Terms and Conditions

TERMS OF USE
CONSENT
Welcome! We appreciate your interest in Agua Bendita. We invite you to review our website’s terms and conditions, and if you have any dispute regarding them, please proceed to leave the website as soon as possible.

By visiting us.aguabendita.com and/or purchasing something, you agree and consent to these Terms & Conditions (Terms of service), along with our personal data treatment (Privacy Policy), which includes the general terms on how the transactions are made once there is a purchase through this website. 

Any customer under the age of 18 must inform their parents or legal guardians. Every registry and usage inside the website must be done by a representative agreeing to the legal regime and shall share his opinion before giving authorization on managing or giving any sort of personal information. 

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that your parents or legal guardians and you have given us your consent to allow any of your minor dependents to use this site.

We invite you to review our terms and conditions, and if you have any dispute regarding them, please proceed to leave the website as soon as possible.


INTRODUCTION
For effects of the information contained in these Terms and Conditions, hereinafter the terms “platform” and “website” shall be understood as us.aguabendita.com; “The User” shall be understood as any person who enters and navigates us.aguabendita.com, purchase any items or create an account and a password by their own means and “Agua Bendita” a reference to Agua Bendita LLC.

The regulation applicable to these Terms and Conditions is the United States law, being this platform mainly addressed to residents located within the American territory.

Agua Bendita reserves the right at any time to modify or discontinue this platform service and shall not be liable to the user or to any third-party for any modification, price change, suspension or discontinuance of the Service.


MODIFICATION AND UPDATE OF TERMS AND CONDITIONS
These terms and conditions are subject to change without previous notification, and shall be applicable from the moment of its publication on our website. Agua Bendita reserves the right, at our sole discretion, to update, change or replace any part of these Terms and conditions.

Consequently, it is the User's responsibility to check and read the platform’s “Terms and conditions” (this page) and “Privacy Policy” (click here) every time the User either visits or makes a transaction on the platform. 

The user’s continued use or access to this website and services following the posting of any changes to these Terms and conditions constitutes acceptance of those changes.


ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Agua Bendita reserves the right to correct any errors, inaccuracies or omissions by mistake, and to change or update information if it is inaccurate, at any time and without prior notice (including after an order has been submitted).

Agua Bendita undertakes no obligation to update, amend or clarify information in the platform service or on any related website, including, without any limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless Agua Bendita and any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the User breach of these Terms and conditions or the documents they incorporate by reference or the User violation of any law or the rights of a third-party.


SEVERABILITY
If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.


DISCLOSURE
Agua Bendita may disclose your personal information if it is required by law to do so or if the User has violated these Terms and conditions.

The User acknowledges and agrees that Agua Bendita may preserve the User access and inquiry information, and use that information if required by law or in a good faith belief that preservation, use, or disclosure of such access and inquiry information is reasonably necessary to (a) comply with a legal process; (b) enforce this User Agreement, (c) respond to claims that any Materials violate the rights of third parties; (d) respond to requests for service; or (e) protect the rights, property or personal safety of Agua Bendita, its users and the public.


CONTACT INFORMATION
For effects of the platform usage, personal information, purchasing, or any kind of request intended directly to Agua Bendita LLC, the User can reach out to the following:

• 
Email Address: customercare@aguabendita.com.co
• What’s App: +57 314 627 7470
• Address: 5220 NW 72nd Ave #3 - Miami, Florida 33166 USA


USER OBLIGATIONS
PLATFORM USAGE
The platform is a space made available by Agua Bendita in order to inquire and get knowledgeable of the company’s brand products, so that Users may acquire them through a remote sale on the platform. Hence, the User shall be bound to use the contents in a diligent, correct, and licit manner and the User specifically commits not to be involved in the following practices:

1. To use the platform contents in a way contrary to the law, the ethics, and the generally accepted good customs or public order.

2. To reproduce, copy, represent, publish, employ, distribute, transform or modify the platform contents, otherwise conduct disposal or exploitation actions against the contents through any procedure or against any total or partial support.

3. To suppress, elude or manipulate the “copyrights” and all other intellectual property rights data owned by Agua Bendita or its holders which may be incorporated to the contents, as well as technical protection devices or any other information mechanisms which may include platform contents.

4. To employ or use the contents and, specifically, any type of information obtained through the platform or the products to distribute, disclose, send, modify, reject or report publicity or contents of the platform with the purpose of making direct sales or other business purposes; to refrain from marketing or disclosing in any way such information and products which have been made available for the users within the platform. Consequently, the User shall be entitled to download any material herein published exclusively for personal purposes but making relevant citations of sources.

5. To employ the platform and products offered on the platform for illicit purposes contrary to provisions of these Terms and Conditions, regulations in force, Agua Bendita’s rights, or third parties' rights. Likewise, any use which may damage, destroy, overload, or deteriorate the Platform or impede the regular use of the same by the Users is prohibited for damaging Agua Bendita’s rights or the interests of third parties or Agua Bendita or that may otherwise damage, destroy, overload or deteriorate the platform and the sale of Agua Bendita’s products or impede the regular use of the same and the sale of products by the Users.

6. To use fraudulent information; to impersonate; to provide false or modified information for the creation of users and passwords intended to generate the purchase of products on Agua Bendita’s platform.


PRODUCT MAINTENANCE
Agua Bendita advises the User about the washing and maintenance instructions printed on the product labels. Agua Bendita shall not take any responsibility for damages resulting from the improper handling and use of the products, including the use of incorrect maintenance methods.


PRODUCTS AND SERVICES
AVAILABILITY
Certain products or services may be available exclusively online through the website. Agua Bendita reserves the right to limit the quantities of any offered products or services and to discontinue any product at any time. All product descriptions and pricing are subject to change at any time without notice.


Agua Bendita reserves the right but is not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. This may be exercised on a case-by-case basis. 

Agua Bendita only warrants the quality of any products, services, information, or other material that is purchased or obtained on this platform.


COLORS
Agua Bendita has done everything to show to the User the most reliable and precise colors on the products. Nonetheless, these may differ depending on which screen or device the User is viewing the platform’s products. Some small color variations or other types of minor variations may occur on the offered products, resulting from the different image and display acquisition technologies or from other technical reasons. Agua Bendita does not take any responsibility for such variations and deviations.


PRICES, OFFERS, AND DISCOUNTS
Agua Bendita reserves the right to determine the price of the products and make changes to them without prior notice. Still, the amount applicable to the User's order will be the published price at the checkout. Once the User makes the payment, the order is accepted. Agua Bendita does not offer a price adjustment on purchased items whose price has been temporarily reduced after the transaction. Once an item has been purchased at a sale price with or without a discount, there will be no changes on its price or refunds of the difference between the price paid and the new one that would have been published, after its payment.

Sale tax is not included in the price expressed within the platform information. Prices are expressed in USD. Agua Bendita reserves its right to make changes of prices and products before any order is placed by the User. Once the User has placed his order, Agua Bendita shall be bound to keep the purchase conditions set forth at the time the purchase was generated on the platform. Agua Bendita reserves its right to change, limit or terminate special offers at any time.

Agua Bendita charges shipping expenses that vary depending on the destination state or country, and have been expressed in the purchase summary (checkout) at the time of acquiring the product. Such shipping expenses shall be invoiced, when required, on an independent basis and shall be specified and added up to the total price of the order.

Products under “Final Sale” identifications cannot be returned, refunded or exchanged. Discounts with promotional or seasonal coupons are not cumulative among them or any products with a discount already applied at the online store.


SALES TAX
State and local sales taxes rate and applications are determined by the destination where the products are being shipped. Taxes will be applied during the checkout and will be charged to the User’s payment method.

These terms displayed are subject to change, as the taxation of online transactions is continually evolving. Agua Bendita strives to comply with state and local tax laws as they exist currently and continues to monitor and update its taxation policies as those laws change.

Orders shipped to Florida will have all applicable local and state sales taxes added to the total order amount, and to shipping charges when appropriate.


PRODUCT OWNERSHIP / PROPERTY 
Products provided shall remain the exclusive property of Agua Bendita until the User has completely paid all the charges due in virtue of any remote purchase-sale agreement subscribed with us, including payment of shipping costs and all other expenses associated with the online purchase-sale agreement.

The purchased products will be the User’s property once the order is physically delivered to the User’s address provided in the purchase.

In case the User provides a delivery wrong address, Agua Bendita is not responsible for orders that get lost due to the customer's providing an incorrect shipping address. If the mistake is reported on time, Agua Bendita will make everything possible to re-route the order to the correct address, which depends entirely on the currier (UPS / USPS). Agua Bendita will not be held liable if this isn't possible or the packages end up being delivered to the original address.



CURRENT OFFERS
None of the current offer is combinable with other discounts, promotions, Sale events or any other offer. The value of the offers can never be redeemable for cash and can not be applied to previous purchases.

January - End of Season Sale: extra 10% off in our Sale category. This strategy will be in force on from January 13th to January 16th, 2023 in the international online store (us.aguabendita.com) and physical stores in the USA. Get 10% OFF additional on SALE references using the code: SALE10. ONLINE STORE: The garments that qualify for the benefit will be found only under the "SALE" category (us.aguabendita.com/sale). The additional discount will be indicated at checkout when entering the promotional code SALE10 and will be reflected only for the applicable garments. Items availability will be displayed on each product by the possibility of size selection and its addition to the shopping cart. This incentive is not cumulative with other discounts or promotions. Expenses and costs associated with the purchase, such as shipping, taxes, deductions, and withholdings, will be covered by the customer and informed at the time of checkout. In case of exchanges or warranties, the value paid for the garment will be recognized. If the garment is exchanged for another reference, the discount will not be retained after the end of the term of the incentive, in case the new garment to be worn is of lesser value, the customer must add another garment to complete the balance in favor and/or give the surplus if necessary. 2000 thousand units available.

Sale: up to 80% discount on selected references. Agua Bendita makes available to its customers a promotional incentive called "Sale" available in the international online store (www.aguabendita.com). The garments that qualify for the benefit will be found only under the "SALE" category (us.aguabendita.com/sale). The discount is already applied to the price of each garment. Availability will be indicated in each product by selecting the size and including it in the cart. This incentive can not be accumulated with other discounts or promotions. Expenses and costs associated with the purchase, such as taxes, deductions, and withholdings, will be covered by the customer and it will be informed at the time of checkout. In case of warranties, the value paid for the garment will be recognized. Not combinable with other discounts or promotions in store. All items in this category and/or marked as "Final Sale" are not available for returns, exchanges or refunds.

AB-Nikki Beach: Agua Bendita makes a promotional incentive called "AB-NikkiBeach" available to its customers. This strategy will be in force from DECEMBER 16th to 23rd, 2022, in our US online store us.aguabendita.com and physical stores in the USA. In physical stores, present this email and receive 30%OFF. In the Online Store, enter the coupon "ABnikki" and receive 30%OFF. AGUA BENDITA LLC reserves the right to modify or cancel coupons at any time. The promotion is limited to one coupon per customer. This coupon will not be accumulated with other discounts or promotions, and it is valid for a limited time only. Expenses and costs associated with the purchase, such as taxes, deductions, and withholdings, will be covered by the customer and informed at the time of checkout. In case of exchanges or warranties, the value paid for the garment will be refunded. If the change of the garment is for another reference, the discount will not be retained after the term of the incentive, if the new garment to get is of lesser value, the customer must add another garment to complete the balance in favor and/or give the surplus if necessary. 2000 thousand units available.

CyberMonday: Agua Bendita makes available to its customers a promotional incentive called "CYBER MONDAY" This strategy will be in force on NOVEMBER 28, 2022 in the international online store (www.aguabendita.com). CYBER MONDAY: 10% OFF on selected references using the code: EXTRA10. The garments that qualify for the benefit will be found only under the "CYBER" category (us.aguabendita.com/cyber). The additional discount will be indicated at checkout when entering the promotional code EXTRA10 and will be reflected only for the applicable garments. Items availability will be displayed on each product by the possibility of size selection and its addition to the shopping cart. This incentive is not cumulative with other discounts or promotions. Expenses and costs associated with the purchase, such as shipping, taxes, deductions, and withholdings, will be covered by the customer and informed at the time of checkout. In case of exchanges or warranties, the value paid for the garment will be recognized. If the garment is exchanged for another reference, the discount will not be retained after the end of the term of the incentive, in case the new garment to be worn is of lesser value, the customer must add another garment to complete the balance in favor and/or give the surplus if necessary. 2000 thousand units.

Black Weekend: Agua Bendita makes available to its customers the promotional incentive called "Black Weekend". This strategy will be in force from November 25th, 2022 to November 27th, 2022 in the international online stores (www.aguabendita.com and us.aguabendita.com) and in physical stores in USA.
BLACK WEEKEND: Discounts up to 60% on selected references Resort 2021 and earlier: 80% (Baskets), Summer 2021: 70% (Baskets), Special Men July 2021: 60%, Sisterhood (separate kit) 50%, Resort 22: Kezia, Varenna and Moss, Special Men Dec: 60%, Pajaro Limon (separate kit): 50%, ALL Summer 2022: Antiq, Bouk, Balam and Sunshower Thoughts, Cardumen, Menfis and Special men 50%, Streetwear 22: 50%. In ONLINE STORE: the prices published on our website - in the garments to which it applies - will already be with the corresponding percentage decrease. All the garments available on the website (www.aguabendita.com and us.aguabendita.com) from November 25th, 2022 until November 27th, 2022 apply for the benefit. The availability of each garment will be indicated on each product by the possibility of selecting the size and its inclusion in the cart. All purchases made during the Black Weekend will have free shipping. It will be reflected in the purchase summary and the checkout. This incentive in each of the selected references is not cumulative with other discounts or promotions. Expenses and costs associated with the purchase, such as taxes, deductions and withholdings will be covered by the customer and will be informed at the time of check out. In case of exchanges or warranties, the value paid for the garment will be recognized. If the change of the garment is for another reference, the discount will not be retained after the end of the term of the incentive, in case the new garment to get is of lesser value, the customer must add another garment to complete the balance in favor and/or give the surplus if necessary. 2000 thousand units available."

40% OFF for registering: Agua Bendita makes available for selected clients the promotional incentive called "40% discount registration". This strategy will be valid from October 11 to November 10, 2022. 40% OFF in the entire physical USA stores and online website us.aguabendita.com presenting or introducing in the checkout the specific promotional code provided after filling the form. This discount is exclusive for customers who sign up for the Database through the Social Media advertising or the website banner. The customer will receive the discount code in their registered email. The discount applies only to USA physical stores and USA website. The discount is not redeemable for cash. Valid for 1 single redemption per customer. This incentive cannot be combined with other discounts and/or promotions. In case of changes or guarantees, the value paid by the client will be recognized. Once the strategy is finished, the discount is not sustained.

20% exclusive discount during the month of your birthday: Available only for clients in the Agua Bendita database with prior registration. Exclusive Benefit in Online Store us.aguabendita.com To redeem the discount, the customer must enter the code that arrived in the Birthday mail. This discount cannot be combined with other discounts or promotions, nor can it be exchanged for cash. Does not apply to special collaborations with other brands and / or special launches. Valid for (1) redemption in the month of your birthday. Promotional garments do not have change only for guarantee. For reference changes, the discount is not maintained, the amount paid by the client will be recognized.

15% discount for customers who respond to the Care Survey: This strategy will be in effect from July 28 to August 31, 2022 in the online store us.aguabendita.com. Identification of the incentive: We give you a 15% OFF bonus to purchase in our online store. Exclusively for selected clients who will receive the communication from the brand. This discount is not redeemable for cash and must be used all in 1 single purchase. Valid for 1 single redemption. The bonus will be linked to the email of the selected person. Non-transferable bonus.

Be an #ABgirl: For having filled out the form in Social Networks (FB / IG) with your data, receive a 40% discount. Code available for single use only. Offer valid for 30 days from today, for your next purchase in the Online Store us.aguabendita.com. Only one code is allowed per order. The discount is not redeemable for cash and does not apply to previous purchases. It cannot be combined with other offers or discounts.

PAYMENT AND PURCHASING
PAYMENT METHODS
Agua Bendita offers the following payment methods:
• American Express
• MasterCard
• Visa
• Discover Network (including Diner's Club)

• Sezzle: Buy now, Pay Later. See how it works Here.
• Catch: Earn 10% store credit for your next purchase. See how it works Here.
• PayPal
• Amazon Pay

• 
Shop Pay (only applicable when is previously set up in the Browser)
• Apple Pay (only applicable when is previously set up in the Browser)
• Google Pay (only applicable when is previously set up in the Browser)
• Meta Pay (only applicable when is previously set up in the Browser)

Payments are operated through Shopify Payments (credit cards), Catch, Sezzle, PayPal, Amazon Pay and ShopPay gateways. Agua Bendita does not accept checks, cash, money orders, or COD as payment.

It should be expressed that the User, at the time of paying the purchase through a credit card, uses and accepts Shopify Payment’s terms of service which can be found here.  

Agua Bendita’s platform allows the User to use an online transaction service owned by a third party for processing such payments. PayPal, Amazon Pay, and ShopPay are external services contracted because they offer the necessary technological infrastructure and PCI DSS certification so that payment information is kept secure. 

When the User purchases through Catch, Sezzle, PayPal, Amazon Pay, ShopPay, after presenting the purchase summary during the sale process, shall leave Agua Bendita’s platform for a short time- period, and then access it again when the User gets to know the payment status (rejected or approved). The customer should register on the Catch / Sezzle / PayPal / Amazon Pay / ShopPay platform, and once registered, the customer should be able to make a purchase. During this entire period, the applicable terms and conditions to the payment transaction (personal data for processing the payment, such as the credit card number, among others) that shall govern are the ones from the third-party payment platform, which can be validated directly on their websites:

• Amazon Pay: pay.amazon.com/help/201212430
• Catch: catch.co/legal/terms 
• Sezzle: legal.sezzle.com/user
• Shop Pay: shop.app/terms-of-service
• PayPal: paypal.com/co/webapps/mpp/ua/useragreement-full

After the payment is completed, the customer will be redirected again to us.aguabendita.com and the order will be confirmed.



LEGALIZATION OF ORDERS
Once the payment has been confirmed, Agua Bendita shall send the User an email confirming the detailed information of the purchase and the order number. This email represents the order has been legalized, received, and that it is soon to be processed. The User shall later receive a notification email updating the order status and the shipping tracking number.

By completing the payment and purchase, the User accepts the product’s paid price. Agua Bendita will not be responsible for discount/coupon codes not applied by the User when placing the order. Once the purchase has been legalized, Agua Bendita will not modify the purchase amount/paid price nor later apply coupon/discount codes.


ORDER CANCELLATIONS OR MODIFICATIONS
When the User needs to request any shipping address change, the request can be placed by emailing customercare@aguabendita.com.co and indicating the order number and the full new address. 

Agua Bendita cannot partially cancel items, or change sizes or quantities. If the User made a mistake when purchasing or if for any other personal reason needs a complete order cancellation, the request can be placed by emailincustomercare@aguabendita.com.co and indicating the order number.

Both, the order cancellation and shipping address change, depend on the order’s internal status. Since Agua Bendita does its best to process and ship orders as soon as possible, is not guaranteed that the request will be successfully completed.

Agua Bendita’s customer care team will contact the User via email in 1-2 business days to notify if it was possible or not to cancel the order or modify the shipping address.

If an order cancellation request cannot be successfully completed, the User can always request a return once the order is delivered. The return policy can be checked here.

If an address shipping change request cannot be completed, it’s the User's responsibility and Agua Bendita cannot be held liable.

DELIVERIES
Agua Bendita shall deliver the User’s order at the exact address provided by the User for such a purpose within the United States territory. Agua Bendita can only make the delivery at the exact address corresponding to the User’s domicile address or his/her place of work. Deliveries shall be made on business days, except for holidays.

Agua Bendita cannot deliver the order to different addresses or on different dates. Each delivery of each order conducted by the User shall constitute an independent remote purchase-sale agreement. If Agua Bendita fails to deliver the order on time or any of the deliveries appear to be incorrect, that is, it does not match the products chosen by the User within the platform, this shall not entitle the User to cancel the order.

In case the User provides a delivery wrong address, Agua Bendita is not responsible for orders that get lost due to the customer's providing an incorrect shipping address. If the mistake is reported on time, Agua Bendita will make everything possible to re-route the order to the correct address, which depends entirely on the currier (UPS / USPS). Agua Bendita will not be held liable if this isn't possible or the packages end up being delivered to the original address.

 

PERSONAL INFORMATION

The User submission of personal information through this platform is governed by our Privacy Policy. To view the User’s rights under the California Consumer Privacy Act and our Privacy Policy, click here.

CONTACT INFORMATION
For effects of the platform usage, personal information, purchasing, or any requests intended directly to Agua Bendita LLC, the User can reach out to the following:

• Email Address: customercare@aguabendita.com.co 
• What’s App: +57 314 627 7470
• Address: 5220 NW 72nd Ave #3 - Miami, Florida 33166 USA