TERMS AND CONDITIONS


I. TERMS AND CONDITIONS


A. LEGAL NOTICE


1. GENERALS

This document, together with the documents mentioned herein, establishes the terms and conditions of use (hereafter, the “Conditions”) of the website www.attenza.net (hereafter, the “Web Site”).

The Website belongs to MOTTA INTERNACIONAL, S.A. partnership, organized and  present in accordance to the laws of the Republic of Panama, hereafter ATTENZA.

Please carefully read the Conditions, our Cookies Policy, and our Privacy Policy (jointly, the “Data Use Policies”), before using the website. When using this website or making an order through it, you consent to be bound to these Conditions  and to our Data Protection Policies, so that, if you do not agree with all the Conditions and the Data Protection Policies, you should not use this website. If you have any questions in regards to the Conditions and the Data Protection Policies, you may contact us through our contact form. The agreement may be executed, as chosen by you, in any of the languages the Conditions are available in at this website. 

ATTENZA reserves the right, at its own sole discretion, of changing, modifying or  totally or partially removing the Conditions at any time. ATTENZA can, at any time and without any previous notice, modify the terms and conditions, policies and notices, content, information, settings, services, products, amounts, among other things. 

It is the responsibility of each user to constantly verify and consult the Conditions and Data Protection Policies for the purpose of knowing such changes or modifications. The constant use of our products and services through the access to our Website, indicates that the user agrees to the conditions of use modified and included at that time. While the user complies with the present conditions of use,  ATTENZA offers the exclusive, non-transferable and limited use of the Website. 

In case that, any clause of the present conditions of use is voided, the rest of the clauses shall remain in force and interpreted considering the willingness of the parties and the very sole purpose of the present conditions of use.

 

2. CONDITION OF THE SUBSCRIBER

Through the Website, ATTENZA provides information about its products and services, and offers or will offer to its Subscribers the possibility of hiring and/or of making a reservation. Due to the content and the purpose of the Website, the people that would like to benefit from these services, should have the condition of "SUBSCRIBER", which is acquired by completing the registration form and following the steps that ATTENZA will indicate by email for such purposes. The condition of SUBSCRIBER, implies the accession of them, to the conditions in the published version at the time the Website is accessed.


In any case, there are existing pages at the Website that are accessible to natural or legal entities that do not register nor initiate a reservation of a product (hereafter, "USERS"). Accordingly, the USERS that access these parts of the Website accept to be subject to the terms and conditions gathered in these conditions of use, to the extent that it may be applicable.


ATTENZA hereby notifies its SUBSCRIBERS and USERS, that the content and use of the Website is reserved and directed, only and exclusively, to a public over the age of eighteen (18).

 

3. PRICES AND CURRENCY CONVERSION

The prices published at the Website are in dollars, legal currency used in The United States of America (USD).

 

4. AVAILABILITY

ATTENZA will do anything in its power to please every SUBSCRIBER AND USER in the demand of products.
Granting that, the product is not available after making a reservation, the SUBSCRIBER will be notified by email about the total or partial cancellation of its order.


• The partial cancellation of the order due to the lack of availability, does not give the right to the total cancellation of the order, in this same way, the order can be canceled or rescheduled by the USER. If, as a result of this cancellation, the subscriber wishes to return the already delivered product, it should refer to and follow the steps indicated on section Returns on these conditions of use. In any case, it is understood that this may happen, and that ATTENZA is not responsible for the inconvenience that this may cause to the client.

 

5. PAYMENT 

The SUBSCRIBER is obliged to present a valid method of payment, at the time when retrieving its order, and to present its passport and its boarding pass as identification.


The SUBSCRIBER will be charged the final amount at the time of retrieving its order.


Once the order is formalized, meaning, with the acceptance of the conditions of use and the confirmation of the reservation process, ATTENZA will send an email to the subscriber confirming the details of the order placed.


The ownership, right to property and delivery of the product is transferred in the Republic of Panama, and not in the country or place of destination.


The sales receipt corresponding to the order, will be available and can be seen at the Website, on section “My account”, “Reservation History”.


The SUBSCRIBER should make payments in cash, credit card (Visa, MasterCard, and/or American Express).

 

6. WARRANTY

 

ATTENZA serves as the distributor of the manufacturers or wholesale manufacturers that warranty that the products, that are commercialized at the Website, properly work and dot not have any defects nor any hidden faults that may make them dangerous or inadequate for their normal use. Nevertheless, the use that each user or subscriber gives to the products is its sole responsibility, without any liability for ATTENZA.


The client is responsible of verifying at the time of delivery, that its order was completed as requested and that the delivered items are in a good state. If the client has any complaint, please contact us within the following five (5) days of purchase: contactenos@attenza.net.


The warranty will loose its validity in case of defects or damages cause by external factors, accidents, specially, electric accidents, wear, the installation and use not according to instructions from the provider or the manufacturer.

 

7. RETURNS

 

To make a return, you may visit any of our stores within a maximum of thirty (30) days following the purchase, with the product and the original sales receipt, for an inspection done by our supervisors. If you are not traveling during this period of time, please contact the Client Service department via “Contact” at the Website, within the following fifteen (15) days after its purchase, and arrangements will be made to resolve the situation as efficiently as possible.

 

8. INFORMATION OF THE PRODUCT

The descriptions of the products shown at the Website, are done based upon the information provided by the providers of ATTENZA.


The information given about each product, as well as the pictures or videos related to the same, and the trade names, brands or distinguishing signs of any type, contained at the Website, are exposed for guidance.

 

9. TERM AND DELIVERY SITE 

ATTENZA commits to the delivery of the product in a perfect state at its preferential desk of the main store at the Tocumen international Airport, in front of gate No. 23.


To complete the delivery, it is essential that the SUBSCRIBER indicate its trip information.


The reservation order will be processed within the 24 hours prior to the registered arrival.


In case of delays in the delivery of the orders attributable to ATTENZA, the SUBSCRIBER can reschedule or cancel its order at the Website, on section “My account”, “Reservation History”.


It is understood that, purchase prizes and promotions linked to specifics products or seasonal promotions may exist in the stores. ATTENZA will do everything that is possible to have such prizes and promotions available for clients that make their reservations online, but due to the limited amounts of these promotions and the available time for the reservations before traveling, its is not warrantied that, at the time of retrieving the reservation, the gifts and/or promotions are available.

 

 

10. INTELLECTUAL PROPERTY

 

ATTENZA has all the rights of content, design and source code of the Website, and specially, included but not limited, over the pictures, images, texts, logos, designs, brands, trade names and data included therein.
These rights are protected by the current Panamanian and international legislation related to the intellectual and industrial property.


Furthermore, notwithstanding the above, the content of this Website is also considered as a computer software; and therefore, all current Panamanian and International norms enforce in the filed are applicable.
It is forbidden, the total or partial reproduction of this Website, not even by a hyperlink, nor any of its content, without any expressed and written permission from ATTENZA.


Moreover, its is completely forbidden the copy, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that entails an infraction of the current Panamanian and International legislation in terms of the intellectual and/or industrial property, as well as the use of the contents of the website without the previous expressed and written authorization from ATTENZA.


ATTENZA informs that, the sole action of accessing and consulting the Website does not grant a license, authorization or any implied right over the rights of intellectual and/or industrial property, or over any other right or property, directly or indirectly related with the contents included at the Website.


Furthermore, trade names, names, ensigns and commercial slogan, logotypes and service brands (collectively, the "Brands"), and other intellectual property rights, that are shown at the Website are registered by ATTENZA or by the owners of such brands and are the property of each one of them. Nothing contained at the Website should be interpreted as the granting of any license or right to use any brand without previous or written permission from ATTENZA, or from the possible brand of the third parties. It is forbidden the use, the reproduction, copy, modification, distribution, exposure, sale, public exposure by any means, partial or total communication of the intellectual property contained at the Website, without the previous and written authorization from de ATTENZA, or by the owners of such brands. In case of unauthorized use of the right of intellectual property rights by a user, the user will compensate and will be responsible for every hurt and loss, and will cancel every right effected, to ATTENZA or to the owners of the brands, as well as been subject to the civil, penal actions and other legal that may ensue.


Additionally, every graphic, trade brands, names, ensigns and commercial slogan, logotypes, pictures, publicity, design, voices, pictures, videos, texts, recordings, plans, creations, reports and additional information contained at the Website belong to ATTENZA or the third parties that authorized ATTENZA for its exploitation and use.

 

11. ACCESS TO OUR CONTENT

 

The users are entirely responsible of their conduct, by accessing the information at the Website, while navigating in such, as well as after accessing it.


Consequently, the users are the sole responsible before ATTENZA and before third parties, of:


• Consequences resulting from the utilization, for illegal or forbidden purposes or in contradiction to the conditions of use of any content at the Website, elaborated or not by ATTENZA, officially published or not under its name;


• as well as the consequences that may result from the opposite and damaging utilization of the content of the present Conditions of Use and of the interest or rights of third parties, or that in any way may harm, disable, or deteriorate the Website, the reputation of ATTENZA and/or the products and services offered at the Website or its services, or avoiding the normal enjoyment by other Subscribers and/or Users.


ATTENZA reserves the right to update the contents when deemed appropriate, as well as eliminating, limit and avoid the access to such, temporally or permanently, as well as to denied the access to the Website to SUBSCRIBERS AND USERS that misuse the contents and/or brake any CU that included in the present document.


ATTENZA informs that it dose not warranty that:


• the access to the Website and/or the link pages is uninterrupted or free or error;


• that the content or software, accessed by the SUBSCRIBERS AND USERS through the internet or the Website of the link pages, do not have any error, software virus or other elements in the contents that may produce alterations in its system or electronic documents and files stored in their computer system or cause any other type of damage;


• the use given of the information or content of this Website or link pages that the SUBSCRIBERS AND USERS may do for personal purposes.

The information contained at this Website should be considered by the SUBSCRIBERS AND USERS as informational and orienting, in terms of its purpose and its effects, reason why, ATTENZA does not warranty the accuracy of the information contained in this Website and therefore, does not assume any responsibility over possible harm or inconveniences to the SUBSCRIBERS AND USERS, that may result from any inaccuracy present at the Website.

 

12. RESPONSIBILITY 

ATTENZA does not assume any responsibility resulting from, including but limited to:


• the use that the SUBSCRIBERS OR USERS may give to the materials of this Website or linked pages, whether they are prohibited or allowed, infringement of the intellectual and/or industrial rights of the contents of the Website or third parties.


• Of any possible harm or damage to the Subscribers or Users caused by the normal or abnormal functioning of the search tools, the organization or the location of the contents and/or the Website, and in general, of the errors or problems that generate in the development or instrumentation of technical elements that the Website or a program facilitates the user with.


• Of the contents of such pages to which the Subscribers or users may access from links included on the Website, authorized or not.


• Of the acts or omissions of third parties, regardless to the fact that this third parties may be joint to ATTENZA by a contract.


• Of the access of minors to the content included at the Website, its is the sole responsibility of their parents or tutors to apply an appropriate control over the activities of the children and minors under their care, or to install any tool to control the use of the Internet with the purpose of avoiding (i) the access to materials or content not suitable for minors, as well as, (ii) sending personal information without previous authorization of the parents or tutors.


• Of the communications nor dialog during the debates, forums, chats and virtual communities organized through or surrounding the Website and/or linked pages, nor will it respond to, thus, the possible harm and damages that the subscribers or particular and/or collective users may suffer due to such communications and/or dialog.


ATTENZA will not be, in any case, responsible for the production of:


• Errors or delays in the access of the Website, by the Subscriber, at the time when entering its information to the order form, the tardiness or inability of reception by the recipient of the order confirmation or any anomaly that may result from when this events are due to a problem with the Internet network, fortuitous events or force majeure and any other unforeseeable cause unaffiliated to the good faith of ATTENZA.


• Failures or events that may occur in the communications, deletion or incomplete transmissions, in a way that it is not warrantied that the services of the Website are constantly operative.


• Of the errors or damages produced to the Website by an inefficient use of the service and of bad faith, by the Subscriber.


• Of the not effectiveness or problems with the email address provided by the Subscriber and/or the User, to send the confirmation of the order.


In any case, ATTENZA commits to solving the issues that may result and offers all the necessary support, to the SUBSCRIBER and/or USER, to reach a fast and satisfactory solution of the event.


Furthermore, ATTENZA has the right to perform, at set temporary intervals, promotional campaigns to promote the registration to their services of new members. ATTENZA reserves the right of modifying the conditions of application of the promotions, extending them when properly notified, or to proceed to the exclusion of any participant of the promotion if any presumed anomaly is detected, abuse or unethical behavior in the participation of such.



13. APPLICABLE LEGISLATION

All the terms and conditions, the policies and the communications are regulated and interpreted in accordance to the Panamanian laws, without giving effect to any conflict of laws. The user accepts the exclusive jurisdiction of Panama in regard to the controversies that may result in association to the website or any of the terms and conditions, policies and notices or any related issue.


Any controversy related to the present conditions of use, as well as the interpretation and the execution of such agreement, will be regulated and interpreted under the rules of The Mediation and Arbitration Center of the Commerce, Industry, and Agriculture Chamber.



B. INCOME ORIGIN 

The USER, when making transactions at the Website, declares under oath, that its income origins from legal activities, that it is not negatively registered on lists of national or international money laundering prevention, that it is not included in any of the two categories of money laundering (conversion or movement), and that accordingly, commits to respond before ATTENZA, its subsidiaries and affiliated companies, for every damage that way result of this affirmation. In addition, it will respond before third parties. Its also declares that, its behaviors are in conformity with the law and ethic, and consequently, it commits to the implementation of the measurements to prevent that his operations may be used with or without consent and knowledge, as an instrument for concealment, management, investment or utilization, in any way, of the money or other assets from illegal activities, or for giving any legal appearance to these activities. In the same vein, it commits to act within the current legal framework of the countries in which it operates, fulfilling all procedures, formalities and obligations contemplated in the Law and other pertinent norms, and that any evidence showing that the principles are not enforced or that they may be compromised, it will be enough cause to resolve, at the discretion of the fulfilled Party, the Contract resulting from its transaction.

 

We have updated the information about the use of your personal data in our Privacy Policy.

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