THE WEBSITE WWW.ESKANDUR.COM (the “Website”) is an online platform, the main purpose of which is to facilitate the sale of leather goods, accessories and other merchandise ("Product(s)").
APPLICABILITY OF THESE TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern and are applicable to the Website and your use of it. It is important to note these Terms shall be deemed to apply to anyone viewing this Website and not only to those who are registered with or purchase Product(s) from us.
PARTIES TO THE TERMS
“We”; “Our”; “Us”; or a similar reference refers to ESKANDUR, which is registered in Mexico. We own and manage the Website. The terms “you”; “your”; or a similar reference refers to you as a user of the Website
OFAC AND SANCTIONED COUNTRIES STATEMENT
We and the Website do not and will not interact with, nor do we or the Website wish to interact in any way with, any of the following: any individual, user, or entity that is under international sanctions (whether trade, military, economic or otherwise) by an international, national, or regulatory authority. If you are a sanctioned individual, a citizen, resident, governmental/public entity (or entities), or private entity (or entities) of or registered in a sanctioned country or entity or region, or regularly have interactions with sanctioned individuals or entities, DO NOT use the Website. We and the Website do not and will NOT interact or provide any services or product(s) to any of the OFAC (Office of Foreign Assets Control) sanctioned countries or individuals, in accordance with the law of Mexico.
Before making any purchase, we advise you to review all aspects of the Product(s) and obtain a full and complete understanding of the Product(s) and the Terms. By using the Website and/or purchasing one or more Product(s), you agree that we will not be liable or responsible in any way for any failure to read and/or understand the Product(s) and the Terms. Purchases of Product(s) may only be canceled in accordance with our Cancellation Policy. Each Product(s) is subject to further terms and conditions, and we advise that you carefully read the specific terms or conditions of the Product(s) prior before completing your purchase. You will be bound by these Terms and the specific terms of the Product(s). If there is any inconsistency between the specific terms of purchase relating to the Product(s) and these Terms, the specific terms of the Product(s) will prevail. Accordingly, we have no liability whatsoever for any Product(s).
MAKING A PURCHASE
You do not need to be registered to make purchases on www.ESKANDUR.com. You can either create an account, use a social login or proceed using our guest checkout. However, we do recommend that you create a personal account to access the exclusive areas and services dedicated to our customers. When you make a purchase through the Website, you are offering to buy Product(s) for the price stated, subject to these Terms. All orders are subject to our acceptance and the availability of the Product(s).
PLACING YOUR ORDER
Your order is placed for any selected Product(s) by clicking on the “Pay Now” button at the end of the online order process. Once you have placed your order, you will receive an email acknowledging your order’s exact details. Unless otherwise notified, our acceptance of your order occurs when you receive an email notifying you that we have dispatched the Product(s) as ordered by you and as noted within that communication. Acceptance will be deemed to have occurred at the time and date when this communication is sent, regardless of any technical problems you may experience, where the reasons are outside our control, and which may result in you not receiving the notification email in a timely manner. Please note that, although the Website includes information for both available and unavailable Product(s), you may only purchase available Product(s). However, there may be occasions, due to circumstances beyond our control, where the Product(s) that you order are or become unavailable. In this case, the unavailable Product(s) will be canceled from your order and this cancellation will be communicated to you. You will not be charged for Product(s) that become unavailable after placing your order.
We may not accept your order if (without limitation):
- Product(s) you have ordered is out of stock.
- We are unable to obtain authorization for your payment.
We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
The currency available on the Website is United States Dollar (“USD”). The prices of the Product(s) featured on the Website include any import duty and taxes for your delivery country. Product(s) prices are set using currency exchange rates as they exist at the time of pricing. These rates are subject to variation and may go up or down; therefore, prices are subject to change if the applicable currency exchange rate changes before your order is accepted. All pricing will be honored as advertised unless it is clear that the listed price is a mistake, omission and/or incorrect. Whilst every effort is made to make sure details on the Website are accurate, if we discover an error in the pricing of Product(s) in your order, we will notify you as soon as possible. We shall be under no obligation to accept or fulfill an order for Product(s) that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you have already paid for the Product(s), we shall refund the full amount. In the event that Product(s) are recalled in transit, we will process your refund once the Product(s) have been returned and accepted by us.
The Website’s e-commerce function can be used by those who have been issued a valid payment method, i.e. a credit card, debit card, etc., and who authorized us to process a charge or charges via their payment method in the amount of the total purchase price for the Product(s) (“Online Payment Method”). All Payment Methods, their owners, and their authorized users are subject to validation checks and authorization by us, our payment services provider, and/or the issuer of the Online Payment Method.
- Terms of Sale for Payment Methods
All orders are processed for delivery upon order confirmation and payment authorization for online payment purchases. If you’re an international customer, the order and payment confirmation will allow ESKANDUR to obtain the Certificate of Origin from the Authorities and benefit importation tariff preferences. To do so, ESKANDUR and/or Customs may ask for your IRS, EIN, SSN or your legal TaxID number before authorizing delivery to your address. Therefore, orders will be processed within two working days and delivered within three to seven working days. No deliveries shall take place during the weekend, which is agreed to be Saturday and Sunday. We will retain a proof of delivery receipt that contains your confirmation of delivery. We recommend that you also retain proof of delivery for your own records.
PASSING OF PROPERTY AND RISK
We retain legal ownership of the Product(s) until full payment has been made and such payment has been accepted. Legal ownership of the Product(s) will immediately revert to us if payment is refunded to you for any reason. Any risk associated with the Product(s) will pass to you upon delivery.
We want you to enjoy your Product(s) for as long as possible. For questions, comments, or conceTrns regarding Product(s) care and maintenance, we have representatives available through email at info@ESKANDUR.com. Both Parties agree that we shall not be liable for any information provided or for your interactions with third party providers or services, regardless of whether such as been recommended or referred by us.
SHIPPING & DELIVERY
All orders offer International Free Shipping.
All orders are processed for delivery upon order confirmation and payment authorization for online payment purchases. If you’re an international customer, the order and payment confirmation will allow ESKANDUR to obtain the Certificate of Origin from the Authorities and benefit importation tariff preferences. To do so, ESKANDUR and/or Customs may ask for your cell phone number, IRS, EIN, SSN or your legal TaxID number before authorizing delivery to your address. Therefore, orders will be processed within three business days and delivered within two to seven business days. Orders are delivered during business hours (8am – 6pm CET, Monday – Friday). No deliveries shall take place during the weekend, which is agreed to be Saturday and Sunday. We will retain a proof of delivery receipt that contains your confirmation of delivery. We recommend that you also retain proof of delivery for your own records.
Please note that due to weather disruptions, carrier and shipping concerns, deliveries may experience delays of up to two business days. Allow for additional shipping time to ensure your order is received by the desired date.
The delivery options for your destination are displayed at checkout. We require a signature for all orders, so delivery to PO Boxes, Army Post Office (APO) and Fleet Post Office (FPO) addresses is currently unavailable.
Delivery times are based on the time your package is sent and should only be used as a guide. All ESKANDUR packages are sealed. ESKANDUR cannot take responsibility for customs clearance sealing break delays or failed payments, although we'll try to minimize any potential delays.
Please keep with caution every shipping documents including but not limited to: Invoices print(s), certificate of origin, shipping label(s), etc.
Duties and taxes
All ESKANDUR product(s) will be shipped to a Delivery Duties VAT Paid by ESKANDUR basis, which means that import taxes and duties, if applicable, will be covered by ESKANDUR. However, in regards to the complexity of each region’s customs duties and tariffs requirements, ESKANDUR will not be liable for any delay, non-delivery, or any charges incurred. In some countries, use of this rule is prohibited. Some taxes may only payable by a locally-registered person and/or business entity, so there may be no mechanism for ESKANDUR to make payment.
If you’re an international customer, ESKANDUR and/or Customs may ask for your cell phone number, IRS, EIN, SSN or your legal TaxID number before authorizing delivery to your address. You will usually have one week to provide this information before your order is returned to its original location.
If your product was retained at customs, you will not be able to cancel the purchase until you meet the requirements of the Tax Authorities, or until you request the return of the package to its place of origin with the corresponding mail company.
If you receive an alert about claimed procedures, either through the courier services or a customs broker, and you don't respond within the designated statutory time frame, or even if you start to come to an agreement but fail for whatever reason, ESKANDUR will consider the transaction completed for all purposes and you will not be able to request a refund.
If your order is detained at customs, please respond to communications from the courier services or any customs representative in an efficient manner and contact ESKANDUR Customer Service as soon as possible.
RETURNS AND REFUNDS
Satisfaction is always our top priority and as such each query is addressed individually to the best of our ability. If you are not happy with your purchase, you may obtain a full refund or exchange (subject to availability). The refund, if approved, will be processed within 10 to 45 days from the date we receive the returned Product(s).
Provided you inform us of your reason for a refund within 24 hours (to impede any Phygital NFT ownership transfer to the blockchain which can’t be revoked) from when you receive the Product(s), a refund may be considered in the following cases:
- The wrong Product(s) was sent by us.
- The Product(s) was significantly defective.
- The Product(s) was materially damaged in shipping.
- The Product(s) was materially tampered with during transit.
If your refund is approved, the full amount (excluding VAT, customs import and delivery charges) will be returned to you via your original Payment Method only. Refunds via your Payment Method will be processed within 10 to 45 days, depending on the internal policies and procedures of your Payment Method’s issuer. Please be aware that to receive a refund, the Product(s) must be unworn, unused and in the same condition as received by you, with all labels attached and in the original packaging. All returns should be sent back in the original packaging provided at delivery. Please ensure when returning the parcel that the packaging is properly protected. Where provided, any packaging, such as Product(s) certificates, dust bags and leather tags, must be included as part of your return. We will not accept returns that do not adhere to the specified conditions outlined.
Duties and taxes
Please refer to your region customs duties and local taxes and make sure you have the rights to export your ESKANDUR product(s) (Apron tariffs 420340; Garment Bag tariffs 420291) to Mexico.
Depending on Mexico import requirements and your own region export requirements, you may need to provide Eskandur - Return Letter.docx signed and dated in Spanish and English respective versions, personal information and comply with the above requirements including but not limited to: Provide Invoices print(s) in several copies, certificate of origin that has been sent to you, shipping label(s) to customs and pay charges incurred during the exportation. You will be liable for any delay, non-delivery, or any charges incurred during the exportation of any ESKANDUR product(s) from your region’s customs duties and tariffs requirements to Mexico.
Purchases may be canceled if you notify us within one hour of placing your order. If you wish to cancel your order, please contact us at info@ESKANDUR.com. Requests for cancellation that are placed more than one hour after placing an order will not be accepted. We are not obligated to cancel any purchase and any cancellation is solely at our discretion.
An NFT is a digital media that can be owned, sold & traded. Ownership and transfer of an NFT is secured by the Polygon blockchain, which ensures that one NFT only has one owner at any given time, and that nobody can modify the history of the token's ownership. NFTs typically contain references to digital files such as photos, videos and audio. In this case, the NFT will serve as applicable as a Digital Certificate of Authenticity for The ESKANDUR Collection and a key to exclusive events and opportunities.
To redeem an Eskandur phygital (physical+digital) product, you will need to create a crypto wallet such as MetaMask, connect your wallet to Opensea.io website and supply the wallet address/ID in the supplied field during checkout (must be Polygon compatible wallet). After purchasing an item from ESKANDUR.com website and holding it through the return window, ESKANDUR will transfer the NFT to your wallet, please note that you might incur gas fees (transaction costs). Please note that if you return the physical product, you will not be entitled to claim the NFT.
Disclaimer: ESKANDUR will never ask you to share private keys, send any funds, or transfer NFTs. Eskandur NFTs associated with The ESKANDUR Collection will only be available for customers who have purchased physical items. Never click links sent to you via direct messages on Instagram, Twitter, or other channels. Never connect your digital wallet to websites sent in direct messages. ESKANDUR or any of the partners will never contact you directly to offer support. Only trust official information published on the official ESKANDUR website or official ESKANDUR email.
Through the Website, you may view and purchase Product(s) for delivery. You must complete the registration on the Website by providing your information prior to purchasing any Product(s). Please ensure this information is accurate and truthful. If your registration information changes in the future, please use the option available to amend your details. You will also have the option to amend your user account details on the Website through your personal account page. Upon successful completion of your registration, you will be provided with a username and password. It is your responsibility not to share this information with anyone and to ensure your user name and password are kept confidential. Registration is restricted to one registration per user and is not transferable to any third party. Upon registration, you agree to receive emails from us, which include but are not limited to, newsletter(s), information relating to our Product(s), advertisements of our Product(s), your confirmation and registration on the Website and confirmation of your purchase of any Product(s). In the event you lose the details to your username and password for the Website, please notify us immediately. You may not use the Website for any purpose that is unlawful or is prohibited by these Terms. You may only use the Website to review information about the Product(s), contact us or make legitimate purchases. You may not use the Website to transfer viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation, or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane material or any material that will constitute or encourage conduct that would be considered a criminal or civil offense or otherwise violate any law. We retain complete access rights to the Website and all accounts, including but not limited to terminating or restricting your access to the Website without reason, advance notice, limitation or liability, or to decline or remove a user account registration and/or not to accept or decline requests or orders for Product(s).
Minors under the age of 18 are prohibited from registering as users of this Website and are not allowed to transact with or use the Website.
YOUR REPRESENTATIONS AND WARRANTY
When you use this Website, you make the following representations and warranties to us:
- You are at least 18 years old, are legally allowed to view the Website and transact via the Website (if and as required);
- You have provided valid, true and accurate information at the time of your registration on the Website;
III. You consent to your registration information being used for the purchase of Product(s) and as detailed elsewhere in the Terms;
- That you will use the Website for your own personal use only and in accordance with the Terms;
- That the security of your username and password on the Website shall be your sole responsibility and you will immediately notify us if you lose your username and password for your user account or it otherwise becomes compromised in any way;
- You do not intend nor will you attempt to interrupt, interfere or act in any manner whatsoever that may be contrary to the Terms or the laws of Mexico;
VII. You will not commercialize the Product(s);
VIII. It is your responsibility to ensure you understand all aspects of any Product(s) you purchase, prior to making any purchase. Once a purchase is made through the Website, any cancellations shall be in accordance with the Cancellation Policy in these Terms. A purchase is complete once you submit your order and we receive your payment, irrespective of whether or not you subsequently receive, use or want the Product(s);
- Downloads from the Website are not permissible
- You are solely responsible for any disclosures of information you create or initiate regarding the Product(s);
- We do not make any guarantees or representations about the quality, timeliness, safety or delivery of the Product(s) and you agree that we are relieved and indemnified from any issues or claims from you with anything related to the Website or Product(s); and
XII. The accuracy of the purchases you make via the Website is your sole responsibility.
The entire content of the Website, including but not limited to content, designs, graphics, photographs, videos, interactive presentations, logos, text, arrangements and layouts, are our sole and exclusive property or are licensed to us and all rights are reserved. All trademarks and trade names, including ESKANDUR, www.ESKANDUR.com, www.instagram.com/ESKANDURworld/, www.facebook.com/ESKANDUR, www.tiktok.com/@ESKANDUR, www.pinterest.com/ESKANDUR, www.linkedin.com/@ESKANDUR and all other derivatives thereof, including the trademarks appearing on the Website, are proprietary to us and may only be used by licensees to whom we specifically grant or license such rights. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property of the Website, or help a third party to do so, without our prior written consent.
All information contained in this Website, including photographs and descriptions of Product(s) (“Website Materials”) are by way of illustration purposes only and are subject to change or may vary slightly upon delivery. By using this Website, you waive any claim against us for any inaccuracy in the Website Materials.
LIMITATION OF LIABILITY
In no event will our collective liability or the liability of our employees, lawful agents, managers, directors, shareholders, or service providers exceed the amount of 20,000 MXN in the aggregate, which includes any award for attorney’s fees and costs. This limitation of liability applies to any action, regardless of the party or parties that initiated it and whether the form of action is in contract, tort, or otherwise, and shall apply to the fullest extent possible under the law of Mexico. In any case or action initiated by any party under any legal theory, we, our employees, lawful agents, managers, directors, shareholders, and/or service providers will not liable for damages of any kind, including but not limited to, actual, indirect, special, incidental, consequential, punitive, loss of income, revenue, or profits; loss of actual or anticipated business, loss of goodwill, data, or use; and damages associated with personal injury, emotional distress, pain and suffering, and injury to morality or reputation; whether caused by breach of contract, tort, or otherwise, and regardless if such damage or loss was foreseeable or not.
The above does not affect any liability that cannot be limited or excluded under Mexico law.
You agree to hold us, our employees, managers, directors, lawful agents, and shareholders harmless and to defend and indemnify the same from and against any claim, action, liability, damage, loss, judgement, award, cost, expense or reasonable attorney’s fees that arise out of or are related to any violation of these Terms by you or your lawful agent.
WAIVER AND SEVERABILITY
Any waiver by us of any term or condition set forth in these Terms shall not constitute a continuing waiver of such term or condition, and any failure by us to assert a claim or right under any provision of these Terms shall not constitute a waiver of the same claim or right. If a Mexico court finds any part of the Terms unenforceable, invalid, or illegal for any reason, then such part shall be deemed removed and the rest of the Terms shall continue to be in full force and effect to the fullest extent permissible by the applicable laws of Mexico.
These Terms may be changed or updated without notice to meet ours or regulators’ requirements and standards, or to comply with applicable law. Therefore, you are encouraged to visit these sections frequently in order to remain updated about the changes on the Website. Modifications will be effective on the day they are posted. We may also modify these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with the Terms as changed. Any changes made after you have placed an order with us will not affect that order, unless we are required to make the change by law. Otherwise, any change(s) becomes effective on the date it is posted on the Website.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Mexico, irrespective of any conflict of laws principles. Mexico is our country of domicile. You irrevocably agree to waive any claim you may have regarding jurisdiction, inconvenient forum or venue, and agree to the personal and exclusive jurisdiction of the Courts of Querétaro in Mexico whose judgment is full and final.
You are using the Website at your own risk. We do not make any warranties or representations, whether express or implied, arising out of law or otherwise in relation to the accuracy of the content on the Website or the quality of any Product(s), and we assume no liability or responsibility for any errors or omissions in the content of the Website or in respect of any other issue with such goods, services or activities. We may make changes to the content or material in the Website without any prior notice. We are not under any commitment to update any content or material on the Website. We reserve the right at all times to disclose any information that you may provide to us through the Website to our legal representatives and advisors and any governmental or federal authority in Mexico, without any prior notice or prior consent requirement. We shall not be held responsible or accountable to you or any third party relying on you and you agree to fully indemnify us for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that may be suffered by you through use of this Website or the purchase of Product(s). We shall not be liable for any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Website and/or any External Sites. You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Website.
If you require help when ordering or would like to provide feedback on our service, please email us at info@ESKANDUR.com.