Terms and Conditions

Please read these terms carefully before using Catalogea’s Services. By using our Services, you agree to be bound by these terms. We offer a wide range of services and additional terms may apply. When you use a Service (Your Profile, Managing Your Ads or Vendor Applications), you are also subject to the terms, guidelines and conditions applicable to that Service (“Terms of Use”). If these Terms of Sale conflict with these Terms of Use, the Terms of Use shall control.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and the Terms of Service and payment of any applicable fees, Catalogea or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-sublicensable license to access and make personal, non-commercial use of the Catalogea Services. This license does not include any resale or commercial use of any of the Catalogea Services or its contents; any collection or use of product listings, descriptions or prices; any derivative use of the Catalogea Services or its contents; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or the Terms of Service are reserved and retained by Catalogea or its licensors, suppliers, publishers and rights holders, or other content providers. You may not reproduce, duplicate, copy, sell, resell, resell or otherwise exploit the Catalogea Services, or any portion thereof, for any commercial purpose without the express written consent of Catalogea. You may not frame or utilize framing techniques on Catalogea’s trademarks, logos or other proprietary information (such as images, text, page layout or forms) without Catalogea’s express written consent. You may not use any meta tags or “hidden text” containing Catalogea’s name or trademarks without Catalogea’s express written consent. You may not misuse the Catalogea Services. You may use the Catalogea Services only to the extent permitted by law. Any license granted by Catalogea will terminate if you fail to comply with these Terms of Use or any of the Terms of Service.

ADDITIONAL CATALOGEA SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including software updates) and any related documentation we make available to you in connection with the Catalogea Services (the “Catalogea Software”).

Use of Catalogea Software. You may use the Catalogea Software only to use the Catalogea Services as provided by Catalogea, and as permitted by these Terms of Use and the Terms of Service. You may not incorporate any part of the Catalogea Software into other programs, or compile any part in combination with other programs, or copy (except to exercise the rights granted in this section), modify, create derivative works of, distribute, assign rights to or license the Catalogea Software in whole or in part. All software used in any Catalogea Service is the property of Catalogea or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services. When you use the Catalogea Software, you may also be using the services of one or more third parties, such as a wireless carrier or a wireless software provider. Your use of these third party services may be subject to the policies, terms of use and fees of these third parties.
Unauthorized Reverse Engineering. You may not reverse engineer, disassemble or decompile, tamper with or circumvent the security mechanisms associated with the Catalogea Software, in whole or in part.
Upgrades. We may provide automatic or manual updates to the Catalogea Software at any time without notice.
Conflicts. In the event of any conflict between these Terms of Use and other Catalogea or third party terms applicable to any portion of the Catalogea Software, such as open source license terms, such other terms shall govern over that portion of the Catalogea Software for the duration of the conflict.

YOUR ACCOUNT

You may need your own Catalogea account to use certain Catalogea Services, and you may need to log in to the account and have a valid payment method associated with it. If there is a problem with the payment method you selected, we may apply the charge to any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Catalogea markets products to minors, but sells them to adults, who may purchase them with a credit card or other authorized payment method. If you are under 18, you may use the Catalogea Services only with the supervision of a parent or guardian. Catalogea reserves the right to refuse service, terminate accounts, terminate your rights to use the Catalogea Services, remove or edit content, or cancel orders in its sole discretion.

APPLICATION PERMISSIONS

When you use applications created by Catalogea, you may grant us certain permissions for your device. Most mobile devices provide you with information related to those permissions.

NOTICE AND PROCEDURE FOR MAKING CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form can be used to file all types of intellectual property claims, including but not limited to copyright, trademark and patent claims.

We respond promptly to rights holders’ concerns about any alleged infringement, and we terminate access to repeat infringers in appropriate circumstances.

Written claims of copyright infringement should include the following information:

A physical or electronic signature of the person authorized to act on behalf of the copyright holder;
A description of the copyrighted work that you claim was infringed;
A description of the location on the site of the material that you claim is infringing;
Your address, telephone number and e-mail address;
A statement in good faith that the use has not been authorized by the copyright holder, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on its behalf.

YOUR OTHER BUSINESSES

Parties other than Catalogea operate stores, provide services or software, or sell product lines through the Catalogea Services. In addition, we provide links to the web sites of affiliated companies and other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from third parties, not from Catalogea. We are not responsible for examining, evaluating or warranting the products offered by any of these businesses or individuals (including the content of their web sites). Catalogea assumes no responsibility or liability for the actions, products and content of any of them or any other third parties. Please read their privacy statements and other terms of use carefully.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE CATALOGEA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CATALOGEA SERVICES ARE PROVIDED BY CATALOGEA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CATALOGEA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE CATALOGEA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CATALOGEA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CATALOGEA SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, CATALOGEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CATALOGEA DOES NOT WARRANT THAT THE CATALOGEA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE CATALOGEA SERVICES, CATALOGEA’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM CATALOGEA, ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, CATALOGEA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF ANY CATALOGEA SERVICE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CATALOGEA SERVICE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

You may post comments, feedback, photos, videos and other content; send ecards and other communications; and submit suggestions, ideas, comments, questions or other information, provided that the content is not illegal, obscene, threatening, defamatory, or invasive of privacy or infringing of intellectual property rights (including rights of publicity) or otherwise offensive to third parties or objectionable, and does not employ or contain software viruses, political propaganda, commercial solicitation, chain letters, mass mailings or any form of spam or unsolicited commercial e-mail. You may not use false e-mail addresses, impersonate any person or entity or otherwise mislead as to the origin of a card or any content. Catalogea does not review posted content on a regular basis, but reserves the right (not the obligation) to remove or edit such content.

If you post content or submit material, and unless we indicate otherwise, you grant Catalogea a nonexclusive, royalty-free, perpetual, irrevocable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Catalogea and its sublicensees the right to use the name that you submit in connection with this content, if they choose. You represent and warrant that the rights to the content you post belong to you or are owned by you; that the content is accurate; that use of the content will not constitute a breach of this policy and will not cause injury to any person or entity; and that you will indemnify Catalogea for any claims resulting from the content you provide. Catalogea has the right, but not the obligation, to monitor and edit or remove any activity or content. Catalogea assumes no responsibility or liability with respect to content posted by you or any third party.

HOW TO ORDER?

If you wish to purchase one or more products listed on the website, you must select each product you wish to purchase and add it to your basket. When you have selected all the products you wish to purchase, you can confirm the contents of your basket and place your order. At this point, you will be redirected to a page summarizing the details of the products you have selected, their prices and shipping options (with the corresponding shipping costs). You will then have to choose the delivery options, as well as the shipping and payment methods that suit you best. At the bottom of this page is the checkout button. You must click on this button to confirm and place your order. After placing your order, we will send you a confirmation message. We will inform you of the shipment of your items. However, you have the possibility to modify your order up to the date of shipment of your items. You agree to receive invoices for your purchases electronically. Electronic invoices will be available to you in the Your Account area on our website. For each delivery, we will inform you in the shipping confirmation message if an e-invoice is available. For more information about e-invoices and how to receive a paper copy, please visit our Help pages. E-invoices will be available to you in the Your Account area of our website. For each delivery, we will inform you in the shipment confirmation message if an e-invoice is available. For more information about e-invoices and how to receive a paper copy, please visit our Help pages. E-invoices will be available to you in the Your Account area of our website. For each delivery, we will inform you in the shipment confirmation message if an e-invoice is available. For more information about e-invoices and how to receive a paper copy, please visit our Help pages.

DISCLAIMER

If you violate these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in all other situations where you violate these Terms of Use.

PRODUCTS TO CHILDREN

We do not sell products to minors. We sell products for children for adults to purchase. If you are under 18, you may only use a Catalogea Service under the supervision of a parent or guardian. Offers of products containing alcohol are intended for adults. You must be at least 22 years old to purchase alcohol or use any alcohol-related functionality on the Site.

THIRD PARTY COMMUNICATIONS

When you use any Catalogea Service or send e-mails, text messages and other communications to us from your mobile or desktop device, you are communicating electronically with us. You consent to receive electronic communications from us via email, text messages, automated mobile device alerts, notices and messages from this site or through other Catalogea Services, such as our Message Center, copies of which you may keep for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy the same legal requirements as if they were in writing.

COPYRIGHT

All content included on or available through any Catalogea Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Catalogea or its content suppliers and protected by United States and international copyright laws. All content included in or available through any Catalogea Service is the exclusive property of Catalogea and protected by U.S. and international copyright laws.

COMMERCIAL BRANDS

In addition, the graphics, logos, page headers, button icons, scripts and service names included in or available through any Catalogea Service are trademarks or trade dress of Catalogea in the United States and other countries. Catalogea’s trademarks and trade dress may not be used in connection with any product or service that is not Catalogea’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Catalogea. All other trademarks not owned by Catalogea that appear on any Catalogea Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Catalogea.

CLAIMS ON INTELLECTUAL PROPERTY

Catalogea respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us through any of the available means, such as e-mails, contact forms, etc….

RISK OF LOSS

All purchases of physical products from Catalogea are made pursuant to a shipment contract. This means that the risk of loss and title for those products become yours upon delivery to the carrier.

RETURNS, REFUNDS AND OWNERSHIP

Catalogea is not responsible for any returns, refunds, exchanges or the like. All vendors/stores have different policies in this regard and are governed by the same.

PRODUCT DESCRIPTIONS

Catalogea attempts to be as accurate as possible. However, Catalogea does not warrant that product descriptions or the content of any other Catalogea Service are accurate, complete, reliable, current or error-free. If a product offered by Catalogea does not meet the description, your sole remedy is to return the product unused.

PRICES AND AVAILABILITY.

All prices include Beninese taxes (Beninese VAT and other applicable taxes) unless otherwise stated. We show the availability of the products we sell on the website on each product sheet. We are unable to provide details of product availability other than those shown on that page or elsewhere on the Website. When processing your order, we will notify you as soon as possible by email using the email address associated with your account if any of the products you have ordered are not available, and we will not charge you for these products. Despite our best efforts, a small number of products in our catalog may show a pricing error. We will verify the price when processing your order and prior to any payment. If it appears that we have made an error in displaying the price and that the actual price is higher than the price shown on the website, we may contact you to ask if you would like to purchase the product at its actual price or if you would prefer to cancel your order. If the actual price is lower than the price displayed, we will charge you the lower amount and ship the product to you.

DISPUTES

Any dispute or claim relating in any way to the use of any Catalogea Service, or to any product or service sold or distributed by Cataogea or through Catalogea.com shall be resolved by binding arbitration, rather than in court, except that you may bring claims in small claims court if such claims qualify for small claims. The Federal Arbitration Acts will apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.

However, an arbitrator may issue an award on an individual basis with an award of damages and other relief, on the same terms as a court (including injunctive relief and declaratory or statutory damages), and must adhere to the terms of these Terms of Use as a court would.

You and we agree that any dispute resolution will be conducted on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim is brought in court rather than by arbitration, both parties waive the right to a jury trial. Both we and you agree that the other party may bring an action for infringement or misuse of intellectual property rights.

APPLICABLE LAW

By using any Catalogea Service, you agree that the Federal Arbitration Act and the laws of the state of Baja California, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Catalogea.

SITE POLICIES, MODIFICATION AND SEVERABILITY

We encourage you to review our policies. These policies will also govern your use of the Catalogea Services. We reserve the right to make changes to our site, policies, Terms of Service and these Terms of Use at any time. If any of these terms shall be deemed void, invalid or unenforceable for any reason, such term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.