Terms and Conditions of Service (CSTCS)
Cucina Sedona welcomes you! We provide services to you subject to the following Cucina Sedona Terms and Conditions of Service (CSTCS), which may be updated by us from time to time without notice to you. By accessing and using our services, you accept and agree to be bound by these terms.
Shopping Cart
Shopping on our site is safe! Our site uses technology that ensures your personal and payment information is kept confidential and secure. When you provide us with any personal information including your name, address, e-mail and credit card number, it is processed over a secure connection on secure servers. We use Secure Socket Layers (SSL) to encrypt all information you provide before sending it to our servers. SSL is the industry standard and the best software available for secure ecommerce transactions. The VeriSign (PayPal) Secure Site Seal assures you that this web site has been authenticated by PayPal and that confidential transactions with our site are secured by SSL encryption.
Returns & Exchanges
You may return most new, undamaged items within 5 business days of delivery under certain conditions. If the return is a result of our error, items must be returned in their original shipping packaging, and we will pay for all return shipping costs. Any item that is not in its original condition may not be refunded. Any return that is not the result of our error will be subject to a return shipping fee which will be paid by the customer, and store credit only will be issued for the item value. All items must be accompanied by original sales receipt. Any item damaged in shipping will be refunded (if irreplaceable) or replaced at our cost.
Receiving a Refund
Refunds are issued within 3-5 business days after we receive and process your return. Refunds are issued to the original credit card used with order placement. Any item damaged in shipping will be refunded (if irreplaceable) or replaced at our cost. Please note that it takes us 3 to 5 business days to process returns once they arrive at our store. If you have not received the refund within 2 weeks of sending your order back, please contact our store.
Non-Returnable Items
• Jewelry
• Shawls
Exchanges
If you received a faulty item and need to exchange it for the same item, you may call us to request a replacement. If you would like to exchange an item for a different one, please return the original item (you will be refunded your original purchase price once we receive the item) and place another order for the item you wish to purchase.
Gift Returns
You may return items you received as a gift or using a gift certificate. However, refunds will be issued in the form of store credit only – no monetary form of refund will be given regardless of the type of payment used to purchase the gift or gift certificate.
Registration Information
In consideration of your use of CSTCS, you represent that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form and (b) maintain and promptly update the registration form to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services.
Registration Data and certain other information about you are subject to our applicable privacy policy. You understand that through your use of CSTCS you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us.
Member account, password and security
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account upon completing our registration process. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Member conduct
You understand that all content privately transmitted is the sole responsibility of the person from whom such content originated. This means that you, and not Cucina Sedona, are entirely responsible for all content that you email, transmit or otherwise make available via CSTCS.
You agree to not use our services to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt our services or servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to our services; intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You acknowledge, consent and agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce our CSTCS; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Cucina Sedona its users and the public.
You understand that our services and software embodied within our services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to our services. You may not attempt to override or circumvent any of the usage rules embedded in our services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on our services, in whole or in part, is strictly prohibited.
Interstate nature of communications on our network
When you register with us, you acknowledge that in using our services to send electronic communications you will be causing communications to be sent through our computer networks, portions of which are located in Arizona and other locations in the United States and portions of which are located abroad. Accordingly, you acknowledge that use of our service results in interstate data transmissions.
Proprietary Information
By submitting ideas, suggestions, and/or proposals to us through our suggestion or feedback web pages, you acknowledge and agree that: your contributions do not contain confidential or proprietary information; your contributions automatically become our property without any obligation to you; and you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
Indemnity
You agree to indemnify and hold us and our agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our services, your connection to our services, your violation of CSTCS, or your violation of any rights of another.
No commercial reuse of our services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, our services (including but not limited to content and images).
General practices regarding use and storage
You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by our services. You further acknowledge that we reserve the right to modify these general practices and limits from time to time. Your agreement to these services constitutes your consent to allow us to store your communications on our servers. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services (or any part thereof).
Termination
You may terminate your Cucina Sedona account, any associated email address and access to our services by submitting such termination request to us.
You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your account, any associated email address, and access to our services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of terms of service or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to our services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with our services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to our services.
Termination of your account includes any or all of the following: (a) removal of access to all or part of the offerings within our services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of our services.
Our proprietary rights
You acknowledge and agree that our services and any necessary software used in connection with our services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through our services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on our content, in whole or in part.
Disclaimer of warranties
You expressly understand and agree that: your use of our services and software are at your sole risk. Our services and software are provided on an "as is" and "as available" basis. We and our employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We and our employees, agents, partners and licensors make no warranty that our services or software will meet your requirements; (ii) our services or software will be uninterrupted, timely, secure or error-free; and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of our services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from us or through or from our services or software shall create any warranty not expressly stated in the CSTCS.
Limitation of liability
You expressly understand and agree that we and our employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use our service; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on our service; or (e) any other matter relating to our service.
You agree that, except as otherwise expressly provided in the CSTCS, there shall be no third-party beneficiaries to this agreement.
Your agreement to the CSTCS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.
Trademark information
You agree that all of the Cucina Sedona trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of Cucina Sedona. Without our prior permission, you agree not to display or use in any manner such features.
Legal Provisions
The CSTCS constitutes the entire agreement between you and Cucina Sedona and governs your use of our services. You and Cucina Sedona each agree that the CSTCS and the relationship between the parties shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the CSTCS, or the relationship between you and Cucina Sedona shall be brought exclusively in the courts located in the county of Coconino, Arizona or the U.S. District Court. You and Cucina Sedona agree to submit to the personal jurisdiction of the courts located within the county of Coconino, Arizona, or regional District Court, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
The failure of Cucina Sedona to exercise or enforce any right or provision of the CSTCS shall not constitute a waiver of such right or provision. If any provision of the CSTCS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the CSTCS remain in full force and effect.
You agree that your Cucina Sedona account is non-transferable and any rights to content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services or the CSTCS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the CSTCS are for convenience only and have no legal or contractual effect.
Violations
Please report any violations of the CSTCS to 1-888-444-8849