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Terms of service

It is necessary that every user before registering read these terms and conditions carefully for their understanding and approval. Ignorance of these terms and conditions does not justify non-compliance with them, nor do they authorize consumers to take particular or legal measures that are unaware of what is stated in these terms.

Dos Jotas Cigars has the power to modify the terms and conditions of use at any time. Dos Jotas Cigars will notify its registered users with immediate effect, via email or any other means that they have placed in their application for registration. The simple access and therefore use of the website, constitutes the tacit and unrestricted acceptance and recognition of each and every one of the conditions of the website itself, including without being limited to changes in the terms and / or conditions of use of said site Web. Using or accessing this page implies acceptance of these terms and conditions, as well as the terms on the content of the page and use, copyright notices, privacy policies and security terms, detailed within it. If the user does not accept these terms and conditions or the privacy policy, they are requested not to continue using the page.

www.dosjotas.do also referred to as THE PORTAL or web site, is not responsible in the event that users use the services without reading.

  1. ORDER PROCEDURE AND GENERAL CLARIFICATIONS

1.1.1. EL PORTAL offers an intermediation service. The user agrees to take particular care in providing personal data, which must be complete and true at the time of placing the order. Likewise, the user must guarantee that the data of his debit or credit card that he supplies are his property and that he has sufficient funds to make the payment, when this is the preferred method. We do not offer services to children under 18 years of age.

1.1.2. When the user orders through the portal, they must provide an email address.

1.1.3. The user agrees to pay the order of the address from the moment they receive the order confirmation email. After such reception, there will be no reason why the client can refrain from making the payment corresponding to the transaction made.

1.1.4. There are cases in which the request can be rejected; In this case, the client will be duly informed and one of the following reasons will be provided:

1.1.4.1. The user entered incorrect or incomplete data.

1.1.4.2. Address outside the delivery polygon.

1.1.4.3. Dos Jotas Cigars closed.

1.1.4.4. It was not possible to communicate with the user to notify him of any inconvenience.

1.1.4.5. Canceled by user request.

1.1.4.6. The product is not available.

1.1.4.7. Other.

1.1.5. Once the message is received, an attempt will be made to contact the user to ask if they want to place a new order or make any other viable modification.

1.1.6. Shipments:

1.1.6.1. Our online store receives orders 24 hours a day, 7 days a week.

1.1.6.2. Shipping hours are Monday through Friday from 10:00 AM to 05:00 PM. If your order is received after 3:00 pm it will be dispatched within 48 business hours.

1.1.6.3. Free shipping is limited to the National District, from North to South we cover from Arroyo Hondo to George Washington Avenue and from East to West we cover from Máximo Gómez Avenue to Luperón Avenue.

1.1.6.4. Shipments outside the perimeter detailed above will have an additional cost.

1.2. PRICE OF PRODUCTS AND SERVICES

1.2.1. The price of the products and / or services will be presented by THE PORTAL before the transaction is accepted by the client. Said price will include all possible surcharges for taxes and delivery charges that are applicable to each transaction. The price will be duly discriminated so that the consumer knows exactly the concept of each of the different items that he is going to pay.

1.2.2. The user must make his payment online before the delivery of the order to ensure the online payment; the user must provide the debit / credit card details. Likewise, the user's bank entity may monitor the transfer to ensure the process.

1.2.3. The client must sign as received the copy of the invoice delivered by the delivery or courier. If the messenger presumes that the recipient may be a minor, he will require the presentation of his identity card.

1.2.4. After having concluded with a payment, the money cannot be refunded or credited to your card; neither can a tax receipt be made. If you want tax proof in your invoices you must enter the name and number of the company or person before ordering.

1.2.5. Cigarros Dos Jotas does not store credit card data, in case the client grants permission to do so, our online platform will store their data.

1.3.USE OF THE MATERIAL

1.3.1. The users of the PORTAL may access the services offered through it; Exceptionally, orders can also be processed by telephone, by contacting any of the numbers that appear referred to on the website.

1.3.2. THE PORTAL authorizes users to consult, review and use the material found on the Web Site, solely for their personal and non-commercial use. The content of this Web Site, including but not limited to the texts, graphics, images, logos, icons, software, programming codes and HTML, and any other material, which hereinafter will be referred to as The Material, is protected under Dominican copyright laws, industrial property laws and other applicable laws. All Material is owned by Dos Jotas Cigars or its suppliers or clients. The unauthorized use of the material may constitute a violation of Dominican or foreign laws on copyright, industrial property laws or other laws. No user may sell or modify the Material in any way or perform or publicly advertise the Material or distribute it for commercial purposes. Any unauthorized use will be presumed as improper and may be sanctioned by law.

1.4. AUTHORIZED USE OF THE PORTAL

1.4.1. www.dosjotas.do is a portal to sell cigars and accessories online with delivery (home delivery service).

1.4.2. Dos Jotas Cigars has its own warehouse from where the orders will be distributed within the geographical limits set in point 1.1.6.3. of this contract.

1.4.3. Dos Jotas Cigars will always do its best so that once the order has been confirmed it arrives in accordance with the contracted specifications, including the exact price of the products, the payment method, the products purchased, their size and the other characteristics offered. through advertising and information provided to consumers, prior to accepting the order.

1.5. Return Policy

1.5.1. No refunds. Every sale is final. Dos Jotas Cigars grants a period of 24 hours for the consumer to report any defect of conformity in the good from its reception through the courier or delivery.

  1. GENERAL RULES

Users may not use the Web Site for the purpose of transmitting, distributing, storing or destroying material (i) in violation of any applicable law or regulation, (ii ) in a way that infringes the laws on copyright, industrial property, trade secrets or any other intellectual property right of third parties or in a way that violates the privacy, publicity or other personal rights of third parties, or (iii) in a way that is defamatory, obscene, threatening, or abusive. This is without prejudice to particular rules on the matter that are mandatory in each of the legal systems corresponding to the territories in which Dos Jotas Cigars will provide its service.

2.1. SAFETY RULES

2.1.1. Users are prohibited from violating or attempting to violate the security of the Web Site. Specifically, users may not (i) access information that is not directed or authorized to said user or access servers or accounts to which the user is not authorized to access, (ii) try to test the vulnerability of a system or network without due authorization or violating security or authentication measures, (iii) attempting to interfere with the services provided to a user, server or network, including but not limited to sending viruses through the Web Site, (iv) sending email not requested, including promotions and / or advertising of products or services. Violation of any security system or net can result in civil and criminal liability. Dos Jotas Cigars will investigate the occurrence of events that may constitute violations of the foregoing and will cooperate with any competent authority in the prosecution of users who are involved in such violations. (v) impersonate the identity of other users or of natural or legal persons of any kind. (vi) provide incorrect, incomplete or false identity information. (vii) Under no circumstances will the action of placing false orders - also known as hitting - be tolerated, which will be reported and will be subject to the applicable legal prosecutions.

2.1.1.1. The Web Site can be used only for legal purposes. THE PORTAL prohibits the use of the Web Site in any of the following ways:

  1. Include in the Web Site any false or inaccurate information about products to be sold or offered, or information that does not correspond to the reality.
  2. Include in the Web Site any franchise rights, pyramid scheme, club or group membership, sales representation , commercial agency or any business opportunity that requires an advance payment or periodic payments, requesting the recruitment of other members, sub-distributors or sub-agents.
  3. Delete or review any material included in the Web Site by any other person or entity, without due authorization. span>
  4. Use any element, design, software or routine to interfere or attempt to interfere with the proper functioning of this Web Site or any activity that is carried out on the Web Site.
  5. Attempting to decipher, compile or disassemble any software included in the Web Site or that in any way is part of the Web Site.
  6. As already mentioned, it is strictly forbidden to include false, inaccurate, incomplete, incorrect or misleading information on the Web Site. < / span>

2.1.1.2. The passwords, passwords, users and other information required to access the Portal are personal and non-transferable and cannot be shared with anyone. Only the directly authorized person, who has consented to the terms and has duly registered, can make use of said information and access the Portal. Each user is responsible for maintaining the confidentiality of their password and for all uses of their registration on the Web Site, whether or not they are authorized by the user. In the event of any irregularity, the user agrees to immediately notify Cigars Dos Jotas about any unauthorized use of their registration and password or password

2.2. USER INFORMATION

2.2.1. Each time a user registers on the Web Site, they will be asked to provide Dos Jotas Cigars with certain information, including, but not limited to, a full name with surname, telephone number, date of birth, a valid email address, valid delivery address. Said user when registering admits that all information is true and that he is of legal age under the laws of the Dominican Republic, that is, he is at least 18 (eighteen) years old.

2.2.2. Given that THE PORTAL cannot verify the information provided by users, in particular, the veracity and timeliness of the same, it is the obligation of each user to supply true, complete, verifiable and real information, and it will be the responsibility of each user, exclusively , the legal or extra-legal consequences that may be generated on the occasion of the information provided. Dos Jotas Cigars is released from any patrimonial consequence that eventually remains in charge of a user who violates this obligation.

2.2.3. All information that is supplied by users or clients will be stored in an external server and a back up in the system. It will be kept indefinitely and in accordance with current data protection laws, no natural or legal person will have access to this information, other than the personnel authorized and designated by THE PORTAL, unless there is a clear authorization by the user to convert the information in public or allow access to it by other natural or legal persons.

2.2.4. THE PORTAL will use all possible means to ensure the security and privacy of the information.

2.2.5. Each user is responsible for their own communications and information and for the consequences of including or placing such information or communications on the Web Site. No user may: (i) include or place on the Web Site material that is protected by copyright laws, unless they are the owner of such rights or have obtained permission from the owner of such rights to include such material in Web Site, (ii) include or place on the Web Site material that reveals industrial or commercial secrets, unless you are the owner of the same or have obtained authorization from the owner, (iii) include on the Web Site material that from any form may imply a violation of intellectual or industrial property rights or any other right, (iv) include material that is obscene, defamatory, abusive, threatening or offensive to any other user or any other person or entity, (v) include in the Web Site images or statements that are pornographic or that include explicit sex or that are considered child pornography (vi) include or place on the Web Site advertising or advertisements without the proper authorization of Dos Jotas Cigars, letter chains, viruses, Trojan horses, time bombs or any computer program or tool with the intention of damaging , interfere, intercept or hijack any system, data or information.

2.2.6. The personal data requested and / or provided by all identified or identifiable persons due to the use of the website www.dosjotas.do. Due to the request or contracting of our products and / or services, they are treated as responsible by Dos Jotas Cigars, with address at Calle Font Bernard, No. 11, Edificio Empresarial Jireh, 4to. Nivel, Los Prados, Santo Domingo de Guzmán, National District, Dominican Republic Tel .: (809) 540-6891; in compliance with the provisions of the Law on Protection of Personal Data No. 172-13 of the Dominican Republic and that which is necessary, adequate and relevant with the following primary purposes:

2.2.7. Creation and, where appropriate, updating of our databases.

  1. Participation in any kind of contests, raffles, advertising campaigns and other similar or similar products in which Dos Jotas Cigar products participate , either at the national or local level, including those that require authorization or permission from the competent authorities.
  2. Pick up your order and delivery of the product (s).

iii. If applicable, notify you about the current status of your order and / or merchandise.

  1. Complete the payment process and the corresponding billing, if required. li>
  2. Answer questions, complaints, comments, suggestions, clarifications and follow up on them. li >
  3. Quality of products and / or services.

vii. Where appropriate, to affiliate you with our programs and / or client plans, and to update both your Personal Data and the additional data required for them.

viii. Monitor any phone call made with the customer.

  1. Comply with the requirements of the relevant competent authorities.
  2. For purposes of internal or external audits or requirement of competent authority.

2.2.8. We may process your personal identification data for the secondary purposes listed below:

  1. Send you promotions, publicity, benefits and discounts of products and / or services of Dos Jotas Cigars and those companies belonging to the same corporate group as subsidiaries, affiliates, affiliates, subsidiaries or controllers and even third parties that are our business partners.
  2. To know your commercial and product purchase preferences to offer you those products that are adapted to them. span >

iii. Prepare marketing studies, market segmentation, statistics and other marketing.

  1. Invitation and / or participation in launches of new products, plans, programs, promotions, events, contests, raffles and activities in social networks, website, points of sale, mobile application, call center, etc., in which, as part of the mechanics and / or participation bases, we could ask participants and / or contestants for images and / or photographs and / or videos of themselves to be published in any electronic and / or digital and / or printed media and / or any mass media, which, but not limited to, could be on television, radio, internet, magazines, newspapers , etc. In your case of being the winner, we may contact you for the delivery of the corresponding prize and we may publish personal and / or sensitive data such as your name, images, photographs, videos of you in any electronic and / or printed and / or digital media and / or mass media to demonstrate such delivery, including before the competent authorities. When the awards are delivered through a third party, you authorize us and we may transfer your personal data with said third party to contact you and / or deliver the corresponding award, including to the corresponding authorities. li>
  2. Send you commercial, service communications and any other of those mentioned here, among which are indicated in an illustrative but non-limiting way welcome letters, notices and notifications related to prizes, contests, sweepstakes, promotions and security announcements.

2.2.9. We inform you that you may express your refusal to process your personal data regarding secondary purposes within a period of 5 business days after having granted your consent to this contract, otherwise your consent is understood to have been granted for the sole use of this website and / or for any contracting of our products and / or services from Cigarros Dos Jotas and / or on the occasion of participation in our promotions, contests, raffles of Dos Jotas Cigars. You can express your right of revocation through the means of contact established on the following website: www.dosjotas.do

2.2.10. We inform you that we will refrain from selling, leasing or renting your personal data. We inform you that we may transfer your personal data with national companies of the same group, such as subsidiaries, affiliates, controlled or controlling Cigarros Dos Jotas, even to third parties under the terms of this contract.

2.2.11. Likewise, we may transfer your personal data with third parties due to your participation in contests, raffles, promotions and other similar ones, as well as to incorporate you into the program and / or customer plan, to deliver your order, send you offers and / or or advertising or to carry out market studies and / or surveys. We may transfer your personal data with third parties to provide you with care, assistance or benefits as part of the programs and / or plans for clients, or to make known to the public and / or the competent authorities that you have won a prize of a contest and / or raffle and / or promotion. We may also share your personal data with national and / or foreign third parties to carry out monitoring processes for compliance with applicable legislation, sweepstakes or contests and our internal policies. Finally, and if necessary, we may share your personal data to comply with the obligations contemplated in the applicable legislation and / or compliance with the requirements of the municipal, state and federal authorities.

2.2.12. By virtue of the foregoing, said persons may not use the information provided by Dos Jotas Cigars in a manner other than that established in this contract, except as provided in the applicable legislation. These transfers of your personal data will be made with all the appropriate security measures, in accordance with the principles contained in the Law on Protection of Personal Data No. 172-13, of the Dominican Republic, its Regulations and the guidelines of this contract (hereinafter and jointly "The legislation").

2.2.13. In addition to your personal data and the information you provide us, Cigarros Dos Jotas may collect, but are not limited to, information such as the IP address, MAC address, type of user's browser, domain name and specific pages within the site to through which it had access, as well as the time of interaction with the Cigarros Dos Jotas website, cookies and web beacons in order to fill in statistics on the browsing behavior of our users or for the purposes indicated in this Notice Privacy.

2.2.14. The personal information you provide us is stored in controlled databases with limited access. In the case of the use of cookies, the "help" button found on the toolbar of most browsers will tell you how to avoid accepting new cookies, how to make the browser notify you when you receive a new cookie or how disable all cookies.

2.2.15. Likewise, Cigarros Dos Jotas, may request that you provide your personal data, such as your email address, name, date of birth, data of your car and any other of your personal data. Also Cigars Dos Jotas may collect sensitive personal data regarding your age, gender, postal code, state and municipality where you reside, among others, so Dos Jotas Cigars will make reasonable efforts to limit the period of treatment of the same so that it is the minimum indispensable.

2.2.16. When receiving newsletters or emails promoting Dos Jotas Cigars, we may use personalized and / or similar technological links to determine if the message has been opened and which links you have clicked to provide you with specific communications or other information. < / span>

2.2.17. The personal data that you have provided us through the website, and / or due to the commercial relationship will be kept during it and once concluded, will be kept for an additional period of up to 7 years, to later be discarded if you This is required in writing in order to avoid improper treatment thereof.

2.2.18. As an exception to the above, we may keep your email data to continue sending you promotions, advertising, benefits and discounts from Cigars Dos Jotas and those companies belonging to the same corporate group or third parties that are our business partners, as well as to keep your registration as a client on our internet sites.

2.2.19. You can revoke said consent at any time through the tools that we make available in the emails sent or through the following website www.dosjotas.do.

2.2.20. Your personal data will be treated based on the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility in terms of the applicable legislation. The confidentiality of your personal data will be maintained by establishing and effectively maintaining administrative, technical and physical security measures to comply with the regulatory provisions and internal policies of Cigarros Dos Jotas, to avoid damage, loss, alteration, destruction, improper use, access or disclosure.

2.2.21. In the event that a security breach occurs in any phase of the processing of your personal data, Cigarros Dos Jotas will make it public, through its website www.dosjotas.do and notifying you via email to the address associated with your account on the website, by telephone, by written communication, or any means that the user has placed in his registration request so that he can take the corresponding measures in order to protect his rights.

2.2.22. In the event of any modification or update to this contract, it will be made known to you on the following website www.dosjotas.do.In the same way, Dos Jotas Cigars may send you notifications regarding the modification of the contract via email to the address associated with your account on the website, by telephone, by written communication or by any means that the user has placed in their registration request, or by publishing notifications on the website itself. Notifications will take immediate effect.

2.3. Procedures to attend to requests for revocation and ARCO rights (Access, rectification, cancellation and opposition)

2.3.1. The personal data that you provide us in your ARCO right request will be treated with the primary purpose of processing, investigating and responding to the ARCO right request;

2.3.2. To start the process of requesting the ARCO right (right of access, rectification, cancellation or opposition of your personal data), and for the revocation of your consent to the processing of your personal data, you must duly fill out the corresponding form that we put at your disposal at the Cigarros Dos Jotas address: Calle Font Bernard, No. 11, Edificio Empresarial Jireh, 4to. Nivel, Los Prados, Santo Domingo de Guzmán, National District, Dominican Republic Tel .: (809) 540-6891; in order to be provided with the folio corresponding to your request. Likewise, you may also exercise an ARCO right by writing to the offices at the following address: Calle Font Bernard, No. 11, Edificio Empresarial Jireh, 4to. Nivel, Los Prados, Santo Domingo de Guzmán, National District, Dominican Republic Tel .: (809) 540-6891; Therefore, said document must contain and include the following:

  1. The full name of the holder and his email address or address where he wishes to receive the response to his request. < / span>
  2. A clear, precise and specific description of the personal data with respect to which one seeks to exercise any of the aforementioned rights, as well as the detail of any element or document that facilitates the location of personal data.
  3. Legible copy of a valid official identification of the holder and, in the case of a procedure carried out by a legal representative, You must also attach a power of attorney signed before 2 witnesses or a copy of the corresponding public instrument that certifies the legal representation, as well as a copy of the current official identification of the legal representative.

2.3.3. In the case of the ARCO right to rectify personal data, the documentation supporting the request and, where appropriate, the requested modifications must be attached.

2.3.4. Once your request has been submitted in the format indicated in the indicated corporate offices, it may be requested in a period not exceeding 5 business days, the information and / or documentation necessary for monitoring, as well as for the accreditation of your identity, in accordance to the terms established by current legislation. Therefore, you will have 10 business days after receipt to meet this requirement. Otherwise, your request will be deemed not submitted.

2.3.5. Within a period of 20 business days, counted from the date the request was received in said offices, a resolution will be issued, which will be notified to you by the means of contact that you have established in your request. Once the resolution is issued and in case it is appropriate (partially or totally), there will be 15 days working days following the date on which the response is communicated to adopt said resolution.

2.3.6. The terms and deadlines indicated in the previous paragraphs may be extended only once if necessary and you must be notified through the means of contact you have established.

2.3.7. The revocation and exercise of ARCO rights will be free, and you must only cover the justified shipping costs, or the cost of reproduction in copies or other formats established in your request.

2.3.8. The personal data that you provide us in your request for ARCO rights may be kept for a period of up to 5 years in physical and / or electronic means and subsequently, if so requested in writing, discarded in order to avoid improper treatment thereof.

2.3.9. Finally, by using in any way and / or browsing the website www.dosjotas.do you accept this contract, so if you have any questions, you can contact us through the website indicated, or Well, in the email info@dosjotas.do

2.4. PROHIBITION OF RESALE, ASSIGNMENT OR UNAUTHORIZED COMMERCIAL USE

Users agree not to resell or assign their rights or obligations under these Terms and Conditions. They also agree not to make unauthorized commercial use of this Web Site.

2.5. RESPONSIBILITY OF THE PORTAL

Users assume all risks associated with dealing with other users with whom they come in contact through the portal. Compliance with the terms and conditions of the contracts or agreements that are potentially entered into with other users of the website, as well as compliance with the laws applicable to such contracts or agreements, is the sole responsibility of the users and not of the PORTAL and Any external relationship, which has a purpose other than the fulfillment of the PORTAL's corporate purpose, escapes its sphere of action and is therefore not regulated by these terms and conditions, taking into account that THE PORTAL is not involved in the relationships or deals between its users or control the behavior of users or participants in the portal, in the event that there is a dispute with one or more users of the web site, the user or users involved release the PORTAL (and its employees and agents) of any claim, demand or damage of any nature, arising out of or in any other way related to said dispute.

2.6. ADVERTISING

THE PORTAL also has an advertising service through which it will be sent to customers through banners, emails, and / or other means. THE PORTAL will be jointly and severally liable for all publicity issued or found on its website. However, with regard to links to other third-party websites, these links are provided for your convenience only and THE PORTAL does not endorse, recommend or assume any responsibility for the content of the website third party site. If you decide to access through the links or links to the website of third parties, you do so at your own risk.

2.7. PROMOTIONS, CONTESTS AND EVENTS

The promotions, contests, raffles and events that are implemented in the PORTAL will be subject to the rules and conditions that are established at each opportunity, in advance by THE PORTAL . Under no circumstances does this imply that THE PORTAL is obliged to carry out some type of raffle and it is simply regulated that

Dos Jotas Cigars, voluntarily choose to carry out such activity. In the event that a promotion or contest is carried out, it will be necessary as a minimum requirement to access such commercial opportunities or benefits, that the User is duly registered as a user of the Portal. Promotions, contests, raffles and events will be registered through the corresponding legal channels.

2.8. ADDITIONAL INFORMATION

2.8.1. The portal does not guarantee that the website is free of errors or that the website and its server are free of computer viruses or other harmful mechanisms. The portal is not responsible for costs on your equipment that generate the use of the website.

2.8.2. In no case Cigarros Dos Jotas, its suppliers or any person mentioned in the portal will be responsible for damages of any nature, resulting from the use or inability to use the website or the material.

3.0 TERMINATION

THE PORTAL reserves the right, at its sole discretion, to erase all the information that has been included in the Web Site and to immediately terminate your registration and access to the Web Site or to certain services provided by THE PORTAL, in the event of the user's breach of these Terms and Conditions or the impossibility of verifying or authenticating any information that you have submitted in your registration form to access the Web Site. This will be informed by the media that you have registered in the forms required for that purpose by Dos Jotas Cigars.