Terms and Conditions

This website www.captura.com and all services provided by Captura (“Services”) are covered by the terms and conditions of use described below (“Terms of Use” or “Terms and Conditions” or “Terms of Use” or “Terms” or “Conditions”).

By using our Services, you agreed to accept all Conditions written in here. You must not use our Services if you disagree with any of these Terms and Conditions.

It is a requirement to purchase on this website the acceptance of the terms and conditions of sale described below. If you make a transaction on our website you declare and acknowledge, by the fact of making the purchase, that you know and accept each and every one of the Terms and Conditions described. Therefore, the said Terms and Conditions shall be understood to be known and accepted by the mere fact of registration and/or purchase of products through our website.

You are solely responsible for paying the costs associated with the use of our Services, such as Internet connection charges and for acquiring any equipment necessary for such connections.

CONFIDENTIALITY AND PRIVACY

To use some of our Services, you may need to provide personal information. See our Privacy policy for more details on the use and protection of your data.

ACCESS DATA

In most of cases, to make use of our Services, it will be necessary to register. You will have to entry reliable personal data such as user ID, email address and define a password. After registration, you will be able to change them at any time from your account.

You are solely responsible for protecting the confidentiality of your access data to our Services. Captura assumes no responsibility in the event that you provide this data, intentionally or not, to third parties.

You are responsible for immediately notifying us about any unauthorized use of your access data or any other breach of security.

We are not responsible for any loss or damage arising from a failure to comply with the requirements described in this section.

PRICES AND METHODS OF PAYMENT

All prices, unless specified otherwise, are in US Dollar. We are not responsible for any fees incurred due to currency exchange or fees charged by your credit card / bank for processing payment in either currency. Furthermore, we are not responsible for additional fees charged by third parties.

The prices of our Products & Services are subject to change without prior notice.

We use the third-party payment platforms, PayPal and Yappy, and its necessary tools to process credit and debit card transactions. Payment processing will be subject to their own Terms and Conditions of Use and Privacy Policy. By using our Services, you agree to be bound by them.

We do not control and are not responsible for the security or performance of PayPal or Yappy. You expressly understand and agree that we will not be responsible for any payment transactions that occur through your use of our Services and for any issues regarding to payment transactions between you and PayPal or you and Yappy and that for any reasons. If you process a transaction, it is your responsibility to verify that the transaction was successful processed.

We reserve the right to correct or to instruct PayPal and Yappy to correct any errors or mistakes, even if payment has already been requested or received.

FORMATION OF CONSENT IN CONTRACTS CONCLUDED THROUGH THIS SITE

The prices displayed on our website www.captura.com are exclusive for purchases made via On Line.

Any offer acceptance will be subject to the suspensive condition that CAPTURA validates the transaction. Consequently, for any transaction carried out on this site, confirmation and/or validation or verification by CAPTURA will be an essential requirement for the formation of consent.

To validate the transaction, CAPTURA shall verify the following:

  • Validation and acceptance of your means of payment.
  • Confirmation of the payment or deposit, as appropriate, informed by the operators of the payment gateways contracted by CAPTURA.
  • The data you recorded on the site match those provided upon acceptance of the offer.

The validation stage concludes with the issuance of the respective electronic sales receipt. CAPTURA reserves the right to change the status of the order or purchase at any time, whenever there is evidence of fraud against the holder of the purchase or there is a systemic error that distorts the price of the offers.

Once the validation has been concluded, CAPTURA may contact you by telephone or use any means of communication that guarantees the due and timely your knowledge about the result of the validation, which will be previously indicated on the same site during the purchase operation. The consent will be understood to be formed from the moment CAPTURA successfully concludes the validation and informs you of this.

In attention to the preceding paragraphs and as a measure to protect the security of transactions, CAPTURA may cancel purchases in which the data you provided are not sufficient to finalize the order, or in respect of which the validation has not been made as indicated above within 72 hours after the order or purchase order registered. If it is necessary to contact you and after 72 hours following the order or purchase order this is not possible, CAPTURA will cancel the transaction (as a security measure for you).

Transactions made with bank credit cards are subject to a validation that can add up to 48 working hours (within the working day) to the usual validation process.

Shipping

For any information about shipping zones, times and fees please consult our Shipping Policy.

VALIDITY, VALIDITY AND STOCK OF THE OFFERS CONTAINED IN THIS SITE

CAPTURA may modify any information contained in this site – including those related to prices, merchandise, services, stock and conditions – at any time and without prior notice, up to the moment of receiving a purchase request, which will obligate CAPTURA to be subject to the validation conditions indicated previously, that is to say, once the consent has been formed, between the parties, for a given transaction.

DISCOUNT COUPONS

CAPTURA recognizes the loyalty of its customers and/or users. For this reason it offers at its discretion discount coupons applicable to orders on our website CAPTURA. The communication of the benefit will be via email to the email address you provided, either verbally in the physical store, through our social networks (Facebook and/or Instagram) or during registration through the website.

The coupon is virtual and consists of a code, which must be registered at the time of completing the purchase order on our website in order to apply the discount.

The coupon grants a discount applicable on the list price of the store of CAPTURA, is not cumulative with other promotions or discounts. To make effective the discount associated with the coupon, you must register the coupon code at the time of completing your order.

The registration of the coupon automatically recalculates the total amount of the order applying the discount on the sum of the regular prices of the selected products. This discount does not accumulate with other discounts or promotions, for which reason you must decide whether to apply the discount coupon.

In general terms, unless CAPTURA decides to implement a campaign with different conditions, which will be communicated in due time, the coupon is only applied once within the established period of validity. The benefit of the discount for the coupon is of exclusive application for orders of the benefited client and/or user and is not transferable to third parties.

The discount granted by a coupon is only applicable to the purchase of products on our website.

In case of changes or cancellation of an order in which a coupon has been applied, the coupon will not be restored. In other words, the coupon is used only once and never again.

Exchanges and refunds

Captura accept exchanges and refunds under some conditions. See our Refund and Returns Policy for more details about exchanges ans refunds.

Warranty Terms

All products purchased to CAPTURA have 6 months warranty.

When you acquires a product through our website and/or through our social networks (Facebook and/or Instagram), you must present your sales receipt or invoice to request the warranty service or exchange.

Warranty won’t be accepted without a receipt or sales invoice in any way.

Cases of misuse not covered by the warranty:

  • Picks, scratches, rips, tears and breakage.
  • Wear due to friction or rubbing.
  • Discoloration or natural wear.
  • Burns and stains.
  • When the product shows physical damage due to use, abuse, handling or carelessness.
  • Accidents such as extreme falls.
  • Contact with solvents or acids.
  • External damage caused to the product such as fractures, scratches, bumps, stains, dents, chips, among others.

For the use of the warranty for a product of our website and/or our social networks (Facebook and/or Instagram) you have to send us an email at [email protected] with the ticket or sales invoice along with your ID and explaining the problem and send the item to: Captura, Calle Barriada Don Quike, Casa 26, Corregimiento de Las Palmitas, Distrito de Las Tablas, Provincia de Los Santos, PANAMA.

You will be responsible for paying for your own shipping costs for returning your item.

LINKS TO THIRD PARTIES SITES

Our Services may contain links to other sites that might be of interest to you. Once you click on these links and leave our Services, we no longer have control over the sites you are redirected. Therefore we are not responsible for the terms or privacy or for the protection of your data on those other third party sites. These sites are subject to their own privacy policies, so it is recommended that you consult them to confirm that you agree with them.

COMMENTS AND CONTENT SENT BY USERS

You are responsible for the content you submit, such as the opinions or reviews you write, the links you post or any other content.

You shall adhere to the following rules. You may NOT:

  • present false or misleading information;
  • submit content that involves any illegal activities or activities that are contrary to morality or public order;
  • upload o transmit any viruses or any other malicious code that is or may be used in any way that may interrupt, destroy, limit or compromise the functionality or performance of our Services or of any related website or for the purpose of harming any user;
  • issue insults, threats, harassment, or use obscene, vicious, or discriminatory languages.

We reserve the right to withdraw or not to publish any content going against these Terms of Use.

We are not responsible and do not assume any liability for the content issued by users.

INTERACTIONS WITH OTHER USERS

You understand and agree that you are solely responsible for your interactions with other users off the Services. We cannot inform you of the real intentions of your interlocutor.

PROHIBITED USES

The use of the site, its content or our Services is prohibited:

  • to upload or transmit any viruses or any other malicious code that is or may be used in any way that may interrupt, destroy, limit or compromise the functionality or performance of our Services or of any related website or for the purpose of harming any user;
  • for illegal or unauthorized purpose;
  • to infringe, whether intentionally or not, any provincial, national or international laws or regulations;
  • for any obscene or immoral purpose;
  • to issue insults, threats, harassment, or use obscene, vicious, or discriminatory language;
  • to collect and store personal information of other users;
  • to interfere with or circumvent security features of the Services, or any other related website;
  • to make abusive use of the Services, or connected networks.

We reserve the right to suspend your use of the Service or any related website if you violate any of the prohibited uses.

INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS OR REGISTERED PATENTS

You agree to NOT infringe or violate the rights of Captura or third parties, such as to intellectual property rights, copyrights, trademarks and patents, and any other right established in current legislation.

This implies, among others:

  • DO NOT duplicate, copy, alter, modify, sell, distribute or reuse any portion of the code, visual design elements, videos or content of our Services, except if you receive express written authorization from us;
  • DO NOT sell, resell or operate on any commercial basis whatsoever of the Services or any use of the Services or access privileges associated with the Services.

Any unauthorized activities could be subject to legal actions.

By submitting, posting, or displaying content on our Services, you grant us an unrestricted right to reproduce, edit, publish, translate, distribute, or otherwise use this content on our Services. Moreover, by submitting, posting, or displaying content on our Services, you acknowledge, represent, and warrant that you own all rights and permissions to legally use, display, and share such content through our Services. If we use your content as agreed in this Terms of Use, you represent and warrant that such use will not infringe or violate the rights of any third party.

WARRANTY AND LIABILITY

You expressly agree that the use of our Services is at your own risk.

Los Servicios son proporcionado “tal cual” y “como disponibles” y no ofrecemos garantías de ningún tipo, ya sea expresa o implícita, incluidas, entre otras, las garantías de comerciabilidad o aptitud para un propósito en particular, calidad, seguridad, integridad o exactitud de los Servicios, y no infracción.

No advice or information, whether oral or written, given by us will create any warranty.

We make NOT warranty or representation that the Services will:

  • lead to a successful surfing experience or to the achievement of any skills levels;
  • meet your requirements or expectations;
  • be accurate and reliable;
  • be timely, secure, uninterrupted or error-free;
  • be free of viruses or other harmful components;
  • be rectified if any defects in our Services.

To the fullest extent permitted by law, including, but not limited to, negligence, in no event shall Captura, including anyone who works with or collaborates with us, be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any kind, including without limitation injury, sickness, accident, loss of data or goods, inability to use the Services, inconvenience, loss of enjoyment, loss of profits, or any similar damage incurred as a result of your use of any of the Services or content or products published, transmitted, made available or purchased through the Services, even if advised of the possibility.

CONTENT OF OUR SERVICES

The photos presented on our website and/or our social networks are referential of each product and colors, as well as textures, may vary. Therefore, when the customer and/or user receives a product whose physical appearance does not strictly match its digital appearance published on the website and/or social networks, this is not sufficient reason to demand an exchange of the product.

CHANGES TO OUR SERVICES

We reserve the right to change, temporarily suspend or terminate our Services, in whole or in part, at any time and without advance notice of any kind. We will not be liable to you or to any third party for such suspension, modification or termination of the Services.

TERMINATION

Without advance notice of any kind, we reserve the right to terminate your use of our Services at any time and for any reason stipulated explicitly or implicitly in these Terms of Use.

You can terminate these Conditions at any time by notification. Since then, you will not be able to use our Services.

NULLITY

In the event that any provision of these Conditions of Use is determined to be unlawful, void or unenforceable, that part shall nonetheless be effective to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severable from these Conditions such determination shall not affect the validity and enforceability of any remaining provisions.

JURISDICTION

Our Services will be governed by and construed in accordance with the laws applicable in Panamá.

CHANGES TO THE TERMS AND CONDITIONS OF USE

Captura reserves the right to change or modify these Terms without advance notice, so we recommend that you periodically review this page to ensure that you agree to such changes. If you keep using the Services after the Terms of Use have been amended or supplemented, you unconditionally agree to the amended or supplemented Terms of Use.

CONTACT CAPTURA

Feel free to contact Captura if you have any questions or other inquiries. Therefore you can send an email to:

[email protected]