Terms and Conditions

TERMS AND CONDITIONS OF USE FOR THE WEBSITE WWW.COLEHAAN.DO (THE "SITE") EFFECTIVE AS OF MARCH 16, 2021.

 

Signafire Capital, Cole Haan RD is an independent distributor of Cole Haan in the Dominican Republic and the sole operator of this website.

PRIOR CONSIDERATIONS

This agreement describes the general terms and conditions (the "Terms") applicable to the use of the services offered by the company "SIGNAFIRE CAPITAL" ("COLE HAAN RD" and/or "We") on the Site (the "Services"), which aim to regulate the user's access to and use of the Site.

For clarity, hereinafter we refer to the user of the Site as the "User" or "You".

Anyone wishing to access and/or use the Site or the Services may do so subject to these Terms, along with all other policies and principles governing the Site, which are incorporated herein by reference.

ANY PERSON WHO DOES NOT ACCEPT THE TERMS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES.

The User must read, understand, and accept all conditions established in the Terms and the Privacy Notice, as well as in other documents incorporated herein by reference, prior to registering as a User of the Site.

CLAUSES

FIRST.- GENERAL TERMS. For your security, we declare that COLE HAAN RD + SIGNAFIRE CAPITAL is a commercial company duly constituted under the laws of the DOMINICAN REPUBLIC and that we are in compliance with our tax obligations.

We also need to inform you that these Terms may be subject to any type of variation, modification, change, adjustment, addition, or supplement when COLE HAAN RD + SIGNAFIRE CAPITAL deems it appropriate (the "Updates"), with the understanding that such Updates will take effect at the moment we publish them on the Site, and You must expressly accept said Update to our Terms.

By accessing the Site and reading the Terms, you declare that you are of legal age, have full legal capacity to use the Site, and are bound by these Terms. If you are a minor, you declare that you have the authorization of your parents (or guardians) to be bound by these Terms.

Likewise, you declare that the data you provide or will provide in the future to contract the Services and/or purchase our products are real, truthful, accurate, lawful, and verifiable, and that you release COLE HAAN RD + SIGNAFIRE CAPITAL from any liability derived from the veracity, suitability, accuracy, lawfulness, and verification of such data. You also authorize us to verify your data, either directly or through third parties that we authorize for such purposes; if we find that the information you provided is false, inaccurate, or unlawful, we may, at our sole discretion, deny you access to the Site and delete your user account, and you will be liable to COLE HAAN RD + SIGNAFIRE CAPITAL for any damages caused to us by such information, whether to us or to our clients and/or suppliers.

Unless otherwise indicated, the prices of the products offered on the Site are per unit and include the corresponding ITBIS. By accessing and using the Site, the User agrees to make proper and lawful use of it.

SECOND.- SERVICES. The Services are related to the sale of footwear and accessories for ladies.

THIRD.- ACCOUNT. When you use the Services, you are responsible for maintaining the confidentiality of your account data and password, as well as for restricting access to your computer, and you assume responsibility for any activities carried out from your account or using your password.

Furthermore, you must notify us of any unauthorized use of your password or account. In no way will COLE HAAN RD + SIGNAFIRE CAPITAL be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of the User's failure to comply with this section.

FOURTH.- PAYMENT. You can pay for your products purchased on our Site by any of the payment methods we offer, including: credit or debit card (Visa or MasterCard) and bank transfer. The list of Payment Methods may be subject to modifications at any time without prior notice to the User.

All payments must be made through the Payment Methods and within a maximum period of 24 (twenty-four) hours from the confirmation of your purchase; otherwise, the products will not be processed for delivery, meaning that only after payment confirmation will the products be released for delivery to the delivery address you provided. Once payment is confirmed, we will send the corresponding transaction confirmation via email (the "Transaction Confirmation").

If there is any problem with your order, we will contact you by email or phone.

COLE HAAN RD + SIGNAFIRE CAPITAL reserves the right to request official documents from the User as a means of validating the process of acquiring products through the Site. In case of non-recognition by the corresponding Banking Institution of charges made by the User through the Payment Methods and derived from operations carried out on the Site, COLE HAAN RD + SIGNAFIRE CAPITAL reserves the right to initiate the corresponding legal actions and establish criminal or civil responsibilities, as the case may be or of any other nature, as well as to carry out all those internal actions that may range from re-charging to the definitive termination of the User on the Site, for which no prior authorization from the User will be required.

FIFTH.- INVOICING. You can request your Tax Receipt within a maximum period of 30 (thirty) calendar days from the date of the Transaction Confirmation by sending an email to colehaanweb@csco.com.do with the corresponding tax details. Subsequently, we will send you the Tax Receipt within 5 (five) business days from the date of receipt of your request. Once the Tax Receipt has been issued, COLE HAAN RD + SIGNAFIRE CAPITAL will not be able to re-invoice or issue subsequent Tax Receipts.

SIXTH.- PRODUCT AVAILABILITY. The products offered on the Site are subject to existence, quality, and availability, so delivery time may vary with prior notice from us, or the order may even be canceled and the corresponding charges reimbursed to the User. If the new delivery time offered is not to your liking, you can request the cancellation of the order and the corresponding reimbursement of the charges in your favor, provided that the products have not been shipped. In these cases, the cancellation policy established in Clause Nine of these Terms will apply.

SEVENTH.- SHIPPING AND DELIVERY POLICY. All shipments within the DOMINICAN REPUBLIC will have a cost indicated during the payment process, added to the product value.

Once you have received the Transaction Confirmation, the shipment will proceed, for which you will receive the corresponding tracking number via email. All shipments within the DOMINICAN REPUBLIC will be delivered within 2 (two) to 4 (four) business days from the date you receive the Transaction Confirmation. These deadlines may vary without liability for COLE HAAN RD + SIGNAFIRE CAPITAL in cases of fortuitous events or force majeure.

The shipment will be made to the address provided by the User, who will be responsible for the veracity and accuracy of the same. In case said data has not been provided correctly, there is no one to receive the order, or it is refused, we may cancel the operation or charge the User for shipping costs, as the case may be.

Home delivery will be on business days and during hours established by our service provider, which we will inform you about at the time of your purchase.

Likewise, the User acknowledges and accepts that in the event of a possible theft or loss of your order, not attributable to COLE HAAN RD + SIGNAFIRE CAPITAL, we will carry out the corresponding investigation process and determine the next steps to communicate them to the User and define alternative solutions.

EIGHTH.- CLAIMS, EXCHANGES, AND RETURNS. If you wish to make a claim, or request an exchange or return of products, you must take the following into account:

1. You must check at the time of delivery that the conditions and state of the product match what you ordered.
2. If you notice that the product packaging has been opened or damaged, do not accept it, and leave written proof with the shipping provider explaining why you are not accepting it. Otherwise, COLE HAAN RD + SIGNAFIRE CAPITAL cannot be held responsible for the condition in which you receive the product.
3. If the product received has any damage, defect, or missing parts, you must report it to colehaanweb@csco.com.do within a maximum period of 30 (thirty) calendar days from the date you received the Transaction Confirmation, detailing the situation, including photographs of what you received.
4. In these cases, you will have the right to request a refund of the charges in your favor or the replacement of the damaged or missing product. The above will not apply to products that are already on final discount.
5. If the product is returned, the cost generated by this delivery service will be fully covered by COLE HAAN RD + SIGNAFIRE CAPITAL.
6. In cases where a total or partial refund of charges in favor of the User is appropriate, COLE HAAN RD + SIGNAFIRE CAPITAL will carry out the corresponding process within a maximum period of 7 (seven) business days from the date the products have effectively returned to the facilities of COLE HAAN RD + SIGNAFIRE CAPITAL.
7. If you wish to exchange a damaged or defective product, it will be subject to availability on the Site, and the procedure will be the one applicable in cases of return. Likewise, in these cases, the cost generated by the delivery service will be fully covered by COLE HAAN RD + SIGNAFIRE CAPITAL.

NINTH.- CANCELLATION POLICY. Notwithstanding what is established in the Terms, any confirmed transaction may be canceled as long as the acquired products have not been shipped.

Furthermore, COLE HAAN RD + SIGNAFIRE CAPITAL reserves the right to cancel confirmed transactions only in the following cases:

1. Lack of product availability according to what is established in Clause Six of these Terms;
2. Failure to obtain confirmation of the corresponding payment process for a transaction.

In both cases, we will contact you as soon as possible to resolve the situation.

In appropriate cases, the refund of charges in favor of Users will be made within 72 (seventy-two) business hours from the date of the User's request submission or confirmation of cancellation by COLE HAAN RD + SIGNAFIRE CAPITAL. The refund amount will be credited according to the Payment Method used. The period established here may vary depending on the Payment Method.

TENTH.- PROMOTIONS. We will inform our newsletter subscribers, or by email, of all future promotions and opportunities, with their respective dates and conditions. Promotions will have specific terms and conditions, and users interested in participating will be responsible for reading and understanding these terms and conditions.

ELEVENTH.- USER OBLIGATIONS. In addition to the other User obligations contained in these Terms, the latter is obliged to the following:

1. Guarantee the veracity and accuracy of the data you provide to us and carry out any necessary updates thereto. In any case, you will be solely responsible for any false or inaccurate statements you make and for the damages these cause to Us, other users, and/or any third party, expressly committing to keep COLE HAAN RD + SIGNAFIRE CAPITAL, its affiliates, subsidiaries, holding or controlled companies, shareholders, administrators, attorneys, officers, advisors, and employees and/or any third parties indemnified against any damages that may arise from the inaccuracy or lack of veracity of such data.
2. Immediately notify us of any indication of a security breach on the Site or the Services provided or of security failures of any kind.
3. Make good use of the content, information, and Services provided from or through the Site, in accordance with the law, good faith, and generally accepted customs, expressly committing to refrain from carrying out practices or uses of the Services for illicit, fraudulent purposes, infringing on the rights or interests of COLE HAAN RD + SIGNAFIRE CAPITAL or other Users or third parties, as well as not infringing the rules contained in these Terms that regulate and, in due course, will regulate any of the Services provided from or through the Site.
4. Refrain from making professional or commercial use of the Services. For these purposes, you are expressly warned that COLE HAAN RD + SIGNAFIRE CAPITAL prohibits the use of the Site for any modality of professional and/or commercial use by Users or any third party unrelated to COLE HAAN RD + SIGNAFIRE CAPITAL, that is, the Site offers a platform for the provision of the Services, expressly prohibiting you from seeking to obtain any benefit through the Site.
5. Refrain from carrying out any type of action that could disable, overload, or damage systems, equipment, or services of the Site, directly or indirectly.
6. Respect the intellectual property rights of COLE HAAN RD + SIGNAFIRE CAPITAL and third parties over the content, information, and Services provided from or through the Site, generally refraining from copying, distributing, reproducing, or communicating them in any way to third parties, unless there is express written authorization from COLE HAAN RD + SIGNAFIRE CAPITAL or the holders of said rights.
7. It is prohibited to send, introduce, or execute any information, program, or sequence containing viruses, Trojan horses, worms, time bombs, Easter eggs, or other computer programming routines that may damage, negatively interfere with, intercept, or expropriate any system, data, or personal information; inject or introduce a direct or indirect link to any other website unless explicitly requested.
8. Interfere with or disrupt the Services, the Site, or the servers or networks connected to the Services or the Site, transmit or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment.
9. Create a "frame" or "mirror" copy of any part of the Services, or code without the prior written authorization of COLE HAAN RD + SIGNAFIRE CAPITAL; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile any part of the Services, codes, or any software used on the Site.
10. It is strictly prohibited to make any type of publication for commercial purposes since COLE HAAN RD + SIGNAFIRE CAPITAL is not a classifieds page.

TWELFTH.- ELECTRONIC COMMUNICATIONS. Every time you use one of our Services or send us an email, you will be communicating electronically with Us, so we understand that you agree to receive communications from Us through electronic means and that we store and use your personal information to communicate with you, always in compliance with our Privacy Notice and applicable laws. You also agree that all contracts, notices, and other notifications and communications that we send you by electronic means satisfy any legal requirement of written form.

THIRTEENTH.- COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS. All content hosted or made available through any of the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are ours or our content providers', and are protected by intellectual property and/or copyright laws. The compilation of all content hosted or made available through any of our services is the exclusive property of COLE HAAN RD + SIGNAFIRE CAPITAL and is protected by intellectual property laws.

In addition to the above, the User acknowledges and accepts that all intellectual property rights, as well as all software and content of the Site, including HTML codes, texts, animations, images, as well as trademarks, trade names and/or distinctive signs displayed, are our property and are protected by national and international intellectual property laws. Therefore, at no time and under no circumstances may you reproduce, modify, prepare derivative works, distribute, license, lease, resell, transfer, publicly display, publicly present, transmit, retransmit or exploit the Services or any of the items mentioned above. From this moment on, you agree to indemnify and hold us harmless, as well as our affiliates, subsidiaries, holding or controlled companies, shareholders, directors, attorneys, officers, advisors and employees, from any claim, damage or harm caused by your breach of the aforementioned prohibition, regardless of the legal actions we may take against you, with the understanding that as soon as we become aware of the aforementioned breach, we will deny you access to the Site.

FOURTEENTH.- RESPONSIBILITY. Our Services and all information, content, materials and other services included in or otherwise made available to the User through our Services are provided by Us on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, regarding the operation of our services, or the information, content, materials, products (including software) or other services included in or otherwise made available to you through our Services, unless otherwise specified in writing.

The User acknowledges and accepts that all risk arising from their use of the Services and any Service or good requested in relation thereto will be exclusively at their own expense, to the maximum extent permitted by applicable law.

Notwithstanding the foregoing, the User understands and accepts the aspects and risks involved in the provision of our Services through the internet given the open, decentralized and global nature of this communication network, and for this reason We do not guarantee the impregnability of our security systems or the privacy of the information stored therein, with COLE HAAN RD + SIGNAFIRE CAPITAL being expressly excluded from any type of responsibility for any consequences derived from security failures in the Services and the consequences that may arise from them.

To the extent permitted by applicable law, COLE HAAN RD + SIGNAFIRE CAPITAL disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that our Services, information, content, materials, products (including software) and other services included in or otherwise made available to the User through our Site, servers or electronic communications sent by Us are free of viruses or other harmful components. We will not be liable for any damages of any kind, including direct, indirect, incidental, special, punitive or consequential damages, including lost profits, data loss, property damage, or related to, or in connection with, or otherwise arising from any use or mishap suffered or related to or resulting from the use of any of our Services, or any information, content, materials, products (including software) or other services included in or otherwise made available to the User through our Services.

Some laws do not allow the limitation on implied warranties or the exclusion or limitation of certain damages. If these laws apply to the User, it is possible that some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. However, the foregoing disclaimers, exclusions and limitations will apply to the fullest extent possible in accordance with applicable law.

Likewise, the User acknowledges and accepts, in general, that the Services will be available uninterruptedly on the internet. However, you are aware that COLE HAAN RD + SIGNAFIRE CAPITAL does not guarantee this continuity in any way due to the nature of the medium through which it is provided.

By virtue of the foregoing, COLE HAAN RD + SIGNAFIRE CAPITAL is excluded, to the fullest extent permitted by law, from any liability of any kind arising from the temporary interruption in the availability of the Services on the internet network.

The User is warned that COLE HAAN RD + SIGNAFIRE CAPITAL may at any time, at its sole discretion and without any obligation of prior notice, definitively suspend the presence of the Services on the internet network and therefore the different services provided from or through it, without prejudice to what may have been provided in this regard in these Terms or the updates that may be issued at the time. COLE HAAN RD + SIGNAFIRE CAPITAL is exempt from any type of liability of any kind derived from the consequences that may arise from the definitive suspension in the provision of the Services.

FIFTEENTH.- INDEMNIFICATION. By accepting these Terms, the User declares and undertakes to indemnify and hold harmless COLE HAAN RD + SIGNAFIRE CAPITAL, its affiliates, subsidiaries, holding or controlled companies, shareholders, directors, attorneys, officers, advisors and employees from any damage or harm, as well as from any claim, demand, loss, liability and expense (including reasonable attorney's fees) caused by the User's breach of any provision contained in these Terms or any law or regulation applicable to them, as well as the breach or violation of the rights of third parties, including other Users.

Calle Juan Ballenilla #42 Zona Industrial de Herrera, Santo Domingo. Our phone number is: +1 809 - 689 - 8196

 

www.colehaan.do

info@colehaan.do