Last updated: [PENDIENTE: fecha de publicación de este texto]
These terms govern your use of and purchases from Neky Market (www.nekymarket.com). By creating an account or placing an order you agree to them. Read them calmly: they include how an order is picked up, when it can be canceled, and which law applies.
1. Who sells
If the Seller is [PENDIENTE: razón social completa de la empresa], [PENDIENTE: tipo de entidad y estado de constitución, p. ej. «sociedad de responsabilidad limitada constituida en Florida»]with registered offices in [PENDIENTE: dirección postal completa]You can mail us to [PENDIENTE: correo para asuntos legales y de privacidad].
2. Who can buy
To buy you need to be over 18 and have the legal capacity to contract. If you buy for someone else -the usual here-, you agree that the information you give us about them is correct and that you have their permission to give it to us.
3. How to place an order
You can fill the cart without an account; to pay we will ask you to enter or create one. By confirming the order you are making us an offer to purchase. The contract is closed when we verify your payment and confirm it by mail. We may reject or cancel an order – returning everything paid to you – if a product has sold out, if there was an obvious error in price or description, or if the order does not pass the fulfillment checks described in section 10.
4. Prices, taxes and currency
Prices are in US Dollars (USD). [PENDIENTE: indicar si los precios incluyen o no los impuestos sobre las ventas y en qué estados se cobran] The cost of taking the order to the collection warehouse is calculated by weight and you see it before paying. When we show a discounted price, the reference price is one at which the product has actually been sold for a reasonable period (16 CFR Part 233).
5. Wholesale prices and wholesale sales
Some products show wholesale prices by quantity tranches. Those prices are guidelines and do not constitute an offer to sell: wholesale purchases are not made through the website or your cart, but by writing to us through the channels indicated in Wholesale. Each wholesale sale is separately agreed in writing – products, quantities, final price, payment, pickup, and terms – and is governed by that agreement. These terms apply to purchases made on the web and, where the agreement does not regulate, also to wholesalers. The compliance checks in section 10 apply equally to wholesales.
6. PAYMENT
It is paid by Zelle or bank transfer, with the instructions you will see when confirming the order, and the voucher is uploaded from the order page. We review each voucher by hand before preparing the order. Note that a Zelle payment works like a cash payment: Zelle doesn’t offer purchase protection, so check that the destination account holder is [PENDIENTE: nombre del titular de la cuenta de cobro]. We will never ask for passwords or codes from your bank. If an order is not paid in [PENDIENTE: número de días] days, it’s canceled.
See Payment Methods for more details.
7. Warehouse pickup
We do not deliver to your door. When paying, you choose in which of our warehouses the order is picked up, and there the indicated person picks it up, presenting the identity document that was registered when buying. The address and time of the warehouse arrive with the order confirmation, and we’ll let you and the picker know when it’s ready. Full terms, including the pickup window and what happens if no one picks it up, are in Shipping & Pickup.
8. Deadlines and delays
Each order indicates an estimated time until it is ready to pick up. If we can’t fulfill your order-or if we don’t, within 30 days-we ‘ll let you know before the new date expires, and you can choose to wait or cancel your order with a full refund within 7 business days (FTC Rule on Mail Order and Internet Sales, 16 CFR Part 435).
9. Returns and Warranties
The conditions for returning a product and how it is refunded are in Returns and Refunds. The guarantees of the products, in Guarantees. Nothing in these terms limits your rights under federal or state law.
10. Sanctions Compliance and Export
Shipments are subject to U.S. export control and sanctions laws. By purchasing you represent that neither you nor the person picking up are on any sanctioned or restricted list of persons and that the products are for personal or household use. We may ask you for additional information and cancel an order that doesn’t meet those standards. Detail in Regulatory Compliance.
11. Your account
You are responsible for keeping your password secret and what is done with your account. Let us know right away if you think someone has used it without your permission. We may suspend an account that is used fraudulently or contrary to these terms.
Fair use
You may not use the site for illegal purposes, to place false orders or with someone else’s data without their permission, to try to access third-party accounts or systems, or to copy the catalog automatically.
Our Customers Reviews
The ratings you post should reflect your actual experience. We do not post false or purchased reviews, do not offer anything in exchange for a favorable review, and do not hide refusals-we only remove reviews that have illegal, offensive, or non-product content (16 CFR Part 465 and Consumer Review Fairness Act, 15 U.S.C. § 45b).
14. INTELLECTUAL PROPERTY
The texts, design, own photos and trademarks of the site are [PENDIENTE: razón social completa de la empresa] or their owners, and may not be reproduced without permission. Manufacturers’ trademarks belong to their owners.
Electronic communications
You agree to receive by email and in your account the confirmations, notices and documents of your orders, with the same validity as if they were on paper (E-SIGN Act, 15 U.S.C. § 7001 et seq.). You can ask us for a paper copy by writing to [PENDIENTE: correo para asuntos legales y de privacidad].
16. LIABILITY
To the extent permitted by law, we are not liable for indirect or consequential damages, and our liability for an order does not exceed the amount paid for it. This does not exclude or limit any liability that cannot be excluded by law, or implied warranties that cannot be disclaimed when a product carries a written warranty (Magnuson-Moss Warranty Act, 15 U.S.C. § 2308).
GOVERNING LAW AND DISPUTES
These terms are governed by the federal laws of the United States and those of the state of [PENDIENTE: estado de EE. UU. cuya ley rige (normalmente, el de constitución de la empresa)]. Before claiming, write to us: almost everything is resolved like this. If not, the dispute will be resolved in the courts of [PENDIENTE: condado y estado competentes], without prejudice to the fact that you can go to the small claims courts of your domicile.
PENDING: Decide with an attorney if an arbitration and class action waiver clause is included; if it is included, it should be drafted by him and highlighted here.
18. Changes to These Terms
We may update these terms; the date above indicates the latest version. Each order is governed by the terms in effect when you placed it.
OTHER PROVISIONS
If any clause is declared null and void, the remainder remains in force. That we do not exercise a right at a given time does not mean waiving it. These terms, along with the linked policies, are the entire agreement between you and us about their subject matter.
20. Language and contact
These terms are offered in Spanish. [PENDIENTE: si se publica una versión en inglés, indicar cuál prevalece en caso de discrepancia] For any questions: [PENDIENTE: correo para asuntos legales y de privacidad].