Last Updated: December 21, 2020

Welcome to Tembol.com. Internet Services LLC and/or its affiliates ("Tembol.com") provide you with website features and other products and services when you visit or purchase on Tembol.com, use Tembol's products or services provided by Tembol in connection with any of the aforementioned options (collectively referred to as "Tembol Services"). Tembol provides the Tembol Services subject to the following conditions.

By using Tembol Services, you agree to these terms. Please read them carefully.

We offer a wide range of Tembol Services and, on occasion, additional terms may apply. When using a Tembol Service (e.g., Your Profile, Gift Cards, etc.), you will be subject to the guidelines, terms, and agreements applicable to those specific terms and conditions.

PRIVACY

Please refer to our Privacy Notice, (and also learn about how we use cookies) which also governs your use of Tembol Services, to better understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any Tembol Service or send emails, text messages, or other communications to us from your mobile or desktop device, you are communicating with us electronically. You consent to receive communications from us electronically via email, text messages, mobile push notifications, notices and messages on this site or through other Tembol Services such as our Message Center, copies of which you may retain for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

COPYRIGHT

All content included or made available through any Tembol Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tembol or its content suppliers and is protected by Panamanian and international copyright laws. The entire content included or made available through any Tembol Service is the exclusive property of Tembol and is protected by Panamanian and international copyright laws.

TRADEMARKS

Additionally, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Tembol Service are trademarks or trade dress of Tembol in Panama and other countries. Tembol's trademarks and trade dress may not be used in connection with any product or service that is not Tembol's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tembol. All other trademarks not owned by Tembol that appear in any Tembol Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tembol.

PATENTS

One or more patents owned by Tembol apply to the Tembol Services and to the features and services accessible via the Tembol Services. Portions of the Tembol Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and applicable Service Terms, and your payment of any applicable fees, Tembol or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Tembol Services. This license does not include any resale or commercial use of any Tembol Service or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of any Tembol Service or its contents; any downloading, copying, or other use of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Tembol or its licensors, suppliers, publishers, rightsholders, or other content providers. No part of the Tembol Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tembol. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tembol without express written consent. You may not use any meta tags or any other "hidden text" utilizing Tembol's name or trademarks without the express written consent of Tembol. You may not misuse the Tembol Services. You may use the Tembol Services only as permitted by law. The licenses granted by Tembol terminate if you do not comply with these Terms of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Tembol account to use certain Tembol Services, and you may be required to log in to the account and have a valid payment method associated with it. If there is an issue with the payment method you selected, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Tembol sells products for children, but sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Tembol Services only with the involvement of a parent or guardian. Alcohol product listings on Tembol are intended for adults. You must be at least 18 years old to purchase alcohol or use any site functionality related to alcohol products. Tembol reserves the right to refuse service, terminate accounts, terminate your rights to use Tembol Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tembol reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant Tembol a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tembol and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tembol for all claims resulting from content you supply. Tembol has the right but not the obligation to monitor and edit or remove any activity or content. Tembol takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY CLAIMS

Tembol respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us via our contact form.

RISK OF LOSS

All purchases of physical products from Tembol are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE

Tembol does not take title to returned items until the item arrives at our fulfillment center or, where applicable, at the supplier's warehouse selling through our platform. At our discretion, a refund may be issued without requiring a return. In this situation, Tembol does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Tembol attempts to be as accurate as possible. However, Tembol does not warrant that product descriptions or other content of any Tembol Service are accurate, complete, reliable, current, or error-free. If a product offered by Tembol is not as described, your sole remedy is to return it in unused condition.

PRICING

The "List Price" displayed for products represents the full retail price suggested by the manufacturer, supplier, or seller. Periodically, we compare the "List Price" to prices recently found on Tembol and other retailers. Certain products may have a "Previous Price," which is derived from the product's recent pricing history on Tembol.

With respect to items sold by Tembol, we cannot confirm the price of an item until you place an order. Despite our best efforts, a small number of items in our catalog may be mispriced. If the correct price of an item sold by Tembol is higher than our stated price, at our discretion, we will either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other sellers may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until the digital product is made available.

OTHER BUSINESSES

Parties other than Tembol operate stores, provide services or software, or sell product lines through the Tembol Services. We provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Tembol. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their websites). Tembol does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Tembol Services and all information, content, materials, products (including software), and other services included or otherwise made available to you through the Tembol Services are provided by Tembol on an "as is" and "as available" basis, unless otherwise specified in writing. Tembol makes no representations or warranties of any kind, express or implied, as to the operation of the Tembol Services or the information, content, materials, products (including software), or other services included or otherwise made available to you through the Tembol Services, unless otherwise specified in writing. You expressly agree that your use of the Tembol Services is at your sole risk.

To the full extent permissible by law, Tembol disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Tembol does not warrant that the Tembol Services, information, content, materials, products (including software), or other services included or otherwise made available to you through the Tembol Services, Tembol's servers, or electronic communications sent from Tembol are free of viruses or other harmful components. To the full extent permissible by law, Tembol will not be liable for any damages of any kind arising from the use of any Tembol Service, or from any information, content, materials, products (including software), or other services included or otherwise made available to you through any Tembol Service, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

DISPUTES

Any dispute or claim relating in any way to your use of any Tembol Service, or to any products or services sold or distributed by Tembol or through Tembol.com, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Panamanian arbitration laws govern this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our legal team at arbitration@Tembol.com.

You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Both parties agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Tembol Service, you agree that Panamanian laws, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Tembol.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Terms of Service, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.