TERMS AND CONDITIONS

TERMS OF SERVICE FOR SOSQUIL WEBSITE

LAST UPDATED MAY 2024

These Terms of Service are entered into by and between you and Villakar LLC (referred to in these Terms of Service as “Company,” “we,” “us” and “our”), and describe the terms and conditions pursuant to which we provide you with access to our website located at www.Sosquil.com and any of our other websites which display these Terms of Service (collectively, the “Website”).

By accessing, using, viewing, browsing, consulting, transmitting information, requesting information, requesting services, receiving information, quoting services, contracting services, creating an account on, ordering products from, or otherwise using the Website in any way, you agree to be bound by the terms and conditions of these Terms of Service, as they may be amended from time to time. If you do not agree to these Terms of Service, then you may not use any portion of the Website, and immediately cease accessing the Website. This Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company, accept these Terms of Service, and otherwise meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1. PRIVACY POLICY

In connection with your use of the Website, please carefully review our Privacy Policy, located at www.sosquil.com/en-US/privacy-policies, to understand how we use information we collect from you when you access, visit or use the Website. The Privacy Policy is part of and is governed by these Terms of Service. By agreeing to these Terms of Service and accessing the Website, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

2. MODIFICATIONS AND UPDATES TO TERMS OF SERVICE

We, at any time and in our sole discretion, may revise, modify or update these Terms of Service. All changes shall be effective immediately upon posting them to the Website, and shall apply to all access to and use of the Website thereafter. Your use or continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the new Terms of Service and agree to be bound by them. If you do not agree with the new Terms of Service, you must discontinue your use of the Website immediately. You are expected to check this page from time to time so that you are aware of any changes to the Terms of Service, as they are binding on you.

3. OWNERSHIP AND USE RESTRICTIONS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material, as applicable, and are protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No content or material from the Website may be copied, reproduced (either physically or logically), republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials from this Website onto any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the contents of this Website, or use of the contents on this Website, for any other purpose is a violation of these Terms of Service and our copyright and other proprietary rights. Your use of any material or content from this Website on any other website or computer network environment is expressly prohibited. Unless otherwise specified, we own all right, title and interest in and to all trademarks on this Website. To the extent this Website provides interactive capabilities that allow you to submit information or data on the Website, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the Website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, that would constitute or encourage an administrative or criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. By uploading or submitting any lawful materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and create derivative works from and distribute such materials or incorporate such materials in any manner.

4. TRADEMARKS AND TRADENAMES

The name of Villakar LLC, Sosquil, and all other trade names or trademarks of Villakar, Sosquil, its affiliates, and related companies, registered or unregistered, are the property of, as the case may be, Villakar, Sosquil, or either of its affiliates, related companies, or partners (collectively, the “Protected Intellectual Property”). The Protected Intellectual Property and other related trade names, trademarks, and all other intellectual property are protected by United States and foreign intellectual property laws.

The unauthorized use or reproduction of the Protected Intellectual Property is strictly prohibited and any infringement upon such Protected Intellectual Property will be prosecuted to the fullest extent of the law. The restrictions contained in this paragraph shall be deemed to apply to any use or registration of any trademark, trade name, service mark, domain name, meta tag, keyword, social media handle, commercial symbol, or logo containing any of the Protected Intellectual Property and to the use or registration of any trademark, trade name, service mark, domain name, meta tag, keyword, social media handle, commercial symbol, or logo which, in our determination, is similar to the Protected Intellectual Property. Additionally, the unauthorized use or reproduction of any Protected Intellectual Property shall be grounds for the immediate termination of this Agreement; provided, however, that this remedy shall not be exclusive, but shall be in addition to any other remedy available to us hereunder or in accordance with applicable laws.

5. YOUR USE OF THE WEBSITE

While using the Website, and as a condition of your use, you represent and warrant to us that you
will not use this Website for any purpose that is unlawful or prohibited by these Terms ofService or any other terms, conditions, and notices. You further represent that the information you submit to this Website is truthful and accurate, that your use of the Website does not violate any applicable law or regulation, and that you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service. You shall be solely responsible for any unlawful, prohibited or offensive material or content you submit to the Website and all liability or damages arising from such actions.

6. OUR SERVICES

We provides certain services to you through the Website. We do not own any of the products listed for sale on the Website. When you purchase products using the Website, you are purchasing these products from third parties and not directly from us. These third parties have authorized us to sell the listed products on the Website. You understand, agree, and acknowledge that the contract for the purchase of products on the Website is between you, on the one hand, and the applicable third party seller, on the other hand. We are not a party to the contract, nor are we in privy of contract with you for the sale of any products on the Website. No contract, in law, equity, or otherwise, is created between you and us regarding the purchase and sale of the products on the Website.

7. WEBSITE PRODUCTS

We will do our best to ensure that product descriptions are accurate and reflective of the product being sold, however, because we do not own the products, nor have the products tangibly in our possession, we cannot guarantee product descriptions to be entirely correct, accurate, complete, reliable or error-free. Product descriptions are provided by our third party sellers. All pictures, images, and recordings are shown for illustration purposes only and may not be an exact representation of the product. Actual product color may vary from the images shown. Every monitor or mobile display has a different capability to display colors, and every individual may see these colors differently. In addition, lighting conditions at the time the photo was taken can also affect an image's color. We cannot guarantee that the color you see accurately portrays the true color of the product. The actual product you receive may vary from the illustration(s) shown on the Website.

8. PAYMENT METHOD

We do not process, collect, or receive payments on your behalf. In order to ensure the security, integrity and confidentiality of all payments, all data related to payments and payment information that you input on the Website, including any credit card and debit card information, is provided directly to, and processed by, by our third party payment provider, Stripe. The payment information is transmitted directly via an encrypted connection to Stripe. Stripe uses, processes and stores your personal data and payment information in accordance with Stripe’s privacy policy available at stripe.com/us/privacy. We do not collect or store your payment information. Stripe maintains that it is PCI compliant and you can learn more about Stripe’s security measures available at stripe.com/help/security. Stripe is solely responsible for transactions that take place on the Website; however, We will act as intermediary and be your first point of contact for any refunds, cancellations and chargebacks.

9. OUR RIGHT TO TERMINATE USERS

Without limiting any other provision of these Terms of Service, we reserve the right, in our sole discretion and at any time, for any reason or for no reason at all, to deny you access to use the Website or any of its corresponding forms, links, or otherwise.

10. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSES OR IMPLIED. TO THE EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS ON THIS WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENTS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ALL PRODUCTS NOT MANUFACTURED BY US ARE SOLD ONLY WITH THE WARRANTIES PROVIDED BY THE MANUFACTURER OF PRODUCTS, IF ANY. WE MAKE NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS, AND WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. LIMITATION ON LIABILITY

Under no circumstances shall we or any of our affiliates, officers, directors, employees, or agents be liable for any direct, indirect, punitive, special or consequential damages, civil liability, or any personal damage that results from the use of, or the inability to use, the materials and contents on this Website or any links, forms, or other websites linked to this Website. You agree that in no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you, if any, for accessing this Website.

12. CONFIDENTIALITY

We do not provide your information to any third party outside of any transaction that you complete on this Website. For more information about how we handle your personal information, please refer to our Privacy Policy, which is fully incorporated herein and forms an integral part of these Terms of Service.

13. TEXT MESSAGES

BBy supplying your phone number, you agree to receive SMS and MMS messages on your mobile phone, including messages regarding services and promotions. Third parties who provide services such as text messaging or SMS or MMS delivery on our behalf may also access your personal information to provide those services. These third parties will be contractually bound to treat your information in accordance with our applicable privacy policies. You may choose to opt out of receiving SMS and MMS messages from us at any time by responding to the SMS or MMS message with the word “STOP”.

14. MINORS

The Website is not intended for minors (those under the age of 18) and We do not permit the use of the Website by any minors. By using the Website, you acknowledge and agree that you are at least 18 years of age and an adult according to the jurisdiction of your location. Parents, guardians or any adult responsible for supervising the acts of a minor shall be liable for the acts of such minor which result in damage or loss caused to us the use of this Website.

15. TERMINATION

These Terms of Service are effective until terminated by us for any reason, with or without notice. Upon termination, you must destroy all materials obtained from this Website and all copies thereof, whether made under the terms of these Terms of Service or otherwise.

16. GEOGRAPHIC RESTRICTION, JURISDICTION AND VENUE

This Website and the owner of this Website are each based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims or representations that this Website or any of its content is accessible or appropriate for use outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any principles or legislation of conflicts of law, and you accept this by using this Website. Any disputes arising out of or related to this Website and the use of this Website shall be governed by and construed and enforced in accordance with the state courts located in Miami-Dade County, Florida, United States of America. You expressly waive any other jurisdiction or forum that you might be entitled to for any reason. If any provision of this Agreement is unlawful, void, or unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This document is the entire agreement between the parties.

17. CONTACT

For inquiries regarding these Terms of Service, please contact us at contact@sosquil.com.

18. GENERAL

All products on the Website are for personal use only and are not intended for any other purpose. You represent, warrant, and agree that by purchasing any product(s) from the Website, such product(s) shall only be used for personal use and shall not be used for any commercial, business, wholesale or resale purpose. You further represent, warrant, and agree that you are not subject to any trade sanctions imposed by the United States, European Union, or United Nations, and that shall comply with all applicable laws and regulations relating to trade restrictions and/or export controls and/or trade sanctions with respect to the products sold on this Website. Products and pricing are subject to change without notice and are valid only if purchased by the customer on the Website and customer receives an order confirmation for such purchase. All orders are subject to availability of the product(s) at the price(s) specified on the Website. By placing an order, you confirm that the credit card, debit card, or other payment method used by you is yours. All credit and debit card purchases are subject to verification and authorization by the card issuing entity. We are not liable for any purchase or delivery delays that occur if your payment is declined or not authorized for any reason.

Prior to finalizing an order on the Website, you will be permitted to verify your order, ensure all payment, shipping, and billing information is accurate, and correct any errors before submitting a final order. Please take the time to read and verify your order on each page of the purchase process. You are solely responsible for making sure that any information you provide on the Website is accurate (e.g. the correct product type, quantities, size, color, etc.). Any errors made by you during the order and purchase process are your sole responsibility. We are not responsible for any inaccurate information provided by you. We are not responsible for any errors or delays in shipment and delivery due to any inclement weather, manufacturers’ delays, or inaccurate information provided by you on the Website.

19. PURCHASE PROCESS

After you make your purchase, you will receive an e-mail acknowledging your purchase and our receipt of your order. This email is only an acknowledgement of receipt of your order and does not constitute acceptance of your order by us or our third party business partner(s). In the meantime, we will work to confirm your order with out third party partner. The contract established between you and the third party partner regarding your order and the products purchased pursuant to your order will not be finalized until we have verified that the third party partner has accepted your order and communicated this to you via a confirmation e-mail. Your order is considered final and accepted once we send you the confirmation email of your order.
This confirmation e-mail will include the description of the products contained in the order and shall also serve to create a contract between you and our third party partner regarding your order. Subsequently, you will receive a confirmation email in which you will be notified of any setback in the integration of the order. Only those products listed in the confirmation email are included in the contract established between you and the business partner. Although we strive to ensure that all details, product descriptions, prices and other information provided to us by our third party partners on our Website is accurate, there may be situations during which certain errors occur. If we discover an error in the price of any of products you purchased, we will promptly inform you of the error and offer you the option to either reconfirm your order with the correct price or cancel your order. If we are unable to contact you within the timeframe specified in our first communication, your order will be cancelled. If you cancel your order and have already paid for the products, you will receive a full refund for the product(s) that you cancel.

20. REFUNDS

There may be situations where you purchase a product but that is unavailable. If this happens you may either elect to receive a refund for the unavailable product(s), or receive a credit on the Website, which may be applied towards other purchases and will include a 3% discount towards such purchase(s). These are the only options available if you purchase a product(s) that is unavailable, and no other forms of credit or compensation will be provided.

21. RETURNS

Information regarding returns may be found on our Website. We will only issue a refund if the product(s) you received are different that the product(s) you ordered. Otherwise, no refunds will be given, and the customer will instead receive a credit to be used on the Website, subject to compliance with the Return instructions in these Terms and Conditions. In order to receive a refund for product(s) you have received, you must request a return within five (5) business days of your receipt of the product(s) being returned. Upon requesting a return, we will send you an e-mail indicating how to return your product and provide you with a prepaid return shipping label. The product(s) must be returned within five (5) days of your receipt of the shipping label. If you fail to do so, you will not receive a refund and we will charge you the cost of the shipping label. In order to return a product(s) and receive a refund, the product(s) must still be unused, in good condition, and in the original packaging. If the product(s) is returned to us used, or in less than good condition, or without the original packaging, your return will not be accepted and a refund will not be issued. Upon our receipt of a properly returned product(s), we will process your refund. Refunds may take up to seven (7) business days following receipt of your product(s) to process, or a longer time depending on your bank, payment method and information. Swimwear, lingerie, custom, and made to order products are not eligible for returns or refunds. In certain instances, our third party partner may refuse the return of a product(s). We may, in our sole discretion, elect to purchase the product(s) from you, but we have no obligation to do so. You agree that legal title to such product will automatically pass to us when we decide to purchase such product.

22. SHIPPING

Shortly after placing an order you will receive a confirmation e-mail to the e-mail address provided during the checkout process. Your order is confirmed upon receipt of this e-mail. During the checkout process, you will be able to select standard or express shipping. Shipping costs and times will vary depending on the products you purchased and your shipping address. You will be able to see estimate shipping and delivery times on business days prior to placing your order, however, shipping and delivery times are approximate and cannot be guaranteed. The shipping costs applicable to your order and the estimated shipping date of your purchase will be clearly displayed on the Website before you confirm your purchase.

We do not ship your products directly. Your products are shipped from our third party sellers and will be sent to the address provided by you during the checkout process. These third party sellers may contact you and provide you with status updates to your order, some of which may require your attention. You must timely respond to such communications, if applicable. Such third party sellers’ terms, conditions, policies and procedures shall apply to all shipped orders. You hereby acknowledge that We are not responsible for any items lost or damaged in transit, and in such event you must abide by the terms and conditions set forth by the third party shipping company. Your order may arrive in multiple shipments. We will try to ensure that your order is shipped on the date stated in your confirmation e-mail, however, there may be circumstances where the shipment is delayed due to reasons or events beyond our control. Shipment dates and times may vary depending on the country where you are located, or the country where your product is shipped from, or the country where your product(s) is made, or the time of elaboration in the case of made to order items. If this happens, we will try to have your products shipped as soon as possible, but we are not responsible for any inconvenience or loss that is caused as a result of any delay.

23. TAX AND CUSTOMS TAX

All prices listed on the Website are exclusive of sales and use tax and other taxes (where applicable). These taxes, if any, will be charged to you separately at the applicable rate and will be applied at checkout. Depending on the product(s) you purchase and your destination address, you may be liable to pay additional taxes and customs charges. To the extent we are aware and able to, we will notify you during the order verification process if customs fees are included or if you will need to pay them when you receive the products and in order to release the products to you. This may not be feasible in all cases, and you may have to pay additional customs charges that are not included in your purchase price. If, by virtue of purchasing the products on our Website you are an importer, you are responsible for complying with all laws and regulations in your own country and all charges associated with same.

These charges are your sole responsibility, and we are not liable for these charges. Please contact your customs authority for more information before proceeding with your order. For any purchase of $800 USD or more made on the Website, you will be responsible to pay a tax of 16% on such purchase.

24. THIRD PARTY PARTNERS

All of our third party partners and suppliers represent and warrant that they are in compliance with their respective and applicable national labor laws and regulations, including minimum age requirements, freedom of selection of employment, health and safety guidelines, freedom of association and the right to collective bargaining, non-discrimination, humane treatment, working hours, pay classifications and terms of employment.

25. INSURANCE

You understand that our third party partner(s) will insure all packages ordered through the Website. All packages will be insured until the moment of delivery. To the extent a package is lost or not delivered, our third party partner’s applicable insurance will be assume all responsibility for such lost or undelivered package. Once an order is marked delivered to the address entered by you at checkout, you assume all liability and risk of loss for your order.