Terms of service.
Terms of Service
Welcome to ¡WEPA! libros ™. ("WEPA LIBROS" ) website located at wepalibros.com (the "Site"). Please read these Terms of Service (the "Terms") carefully because they govern your use of our Site and our services accessible via our Site. To make these Terms easier to read, the Site, our services and products are collectively called the "Services.” These Services encompass the offering and shipment of a selection of curated books (the “Books”) collectively called the “Product.”
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, please do not use the Services.
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may modify, change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with WEPA LIBROS and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services, including making a purchase via the Site, you’ll have to supply account information ( "Account" ). You can do this via the Site with your first purchase. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. You’re responsible for all activities that occur under your Account, whether or not you know about them.
To create an account you must have status as an approved user of our online catalog. All forms of payment, inclusive of Credit Card will be referred to as “Payment Method.”
Orders
When you place an order with WEPA LIBROS you agree to pay a purchase price of the books (“Product Price”) along with any additional fees selected at checkout (e.g., shipping delivery fees) (”Fees”) and any applicable sales tax (“Taxes”). All orders enter an approval process. By placing an order request online, WEPA LIBROS will email a formal estimate within 7 business days of said request. The order will only enter the processing stage upon receipt of a purchase order. Upon shipment of materials, you will receive a final invoice with NET 30 terms to be paid via check. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check Stripe, our third party payment provider, for an updated list).
To pay the Product Price, Fees and Taxes on each order, you will need to provide WEPA LIBROS with the information necessary to process an order from you, including your shipping address and the billing information. You may pay for Product Price, Fees, and Taxes via credit card or other payment method then available on the Site. By submitting your payment information to us, you authorize us to charge your credit card or other Payment Method available in accordance with this policy.
For your convenience, in the event your payment method reaches its expiration date, and you do not edit your credit card information, you authorize us to continue billing that credit card on file. This includes extending the expiration date until we are notified by you or the credit card company that the account is no longer valid.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant WEPA LIBROS the right to store and process your information with the third party payment service, which may change from time to time; you agree that WEPA LIBROS will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is available here. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Service
When you sign up for a Service, we will send you a selection of books chosen by WEPA LIBROS . For any reason, we may decline to accept your request for a shipment. If we decline to accept your request for a shipment, we may attempt to notify you at the email address you provided. All Books will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Books to a common carrier.
Orders and Book Availability
When you make an order and pay the Purchase Price, the order is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to ship you Books. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you delivery information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
We cannot guarantee the availability of the Services listed on our Site or that books will always be in stock. If books are not available by the time we are processing your order, we will notify you of this via e-mail and refund you any charges made. We reserve the right to limit quantities in certain circumstances. You will receive a shipping confirmation via e-mail once the Books have shipped or are being delivered.
Shipment
Products will be shipped via USPS ,UPS, or FEDEX within the United States (excludes Alaska, Hawaii and overseas military addresses). Any delivery dates provided by WEPA LIBROS are estimates. WEPA LIBROS reserves the right to make the delivery at a later or earlier date than the initial estimate provided. WEPA LIBROS will send customers shipping information on the order, however you are responsible for keeping shipping information accurate and updated. Any address changes that need to be made on the order must be made within 10 business days. Clients can contact us directly to request the change.
Replacement of Books and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion and reserve the right to deny claims.
Repeated claims of undelivered merchandise may result in refusal to process future transactions. We are neither responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions or acts of hackers, internet service providers or any other third party, or your acts or omissions.
Returns
When you sign up for a Service, you agree to the Purchase Price, Fees and Taxes charged of the Product. We facilitate refunds or exchanges exclusively for materials that have incurred damage during transit. To initiate a refund or exchange request, kindly reach out to info@wepalibros.com and provide accompanying photos illustrating the extent of the damage. WEPA LIBROS will not provide a refund for Books that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. WEPA LIBROS is not liable or responsible for refunding Products that are lost in transit to WEPA LIBROS .
You are solely responsible for contacting your Credit Card or Payment Method company if you have questions about the status of the chargeback.
We reserve the right to update or change the return policy at any point. It is the responsibility of the customer to review the terms if they wish to make a return.
Cancellation of Orders
Your order may be cancelled and the Purchase refunded if the order has not been processed and the shipment has not been confirmed. TO REFUND A NEW ORDER YOU MUST CANCEL YOUR WEPA LIBROS ORDER WITHIN 24 HOURS OF PLACING THE ORDER OR YOU FORFEIT THE RIGHT TO REFUND THE PURCHASE IF THE ORDER HAS ALREAD BEEN PROCESSED.
You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so.
Feedback
Whether you are an Account holder or a visitor (each, a "User" ), we welcome feedback, comments and suggestions for improvements to the Services ( "Feedback" ). You can submit Feedback by emailing us at info@wepalibros.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our Users.
Content and Content Rights
For purposes of these Terms: (i) "Content" means information or other materials that are posted, generated, provided or otherwise made available through the Services, including but not limited to text, graphics, images, software, videos, or works of authorship of any kind; and (ii) "User Content" means any Content that you (whether you are an Account holder or a visitor) provide to be made available through the Services, including but not limited to any opinions expressed by you. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
WEPA LIBROS does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, WEPA LIBROS and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to WEPA LIBROS a non-exclusive, worldwide, perpetual, irrevocable royalty-free license with the right to grant sub-licenses to use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute copies of your User Content in connection with operating and providing the Services and Content to you and other Users. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by WEPA LIBROS on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Any opinion provided by our Users is that of the User expressing such an opinion and does not reflect the opinion of WEPA LIBROS .
General Prohibitions and WEPA LIBROS’ Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services or any individual element within the Services, WEPA LIBROS’ name, any WEPA Libros trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WEPA Libros’ express written consent;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WEPA LIBROS or any of WEPA Libros’ providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by WEPA LIBROS or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a WEPA LIBROS trademark, logo URL or product name without WEPA LIBROS’ express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We also reserve the right to refuse services to any User and/or may require verification of information prior to the acceptance or shipment of any order.
Links to Third Party Websites and Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. The following Sections will survive any termination, discontinuation or cancellation of Services or your Account: Feedback; Content and Content Rights, Indemnity; Limitation of Liability; Termination; Dispute Resolution; and General Terms.
Warranty Disclaimers
THE SERVICES, MATERIALS AND CONTENT PROVIDED IN CONNECTION WITH THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICES AND PURCHASE OF ANY PRODUCTS IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE AND VIA THE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS (IF ANY).
We make no warranty that the Products and/or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including but not limited to the availability and/or pricing of products or services sold via the Services.
Indemnification
Each user shall indemnify, defend and hold WEPA LIBROS and its officers, directors, affiliates, employees and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms.
Limitation of Liability
USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF SERVICES, INFORMATION, RECOMMENDATIONS, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions.
General
This Agreement constitutes the entire agreement between you and WEPA LIBROS with respect to the Site and Services. Failure by WEPA LIBROS to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Contact Information
If you have any questions about these Terms or the Services, please contact WEPA LIBROS at info@wepalibros.com.