Terms and Conditions of Use
Version 1.0 - April 10, 2019.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO THE PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND THE TERMS OF APPLICABLE LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS.
- USER: for whom the product or service offered by AWÁPA is designed.
- Member: general terminology for all types of USERS who have an account within AWÁPA.
- Buyer Member or Seller Member: USER who has an account within AWÁPA and can buy and / or sell products and / or services within AWÁPA.
- ADMIN: Those who administer the AWÁPA / AWÁPA Marketplace platform may be the company AFOI TRIANTAFYLLOU IKE (international), Awatea S.A. (Costa Rica) / AWÁPA / AWÁPA E-mercado / AWÁPA Marketplace or https: awa.pa
1. PRELIMINARY PROVISIONS
1.1. AWÁPA MARKETPLACE
1.1.1. Welcome to AWÁPA / Marketplace (hereinafter AWÁPA or AWÁPA Marketplace) and thank you for using our Sites and Services ("Services"). The Services are provided by AFOI TRIANTAFYLLOU IKE / KODAM IKE which is a commercial company with registered office in the Hellenic Republic, 29 Iouniou 8, 62123 SERRES (International site) and partner of the said company for the Central American region - Awatea Suplidora Centroamericana Sociedad Anónima, hereinafter AWÁPA, AWÁPA E-mercado, AWÁPA Marketplace, AWÁPA B2B or awa.pa), which is a commercial company with registered office in the Republic of Costa Rica, San José, Parque de La Amistad, 300 meters West and 50 meters South, 10109 Pavas. It should be clarified that AWÁPA is the general name of the business but within it, there are three sub-divisions:
• Awápa Marketplace, which is a platform that, for the most part, allows sellers or suppliers to create an account to offer and sell their products and services to buyers. Please read the Terms and Conditions of Use here.
• Awápa which deals with the sale of products directly by the commercial company Awatea Suplidora Centroamericana Sociedad Anónima. Please read the Terms and Conditions of Use here.
• Awápa B2B is also an E-Market, a Marketplace, but where only wholesale purchases are made. Please read the Terms and Conditions of Use here.
1.2. AREA OF APPLICATION
1.2.1. AWÁPA Marketplace is a buying and selling site that allows Users to offer, sell, compare (offers of products and services selected for prices or other parameters) and buy goods and services, in a wide variety of price formats in the Central American territory.
1.2.2. AWÁPA Marketplace does not own any of the items for sale or sold through AWAPA Marketplace, and is not involved in the actual transaction between buyers and sellers. The purchase agreement is made directly between the buyer and the seller. AWÁPA Marketplace is a platform for those interested in commercial transactions.
2. APPLICATION AND ACCEPTANCE OF THE TERMS (T & C)
2.1. By using the services of AWÁPA you are accepting these Terms and Conditions of Use (hereinafter "T & C of Use"). Please, read them carefully. If the USER does not agree with this document, he / she cannot access and / or use the Services.
2.2. AWAPA services are extensive and diverse, so that additional Terms and Conditions or other requirements (including age requirements) may sometimes apply. The following:
• T & C of Use
• Privacy and Cookies Policies
• Product listing policy
• Return policy
• T & C for mobile device platforms and applications
• T & C of Use CPA
• T & C of Use of AWÁPA B2B
In addition to the documents above, the Policies published on the AWÁPA website, establish the conditions under which AWÁPA offers access to the website, services, software, applications and tools (collectively referred to as "Sites and Services").
2.3. These documents have been prepared in accordance with current regulations on the subject and specifically, in accordance with the provisions of the following legal texts: Law Project No. 16,081 (Electronic Commerce Law), Law No. 7472 (Promotion of Competition and Effective Defense of the Consumer), Law No. 8454 (Law on Certificates, Digital Signatures and Electronic Documents), the Commercial Code and the laws that regulate commerce in its most general form. These T & C of Use must be complemented with any other specific or specific contracting conditions determined with the USER or in each particular case.
2.4. All AWAPA Policies, together with all other policies and principles governing AWAPA, and which are incorporated herein directly or by reference or that are explained and / or detailed in other sections of the Site, are integral part of the present T & C of Use. THE USER wishing to access and / or use the Sites and Services of AWÁPA, expressly declares to have read and accepted these T & C of Use. This is mandatory and binding between the company AWATEA SA and the USER that makes use of it. The use of the Sites and Services of AWÁPA implies the explicit acceptance as USER, without reservation of any kind, of each and every one of the subsequent T & C.
2.5. The USER declares to have legal capacity to contract and doesn’t have any impediment according to the laws of the Republic of Costa Rica or other countries or regions, including the country or region in which he resides or from which he uses the Services and/or jurisdictions applicable, and the USER agrees to use the AWAPA Sites and Services for a lawful purpose. Sites and Services cannot be used by people who do not have legal capacity or minors. The acts that they perform on this site will be the responsibility of their parents, guardians, managers or curators, and therefore, will be considered performed by them in the exercise of legal representation with which they have. Who registers a USER as a company, must have the capacity to contract on behalf of such entity and to bind it to these T & C of Use.
2.6. If the USER accesses the Sites and Services from Costa Rica, Panama, Nicaragua, Guatemala, Belize, Honduras, El Salvador, Mexico, the Dominican Republic, Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, Venezuela or Spain, he will be held under the present version in Spanish of the T & C of Use (and the other policies).
2.7. For any Site or Service, an independent agreement must be signed, whether online or not, with AWÁPo (hereinafter, the "Additional agreements or specific T & C"). In the event of a conflict or inconsistency between the T & Cs and an additional Agreement, only the Additional Agreement on the T & Cs with respect to the Site or Service in question will prevail.
2.8. THE USER acknowledges and accepts that AWÁPA may, at any time and without prior notice, modify the present T & C that may be included, by publishing said modifications on the AWÁPA site itself so that they may be known and newly accepted by the USERS.
3. PROVISION OF SERVICES
3.1 The USER must register as a member of the site in order to access and use all Services. In addition, AWÁPA reserves the right, without prior notice, to restrict access or use of the Site or Services to the USER that AWÁPA may impose at its sole discretion.
3.2 The site and services may vary depending on the different regions and countries. No guarantee is offered that a specific Service or a particular feature or function thereof, or the same type and scope thereof will always be available to Users. AWÁPA may, in its sole discretion, limit, deny or create different levels of access to use any of the Site and Services with respect to the different Users.
3.3 AWÁPA may start, change, update, impose conditions on, suspend or stop the provision of any of the Services without prior notice. The only exception to the above is in the case of a payment service, where such change may not negatively affect the enjoyment of said Service by the Users of payment.
3.4 Some Services may be provided by subsidiaries or branches of AWÁPA, in which case, the same detailed conditions will apply.
4.1 As a condition for accessing and using the Site and Services, the USER agrees that he / she will comply with all applicable legislation and regulations detailed in this document.
4.2 The USER commits to use the Site and Services only for their own private and internal purposes but always within the parameters that are lawful and not contrary to morals or good customs. The USER agrees that he / she will not copy, reproduce, download, republish, sell, distribute or resell any Service or any information, text, images, graphics, video clips, sound, directories, files, databases or lists, etc., that are available on or through the Site (hereinafter, the "Site Content"), and will not copy, reproduce, download, compile or otherwise use any content of the Site in order to undertake a commercial activity that competes with AWAPA, nor will commercially exploit the contents of the Site without prior authorization from the owners of the commercial brand. The systematic recovery of the Site Content is prohibited to create or compile, directly or indirectly, a compilation, database or directory (either through robots, spiders, automatic devices or manual processes) without the written permission of AWÁPA. The use of any content or materials on the Sites is prohibited for any purpose that is not expressly allowed in the T & C.
4.3 You must read the AWAPA Privacy and Cookies Policy that regulates the protection and use of personal information about Users in AWÁPA. The USER can consult the T & C of the Privacy and Cookies Policies, through the following link:
4.4 The USER may access content, products or services offered by third parties through hyperlinks (in the form of text links, advertisements, channels or otherwise), API interfaces or otherwise on the Site and Web Services of such third parties. You are encouraged to read the T & C or Privacy Policies of those websites before using the Sites and Services. It should be noted that AWÁPA has no control over the services of third parties and disclaims any responsibility for services, products, and content available.
4.5 The USER will not undertake any type of action that endangers, degrades or breaks in any way the computer systems or networks of AWÁPA or of any other USER, nor will it obtain unauthorized access to said computer systems or networks.
4.6 The USER who will not adopt any measure that could affect the integrity of the AWÁPA comment system, such as leaving positive comments about himself or herself through the use of Identifications of other Members or through third parties, or leaving comments unfounded negatives of another USER.
4.7 By posting or displaying any information, content or material (hereinafter, the "USER Content") on the Site or by providing any type of USER Content to AWAPA or our representative (s), the USER grants an irrevocable, perpetual, worldwide, royalty-free and sub-licensable (through multiple levels) license to AWAPA to display, transmit, distribute, publish, reproduce, adapt, modify, translate, create derivative works or otherwise use all or part of the USER Content in any way, means or technology known or unknown currently, in any way and for any purpose that may be beneficial for the operation of the Site, the provision of any of the Services or the commercial activity of the USER. The USER confirms and guarantees AWÁPA that it has all the rights, faculties and authority necessary to grant the aforementioned license.
4.8 The USER is responsible for maintaining the confidentiality of the account data in AWÁPA, his account, and his password, as well as restricting access to his computer and other devices with the possibility of accessing the site. Likewise, the USER consciously assumes responsibility for any activity carried out from his account. The USER will be solely responsible for taking all necessary measures to ensure and safeguard the confidentiality of your password and you must immediately inform AWÁPA in case your password has been compromised in any way. The USER will be responsible for verifying that the data provided is correct and complete and will be obliged to inform AWÁPA in case of any variation in the information. You can update your information here.
5. MEMBER ACCOUNTS
5.1 The USER must be registered in the Site to access or use some of the Services (a registered USER is also referred to hereinafter as "Member"). Except if you have the approval of AWÁPA, a USER can only register one member account on the Sites. AWÁPA can cancel or suspend a USER’s member account if it has reason to suspect that the USER has registered or controls two or more member accounts at the same time. In addition, AWÁPA may reject a USER's registration request for any reason.
5.2 Once registered on the platform, AWÁPA will assign an account and provide, a member ID and a password (the latter will be chosen by the USER during registration) for each registered USER.
5.3 AWÁPA reserves the right to delete accounts, remove or edit content, cancel orders in case of violation of these T & C, rights of third parties or commission of an offense or any conduct that damages the reputation of AWÁPA or the USER's experience.
5.4 The USER accepts that all activities carried out through his account (including, among others, publish any information of the company or product) such as subscribing or making any payment for any services, sending emails with their email account or sending SMS, is considered to have been authorized by said USER.
5.5 The USER acknowledges that the sharing of his account with other people or allowing multiple Users outside his business entity to use his account (hereinafter and together, "multiple uses") may cause irreparable damage to AWÁPA or to other Users of the Sites. The USER exempts AWÁPA, our branches, directors, employees, agents, and representatives from any loss or damage (including, among others, loss of profits) that may suffer as a consequence of multiple uses of your account. The USER also accepts that, in case of multiple use of his account or of not being able to maintain the security of it, AWÁPA will not be responsible for any loss or damages derived from such infraction and will have the right to suspend or cancel the USER account without liability in relation to it if any of the above circumstances take place.
6. RESPONSIBILITIES OF THE USERS
6.1 The USER acknowledges, guarantees and accepts that:
(a) has full powers to accept the T & C, grant the license and authorization and carry out the obligations listed below;
(b) use the Site and Services solely for commercial purposes, and
(c) the address you have provided during the registration is the main activity center of your business entity. For the purposes of this provision, a branch or a liaison office shall not be considered as independent entities and its main activity center shall be its headquarters.
6.2 The USER will be obliged to provide information or material about his entity, company or products and services as part of the registration process of the Site or for the use of any Service or the USER account. The USER acknowledges, guarantees and accepts that such information and material, presented during the registration process or later during the use of the Sites or the Service, are true, accurate, updated and complete, and (b) will maintain and correct promptly all information and materials so that they remain true and accurate, updated and complete.
6.3 By becoming a USER, you authorize the inclusion of your contact information in our Buyer Database and authorize AWÁPA and our affiliates to share the contact information with other Users, when this is necessary for the provision of services. Services, or otherwise use your personal information in accordance with the provisions of the Privacy and Cookies Policy.
6.4 The USER acknowledges, guarantees and accepts that he/she will be solely responsible for obtaining all the necessary licenses and allows from third parties regarding to any USER Content that he/she sends, publishes or shows; Any USER Content that you submit, post or display does not infringe or infringe any of the copyrights, patents, trademarks, trade names, trade secrets or any other personal or proprietary rights of third parties (hereinafter, the "Rights of third parties"); has the faculties to sell, market, distribute, export or offer for sale, negotiate, distribute or export the products or services described in the USER Content and such sale, trade, distribution or export or offer does not violate any Third Party Right; and that it is not subject to any trade restriction, sanction or any other legal restriction imposed by any State, international organization or jurisdiction.
6.5 In addition, the USER acknowledges, guarantees and accepts that the USER Content sent, published or displayed:
a) will be true, precise, complete and legal;
b) will not be false, equivocal or deceptive;
c) will not contain information that is defamatory, libelous, threatening or harassing, obscene, offensive, sexually explicit or harmful to minors;
d) will not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) the T & C Product Listing Policy or any applicable Additional Agreement will not be violated;
f) will not violate any law or regulation (including, among others, those governing the control of exports/imports, consumer protection, unfair competition or misleading advertising applicable), nor will it promote any activity that may violate the laws and regulations;
g) will not contain any direct or indirect link to any other Website that includes any content that may violate the T & C.
6.6 The Member also recognizes, guarantees and accepts that it must:
a) carry out its activities on the Site in accordance with applicable laws and regulations;
b) carry out its commercial transactions with other USERS of the Sites in good faith;
c) carry out its activities in accordance with the T & C and any applicable additional Agreement;
d) not use the Services or the Site to defraud any person or entity (including, but not limited to, the sale of stolen items or the use of stolen credit or debit cards);
e) not impersonate another person or entity, or falsify their identity or affiliation with any person or entity;
f) not send SPAM emails or participate in phishing;
g) not engage in any other illegal activity (including, but not limited to, those that could constitute a crime, give rise to civil liability, etc.) or encourage or instigate any illegal activity;
h) not to engage in attempts to copy, reproduce, exploit or expropriate the various directories, databases, and lists owned by AWÁPA;
i) not use any type of computer virus or other devices and destructive codes that have the effect of damaging, interfering, intercepting or expropriating any software or hardware system, or personal data or information;
j) not assume any plan to damage the integrity of the data, systems or networks used by AWÁPA or any USER of the Sites or to obtain unauthorized access to said data, systems or networks;
k) not participate in any activity that could otherwise create any type of responsibility to AWÁPA;
l) not distribute viruses or other technologies that may harm the Site or the interests and properties of AWAPA USERS;
m) not use any robot, spider, collection device or other automated means to access our services for any purpose or interfere with the operation of the platform.
6.7 The USER cannot use the Services or his USER account to participate in activities that are identical or similar to the commercial activity in the electronic commerce sector of AWÁPA.
6.8 If the USER provides a business contact person, the USER acknowledges, guarantees and accepts that he has obtained all the necessary authorizations, approvals and waivers from his business partners and associates to (a) act as his business contact person; (b) send and publish your contact information and information, letters of reference and comments in your name; and (c) that third parties may contact that business contact person to support statements or statements made about the USER. The USER also guarantees and accepts that all letters of reference and comments are true and accurate, and that third parties can communicate with business contact persons without obtaining their consent.
6.9 The USER undertakes to provide all the necessary information, materials and approval, and to provide all the reasonable assistance and cooperation necessary for AWAPA to provide the Services, evaluate if the USER has breached the T & C or manage any complaint against the USER. If the breach of the above T&C by the USER results in the delay, suspension or termination of the provision of any Service, AWAPA shall not be obliged to extend the relevant period of service or be liable for any loss or damage arising of said delay, suspension or resolution.
6.10 The USER recognizes and accepts that AWÁPA shall not be obligated to actively monitor or exercise any type of editorial control over the content of any message or other material or information created, obtained or accessible through the Sites or Services. AWÁPA does not endorse, verify or certify in any other way the content of any comment or other material or information provided by the USER. The USER is solely responsible for the content of their communications and may be held legally responsible or guilty for the content of their comments or other material or information.
6.11 The USER acknowledges and accepts that the Site and Services may be used by companies and their representatives for commercial use and also for individual consumers or for personal use.
6.12 The USER acknowledges and accepts that he is solely responsible for compliance with the legislation and regulations applicable in their respective jurisdictions, in order to guarantee that the use of the Site and the Services is carried out in accordance with them.
6.13 The USER accepts the payment of *** as fee as Commissions and Rates of the Seller for our services and will register a valid method of payment in his account, which will be used in case of existing pending balances. The charge will be made monthly.
6.14 The USER may publish advertisements as long as he/she accepts and understands the following:
a) Will be responsible for the accuracy, content, and legality of the published article.
b) The ad cannot be published immediately. The platform will have a minimum of 24 hours and the exact duration of the ads is not guaranteed.
c) AWÁPA E-mercado will eliminate, at its discretion, those contents that infringe the T & C and any other regulations on the Site.
6.15 When the USER acquires an article, he/she commits and agrees to comply with the following rules:
a) The USER is responsible for reading the complete advertisement of the article before making the offer or committing to buy it.
b) THE USER signs a legally binding contract to buy an article when he wins the bid.
7. USER INGRINGEMENT
7.1 AWÁPA reserves the right, in its sole discretion, to remove, modify or reject any USER Content that is sent, published or displayed on the Site that we reasonably believe is illegal, infringes the T & C, that could pose a liability to AWÁPA or our branches or otherwise considered inappropriate in the opinion of AWÁPA.
7.2 If a USER infringes any of the T & C, or if AWAPA has reasonable grounds to believe that a USER has breached any of the T & C, AWAPA shall have the right to: take any disciplinary action it deems necessary, including without limitation: (i) suspend or cancel the account thereof and each and every one of the USER accounts that are determined to be related to that by AWÁPA at its discretion; (ii) restrict, reduce the category of, suspend or cancel your subscription to, access to, or current or future use of any Service; (iii) remove any list of products or other USER Content that the USER has sent, published or displayed, as well as impose restrictions on the number of product listings that the USER may publish or display; (iv) impose other restrictions on the use that the USER makes of any feature or function of any Service that AWÁPA deems appropriate at its sole discretion; and (v) any other corrective, disciplinary or sanction measures that AWÁPA may deem necessary or appropriate in its sole discretion.
7.3 Without limiting the generality of the provisions of the T & C, it is considered that a USER fails to comply with the T & C in any of the following circumstances:
a) after the complaint or claim of third parties, if AWÁPA has reasonable grounds to believe that such USER has not fulfilled voluntarily or materially with the agreement with said third party, including, among others, if the USER has not delivered any requested article by such third party after receipt of the purchase price or when the products sent by the USER do not materially comply with the T & C and the detailed descriptions in their agreement with said third party;
b) if AWÁPA has reasonable grounds to suspect that said USER has used a stolen credit card or other false or misleading information in any transaction with a counterparty;
c) if AWÁPA Has reasonable grounds to suspect that any information provided by the USER is not current or complete, or is false, inaccurate or misleading; or
d) if AWÁPA believes that the actions of the USER may cause a financial loss or legal liability of AWÁPA, our branches or other USERS.
7.4 AWÁPA reserves the right to cooperate fully with governmental authorities, private investigators or injured third parties, in the investigation of any alleged criminal or civil irregularity that may arise. In addition, AWÁPA may reveal the identity and contact information of the USER, at the request of a government or police agency, a third party injured, or as a result of a citation or other legal action, when the disclosure of that information is legitimate under the applicable law. AWÁPA will not be responsible for the damages or results derived from said disclosure, and the USER undertakes not to initiate any action or claim against AWÁPA for such disclosure.
7.5 If a USER breaches the T & C, AWÁPA also reserves the right to publish the records of such breach on the Sites. If such breach implies or reasonably is suspected to imply dishonest or fraudulent activities, AWÁPA also reserves the right to disclose the records of such infringement to our subsidiaries, including, among others, AWÁPA EU, AWÁPA UK, etc. Said subsidiaries of AWÁPA may impose limitations, suspend or cancel the use by the USER of all or part of the services provided by said subsidiaries to the USER, adopt other corrective measures and publish the records of the USER's non-compliance. T & C on the websites managed or controlled by these subsidiaries of AWÁPA.
7.6 AWÁPA, at any time and in our reasonable discretion, may impose limits, suspend or cancel the use by the USER of any Service or Site without being responsible to the USER, if AWÁPA has received a notification that the USER has breached any agreement or commitment with any AWAPA branch, including, but not limited to, AWAPA EU, AWAPA UK, etc., and such breach implies or reasonably is suspected to involve activities dishonest or fraudulent. AWÁPA shall have the right to publish the records of the said breach on the Site. AWÁPA will not be obligated to investigate such breach or to request confirmation from the USER.
7.7 The USER undertakes to indemnify AWÁPA, our branches, directors, employees, agents and representatives, and to exonerate them from any liability for any damage, loss, claim and liability (including legal costs according to an integral coverage formula) of costs that may arise from your presentation, publication or exhibition of any USER Content, your use of the Sites or Services or your breach of the T & C.
7.8 The USER further agrees that AWÁPA is not responsible and will not have any responsibility towards you or any other person for any USER Content or other material transmitted through the Site, including fraudulent, false, deceptive, inaccurate, defamatory, offensive or illicit and that the risk of damage to this type of material is the sole responsibility of the USER. AWÁPA reserves the right, at our expense, to assume the exclusive defense and control of any matter subject to exoneration by the USER, in which case the USER will cooperate with AWÁPA to enforce any defense available.
8.1 Please check our Cookies and Privacy Policies frequently, which also governs your use of the AWÁPA Site and Services so that you are aware of our current policies.
9. ELECTRONIC COMMUNICATIONS
9.1 Each time you use an AWAPA Service or send us an email, text message and other communications from any device, you will be communicating electronically with us. The USER accepts to receive communications from us electronically in a variety of ways, for example through the following types of data messages: ticket system, email, text messages, automatic notifications from our app or through notices and messages placed on this site web or through the other services of AWÁPA. The USER accepts that all contracts, notices, messages, and other notifications and communications that we send him by electronic means satisfy any legal requirement in writing and have full legal effect and validity.
10.1 All legal notifications or requests for or about AWÁPA must be submitted in writing and sent to AWÁPA personally, by courier or certified mail to the following entity and address: Awatea Centroamericana S.A. Rohrmoser, Pavas, San José. La Amistad Park 300 meters West and 200 meters South, Diagonal to el Triángulo Shopping Center (green corner house with palm trees). The notifications will be effective when they are received by AWÁPA in any of the ways mentioned above.
10.2 All legal notifications or petitions for or about the USER will be effective if delivered personally, sent by courier, certified mail or by email to the last known address, fax or e-mail address provided by the USER to AWAPA, or by publishing such notification or request in an area of the Sites that is accessible to the public free of charge. The notifications for the USERS will be considered as received by said USERS, as long as:
a) AWÁPA can demonstrate that said communication, whether in physical or electronic form, has been sent to said USER, or
b) immediately after the publication of such notification by AWÁPA in an area of the Site that is accessible to the public free of charge.
10.3 The USER accepts that all agreements, notifications, requests, disclosures and other communications that AWAPA sends electronically satisfy the legal requirement that such communication must be in writing.
11. FORCE MAJEURE
11.1 Under no circumstances, AWÁPA will be held responsible for any delay, failure or interruption of the contents or services provided through the Sites resulting directly or indirectly from acts of natural phenomena, forces or causes beyond its reasonable control, including, among others, Internet failures, computer failures, telecommunications or any other equipment, power failure, strikes, labor disputes, insurrections, civil disturbances, labor or material shortages, fires, floods, storms, earthquakes and earthquakes, explosions, fortuitous events, wars, governmental actions, orders of national or foreign jurisdictional bodies, or third parties' non-compliance.
12. COPYRIGHT AND INTELLECTUAL PROPERTY
12.1 All content hosted or made available through any of the AWAPA Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections are the property of AWÁPA or its content providers and is protected by international and Costa Rican intellectual property laws. The aggregate of all content hosted or made available through any AWAPA Service is the sole property of AWAPA, our branches or licensees of the Site Content, as applicable, and is protected by intellectual property laws in Costa Rica. All rights not claimed under these T & Cs of Use or by AWÁPA are reserved.
12.2 AWÁPA may have independent third parties to provide the Services (for example, authentication and service verification providers). The USER cannot use any trademark, service mark or logo of said independent third parties without the prior written authorization.
13.1 The graphics, logos, page headers, button icons, scripts and service names that are included or available through the AWAPA Services are trademarks or represent the commercial image of AWÁPA in Costa Rica and other countries. The trademarks or commercial image of AWÁPA may not be used in connection with any product or service that does not belong to AWÁPA, nor in any way that could cause confusion among the USERS or that could disparage or discredit to AWÁPA. All other registered trademarks that are not owned by AWÁPA and that appear included or are available through the AWÁPA Services belong to their respective owners, who may or may not be affiliated or related in any way with AWÁPA, or sponsored by AWÁPA.
14.1 Various patents belonging to AWÁPA and other third party patents licensed in favor of AWÁPA are applicable to the AWÁPA Services, as well as to the functions and services accessible through them. On the other hand, different parts of AWAPA Services operate under different licenses of one or more patents.
15. LICENSE AND ACCESS
16. RISK OF LOSS
16.1 All products purchased at AWÁPA are carried out through a shipping contract. The property and risk of loss of the products will be transferred to the USER at the time we deliver the products to the corresponding carrier. The USER expressly consents that we charge his purchase either at the time they are sent to him or, if the USER chooses to pay with “Months without interest”, at the moment in which his order is processed.
16.2 AWÁPA does not assume ownership of the returned product until it is received at the return address. We reserve the right, at our discretion, to refund the amount of the product without requiring its return. In such a case, the ownership of the product whose price has been reimbursed will not pass to AWÁPA.
17. PRODUCT DESCRIPTIONS
17.1 All information about the products contained on our website is provided for informational purposes only. Always read the labels, warnings, and instructions for using the products before using the products. AWÁPA E-market tries to be as precise as possible. However, AWÁPA does not guarantee that the descriptions or content of any other AWAPA E-market Service will be accurate, complete, reliable, current or error-free. If the USER considers that a product offered in AWÁPA does not meet its description, the only recourse that the USER has will be to return it, as long as it is returned unused and in accordance with the Return Policy.
18.1 The fees we charge for using our Services are published on our Commissions and Seller's fees page. We can modify our rates occasionally, through the publication 14 days in advance of the changes made on the website of AWÁPA or through the Messages section of My AWÁPA. You may cancel your account without penalty within 14 days of having sent the communication.
18.2 Consequently, the USER is obliged to register a payment method when selling in AWÁPA. If there are problems with your payment method or there are pending payments in your account, we can collect overdue fees using other registered collection mechanisms, order the matter from debt collection agencies or seek legal advice.
19.1 Except as indicated separately, all prices shown through the AWAPA Services include taxes.
19.2 Except to the extent indicated to the contrary, the List Price or Suggested Price that appears for products in any AWAPA Service represents the retail price listed in said product, suggested by the manufacturer or supplier, or estimated in accordance with industry standard practices; or the estimated retail price for a comparable product offered elsewhere. The List Price or Suggested Price is an estimate of the comparative price and may or may not represent the current price in all places on a given date. For certain products offered as a set, the List Price or the Suggested Price may represent "open inventory" prices, which means the sum of the suggested or estimated retail price for each of the products included on the set. When the product is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
20.1 All information and details regarding the availability, shipping or delivery of a product are only estimates. When the USER places his order, we will send him a message confirming receipt of his order. In case that for any reason, during the processing of your order, the product ordered by the USER is no longer be available, no charge will be made for those products except in case the USER has selected to pay with “Cero interest”, in which case the charge of the monthly payments will be made when your order is processed.
20.2 If the product that the USER ordered is not available, we will allow you to request the same subject to the inventory confirmation. If we cannot obtain the desired product, your order cannot be confirmed. For “Cero interest” orders, we will refund the total amount that has been paid.
21. PRODUCT WARRANTY
21.1 Several products available for purchase are covered by a guarantee. If you would like more information regarding the guarantees offered by AWÁPA, please visit our page About Guarantees.
22. AWAPA APPLICATIONS PERMITS
22.1 When using the apps created by AWÁPA, such as the AWÁPA App, the USER can grant us certain permissions from his device. Most devices provide you with the information of those permissions.
23. GENERAL CONDITIONS ON AWAPA SOFTWARE
23.1 All software, including updates, improvements and any other documentation related to such software, which we make available to the USER at any time in connection with the AWAPA Services (the "AWAPA Software") is subject to, in addition, to the present T & C of Use.
24. OTHER BUSINESSES
24.1 Third parties different from AWAPA operate stores, provide Services or sell product lines on this site. Likewise, we offer links to the websites of affiliated companies and other companies. We are not responsible for examining or rating, or in any case guarantee, the offers of any such companies or individuals, or the content hosted on their respective websites. AWÁPA assumes no responsibility for the actions, products, and content of any such company or individual or any other third party. The USER must carefully review the privacy statements and other conditions of use of such third parties.
25. THE ROLE OF AWÁPA / AWÁPA Marketplace
25.1 AWÁPA allows third parties to offer and sell their products on the awa.pa site, which is indicated on the details page of these products. Even though AWÁPA facilitates transactions through AWÁPA Marketplace, AWÁPA is neither the buyer nor the seller of the products offered by third-party sellers. AWÁPA simply facilitates a space where buyers and sellers can negotiate and carry out their transactions. Therefore, the contract for the purchase of any product sold by a third-party vendor is held solely and exclusively between the buyer and the seller of said product. AWÁPA is not part of that contract and does not assume any responsibility related to it, nor acts as a representative of the seller. The seller is responsible for the sale of its products as well as offering assistance regarding the buyer's claims, or with respect to any matter related to the said contract between the buyer and seller. However, and because AWÁPA wishes to guarantee the buyer a safe space to make purchases, AWÁPA offers the A-Ω Guarantee, in addition to any rights that the consumer may have by a legal or contractual provision.
26. TRANSACTIONS BETWEEN BUYERS AND SELLERS
26.1 Through the Sites, AWÁPA offers electronic platforms based off the web for the exchange of information between buyers and sellers of products and services. AWÁPA also provides web-based electronic transaction platforms for Members to make, accept, conclude, manage and fulfill orders for the supply of products and services online within the Sites, subject to the terms of the AWAPA transaction services agreement. However, AWÁPA does not represent in any of the Services neither the seller nor the buyer in the specific transactions. AWÁPA does not control and is not responsible nor is responsible for the quality, security, legality or availability of the products or Services offered for sale on the Sites; of the ability of sellers to make a sale or the ability of buyers to make a purchase.
26.2 Users are hereby informed that there may be risks in dealing with people who act by fraudulent means. AWÁPA uses several techniques to verify the accuracy of certain information provided by paying users when registering for a paid subscription service on the Sites. However, because the verification of Users on the Internet is difficult, AWÁPA cannot confirm the alleged identity of the USER (including, among others, paying Members). We encourage you to use various means and common sense to assess who you are dealing with.
26.3 The USER acknowledges that he fully assumes the risks of carrying out any purchase and sale transaction in relation to the use of the Sites or Services, and that he fully assumes the risks of civil liability or damages of any kind in relation to the subsequent activity of any type relating to the products or services that are subject to transaction through the Sites. Such risks will include, among others, false information about products and services, fraudulent actions, poor quality, non-compliance with specifications, defective or dangerous products, illegal products, delay or failure to deliver or pay, the error in the calculation of the costs, the breach of the guarantee, the breach of the agreement and the accidents during the transport. Such risks also include the risks that the manufacture, import, export, distribution, offer, display, purchase, sale or use of the products or services offered or displayed on the Sites may infringe or be considered to infringe the Rights of third parties , and the risk that the USER may incur defense costs or other costs in relation to the claim by third parties of the Rights of third parties, or in relation to any claim by any of the parties that have the right to defense or exemption in relation to the claims of rights, petitions or claims of the claimants of Rights of third parties. Such risks also include the risks that consumers, other buyers, end users of the products or other persons report having suffered injuries or damages related to the products originally obtained by the Users of the Site as a consequence of the purchase and sale transactions in relation to with the use of the Site, and may suffer damage or submit claims arising from the use of such products. All of the above risks are hereafter referred to as "Transaction Risks". The USER accepts that AWÁPA shall not be responsible nor shall be liable for any damage, claim, liability, cost, prejudice, inconvenience, business interruption or expense of any kind that may arise as a result of or in connection with any Risk of the transaction.
26.4 The USERS are solely responsible for all the terms and conditions of the transactions carried out in, through or as a result of the use of the Site or Services, including, among others, the terms related to the payment, the returns, the guarantees, shipping, insurance, fees, taxes, ownership, licenses, fines, permits, handling, transportation and storage.
26.5 The USER undertakes to provide all the information and materials that AWÁPA may reasonably require in relation to its transactions made in, through or as a result of the use of the Site or Services. AWÁPA has the right to suspend or cancel the account of any USER if the latter does not provide the necessary information and materials.
26.6 In the event that a USER has a conflict with any part of a transaction, such USER fully and absolutely exonerates AWAPA (and our agents, subsidiaries, directors, representatives and employees) from any claim, claim, action, procedure, cost, expense or damage (including, among others, any actual, special, incidental or derivative damage) that arises from or relates to such transaction.
27. WARRANTIES OF SERVICES AWÁPA / AWÁPA MARKETPLACE
27.1 AWÁPA services and all information, content, materials, products (including software) and other services included in or otherwise available to the USER through AWÁPA services are provided by AWÁPA on an "as is" basis. and "as available", unless otherwise specified in writing. AWÁPA makes no representation or warranty of any kind, express or implied, in relation to the operation of AWÁPA services, or the information, content, materials, products (including software) or other services included in or otherwise available to the USER through AWÁPA services, unless otherwise specified in writing. The USER expressly accepts that the use that he makes of the AWÁPA services is at his own risk.
27.2 To the extent permitted by applicable law, AWÁPA disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and suitability for a specific purpose. AWÁPA does not guarantee that AWAPA services, information, content, materials, products (including software) and other services included in or otherwise available to the USER through AWAPA services, AWAPA servers or electronic communications sent by AWAPA they are free of viruses or other harmful components. AWÁPA will not be liable for any damages of any nature resulting from the use of any AWAPA service, or any information, content, materials, products (including software) or other services included in or otherwise available to the USER through AWAPA services, including without limitation direct, indirect, punitive, or consequential damages, unless otherwise specified in writing.
27.3 Any material downloaded or obtained through the Sites is done at the risk of the USER, who will be solely responsible for any damage to AWÁPA's computer system or loss of data that may result from the downloading of said material. No advice or information, whether oral or written, obtained by any AWAPA USER or through or from the Site will imply any guarantee that is not expressly included in this document.
27.4 AWÁPA can make available to the USERS the services or products offered by independent third parties. No warranty or declaration is offered in relation to such services or products. In no case, AWÁPA or our branches will be responsible for any of those services or products.
27.5 The USER agrees to indemnify and exonerate AWÁPA , our branches, directors, representatives and employees, from each and every one of the losses, claims and obligations (including legal costs according to a formula of full coverage of costs) that may arise of the use by said USER of the Site or Services (including, among others, the visualization of the information of said USER in the Site) or of his breach of any of the terms and conditions of the Terms. The USER also agrees to indemnify and exonerate AWÁPA, our branches, directors, representatives and employees, from each and every one of the losses, damages, claims and obligations (including legal costs according to a formula of full coverage of the costs ) that may arise from the breach by the USER of any type of guarantee made by the USER to AWÁPA .
27.6 Furthermore, by means of this document, the USER undertakes to indemnify and exonerate AWAPA, our branches, directors, representatives and employees from each and every one of the losses, damages, claims, liabilities (including legal costs according to a formula of full coverage of costs) that may arise, directly or indirectly, as a result of claims made by any claimant of third-party rights or other third parties in relation to the products offered or displayed on the Site. The USER also accepts that AWÁPA is not responsible and will not have any responsibility towards the USER, for any material published by others, including defamatory, offensive or illicit material, and that the risk of damage of this type of material is responsibility exclusive of the USER. AWÁPA reserves the right, at our expense, to assume the exclusive defense and control of any matter subject to an exoneration on its part, in which case the USER will cooperate with AWÁPA to enforce any available defense.
27.7 AWÁPA shall not be liable for any special, direct, indirect, punitive, incidental, derivative or any other type of damage (including, among others, damages due to lost profits or loss of savings, business interruption or loss of information), either by virtue of the contract, an extracontractual agreement, negligence, equity or otherwise, or any other prejudice as a result of any of the following:
a) the use or inability to use the Site or the Services;
b) any defect in the products, samples, data, information or services acquired or obtained from a USER or from another third party through the Site;
c) Infringement of rights of third parties or claims or requests that the manufacture, import, export, distribution, offer, exhibition, purchase, sale or use of products or services offered or displayed by the USER on the Site may infringe or be considered that infringe the Rights of third parties; or claims by any of the parties that have the right to defense or indemnification in relation to the claims of rights, petitions or claims of the claimants of Rights of third parties;
d) unauthorized access by third parties to the data or private information of any USER;
e) the declarations or behaviors of any USER of the Site; of
f) any matter related to the Services that may arise, including negligence.
27.8 Without prejudice to the foregoing provisions, the total liability of AWÁPA, our employees, agents, affiliates, representatives or any person acting on our behalf in relation to the USER with respect to all claims that may arise from the use of the Site or Services in any calendar year will be limited to the greater amount of the following: (a) the amount of the fees that the USER paid to AWÁPA or to our branches during the calendar year and (b) the maximum amount allowed by the applicable law. The previous sentence will not exclude the requirement that the USER must prove the actual damages. All claims arising from the use of the Site or the Services must be submitted within a maximum period of one (1) year from the date on which the cause of the action arises or any other longer term as prescribed by virtue of any legislation applicable for these T&C of use.
27.9 The limitations and exclusions of liability to which you are entitled under the T & C shall apply to the maximum extent permitted by law and shall apply regardless of whether AWAPA E-market has been informed or should have been aware of the possibility that such losses have occurred.
28. POLICIES, MODIFICATION AND INDEPENDENCE OF PROVISIONS
28.1 Please periodically review our other policies published on this website. These policies also govern the use by the USER of AWAPA Services. We reserve the right to make changes to our website, policies, Terms of Services, and these T & Cs of Use at any time and the continued use of the AWAPA Services by the USER will accredit their acceptance of such changes. If any of these conditions is considered invalid, void, or unenforceable for any reason, said condition will be considered independent and will not affect the validity and enforceability of any of the remaining conditions.
29.1 All disputes, differences, or claims that may arise from this document, or the business and the matter to which it refers, its execution, breach, settlement, interpretation or validity shall be submitted in the first instance to conciliation, in accordance with the internal substantive legislation expressly stipulated by the parties through direct negotiations through the conciliation process developed by the MEIC for this purpose, if the arbitration process continues under this administrative procedure, the arbitration process will proceed before the procedure established in the regulations of the Costa Rican International Center of Conciliation and Arbitration - North American Chamber of Commerce ("CICA"), to whose rules the parties submit voluntarily and unconditionally. Conciliation hearings will be held at the CICA, in San José, Republic of Costa Rica. The conciliation will be conducted by a conciliator appointed by the CICA. In the event that the dispute is not resolved after three conciliation sessions, or in the event that there are unresolved aspects of the conciliation process, the dispute will be resolved through arbitration [of law or equity] * in accordance with the regulations of the CICA to whose procedural norms the parties submit voluntarily and unconditionally. The conflict will be resolved in accordance with the substantive Law of Costa Rica. The place of arbitration will be the International Center for Conciliation and Arbitration of the Costa Rican-North American Chamber of Commerce in San José, Republic of Costa Rica. The arbitration will be resolved by an Arbitral Tribunal composed of an arbitrator. The arbitrator will be appointed by the CICA. The Arbitral Award shall be dictated in writing, shall be final, confidential- unless the parties agree otherwise, upon prior written acceptance, binding on the parties and not subject to appeal, except for review or annulment remedies. Once the award has been rendered and become final, it will produce the effects of res judicata and the parties must comply without delay. Whoever serves as a conciliator may not join the Arbitral Tribunal in the same matter. The processes and their content will be absolutely confidential. Expenses related to the conciliation process and the arbitration process, including the conciliator's and the arbitrators' fees, shall be borne by the parties in the same proportion unless otherwise agreed in the conciliatory agreement or in the arbitration award. Each party will cover the fees of its attorneys and advisors. All this without prejudice to the obligation of reimbursement of any expense that corresponds to the losing party in favor of the winning party. For these purposes, the award shall condemn the losing party to the payment of those expenses, including the professional fees of the lawyers and/or legal advisors.
30. GENERAL PROVISIONS
30.1 Without prejudice to any additional Agreement, these T & C constitute the entire agreement between the USER and AWÁPA with respect to the use of the Site and Services, regulate and replace any prior agreement, oral or written in relation to the same matter.
30.2 The USER and AWÁPA are independent contractors, and the present T & C do not seek or create any relationship of representation, association, joint venture, employee-employer or franchisor-franchisee.
30.3 If any provision of the present T & C is considered invalid or unenforceable, said the provision will be eliminated and the remaining provisions will be considered valid and must be executed.
30.4 The fact that AWÁPA does not enforce any right or does not act with respect to any breach by you under these T & C will not constitute a waiver of such right nor a waiver of the right of AWÁPA to act with respect to subsequent or similar breaches.
30.5 AWÁPA will have the right to assign the T & C (including all our rights, titles, benefits, interests, obligations and duties in the T & C) to any person or entity (including any branch or branch of AWÁPA E-market). However, the USER may not assign the T & C, in whole or in part, to any person or entity.
30.6 This agreement shall be governed by the laws, regulations, and customs of the Republic of Costa Rica.