Introduction
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.havanajim.shop website (the “Service”) operated by Havana Jim® Shirts, Shorts (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
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 card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of 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 certain 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.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Havana Jim® Shirts, Shorts and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Havana Jim® Shirts, Shorts.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Havana Jim® Shirts, Shorts.
Havana Jim® Shirts, Shorts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Havana Jim® Shirts, Shorts 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 or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
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.
Indemnification
You agree to defend, indemnify and hold harmless Havana Jim® Shirts, Shorts and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Havana Jim® Shirts, Shorts, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Havana Jim® Shirts, Shorts its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, 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 between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].
Privacy Policy
Please refer to our Privacy Policy https://havanajim.shop/privacy-policy for information on how we collect, use and disclose information from our users.
Age Restrictions
The Service is available only to individuals who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.
User Representations
Regarding Content You Provide
The Service allows you and other users to upload, post, email, transmit and otherwise make available content to us. You represent and warrant that the content you provide:
- Is truthful, not misleading or deceptive, and accurate;
- Is not and does not contain libelous or otherwise defamatory content;
- Does not and will not infringe or violate any copyright, trademark, patent, trade secrets, right of privacy or publicity or other right of any person, firm or entity;
- Does not and will not violate any law or regulation; and
- May be used for commercial purposes relating to Havana Jim’s business, including advertising and promotional purposes, without any obligation to compensate you.
You grant Havana Jim, its affiliates and sublicensees the right to use any IP content that you submit through the Service. You grant Havana Jim, its affiliates and sublicensees the right to use the name that you submit in connection with any IP content. You agree not to submit IP content unless you are the original creator or owner of the IP content or you have the express permission of the owner to post such IP content.
Regarding Conduct
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us. You may not use the Service for any illegal purpose or in violation of any local, state, national, or international law.
Prohibited Content
You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane content or any content that could constitute or encourage unlawful conduct.
Security Rules
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
We reserve the right to report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate user information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of the Terms.
DMCA Notice
We are committed to complying with U.S. copyright and related laws. If you believe your work has been copied in a way that constitutes copyright infringement, please send a notice of infringement containing the following information to our designated agent:
- Identification of the copyrighted work that you claim has been infringed, or a representative list if multiple works are involved;
- Identification of the infringing material and information reasonably sufficient to permit us to locate the material (for example, the URL of the infringing page);
- Your contact information, including your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
- An electronic or physical signature of someone authorized to act on behalf of the owner of the copyright interest.
Notices of copyright infringement claims should be sent to our designated agent:
Havana Jim DMCA Agent
We reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion.
Returns and Refunds
If you are unhappy with any product or service purchased on the Service for any reason, you may request a refund within 30 days of your purchase. Please contact us at [email protected] to initiate the refund process and provide details on why you are requesting a refund.
Refunds requested outside of the 30-day period generally will not be provided, unless required under applicable law. We reserve the right to provide refunds at our sole discretion on a case-by-case basis outside of the 30-day refund period.
Havana Jim reserves the right to close your account if there are excessive refund requests associated with your account.
Modification of Refund Policies
Havana Jim reserves the right to modify our refund policies at any time in accordance with applicable law.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1245 or (800) 952-5210. You may contact us at Havana Jim, 123 Main Street, Miami, FL 33131 or [email protected].
Notice for EU Users
If you are an EU user, you benefit from all mandatory rights provided by EU regulation on consumers’ protection in distance selling contracts.
Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Havana Jim Legal Department
123 Main Street
Miami, FL 33131