Terms and Conditions Online Store

1. Acceptance of the Terms and Conditions

The following Terms and Conditions govern the use of the website https://tienda.centralamericacargo.com/ and mobile applications, hereafter referred to as the (“Site” or the “STORE”), and all the services and products offered by the STORE of CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP., a corporation duly registered under Mercantile Folio No. 658425 (S), through the website https://tienda.centralamericacargo.com/ (hereafter, the “Service”). CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. is the sole owner, creator, and developer of the Site. By registering as a user of the Site and providing the required information, you acknowledge and agree that you have read and understood these Terms and Conditions of Use, and that this document constitutes a binding agreement (hereafter, the “Agreement”) between you and the Site. Under this Agreement, you agree to receive all communications from the Site via the email address you have provided, and you commit to keeping your email address updated in your Site profile. You also agree to receive all notifications sent to that email address. Access to and use of this platform are subject to the acceptance of the following Terms and Conditions, any documents incorporated into them, and any future modifications. By accessing and using this website, you are accepting the Terms and Conditions. If you, as a user, do not agree with these terms, or with any other documents incorporated into them, you must refrain from accessing or using the Site.

The General Terms and Conditions contained in this document will apply and be considered an integral part of all acts and contracts executed or entered into through the systems of offer and commercialization included in the Central America Cargo Panama Store (hereinafter referred to as “THE COMPANY”) and its Users.

2. STORE SERVICE

CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. will provide, through the website, a STORE exclusively for commercial purposes and reserves the right to prohibit any plagiarism through any technological tools such as compilers, automatic devices that allow copying or scanning, and attempts to illegally access its site.

The use of the content displayed on the platform for illegal purposes that violate the rights of CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. or its customers, or that violate any local, national, or international regulations, is prohibited. The STORE is a digital tool that allows users to view the products and/or services offered by THE COMPANY and, ultimately, purchase them, selecting the mode of transportation for the delivery of the products.

3. USE OF THE STORE

CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. offers free access to the STORE, without requiring prior registration, allowing users to view the products commercialized by THE COMPANY and purchase them.

If Users wish to purchase products offered in the STORE, they must add the products to the “Cart” section and select the “Submit Order” option. To continue with the transaction, the user will have the option to create an account or complete the purchase as a guest. If the user chooses to complete the purchase as a guest, they must fill out a form with valid, truthful, and accurate information to properly manage the order. If the user opts to create an account for future convenience, they will need to register to complete their information.

In all of the above cases, users must meet the following requirements: (i) be a person with the legal capacity to contract and not be legally restricted or suspended from doing so; (ii) be eighteen (18) years of age or older to register as a user and use the Service; (iii) provide true, up-to-date, complete, and accurate information in the Site registration form (hereafter referred to as “Customer Information”) and keep this information updated.

The information provided by the users will be considered a sworn statement; if false, inaccurate, outdated, or incomplete information is provided, or if we suspect that the information is false, inaccurate, outdated, or incomplete, we are hereby authorized and the user acknowledges and agrees that we may suspend or cancel their account and deny present or future use of the Service and the Site. We also reserve the right to cancel ongoing transactions and initiate any legal actions deemed appropriate. In light of the above, Users release CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. from any indemnification, payment, and/or compensation regarding any action taken by CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP.

Upon completing the purchase, the User will have the following options for placing their order: (1) Request the order to be delivered by an air courier; or (2) Request the order to be delivered by sea freight. The User agrees to accept any shipping-related charges communicated via the email provided to CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP.

The User is responsible for not exceeding the limits for importation into the destination country. In this regard, the User releases CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. from any responsibility if the order is held by the authorities of the destination country.

You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, please notify our customer service department immediately at ventaspty@centralamericacargo.com to block the account. CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. is not responsible for any damage or loss caused by the theft or loss of access credentials to the User’s account or by the use of the account by a third party.

4. MODIFICATIONS TO THE AGREEMENT

THE COMPANY reserves the right to modify the General Terms and Conditions at any time by making the modified terms public in the STORE. Any modification will be immediately communicated to Users through the STORE update, and it will take effect with respect to third parties from the date of publication in the legal documents section of the STORE. For

clarity regarding the validity of this document, Users will find the latest update date at the top of this document.

If the User does not agree with the updated General Terms and Conditions, they must refrain from using the STORE and its updates, as using the STORE implies the User’s express consent to the current General Terms and Conditions.

THE COMPANY reserves the right to modify or withdraw products or services offered, based on their availability, in accordance with these General Terms and Conditions, at any time and for any reason. In the event of a modification in the stock of the products selected by Users, such information will be communicated to them prior to processing the payment of their order.

5. PRICING POLICY

CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. will make every effort to inform the user of prices; however, the information, software, products, and services published in the STORE may include inaccuracies or errors, including pricing errors. Specifically, CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. assumes no responsibility for any errors and/or inaccuracies of any kind and does not guarantee the accuracy of the information and description of products shown in the STORE (including but not limited to prices, photographs, product listings, general product descriptions, etc.), as this information is provided by the respective suppliers.

The validity of product prices will coincide with the validity date indicated in the STORE, in accordance with the current promotion.

The prices of products available in the STORE, while displayed as available, will be valid as published in the STORE or adjusted to the corresponding valid prices of THE COMPANY, depending on the option selected by the User. Additionally, these prices will not apply to other sales channels used by THE COMPANY and/or its affiliates, such as other online sales sites, physical stores, or other outlets. The prices of products offered in the STORE are expressed in the local currency of the country where the User makes the purchase and/or transaction. The prices offered correspond exclusively to the value of the product offered and do not include shipping, handling, delivery, accessories, or other charges unless expressly stated, nor do they include any additional item or bank interest charges for the chosen payment method.

The sale and delivery of products are conditioned by their availability. When a product is not available and/or a typographical error has occurred, THE COMPANY will immediately notify the User. Similarly, THE COMPANY will be responsible for delivering these products to the User according to the available options through the STORE.

6. PAYMENT METHODS AVAILABLE IN THE STORE

The products offered in the STORE, unless otherwise specified for particular cases or specific promotions, may only be paid for using the methods specifically indicated in each case. When payments are made via the Moneris payment platform, the User accepts that CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. does not own, operate, or

manage the Moneris payment platform offered through the STORE. Consequently, any errors, suspensions, or system failures on that platform will not be the responsibility of CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. Additionally, by accepting the General Terms and Conditions, Users also agree to Moneris’s terms and conditions. When the User chooses to make the payment: (i) they must provide a credit or debit card or other electronic payment methods to pay for the Order. This information is managed securely; CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. does not store your data.

The use of credit or debit cards will be subject to these General Terms and Conditions and the applicable terms and conditions of the payment platform and the issuer, and to the agreements made with the respective bank issuing the payment method. For accepted banking cards in the STORE, aspects such as issuance dates, expiration, blocks, fees, installment purchases, etc., will be governed by the respective agreements made with the issuing bank of the payment method, so THE COMPANY will not be responsible for any of the mentioned aspects.

The User must exercise particular caution when providing personal data, which must be complete and truthful at the time of placing the Order. Additionally, by entering their data, the User guarantees that (i) the data provided for their electronic payment method belongs to them and that they have sufficient funds to make the payment, when this is the preferred method; (ii) their identity corresponds with the information contained in the official and original identification provided by the national authorities.

It should be noted that the transaction could be canceled or annulled if the user does not provide complete data or provides incorrect information, without prejudice to any legal action that may be initiated by the payment platform or CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. against the violating user.

7. RETURN AND EXCHANGE POLICY

CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. does not accept returns of money, merchandise, or shipping fees once the shipment has been made. Contrary to this, the customer may cancel their order up to twenty-four (24) hours after making the purchase.

If the User needs to cancel the order, they must coordinate directly with CENTRAL AMERICA CARGO AGENCY, through its Customer Service Department (SAC), which, on behalf of the STORE, will manage the order cancellation.

If the User needs to make changes to the order, they will have up to 24 hours to request an exchange for a product of equal value or pay the difference, for which they must follow the process outlined in the previous paragraph.

Any claims the USER deems necessary will be addressed as quickly as possible and can be made through the following email: customerservicepty@centralamericacargo.com.

8. FISCAL PURCHASE DOCUMENTS – FISCAL INVOICE

Simply accessing and viewing the STORE will not generate fiscal invoices for Users if no sales transaction has been made through the STORE. THE COMPANY, as the seller, must issue the corresponding fiscal invoice in favor of the User.

9. INTELLECTUAL PROPERTY

All content included or made available to the User in the STORE, including text, graphics, logos, icons, images, audio files, digital downloads, and any other information (the “Content”), is owned by THE COMPANY or has been licensed to it by third parties. The compilation of the Content is the exclusive property of THE COMPANY, and as such, the User must refrain from extracting and/or reusing parts of the Content without the prior and express consent of THE COMPANY.

In addition to the Content, trademarks, whether denominative or figurative, service marks, industrial designs, and any other element of intellectual property that is part of the Content (the “Industrial Property”), are owned by THE COMPANY and, therefore, are protected by copyright laws and international treaties concerning trademarks, patents, models, and industrial designs.

Unauthorized use and total or partial reproduction of such content are prohibited unless expressly authorized in writing by CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. Additionally, such content may not be used by Users in connection with any product or service not provided by CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. Likewise, Industrial Property cannot be used by Users in connection with any product or service not sold or offered by THE COMPANY or in a way that creates confusion among Users or discredits THE COMPANY or its Supplier Companies.

10. USER-GENERATED CONTENT

Users will have the opportunity to publish on their own social networks: ideas, concepts, information, data, text, music, sounds, photos, graphics, videos, messages, comments on the products sold by THE COMPANY, advertising material, opinions, etc. (hereinafter, “User Content”). User Content will be subject to the STORE’s Privacy Policy and will be governed by the provisions set forth in the Web Usage Conditions of the STORE. In no case will User Content generate compensation, liability, and/or indemnification by CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP.

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The user expressly acknowledges and agrees that: (a) use of the Service or the Site is at their sole risk. The Service is provided “as is” without warranties of any kind, except as expressly included in the description of the Product or Service; (b) no warranties are given that the Site or Service will be error-free or faultless; (c) CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. assumes no obligation or responsibility for any error or omission in providing the Service or in the content of the Site. CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. only offers and agrees to the terms and conditions displayed in each of the payment services offered on our platform; (d) CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. does not represent or warrant that the information on or accessible through the Site is complete or up-to-date. The company assumes no

responsibility for any damages or viruses that may affect your computer or equipment due to your access, use, or navigation of the Site. The company will have no liability or obligation concerning any act, omission, or conduct of any user or third party.

CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. will not guarantee uninterrupted and error-free transmission of the STORE, given the nature of the Internet. Likewise, Users’ access may be occasionally restricted or suspended to carry out repairs, maintenance, or introduce new services. THE COMPANY will not be responsible for losses (i) that were not caused by the failure to fulfill its obligations; (ii) lost profits or business opportunities; (iii) any indirect damages.

12. INDEMNIFICATION

The user agrees to keep CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP., its subsidiaries, affiliates, officers, agents, partners, and employees free from any loss, liability, claim, action, demand, compensation, damage, or harm related to the Service, especially in cases where the user violates the Terms and Conditions or the incident arises from the user’s failure to comply with their obligations under this document. Consequently, CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. will have the right to be reimbursed by the user for any loss or expense it incurs, including those related to its defense, such as attorney’s fees, the posting of bonds, or any other costs, in cases where it is judicially determined that the company is not responsible for the causes that originated such losses or damages.

13. LEGAL NATURE

These General Terms and Conditions are of a commercial nature. They do not create subordination, dependence, or any labor relationship between the User and THE COMPANY. Each party assumes its own risks and the totality of the costs involved in using the STORE. The User is prohibited from presenting themselves to third parties as an employee, representative, or dependent of THE COMPANY or including in their documentation any mention that suggests they hold such status.

This commercial agreement does not constitute any type of partnership, joint venture, consortium, agency, mandate, or representation between the parties.

14. ASSIGNMENT

The Merchant may not assign these Terms and Conditions or any obligations arising from them without the prior express approval of CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. may do so after notifying the Merchant.

15. TAXES
The Merchant agrees to pay the taxes that, from time to time, may be determined.

16. LEGAL TERMS

If any provision of these General Terms and Conditions is declared illegal or presents a gap or for any reason becomes unenforceable, it should be interpreted within the framework of the document, and in any case, it will not affect the validity and enforceability of the remaining provisions.

17. NOTIFICATIONS

Any comments, concerns, or claims regarding these General Terms and Conditions or their enforcement should be notified in writing to THE COMPANY at the following email address: ventaspty@centralamericacargo.com.

18. JURISDICTION AND APPLICABLE LAW
This agreement will be governed in all respects by the laws in force in the Republic of

Panama.

Any legal action arising from these Terms and Conditions of Use, their existence, validity, interpretation, scope, or enforcement will be submitted exclusively to the Ordinary Courts of Panama City, Republic of Panama, including all non-contractual obligations arising from or related to these Terms and Conditions of Use.

19. TRANSPORTATION COSTS
The prices of the products include shipping costs; however, once the package reaches its destination, the recipient may be subject to customs duties and/or additional storage and distribution fees, depending on the type of product purchased, which must be borne by the recipient. It is recommended that the recipient verify the customs regulations and the terms and conditions of the shipping service before making an international purchase.

20. SECURITY MEASURES
The website uses industry-standard information security techniques such as firewalls, access control procedures, and cryptographic mechanisms to prevent unauthorized access to and theft of data. To achieve these purposes, the user/customer agrees that the STORE may obtain data for the corresponding authentication of access controls.
The STORE commits to not allowing any transactions deemed illegal by credit card brands or the acquiring bank, which could potentially damage their goodwill or negatively influence them.
The following activities are prohibited under the credit card brand programs: the sale or offer of a product or service that does not comply with all applicable laws concerning the Buyer, Issuing Bank, Merchant, or Cardholder.

GENERAL

The failure of CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. to act in response to a particular circumstance does not preclude its ability to act with respect to that or any other circumstance at any time. By using the Site or the Service, you agree to receive electronic communications from CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. These communications will include notifications regarding your account (for example, the sending and receiving of emails and other transactional information) and information

concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications we send you electronically satisfy any legal requirements for communication, including that such communications be in writing. CENTRAL AMERICA CARGO AGENCY (PANAMA), CORP. is exempt from any breach to the extent that its performance is affected or hindered by any reason beyond its control.

The terms and conditions expressed here govern the behavior and relationship of STORE users. No waiver expressly formulated or derived from any breach of this policy will be considered a modification of the terms and conditions of this contract. 

 

 

 

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