PLEASE READ THE GENERAL TERMS AND CONDITIONS (HEREINAFTER THE “TERMS AND CONDITIONS”) DESCRIBED BELOW. THESE WILL APPLY TO THE NAVIGATION OF THE INTERNET SITE WWW.FUCKYEAHUNDERWEAR.COM (HEREINAFTER, THE "WEBSITE" WHEN REFERRING TO THE INTERNET WEBSITE) AND THE SERVICES OFFERED ON THE WEB SITE WWW.FUCKYEAHUNDERWEAR.COM, PROPERTY OF FUCK YEAH.
1. ACCEPTANCE AND KNOWLEDGE OF THE TERMS AND CONDITIONS
These Terms and Conditions are mandatory and binding. They apply to all purchases and activities made through the Website. The use of the Website implies knowledge and acceptance of them. If you do not agree with the Terms and Conditions, you must refrain from using the Website and/or the services offered by it. "User" of the Website means both registered users and visitors. To allow Users a faster familiarization with these Terms and Conditions, they may consult the instructions to operate on the Website, accessing the "FAQ" section located at the bottom of the home page.
2. MODIFICATION OF THE TERMS AND CONDITIONS
These Terms and Conditions may be replaced or modified at any time at the sole discretion of FUCK YEAH, without the need for the consent of the Users. For transactions in progress that have begun prior to the implementation of said modifications, the conditions in force at the time of their conclusion will continue, unless the modifications introduced are more convenient for the User.
Users are responsible for reading these Terms and Conditions each time they enter the Website in order to verify their validity and/or if there have been any changes.
3. INTELLECTUAL PROPERTY
The Website is owned by FUCK YEAH and except for the content generated and incorporated by Users, it is protected by copyright laws, trademarks and other rights that protect intellectual property under the laws of Argentina. Copyright in the content (except User Generated Content) is owned by FUCK YEAH.
FUCK YEAH reserves all rights to the Website www.fuckyeahunderwear.com not expressly granted in these Terms and Conditions. Material on the FUCK YEAH Website may not be reproduced, distributed or transmitted in any way without FUCK YEAH's prior written permission.
Users of the FUCK YEAH Website may download one copy of any or all of the material on the FUCK YEAH Website for their personal, non-commercial use, provided that any copyright notice or legend is not removed or modified. industrial property or, in general, modify or alter said material in any way. Nothing in these Terms and Conditions shall be construed as granting, expressly or by implication, any right or license to such material.
All material on the FUCK YEAH Website is provided for lawful purposes only. The images of human persons or places that are published on the FUCK YEAH Website are the property of FUCK YEAH or are used by means of authorization granted by their owners in favor of FUCK YEAH. The dissemination and improper use of such images are prohibited except for the use expressly authorized in these Terms and Conditions.
The logo that appears on the Website is a registered trademark of FUCK YEAH.
4. INTERRUPTION OF SERVICE. EXCLUSION OF LIABILITY
FUCK YEAH reserves the right to interrupt, suspend or modify at any time the services offered on this Website, either permanently or temporarily. The consent of the Users will not be required, nor will any prior notice be necessary. Likewise, FUCK YEAH does not guarantee permanent access or use of the Website, since it could be interrupted due to technical issues unrelated to FUCK YEAH. Notwithstanding the foregoing, if the aforementioned suspension or interruption is not due to reasons of force majeure or fortuitous event, FUCK YEAH undertakes to comply with the benefits that were pending at the time of the suspension or interruption. FUCK YEAH does not guarantee that the Website is free of viruses, worms or any other element that could damage or alter the normal functioning of a computer. It is the exclusive responsibility and obligation of the User to have the appropriate tools to detect, disinfect and/or prevent any type of element and/or possible damage of this nature. FUCK YEAH is not responsible for any damage that may occur to the computer equipment of Users or third parties as a result of browsing this Website.
5. REGISTRATION
Users can freely browse the Website, and they do not necessarily need to be registered to be able to make a purchase or use the services offered on it. In case the User chooses to register, this registration has no cost.
To register, it is mandatory to complete the form in all fields with valid and true data, accurately and precisely. For the correct functioning of the system, it is necessary for Users to keep their data updated. FUCK YEAH may proceed to verify the identity of the User and/or the veracity of the data consigned by him.
FUCK YEAH is not responsible for the veracity or certainty of the data provided by the Users. Likewise, FUCK YEAH reserves the right to temporarily or permanently suspend Users in the event of non-compliance by them with the Terms and Conditions, as well as to reject registration requests at any time, at its sole discretion and without the need for cause expression.
Users will access their personal account (the "Account") through a "User name" and a "personal password" that they must choose. In the event that these data are forgotten by the User, the Website has a help service to recover them. For this, the User must click on the corresponding option and enter the e-mail that was provided at the time of registration. At the end, the system will confidentially send your "User name" and "personal password" to that account.
Just as FUCK YEAH undertakes to maintain the confidentiality of the data provided by Users for registration, Users undertake to maintain the confidentiality of their "User name" and "personal password". In accordance with what is stated in the previous paragraph, Users are responsible for the use made of their "User name" and "personal password", and must bear in mind that if other people have or may have future access to the email account consigned as their own in the "Registration Form", they could also request and/or get to know their "User name" and "personal password". It is the exclusive obligation of the User to take the pertinent measures so that this does not happen. The User agrees to immediately and reliably notify FUCK YEAH of any unauthorized use of his "User name" and/or "personal password", and to hold him harmless in the event that this causes any damage to FUCK YEAH or third parties.
The data entered can be modified by the User whenever he wishes.
6. TERRITORIAL SCOPE OF THE CONTENT
The content of the FUCK YEAH Website includes the description of products and services available for sale and delivery nationally and internationally. The FUCK YEAH Website is operated in Argentina and FUCK YEAH makes no representation that the content provided is applicable or appropriate for use in other locations.
7. CAPACITY
To use the services of the Website it is required to have the legal capacity to contract. Those who lack it, those who have been suspended or disabled, or minors will not be able to access the services. Parents, guardians or persons responsible for minors or disabled persons who use the Website will be responsible for such use, including any charge, billing or damage arising from it.
8. AVAILABILITY AND PRICE OF THE PRODUCTS OFFERED
The availability of the products offered on the Website is subject to their existence in stock and their prices may be modified without prior notice.
9. VALIDITY OF THE PROMOTIONS
In the event that Product Offers and Promotions are made, they will be valid for purchases made from the date they begin until the end of the offer. The terms and conditions of the same will be communicated on the Website, and will always be subject to the existence in stock of the products offered.
10. WARRANTY
The guarantee of the products covers any type of manufacturing fault for which, depending on the state of the product, the User may wait for its repair, exchange the product for an equal one (if it was received faulty) or exchange it for another of the same value.
11. RETURN AND EXCHANGE OF PRODUCT
If you are not satisfied with the product, you can exchange it. The buyer must send an email to [email protected] to receive the corresponding instructions. The value of the shipment, taxes and/or customs duties are borne by the buyer.
Changes may be made within 30 calendar days from the delivery of the product. Only changes of products that are in the same state in which they were received, without having been used and with their corresponding packaging, will be accepted.
Regarding returns, the buyer must send an email to [email protected] to receive the corresponding instructions. Once the product is received, the value of the product will be returned, net of taxes and/or customs duties.
Returns may be made within 10 calendar days from the delivery of the product. Returns will only be accepted for products that are in the same state in which they were received, without having been used and with their corresponding packaging.
12. CURRENCY OF PAYMENT
Users may purchase FUCK YEAH products in Argentine pesos, legal currency of the Argentine Republic or in dollars through PayPal.
Once the Purchase Order is completed, and before making the payment, a Final Summary will be provided identifying the item(s) purchased and its total price in Argentine Pesos (including transportation and taxes).-
13. MEANS OF PAYMENT
Payments may be made by credit or debit card and/or by PayPal in authorized establishments. FUCK YEAH will be able to enable other options, to facilitate the purchases of its clients.
Products can also be paid for by credit card in installments, as indicated on the Website.
All means of payment are subject to the amount being duly credited and verified by FUCK YEAH.
14. PAYMENT BY CREDIT CARD
Payments may be made On-Line using the following cards: Visa, MasterCard, American Express, Cabal and/or other bank and/or financial cards. All the information entered by the User is protected by Mercado Pago.
The confirmation of the purchase by credit card will be subject to authorization by the issuing bank or financial institution.
In credit card payments, payment will be made in real time through the corresponding financial institution, once the authenticity of the data communicated has been verified. FUCK YEAH uses secure payment systems from leading financial institutions in electronic commerce, with the aim of offering maximum security. In this sense, the confidential data of the payment is transmitted directly to the corresponding financial entity.
The security system used by FUCK YEAH safeguards all the data that Users send over the Internet, including all information provided when formulating a Purchase Order (including their name, address and credit card number).
FUCK YEAH reserves the right to check the personal data provided by the customer and adopt the provisions it deems appropriate (including the cancellation of the order), with the aim of collaborating in the prevention of fraud through the Internet, and so that the merchandise acquired is delivered in accordance with the data contained in the order.
15. SHIPPING OF PRODUCTS AND DELIVERY TIMES
Deliveries will be made to the address indicated by the User. The veracity and/or validity of the same is the exclusive responsibility of the User.
The delivery time depends on the availability of the Product, the location and distance from the delivery address, the delivery times and the approval of the means of payment. The delivery times indicated in each case are estimates. Shipments are made worldwide.
When making a purchase, the User receives in his email box a confirmation that the Order Order has been accepted, together with an Order Number. In order to ensure maximum efficiency in deliveries, they are made through DHL.
FUCK YEAH reserves the right to unilaterally modify the currier, company or means of transport, at its sole discretion and without prior notice.
The approval time varies according to the payment method. In the case of credit cards, the User must verify that the data provided to obtain the authorization is correct.
Shipping time and costs vary depending on the national destination where delivery is requested. To calculate the shipping cost and the time that delivery will take, the User can "click" on the "Shipping" option. The delivery time and shipping cost of the entire Purchase Order will be informed to the User before accepting the purchase.
16. SHIPPING COSTS
The User will be informed of the delivery costs before making the purchase. These costs are calculated based on the total weight and/or the total volume of the shipment, and also depend on the area of the delivery address.
Shipping costs will be discriminated as a separate item within the invoice. FUCK YEAH is always working to improve the quality and cost of delivery for its customers. For this reason, these costs and shipping policies are subject to change without notice.
In order to avoid delivery incidents (such as wrong addresses, inability to find someone at home, etc.), it is essential to correctly complete the purchase form, and it is advisable to provide a contact telephone number in the corresponding box.
17. DELIVERY TIMES
Users will not be able to choose the time in which the purchased Product(s) will be delivered. Users may make suggestions in the comments field at the time of purchase, which will be subject to the circuit of the company that is responsible for shipping the products.
In the case of withdrawal by Pickup Point, the purchased product or products will be delivered to the User at the previously agreed time.
18. DELIVERY ADDRESS
The address where the Product will be delivered will be the one indicated by the User in the “Address” field, which may not coincide with their real address. It is the responsibility of the User to carefully complete and review the information related to the delivery, so that the shipment of the purchase is made effectively.
19. INQUIRY ABOUT THE SHIPMENT STATUS
The status ("tracking") of the order will be informed by mail within 48 business hours of having credited the payment. For this reason, it is recommended that the email entered at the time of making the purchase be valid since the emails are automatically sent to the box entered.
In any case, the client can communicate by mail to [email protected] to be advised about the tracking number and status of their order.
20. BILLING
Along with the Product, the corresponding invoice will be sent, indicating the Products purchased, the form of payment, and the currency used for the transaction. The type of invoice issued will be in line with the corresponding fiscal condition.
21. PROHIBITIONS
Users are strictly prohibited from: a) sending files or any type of information whose content is illegal, obscene, abusive, defamatory, libelous or contrary to good customs (this list is merely illustrative); b) send files that contain viruses or any other characteristic capable of damaging the operation of a computer, the Website or the System; c) use the Website to violate any type of current regulation; d) enter false data when registering or making a purchase, or any other time when any type of information or personal data is required; e) offer products or services; f) use programs, software or automatic or manual devices to monitor or copy the information or any type of content on the Website without the prior consent of FUCK YEAH.
22. COMPANY NAME AND ADDRESS
FUCK YEAH, company name Camus Adrián Omar C.U.I.T. 20-26990509-4. Address: Antonio Mariscal José de Sucre 1530, floor 216th, Autonomous City of Buenos Aires, Argentine Republic.
23. NOTIFICATIONS
All notifications and/or communications that must be made for the use of the Website under these Terms and Conditions, must be made in writing: (i) to the User: by email, to the email account consigned by him, or by irrefutable notification addressed to the address stated on the registration form; (ii) to FUCK YEAH at the Website: www.fuckyeahunderwear.com, by email to [email protected], or by reliable notification addressed to the address indicated in point 25.
24. ADVERTISING NOTICES AND LINKS
When the User "clicks" on advertisements or third-party links and enters other sites that do not belong to FUCK YEAH, he will be subject to the terms and conditions of said sites. The User must carefully read their access and use policies.
FUCK YEAH does not guarantee the legality, timeliness, quality or usefulness of the content, operations and information that are communicated, reproduced and/or carried out on linked third-party sites or the absence of harmfulness of such content or services, for which the User exempts of all responsibility to FUCK YEAH for the contents included in the aforementioned sites or the services that are provided or promoted in them.
25. OBSERVANCE OF THE TERMS AND CONDITIONS
These Terms and Conditions are governed by and construed in accordance with the laws of Argentina, without reference to its provisions regarding conflicts of law. Any and all disputes about the validity or interpretation of these Terms and Conditions or their compliance, will be resolved exclusively by the national commercial courts located in the Autonomous City of Buenos Aires, which will be the sole venue for any dispute. If any part of these Terms and Conditions becomes illegal, invalid or unenforceable, that part will be severed and will not affect the validity and enforceability of the remaining provisions. FUCK YEAH may modify these Terms and Conditions at any time by updating this posting.