Términos y Condiciones | Terms & Conditions

Introduction

Welcome to the Pato Listo™ website which is located on www.patolisto.com (“Site” or “Website”). 

This website is owned and operated by Zaila Company LLC having Company Identification Number: 0450917063 and registered in New Jersey, USA. Throughout the Site, the terms “we”, “us”, “store”, “Pato Listo™” and “our” refer to Zaila Company LLC We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. 

By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, our Privacy Policy, or any other of our policy, you should not use the Services.

1. Pato Listo™ – General Information

  • What we do.  We are manufacturers and retailers of body products based in New Jersey, USA operating e-commerce online and pop-up stores. All our products are made in USA and sourced internationally from overseas. To find out more information about what we do, please refer to our website.

  • Descriptions. The pictures of the products (and packaging) on our website are for illustrative purposes only. We work to ensure that colors are displayed accurately but we can’t guarantee that a device’s display of the colors exactly reflects those of our products. The actual packaging may vary from time to time based on changes in supply and production from our manufacturers and suppliers.

  • Sole discretion. We reserve the right to add/ discontinue any product or service anytime at our sole discretion. 

2. Eligibility

The purchase of products through Pato Listo™ is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

 

3. Products

All products sold at Pato Listo meet the manufacturer's specifications and are guaranteed to be of high quality. Our products are registered in compliance with the relevant safety and quality regulations in the country of origin.

4. Orders

All orders are subject to acceptance and availability. After placing an order on the Site, you will receive an email acknowledging the details of your order. Please note that this email is not an acceptance of your order. Acceptance occurs once your order is packed, unless you decide to cancel it. We reserve the right to refuse any transaction or service at our sole discretion, for any reason, at any time. We will not be liable to you or any third party for withdrawing any product from the Site, refusing to process a transaction, or suspending or cancelling a transaction after it has begun processing.

5. Payment

We accept all major payment methods which include:

For Online Store (Shopify and Other Third Party Platform)

  • Visa (credit and debit cards)  

  • MasterCard (credit and debit cards)  

  • Amex

  • PayPal

  • Any other payment method displayed on our Site.

For Pop Up/ Retail Physical Stores

  • Cash

  • Debit/ Credit Cards

  • Any other payment method displayed at the physical store.

For Corporate/ Bulk Orders

Please refer to payment terms as specified in the invoice &/ or sales & purchase agreement.

Please note that we reserve the right to add or change our payment methods at our sole discretion at any time.

6. Pricing Policy

Prices shown on the Site and pop-up store, unless being otherwise specified, are in USA Dollars.

Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you had placed your order for a product before the price change, the price will be as stated on our website at the time when you had placed your order.

7. Shipping, Returns, and Refunds

Please refer to our Shipping, Returns, and Refunds policy for more information on this section.

Permitted use 

You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by Pato Listo™;

  2. Gain unauthorised access to Pato Listo™’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Pato Listo™’s networks, and computer systems;

  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);

  4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and

  6. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Pato Listo™ in a way that is likely or intended to confuse the owner or authorised user of such marks, names or logos.

8. Discount Codes

We may provide promotional codes offering a discount on our product. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.

9. Limited License and Site Access; Acceptable Use

You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

10. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Pato Listo™ is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of Pato Listo™. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Pato Listo™ immediately of any breach of security or unauthorised use of your account. Pato Listo™ cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

11. Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site.  All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorised reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorisation. To inquire about obtaining authorisation to use the Content, please contact us at hola@patolisto.com

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

12. Monitoring Activity

Pato Listo™ has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Pato Listo™ has no obligation to display or post any content. Pato Listo™, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. Pato Listo™ shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Pato Listo™ or any other party.

13. Disclaimer

To the fullest extent permissible under applicable law, Pato Listo™ expressly disclaims any and all warranties and representations, express or implied, including any (a) warranties of merchantability or fitness for a particular purpose or use as to the site and its content, including the information, data, software, or products contained therein, or the results obtained by their use or as to the performance thereof, (b) warranties or conditions arising through course of dealing, and (c) warranties or conditions of uninterrupted or error-free access or use. The site and all contents therein and components thereof are provided on an “AS IS” basis and your use of the site is at your own risk.

14. Limitation of Liability

You agree that in no event shall Pato Listo™ be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or Pato Listo™' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

Indemnification

You agree to indemnify and hold Pato Listo™ and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

15. Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Terms and Conditions shall be governed by and construed in accordance with the law of New Jersey, USA and you hereby submit to the exclusive jurisdiction of the New Jersey, USA courts.

16. Children

You may not use or engage with our website if you are under 18 years of age.  If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website

17. Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

18. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

19. Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

20. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

21. Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

22. Force Majeure

Pato Listo™ in the event of this Terms and Conditions agreement being frustrated by force majeure or any supervening event which may occur (including but not limited to acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control), either party shall discharge their contractual obligations if it has become impossible to perform them. In such an event, Pato Listo™ shall inform the Customer accordingly both at the beginning and the end of the period for the current situation and shall make all efforts to resolve the issue and deliver the product. Our performance under any Contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the Contract may be performed despite the force majeure event. If the situation has lasted for a longer period of time and can not be resolved, both the Customer and Pato Listo™ are entitled to terminate the contract with immediate effect.

23. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and Pato Listo™ concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Pato Listo™'s right to act concerning subsequent or similar breaches. 

24. Term and Termination

This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Pato Listo™ shall survive any termination.

25. Contact Us

For any questions, feedback, complaints, and queries or to report any violations, kindly contact us:

Pato Listo™ - Zaila Company LLC

Email: hola@patolisto.com