TERMS AND CONDITIONS

OBJECT


This document constitutes an adhesion contract for the use of the Internet page www.toscanahomedecor.com (hereinafter “Website” and/or “Web Page”) entered into by: on the one hand, TOSCANA HOME&DECOR, in its capacity as controller and on the other, the User, both parties being subject to the provisions of this document.


ACCEPTANCE OF TERMS AND CONDITIONS


By entering and using this Internet portal, identified by the domain name www.toscanahomedecor.com, owned by TOSCANA HOME&DECOR, the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares his acceptance using for this purpose electronic means, in terms of the provisions of article 1803 and other related articles of the Federal Civil Code.

For the purposes of this contract, the parties agree that "User" shall mean any person of any nature who enters the website www.toscanahomedecor.com and/or any of the subpages that display its content and/or any person of any nature who registers and/or uses any of the services offered through said page.


If you do not fully and completely accept the Terms and Conditions of this agreement, you must refrain from accessing, using, or viewing the Website and/or any other service offered by TOSCANA HOME&DECOR.


If the User accesses, uses, and observes the Site, this will be deemed to constitute absolute and express acceptance of the Terms and Conditions of Use stipulated herein, the other documents incorporated herein by reference, as well as the applicable laws and regulations in accordance with current legislation for the use of the Website.

TOSCANA HOME&DECOR will not retain an individual copy of this agreement between the User and the Company, so the User is advised to retain a copy of these Terms and Conditions of Use for their own records.


In the event that the User violates the provisions of these Terms and Conditions of Use, TOSCANA HOME&DECOR may cancel the User's use, exclude the User from future transactions, and/or take any legal action it deems appropriate for its interests.


USE OF THE SITE, www.toscanahomedecor.com  


The User and TOSCANA HOME&DECOR agree that:


To use the Website, the User must be at least 18 years of age or be accessing it under the supervision of a parent or legal guardian.

TOSCANA HOME&DECOR grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described, for the purpose of purchasing personal items sold on the same Page. The User may only print and/or copy any information and/or images contained or published on the website www.toscanahomedecor.com exclusively for personal use; therefore, the commercial use of said information is expressly and strictly prohibited. In the case of a legal entity, the User shall be subject to the provisions of Article 148, Section IV of the Federal Copyright Law. The reprinting, publication, distribution, assignment, sublicense, sale, electronic reproduction or by any other means, partial or total, of any information, image, document or graphic that appears on the website www.toscanahomedecor.com, for any use other than personal non-commercial use, is expressly prohibited to the User, unless they have prior written authorization from TOSCANA HOME&DECOR. Any violation of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this section, without prior notice.

Certain services and related features that may be available on www.toscanahomedecor.com may require registration or subscription. Users acknowledge that, by providing personal information, they grant TOSCANA HOME&DECOR the authorization set forth in Article 109 of the Federal Copyright Law. If Users choose to register or subscribe to any of these services or related features, they agree to provide accurate and up-to-date information about themselves and to promptly update that information if there are any changes.

Each Site User is solely responsible for maintaining the security of their passwords and other account identifiers. The account holder is fully responsible for all activities that occur under their password or account. Furthermore, the User must notify the Company of any unauthorized use of their password or account. Under no circumstances will TOSCANA HOME&DECOR be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of the User's failure to comply with this section.


During the registration process, the User agrees to receive promotional emails from www.toscanahomedecor.com. However, they may subsequently opt out of receiving such promotional emails by clicking the link at the bottom of any promotional email.

TOSCANA HOME&DECOR reserves the right to block access to or remove, in whole or in part, any information, communication, or material that, in its sole discretion, may be: i) abusive, defamatory, or obscene; ii) fraudulent, artificial, or deceptive; iii) in violation of copyright, trademark, confidentiality, trade secrets, or any other intellectual property rights of a third party; iv) offensive; or v) that in any way violates the provisions of this agreement.


TOSCANA HOME&DECOR does not assume that the content of its Website may be legally viewed outside of Mexico. Access to the content may not be legal for certain persons or in certain countries. If the User accesses the content from outside of Mexico, they do so at their own risk and are responsible for compliance with the laws within the jurisdiction in which they are located.

Users are prohibited from violating or attempting to violate the security of the Website and TOSCANA HOME&DECOR affiliated websites; the User is prohibited from: (a) accessing data that the User is not authorized to use or logging into a server or account that the User is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a computer system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with any other User's use of the website, host service, or network, including, without limitation, by means of submitting a virus to the Website or TOSCANA HOME&DECOR affiliated websites; causing a crash of such sites by "flooding," "spamming," "mailbombing," or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services, or; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

The User acknowledges that violations of computer systems or network security may result in civil or criminal liability. TOSCANA HOME&DECOR will investigate situations that may involve such violations and reserves the right to report such actions to the authorities. The Company will cooperate with the competent authority in the investigation of such violations under the terms established by applicable law.


To properly access the Site, Users must have the necessary equipment and facilities for Internet connection (computer, telephone, modem, software, etc.), and the use of such equipment is their sole responsibility.

TOSCANA HOME&DECOR is exempt from any liability arising from interruptions or suspensions of the Internet access service caused by a failure in the telecommunications system, in the power supply, unforeseen events or force majeure, or an action by third parties that may disable the equipment that provides access to the network.

For the foregoing reasons, TOSCANA HOME&DECOR is not responsible for any damage, harm, or loss to the User caused by system, server, or internet failures. The Company will also not be liable for any viruses that may infect the User's equipment as a result of accessing, using, or browsing the Site, or as a result of any transfer of data, files, images, text, or audio contained therein. Users may NOT attribute any liability to the Company or demand payment for damages or losses due to technical difficulties or system or internet failures. TOSCANA HOME&DECOR does not guarantee continued or uninterrupted access to and use of the Site. The system may eventually be unavailable due to technical difficulties or internet failures, or any other circumstance beyond the Company's control; in such cases, efforts will be made to restore it as quickly as possible, without incurring any liability.

TOSCANA HOME&DECOR will not be liable for any errors or omissions contained on the Site.


INTELLECTUAL AND INDUSTRIAL PROPERTY AND COPYRIGHT


TOSCANA HOME&DECOR acknowledges that it is the sole owner of all intellectual property rights, whether registered or unregistered, in the website www.toscanahomedecor.com, including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, text, logos, trademarks, domain names, trade names, and data included in the website www.toscanahomedecor.com. The entire content of our website is also protected by copyright as a collective work under Mexican copyright laws and international conventions. All rights reserved.

Users are advised that such rights are protected by current Mexican and international legislation relating to intellectual and industrial property and copyright.


Copying, reproduction, adaptation, modification, distribution, marketing, licensing, sending, disclosure, public communication and/or any other action that constitutes a violation of current Mexican or international legislation on intellectual and/or industrial property, as well as the use of the contents of the Site without prior express written authorization from TOSCANA HOME&DECOR, is prohibited.

In the event that the User transmits to TOSCANA HOME&DECOR any information, programs, applications, software or in general any material that requires licensing through the Website www.toscanahomedecor.com, the User hereby grants TOSCANA HOME&DECOR a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, publicly display and perform them.

The provisions of the preceding paragraph shall also apply to any other information that the User sends or transmits to TOSCANA HOME&DECOR, including, but not limited to, questions, criticisms, comments, and suggestions for updating or improving the Website, whether included in any space on the designated page or by other means or methods of transmission known or developed in the future. Furthermore, when the User submits comments or criticisms to the website, they also grant TOSCANA HOME&DECOR the right to use the name they submit in the context of such review, comment, or any other content.

For the above reasons, the User hereby expressly waives any right to take any action, demand or claim against TOSCANA HOME&DECOR, its affiliates or suppliers for any current or potential violation of any copyright or intellectual property arising from the information, programs, applications, software, ideas and other material that the User sends to the website www.toscanahomedecor.com.


If you believe that any content published on the Website violates intellectual or industrial property rights, you may notify us by contacting the TOSCANA HOME&DECOR Customer Service Center.

The User must provide: i) truthful personal information (name, address, telephone number, and email address of the claimant); ii) a handwritten signature with the personal information of the owner of the intellectual property rights; iii) a precise and complete indication of the content(s) protected by the intellectual property rights that have allegedly been infringed, as well as the location of said violations on the website in question; iv) an express and clear statement that the content indicated was posted without the consent of the owner of the intellectual property rights that have allegedly been infringed; v) an express, clear statement, under the claimant's responsibility, that the information provided in the notification is accurate and that the content(s) posted constitutes a violation of said rights.

The Website contains links to third-party websites. These links are provided solely as a convenience to the User and do not imply that TOSCANA HOME&DECOR has endorsed the content of such third-party websites. TOSCANA HOME&DECOR is not responsible for the content of linked third-party websites and makes no representations regarding the content or accuracy of materials on such third-party sites. If the User decides to access third-party websites through these links, they do so at their own risk.


ADVERTISING MATERIAL

The User acknowledges and accepts that some portions of the Website may contain information, images, advertisements, and other advertising or promotional materials from third-party sponsors and advertisers (hereinafter "Advertising Materials"). Advertisers and sponsors are responsible for ensuring that Advertising Materials submitted for inclusion on the Website comply with applicable laws and regulatory codes. TOSCANA HOME&DECOR is not responsible for any errors or inaccuracies in the advertising materials.


Likewise, the User hereby acknowledges and accepts that said Advertising Material is protected by applicable intellectual and industrial property laws.


WARRANTY ON PURCHASED PRODUCTS

TOSCANA HOME&DECOR acts as a distributor for manufacturers or wholesalers who guarantee that the products sold on the website www.toscanahomedecor.com function correctly and are free of defects or hidden flaws that could make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, each User's use of the products is their sole responsibility, without any liability on the part of TOSCANA HOME&DECOR.


The duration of the contractual warranty is clearly detailed on each item's product page and is issued and endorsed by the manufacturer or supplier of each product.


No User may request a broader warranty than that indicated herein. In such cases, TOSCANA HOME&DECOR will not be obligated to comply with these warranties or collect the damaged product(s).

The warranty will be void in the event of defects or damage caused by external factors, accidents, especially electrical accidents, wear and tear, improper use, or installation and use not in accordance with the supplier or manufacturer's instructions.


Products transported, modified, or repaired by the User or any other person not authorized by TOSCANA HOME&DECOR are excluded from the warranty. The warranty does not apply to apparent defects or product non-conformities, for which any claim must be filed by the User within 7 calendar days of delivery of the products.


PRODUCT INFORMATION

The information provided about each product, as well as any photographs or videos relating to them, and any trade names, trademarks, or distinctive signs of any kind contained on the TOSCANA HOME&DECOR Website, are provided for guidance only. TOSCANA HOME&DECOR is not responsible for any errors or inaccuracies in the product information.


CREDITS AND PROMOTIONS


TOSCANA HOME&DECOR will inform users subscribed to the newsletter via email of all future promotions and opportunities, including the dates and conditions.


Promotions will have specific terms and conditions, and Users interested in participating are responsible for reading and understanding these terms and conditions.


TOSCANA HOME&DECOR coupons cannot be combined with other coupons from the same store.

Credits generated through TOSCANA HOME&DECOR promotional activities (coupons, etc.) may only be exchanged for physical products sold on the website www.toscanahomedecor.com. Credits cannot be exchanged for other credits.


PURCHASE OF PRODUCTS


In order to purchase products, the User must pay for the selected products, taxes, and corresponding shipping costs through the payment service providers that TOSCANA HOME&DECOR makes available to the User on the Website. The User may only purchase products through the Website for delivery to an address within the United Mexican States.

Once the purchase has been made by the User, through implicit acceptance of the Terms and Conditions of Use, TOSCANA HOME&DECOR will send an email to the User informing them of the details of the purchase made.


PAY


Payment for products purchased on the Site may be made using any of the payment methods offered by the Site.


The list of payment methods offered may be subject to change at any time without prior notice to Users.


Payment by credit card or any other online payment method must be made on the Site.


The order number assigned when making a transaction on the Site does not imply acceptance of the transaction. If there is a problem with your order, you will be notified by email.

TOSCANA HOME&DECOR will send purchase confirmation via email. Only after payment confirmation will the products be released for delivery to the delivery address indicated by the User.


TOSCANA HOME&DECOR reserves the right to request official documents from its customers as a means of validating the process of purchasing products through the Site.

In the event of ignorance by the corresponding Banking Institution of the charges made by the User corresponding to through credit card and derived from operations carried out on the Site, TOSCANA HOME&DECOR reserves the right to initiate the corresponding legal actions and establish criminal or civil liabilities as the case may be or of any other nature, as well as to carry out all those internal actions that may range from charging the credit card of said User to the definitive cancellation of the User in the Site, for which prior authorization of the User will not be necessary.



ACCEPTANCE ORDER AND PRICES

All product prices indicated on the Website include VAT and any other applicable taxes. However, these prices do not include shipping costs, which will be detailed separately for each order and must be accepted and paid, prior to shipment, directly and exclusively by the User.


Users should be aware that there may be cases in which an order cannot be processed for various reasons. Therefore, TOSCANA HOME&DECOR reserves the right to refuse or cancel any order for any reason, at any time. Furthermore, users may be asked for additional information, even before accepting the order.



TOSCANA HOME&DECOR will provide the most accurate pricing information to Users; however, certain errors may still occur, such as instances where an item's price is not displayed correctly on the Website. As such, the Company reserves the right to refuse or cancel any order. In the event that an item's price is listed incorrectly, TOSCANA HOME&DECOR may, at its discretion, contact the User for instructions or cancel the order and notify the User of such cancellation. It should be noted that TOSCANA HOME&DECOR reserves the right to cancel such orders, whether or not the order has been confirmed and paid.



PRODUCT AVAILABILITY

All product orders are subject to availability. If, due to force majeure, or if product supply difficulties arise, or if, by exception, items are out of stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you may order. If you do not wish to order these substitute products, we will refund any amount you may have paid. We reiterate that we will always do our best to keep the website up to date.




SHIPPING AND DELIVERY COSTS OF THE PRODUCTS


TOSCANA HOME&DECOR will send the products purchased by the User to the address specified by the User for this purpose, provided that said address is within the coverage area communicated by TOSCANA HOME&DECOR.

Delivery time begins upon confirmation of payment by the bank, online payment platform, or TOSCANA HOME&DECOR Credit Department.


The products will be shipped and delivered to the User by third parties (hereinafter "Shipping Companies"). Pursuant to the foregoing, the User agrees to be bound by the Shipping Companies' delivery policies for the shipment and delivery of the products, which are incorporated by reference into these Terms and Conditions of Use.


The delivery time described on the Site is an estimate. Therefore, this delivery time may change for logistical reasons or due to force majeure. In the event of any unforeseen event or force majeure that may delay the delivery of products purchased on the Site, TOSCANA HOME&DECOR shall at all times be exempt from any liability.

If the User has not received the products within the timeframe stated by TOSCANA HOME&DECOR, they must contact the Company through the customer service center.


The cost of shipping will be added to the value of the purchased merchandise and will be calculated and communicated to the User before confirming the purchase. Shipping costs may depend on factors such as the total weight of the merchandise, the distance, and the type of delivery. TOSCANA HOME&DECOR may modify these costs at any time without prior authorization from the User.


Upon delivery, the person receiving the merchandise will be asked for official identification (voter ID, passport, FM2 immigration form, or driver's license), so it is required to have this document on hand upon delivery of the purchase.

TOSCANA HOME&DECOR recommends that the User verify the integrity and quality of the products received upon delivery. If the User is not satisfied with the products, they are requested not to accept the delivery from the Shipping Company and to immediately contact the TOSCANA HOME&DECOR customer service center.


CANCELLATION OF THE PURCHASE OF THE PRODUCTS

The User may cancel the purchase of Products made through the Website, provided that the Products purchased have not left the TOSCANA HOME&DECOR offices. If the Products have already been shipped by TOSCANA HOME&DECOR, the User may not cancel the purchase and must follow the procedure presented in the "Returns" section of these Terms and Conditions. The User may check the status of the purchase made on the website through the "My Orders" section of the User Account or by contacting the TOSCANA HOME&DECOR customer service center.


RETURNS


Return Conditions:


The User may return products purchased through the Website, provided that:


  1. Request a return within 15 calendar days of the delivery date OR, exclusively in the case of defective products, within the time period specified for the purchased products.

  2. The product(s) are in the same condition as when they were delivered to the User, with the original packaging and labeling, or alternatively in a similar format that guarantees their return in perfect condition.

  3. For hygiene reasons, exchanges and returns are not accepted for household goods.

  4. Return shipping costs will be at your expense; TOSCANA HOME&DECOR will charge a fixed amount, which will be displayed in the Returns and Exchanges section of our website. We will immediately deduct it from the refund amount.

If the order has any defects on the exterior of the packaging, please provide photos upon delivery. At that time, it is the user's responsibility to ensure that the box received is in good condition and check its integrity. It is the recipient's responsibility to review the condition in which the merchandise was delivered and note any observations they deem appropriate on the delivery note. If, upon receiving the order, any damage, breakage, defects, or missing merchandise are detected, it is very important that the user indicate the anomalies on the carrier's delivery note as "damaged packaging." Indicating "pending review" would have no legal validity when filing a claim for damage during shipment.

If the user received the order in perfect condition, but upon opening it it is damaged or defective, the user must contact our after-sales team by sending an email to web@toscanahomedecor.com , informing us of the anomaly, the order reference, the delivery date and images of the defect within a period of no more than 8 hours.


Users can request an exchange for any other product in our store of the same value as the purchase, or if they choose a higher-priced product, they will be required to pay the difference. They can also request a store voucher to use later.


Return Process:


The return process for the Products will be as follows:


  1. The User must contact the TOSCANA HOME&DECOR customer service center within the established period to request the return of the products and provide their first and last name, order number, names of the products to be returned, and the address where the products will be collected. If the return is due to a defective product or products or a different product than the one purchased through the Website, the User must also state this circumstance and, where applicable, mention the defects in the products (hereinafter the "Return Request").

  2. Once the Return Request has been approved, TOSCANA HOME&DECOR may send the User a shipping guide through the corresponding Shipping Company, as well as schedule the date on which the Shipping Company will collect the products from the address provided by the User.
  3. The User must, where applicable, pack the product in its original box or packaging, print and deliver the guide, as well as the Products in their original packaging or box to the Shipping Company on the date scheduled for such purpose.



REFUNDS


If payment was made by debit or credit card, the refund will be issued via a chargeback to the same card used. If payment was made by other means, the refund will be issued via bank transfer to the User's account.


TOSCANA HOME&DECOR is not and will not be held responsible for any costs incurred by returns that are made without following the steps established in the procedure presented in the "Returns" section.


Deadline for refunds in case of cancellation

In the event of cancellation of a purchase made by the User in accordance with the "Cancellation of Product Purchases" section of these Terms and Conditions, TOSCANA HOME&DECOR will refund the User the full amount paid within 15 calendar days from the date of cancellation of the User's purchase.


Deadline for refunds in case of return


Once the products returned by the User have been received, TOSCANA HOME&DECOR will review the returned products.


If the products received by TOSCANA HOME&DECOR meet the specifications set forth in point 2 of the "Return Conditions" section, TOSCANA HOME&DECOR will be obligated to refund the money paid by the User within 15 calendar days from the day on which TOSCANA HOME&DECOR received the returned products.

USER RESPONSIBILITY IN RELATION TO TRANSACTIONS


The User assumes responsibility for all costs, fees, taxes, and claims arising from the use of this Website. The login information provided to the User for their profile is intended solely for personal use and must be treated confidentially. The User must change their passwords regularly. All transactions made through the profile account will be charged to the relevant profile account holder and are binding.


The User shall be liable, without limitation, for any direct and indirect damages, as well as any consequential damages, which may be caused by gross negligence or unlawful intent.


BILLING POLICIES

The User must send an invoice request to the Company's customer service center within 24 hours of making the purchase. Invoice requests will not be processed for purchases that fall outside this timeframe.


When requesting an invoice, the User must have the following tax requirements on hand and send them to web@toscanahomedecor.com:



  • RFC with Homoclave

  • Full name or company name

  • Complete tax address including street, neighborhood, delegation or municipality, state and postal code

  • Method in which you made the Payment (cash, electronic funds transfers, personal checks or debit, credit, service cards or so-called electronic wallets authorized by the Tax Administration Service)

  • Enter at least the last 4 digits of your payment account.

  • Email where the invoice will arrive


Once the corresponding invoice has been issued, TOSCANA HOME&DECOR will not be able to re-invoice or issue subsequent invoices.

RESTRICTIONS FOR MINORS


TOSCANA HOME&DECOR does not intentionally sell to minors, so parents and guardians are advised to carry out any product purchases or registration on the Website themselves.


Parents or guardians of minors shall be liable for their actions in accordance with these Terms and Conditions of Use, including any damages caused to third parties, actions taken by them that are prohibited by law and by the provisions of this agreement, without prejudice to the User's liability, provided that the User is not the parent or legal representative of the minor offender.


RESPONSIBILITY

The User hereby agrees to indemnify and hold harmless TOSCANA HOME&DECOR and its subsidiaries, parent company, shareholders, directors, employees, officers, counselors and agents from and against any actions, proceedings, liabilities, demands, claims, losses, liabilities, damages, costs, damages, expenses and costs, as well as the expenses, costs and fees of attorneys and external advisors that arise from or are related to the violation by the User of: (i) these Terms and Conditions, and/or (ii) any laws, rules, decrees or regulations in force.


TOSCANA HOME&DECOR reserves the right to assume the defense and control of any matter or claim that involves or may involve the payment of compensation associated with any breach by the User. The User agrees to cooperate with TOSCANA HOME&DECOR in the development of any relevant defenses.

MODIFICATIONS TO THE SITE www.toscanahomedecor.com


TOSCANA HOME&DECOR may, at any time and whenever it deems appropriate, without prior notice to the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site, without this giving rise to or entitling the User to any claim or compensation, nor implying recognition of any liability whatsoever on the part of the User.


VALIDITY, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE


The Company, as well as the User, acknowledge that the Terms and Conditions are of unlimited validity, and will come into force upon their publication on the Site.

TOSCANA HOME&DECOR reserves the right to make changes to this document without prior notice. Therefore, TOSCANA HOME&DECOR recommends that the User reread this document regularly to ensure they are always informed of any changes. Changes to the contract will become effective immediately upon publication on the Website. Once changes are made, it will be presumed that the User who continues to use the Website has full knowledge of, read, and agreed to the revised Terms and Conditions. If the User does not accept the modified terms and conditions, they must stop using the Website.


TOSCANA HOME&DECOR may at any time suspend access to the Website and/or terminate these Terms and Conditions. Termination of these Terms and Conditions shall not, under any circumstances, imply any indemnification by TOSCANA HOME&DECOR to the User.

SUBSISTENCE


These Terms and Conditions of Use, as well as any additional terms, constitute the entire agreement between the parties and supersede any prior agreements or contracts. Any clause or provision of this agreement, as well as any additional terms, that is legally declared invalid will be deleted or modified at TOSCANA HOME&DECOR's discretion to correct the defect. However, the remaining clauses or provisions will remain in full force and effect.


ADDITIONAL TERMS

From time to time, TOSCANA HOME&DECOR may revise, update, and/or add to the Terms and Conditions of Use of this agreement additional provisions relating to specific areas or new services provided on or through the website www.toscanahomedecor.com. These provisions will be published in the specific areas or new services of said site for your review and acceptance. The User acknowledges and accepts that these additional terms form an integral part of this agreement for all applicable legal purposes.


APPLICABLE LAW AND JURISDICTION


These Terms and Conditions of Use shall be construed and governed by the laws in force in Mexico City, without regard to the application of the Convention on the International Sale of Goods.


ASSIGNMENT OF RIGHTS

The rights granted to the User are to be considered personal rights, and the User may not assign or transfer them, nor authorize any third party to use them in any manner. TOSCANA HOME&DECOR may assign all or part of its rights and/or obligations to any third party, subsidiary, or parent company of TOSCANA HOME&DECOR without prior authorization from the User. By virtue of such assignment, TOSCANA HOME&DECOR will be released from any obligations to the User established in this agreement.


NO WAIVER OF RIGHTS


Failure by TOSCANA HOME&DECOR, its affiliates, or suppliers to exercise any right or action arising from this agreement shall not, under any circumstances, be construed as a waiver of such rights or actions.


COMPENSATION

The User agrees to indemnify TOSCANA HOME&DECOR, its affiliates, suppliers, vendors, and advisors from any action, claim, or demand (including attorneys' fees and court costs) arising from any breach by the User of this agreement, including, but not limited to, any of the following:



  1. Any aspect relating to the use of the website www.toscanahomedecor.com.

  2. The information contained or available on or through said Site or any insults, defamation or any other conduct in violation of this agreement by the User in the use of the indicated Website.

  3. Violation of applicable laws or international treaties relating to copyright or intellectual property contained in or available on or through the Website.



OTHERS

If any provision of these Terms and Conditions is illegal, void, or unenforceable in any jurisdiction, it will not affect: (i) the legality, validity, or enforceability in such jurisdiction of any other provision of this agreement; or (ii) the legality, validity, or enforceability in any other jurisdiction of such or any other provision of this agreement.


TOSCANA HOME&DECOR may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them, unless expressly acknowledged by TOSCANA HOME&DECOR, or the corresponding action in each case has been prescribed.


The headings of the clauses are included herein for convenience and ease of handling, and therefore will not be considered in any way for the purposes of its interpretation, nor will they affect the obligations contained herein.

These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices published or communicated, from time to time, by TOSCANA HOME&DECOR through the Website, constitute the entire agreement between the User and TOSCANA HOME&DECOR in relation to the Services offered by TOSCANA HOME&DECOR through the Website.