TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. HABANA BRAND CLOTHING RESERVE THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT THEIR SOLE DISCRETION.
Sale is Contingent on Customer’s Acceptance of Terms and Conditions.
TERMS & CONDITIONS
Habana Brand Clothing provides this Web Site as a service to our customers. Please review the following basic rules that govern your use of our site (“The Agreement”). Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Web Site. Although you may “bookmark” a particular portion of this Web Site and thereby bypass this Agreement, your use of this Web Site still binds you to the terms. Since Habana Brand Clothing may revise this Agreement at any time; you should visit this page periodically to review the terms of your use.
SITE CONTENT
On occasion there may be information on habanabrand.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you, but we will try to provide the best solution possible for each particular case.
SHIPPING
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss of an item purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filling any claims with carriers for damaged and/or lost shipments.
PRODUCT INFORMATION
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. We may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Prices are subject to change without notice. All merchandise will be shipped at the price in effect at the time of shipping. Habana Brand reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.
INAPPROPRIATE MATERIAL
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear on our Web Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
LINKS TO AND FROM OTHER WEB SITES AND SERVICES
Please be aware that when you are navigating our Web Site or viewing an email or other content provided by Habana Brand, you may have the opportunity to click on the links that take you outside of Habana Brand's service to other web sites or online content that are beyond Habana Brand's control. If you “click” on the link to such a third party, the “click” takes you to a third party’s web site or online content. We have no control over and are not responsible for the content of any third party web sites to which you navigate. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through this our website. We encourage you to be aware of when you leave this Web Site and to read the privacy policies of each and every Web Site that you visit.
DISCLAIMER
HABANA BRAND PROVIDES THE MATERIALS AND SERVICES ON THIS SITE “AS IS” WITHOUT WARRANTIES OF ANYKIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
HABANA BRAND EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH
HABANA BRAND MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. HABANA BRAND DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB
SITE. THE MATERIALS AND SERVICES ON OR THROUGHTHIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENTOR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
LIMITATION OF LIABILITY
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.
In the event of any problem with this Web Site or any content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer or such products or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site.
You agree to defend, indemnify, and hold Habana Brand Clothing harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of this Web Site, your breach of these Terms of Use, and/or any of the foregoing agreements, representations, and warranties