Terms and conditions of use
This document describes the terms and conditions (the "Terms and Conditions") and the privacy policies (the "Privacy Policies") applicable to the access and use / acquisition of the products and services offered by K & M Custom Creations, (the "Services") within the www.customcreationsflorida.com website (the "Site"). Any person (hereinafter the "User" or in the plural the "Users") who wishes to access and/or use the Site or the Services may do so subject to these Terms and Conditions and Privacy Policies, together with all other policies and principles that govern K & M Custom Creations and are hereby incorporated by reference. Consequently, all visits and all contracts and transactions made on this Site, as well as their legal effects, will be governed by these rules and subject to the applicable legislation in Florida, United States.
ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS AS WELL AS THE PRIVACY POLICIES, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES. The User must read, understand and accept all the conditions established in the Terms and Conditions and in the Privacy Policies as well as in the other documents incorporated therein by reference, prior to registering as a K & M Custom Creations User and/or or to the acquisition of products and/or delivery of any data for any purpose.
ABILITY
The Services are only available to persons who have the legal capacity to contract. People who do not have that capacity or minors may not use the Services (the acts that they carry out on this Site will be the responsibility of their parents, guardians, managers or curators, and therefore will be considered carried out by them in the exercise of the legal representation they have) or Users of K & M Custom Creations who have been temporarily suspended or permanently disabled. If you are registering a User as a Company, you must have the capacity to contract on behalf of such entity and to bind it under the terms of this agreement.
REGISTRATION
It is mandatory to complete the registration form in all its fields with valid data in order to use the Services provided by K & M Custom Creations and to purchase products offered on this Site. The future User must complete it with their personal information in an exact, precise and true manner ("Personal Data") and assumes the commitment to update the Personal Data as necessary.
K & M Custom Creations may use various means to identify its Users, but K & M Custom Creations is NOT responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of the Personal Data entered.
K & M Custom Creations reserves the right to request some proof and/or additional data in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, K & M Custom Creations may cancel the purchase made, without generating any right to compensation. The User will access his personal account ("Account") by entering his username and chosen personal security code ("Account Access Code"). The User will have the possibility of changing the Password of Access to the Account, for which he must abide by the procedure established on the Site. The User undertakes to maintain the confidentiality of his Account Access Code, assuming full responsibility for maintaining the confidentiality of his Account Access Code registered on this Site, which allows him to make purchases and obtain information. Said key is for personal use and its delivery to third parties does not involve responsibility of K & M Custom Creations or of the companies in case of misuse. The Account is personal, unique and non-transferable, and it is forbidden for the same User to register or have more than one Account. In the event that K & M Custom Creations detects different Accounts that contain matching or related data, it may cancel, suspend or disable them. The User will be responsible for all the operations carried out in his Account, since access to it is restricted to the entry and use of his Account Access Password, of exclusive knowledge of the User. The User undertakes to notify K & M Custom Creations immediately and by suitable and reliable means, of any unauthorized use of his Account, as well as the entry by unauthorized third parties to it. It is clarified that the sale, assignment or transfer of the Account is prohibited. K & M Custom Creations reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without generating any right to compensation or compensation.
PRIVACY OF INFORMATION
To use the Services offered by K & M Custom Creations, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and both physical and technological protection.
AMENDMENTS TO THE AGREEMENT
K & M Custom Creations may modify the Terms and Conditions and Privacy Policies at any time by posting the new Terms and Conditions and Privacy Policies on the Site. All modified terms will be effective upon posting. Within 5 (five) days following the publication of the modifications introduced, the User must communicate by e-mail if they do not accept them; in that case the contractual link will be dissolved and you will be disabled as a User. After this period, it will be considered that the User accepts the new terms and the contract will continue binding both parties.
OBLIGATIONS OF USERS
Purchase is irrevocable except in exceptional circumstances, such as K & M Custom Creations materially changing the item description after purchase, clear typographical error, or inconsistency on the part of K & M Custom Creations suppliers. The purchase offers will only be considered valid once they have been processed and their payment verified. K & M Custom Creations only makes available to Users a virtual space that allows them to make purchases virtually through the Internet.
PRIVACY POLICIES
As a normal part of our activity we collect and, in some cases, communicate information about our Users and visitors to our Site. This Privacy Policy describes the information that K & M Custom Creations collects about its Users and visitors and what may happen with said information. This policy is very detailed because it is important that Users and visitors to our Site understand the practices of K & M Custom Creations as accurately as possible. By registering and/or browsing the K & M Custom Creations Site, you consent to the use of your personal information in accordance with the policies described below.
The privacy of Users' information is very important to K & M Custom Creations. It is for this reason that the necessary precautions and precautions are taken to keep the information safe and secure, using the most complete and effective information protection computer security mechanisms available today.
This document is an integral part of the Terms and Conditions of K & M Custom Creations. By accepting the Terms and Conditions at the time of registration, the User accepts the policies contained herein.
The information we collect. When using or requesting any of the Services and/or when purchasing any of the products that K & M Custom Creations offers, you must provide us with certain information. The Personal Data you provide must be complete and accurate. K & M Custom Creations may confirm the Personal Data provided by going to public entities, specialized companies or credit bureaus, for which you expressly authorize us. The information that K & M Custom Creations obtains from these entities will be treated confidentially and in accordance with these Privacy Policies.
It is established that at any time the User registered in K & M Custom Creations may request the cancellation of their application and the deletion of their Account and information from the K & M Custom Creations database.
K & M Custom Creations automatically collects and stores certain information about the activity of Users and visitors within our Site. Such information may include the URL they come from (whether or not they are on our Site), what URLs they next go to (whether or not they are on our Site), what browser they are using, and their IP addresses. Also the pages visited, the searches carried out, the publications, purchases or sales, qualifications and replicas entered, messages, etc.
If Users send us correspondence, such as emails or letters, or if other Users or third parties send us correspondence about their activities or messages on our Site, we may collect and store such Personal Information.
Use we make of the information. To provide an excellent service and for Users to be able to carry out operations in an agile and secure manner, K & M Custom Creations requires certain personal data. The collection of information allows us to offer you services and functionality that best suit your needs and to personalize our Services to make your experiences with K & M Custom Creations as comfortable as possible. It also allows us to send you by different means and channels (including mail, SMS, etc.) offers of products and services that we believe may be of interest to you. The Personal Information we collect has the following purposes:
- Proceed to the delivery, billing and collection of the product requested by you.
- Contact you directly whenever K & M Custom Creations deems it appropriate in order to offer you products and/or services by different means and channels (including mail, SMS, etc.).
- Contact the User interested in using the platform provided by K & M Custom Creations.
- Develop internal studies on the interests, behavior and demographics of our Users with the aim of better understanding their needs and interests and giving them a better service or providing them with related information.
- Improve our commercial and promotional initiatives to analyze the pages most visited by the User, the searches carried out, improve our offer of content and articles, personalize said content, presentation and services.
- Send information or messages about new products, display advertising or promotions, banners, of interest to our Users, news about K & M Custom Creations, in addition to any other information that we deem appropriate. If the User prefers, they can request to be excluded from the lists for sending promotional or advertising information.
-The winners of the promotions and/or contests carried out by K & M Custom Creations expressly authorize the dissemination of their names, personal data and images and those of their families, by the means and in the forms they deem appropriate, for advertising purposes and/or or promotional, without the right to any compensation.
-Share personal data with service providers or "outsourcing" companies that help improve or facilitate operations through K & M Custom Creations, such as (without limitation) transportation services, means of payment, insurance or intermediaries in payment management, call centers or loyalty programs, among others. These companies or Internet sites generally have privacy policies similar to K & M Custom Creations. However, K & M Custom Creations will ensure that certain standards are met, by signing agreements or conventions whose purpose is the privacy of the personal data of our Users. However, K & M Custom Creations is not responsible for the improper use of the User's personal information by these companies or Internet sites. In some cases, these service providers will be the ones who collect information directly from the User (for example, if we ask them to carry out surveys or studies). In such cases, you will receive notice of a service provider's involvement in such activities, and it will be at User's discretion what information you want to provide and what additional uses the providers decide to make. In the event that you provide, on your own initiative, additional information to said service providers directly, said Providers will use this information in accordance with their own privacy policies.
- Provide the personal information of the Users to the entities that intervene in the resolution of disputes between them, such as: Insurance Companies, Friendly Composers or Arbitration Courts or competent courts to resolve such disputes.
Confidentiality of information. Once registered in K & M Custom Creations, the Users' data will be provided only in the forms established in these policies. We will do everything in our power to protect the privacy of the information. It may happen that by virtue of court orders, or legal regulations, we are compelled to disclose information to the authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or data transmissions in which case K & M Custom Creations will not be responsible for the information that is revealed.
Minors. Our Services are only available to those who have the legal capacity to contract. Therefore, those who do not comply with this condition must refrain from providing personal information to be included in our databases. However, they can do so through parents, guardians or curators, as established in our Terms and Conditions (point 01).
Cookies. The User and the visitor to the K & M Custom Creations Site know and accept that K & M Custom Creations may use a tracking system through the use of cookies (the "Cookies"). Cookies are small files that are installed on the hard drive, with a limited duration in time that help to personalize the services. We also offer certain features that are only available through the use of Cookies. Cookies are used in order to know the interests, behavior and demographics of those who visit or are Users of our Site and in this way, better understand their needs and interests and give them a better service or provide related information. We will also use the information obtained through Cookies to analyze the pages browsed by the visitor or User, the searches carried out, improve our commercial and promotional initiatives, display advertising or promotions, banners of interest, news about K & M Custom Creations, improve our offer of content and articles, personalize said content, presentation and services. We additionally use Cookies so that the User does not have to enter their password so frequently during a browsing session, also to account for and corroborate the registrations, the User's activity and other concepts and commercial agreements, always with the objective of installing cookies. Cookies, the benefit of the User who receives it, and will not be used for purposes other than K & M Custom Creations.
It is established that the installation, permanence and existence of Cookies in the User's computer depends on their exclusive will and can be removed from their computer when the User so wishes. To know how to remove Cookies from the system, it is necessary to review the Help section of the browser.
Additionally, Cookies or other similar systems installed by third parties can be found on certain pages of our Site. We do not control the use of Cookies by third parties.
Rights of access, cancellation and rectification of personal information. Users are recognized and may exercise the rights to access, cancel and update their Personal Information, as well as to oppose its processing and to be informed of the transfers carried out, all in accordance with the provisions of the applicable regulations. Users guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of the Personal Data provided, and undertake to keep them duly updated.
In certain cases, we will keep in our files Personal Information that you have asked us to remove, and this in order to resolve disputes or claims, detect problems or incidents and solve them, and comply with the provisions of the Terms and Conditions for a period of time determined by law. In any case, the Personal Information of a User will not be immediately removed from our files for legal and technical reasons, including security support systems. Therefore, it should not be expected that all Personal Information will be permanently deleted from our databases.
Users must update their Personal Information periodically as it changes so that they can be located when they carry out a transaction.
Modifications of the Privacy Policies. K & M Custom Creations may modify the terms and conditions of these Privacy and Confidentiality Policies at any time and will notify the User of the changes by publishing an updated version of said Policies in this section, informing the date of the last update. Within 5 (five) days following the publication of the modifications introduced, the User, if he does not accept them, must unsubscribe. After this period, it will be considered that the User accepts the new terms and the Parties will continue to be bound.
SYSTEM OR DATABASE VIOLATIONS
Any action or use of device, software, or other means tending to interfere with the activities and operations of K & M Custom Creations as well as with the offers, descriptions, accounts or databases of K & M Custom Creations is not permitted. Any interference, attempt or activity that violates or is contrary to the laws on intellectual property rights and/or the prohibitions stipulated in this agreement will make the person responsible liable for the pertinent legal actions and the sanctions provided for in this agreement, as well as making him responsible for compensate for the damage caused.
SANCTIONS AND SUSPENSION OF THE ACCOUNT
Without prejudice to other measures, K & M Custom Creations will temporarily suspend or permanently disable a User's Account or a publication and initiate the actions it deems appropriate, and will not provide its Services if (a) any law is violated, or any of the provisions of the Terms and Conditions and other policies of K & M Custom Creations; (b) if you breach your commitments as a User; (c) if, in the judgment of K & M Custom Creations, any negligent, fraudulent or fraudulent conduct or act is committed; (d) the identity of the User cannot be verified or any information provided by the User is erroneous.
RESPONSIBILITY
K & M Custom Creations only makes available to Users a virtual space that allows them to make purchases through the Internet to find a more agile way of selling than the current one. K & M Custom Creations is an online store designed and created as a local to your needs with the convenience that the internet gives us so that you can purchase our products.
SCOPE OF SERVICES BY K & M Custom Creations
This agreement does not create any partnership agreement, mandate, franchise, or employment relationship between K & M Custom Creations and the User.
FAILURES IN THE SYSTEM
K & M Custom Creations is not responsible for any damage, harm or loss to the User caused by failures in the system, in the server or in the Internet. K & M Custom Creations will not be responsible for any virus that may infect the User's equipment as a result of access or use of its website or as a result of any transfer of data, files, images, texts. Users may NOT attribute any responsibility or demand payment for lost profits, by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet.
K & M Custom Creations does not guarantee continued or uninterrupted access to and use of its Site. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond the control of K & M Custom Creations; in such cases, efforts will be made to restore it as quickly as possible without any type of responsibility being attributed to it. K & M Custom Creations shall not be liable for any errors or omissions contained on its Site.
RATES. BILLING
Registration at K & M Custom Creations is free. When purchasing a product, the User must pay the published price and, if applicable, shipping and delivery costs. K & M Custom Creations reserves the right to modify, change, add, or eliminate the current rates, at any time, which will be published on the Site. However, K & M Custom Creations may temporarily modify the prices of the products due to promotions, these modifications being effective when the promotion is made public or the announcement is made and until the date of its completion. K & M Custom Creations reserves the right to take the judicial and extrajudicial measures it deems pertinent to obtain payment of the amount due. In the event that charges have been billed that did not correspond, the User must contact our Customer Service team to resolve said issue.
INTELLECTUAL PROPERTY - LINKS
The contents of the screens related to the products of K & M Custom Creations as well as the databases, files that allow the User to access and use their Account, are the property of K & M Custom Creations and are protected by the laws and international copyright treaties, trademarks, patents, models and industrial designs. The improper use and total or partial reproduction of such content is prohibited, unless expressly authorized in writing by K & M Custom Creations. The Site may contain links to other web sites which do not indicate that they are owned or operated by K & M Custom Creations. By virtue that K & M Custom Creations has no control over such sites, it will NOT be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by the use of them, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement by K & M Custom Creations of such sites and their content.
INDEMNIFICATION
The User will indemnify and hold harmless K & M Custom Creations, directors, administrators, representatives and employees, for any claim or demand for their activities on the Site or for their breach of the Terms and Conditions and other Policies that are understood to be incorporated herein or for the violation of any laws or rights of third parties, including attorneys' fees in a reasonable amount.
JURISDICTION AND APPLICABLE LAW
This agreement will be governed in all its points by the laws in force in the State of Florida, United States. Any dispute arising from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the ordinary courts.
ADDRESS
The address of K & M Custom Creations is set at 2004 Jaffa Drive, Unit i - Saint Cloud, Florida / United States.