveness of any products or samples, may be found on the Site or Mobile Application or on third party websites. We do not warrant the accuracy of any statements made by the reviewers in such reviews and accordingly we shall not be liable for any inaccuracy or misrepresentation in such reviews.

  • PAYMENTS

8.1 You represent and warrant that if you are making any payments relating to the Services, any payment information you provided is true, correct, and complete.

8.2 You will pay the charges incurred for your use of the Services at the posted rates, including any applicable taxes, via the Site or Mobile Application. Payment via the Site or Mobile Application shall be completed through Square/Stripe/PayPal/GoUrl secured payment gateway. You need to agree to PayPal’s terms and conditions for the use of PayPal’s secured payment gateway which may be found at http://www.paypal.com/.

8.3 All payment must be made in full. Pasteles La Andinita may retain any item for which we have not received payment in full until such time we receive full payment. We also reserve the right to dispose the item in any manner we deem fit in accordance with these Terms and Conditions.

8.4 We do not accept any request to split the payment for one (1) or more products, samples or vouchers which are made in one (1) or more orders.

  • CONTESTS

9.1 The Contest is organized by Pasteles La Andinita.

9.2 Participation in the Contest is subject to these Terms and Conditions (“these Terms and Conditions”).

9.3 By participating in the Contest, each participant accepts and agrees to be bound by these Terms and Conditions, and any amendments, additions, replacements, variations, and modifications hereto, which shall be final and binding in all respects. Pasteles La Andinita reserves the right at its sole discretion to amend, replace, vary and/or modify these Terms and Conditions without notice to the participant. Any non-compliance with or breach of any of these Terms and Conditions may disqualify a participant at any stage of the Contest, and any prizes won may be forfeited, withheld, withdrawn, or reclaimed.

9.4 The qualifying period for the Contest will be stated clearly on all communication posts (“Contest Period”).

9.5 To enter the Contest, a participant must follow all instructions stated on the contest postings to register your chance to win.

9.6 A participant who completes the steps listed in the contest postings during the Contest Period will receive ONE entry in the Contest (“Entry”).

9.7 Each participant shall only be entitled to win ONCE in the Contest, regardless of the number of entries submitted by such participant.

9.8 The Contest is open to Singaporeans, Permanent Residents, and others residing in Singapore, who are aged 13 years old and above. Winners who are below 18 years old will need to be accompanied by a parent or legal guardian when claiming their prize. Employees of Pasteles La Andinita and their immediate family members (including spouses, children, parents, brothers, and sisters) are not eligible to participate in the Contest. Winners will be required to sign a statement confirming their eligibility before prize collection.

9.9 The Contest will be drawn randomly from the pool of Entries by Pasteles La Andinita on the next working day at 15:00 hours at Huntersville after the contest ended.

9.10 All winners will be announced on Pasteles La Andinita’ social media platforms. Pasteles La Andinita’ decision at all stages of the Contest is final. No enquiries or appeals, verbal or written, shall be entertained. Winners shall present such documentation as Pasteles La Andinita may require for Pasteles La Andinita to verify the identity of the winner and, where applicable, eligibility, of the winner for a prize. If Pasteles La Andinita subsequently determines that a person is in fact not eligible for a prize or to participate in the Contest, for any reason whatsoever, the organizing may, in its sole discretion, reclaim such prize and award or dispose of such prize in such manner and/or to such person(s) as Pasteles La Andinita may deem fit.

9.11 The participants shall be deemed to have accepted all decisions by Pasteles La Andinita concerning, without limitation, these Terms and Conditions, the procedures and regulations of the Contest, the award of prizes and any other matters relating to the Contest, and to have agreed to abide by such decisions, terms and conditions, procedures, and regulations.

9.12 Prizes are subject to availability and Pasteles La Andinita reserves the right, at any time and in its sole discretion, to substitute, withdraw, add to, or alter, any of the prizes offered under the Contest without notice to the participants. Prizes are not transferable, not refundable, and not exchangeable for cash or other items, in full or part, and are not replaceable if lost, damaged or stolen. Pasteles La Andinita accepts no responsibility for any tax or other liability that may arise from the prizes. A winner shall not be entitled to any compensation, benefit or substitution in any form should the prize be forfeited, withheld, unused or reclaimed.

9.13 Pasteles La Andinita will not be liable for any direct and indirect losses, damages, and claims, howsoever caused. All warranty claims regarding a prize should be directed to the applicable manufacturer or merchant. No representations, warranties, terms or conditions that are not expressly stated in these Terms and Conditions shall apply to Contest or in respect of the prizes, save to the extent that such representations, warranties or terms may not be excluded by law, and all implied warranties are hereby excluded, including but not limited to, the implied warranties of satisfactory quality, merchantability or fitness for a particular purpose of any of the prizes.

9.14 Pasteles La Andinita reserves the right to withdraw or terminate the Contest at any stage and at any time, if deemed necessary in its sole discretion, without notice or liability to any party.

9.15 All prizes (or their equivalent value) which are not won or remain unclaimed after two months of the date of the Contest will be forfeited.

9.16 By participating in the Contest, a Participant shall be deemed to have given his or her express consent to Pasteles La Andinita using and/or disclosing such participant’s personal particulars to any person or entity involved in organizing, promoting, or conducting the Contest, for the purposes of the Contest. Each participant and/or winner in the Contest consents to Pasteles La Andinita disclosing and/or publishing their names, particulars, personal data, and pictures / photographs in any manner which Pasteles La Andinita may deem fit for publicity and/or advertising purposes in relation to the Contest. The winners in the Contest shall cooperate with and participate in such publicity activity organized by Pasteles La Andinita without any compensation and in such manner as Pasteles La Andinita may deem fit. The non-compliance by any participant or winner with this clause shall result in his or her disqualification from the Contest and/or being entitled to receive any prize.

  1. YOUR RESPONSIBILITY

10.1 You shall use the Services subject to the following conditions:

(a) you agree to abide by and comply with these Terms and Conditions at all times;

(b) you agree to abide by and comply with the Terms and Conditions of the Site and Pasteles La Andinita Mobile App Terms and Conditions;

(c) you agree to submit a copy of your Personal ID for verification purposes if requested by us; and

(d) you have provided all information we require in connection with your registration, and such information is accurate and complete.

10.2 You grant us the right to disclose specific information as required by any applicable law, direction of a regulatory authority or stock exchange or pursuant to a court order.

10.3 You acknowledge that incomplete or erroneous information provided by you may result in loss or delay in the delivery of your product, sample, or voucher to your mailing address.

  1. OUR RESPONSIBILITY

11.1 We will notify you of the charges you have to pay for your use of the Services.

11.2 In providing the Services, we function as an independent contractor, and we are not an agent of any Merchant(s) or act in any other capacity unless otherwise specifically stated.

  1. RETURN POLICY FOR ANY SALE OF PRODUCTS, SAMPLES OR VOUCHERS ON THE SITE OR MOBILE APPLICATION

12.1 The required condition for return of any product shall be determined by the relevant Merchant.

12.2 All products, samples and vouchers are checked by Pasteles La Andinita’ staff before delivery to ensure that they are in good condition.

12.3 Once a product is sold, Pasteles La Andinita will not entertain any requests for refunds or exchanges of such product. Pasteles La Andinita shall only be responsible to deliver the product ordered by you in accordance with Clause 6.3 above. All requests for returns and exchanges of the product shall be directed to the Merchant.

  1. UNCLAIMED DELIVERIES

13.1 If you fail or refuse to

(i) accept delivery;

(ii) pay for delivery; or

(iii) collect the product, sample or voucher ordered by you, we may at our sole discretion:

(a) where appropriate, contact you and agree on the appropriate action to take;

(b) dispose the product, sample, or voucher in any manner we deem fit without being liable to you.

  1. RESTRICTED AREAS

14.1 For the avoidance of doubt, your product, sample, or voucher shall not be delivered to restricted areas.

  1. DISCLAIMER AND EXCLUSION OF LIABILITY

15.1 We shall not be liable for all direct, indirect, ancillary or consequential loss or damage, including but not limited to the loss of profits, business and anticipated savings, even if the risk of such loss or damage was brought to our attention, resulting from your use of the Services, products, samples or vouchers, including but not limited to our failure to perform any of our obligations hereunder as a result of circumstances outside our control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labor from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any mode of transport or other force majeure, including fire, flood or any acts of Nature.

15.2 The Services, are provided on an “as is,” “as available” basis without any warranties whether express or implied.

15.3 We give no warranty as to the genuineness or authenticity of any product, sample, or voucher from any Merchant.

15.4 You take responsibility for the use of any products or samples, taking into consideration the constitution of the person using such products or samples. For the avoidance of doubt, we shall not be liable for any consequence of use of products or samples, including but not limited to rash, skin irritation and skin dryness.

15.5 We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services, the Site, or the Mobile Application will be free of faults or that Samples will be free of error, and we do not accept liability for any such faults, errors, or omissions. In the event of any such error, fault, or omission, you should report it by contacting us at [email protected].

15.6 We do not warrant that your use of the Services, the Site or the Mobile Application will be uninterrupted, and we do not warrant that any information (or messages) transmitted via the Services, the Site or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services, the Site and the Mobile Application, access to the Services, the Site and the Mobile Application may be suspended, restricted, or terminated at any time.

15.7 We do not give any warranty that the Services, the Site, and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.

15.8 We reserve the right to change, modify, substitute, suspend or remove without notice any information, Samples or Services on the Site or Mobile Application from time to time. Your access to the Site or Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we can. For the avoidance of doubt, we reserve the right to withdraw any information or Samples or Services from the Site or Mobile Application at any time.

15.9 While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness, or completeness. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE SITE, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.10 Notwithstanding our efforts to ensure that our Site/system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Site, or electronic mail transmitted to and from us, will not be monitored or read by others.

15.11 Although we use reasonable endeavors to ensure that any software made available on this Site is suitable for downloading, installation and use by you, all such software is provided “as is” without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.

15.12 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Use.

15.13 Pasteles La Andinita may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites, on the Site. We are not responsible for the content of such advertisements or links, any products, services, or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any such advertisement or link does not imply endorsement by Pasteles La Andinita of the advertisement or linked site or any content therein. IN NO EVENT WILL PASTELES LA ANDINITA BE LIABLE, DIRECTLY, OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD-PARTY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.

  1. INDEMNITY

16.1 You shall indemnify and keep us always indemnified from and against all demands, claims, actions, suits, and proceedings incurred, suffered, or sustained by us in connection with the Services performed for you, and pay us damages, costs, and interest in connection with such demands, claims, actions, suits, or proceedings.

  1. TERMINATION BY US

17.1 We reserve the right to terminate or suspend your User Account and/or the Services at any time without assigning any reason.

17.2 Without prejudice to the generality of the foregoing, we reserve the right to terminate or suspend your use of the Services if:

(a) there is abuse or misuse of the Services by you; or

(b) we are of the reasonable opinion that you have breached any of these Terms and Conditions.

17.3 We shall not be liable to you or to any other party for any damages, losses, cost, or expenses howsoever caused by or arising out of such termination or suspension.

17.4 Upon the termination of any User Account, Pasteles La Andinita reserves the right to delete from server(s) any information contained in the Site or Mobile Application, including, but not limited to, postings, comments, bookmarks, messages, user ratings and points in account. There will be no refund to any kind on termination and you agree to waive all rights to claim or request of such refund.

  1. TERMINATION BY YOU

18.1 You may terminate use of the Services by giving us at least one (1) calendar month’s prior notice in writing to the address specified in Clause 18, and/or click here to contact us.

18.2 Your termination of use of any Services shall not release you from any liabilities or responsibilities which have accrued prior to the date of termination, including but not limited to your obligation to pay any outstanding charges

  1. NOTICES

19.1 Any notices, demands or any other correspondences whatsoever shall be deemed to be communicated to you if the same is sent by ordinary post or email to the address provided under your User Account, or such other address as informed to us in writing prior to the dispatching of any notices, demands or any other correspondence whatsoever.

19.2 All notices or correspondence from you to us must be in writing and sent to us at the address or email specified below.

Pasteles La Andinita

19806 One Norman Circle, O

Cornelius, NC, 29031, US

[email protected]

  • ASSIGNMENT AND SUB-CONTRACT

20.1 We have the right to assign or transfer or sub-contract all or part of our rights or obligations here under at our discretion without prior notice to you.

  • CHANGES TO TERMS OF USE

21.1 These Terms and Conditions may be modified from time to time. Any modifications to these Terms and Conditions will be effective upon publication on the Site or Mobile Application. You should therefore read these Terms and Conditions carefully before you place any order. Your continued use of the Services after any modifications to these Terms and Conditions indicates your acceptance of the modified Terms and Conditions.

  • APPLICABLE LAW AND JURISDICTION

22.1 The laws of the United States of America, without regard to the conflict of laws principles thereof, will apply to all matters relating to these Terms and Conditions.

22.2 You accept and agree to submit to the exclusive authority of the courts of the United States in respect of any dispute or difference arising out of and/or in connection with these Terms and Conditions.