Terms of Service

TERMS AND CONDITIONS

The following TOS and any other rules posted on our Site (collectively the “TOS”) constitute an agreement between Dharwar Commerce Inc. (“VALDEZ PANAMA HATS”, “we”, “our”, “us”) and you, the visitor, governing your access and use of all content and functionalities available at the VALDEZ PANAMA HATS website, related micro-sites accessed through the URL www.valdezpanamahats.com, related domain names, and any other website or micro-site of VALDEZ PANAMA HATS (collectively the “Site”).

By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.

Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about VALDEZ PANAMA HATS’ Privacy Policy before you register to use this Site or any of this Site’s services.

Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

REGISTRATION

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@valdezpanamahats.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify VALDEZ PANAMA HATS immediately of any breach of security or unauthorized use of your account. Although VALDEZ PANAMA HATS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for VALDEZ PANAMA HATS’ losses or others due to such unauthorized use.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the VALDEZ PANAMA HATS terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to VALDEZ PANAMA HATS, and who have authorized VALDEZ PANAMA HATS to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, VALDEZ PANAMA HATS reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where VALDEZ PANAMA HATS feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Orders

All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers.

VALDEZ PANAMA HATS offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our producers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to VALDEZ PANAMA HATS. VALDEZ PANAMA HATS will only take Advance Purchase orders for stock that has been scheduled for delivery. Your rights regarding Advance Purchase are the same as those for any other purchase at VALDEZ PANAMA HATS. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

VALDEZ PANAMA HATS will store a record of your transactions for a minimum of one year.

PRIVACY POLICY

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State and New Jersey. No other tax or import duty will be applied to orders shipped within the USA.

All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during selling period.

Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and VALDEZ PANAMA HATS will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the City of Panama, Panama, and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of VALDEZ PANAMA HATS .

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

PAYMENT

Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to VALDEZ PANAMA HATS. Payment will be debited and cleared from your account upon completion of the packing of your order by VALDEZ PANAMA HATS. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

If the issuer of your credit/debit card refuses to authorize payment to VALDEZ PANAMA HATS, we will not be liable for any delay or non-delivery.

Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

RETURNS AND EXCHANGES

RETURNING YOUR PURCHASE

All sales are final. We don’t accept returns unless the item is damaged during transit or faulty, in which case we would replace it for a different piece of the same style.

EXCHANGES

Please note you can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

Shipping is complementary on the replacement item in case of damage during transit or faulty goods, but the buyer is responsible for shipping charges of exchange items.

OUR POLICY

Items should be returned unused and with all VALDEZ PANAMA HATS garment tags still attached. Returns that are damaged or soiled will not be accepted and will be returned to the customer.

Please email sales@valdezpanamahats.com immediately if any of your purchases have been delivered without VALDEZ PANAMA HATS tags or damaged.

All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns will be returned to the sender.

FAULTY GOODS

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

Please be aware that we can only replace a faulty item for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. Please be aware that all our products are artisanal and made by hand so slight differences will occur in color and pattern, making each hat one-of-a-kind.

INTELECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including VALDEZ PANAMA HATS Software and all HTML and other code contained in this Site, shall remain at all times vested in VALDEZ PANAMA HATS and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by VALDEZ PANAMA HATS and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. VALDEZ PANAMA HATS tries to ensure that the information on this site is accurate and complete. VALDEZ PANAMA HATS does not warrant or represent that VALDEZ PANAMA HATS’ Content is accurate, error-free or reliable or that your use of VALDEZ PANAMA HATS’ Content will not infringe rights of third parties. Your use of the Web Site is at your risk. VALDEZ PANAMA HATS does not warrant that the functional aspects of the Web Site or VALDEZ PANAMA HATS’ Content will be error free or that this Web Site, VALDEZ PANAMA HATS Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or VALDEZ PANAMA HATS’ Content results in the need for servicing or replacing property, material, equipment or data, VALDEZ PANAMA HATS is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. VALDEZ PANAMA HATS and its suppliers make no warranties about VALDEZ PANAMA HATS Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. NET-A-PORTER reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that VALDEZ PANAMA HATS is not liable to you or any third party for any such withdrawal.

Opinions expressed on VALDEZ PANAMA HATS News are the personal opinions of the authors and do not reflect the views of VALDEZ PANAMA HATS. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to VALDEZ PANAMA HATS a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but VALDEZ PANAMA HATS does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail info@valdezpanamahats.com . VALDEZ PANAMA HATS reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

INDEMNIFICATION

At our request, you agree fully to defend, indemnify and hold harmless VALDEZ PANAMA HATS immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder. This defence and indemnification obligation will survive these TOS and your use of the Site and the Services.