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Terms and conditions

Terms and Conditions

Legal Notice

This site is owned by: “MALLCUBANO.COM” (hereinafter, “MALLCUBANO”)

Commercial identification number (NIF/CIF): 1000794443

Registered and social address: 10 Four Seasons Place, 1000, Toronto, Ontario, Canada, M9B-6H7

Email: dpo@mallcubano.com

Phone: +1 (437) 247 1427

Thank you for visiting this website. Before activating your account, please read our Terms and Conditions contained herein (TyC) carefully, as any use of this website constitutes acceptance of these TyC stated here. By activating your account, you will be deemed to acknowledge and accept the TyC, thus being subject to the compliance with what is stipulated herein; you also acknowledge any amendments and modifications that may be adopted subsequently during the established periodic review processes.

“MALLCUBANO” reserves the right to change or update the information on the site and correct errors, inaccuracies, or omissions at any time without prior notice.

If you continue to access or use our service after any modification becomes effective, you agree to be bound by the modified terms. If you do not accept the new terms, in whole or in part, please stop using the website and the service.

Conditions of Use

Access to and use of this website is the sole responsibility of the CLIENT, who agrees to use the services and content appropriately and not to employ them for illegal activities.

By using this website and placing orders through it, you declare:

  • You are over 18 years old and have the legal capacity to enter into contracts, where your email address, postal address, and other contact details correspond accurately to reality. You also agree that we may use this information to contact you if necessary. If you do not provide us with all the information we need, we will not be able to process your order.
  • Use this website only to make legally valid inquiries or purchases.
  • Do not place any false or fraudulent orders.
  • Do not list any of the products from our catalog on another platform or any other digital medium and offer them for redistribution or resale of any kind.

The CLIENT declares that the following statements are correct:

  • You are legally authorized to use the services, both in the place of origin of the purchase and in the destination of the delivery.
  • You are the legal holder of the bank card used for payment and are authorized to make this purchase of products for your own consumption or to be donated to individuals or non-governmental organizations in the country you have selected as the destination or delivery location.
  • You do not violate any legal restrictions, either in the country of origin of the purchase or in the destination country (place of delivery of the products), and therefore have no impediment to using this platform.

The CLIENT's violation of the TyC described herein will entitle “MALLCUBANO” to cancel or suspend your account immediately, without prior notice and without any liability, for any reason, including but not limited to; it additionally implies engaging in sanctionable conduct ranging from civil liability to criminal.

Modification of TyC

“MALLCUBANO” reserves the right to modify these TyC at any time. Changes will be notified to CLIENTS by posting them on the website.

Purchase Process

To make a purchase, the user must follow these steps:

  1. Create your account.
  2. Select the product.
  3. Add to the shopping cart.
  4. Review and confirm the order.
  5. Make the payment using the available methods.
  6. Receive the order confirmation.

All purchases and transactions made through this website are subject to a verification and confirmation process, which may include checking stock and availability of products, validating the payment method, and complying with the conditions required by the selected payment method.

Payment Methods

The accepted payment methods are:

• Credit/Debit card

• Other authorized and available payment methods in the market.

All payments are protected by standard security measures.

For more information, please refer to the page (Payment Method).

Shipping and Delivery

Orders will be delivered to the warehouse within five (5) business days after the order is approved.

For more information, please refer to the page (Delivery Policy).

Return and Refund Policy

The CUSTOMER has the right to withdraw from the purchase before receiving the order, notifying us through the contact methods within a period not exceeding 24 hours. Products must be returned in perfect condition. The refund will be processed within seventy-two (72) hours from the receipt of the return.

For more information, please refer to the page (Return Policy).

Purchase Restrictions

“MALLCUBANO” will exercise its right to indefinitely block any CUSTOMER detected attempting to violate our restrictions.

“MALLCUBANO” reserves the right to refuse or cancel for legitimate reasons any Order in which the number of products or the amount to be paid (for a single Order or for multiple accumulated Orders) or other elements clearly indicate that the CUSTOMER is not a consumer or demonstrates the CUSTOMER's engagement in an economic activity related to the requested products or, in general, any unauthorized Order in accordance with the applicable legislation at the destination of the purchase.

Data Protection

In compliance with the requirements established by PIPEDA (Personal Information Protection and Electronic Documents Act), the personal data of CUSTOMERS will be processed in accordance with our Privacy Policy. The CUSTOMER has the right to access, rectify, and delete their data, among other rights.

Cookie Policy

For more information, please refer to the page (Cookie Policy).

Intellectual Property

All content on the website, the set of trademarks, whether figurative or not, as well as all illustrations, images, logos, and any content present on the website (including, but not limited to), in accordance with the General Terms of Use, are and will remain the exclusive property of “MALLCUBANO” or the holder of the corresponding intellectual property rights.

Reproduction, modification, or total or partial use of such trademarks, illustrations, images, and logos or any other content from the website, for any reason and in any medium, is prohibited without the prior and express written consent of “MALLCUBANO” or the holder of the corresponding intellectual property rights. The above provision will also apply to copyrights, designs and models, as well as patents present on the website.

Limitation of Liability

“MALLCUBANO” shall not be held liable for the obligations set forth in these General Terms of Use when the failure to comply with such obligations is attributable to acts of third parties, even when such events are foreseeable, to the fault of the CLIENT, to the occurrence of a force majeure circumstance, as defined in the applicable jurisdiction, or any other circumstance that reasonably escapes the exclusive control of “MALLCUBANO.”

The information available on the website is provided without any warranty, either implied or express, regarding its completeness, accuracy, timeliness, non-infringement, availability, reliability, or integrity of the data, products, accessories, or services appearing on the website or regarding their suitability for the use that the user intends to make of them. “MALLCUBANO” disclaims all liability for direct and indirect damages, foreseeable or not, suffered as a result of the use of the website. If liability is established for damages suffered by the CLIENT, attributable solely to the execution of the order, such liability shall be limited to the amount of the order that the CLIENT has paid.

To the maximum extent permitted by applicable law, in no event shall “MALLCUBANO” or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, due to business interruption, personal injury, loss of privacy arising from or in any way related to the use or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of these Terms), even if “MALLCUBANO” or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some locations do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that the above limitations may not apply. In such places, the liability of each party shall be limited to the maximum extent permitted by law.

Fraud Prevention

“MALLCUBANO” maintains a zero-tolerance policy towards any manifestation of fraud, as an essential principle to ensure our CLIENT a safe shopping environment.

“MALLCUBANO” reserves the right to suspend or cancel the execution and delivery of an order, regardless of its nature and degree of execution, in the event of fraud, whether completed or attempted.

The CLIENT's order may be postponed for fraud prevention. It may also be suspended for a longer period to conduct a more thorough investigation and prevent fraudulent transactions.

The CLIENT and/or recipient is warned that they may be exposed to legal proceedings in the event of claims initiated due to chargebacks for fraud.

In the context of the fight against Internet fraud, data related to the CLIENT's order may be communicated to third parties authorized by law or designated by “MALLCUBANO” solely for the purpose of verifying the CLIENT's identity, as well as the validity of the order, the payment method used, and the expected delivery.

Applicable Law and Jurisdiction

The Terms and Conditions expressed herein shall be subject to the laws currently in force in Canada. Any dispute, agreement, or mediation shall be resolved within the Canadian jurisdiction system.

Penalties

“MALLCUBANO” nor its affiliates nor its directors, to the best of their knowledge, are controlled by any person and/or entity that is currently subject to sanctions administered by the United States of America, the Office of Foreign Assets Control (“OFAC”) of the Department of the Treasury, the United Nations Security Council, the European Union, or any other relevant and validly recognized sanctioning authority.