Terms and Conditions

TERMS OF USE

Pelushirts.com (hereinafter, the “Website”) is owned and operated by De la Cruz and Associates, Inc. (hereinafter, “De la Cruz” or “Company”), a corporation registered in and under the laws of Puerto Rico. 

1. ACKNOWLEDGEMENT AND ACCEPTANCE

These Terms of Use apply to all users of the Website. By using this Website, including but not limited to viewing content, registering for an account, subscribing to the newsletter, or making purchases, you signify that you have read, understand, and agree to be bound by (1) these Terms of Use; (2) the Website’s Privacy Policy; and (3) any other documents or clauses also incorporated in the Terms of Use and Privacy Policy (collectively, the “Terms”). If you do not agree to any of the Terms, please do not use the Website.

De la Cruz may make changes to the Terms from time to time. If changes are done, De la Cruz will post and update the revised Terms on the Website.  As changes can be made at any time without notifying you, it is your responsibility to review them in a timely manner.

2. USING THE WEBSITE 

As a condition of your use of the Website, you affirm that you are older than 21 years of age, or an emancipated minor, or possess legal parental or guardian consent, and you agree that you will not:

• distribute viruses or any other technology that may damage the Website or the interests of De la Cruz or other users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of the Website;

• copy, modify, resell or distribute any content of the Website without our written consent;
• use any robot, crawler or other automated means to access the Website and collect content for any purpose without our written consent;
• harvest or otherwise collect information about others, including email addresses without their consent or otherwise violate another person’s privacy; or
• circumvent measures used to prevent or restrict access to the Website.

We reserve the right to restrict a user’s use of the Website, either temporarily or permanently.

3. PELUSHIRTS’ ACCOUNTS

To access some features of the Website, you may have to create an account, by which you may be required to share with us personal information related, but not limited, to your demographic and financial data. As outlined in the Website’s Privacy Policy, said information, unless otherwise specified, will not be shared with any third-party and will be safely stored.

You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you must keep your account login secure. You must notify us immediately if you become aware of any unauthorized use of your account or any other breach of security.

Although De la Cruz cannot and will not be liable for your losses or damages caused by any unauthorized use of your account, you may be liable for our losses, or others’, due to such unauthorized use. 

4. INTELLECTUAL PROPERTY (“IP”) RIGHTS

When using and interacting with the Website, you may not post, submit, modify, distribute, or reproduce in any way any material that infringes an IP right belonging to another. All content included on the Website, such as trademarks, text, graphics, logos, button icons, images, audio clips, and digital downloads are the exclusive property of De la Cruz, its group companies or other affiliated parties and are all protected by trademark, copyright, and other intellectual property laws of Puerto Rico and the United States. Derivative works may not be made from the Website or any portion thereof. Likewise, the Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the written consent of De la Cruz. 

Prohibited commercial purposes include, without limitation, any of the following: sale of access to the Website or its content on another website; use of the Website for the primary purpose of gaining advertising or subscription revenue; and the sale of advertising targeted to the content of the Website.

De la Cruz hereby grants you a limited license to use the Website and its content, subject to the following restrictions: (a) your use is a personal use and is not for any commercial purpose beyond what is permitted by the Terms; (b) you do not copy, download, or print any aspect of the Website beyond what may be reasonably necessary for proper use of the Website for its intended purpose; (c) if you copy, download, or print any aspect of the Website, you do not remove or modify any copyright notices or other proprietary notices displayed on the Website; (d) you do not distribute, alter, or modify any aspect of the Website without De la Cruz’s prior written authorization; and (e) you otherwise comply with these Terms in all respects. The foregoing is a limited license, not a transfer of title.

5. EXCLUSION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT OR PRODUCTS ON THE WEBSITE ARE PROVIDED “AS IS,” AND DE LA CRUZ MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS OPERATION OR THE INFORMATION, CONTENT OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE PARTIES DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS OF THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE.

DE LA CRUZ DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE WEBSITE WILL BE UNINTERRUPTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH EVERY EFFORT IS MADE TO AVOID THIS.

DE LA CRUZ, ITS DIRECTORS, MEMBERS, ASSOCIATES, PARTNERS, EMPLOYEES, OFFICERS, SUPPLIERS, AGENTS AND/OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL, OR ANY EXPENSES THAT MAY BE SUFFERED BY YOU, THE USER, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE WEBSITE OR ITS CONTENT.

YOU WILL INDEMNIFY DE LA CRUZ, ITS OWNERS, DIRECTORS, MEMBERS, ASSOCIATES, PARTNERS, EMPLOYEES, OFFICERS, AGENTS, SUPPLIERS OR REPRESENTATIVES, AND HOLD THEM FULLY INDEMNIFIED, FROM AND AGAINST ANY LOSS OR DAMAGE SUFFERED OR LIABILITY INCURRED IN RESPECT OF ANY THIRD PARTY, ARISING OUT OF YOUR USE OF THE WEBSITE.  

IN NO EVENT SHALL DE LA CRUZ, ITS OWNERS, DIRECTORS, MEMBERS, ASSOCIATES, PARTNERS, EMPLOYEES, OFFICERS, AGENTS, SUPPLIERS OR REPRESENTATIVES BE LIABLE IN CONNECTION WITH THESE TERMS OF USE OR OUR SERVICES FOR ANY DAMAGES CAUSED BY:

• ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS;
• ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY;
• IMPROPER OR UNAUTHORIZED USE OF OUR SERVICES, PRODUCTS OR WEBSITE;
• USE OF OUR PLATFORM OR SERVICES AND PRODUCTS IN VIOLATION OF THESE TERMS OF USE; OR
• ANY REASON BEYOND OUR REASONABLE CONTROL, FORESEEABILITY OR PREDICTABILITY.

WHILE WE STRIVE TO ENSURE THAT THE INFORMATION ON THE WEBSITE IS CORRECT, WE DO NOT GUARANTEE THE ACCURACY AND COMPLETENESS OF THE CONTENT OR THE PRODUCTS SOLD IN IT. WE MAY MAKE CHANGES TO THE WEBSITE OR ITS CONTENT, AS WELL AS THE PRODUCTS SOLD THROUGH IT, AT ANY TIME WITHOUT NOTICE.  

6. THIRD PARTY SERVICES AND LINKS TO OTHER WEBSITES 

The Website may redirect the user to third-party service providers or have their services integrated through links or other ways. Access to other websites is at your own risk. De la Cruz shall not be responsible for and does not endorse, adopt, agree with, or accept any responsibility over the contents or use of these other parties. 

In case you purchase services or products from a third-party after being redirected by this Website, you understand and agree that: 

• De la Cruz is not a party to the contract between you and the third party;
• De la Cruz has no obligation to monitor the third-party services used by you;
• The third-party will be responsible for all obligations under the contract, including (without limitation) warranties or guarantees. De la Cruz will not be liable to you for any reason whatsoever under the contract with the third party; and
• It is your responsibility to evaluate the service and the terms and conditions applicable by the third party prior to purchasing the service.

IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH THIRD PARTY PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED BY THE THIRD PARTIES, IF APPLICABLE. 

7. Privacy Policy

You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy. All provisions of the Privacy Policy are incorporated by reference herein.

8. Products, Content and Specifications

The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any particular time. Products included on the Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on the Website. 

In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. 

In no event will anything contained in the Website be construed as a representation or guarantee with respect to any content, services or products. Further, we do not endorse, and are not responsible for, the accuracy and reliability of any opinion or statement made on the Website by any third-party, including, but not limited to, customers, manufacturers, distributors or suppliers of products and services sold through the Website. We assume no responsibility or obligation to modify or remove any inaccurate content. In addition, we may make changes to information about price, availability or other product attributes without notice. 

We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. 

With respect to the shipment of products and services sold through the Website, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.

9. SECURITY

De la Cruz reserves the right, at its discretion, to take whatever measures it deems necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who violates the security, integrity or acts to disrupt the reliability or back-office applications shall, in addition to criminal prosecution, be liable for all resulting losses or damages suffered by De la Cruz and its affiliates, agents and/or partners.

10. ELECTRONIC COMMUNICATIONS

By subscribing to our newsletter or registering an account, you consent to receive communications from Pelushirts or De la Cruz electronically. Pelushirts or De la Cruz may communicate with you by email, by a message sent by SMS, or by posting a notice on the Website. You agree that these electronic communications will satisfy any legal requirement that such communications be in writing.

Any feedback or comments you provide with respect to the website will be treated as non-confidential and we are free to use such information on an unrestricted basis. Requests for information regarding services or user accounts submitted through the website will be treated in accordance with the privacy policy. 

11. GENERAL AND APPLICABLE LAW

These Terms and the other policies posted on the Website constitute the entire agreement between De la Cruz and you. These Terms are governed by the laws of Puerto Rico and are subject to the laws of such jurisdiction. You agree that any claim or dispute you may have against De la Cruz must be resolved by the Administrative Agencies or the Courts of Puerto Rico.

If De La Cruz does not enforce any particular provision, it does not waive its right to do so later. If an agency or a court voids any of these Terms, the remaining will remain in effect. De la Cruz may update its Terms at any time and any such change will be effective as of the date it is posted on the Website.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by De la Cruz without restriction.