Terms & Conditions
Welcome to the Fiesta Kits USA, LLC™ d/b/a Fiesta Kits USA™ (collectively, herein referred to as “Fiesta Kits USA”) website (hereafter referred to as “The Site”). Fiesta Kits USA provides services to you subject to the notices, terms and conditions set forth in a user agreement. This user agreement (“User Agreement”) sets forth the notices, terms and conditions for your use of the website located at www.FiestaKitsUSA.com (“The Site”).
Please read this User Agreement carefully, because by using The Site, you agree to be bound by and comply with its terms and conditions. Using The Site included, but is not limited to, accessing, browsing, seeing it so please read this User Agreement carefully before proceeding. If you do not consent to this User Agreement, you may not access or use The Site. We reserve the right to change this User Agreement, The Site, and the notices, terms and conditions from time to time by posting updated versions to www.FiestaKitsUSA.com. By continuing to use The Site (accessing, browsing, seeing our website) after we have posted an updated User Agreement, you (on behalf of yourself or the entity that you represent) agree to be subject to the rules, guidelines, policies, terms and conditions applicable to the new User Agreement.
Use of The Site
The Site located at www.FiestaKitsUSA.com is a copyrighted work belonging to Fiesta Kits USA, LLC. Fiesta Kits USA markets, sells and delivers printable digital party kits, digital products for family events, and physical products directly to customers via post or otherwise (collectively, with all other services provided through The Site and packaged goods delivered through the post or otherwise, the “Services”). Certain features of the Services or The Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
By using The Site, you represent and warrant that you are at least 18 years old or visiting The Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this User Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use The Site by displaying it on your internet browser and/or mobile device only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Fiesta Kits USA in advance. Consent by Fiesta Kits USA shall only be provided in writing, on proper company letterhead, and signed by a majority of the business partners. Any breach of this User Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit The Site or any portion of it unless expressly permitted by Fiesta Kits USA in writing. You may not make any commercial use of any of the information provided on The Site or make any use of The Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law, is harmful to the interests of others or is harmful to our interests.
Content provided on The Site is solely for informational purposes. Submissions or opinions expressed on The Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Some product representations expressed on this Site may be that of our vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of The Site. Each time you use a password or identification, you will be deemed to be authorized to access and use The Site in a manner consistent with the terms and conditions of this User Agreement, and we have no obligation to investigate the authorization or source of any such access or use of The Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of TheSite's security.
The information and materials contained in The Site, including text, graphics, links or other items, are provided "as is" and "as available." Fiesta Kits USA does not warrant the accuracy, adequacy or completeness of the information and materials on The Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
Fiesta Kits USA is the owner of all intellectual property rights found in The Site. All text, graphics, illustrations, button icons, images, audio clips, and software (herein collectively referred to as "Content"), belongs exclusively to Fiesta Kits USA, LLC. The Content is protected by U.S. and international copyright laws. As the owners of all intellectual property on The Site, we reserve all rights to our original artwork and designs on digital, physical products, and all Content found on our website. All such rights are reserved to Fiesta Kits USA. As a customer, you may only have access to our material as outlined in the “Use of Site” section of User Agreement.
“Fiesta Kits USA”, our logo, and other trademarks featured on The Site are trademarks owned by Fiesta Kits USA, LLC (“Our Trademarks”). The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product, activity, or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use our trademarks or service marks in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of a product, service, or activity. You may not use any of our intellectual property in meta tags or hidden text without prior explicit consent from Fiesta Kits USA.
In order to use certain features of the Site (e.g., to use the Services), you must register for an account on The Site and provide certain information about yourself as prompted by The Site registration form. You do not need to sign up for an Account to access the public portions of The Site. You may not sign up for an Account if you are under 18 years old.
By creating an Account, you represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. You may delete your Account at any time, for any reason, by following the instructions on the Site; (c) you agree to receive newsletters and promotional emails, including third party offers. You may opt-out of marketing communications from The Site by editing the subscription settings in your Account.
You are responsible for maintaining the confidentiality of your Account login information. As such, you are fully responsible for all activities that occur under your Account. You must keep the username and password for your Account confidential, and you may not transfer your Account or otherwise do anything to give another person access to it. You agree to notify Fiesta Kits USA immediately if you become aware that anyone has gained unauthorized access to your Account or there has been any other breach of security. Company is not liable for any unauthorized use of your Account or loss or damage arising from your failure to comply with the above requirements.
We reserve the right, in our sole discretion, to suspend or terminate any Account or to block access to The Site at any time if we suspect that you have not complied with this User Agreement or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use The Site in any way that violates this User Agreement or any applicable law or regulation.
If you order Services, you agree to pay the then-current applicable Service fee or price per product and any applicable shipping charges all as listed on the Site at www.FiestaKitsUSA.com. Payments are non-refundable. You hereby authorize Company to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. International import fees charged by your local authorities are to be paid for by the customer. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, Fiesta Kits USA may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then we may immediately terminate the applicable Service. International packages may also take up to 6 weeks to reach the customers destination and we do not guarantee any specific delivery time of any shipment.
All items purchased from Fiesta Kits USA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Fiesta Kits USA has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on legally protected ground such as gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Fiesta Kits USA production.
You agree to not use The Site, Content, or Fiesta Kits USA products to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
By using The Site and/or purchasing a product/service from Fiesta Kits USA, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of The Site, including the Store and the purchases you make there.
By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Fiesta Kits USA (inclusive of social media channels operated by our company), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media or merchandise worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Fiesta Kits USA rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Fiesta Kits USA under any circumstances.
The Site and the Services and materials are provided “as is” and “as available.” We (and our suppliers) do not warrant that The Site or any of the services or materials available through it will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in materials or services available through The Site. We make no representations or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on The Site or services available through it or through links to third-party websites. We reserve the right to correct any errors or omissions in The Site and our services. If you rely on The Site and any materials or services available through it, you do so entirely at your own risk. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with The Site or Services.
To the maximum extent permitted by law, we disclaim all express or implied warranties and conditions of any kind with respect to The Site and any content, information, goods, or services that are available through it, including without limitation, any warranty of merchantability, fitness for a particular purpose (even if that purpose has been disclosed to us), title, quiet enjoyment, accuracy, or non-infringement.
Although we intend to take reasonable steps to prevent the introduction of viruses, worms, trojan horses, or other malicious code to The Site, we do not guarantee or warrant that The Site, or the services or materials that are available through the Site, are free from such destructive features. We are not liable for any damages or harm attributable to such features.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The images of our products shown on www.FiestaKitsUSA.com and on our social media channels are for illustrative purposes only. Due to variations in print material or computer monitor settings, we cannot guarantee your color will be an exact match. Color variance should be expected. Colors may vary on different materials. For example, ordering a ceramic mug to match a glass mug – The materials are completely different and may vary in color even when submitting the same color.
Although we make every effort to be as accurate as possible, sizes, weights, capacities, dimensions and measurements are approximate only. We cannot guarantee that the display of the device on which you are accessing our website will accurately display the colors or quality of our products.
Payment, Pricing, and Promotions
Fiesta Kits USA, LLC reserves the right to implement adjustments and improvements to products; to discontinue any product at any time; to add new products. We also reserve the right to have periodic promotions throughout the year. Discounts apply to regular priced items within the guidelines of the promotion. Discounts will be applied to your cart subtotal before taxes and shipping. Applicable taxes and fees will still be applied. The discount is only valid for the dates listed on the promotion. You may redeem one promotion code per order.
We may change the prices for products at any time by posting new prices on our official website or social media channels, but changes will not affect orders for which we have already received payment.
It is always possible that, despite our best efforts, some of the items listed on www.FiestaKitsUSA.com may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. However, if we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as an error, we may end the contract, refund you any sums you have paid and require the return of any applicable products provided to you.
Limitation of Liability
In no event shall Fiesta Kits USA (inclusive of the herein company, its members, officers, directors, employees, agents, successors, and assignees) nor our suppliers be liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions, or inaccuracies in The Site or any services or materials available through it including any kind of loss or injury that results from your breach of any provision of this user agreement.
Under no circumstances will Fiesta Kits USA or its members, directors, officers, employees, agents, successors, and assignees be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business, or loss of data) arising out of or related to your use of The Site or services available through The Site or this user agreement, regardless of the theory of liability, whether tort (including negligence), contract, or any other legal or equitable theory.
Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty us dollars ($50) or (b) amounts you have paid Fiesta Kits USA in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify (and defend, if requested) Fiesta Kits USA and its officers, directors, employees, and agents against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that they may incur arising out of or related to third-party claims arising out of or related to your use of The Site or violation of this User Agreement. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request. You agree not to settle any matter without the prior written consent of us. Fiesta Kits USA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We reserve the right to terminate this User Agreement, The Site, and any services offered through The Site at any time without notice, for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of this User Agreement (along with any other provision that by its terms contemplates survival) will survive any termination of this User Agreement.
READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the company and our employees, agents, successors, or assigns, regarding or relating to The Site, Services or this User Agreement, shall exclusively be settled through binding arbitration in Fresno, California or Santa Clara County in California. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's final rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) the arbitrator shall honor claims of privilege and privacy recognized at law; and (5) the arbitrator's award shall be final and may be enforced in any court of competent jurisdiction.
With the exception of subparts (1) and (2) in the paragraph immediately above this paragraph (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained herein. If, however, either subparts (1) and (2) in the aforementioned paragraph (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If a claim proceeds in court rather than in arbitration because the agreement to arbitrate is held to be invalid or unenforceable, the dispute shall be exclusively brought in state or federal court in Fresno, California or Santa Clara County in California.
Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to The Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these The Site, Services or this User Agreement, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
If a court of competent jurisdiction determines that any provision of this User Agreement is invalid or unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law (unless doing so would deprive either party of a material benefit of this User Agreement). The failure of either party to assert any right under this User Agreement will not be considered a waiver of that party’s right, which will remain in full force and effect. “Including” in this User Agreement means “including without limitation.”
This User Agreement constitutes the entire agreement between you and Fiesta Kits USA regarding your use of The Site and Services and supersedes all prior agreements or understandings (irrespective of them being oral or written, or established by custom, practice, policy, or precedent) between you and Fiesta Kits USA. Our failure to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation.
Your relationship to Fiesta Kits USA is that of a customer to us and neither party is an agent or partner of the other. This User Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
Please contact us at firstname.lastname@example.org with any questions you may have about this User Agreement.