Terms and
conditions
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Please review these TERMS AND CONDITIONS carefully as they are the terms of sale that govern your purchases atAtipicousa.us. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in Atipico’s product warranties. Your placement of an order at Atipicousa.us constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
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THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE
Atipico USA Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.
SHIPPING AND PROCESSING
Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. All orders are shipped in 1 to 5 working days.
ORDER CONFIRMATION
You will receive a confirmation email when your www.atipicousa.us order leaves the warehouse. The email will contain a tracking number that will allow you to track your order online or by phone. Product Prices are in US Dollars.
RETURN POLICY
If the purchased item arrives damaged or defective, you may return the product for a full exchange or product refund. A Return Authorization Number (RA #) or a Credit Authorization Number (CA #) must be issued and assigned to each case. Atipico will cover all shipping costs if a full exchange is authorized. All products must be packed in the original packaging.
DAMAGED PRODUCTS
Products for which a damage claim is properly filed will be replaced with the same item or a credit will be issued to you. Atipico USA Inc. is responsible only for products that are damaged as a result of improper packaging. The carrier is solely responsible for any products damaged during shipping to the customer.
Visible Damage
Customers should refuse visibly damaged products on the original delivery attempt. If visibly damaged products are accepted from the carrier, the customer must do the following to file a proper damage claim: 1.Note all damage in the carrier’s bill of lading at the time of delivery. 2.Save the product, the packaging and the original box until the claim is finalized. 3.Notify Atipico USA WITHIN TWO (2) DAYS after receipt of the damaged products and send clear photos of the damaged product.
Hidden Damage
Products must be inspected immediately after delivery. If damage is discovered after products are accepted from the carrier, the customer must do the following to file a proper damage claim: 1.Notify Atipico USA Inc. WITHIN TWO (2) DAYS after receipt of the damaged products. 2.Save the product, the packaging and the original box until the claim is finalized. 3.Send clear photos of the damaged product.
Products that are not defective or that have not been found to be damaged upon arrival cannot be returned.
If a refund is authorized, a credit will be issued and will appear on your billing statement. If a replacement is authorized, your request will be processed immediately and a replacement will be sent.
Please note that in order to receive a refund or exchange, we require that the returned merchandise be in new, complete and original condition and packaging.
DISCLAIMER
This Web Site and all Content available on this Web Site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that Atipico USA Inc. shall not be liable for any damages of any kind related to your use of this Web Site. Neither party will be liable for breach-of-contract damages that the breaching party could not reasonably have foreseen on entry into this agreement. In particular, Incidental damages and Consequential damages are limited to the value of the goods purchased plus shipping cost. Applicable Law Any dispute relating to atipicousa.com website or use or inability to use the atipicousa.com website (collectively, ‘Dispute’) will be governed by the laws of the State of New York, without regard to (i) its conflict of law provisions, (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods, or (iii) any provision of the Uniform Computer Information Transaction Act as it may be enacted in New York or any other jurisdiction. Atipico USA Inc. will not be liable for and you may not recover punitive, special, and/or indirect damages from any claim relating to your use of atipicousa.com website. No Class Actions To the fullest extent permitted by applicable law, no arbitration under these terms shall be joined to an arbitration involving any other party subject to these terms, whether through class arbitration or otherwise
WARRANTY
Atipico USA Inc. provides one (1) year Full Warranty on the products sold at atipicousa.com. If a purchased item is defective, you may return the product for a full exchange or product refund. A Return Authorization Number (RA #) or a Credit Authorization Number (CA #) must be issued and assigned to each case. We will ask you to provide us with a photo of the defective product or to return the defective product to us. We will cover shipping costs in the event that the products are indeed found to be defective.
OUR LIABILITY
There are no warranties, conditions or other terms that are binding on us except as expressly stated in this Terms and Conditions; and Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in this Terms and Conditions by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded. We will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question. Notwithstanding the above, nothing in this Terms and Conditions excludes, restricts or modifies any condition, warranty, right or liability implied into this Contract where to do so is illegal or would render any provision of this Terms and Conditions void.
CIRCUMSTANCES BEYOND OUR CONTROL
We will make every effort to perform our obligations under this Terms and Conditions. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstance beyond our reasonable control.
PRODUCT INFORMATION
The prices displayed on our Web Site or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.
INACCURACY DISCLAIMER
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Atipico USA Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
SECURE PAYMENT
SSL Certificates Payments are processed in a secure environment where the server uses an SSL certificate. SSL certificate is a digital certificate that authenticates the identity of a Web site and encrypts information that is sent to the server using Secure Sockets Layer (SSL) technology. SSL certificates—built around stringent, industry-leading authentication measures—allow Web site owners to secure all online transactions with up to 256-bit encryption. An SSL certificate on a Web site ensures that sensitive data is safe from prying eyes.
AGREEMENT
Credit Card Utilized to Make Payments on Internet We accept payments online. Atipico USA Inc. cannot accept your order until you have paid for it in full. You may pay by MasterCard, Visa, Amex, and Discover. Upon payment, we will confirm receipt of your order by an acknowledgment displayed onscreen once your payment details have been accepted, followed by an email which will be sent to the email address you provide on your order details. You will have an opportunity to check and correct any input errors in your order up until the point at which You submit your order by clicking the “confirm order” button on the checkout page. A legally binding contract between Us is created at the point of our acceptance of Your order. Atipico USA Inc. reserves the right to choose not to accept your order for any reason, at its discretion, and will not be liable to You or anyone else in those circumstances. In the unlikely event that the price of an item has been incorrectly advertised on this website, we will contact You by email (at the address provided with your order details) or telephone to ask whether You wish to proceed with the order at the correct price. By using a credit/debit card to pay for your order, You confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with your order. Enforcement, Modification, and Requirement It is to be understood that the online payment terms and conditions are applied to all products and services which their payments are made with the credit card; furthermore, it is to be considered that the customer or service utilizer, who pays with such method, agrees to all terms and conditions. Moreover, the customer waives to file a complaint or charge us for any compensation, which might happen based on the possibility of cancellation on the order(s) of products and/or services, when the payment is made inaccurately and/or not following the payment terms and conditions as clarified. Security We understand that You may have concerns about security on the internet. Our website uses a secure server that implements secure sockets layer (SSL) technology in our on-line ordering process to protect your payment card information. Once You have completed the selection of products You wish to purchase You may proceed to place an order. As soon as You click “continue with order” your browser will go into secure mode. Data relating to your order and your personal and payment card details will all pass to our server in an encrypted format. As soon as You have finished ordering You will exit secure mode. As an additional protection for You, our system is designed so that You cannot place an order until You are safely within secure mode. We recommend that You do not communicate your payment card details to anyone, including Us, by email. We cannot be responsible for any losses You may incur in transmitting information to Us by internet link or by email. Any such loss shall not be borne either wholly or partly by Us, and shall be entirely your responsibility. We are required by law to inform You that sales can be concluded in US only and that no public filing requirements apply. Atipico USA Inc. may change these Purchase Terms at any time, provided that any such change will not affect any purchases You have made before the change is implemented. The Purchase Terms currently in effect are those published on this website. SSL certificates used support both industry-standard 128-bit (used by all banking infrastructures to safeguard sensitive data) and high-grade 256-bit SSL encryption to secure online transactions. The actual encryption strength on a secure connection using a digital certificate is determined by the level of encryption supported by the user’s browser and the server that the Web site resides on. If you have any questions regarding your order, please feel free to contact us.
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