Welcome to Brazodee.com. If you visit or shop at Brazodee.com, you agree to be bound by these Terms and Conditions of Use. This Terms and Conditions of Use Agreement (“Conditions of Use”) applies to the use of the Brazodee.com website located at https://www.Brazodee.com (“the website”). The website (“Brazodee.com”) is the property of Yolande Daniel & Company. References to Brazodee.com herein refer to Brazodee or its affiliates, subsidiaries and designees as deemed appropriate by Brazodee.
Before making any purchase/s, you must create a customer account (“My Account”) or enter your shipping and billing information for making purchases without creating an account.
Upon checkout, by clicking “I Agree to Terms and Conditions” you agree to these Conditions of Use. Upon agreement to comply with the Conditions of Use and any such modifications, Brazodee grants you a personal, non-exclusive, non-transferable, non-sublicense, privilege to enter and use the website.
Brazodee.com reserves the right to change, add or remove portions of the Conditions of Use relating to the Brazodee.com website at anytime. Such changes will be brought to the attention of all users of the website by viewing the last date modified on the Conditions of Use page. It is your responsibility to check the Conditions of Use each time before using the website. By continuing to use the website after changes are made connotes that you have read and agreed to such changes. You agree that all subsequent purchases made by you will be subject to such modified Conditions of Use.
Brazodee.com reserves the right to refuse service, delivery, terminate accounts and/or cancel orders or portions thereof in its discretion, including without limitation, if Brazodee.com determines that any user violates applicable law or is harmful to the interests of Brazodee.com. Any information, images, descriptions and product names uploaded via our website through a seller’s account is owned and operated by Brazodee and you agree to its use on the website Brazodee.com (see section 1).
By using the website you agree that you shall not upload to, distribute or otherwise publish to Brazodee.com any information or material that:
- Violates or infringes the proprietary rights of any person;
- Is libellous, threatening, obscene, defamatory, indecent in nature or could give rise to any civil or criminal liability under any law;
- Includes any viruses, worms, trojans or other harmful code or properties.
In using the Brazodee.com website you will be required to select a password and account information. The User is solely responsible got protecting the security and confidentiality of this password and identification at all times. The User will be responsible for all activities that occur under his/her account and password that may be also assigned to him/her.
1. COPYRIGHT AND TRADEMARK NOTICE
All content included on this website, such as text, software, images, graphics, trademarks, logos, button icons, user interfaces, photographs, artwork, downloads, music, videos and other content on the website (“content”) including but not to the design, selection, arrangement and coordination of the website’s content is owned or licensed by or to Brazodee.com and is protected by the governing intellectual property rights laws of the Republic of Trinidad and Tobago. Brazodee.com expressly disclaims all liability for the unauthorized and/or prejudicial use of any content obtained on or in connection with the website.
2. PRICING
The website offers price comparisons to indicate the relative savings of shopping on the website. The ‘List Price” displayed for products on the website is the suggested retail price by the manufacturer or supplier, estimated in accordance with standard industry practice or the estimated retail value for a comparably featured item offered elsewhere.
“You Save” refers to the value of savings for each product which is calculated by the difference between “Our Price” and the supplier provided list price shown on the website.
3. PAYMENT
Brazodee.com offers several forms of payment for items being sold on the website:
- Online Credit Card Processing and
- Various offline payment options
With regard to the above mentioned forms of payment, please note the following:
Your credit card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Conditions of Use to determine your rights and liabilities as a cardholder.
By agreeing to online credit card payment processing via PayPal you also authorize adjustments or reversals to be made to your payments method in connection with returns, cancellations, refunds, reversals or any other adjustments for any reason deemed necessary by Brazodee.com as stated within these Conditions of Use.
Brazodee reserves the right to cancel and refund ANY transaction at any time which it deems necessary, illegal or conflicts with our terms and conditions.
By accepting payment using a Point of Sale terminal you agree that all information supplied is correct and that you and not Brazodee.com, are responsible for paying all unauthorized amounts billed to your credit card or debit card by a third party. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Conditions of Use to determine your rights and liabilities as a cardholder.
4. YOUR ACCOUNT
If you use this website, you may be required to open a “My Account”. You are solely responsible for maintaining the confidentiality of this account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. You agree to notify Brazodee.com immediately of any unauthorized use of your account or password, or any other breach of security.
You agree in establishing an account or purchasing without creating a My Account, the information given is accurate, current and complete about yourself and your billing and shipping information as prompted by the registration process. Any changes to such information should be updated by your closest convenient time.
All users of the website must be over the age of eighteen (18) years otherwise you must use the services offered at the website under the supervision of a parent or guardian.
Brazodee.com, may in its discretion terminate user access to the website and your My Account for reasons including without limitation: (a) attempts to gain unauthorized access to the website, or assistance to others’ attempting to do so, (b) breaching and/or compromising software security features, (c) unsafe and illegal practices, (d) violations to the Conditions of Use, (e) failure to pay for good and services. (f) unexpected operational difficulties. You agree that Brazodee.com will not be liable to your or any third party for termination of your access to the website.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, PRODUCTS, CONTENT, SOFTWARE, ARTWORK, DATA, AND SERVICES ARE PROVIDED BY BRAZODEE.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE STATED IN WRITING.
ALL OF BRAZODEE.COM’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. WE WILL COLLECT AND RETURN ANY DEFECTED PRODUCTS WITHIN THIS TIMEFRAME USING OUR DISTRIBUTION NETWORK. IF OUR WARRANTY PERIOD HAS EXPIRED, WE SUGGEST YOU REFER TO THE DETAILS OF YOUR MANUFACTURERS’ WARRANTY. YOU ARE NOT ALLOWED TO RETURN DEFECTED PRODUCTS TO ANY OF OUR WAREHOUSES OR OFFICES BEFORE CONTACTING US FOR PICK-UP. IN THE EVENT THAT WE DO NOT HAVE THE IDENTICAL ITEM TO EXCHANGE, BRAZODEE.COM WILL REFUND YOU THE AMOUNT OF YOUR PURCHASE WITHIN SEVEN (7) WORKING DAYS DEPENDING ON THE METHOD OF PAYMENT.
YOU AGREE THAT THE ENTIRE RISK OF USING THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED BY BRAZODEE.COM OR IN CONNECTION WITH THE WEBSITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL BRAZODEE.COM OR BRAZODEE OR YOLANDE DANIEL & COMPANY OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATES (collectively, “Associates”) BE LIABLE FOR ANY CONSEQUNETIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS CONDITIONS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE BRAZODEE.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES , OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BRAZODEE.COM WEBSITE WHETHER BASED ON ANY LEGAL REMEDY, STRICT LIABILITY OR OTHERWISE EVEN IF BRAZODEE.COM HAS BEEN ADVISED OF THE POSSBILIITY OF SUCH DAMAGES.
Unless otherwise expressed within this Conditions of Use, the maximum liability of Brazodee.com to you for any damages (regardless of reason therefore) shall not exceed the total amount of money actually paid to Brazodee.com by you the “end user” during the two (2) weeks immediately before the act giving rise to the alleged responsibility of Brazodee.com.
Neither Brazodee.com nor its associates warrant that use of the Brazodee.com web site will be uninterrupted or error-free. Furthermore, Brazodee.com makes no representation that content provided on the Brazodee.com website is made available or is applicable to, or appropriate for use in, locations outside of Trinidad.
In addition, any incorrect order information relating to billing address or shipping address that is inaccurate or incomplete may result in delays to your order that shall not be the responsibility to Brazodee.com.
The delivery timeframes stated at checkout may be delayed if incorrect information is given or due to any force majeure or security risk such as but not to poor infrastructure, flooding, hurricanes, delivery through crime “hot-spots” or delivery to unsafe areas deemed by Brazodee.com. In such cases this will either delay your order delivery time or may result in your order being cancelled. In either case, Brazodee.com will refund or reverse your credit card if payment was made online or simply cancel the order if payment was chosen as “Payment on Delivery” in which case payment would not have been made. You agree that Brazodee.com will not be responsible or held liable for such delays in delivery for goods purchased on the site.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, AND REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS CONDITIONS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
6. RETURNS POLICY
Your returned product must include following:
- Original packaging (manufacturer’s box, Styrofoam, plastic bags, hangers, tags etc.)
- The goods may have been supplied with hygiene stickers and affixed labels or tags, these must be returned as they were supplied
- Valid Return Merchandise Authorization (RMA) from Brazodee.com.
- Original documentation. Do not mail or dispose of the packing slip until you have examined and tested the product to your satisfaction.
- The return must be complete and include all accessories
If the returned product does not match the above mentioned criteria, it will be rejected by our Brazodee.com Returns and returned to you at your cost.
All returns will be collected by Brazodee.com. You are not allowed to drop off returned merchandise at our store unless it is to the hands of a Brazodee employee. Consequently, if your returns criteria do not match any of these terms outlined below, any credit request will be denied, replacement orders will not be made, and you will be charged for all shipping to and from our Returns that may be incurred by Brazodee.com. By requesting or shipping a return in violation of this policy you hereby agree to accept our shipment of the return back to you and to the payment of all shipping costs to and from our Returns Warehouse.
Basic Return Policy
Unless otherwise stated below, you have fourteen (14) days from the date your product/s invoice was generated (regardless of when you actually took delivery of the product) to download and complete a RMA form from the website or via email and get your product returned back to us. The product does not have to be back at our store within fourteen (14) days, but it has to be in the possession of a delivery service (along with the valid RMA) within this timeframe. RMAs must be valid, unexpired and issued for the product being returned as you may no longer be able to return the product after the RMA has expired. An RMA expires in seven (7) days from the date it was issued. Only one RMA is issued per return. BRAZODEE.COM’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. WE WILL COLLECT AND RETURN ANY DEFECTED PRODUCTS WITHIN THIS TIMEFRAME USING OUR DISTRIBUTION NETWORK.
All products are subject to a fifteen per cent (15%) restocking fee (except where prohibited by law) if returned opened, or with tags removed / detached, without supplied hangers, or in a non-factory sealed box where provided, provided that there is no restocking fee for defective products (see Special Returns Policy for Defective Products below).
Upon our acceptance of the merchandise in new condition and in strict conformance with the basic criteria and basic returns policy, the purchase price will be credited to the credit card used for the original purchase if a refund is required.
Please allow up to seven (7) days from shipment for your return to arrive at our Returns. Your return will be processed within 5-7 business days (excluding Saturdays, Sundays, and holidays) after receipt of the item.
The risk of loss for the product being returned shall be with you at all times during the shipment of such product to the store and with respect to any shipments from the store back to you, the original distributor or manufacturer, or any buyer through the liquidation process. Title to the product being returned will remain with you at all times and transfer from you to the original distributor, or a third party in the case of a liquidation of the return, only upon receipt of the products by such distributors or buyers.
Defective Products
Defective products can only be returned in exchange for the exact same product, or at the sole discretion of Brazodee.com, the purchase price will be credited to the credit card used for the original purchase (for example through the original payment method) or full refund by cheque or cash if payment was made via debit card or credit card if payment was made by other means. Defective products may only be returned within thirty (30) days of the date your invoice was generated (regardless of when you actually took delivery of the product).
Brazodee.com in its sole and absolute discretion shall be the sole adjudicator as to whether a product is in fact defective. Once your return is processed and is verified to meet the basic criteria above and to be defective, you will be fully reimbursed. The length of time for shipment of the replacement product is dependent on product availability from the manufacturer or supplier. In the event that the returned product is verified to be defective, we will reimburse you for your original shipping expenses.
7. LINKS
The Brazodee.com website has links to other websites that are owned and operated by other parties. Brazodee.com is not responsible for the operation of or content located on any such other website.
8. RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon our delivery to you.
9. PRODUCT DISPLAY/COLOURS
Brazodee.com shall attempt to maintain product integrity in terms of accuracy of product images displayed on the website. However, we cannot guarantee that the colour displayed matches the product colour, as the display colour varies with the monitor you are using. You are therefore advised to confirm the colour specification of the product before proceeding to place your order.
10. MODIFICATIONS TO PRICES OR BILLING TERMS
BRAZODEE.COM RESERVES THE RIGHT TO CHANGE ITS PRICES, DELIVERY CHARGES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD ON THE SITE. IF HOWEVER, A CUSTOMER ORDERS AN ITEM AND THERE HAS BEEN A CHANGE IN THE PURCHASE PRICE OR DELIVERY RATE, THEN THE CUSTOMER WILL BE NOTIFIED OF SUCH VIA EMAIL IN ORDER TO MAKE THE DECISION TO COMPLETE THE TRANSACTION.
11. SERVICE AND SUPPORT FOR GOODS SOLD
ALL REQUESTS FOR TECHNICAL SERVICE AND SUPPORT SHOULD BE MADE DIRECTLY TO THE MANUFACTURER IN ACCORDANCE WITH THEIR TERMS AND CONDITIONS.
12. ORDER LIMITATIONS/ QUANTITIES
Brazodee.com, reserves the right to limit or cancel quantities purchased per person, per household or per order. Please note that Brazodee.com also reserves the right to reject any order you place with us. In such circumstances Brazodee.com shall provide notification to the user of such limitation or cancellation. These restrictions may include orders placed by the same Brazodee.com account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.
13. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
We welcome you to post reviews, comments, stories, photos and other content; send e-cards and other forms of communication, submit suggestions, comments, questions or other information, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or injurious to third parties or objectionable and does not contain software viruses, commercial solicitation, political campaigning, mass mailings, or any form of “spam.” Further, you may not use false information, a false email address, impersonate a person or entity, or mislead as to the origin of a card or other content.
You represent that you automatically grant Brazodee.com a license to use such material and make whatever amendments or alterations that are deemed necessary; that the content you post is accurate; that the use of the content you supply does not violate this Conditions of Use and will not cause injury to any person or entity; and you will indemnify Brazodee and its associates for all claims resulting from content you supply to Brazodee.com. Therefore, Brazodee.com has the right but not the obligation to monitor and edit or remove any activity or content. Brazodee.com takes no responsibility and assumes no liability for any content posted by you or any third party.
14. TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedy, Brazodee.com may, without prior notice, immediately revoke any or all of your rights granted hereunder for reasons including but not to (a) suspicious or illegal activity, (b) suspicious or proven acts of fraud from credit card processors, (c) behaviour which may negatively affect Brazodee.com or other users of the website, (d) ordering goods and services outside of the delivery zones stated by Brazodee.com at checkout and in areas deemed unsafe for delivery by Brazodee.com. In such cases, Brazodee.com, in its sole discretion, may terminate your account, cancel orders and cease all your access to and use of Brazodee.com and Brazodee.com may revoke any password(s) and/or account identification issued to you and deny you access to and use of the website. Any such action shall not affect any rights and obligations arising prior thereto.
Brazodee reserves the right to CANCEL any transaction prior to delivery if any transaction is deemed illegal or unsafe, is against our terms and conditions, if we are unable to contact a customer prior to delivery, if the customer violates any of the terms and conditions and for displaying behaviour that may be of risk to Brazodee. If an online payment was placed prior to cancelation, a FULL refund would be issued at point of cancelation.
15. ERRORS
At Brazodee.com we do everything in our power to ensure the accuracy of the product information, prices, descriptions and availability, but intermittently errors do occur. Please notify Brazodee.com of any information or pricing inaccuracies so that we can correct the problem by sending an email to us. Brazodee.com reserves the right to change without notice the prices and availability of products and services on the website. Errors will be corrected where discovered, and Brazodee.com reserves the reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Brazodee.com or its third-party credit card processor will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
16. ELECTRONIC COMMUNICATION
When you create an account with us, you consent to communication with Brazodee.com by means of electronic communications, including sending electronic mail to the email address you provided during registration process. Each time you make a purchase through the Brazodee.com website, you grant permission for Brazodee.com to contact you at your e-mail address. This also applies to any newsletters that you may have enrolled for which will be communicated to you via email. You agree that we may communicate with you by means of electronic communications regarding this Conditions of Use, notice or disclosure regarding the site, payment authorizations, and any other matter relating to your use of the site.
AT NO TIME WHATSOEVER WILL BRAZODEE.COM ASK YOU TO VERIFY YOUR CREDIT CARD INFORMATION OR OTHER FINANCIAL OR IDENTIFIALBLE INFORMATION. PLEASE DO NOT RESPOND FOR ENQUIRIES OF THIS NATURE. To stop receiving our marketing emails, please opt out on the website.
17. CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION
As fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use the Brazodee.com website, register, and make purchases. As a condition of registering with our website or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the website, using the features or making any purchases, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
While Brazodee.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information.
IN NO EVENT SHALL BRAZODEE.COM OR ITS ASSOCIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNATHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BRAZODEE.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
18. OUR ACCEPTANCE POLICY
When you purchase an item on the website, your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Brazodee.com reserves the right at any time after receipt of your order to accept or decline your order for any reason such as but not to, illegal or suspicious activity, vague shipping address, natural disasters, potential threats to Brazodee.com and its associates. If the order is cancelled and payment was made before receiving goods and services, Brazodee.com will refund you the full cost of the transaction inclusive of delivery charges.
Further, Brazodee.com reserves the right any time after receipt of your order, to supply less than the quantity you ordered for any item, based on the quantity of goods that are available at the time of placing the order. Such reduction in quantity shall be communicated to the user. Your order will be deemed accepted by Brazodee.com upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a digital download, as indicated by our servers. All orders made via online credit card transaction and processed by a third party credit card processor must obtain pre-approval with an acceptable method of payment, as established by their credit and fraud avoidance department. They may also require additional verifications or information before accepting payment for any order. This is to ensure your security. This time-frame for additional verification may lengthen the period for delivery in which case Brazodee.com does not guarantee delivery within any specific period but rather offers a guide for delivery time. Only when approval for online credit card payments is accepted will Brazodee.com be able to deliver your goods. Please be guided when making online credit card payments that this process may result in delayed delivery times. Title to goods and all risk of loss passes to you upon delivery.
19. INDEMNIFICATION
You agree to indemnify and hold harmless Brazodee (Brazodee.com) and its parents, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related to your violation of this Conditions of Use, or your violation of any law, regulation or third-party right.