Terms of Use
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Welcome to the Santmira website (the “Site”), owned and operated by Akaria Inc. (hereinafter referred to as “us”, “we”, “the Company” or “Akaria Inc”). Please read these terms of use (“Terms of Use”) carefully before using this Site. Your use of this Site is expressly conditioned upon your acceptance of these Terms of Use. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, please do not use this Site. In addition, when using particular features and services on the Site, you will be subject to any posted guidelines and rules applicable to such features and services, all of which are incorporated herein by reference.
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Modification of the Site and the Services
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We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site including, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. We may suspend or terminate your ability to purchase through the Site.
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Purpose of the Site
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The purpose of the Site is to provide you with information about Santmira and our products. In addition, you may be able to purchase products through the Site. If you are under 18, you may use this Site only with involvement of a parent or guardian.
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Product Availability
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The availability of the products listed on the site is subject to change without notice. The display of a product on the Site is not a guarantee that the product is in stock or that it will be available for purchase when you visit the Site at a later date.
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Order Acceptance
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The advertisements on the Site are invitations to you to make offers to purchase our products on the Site and are not offers to sell. Your submission of electronic or other forms of order confirmation does not signify our acceptance of your order. We reserve the right at any time and without liability to you or any other person to reject, correct, cancel or terminate any order, including accepted orders.
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Payment
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We accept payment by credit card and Paypal, and any other forms we may determine from time to time. You are responsible for any payments due for any products ordered online. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.
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Prices
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All prices and other amounts appearing on the Site are quoted in American dollars. Prices are subject to change without notice.
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Sales Tax
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We are required by law to charge applicable sales tax on products shipped to those provinces and territories that charge such a tax and in which we operate.
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Returns, Refunds and Exchanges
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If you are not satisfied with any Santmira products, you may return your product, with your receipt, for a merchandise exchange. If you receive a damaged or defective item, we will promptly send you a replacement or issue you a full refund after you have returned the damaged or defective product. All returns must be made within seven (7) days after receiving the unwanted, damaged or defective product, as the case may be. You will not be charged any additional shipping or handling fees for replacement of such returned products. Please read our full Returns and Exchanges Policy about how to make returns.
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Errors
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Santmira does not warrant that the content of the Site including, without limitation, product descriptions, colors or photographs of products, is accurate or complete. Santmira reserves the right to do the following, without prior notice or liability to you or any other person:
(a) correct any error, inaccuracy or submission;
(b) change the products and services advertised or made available for sale on the Site;
(c) change the prices, fees, charges of such products and services;
(d) change any promotional offers;
(e) limit quantities available for sale or sold.
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Ownership and Permitted Use of the Site
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Santmira is unless otherwise stated, the owner of the Site (including all content, page headers, custom graphics, button icons, and scripts and the presentation, selection, coordination, enhancement, and arrangement of the information and content in the Site). Without limiting the foregoing, the Site is protected by copyright, trademark and other intellectual property laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its contents. The Site is made available to you for your lawful, personal use only. You may use the Site only in the manner expressly described in these Terms of Use and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited. Except as provided below, you may not copy, imitate, publish, republish, distribute, extract, re-use, upload, post, transmit, modify, index, catalog or reproduce any part of the Site, in whole or in part, without the prior written consent of Santmira. You may print pages from the Site provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not without the prior written permission of Santmira use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic devices, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.
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Trademarks
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All brand, product and service names used in the Site are the trademarks, trade names or service marks of Santmira unless otherwise stated. You may not use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other “hidden text” utilizing any such trademarks, trade names or service marks, without the express prior written permission of Santmira or the owner of such trademarks, trade names or service marks.
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User Submissions
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Santmira welcomes your comments, ideas, suggestions, or other content submitted through or to the Site and through other social media applications, email, telephone or mail (“Submissions”). We do not solicit nor do we wish to receive any Submissions that are confidential, secret or proprietary information. Unless otherwise expressly agreed in writing prior to your Submission to us, any Submissions sent to us will be deemed not to be confidential or secret. Such Submissions may not contain any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injuries to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” By submitting or sending Submissions to us you represent and warrant that the Submissions are original to you and that no other party has any rights to the Submissions. If you send Submissions to Santmira or the Site, you automatically grant (or warrant that the owner of the Submission grants) to Santmira and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, exploit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Santmira or its successors, assigns or licensees. You also agree, represent and warrant that any “moral rights” in the Submissions have been waived in favor of Santmira and its successors, assigns and licensees.
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Links to Other Websites
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Links may be established from the Site to external websites operated by third parties. These links are provided for your convenience. Your use of these third party websites is at your own risk. Santmira makes no warranties or representations about any third party websites and is not responsible or liable for such websites, their content, products, privacy settings, terms, or other materials on or available from them. It is your responsibility to review and understand the terms, policies, settings, and functions of any third party website.
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Disclaimer of Warranties
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The Site, and any content available on the site, are provided on an “as-is” and “as available” basis. To the fullest extent permitted by law, Santmira disclaims all warranties, representations and conditions, express or implied, including but not limited to all warranties, representations and conditions of merchantability, fitness for a particular purpose, title and non-infringement. You expressly agree that use of the Site is at your sole risk and 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 the Site. Neither we nor any of our business partners represent or warrant that the Site will be uninterrupted or error-free, that defects, if any, will be corrected, or that the Site is free of viruses or other harmful components; nor do we or they make any warranties, representations or conditions about the accuracy, reliability, currency, quality, performance or suitability of the Site or any content available on the Site. In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the Site.
All products listed or purchased on or through the Site are subject only to any applicable express warranties, representations and conditions. To the fullest extent permitted by applicable law, we disclaim all other warranties, representations and conditions of any kind, either express or implied, including, but not limited to, any implied warranties, representations and conditions of merchantability or fitness for a particular purpose, with respect to products listed or purchased on or through the Site. We disclaim any and all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication, notwithstanding anything to the contrary.
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Limitation of Liability
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To the fullest extent permitted by law, the sole remedy for any claim for damages arising out of or related to any the product listed or purchased on or through the Site shall be limited to a refund of the purchase price paid for such product. Under no circumstances shall we or any of our business partners, or any of our or their respective officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing the Site or any product sold through the Site, or any part thereof, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with the Site or any content, products or services made available or listed on it, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages.
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Exclusions and Limitations
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Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. In the event the foregoing exclusions or limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.
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Amendment of the Terms
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We reserve the right to amend these Terms of Use without notice to you from time to time. If we decide to change these Terms of Use we will post those changes here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.
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Applicable Law
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These Terms of Use are governed by and will be construed in accordance with the laws of the United States as applicable therein, without regard to conflict of law principles.
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General
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If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms of Use and the remaining provisions will continue in full force and effect. These Terms of Use ensure to the benefit of and is binding upon each of Santmira and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. Santmira may assign these Terms of Use and its rights and obligations under these Terms of Use without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Use will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties. Any rights not expressly granted by these Terms of Use are reserved to Santmira and Akaria Inc
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Comments
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If you have any comments or questions about or Site please contact our customer service department.