Terms & Conditions of Use
Please read these conditions carefully before using the Vinos de Frutas Tropicales website. By using the website, you signify your agreement to be bound by these conditions.
This website is owned and provided by Vinos de Frutas Tropicales. Please understand that all services provided by Vinos de Frutas Tropicales through this website, including the sale of any products, are provided subject to the following terms and conditions. BY USING THIS WEBSITE, WHETHER BY PURCHASING ANY PRODUCTS FROM OUR SITE OR BY DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE SITE OR OTHERWISE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS. In the event of a violation of any of these terms and conditions, Vinos de Frutas Tropicales reserves the right to deny future access to the website and to seek all remedies available at law and in equity.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the "Client Account" link of the website. Vinos de Frutas Tropicales reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion.
Products and Prices
Without limiting the generality of the following section (Subject to Change), the price and availability of any products contained or referenced on this website is subject to change at any time and without notice. As noted elsewhere herein, Vinos de Frutas Tropicales is not responsible for any typographical errors, which specifically includes those relating to the price of an item.
Prices are at all times subject to availability and nothing herein shall constitute an "offer to sell". We at all times reserve the right to refuse a requested order altogether. The receipt of an e-mail confirmation of your order is simply an acknowledgement that we have received your requested order and does not constitute an offer to sell.
Trademarks, Copyright, etc.
This website is owned and operated by Vinos de Frutas Tropicales. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, code, scripts and software (collectively, the "Materials"), is the property of Vinos de Frutas Tropicales and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted are also the property of Vinos de Frutas Tropicales and is protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. No right, title or interest in and to the materials is conveyed or granted to you. You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any Materials or other content from this website without the prior written consent of Vinos de Frutas Tropicales. Without in any way limiting the foregoing, you agree not to use the website or any Materials for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to Vinos de Frutas Tropicales or its business.
Subject to Change
Vinos de Frutas Tropicales reserves the right to make changes or modifications to this website or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these Terms and Conditions, at any time, in its sole discretion and without notice. All such changes shall be effective immediately upon posting. You should review these terms and Conditions frequently, as your use of the website following any changes to these Terms and Conditions shall constitute your acceptance of (and agreement to be bound by) the revised terms and Conditions whether or not you have actually reviewed them. Vinos de Frutas Tropicales may, at its sole discretion, terminate, suspend or discontinue any aspect of the website, including the availability of any features or products, at any time and without notice or liability. Vinos de Frutas Tropicales may also restrict your access to all or any portion of the website without notice or liability.
This website is created, controlled and maintained by Vinos de Frutas Tropicales in the State of Florida. Accordingly, the laws of the State of Florida shall in all events govern any disputes relating to this website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. Vinos de Frutas Tropicales makes no representations as to the compliance of the website or its terms and conditions with any applicable law. If you choose to access the website from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws. You may not use the website in violation of U.S. export laws.
By using this website, including by virtue of purchasing services and products hereon, you agree to submit to the jurisdiction of the State of Florida and agree that it shall serve as the sole and exclusive venue for any disputes relating to this website. Any claim or cause of action brought by you with respect to matters related to the website, including these terms and conditions, must be brought in a state or federal court located in the State of Florida and must be commenced no later than one year after the claim arises.
If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this website and may only be modified by a writing signed by both parties.
Third Party Sites
As a convenience to you, and for informational purposes only, Vinos de Frutas Tropicales may from time to time provide links to websites operated by other entities unrelated to Vinos de Frutas Tropicales. If you use any such link, you acknowledge that you will be leaving this website to visit another. If you decide to visit any linked site, you do so at your own risk. Vinos de Frutas Tropicales expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that Vinos de Frutas Tropicales endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and Vinos de Frutas Tropicales expressly disclaims any such endorsement.
Disclaimer of Warranties
THIS WEBSITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Vinos de Frutas Tropicales MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
Without limiting the generality of the foregoing, this website and the Materials contained herein may contain inaccuracies and typographical errors. Vinos de Frutas Tropicales does not warrant the accuracy or the completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this website. Any reliance on any of the foregoing shall be at your sole risk.
Disclaimer of Liability
IN NO EVENT SHALL Vinos de Frutas Tropicales, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF Vinos de Frutas Tropicales WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Events beyond our reasonable control
Vinos de Frutas Tropicales will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.