Terms & conditions

Welcome to penkybites.com!

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These terms and conditions describe the rules and regulations for the use of Smart Global Trading, LLC. website, located at www.penkybites.com.

1. Acceptance of Terms and Conditions
 

1.1 By accessing and using the Penky Bites website (www.penkybites.com) or making a purchase through it, you accept these General Terms and Conditions ("Terms and Conditions") in their entirety. 

 

This website is operated by Smart Global Trading LLC trading name www.penkybites.com. Throughout the site, the terms "we", "us", "us" and "our" refer to Smart Global Trading LLC trading name www.penkybites.com offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you participate in our "Service" and agree to the following terms and conditions ("Terms of Service", "Terms"), including all additional terms and conditions and policies referenced herein and/or available via hyperlinks. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, suppliers, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you are agreeing to the Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use any of the services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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2. Cookies:
 

The website uses cookies to help personalize your online experience. By accessing penkybites.com, you consent to the use of cookies.

A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional cookies. There are some mandatory cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please note that by accepting required cookies, you also accept third-party cookies, which may be used through services provided by third parties if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

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3. License:

Unless otherwise stated, Smart Global Trading, LLC. and/or its licensors own the intellectual property rights for all material on penkybites.com. All intellectual property rights are reserved. 

You must not:

• Copy or republish material from penkybites.com.

• Sell, rent or sub-license material from penkybites.com

• Reproduce, duplicate, or copy material from penkybites.com

• Redistribute content from penkybites.com

 

The Site, its logos, and all material appearing thereon are trademarks, domain names, trade names, and artistic works owned by their respective owners and are protected by international treaties and applicable intellectual property and copyright laws in favor of Smart Global Trading LLC. You may not reproduce, modify, copy, distribute, license, publish, upload, post, or disseminate without the prior written permission of Smart Global Trading LLC, any text, video, software program, product, service, or any other service or product contained on the Site.

 

In the event that any user or third party believes that any of the content found or posted on such site https://www.penkybites. com and/or any of its services violate their intellectual property rights, you must send a notification to the following address info@penkybites.com in which you indicate: (i) truthful personal data (name, address, telephone number, and e-mail address of the claimant); (ii) autograph signature with the personal data of the holder of the intellectual property rights; (iii) precise and complete indication of the content (s) protected by the intellectual property rights allegedly infringed, as well as the location of such violations on the referred website; iv) express and a clear statement that the introduction of the indicated content(s) has been made without the consent of the holder of the intellectual property rights allegedly infringed; v) express, a clear statement under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes an infringement of said rights.

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4. Online Store Terms
 

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this site. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 13 and 18, please note that you are fully responsible for his or her use of the Site, including any financial charges and legal liabilities he or she may incur.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit worms, viruses, or any code of a destructive nature.

Failure to comply with or breach of any of these Terms will result in immediate termination of your Services.

5. Terms and Conditions

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right in our sole discretion to refuse or cancel any order for any reason. Your account may be restricted or terminated for any reason at our sole discretion. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use our Site.

You understand that your content (not including your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform or adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks.

All registration and billing information provided must be true and accurate. Providing any false or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase, at the end of the checkout process, you agree to accept and pay for the items ordered.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

The headings used in this agreement are for convenience only and do not limit or affect these Terms.

 

6. Accuracy, completeness, and timeliness of information.

We shall not be liable if the information available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting more accurate, complete, or timely information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

7. Modifications to service and prices

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

 

8. Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to return or exchange in accordance with our return policy only.

We have made every effort to display the colors and images of our products, in the store, as accurately as possible. We cannot guarantee that your computer monitor will display colors accurately.

The descriptions of the products displayed on the Site are made on the basis of information provided by Smart Global Trading LLC's suppliers, However, the information given about each product, as well as photographs or videos relating to them and trade names, trademarks or distinctive signs of any kind contained in the Site of ASmart Global Trading LLC, are exposed in https://www.penkybites.com/ as a guide.

All products are subject to availability. The images of the banners are illustrative. They are legal and cover all publications made in all media.

All promotions are not cumulative with other promotions. They apply while supplies last and are restricted to one per person.

The use of coupons is personal, with only one coupon per user. Coupon per order. Each coupon may have particular restrictions that will be communicated in the banner.

We reserve the right but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Smart Global Trading LLC is committed to providing the best products that meet our fashion grooming standards, as well as complying with the highest health safety and related applicable regulatory requirements. In the event that any of our products do not meet the highest standards, we will not be liable for any damages resulting from the failure to use or defect of the products and will remove the product from our marketplace immediately.

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9. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

Prices may vary without prior notice due to external factors: currency devaluations, and drastic alterations in the exchange rate, among others.

In the event that we make a change or cancel an order, we may attempt to notify you by contacting us via email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information used for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

For more details, please review our Returns Policy, in section 21 of this document.

Your Responsibility for Transactions

You assume responsibility for all costs, fees, taxes, and claims arising from your use of this Website. The access data communicated for your profile is intended for your personal use and should be treated confidentially. You must change your passwords regularly. All transactions made through the profile account will be imputed to the holder of the relevant profile account and will be binding.

You are liable without limitation for direct and indirect damages, as well as consequential damages, which may be caused by gross negligence or unlawful intent.

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10  Optional Tools

We may provide you with access to third-party tools which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of tools provided by third parties.

Any use you make of optional tools offered through the Site is at your own risk and discretion and you should ensure that you are familiar with and approve of the terms under which these tools are provided by the third-party provider(s).

We may also, in the future, offer you new services and/or features through the Site (including, the release of new tools and resources). These new features and/or services will also be subject to these Terms of Service.

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11. Third-Party Links

Certain content, products, and services available via our Service may include material from third parties.

Third-party links on this site may redirect to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party material or websites, or for any materials, products, or services of third parties.

We shall not be liable for any damages or injury related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

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12. User comments, solicitation and other submissions

If, at our request, you submit certain specific submissions (e.g., contest entries) or without a request from us you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use any comments you have submitted to us. We do not and will not have any obligation (1) to keep any Comments confidential; (2) to pay compensation for Comments; or (3) to respond to Comments.

We may, but have no obligation to, monitor, edit or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or objectionable or violates any party's intellectual property or the Terms of Service.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, use an identity other than a legitimate one, or otherwise mislead third parties or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability with respect to comments posted by you or any third party.

 

 

13. Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Notice.

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14. Errors, Inaccuracies and Omissions

From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order) .

We undertake no obligation to update, correct or clarify any information on the Service or any related website, including, without limitation, pricing information, except as required by law. No updated specification or update date applied on the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.

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15. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any regulations, rules, international, federal, provincial or state laws, or local ordinances; (d) to infringe or violate our or any third party's intellectual property right; (e) to harass, abuse, insult, harm, defame, libel, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other malicious code that is or may be used in any way that could compromise the functionality or operation of the Service or any related website, other sites or the Internet; (h) to collect or track personal information from others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website¿ other sites or the Internet. We reserve the right to suspend your use of the Service or any related website for violating any of the prohibited use items.

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15.1 Site Security

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You may not violate or attempt to violate the security of the Site, including, without limitation:

• Accessing data not intended for User or logging into a server or account that User is not authorized to access.

• Attempt to penetrate, scan or test the vulnerability of a system or network; or breach security or authentication measures without proper authorization.

• Attempt to interfere with service to any user, host, or network, including without limitation, through the delivery of viruses to the Site, overloading, flooding, spamming, mail bombing, or crashing.

• Sending unsolicited mail, including promotions and/or advertisements for products or services.

• Forging any TCP/IP header or any part of the header information in any email or newsgroup

 

Violations of system or network security may result in civil or criminal liability. Smart Global Trading LLC will investigate occurrences that may involve such violations and may involve, cooperating with law enforcement authorities in prosecuting users who engage in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper use of this Site or any activity conducted on this Site. You agree, hereinafter, not to use or attempt to use any machine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search for any purpose other than the search and search agents available from ASmart Global Trading LLC. on this Site and other third party browsers that are generally available (e.g., Netscape, Navigator or Microsoft Explorer).

16. Exclusion of Warranties; limitation of liability

We do not warrant or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice.

You expressly agree that your use of, or ability to use, the Service is at your own risk. The Service and all products and services provided through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Smart Global Trading LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damages, losses, claims, or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of income, loss of savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), liability strict or otherwise, as a result of the use of any of the services or products purchased through the service, or for any other claim related in any way to the use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) published, transmitted, or made available through the service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the fullest extent permitted by law.

17. Indemnification

You agree to indemnify, defend and hold harmless Smart Global Trading LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or resulting from your breach of the Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

18. Severability

In the event that any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be effective to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination will not affect the validity of applicability of the other remaining provisions.

19. Termination

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by you or us. You can terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.

If in our judgment you fail, or are suspected of failing, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain responsible for all amounts due until including the termination date; and/or accordingly we may deny access to our services (or any part thereof).

20. Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals. , whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).

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21. Return Policy

 

• Term:

When you purchase a product from our online store, you have a 7-day return period starting from the date the courier delivered your order to the address specified during the purchase. You must notify us of the return before the 7 days expire through one of our customer service channels:

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If you choose to return the product to an authorized distributor where you made the purchase, such as a convenience store, we would love to hear about your experience at the self-service store where you bought it and any comments you can provide to improve. Please email us at info@penkybites.com.

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• Conditions:

To be eligible for a refund, the item must meet the following conditions

  - Be in its original packaging, without alterations or modifications.

  - The product must be unopened in its original packaging.
  - Present the original purchase receipt.
 

• Steps to Request a Refund:

For remote returns, contact us directly at info@penkybites.com.
Provide the following information in the email:

  - Product details and order number.
  - Reason for the return.
  - Attach images of the product in its original packaging and the purchase receipt.
 

• Evaluation Process:

Contact via Email:
Our team will review the provided information.
You will be notified via email regarding the approval or denial of the refund.

 

• Refund Resolution:

Approval:
If the refund is approved, it will be processed through the original payment method within a reasonable timeframe.
You will be notified by email once the refund has been processed.

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• Denial:

In case of denial, detailed reasons will be provided.
Possible alternative solutions or corrective actions will be offered.

Remember that it is crucial to follow the detailed steps and meet the conditions to ensure an efficient and satisfactory refund process.

 

• Shipping Costs:

If you decide to send a product purchased in self-service stores to our legal address, please note that transportation costs and other expenses associated with returning the product to our legal address, for any reason, will be covered by the customer. Regarding online purchases, shipping costs will be indicated during the purchase process and will be borne by the customer unless otherwise specified.

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22. Quantity limits and sales to wholesalers

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Your account may also be restricted or terminated for any reason at our sole discretion. Smart Global Trading LLC. also reserves the right at our sole discretion to prohibit sales to dealers, wholesalers, or resellers. For the purposes of these Terms of Use, resale is understood to mean: the purchase or attempted purchase of any product(s) from Smart Global Trading LLC. for the purpose of engaging in a commercial sale of that same product to a third party.

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23. Export Policy

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When buying from Smart Global Trading LLC. You acknowledge that the purchase of goods licensed or sold on the Site, which may include technology and software, are subject to the laws of controls and regulations of the United States of Mexico and may also be subject to customs and export from the country in which the products were manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to comply with all applicable laws, rules and regulations including, but not limited to, the Export Administration Law and the Arms Export Law.

You further represent and warrant that you will not transfer, via electronic transmission or otherwise, the Software or technology to a foreign country or foreign destination in violation of the law.

24. Applicable Law and Jurisdiction

These Terms and Conditions are governed by the laws in force in Mexico and any dispute or claim related to them will be subject to the exclusive jurisdiction of the competent courts of Monterrey, Nuevo León.

We recommend that you periodically review these Terms and Conditions to be aware of any updates. If you have any questions or concerns, please do not hesitate to contact us through the communication channels provided on our website.

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25. Validity

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These Terms and Conditions will be valid indefinitely, and will come into force as of their publication on the Site.

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26. Changes to the terms of service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

By using our website and making a purchase, you confirm that you have read, understood and accepted these Terms and Conditions.

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27. Contact information

Questions about the Terms of Service should be sent to info@penkybites.com.

Last update of this terms and conditions document: 06/17/2023