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Consumer Terms & Conditions of Use
Shipping costs to countries outside the European Union may vary according to the final destination. These costs are calculated on your shopping bag, as you checkout, before paying.
ALTHOUGH YOU HAVE BEEN LOOKING AT MERCHANDISE ON SALSA'S WEBSITE, ANY PURCHASES THAT YOU MAKE WITH A SHIPPING ADDRESS OUTSIDE THE DOMICILE COUNTRY OF THE SALSA (AND THEREFORE THROUGH THIS CHECKOUT), WILL BE MADE VIA SWIPEZOOM (AS MORE FULLY DESCRIBED BELOW). By visiting this checkout and/or placing an order with the SALSA via the SwipeZoom platform, you are agreeing to be bound by the terms & conditions (the "Conditions of Use") set forth herein. If you visit or place an order, you accept these conditions.
Please read them carefully.
1. Nature of Transaction. SwipeZoom contracts with SALSAs that do not have the provision to ship internationally including the SALSA, to avail said SALSA’s merchandise to consumers, such as you ("you"), for delivery to addresses outside of the domicile country of the SALSA through the SwipeZoom network, and to provide you with an opportunity to purchase such merchandise at a price and in a currency selected by you, inclusive of international shipping costs, brokerage and customs clearance costs, import duty and sales taxes (unless you chose an option, if available, whereby you would be responsible for payment of import duties and/or sales tax), but exclusive of any surcharges which may be imposed by the issuing bank of the credit card you use on transactions with companies domiciled in the country of the SALSA. By placing an order through this checkout (and therefore with SwipeZoom , you acknowledge that your transaction will be with the SALSA using the SwipeZoom platform, and not with the SALSA, and that upon successful verification by SwipeZoom of the authenticity and sufficiency of the payment information you provide, that the SALSA will begin the process of shipping out your order to your address at a price equal to the amounts presented to and agreed-upon by you.. You acknowledge that SwipeZoom shall be entitled to verify the authenticity and sufficiency of the payment information you provide, and if SwipeZoom is unable to verify the information automatically, SwipeZoom representatives may contact you and/or your tender type issuer to confirm your identity and/or your intent to place the order. Neither SwipeZoom nor the SALSA have accepted an order from you, and made a commitment of any kind to provide merchandise to you, until such information is verified and confirmed. If you are under 18, considered a minor in your local jurisdiction, or the equivalent thereof, you may use this checkout only with involvement of a parent or guardian. SwipeZoom reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
2. Non-Commercial Use Intent and Compliance with Applicable Export, Import and Sanctions Law(s). SALSA’s merchandise available through purchase from this checkout internationally is intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. Further, by agreeing to these terms and conditions, you are certifying that any items purchased from the SALSA and via the SwipeZoom network will not be exported, sold, or transferred in violation of any applicable laws. It is your responsibility to know the laws in the country into which you are importing. By purchasing such items you are acknowledging that said import does not violate any laws or regulations in the country into which the purchase will be imported.
3. Title to Goods. All items purchased from for international delivery and therefore via SwipeZoom are made pursuant to a shipment contract. After shipment of an order you have placed, title of said merchandise shall transfer from the SALSA to you.
4. Billing Timing. If you provide a credit card as your tender type, your credit card will be billed , and charges to your account will be accompanied by the descriptor 'SWP*(SALSA), SwipeZoom .com' where SWP denotes the SwipeZoom network, and SALSA whose merchandise you have purchased through the SwipeZoom platform. In either case, you will only be billed after your merchandise has been processed, packed and dispatched for delivery by the SALSA. SALSA will process only the merchandise available for delivery at the SALSA’s end, and will only bill for an amount commensurate with the price of the merchandise therein, pro-rated amounts for shipping and/or handling, plus any duty, taxes, VAT. Notwithstanding the foregoing, in the event of an order being fulfilled by the SALSA in multiple parcels, unless expressly consented to by you, in no instance will the aggregate amount billed to you exceed the total amount presented at the time of order placement by you.
5. Brokers. By ordering goods through the SwipeZoom checkout platform, you hereby authorize a licensed customs broker chosen by SwipeZoom to act as your agent and transact business with foreign revenue authorities to clear your merchandise, account for duties and taxes on your behalf, return your merchandise and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return. If you return merchandise originally shipped by SALSA using the shipping and freight partners, you understand that foreign revenue authorities will not refund any duties and taxes that were paid on the returned merchandise and you will obtain any refund due, as applicable, directly from SwipeZoom .
6. Customs, Duties, Taxes and Collection Fees. When you purchase merchandise from SALSA the (as discussed in Section 1 above), you may be given an option to prepay or not prepay import taxes and customs duties that may be levied by the destination country, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, “Import Fees”). Whether you are given one option or both, we will make commercially reasonable efforts to estimate the amount of Import Fees (said estimate, the “Estimate”). However, the Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase.
Prepaying Import Fees: If you choose to prepay the Import Fees, you agree and acknowledge that (a) the actual Import Fees may be more or less than the Estimate and (b) you will NOT be asked to pay more money OR receive any refund in the case that the actual Import Fees differ than the Estimate.
Deferring Payment of Import Fees: if you choose to not prepay the import fees, you agree and acknowledge that (i) the actual import fees may be more or less than the estimate; (ii) you (and not us, the broker, the shipper or any other party) must bear the responsibility of paying all actual import fees; (iii) in the case that any entity other than you must pay some or all of the actual import fees on your behalf to effect customs clearance, you will reimburse (upon request) that entity in full for the actual import fees paid on your behalf; (iv) failure by you to pay import taxes in a timely manner may cause delays beyond our original delivery estimates.
Failure to Pay Import Fees: moreover, if you choose to not prepay the import fees and if you (or the recipient) subsequently refuse or fail to accept the delivery of the merchandise, refuse or fail to pay import fees, and/or attempt to return the merchandise to avoid paying import fees: (1) the costs you have already prepaid for shipping and/or handling will not be reimbursed to you; (2) you will be responsible for all charges resulting from said refusal or failure to pay import fees (such as costs for shipping and handling back to the SALSA and any other fees resulting, directly or indirectly, from your failure to pay the import fees); (3) you understand that all sales are final and we are not required to refund you the cost of the merchandise, but we may do so in certain cases in our sole discretion; (4) you are still responsible for all actual import fees; (5) you will not request that SwipeZoom , the SALSA or any other entity reimburse you for any import fees paid; (6) you may have the option (depending on local laws and regulations) to be reimbursed by a governmental or other authority for some or all of the actual import fees (and you should contact the local customs office for more information on this), but you (and not SwipeZoom or any other entity) will be responsible for taking action to try to be so reimbursed; (7) if SwipeZoom , the SALSA(or the shipper, broker or other entity) in our sole discretion decide to attempt to deal with the import fees directly with a governmental or other agency, we will no longer hold you responsible for the import fees; (8) any portion owed to you (after accounting for the items discussed above) will be refunded to you and (9) any portion owed to us (after accounting for the items discussed above),that we have not already collected from you, will be billed to you through your initial method of payment.
7. Returns. You agree to contact the SALSA whose merchandise you have purchased for any returns authorization.To make a return, the merchandise must be returned within 30 days. If authorized by the SALSA, pursuant to their international returns policy, either SwipeZoom or the SALSA will provide you with information on credit available to you and instructions on where to ship your return parcel. Please note that any return must be sent directly to the SALSA at the returns address they provide. It is your responsibility to guarantee that the package arrives at SALSA. Please be aware that proof of posting is NOT proof of receipt by SALSA, and for this reason we recommend you use a ‘signed-for’ trackable shipping method when returning merchandise to us. In this case, you will be reimbursed for the original sales prices of the returned merchandise plus or minus any additional credits or debits determined solely by SALSA, and only once SALSA confirms with SwipeZoom that they have received your merchandise and authorizes them to apply that credit. Any request for reimbursement of duty and/or taxes paid for orders shipped via shipping partners like FedEx for example must be made directly with the revenue authority and/or customs office in your country. If your order was shipped by any other carrier currently used by SwipeZoom , returns must be sent to the address indicated within the Return Merchandise Authorization email you will receive once you have contacted the SALSA and they have authorized your return. In these cases, SwipeZoom will reimburse you for the original sales prices of the returned merchandise, duty and/or taxes, plus or minus any additional credits or debits determined solely by SALSA.
Refunds & processing time: If your package arrives at SALSA within the 30-day timeline specified above, your refund will be processed in the original form of payment within 15 business days. You will be notified via email, at the address listed on your account, when this transaction has taken place. Your banking institution may require additional days to process and post this transaction to your account once they have received the information from SWIPEZOOM. You will obtain any refund due, as applicable, directly from SWIPEZOOM. You understand that we will not refund any duties and taxes that were paid on the returned merchandise.
Exchange for a different size, color or item: In order to serve you most efficiently, please place a second order for the item you would like instead. Once we receive your return, SWIPEZOOM will process a refund and credit your account, as per clause 7 (above).
8. Electronic Communications. When you visit this checkout or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. Disclaimer of warranties, limited warranty by SALSA and limitation of liability. this international checkout (including software) and services included on or otherwise made available to you through this checkout are provided by SwipeZoom on an "as is" and "as available" basis, unless otherwise specified in writing. SwipeZoom makes no representations or warranties of any kind, express or implied, as to the operation of this checkout or the information, content, materials, products (including software) or services included on or otherwise made available to you through this checkout, unless otherwise specified in writing. you expressly agree that your use of this checkout is at your sole risk. as detailed elsewhere herein, you are making your purchases directly from the SALSA via the international checkout option provided by SwipeZoom. Nonetheless (and without limiting or altering the disclaimers and limitation set forth above or below) SwipeZoom will make commercially reasonable efforts to contractually require the SALSA to honor limited warranties posted on their websites at the time of your placement of orders via SwipeZoom for merchandise. you agree to address any questions about merchandise and requests for merchandise support directly with the SALSA. This includes, without limitation, any concerns you may have about the fitness, quality, or safety of any merchandise. the SALSA provides all product images, descriptions and specifications to SwipeZoom, and SwipeZoom does not warrant the accuracy, reliability, or completeness of any such image, description or specification. SwipeZoom provides no warranties, guarantees or covenants of any kind relating to the fitness, quality, safety, or inability to use, or inability to have repaired or serviced, any merchandise it sells to you. To the maximum extent allowed by law, SwipeZoom disclaims all warranties, express or implied, relating to fitness, quality, or safety of merchandise, including, but not limited to, implied warranties of SALSAability and fitness for a particular purpose. you agree that SwipeZoom and its subsidiaries and affiliates (and each of their respective officers, directors, employees, contractors and representatives) shall not be liable to you for any damages of any kind arising from the use of the merchandise you purchasedirectly from the SALSA. You further agree that SwipeZoom and its subsidiaries and affiliates (and each of their respective officers, directors, employees, contractors and representatives) shall not be liable to you for any damages of any kind arising from a SALSA’s misuse of your personal data or the goods. liability is specifically excluded for direct, indirect, consequential, special, incidental and punitive damages, even if SwipeZoom has been advised of the possibility of such damages.
10. LIMITED WARRANTY BY SWIPEZOOM AND LIMITATION OF LIABILITY. SwipeZoom provides a limited warranty related exclusively to its processing, handling, and delivery of merchandise as set forth and limited by this section. you acknowledge that SwipeZoom shall not be responsible for any loss, damage to, or delay in delivery of merchandise you purchase, unless caused by SwipeZoom during the handling, or delivery of the merchandise. SwipeZoom shall have no liability for any delays or failure to ship in the event that any merchandise you instruct to purchase from SALSA is controlled under applicable lawsand/or sanctions laws such that the merchandise cannot be shipped to you. In addition, SwipeZoom shall have no liability for damage or delay unless caused by its gross negligence or intentional misconduct. Subject to the foregoing, SwipeZoom’s liability shall not under any circumstances exceed the actual price paid by you for the product or euros 500.00, whichever is less. Notwithstanding the foregoing limited warranty, SwipeZoom shall not be liable for any indirect, consequential, special, incidental and punitive damages, even if SwipeZoom has been advised of the possibility of such damages.
11. ADDITIONAL LIMITATION OF LIABILITY. The cumulative limitation of liability in this section is supplemental, and therefore applies in addition to, any other limitations of liability in these conditions of use. You agree that for any liability related to the merchandise, SwipeZoom shall not be liable or responsible for any amount of damages above the aggregate amount paid by you for the purchase of said merchandise.
12. Analytics. By placing an order via the SwipeZoom network, you acknowledge that SwipeZoom reserves the right to analyze transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of SwipeZoom's services. By way of example and not limitation, such aggregate use could include identifying market sensitivities, and relative market interest in specific product categories. For greater clarity, any transactional data analyzed will expressly exclude any personally identifiable information and will be aggregated.
13. Copyright. All content included on this checkout, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SwipeZoom , the SALSA or its licensors and protected by international copyright laws. The software and compilation of all content on this checkout is the exclusive property of SwipeZoom , the SALSA or its licensors and is protected by international copyright laws.
14. Trademarks. SwipeZoom, SwipeZoom.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of SwipeZoom in the United Kingdom and/or other countries. SwipeZoom’s trademarks and trade dress may not be used in connection with any product or service that is not that of SwipeZoom, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SwipeZoom. All other trademarks not owned by SwipeZoom that appear in this checkout are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SwipeZoom .
15. Patents. One or more patents owned or licensed by SwipeZoom may apply to this checkout and to the features and services accessible via this checkout.
16. Severability. These Conditions of Use state the entire agreement between you and SwipeZoom. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and SwipeZoom agree that it is our mutual intent that these Conditions of Use, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.
17. Jurisdiction and Applicable Law. The laws of the United Kingdom shall govern this Agreement. You understand and agree that you are waiving any legal protections otherwise provided by laws applicable to consumers in your country, and you acknowledge that SwipeZoom and the SALSA would not facilitate your purchase of merchandise from the SALSA if that were not the case. To the extent not prohibited by applicable law, you hereby agree and consent to the exclusive jurisdiction and venue of the courts situated in the united kingdomin any action, claim or dispute arising out of or relating to these conditions of use, and you hereby submit to the personal jurisdiction of such courts.
18. Modifications. We reserve the right to make changes to our checkout, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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