Welcome, Please Read Carefully
Welcome to Cumosco.com. If you visit or shop at Cumosco.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 Cumosco.com website located at https://www.cumosco.com (“the website”). The website (“Cumosco.com”) is the property of Cumosco Limited. References to Cumosco.com herein refer to Cumosco Limited or its affiliates, subsidiaries and designees as deemed appropriate by Cumosco Limited.
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, Cumosco Limited grants you a personal, non-exclusive, non-transferable, non-sublicense, limited privilege to enter and use the website.
Cumosco.com reserves the right to change, add or remove portions of the Conditions of Use relating to the Cumosco.com website at any time. 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 implies 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.
Cumosco.com reserves the right to refuse service, delivery, terminate accounts and/or cancel orders or portions thereof in its discretion, including without limitation, if Cumosco.com determines that any user violates applicable law or is harmful to the interests of Cumosco.com.
By using the website you agree that you shall not upload to, distribute or otherwise publish to Cumosco.com any information or material that:
- Violates or infringes the proprietary rights of any person;
- Is libelous, 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.
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 limited to the design, selection, arrangement and coordination of the website’s content is owned or licensed by or to Cumosco.com and is protected by the governing intellectual property rights laws of the Republic of Trinidad and Tobago. Cumosco.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 does not offer pricing for individual products however pricing can be obtained via:
- Quotation process available on the website
- Email request
- Contact via WhatsApp
3. PAYMENT
Cumosco.com offers two (2) forms of payment for items being sold on the website:
- Online Credit Card Processing and
- Online Transfers directly into the business accounts of Cumosco.
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.
Cumosco reserves the right to cancel and refund ANY transaction at any time which it deems necessary, illegal or conflicts with our terms and conditions.
Upon delivery, the customer is expected to sign for receiving the goods in good condition and quantity. We will require the customer to present identification before receiving the goods. Your order will be immediately cancelled if identification is not presented or if the information does not match the details of the credit card.
Delivery dates, times, and drop off directions will be confirmed at the time of payment with the Sales Representative of Cumosco.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, PRODUCTS, CONTENT, SOFTWARE, ARTWORK, DATA, AND SERVICES ARE PROVIDED BY CUMOSCO.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE STATED IN WRITING.
ALL OF CUMOSCO.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. IN THE EVENT THAT WE DO NOT HAVE THE IDENTICAL ITEM TO EXCHANGE, CUMOSCO.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 CUMOSCO.COM OR IN CONNECTION WITH THE WEBSITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL CUMOSCO.COM OR CUMOSCO LIMITED 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 CUMOSCO.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 CUMOSCO.COM WEBSITE WHETHER BASED ON ANY LEGAL REMEDY, STRICT LIABILITY OR OTHERWISE EVEN IF CUMOSCO.COM HAS BEEN ADVISED OF THE POSSBILIITY OF SUCH DAMAGES.
Unless otherwise expressed within this Conditions of Use, the maximum liability of Cumosco.com to you for any damages (regardless of reason therefore) shall not exceed the total amount of money actually paid to Cumosco.com by you the “end user” during the two (2) weeks immediately before the act giving rise to the alleged responsibility of Cumosco.com.
Neither Cumosco.com nor its associates warrant that use of the Cumosco.com web site will be uninterrupted or error-free. Furthermore, Cumosco.com makes no representation that content provided on the Cumosco.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 Cumosco.com.
The delivery timeframes negotiated at payment may be delayed if incorrect information is given or due to any force majeure or security risk such as but not limited to poor infrastructure, flooding, hurricanes, delivery through crime “hot-spots” or delivery to unsafe areas deemed by Cumosco.com. In such cases this will either delay your order delivery time or may result in your order being cancelled. In either case, Cumosco.com will refund or reverse your credit card if payment was made online or simply cancel the order. You agree that Cumosco.com will not be responsible or held liable for such delays in delivery for goods purchased on the site.
YOU AKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, AND LIMITED 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.
5. RETURNS POLICY
Your returned product must include following:
- Original packaging (manufacturer’s box, plastic bags, etc.)
- Valid receipt of purchase
- The return must be complete and include all accessories
- Manufacturer documentation (manuals, warranty cards, registration information, etc.)
If the returned product does not match the abovementioned criteria, it will be rejected by our Cumosco.com Returns Department.
All returns will be collected by Cumosco Ltd.
5a. BASIC RETURN POLICY
CUMOSCO.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 in a non-factory sealed box, 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.
The risk of loss for the product being returned shall be with you at all times before the item is picked up by Cumosco Ltd. 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.
5b. DEFECTIVE PRODUCTS
Defective products can only be returned in exchange for the exact same product, or at the sole discretion of Cumosco.com, the purchase price will be credited to the credit card used for the original purchase
Cumosco.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 the replacement product is dependent on product availability from the manufacturer or supplier.
6. HYPER-LINKS
The Cumosco.com website has links to other websites that are owned and operated by other parties. Cumosco.com is not responsible for the operation of or content located on any such other website.
7. RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon our delivery to you.
8. PRODUCT DISPLAY/COLOURS
Cumosco.com shall attempt to maintain product integrity in terms of accuracy of product images displayed on the website. However, we cannot guarantee that the color displayed matches the product color, as the display color 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.
9. MODIFICATIONS TO PRICES OR BILLING TERMS
CUMOSCO.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
10. 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.
11. ORDER LIMITATIONS/LIMITED QUANTITIES
Cumosco.com, reserves the right to limit or cancel quantities purchased per person, per household or per order. Please note that Cumosco.com also reserves the right to reject any order you place with us. In such circumstances Cumosco.com shall provide notification to the user of such limitation or cancellation. These restrictions may include orders placed by the same Cumosco.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.
12. TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedy, Cumosco.com may, without prior notice, immediately revoke any or all of your rights granted hereunder for reasons including but not limited to (a) suspicious or illegal activity, (b) suspicious or proven acts of fraud from credit card processors, (c) behaviour which may negatively affect Cumosco.com or other users of the website, (d) ordering goods and services outside of the delivery zones stated by Cumosco.com at checkout and in areas deemed unsafe for delivery by Cumosco.com. In such cases, Cumosco.com, in its sole discretion, May, cancel orders and report the activity to the authorities.
Cumosco Limited 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 behavior that may be of risk to Cumosco Limited. If an online payment was placed prior to cancelation, a FULL refund would be issued at point of cancelation.
13. ELECTRONIC COMMUNICATION
APART FROM THE TIME OF PAYMENT AND DELIVERY THERE WILL BE NO TIME WHATSOEVER THAT CUMOSCO.COM WILL ASK YOU TO VERIFY YOUR CREDIT CARD INFORMATION OR OTHER FINANCIAL OR IDENTIFIALBLE INFORMATION. PLEASE DO NOT RESPOND FOR ENQUIRIES OF THIS NATURE.
14. CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION
As fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to create quotations and to complete purchases. As a condition of creating quotations on 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 Cumosco.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 CUMOSCO.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 CUMOSCO.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
15. 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. Cumosco.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 limited to, illegal or suspicious activity, vague shipping address, natural disasters, potential threats to Cumosco.com and its associates. If the order is cancelled and payment was made before receiving goods and services, Cumosco.com will refund you the full cost of the transaction inclusive of delivery charges.
Further, Cumosco.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 Cumosco.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 Cumosco.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 Cumosco.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.
16. INDEMNIFICATION
You agree to indemnify and hold harmless Cumosco Limited (Cumosco.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.