Terms & Conditions Webstore
Considering
that Valerio Canez S.A., is a limited company, authorized to operate by Notice
of the
Ministry of
Commerce and published in the Monitor, Official Journal of the Republic;
Whereas the
Valerio Canez S.A. has a system allowing payment transactions to be carried out
from an
internet
access.
Whereas the
Valerio Canez S.A. wants to offer all its customers the opportunity to access
payment
services
over the internet.
Considering
that under this convention, the Valerio Canez S.A. wants to define its
obligations as well as
those of
its customers, potential users of internet access payment services.
Considering
that the Service to be provided, by this agreement, will be referred to as the
Canez E[1]Commerce
Group.
Between the
Valerio Canez S.A. established at 65, from the Delmas Highway to
Port-au-Prince, Haiti; and
the
Customer whose identity is defined at the time of identification on the Canez
Group portal or at the
time of the
opening of his registration as a customer [Sign up].
IT WAS AGREED AND AGREED ON THE FOLLOWING BETWEEN THE PARTIES
Article 1:
Subject - Limit
The Valerio
Canez S.A. offers the Customer who accepts it a service allowing him to make
payments on
internet
support, in particular, ordering products and services offered by the Company.
The
Customer agrees to adhere, knowingly, to the Terms and Conditions of Use of
Internet Payment
Services,
as established by the Valerio Canez S.A. Company and is already committed to
complying with
the terms
of the Internet Payment Services.
The parties
agree that this agreement relates only to the service for making payments over
the Internet
and that
under no circumstances could the agreement relating to that Service diminish or
increase any
obligation
that this customer undertakes to Valerio Canez S.A. under another contract with
another
commercial
effect.
Article 2:
Duration
This
agreement is concluded for a full and consecutive period of 18 years. It will
come into effect as
soon as it
is validated electronically by the Customer.
It is
renewable by tacit renewal.
Any party
that does not wish to renew this agreement will notify the other by letter with
acknowledgement
at least one (1) months prior to its expiry date or by email.
Article 3:
Enjoyment - Use
The Valerio
Canez S.A. Company is committed to providing the Customer with a website with
the
necessary
instructions to make optimal use of this Service.
The
Customer, as soon as the approval of his application for membership by Valerio
Canez S.A. will have
the ability
to make payments on internet support from the website set up by the Valerio
Canez S.A.
Company for
this service.
The
Customer is obliged not to use the Service made available to him in a manner
contrary to the
instructions
issued by the Valerio Canez S.A. in a fraudulent or illegal manner and/or in a
manner
detrimental
to the security and effectiveness of that Service. It is also obliged to make
no illegal
transactions
from this site.
However,
the Valerio Canez S.A does not guarantee the Customer the functioning of the
networks of
internet
service providers or the effectiveness of the navigation software used by the
latter. Under no
circumstances
can Valerio Canez S.A. be responsible, directly or indirectly, for any act,
omission on the
part of
Internet service providers, for any failure to manufacture the navigation
software retained by the
Customer
and/or for the performance of the equipment used by the customer.
Article 4:
Company Bonds
The Valerio
Canez Company S.A., as part of this agreement, is obligated to:
· Make a
website available to the Customer to make payments;
· Develop
and popularize, from the aforementioned website, instructions on the use of
internet support
to make
payments and security instructions relating to them;
· Provide a
file processing number to any user who has been requested to apply for
membership;
· Credit
and/or debit the Customer's account, after verification, the transactions
carried out, in
accordance
with the customer's instructions;
· Give the
Customer a confirmation number after completing the required transaction.
· Make any
correction in case of inaccuracy and/or errors, with prior notification from
the Customer;
· To
ensure, by all means, the confidentiality of electronic exchanges of data and,
therefore, the security
of
transactions carried out on internet media, reserve made of the provisions of
Article 10 of this
convention.
Article 5:
Customer Obligations
The Client,
under this agreement, is obligated to:
· Provide
Valerio Canez S.A with any personal information required for the purpose of
compiling its file;
· Keep his
password secret and change it, at the first requisition of the Valerio Canez
S.A.;
·
Immediately notify Valerio Canez S.A if your password is accessible by third
parties;
· Assume
any loss or financial consequence resulting from the use of his password as a
result of his
negligence
(disclosure or misalpretity of his password), the use of a password based on
the Customer's
personal
data (phone number, date of birth, NIF, etc.);
· Follow
the instructions issued by Valerio Canez S.A. on its security website, listed
under the headings
"Security
Advice," "Privacy Policy, available on the website set up by Valerio
Canez S.A;
· Check the
entries in his cart and notify the Valerio Canez S.A of any related errors.
Article 6:
Equipment - Equipment
The
Customer, in order to access the Terms and Conditions Service, should be
equipped with a
computer
connected to an internet provider as well as any other technological tool required
for such a
service.
The
acquisition, maintenance and repair of the aforementioned equipment is the sole
responsibility of
the
Customer. Under no circumstances will it be able to turn against Valerio Canez
S.A for any
malfunction
and/or misuse of the aforementioned equipment.
Article 7:
Transaction Validity - Checking
Any
transaction made over the Internet, in accordance with the instructions for the
use of the Service,
will be
valid from the confirmation number provided by Valerio Canez S.A., as if this
transaction had
been made
at one of the branches of the Valerio Canez Company S.A.
The
Customer undertakes to verify the transactions made, from the e-mail submitted
to the Company's
internet
platform. In the event of an error and/or inaccuracy, he will have to notify
Valerio Canez S.A.
within
three (3) business days, from the receipt of the email. After this period, no
challenge will be
accepted
The
registration of payments made by the Customer on the internet and kept by the
Valerio Canez S.A
on
electronic media is proof. The Client already accepts that in the event of a
dispute, Valerio Canez S.A.
can use
this electronic data as proof.
Article 8:
Delivery Terms
When
delivering an order, Valerio Canez S.A. undertakes to deliver exclusively to
the beneficiary
identified
at the delivery address indicated when ordering online. Delivery will only be
made upon
presentation
of a valid identity document of the beneficiary.
If the
person who placed the order online is not the one who will take delivery, he or
she must inform
Valerio
Canez S.A. in advance. This notification can be made by commenting directly on
the online
system or
by sending an email to the addresses e-mail [Email - delivery], accompanied by
the name and
photo of
the identity document of the person who will come to take delivery.
The
signature on the delivery note or any other receipt document attesting to
delivery must be that of
the
identified beneficiary or that indicated by the latter notified to the Company,
as described above.
The Company
reserves the right to refuse delivery if the identification or notification
conditions are not
met or if
it has reason to believe that the delivery could be fraudulent.
In the
event of a dispute regarding delivery, the Company's records and documents,
including but not
limited to
photographs, signed delivery notes and copies of identification documents
provided, will
constitute
prima facie evidence of the delivery made in accordance with the terms of this
contract. As a
result, the
Customer will be liable for payment for the goods delivered in accordance with
the terms and
conditions.
Article 9:
Responsibility - Exoneration of Responsibility
The
Customer will be responsible for any losses incurred, directly or indirectly,
as a result of the use of
the
Service, in particular, in the event of:
·
Unauthorized third party use of password;
· Use of
the Service in a manner that does not comply with the Company's instructions;
· Failure
of its Equipment;
·
Mishandling made by him;
· A
third-party breach of the Service's security system;
In the
event of the Client's adherence to other internet services, thus exposing his
Equipment to contact
with other
equipment, he will assume the risks inherent in the communication and
transmission of
information
through the Internet.
The
Customer assumes any losses incurred in connection with the use of the Service,
as a result of his
refusal to
change his password at the request of the Valerio Canez Company S.A. and/or his
negligence
in notifying
Valerio Canez S.A. immediately if he suspects a third party to know him.
In the
event of a malfunction and/or interruption of the Service, regardless of the
cause (force majeure,
defect,
etc.), the Valerio Canez S.A. Company undertakes to make it operational, as
soon as possible.
Under no
circumstances will the Company be liable for any loss, direct or indirect,
suffered by the
Customer
resulting either from the malfunction or the interruption of the Service.
On the
other hand, the Company will assume any loss suffered by the Client as a result
of gross
negligence
or error on its part.
Article 10:
Privacy
The Client
agrees to provide Valerio Canez S.A., at first request, with any necessary
personal
information,
including address, tax identification number, national identification card
number and/or
passport
number.
Valerio
Canez S.A. recognizes that all personal information provided to it by the
Customer for the
purpose of
using the Service constitutes confidential information.
The parties
agree that access to this information should be limited only to employees or
agents who
require it,
in order to provide the Customer with a Quality Service.
Article 11:
Review - Change
The fact
that Valerio Canez S.A. refrains from late claiming or claiming the application
of any of the
clauses
contained in this agreement does not imply any waiver of its rights or
acquiescence.
Valerio
Canez S.A reserves the right to amend, at its discretion, in whole or in part,
this amendment,
without
prior notification to the Customer.
The
company's changes will be published on its Service website. As of publication,
these changes will be
enforceable
against the Customer.
Article 12:
Termination
Valerio
Canez S.A. may terminate this agreement immediately, without liability to it,
in the following
cases:
·
Fraudulent use of the Service by the Customer;
· Failure
to comply with the Client's obligations, as stipulated in this agreement;
· Not using
the service for a period of one hundred and eighty days (180);
·
Customer's death.
Any party
may terminate, at any time, the present agreement, with a written notice of
fifteen (15) free
days
notified to the other party, by letter with acknowledgement.
Article 13: Litigation
The parties
undertake to carry out the terms of this contract in good faith. In the event
of a dispute over
a payment
transaction made from the Service, the Customer already agrees to contact a
representative
of the
Valerio Canez S.A. Company in order to resolve the dispute amicably. To this
end, the Client is
obliged to
cooperate with the Company by providing him with any information, document and
data that
can advance
the investigation that will be carried out by the ad hoc services of Valerio
Canez S.A.
If the
amicable route fails, the challenge will therefore be submitted to the
Arbitration of the Chamber
of
Conciliation and Arbitration of Haiti (CCAH).
The parties
elect residence in Port-au-Prince, the said election of residence being
attribute of
jurisdiction.
Article 14:
General Provisions
For
anything that would not have been the subject of a special clause, the parties
agree to refer to the
current
legal provisions of the Republic of Haiti governing the matter and/or
international practices in
this area.
It remains
understood that the terms and conditions of the other agreements and/or
contracts between
the Client
and the Valerio Canez S.A. Company remain in force. In the event of a
contradiction, the
provisions
of this Convention will be applied.
There are
fourteen (14) articles in this agreement.