General Terms & Conditions

Web Site Terms, Conditions and Notices

Important Legal Information

Overview

The following rules and regulations apply to all visitors to or users of the Passion for the Sun's Web Site, the home page of which is atwww.passionforthesun.com. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Passion for the Sun at any time and posted on this Web site. In the event of a violation of these rules and regulations, Passion for the Sun reserves the right to seek all remedies available by law and in equity.

Limited License:

Passion for the Sun Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other Colombian and international laws and treaties. All Materials are provided by Passion for the Sun as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions:

you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission.
you may not access or use the Passion for the Sun Web Site for any competitive or commercial purpose.
you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Passion for the Sun may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Passion for the Sun.

Trademarks:

Passion for the Sun and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Passion for the Sun Brand Management, Gunmankú Ltda., and are protected by Colombian and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Passion for the Sun Web Site. Your misuse of the trademarks displayed on the Passion for the Sun Web Site is strictly prohibited. You are also advised that Passion for the Sun will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Mobile Website:

Passion for the Sun also makes its website available in a mobile friendly format that is more accessible for mobile connectivity - our "Mobile Site". All mobile phones that have Internet access can make use of the mobile format. Users with mobile phones that have this access also have the option to view the full html site that is available on your PC. You should be aware that some of the special pricing and promotions offered on the full html site may not show up on the Mobile Site. However, you can use the Mobile Site to take advantage of our special pricing and promotions that you view on the full html site or that you receive in an email offering from us, by using the code specified on the full html website or in the email when you are on the Mobile Site.

Privacy Notice

The purpose of this statement is to let you know that the information you provide us is totally confidential. We respect your privacy. We will keep your e-mail on file to occasionally send you free promotional e-mails. If you want to remove your information from our database just call us in USA at (1) 305 964 0762, Colombia at (57) 313 560 8560 or email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Patents:

One or more patents may apply to this website.

Linking:

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Passion for the Sun Web Site. None of such links should be deemed to imply that Passion for the Sun endorses the Third Party Sites or any content therein.

Passion for the Sun does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Passion for the Sun will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Special Notice:

Passion for the Sun has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Passion for the Sun web page is prohibited absent express written permission from Passion for the Sun. Framing, inline linking or other association of the Passion for the Sun Web site or its Materials with links, advertisements and/or other information not originating from the Passion for the Sun web site is expressly prohibited.

Disclaimer of Warranty:

Access to Passion for the Sun Web Site is provided to our customers and prospective customers "as is" and "as available" and without warranty of any kind, whether express or implied,including but not limited to, those of merchantability, fitness for a particular purpose, title or non infringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Passion for the Sun reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Jurisdiction:

Passion for the Sun controls this Web Site from its offices within the City of Barranquilla, Colombia. Passion for the Sun does not imply that the materials published on this Web Site are appropriate for use outside Colombia. If you access this Web Site from outside Colombia, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the Colombian laws, without giving effect to its conflict of laws provisions.

Your Communications:

Any communication between the customer and Passion for the Sun should be by e-mail. Wherecontactis made by phonethe conversation must be clarified by e-mail within one hour.E-mails sent to Passion for the Sun will be deemed as read. It is your responsibility to ensure that the e-mail address supplied is accurate and capable of receiving our e-mails.

Passion for the Sun shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, images or techniques ("User Submissions") contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Passion for the Sun does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on Passionforthesun.com if we choose to publish them once submitted. Passion for the Sun reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Website Terms, Conditions and Notices, including without limitation, the Prohibited Uses of Website and Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.

Prohibited Uses of Website and Services:

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer
Are nlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable
Contain chain letters or pyramid schemes
Contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities
Impersonate any person, business or entity, including our company and our employees and agents
Encourage conduct that would constitute a criminal offense
Give rise to civil liability
Otherwise violate any law
Or in doing so, amounts to any conduct that, in the judgment of Passion for the Sun, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.

Limitation of Liability:

In no event will Passion for the Sun be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Passion for the Sun is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Notice for Copyright Infringement:

Passion for the Sun does not permit copyright infringing activities on this Web site. Passion for the Sun may remove any content of any kind that a user posts to this Web Site ("User Communications"), e.g., if properly informed that the User Communications infringe another's copyright rights. Passion for the Sun may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer.

If you are a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties infringes upon your copyrights, you may notify Passion for the Sun by providing the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed
Identification of the location where the original or an authorized copy of the copyrighted work exists
Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Passion for the Sun to locate the same
Information reasonably sufficient to permit Passion for the Sun to contact you, such as an address, telephone number, and, if available, an email address
A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law
And A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:

Passion for the Sun
Carrera 54 # 64-265 office 101, Barranquilla, Colombia.
By Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
If you fail to comply with all of the requirements above, your notice may not be valid.

Privacy & Security

Privacy Statement

This privacy policy explains what personal information is collected through this Web site, how that information is used, to whom it's disclosed, and how it's safeguarded. This policy applies only to personal information collected through the Web site, microsites, and mobile sites of Passion for the Sun that display or link to this policy. By "personal information" we mean your identifying information (like name, home address, and email address), and descriptive information (like tastes and preferences) if coupled with your identifying information ("personally identifying information"). We may refer to Passion for the Sun as "we," "us," or "our" throughout this privacy policy.

What personal information is collected at our web site and how is it used?
1.Information Collected Directly from You and Others through this Site

We collect personal information directly from you to do all the things typically associated with electronic and mobile commerce Web sites. Examples of the information we collect include name, address, telephone number, mobile phone number, email address, personal preferences, credit card number, purchase and ordering information, demographical information, responses to survey questions and sizing information.

This information is collected at various places: for instance, when you check out with your online order; subscribe to catalogs, email offers, and mobile messaging offers; participate in surveys, contests, or sweepstakes; or interact with special-event or program offers.

We collect information about you. And, when you provide it, we collect information about those you know. For example, we collect your gift recipient's contact information to process your gift orders. We use this information to do things like:

Process your online orders;
Open an online account at your request;
Personalize your online experience with content and offers that are tailored to your interests;
Provide customer service, whether it's responding to a request or following up on an order;
Include you in surveys and contests;
Enable you to post your content, such as comments, images;
Facilitate networks of online social activity centered around our products and services;
Improve our website, improve the manner in which offers are made on our website, improve purchase decisions of our visitors and the interactions visitors have with our website;
Enable you to interact with third-party content service providers, whether by linking to their sites, viewing their content within our Web environment, or by viewing our content within their Web environment; and
Market our products and services-for instance, by adding you to our email or print-catalog list when you make an online purchase.

2.Information We Observe or Collect through Technology

Navigational Information
When you visit this Web site, we collect navigational information, such as browser type and version, service-provider identification, IP address, the site from which you came, and the site to which you navigate. Navigational information is largely anonymous in the sense that it doesn't contain your name, address, phone number, email address or other information that directly identifies you. However, we may associate this navigational information with your personal information if you provide it.
Cookies and Clear gifs
To better understand what you do while on our site, we use a browser feature known as a cookie. A cookie is a small data file that's stored by your Web browser on your computer. It's used to do things like see how you navigate our Web site, what you click on, and remember you and your online purchases when you return. This helps us improve our site, provide better customer service, personalize your online experience, and personalize offers to you based on your unique tastes and purchase history. We also use clear-gifs (also known as a Web beacon or Web bug) on our Web site and in our emails. A clear gif is a nearly invisible pixel-sized graphic image on a Web page, Web-based document or e-mail message. It helps us do things like view the URL of the page on which the clear gif appears and the time our Web site or email in question is viewed. Clear gifs in e-mails help us confirm the receipt of, and response to, our emails, including those that you forward to friends and family; and they help deliver a more personalized online experience. Overall, these technologies may be used to help us see which of our interactive experiences online users like most–for example, by keeping track of the number of times a video, widget or other media is accessed or embedded on social networking sites; and on which social networking sites it is embedded, based on inquiries that are sent to our Web site. Cookies and clear gifs also allow us to associate your online navigational or transactional information with any personal information you provide (such as name, address, phone number, survey responses and email address). We'll associate this information only for our purposes: to deliver products and services to you; to improve our business; to transact business; and to market our products and services through a variety of media like email, mobile advertising, and direct mail. As an example, we may use cookies to keep track of what you put into your shopping bag. That can help us contact you if your online session is disrupted in mid-purchase, resulting in an abandoned cart. We can also use this technology to determine whether you'd be interested in participating in special events, given your preferences. The end result is a more personalized experience that's tailored to your needs and tastes.

Information Others Observe or Collect through Technology

Third-party service providers help us analyze our visitor's site and purchase preferences, and may help us deliver ads to you about our products through banner ads when you visit other web sites (often referred to as "online network advertising"). The following provides more information about these service providers and the choices you have with respect to their services.

Analysis
We contract with analytics companies to better understand your use of our Web sites, and Web capabilities like embeddable widgets. These third parties may serve surveys to determine satisfaction with our site and then tie the responses to actual behavior on the site, which will allow us to improve our website. They accomplish this by using some or all of the technologies described in Information We Observe or Collect Through Technology.
Advertising
We contract with third-party advertising companies that, in turn, collect non-personally identifying information by placing cookies on your browser when you visit us here. These companies may use information (not including your name, address, credit card information, e-mail address, or telephone number) about your visit to deliver our ads on this and other Web sites through their online advertising networks. These companies also provide this information to us which we, in turn, use to gauge how effective our ads are.

How does this web site interact with third-party or our sister brands' web site and content?
We may enable you to navigate to third-party sites and services, or otherwise display third-party content. We do this for your convenience. We don't endorse or generally have any affiliation with these third parties. And we don't control and aren't responsible for their Web practices. Whether their content appears within our Web environment (like a map frame), or you leave our Web site for another site to view it, those service provider's terms, conditions, and privacy policies govern your online experience (unless there's a conspicuously posted statement by us that says otherwise). Please view their terms of service and privacy policies if you have any question about their practices.
Here's a partial list of the sites or content of these third parties:

Interactive Maps
We may facilitate easy access to the online maps of content providers like Google, Microsoft, and Yahoo! There you can get quick location, driving, and contact information for our stores.
Sweepstakes, Contests, and Survey Sites
We may rely on the expertise of third-party service providers to run sweepstakes, contests, and surveys. Navigation to these sites may be seamless so that it appears you're still in our Web site environment. In these cases, the third-party's privacy policy may apply to any personal information you provide in connection with the event. So please take note of who's running the event in question; and the terms, conditions, and policies that apply.
Social Networking or Other User-Generated-Content Sites, and Other Websites
We may at times facilitate easy access to third-party sites, like social networking sites and other sites that host user-generated content. This may include easy click-through access or even "single-sign on" to these sites. The third-party's privacy policy applies to any personal information you provide at these sites.
Payments Site
We enable you to navigate easily to the site of Pagosonline.net, where you can pay your order or other invoices online. When you pay online, you leave our site and interact directly with Pagosonline.net. Any information you provide to Pagosonline.net is subject to Pagosonline.net's terms, conditions, and policies, including its privacy policy.
Third-Party Rewards or Membership Programs
We may interact with certain unrelated companies that offer their customers memberships to participate in programs, which may include rewards for purchases from us. If you become a member of one of these programs or purchase something from us at this Web site through such a program, we may provide the company administering the membership program enough information about you or your purchase (like contact information, transaction date, transaction amount, and order number), to enable it to honor your membership. We are not responsible for the privacy practices of the companies sponsoring these membership programs. Their terms, conditions, and policies apply to any information that's provided to them to further their programs.

What information do we share with third parties and our sisters brands (or what information may they access because of the services they provide to us)?

Our Sister Brands
We may also share the information described in this policy, like postal and email address, customer preferences, and purchase history within our corporate family so that our affiliates may market to you.
Contractors
We use third-party "back-office" contractors to help handle parts of our business because of their expertise, resources, or scale. They help us do things like fulfill orders, process payments, monitor site activity, serve surveys and provide analysis from the surveys when combined with website use, maintain databases, administer and monitor emails, administer and send mobile messages, and provide consulting services. Contractors may also assist us in hosting microsites and mobile Web sites where you may provide personal information about you and others you know; and where they may observe information about you in the same way as described above (see What Personal Information Is Collected At Our Web Site, and How Is It Used?)
c.Other Marketers
We may share your name, postal address, and summary purchase information with other merchants and merchant exchanges. Other merchants may, in turn, use this information to send you offers on their products and services. If you don't want this information shared with these merchants and exchanges, please go to Contact Us on the Passion for the Sun web-site and let us know.
Law Enforcement and Emergency Response
We may disclose specific information about our Web-site visitors if we have a good-faith belief that it's necessary or authorized under the law to protect our customers, the public, or our business.
Sale or Merger
In the event we sell or transfer all or a portion of our business assets, consumer information may be one of the business assets that are transferred as part of the transaction.

What choices do you have over how your information is used?

Email
If at any time you'd like to stop future delivery of our email offers, simply follow the removal instructions located at the bottom of each message or complete the removal from e-mail form. This will stop future email offers from us, but won't stop operational or transactional messages such as email confirmations of your online orders, or customer service communications. We may occasionally provide you with the opportunity to opt in to receive email messages from third parties. If you do opt in, we'll share your e-mail address with the specific third party with which you have opted in. Please review their privacy policies to see how they treat your personal information.
Mobile Messaging
If you've signed up for mobile messaging (e.g., SMS and MMS) offers but later decide you no longer wish to receive them, simply follow the opt-out instructions included in the mobile message.
Cookies, Clear Gifs, and Online Network Advertising
You may always choose to block cookies or even clear cookies from your computer. Simply follow your browser's instructions on how to block and clear cookies. Note that blocking cookies may not block the "first-party" cookies that are placed on your computer when you visit this site. By first-party cookies, we mean those cookies (whether placed by us or a contractor) that help us see how visitors use our site, and enable us to deliver our ads on our site (as opposed to ads on an online advertising network of third-party Web sites). Clearing cookies after each visit here will prevent observations from multiple sessions being aggregated over time. Please consider the consequences of blocking or clearing cookies. Many Web sites rely on their cookies to provide you with services or features that you have requested or expect. If you do not want the use of cookies to associate survey responses with your behavior on the site, you can elect to not take the survey.
Other Marketers
If you don't want your basic contact and purchase information shared with other marketers (other than our affiliates), please go to Contact Us on the Passion for the Sun web-site and let us know.
Our Affiliates
If you don't want your contact and purchase information shared between our affiliates, please go to Contact Us on the Passion for the Sun web-site and request not to have your information shared.

What is the policy for visitors from outside Colombia?
This is a Colombian Web-commerce site. This privacy policy governs the information collected at this site irrespective of where you're located when you access it, browse it, interact with it, and make purchases through it (including those that are shipped to addresses outside the Colombian territory). This means your personal information may be stored outside of the province, state, and/or country in which you reside, and processed by us, an affiliate or a third-party service provider as described in this privacy policy. Moreover, governmental bodies that have jurisdiction (e.g., courts and law enforcement agencies) may be entitled to access your personal information.

How may I update my personal information?
We prefer to keep your personal information accurate and up-to-date. You may update or modify your billing- and shipping-related information by logging onto Your Account. You may also update or modify your catalog mailing information by logging onto Your.

How do we address children's privacy?
We do not knowingly collect or maintain information provided by children under the age of 18. Moreover, we implement certain age-related safeguards to meet state-specific requirements.

How do we secure your information on our site?
This Web site has the following types of security measures: limited access data-centers, firewall technology, and secure-socket-layer (SSL) certificate authentication. SSL is encryption technology that provides security for information that's transmitted over the Internet. This site accepts orders only from Web browsers that permit communication through SSL technology-for example, Internet Explorer (version 6.0 or higher), Firefox (version 3.0 or higher), Safari (version 4 or higher), Chrome (version 2 or higher), and AOL (version 9 or higher). While we implement the above security measures on this site, you should be aware that 100% security is not possible.

Whom may you contact with questions or concerns?
If you have questions or concerns with respect to our Privacy Policy, please feel free to click on the Contact Us option on the Passion for the Sun web-site.

Who administers this policy?
Our associate Attorney Services administers this policy. You may write to this person to:
Legal Services of Gunmankú Ltda., Cra 54 # 64-265. Barranquila, Colombia

When was this policy last updated?
If you're concerned about how your personal information is used, please visit our site often for this and other important announcements about Passionforthesun.com.
This Privacy Statement is effective May 2011.

Purchases Terms, Conditions and Notices

Important Legal Information

A contract is formed between us when (and not before) we ship your order. Your order will not be accepted until we receive full payment or untilyour funds have been cleared. Bank drafts and postal orders should be made out to Passion for the Sun. You must be over 18 years old to purchase from this site. The contract formed by our acceptance of your order shall be governed by Colombian laws and you agree to submit to the non-exclusive jurisdiction of the Colombian Courts.

Correction of Errors

The content and information of Passion for the Sun´s catalogs and Passion for the Sun´s website may contain typographical errors related to the product description, pricing*, and availability. We apologize for any inconvenience this may cause. If you have any questions, please feel free to Contact Us and we will assist you immediately.

* If any typographical error has to be with pricing, Passionforthesun.com shall have the rights to charge you the correct price of the item, the amount will be charged to your credit card. We will contact you immediately.

Security Guarantee

Our payment system (Pagosonline.net) is certified with the Payment Card Industry Data Security Standard (PCI DSS) recognized by American Express, Discover Financial, JCB International, MasterCard Worldwide, Visa Inc., among others.

Pricing Policy

At Passion for the Sun and Passion for the Sun´s website, our commitment is to offer quality, convenience, service, and product availability on-line. The on-line merchandise offered at Passion for the Sun´s website is usually the sameprice as themerchandise offered at our affiliate distributor´s stores, in some cases, We will have deferent'sprices, and a promotions at different times than our offline stores.

Patents:

One or more patents may apply to this website.

Warranty:

We warrant that, upon receipt of goods, the ordered goods will correspond with the written description on this website, will be free from defects in materials and workmanship and will be of merchantable quality. There may, however, be minor variations between the goods as shown or described on our website and those dispatched to you (the goods dispatched will always be of a comparable or superior quality).

Where our sales agents suggest items that are not available on our website but can be ordered in for you, all quotations are valid for two weeks unless otherwise agreed in writing. Items will not be ordered in until full payment has been made and funds have been cleared.

Pricing and Customer´s General Info

All prices displayed on our website are excluded of VAT. The VAT amount will be stated and added where applicable on the checkout page.

Orders that have no delivery address or contact phone number for the couriers may not be dispatched. These orders will be held until we receive full delivery information including a contact number.

If you fail to take delivery of the ordered goods and they are returned to us, we will contact you upon their arrival via email. A refund of the cost of goods without shipping and handling fee will be given. If the goods are still required we will ask for additional shipping and handling fee to makethe second delivery. It is the responsibility of the customer to be at the address given for shipping. Orders cannot be left without a signature. Customers mustalsobe available ontheir contact number to facilitate the courierin finding the address. In instances where couriers cannot make phone contact, packages may not be delivered. Risk of damage or loss of ordered goods shall pass to you at the time the goods leave our premises for delivery.

Your Communications:

Revisions:

Passion for the Sun may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Passion for the Sun also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Passion for the Sun may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.

If you fail to comply with all of the requirements above, your notice may not be valid.