Terms and Conditions of Use


Casa de los Gigantes is a company registered in Guatemala under the Companies Act (No. 12766 of 1988), as number 16445 folio 175 book 79 at the registered office address 7a Calle Oriente #18. Casa de los Gigantes operates the website: www.casadelosgigantes.com.

 

By using the website or any application or application supplement ("Applications"), you agree to follow and be subject to the following terms and conditions of use (the "Terms of Service") and comply with all applicable laws and regulations.

 

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or you do not agree with these Terms of Use, do not use this Website or any associated Applications. We may revise these Terms of Use at any time without notice. If you have any questions about our Terms of Use, contact our Customer Service Center at info@casadelosgigantes.com.

 

YOU ACCEPT THAT, BY USING THE WEBSITE, APPLICATIONS, AND SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND MAY LEGALLY PARTICIPATE IN A CONTRACT.

 

1. Understanding these terms

1.1. In these Terms and Conditions of Use, when we refer to "we", "us" or "our," we mean Casa de los Gigantes; and when we refer to "you" or "your" we mean you, the person who is accessing or using the website.

 

2. Our responsibility

2.1. The material on this website is provided for general information only. We do not make representations or warranties regarding the accuracy or completeness of any material or information incorporated into this site.
2.2. The website is available for free. We do not guarantee that the website, or any content within this document, will always be available or accessible without interruption.
2.3. We do not assume any responsibility in relation to third-party advertisements broadcast through the website.

 

3. Validity

Acceptance of these terms and conditions constitutes a valid contract between the user and Casa de los Gigantes, it being understood that the client, prior to requesting any service through our website, has read, understood, and agreed to the terms set forth in our published policies.

 

4. Intellectual property

4.1. We are the owners and licensees of all intellectual property rights for the website and its content, our name and brand, our product names, images, and packaging.
4.2. No information on this website may be copied, distributed or transmitted in any form for commercial use without our express written consent. We reserve full ownership and intellectual property rights for any material downloaded from this website.
4.3. You can download or print a copy of each and every one of the materials on this website for personal and non-commercial use, as long as you do not modify or alter the material in any way, nor delete, alter or change any copyright, trademark, or any other intellectual property thereof.

 

5. Privacy

We will only use your personal information in accordance with our privacy policy.

 

6. Cookies

This website uses cookies, the use of which is governed by our cookies policy.

 

7. Accounts

If you need to register an account on the website to access certain services, you will ensure you protect your login data from unwanted disclosures and are fully responsible for the unauthorized use of your account login details.

 

8. General conditions of use

8.1. By accessing this website, you agree not to:
8.1.1 Use the website illegally, for any illegal purpose, or in any way which is incompatible with these Terms and Conditions of Use.
8.1.2 Share any material that is defamatory, offensive or objectionable in relation to your use of the website.
8.2. We do not guarantee that the website is completely secure or free of errors or viruses. You are responsible for configuring your IT, computer programs, and your platform to access the website and we recommend that you use your own antivirus protection software.

 

9. Limitation of liability

The website and all website content, including any current or future offers of products or services, are provided "as is" and may include inaccuracies or typographical errors. The Owners do not offer any guarantee or representations regarding the availability, accuracy or completeness of the Content. Neither the Supplier nor any company holding, affiliate, or subsidiary of the Supplier shall be liable for any special, consequential, direct, or indirect damages of any kind that are suffered or incurred, as related to the use of or inability to access the Content or the Website, any functionality thereof, or any linked website, even if the Provider expressly informs you.

 

10. Changes to these terms and conditions of use

We reserve the right to modify these Terms and Conditions of use at any time without prior notice or warning, and any continued use of the website implies acceptance by the user. Any user who does not accept the new Terms and Conditions of Use must notify us in writing at info@casadelosgigantes.com and must immediately stop accessing the website.

 

11. Navigation without registering

The user may visit the website without providing any personal information. In such cases, the website servers will collect the IP address of the user's computer, but not the email address or any other specific information. This information is used to measure the number of visits, the average time spent on the website, the pages visited, etc. The provider uses this information to determine the use of the website and to improve the content in this manner. The provider assumes no obligation to protect this information and may copy, distribute or use such information without limitation.

 

12. Applicable law and jurisdiction

12.1 This website strictly adheres to the Constitution of the Republic of Guatemala and Article 2 of the Constitution of the Republic of Guatemala, which guarantees the security of all citizens, as well as article 24 of the Constitution of the Republic of Guatemala and article 274 sections “E,” “F,” and “G” of the Decree No. 17-73 of the Penal Code of Guatemala. For any infraction committed under the Law during the use of this Agreement, the relevant authorities will be informed as required by law.
12.2 This website is controlled, operated and managed by the Supplier from its offices within Guatemala. Access to the website from territories or countries where the content or purchase of products sold on the website is illegal is prohibited. If the user accesses this website from locations outside Guatemala, the user is responsible for complying with all local laws.
12.3 These Terms and Conditions will be governed by the laws of Guatemala, and the User accepts the jurisdiction of Guatemala in case of any dispute. If a court of competent jurisdiction determines that any of the provisions of these Terms and Conditions is invalid or unenforceable, that provision shall apply to the maximum extent permitted to give effect to the intent of these Terms and Conditions, and the rest of the Terms and Conditions will continue in full force and effect.

12.4 These Terms and Conditions constitute the entire agreement between the Supplier and the User regarding the use of Content and the Website. These Terms and Conditions of Use govern your access and use of the website. Read the terms carefully and contact us if you have any questions. By accessing this website, you confirm that you have read and agree to be subject to these Terms and conditions of use.

 

13. Force majeure

We will not be considered in breach or violation of these Terms of Service or any contract with us, and we will not be liable for any cessation, interruption, or delay in the fulfillment of obligations due to earthquakes, floods, fires, storms, lightning, droughts, landslides, hurricanes, cyclones, typhoons, tornados, natural disasters, epidemics, famine or plague, the actions of a court or public authority, change of law, explosion, war, terrorism, armed conflict, labor strikes, lockouts, boycotts or a similar event beyond our reasonable control, whether planned or unforeseen (each a "Force Majeure Event"). If an event continues for more than 60 days in total, we may immediately terminate these Terms of Service and will have no responsibility for or as a result of such termination.

 

14. Right to refuse

You acknowledge that we reserve the right to refuse service to any person at any time without issuing any reason for it.

 

15. DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

 

The majority of customer concerns can be resolved quickly and to the satisfaction of the customer by contacting our Customer Service Center (info@casadelosgigantes.com). In the unlikely event that the Customer Service Center cannot resolve your complaint to your satisfaction (or if you have not been able to resolve a dispute you have with us after trying to do so informally), we both agree to resolve those complaints through arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge and allows a faster resolution of claims than a court, and is subject to a very limited review by the courts.

 

The arbitration will be carried out by a single arbitrator who will be jointly appointed by both Parties or in the Commission of Conflict Resolution of the Chamber of Industry of Guatemala, “CRECIG.” Said arbitration shall be carried out in Guatemala and shall be resolved under the provisions of the Arbitration Law of 1995, number 67-95 of the Congress of the Republic, as amended periodically. When seeking arbitration, you must first send a written notice of dispute to Casa de los Gigantes by registered mail.