TERMS OF USE
LEGAL CONDITIONS This Website is operated on behalf of Anapa Perles. Anapa Perles has offices at PK 14 Tevaitoa Raiatea French Polynesia 98735. Mailing Adress: BP 790 Uturoa Raiatea 98735 French Polynesia. Whenever we refer to the company "Anapa Pearls" in this Website, we are referring to Anapa Perles (French Polynesia.) These terms of use constitute the agreement (the "Agreement") that will govern your use of this Anapa Perles Website (this "Website"). This Website is available for your use only on the condition that you agree to these Terms of Use, all with the intention of making them legally binding upon you. YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS WEBSITE. By using this Website, you agree to comply with and to be bound by the terms of this Agreement, including the privacy policy and, when you make an online purchase, the purchase information. Anapa Perles reserves the right to, from time to time, change these terms at its sole discretion. By using this Website after any such change, you agree to comply with, and be bound by, the terms as changed. Anapa Perles grants you a limited personal, nontransferable, non-sublicensable, revocable, worldwide license to access and make personal, non-commercial use of this Website. You may view, copy, print, and distribute limited quantities of material from this Website, as long as the material is used by you for information only and the material is used only for non-commercial purposes. Anapa Perles reserves any rights not expressly granted by this Agreement. This Website is provided by Anapa Perles and is available only to people and entities able to form legally binding agreements. If you do not qualify (for instance, because you are a minor), do not use this Website. SALES - Accuracy: Anapa Perles strives to ensure that the colors, design, and style of the products that appear on this site reflect those of the actual product. However, variations caused by technical, typographical, digital, or photographic reasons may occur. Anapa Perles shall bear no responsibility for errors of any kind. Errors and the consequences of those errors may include, without limitation, any of the following: Product and service descriptions on this Website may vary from time to time, and typographical errors may occur, with the result that product and service descriptions may not be complete, current, or accurate. Any such typographical errors resulting in incorrect product or service information, including incorrect pricing information, may result in the failure to honor an order or request placed by you based on such incorrect information. Because actual colors and the representation you see on this Website will depend on your computer monitor and on other technical factors, Anapa Perles will not guarantee that the display of any products will be accurate at any time. - Pricing Policy and Online Payment Methods: Anapa Perles reserves the right to change the prices of products and services featured on this Website at any time, without notice. If you place an order online, you will be charged the price indicated on the Online Store of this Website at the time of your online order. Payment for online orders is processed at the time of ordering. Anapa Perles accepts VISA, MASTERCARD and AMERICAN EXPRESS cards. No checks, cash or money-order payments will be accepted for online purchases. An order placed will only be processed and shipped after all the information supplied is deemed verified and approval from the credit-card company has been received. - Availability: Products and services described on this Website are available while supplies last. Anapa Perles reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. In the rare case in which an item may become unavailable after you have received confirmation of an order for it, Anapa Perles will contact you, offering you the opportunity to order another item or to cancel your existing order. - Order Confirmation: Upon selecting the option to confirm your order, it will be sent to Anapa Perles for processing. It may no longer be changed or cancelled by you. Your order will be confirmed by an e-mail from Anapa Perles within 48 hours following placement. INTELLECTUAL PROPERTY RIGHTS All materials on this Website, and the Website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by Anapa Perles or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, and other materials contained in this Website, as well as the software used in the design and development of the Website. All rights are reserved, worldwide. The name and mark ANAPA PERLES and ANAPA PEARLS, the Anapa Perles and Anapa Pearls logos and all other Anapa Perles and Anapa Pearls-related marks depicted in this Website, whether registered or unregistered, are trademarks or service marks of Anapa Perles and Anapa Perles in the United States and other countries. PRIVACY POLICY Please read carefully the following Privacy Policy of Anapa Perles regarding its practices pertaining to data collection and use of your personal information obtained through this Website. Anapa Perles recognizes the importance of protecting the privacy of personal and financial information. We have instituted policies and security measures to protect your information. When you register online with Anapa Perles or use our online store, you give us your consent to process and use your personal data in accordance with this online privacy policy. This Privacy Policy applies to all users of this Website. - Use of Information You Provide If you give us your personal information, we will use this information to register you with our Website, to administer our Website services, and/or to process any orders you may place online. We will send you announcements or communications by email only if you give us your permission by submitting your personal details. Otherwise, we use your information only to review our performance and to improve our services to you, or to communicate with you about your order if you have placed an online order. - Sharing of Your Information: Anapa Perles does not sell, rent or disclose our customers' names, addresses, email addresses or other personal information to any non-Anapa Perles entity. Anapa Perles may share customer information within the Anapa Perles organization, so that you may be informed of other products that may be of interest to you. Further, in order to maintain our Website and provide for customer communications, Anapa Perles contracts with selected third parties, solely for the purpose of assisting Anapa Perles in these endeavors and subject to contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless required by law or in connection with a legal claim or proceeding. - Security: Anapa Perles uses appropriate security measure to protect the information you give us. However, while we take all reasonable steps to protect your personal information, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security unless this is due to our willful failure or gross negligence. - About Cookies: Cookies are pieces of information a web Website can send to your computer's browser for record-keeping purposes. We use cookies to ascertain which web pages are visited and how often, to make our Website more user friendly, and to give you a better experience when you return to the Website. For example, cookies allow us to save your password so you do not have to re-enter it every time you visit our Website. Most web browsers automatically accept cookies, but you do not have to accept them. To disable cookies, you should access the "help" tab on your browser or read the information that came with your browser software. However, your visit to our Website will be significantly enhanced if cookies are not disabled. - Acceptance of Privacy Policy and Modifications: By accessing and using the Anapa Perles Website, you consent to our collection, use and disclosure of your information as described in this privacy policy. Anapa Perles reserves the right occasionally to make changes to its privacy policy or practices. You should therefore review this page from time to time. - Disclosure of Content Monitoring: Although Anapa Perles has no obligation to monitor any information provided to this Website by its users, including information that you provide, Anapa Perles reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property, or personal safety of Anapa Perles, its users, or the public. MISCELLANEOUS - Restrictions on Use: This Website is protected by United States and international law, including copyright and trademark laws. This Agreement does not grant any license to modify, alter, or frame the materials on this Website that are viewed, downloaded, or otherwise accessed by you. Your license does not include: any right of resale or of commercial use of this Website or its contents; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with this Website. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any applicable end-user license agreements. You may not input or upload onto this Website any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any system, this Website or its contents, or that infringes upon any intellectual-property rights of Anapa Perles or any third party. Inappropriate and unauthorized inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via this Website or any Website linked to it. - No Website Warranty: This Website and the contents of this Website are provided on an "as is" and "as available" basis. Anapa Perles makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms, or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this Website or its contents and expressly disclaims any representations and warranties. Anapa Perles does not represent or warrant that the information contained in this Website is accurate, complete or up-to-date, that this Website is free of defects or that any defects will be remedied. You agree, by using this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Website, and that Anapa Perles shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this Website. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you - Limitation of Liability: IN NO EVENT SHALL ANAPA PERLES, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. Anapa Perles shall have no liability for the deletion of any communications or information collected, maintained, or transmitted by this Website or the failure to store any information, including personalized settings. Anapa Perles shall have no liability with respect to any information posted by users on chat rooms, bulletin boards, or other user forums. - Submissions: Any comments, suggestions, testimonials, endorsements, ideas, or similar material disclosed, submitted or posted by you on this Website or in connection with it will be considered non-confidential, non-proprietary and not personal either to you or to anyone else. By disclosing, posting, or submitting any such material, you grant to Anapa Perles and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework, distribute, and display that material without compensation or acknowledgment of source. - Modifications: At any time, and without notice, Anapa Perles may modify, update, or otherwise change any term of this Agreement or this Website. You agree that you are deemed to be apprised of, and that you are bound by, any such changes immediately upon its posting. We encourage you to visit this Website from time to time to review the current version of the Agreement. - Termination: Anapa Perles may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, Anapa Perles may also discontinue providing this Website or any part of it, with or without notice. Anapa Perles shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website. - Links to Other Websites: Although this Website may contain links to other Websites, Anapa Perles has no control over those linked Websites. You acknowledge and agree that Anapa Perles is not responsible for the availability of those linked Websites or their content. Anapa Perles provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to Anapa Perles, in control of it, or under common control with it. ANAPA PERLES DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE. - Caching, Linking, and Framing by You: Anapa Perles prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. Anapa Perles reserves the right to disable any unauthorized links or frames. - Jurisdiction, Choice of Law, and Arbitration: All claims regarding this Website shall be governed according to the laws of French Polynesia, without regard to its conflicts of law principles. Anapa Perles makes no representations or warranties that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Any controversy or claim arising out of or relating to this Agreement, the Terms of Use or the Website shall be settled by arbitration in accordance with French law and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in French Polynesia or another location mutually acceptable to the parties, in the English/ French language, and shall be conducted before three arbitrators selected in accordance with such rules. The arbitrators are empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators deem appropriate. The arbitrators shall have the right to grant a permanent injunction in addition to any damages or other relief. - Notices: All notices and other communications to Anapa Perles shall be in writing, must be given by certified mail, return receipt requested and must be addressed to Anapa Perles at the address set forth for it in this Website at the time of delivery. - Effect of Waiver or Consent: A waiver or consent, express or implied, to or of any breach by you, or any delay in enforcement of any provision of this Agreement on the part of Anapa Perles, will not constitute a consent to, or waiver of, any other breach or default by you of the same or any other obligations of you. Failure on the part of Anapa Perles to complain of any act of yours or to declare you in breach or default, irrespective of how long that failure continues, does not constitute a waiver by Anapa Perles of its rights with respect to that default until the applicable statute-of-limitations period has expired. Terms of Use of this Website were last updated 2020. Please check back periodically for updates and changes.