Privacy and Terms

This document represents a legal document that serves as our Privacy Policy. It governs the privacy terms of our Website. Our Privacy Policy is part of our Legal Terms. Capitalized terms, unless otherwise defined below, have the meaning specified within the Definitions section our Terms of Use and Sale.
The last update to our Privacy Policy was posted on May 11, 2018.

Your Privacy

Sonrisas follows all legal requirements to protect your privacy.  Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information.

We break up the types of information you share into Non-Personal Information and Personally-Identifiable Information.

“Non-Personal Information” is information that is not Personally-Identifiable to you and that we automatically collect when you access our Website with a web browser.

“Personally-Identifiable Information” is non-public information that is Personally-Identifiable to you and obtained or provided by you for us to provide you with access to certain features of our Website.  Personally-Identifiable Information may include information such as your email address, physical location, and other related information that you provide to us or that we obtain about you. It may also include any information that you upload to our Website or that you physically send to us.

 

Information We Collect

Generally, you control the amount and type of information you provide to Sonrisas when using our Website.

You can simply browse our Website to find out more about our Website.  You are not required to provide us with any Personally-Identifiable Information to do so.

However, if register as a Member to use our Website, you must provide Personally-Identifiable Information to Sonrisas in order for us to provide you access to certain features our Website.   As a Member, we collect your Personally-Identifiable Information in the following ways:

 

At Member Registration

When you register for membership, we collect your email address so that we can communicate with you about our Website.  

 

Access to Member’s Only Portions of Our Website

Portions of our Website are only accessible to Members and may require you to disclose Personally-Identifiable Information to use them.  

 

Forms

There are many online forms and printable forms used in our Website.  The information you enter on these forms may contain Personally-Identifiable Information.  

 

Computer Information Collected

When you use our Website, Sonrisas automatically collects certain computer information by the interaction of your mobile phone or web browser with our Website.  Such information is typically considered Non-Personal Information. Sonrisas also collects the following:

 

Cookies

Our Website uses “Cookies.” A Cookie is a small piece of data stored on your computer or mobile device by your web browser.  We use Cookies to identify the areas of our Website that you have visited. We may also use Cookies to identify you as a Member so that you can access various parts or features of our Website.  Finally, we may use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access features on our Website correctly or at all. We never place Personally-Identifiable Information in Cookies.

 

Web Beacons

We may also use a technology called, web beacons, to collect general information about your use of our Website and your use of special promotions or newsletters. The information we collect by Web Beacons allows us to statistically monitor the number of people that open our emails.  Our Web Beacons are not used to track your activity outside of our Website. We do not link Non-Personal Information from Web Beacons to Personally-Identifiable Information without your permission.

 

Automatic Information

We automatically receive information from your web browser or mobile device.  This information includes the name of the Website from which you entered our Website, if any, as well as the name of the Website to which you’re headed when you leave our Website.  This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system.  We use all this information to analyze trends among our Users to help improve our Website.

 

How We Use Your Information

Sonrisas uses the information we receive from you as follows:

 

Providing and Improving Our Website

Sonrisas may use the Personally-Identifiable Information you provide to us along with any computer information we receive to provide our Website and to you as well as to make improvements to it.  

 

Communications and Email Alerts

When Sonrisas communicates with you about our Website, we will use the email address you provided when registering as a Member.  We may also send you Website alerts regarding your use of our Website. Finally, we may also send you emails with promotional information about Sonrisas, unless you have opted out of receiving such information.  You can change contact preferences at any time through your account. While you can opt-out of promotional messages, you cannot opt-out of receiving Website alerts.

 

Sharing Information with Affiliates, Providers, and Other Third Parties

Sonrisas does not sell, rent, or otherwise provide your Personally-Identifiable Information to third parties for marketing purposes.  However, we may use your Non-Personal Information for data aggregation purposes. Any such data aggregation would not contain any of your Personally-Identifiable Information.  We may provide your Personally-Identifiable Information to affiliates that provide services to Sonrisas with regards to our Website (i.e. webhosting companies.); such affiliates will only receive information necessary to provide the respective Websites and will be bound by confidentiality agreements limiting the use of such information.  

 

Legally Required Releases of Information

Sonrisas may be legally required to disclose your Personally-Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of Sonrisas, our customers, employees, and affiliates.

 

Disclosures to Successors

If Sonrisas is acquired or merges, in whole or in part, with another business that would become responsible for providing the Website to you, we retain the right to transfer your Personally-Identifiable Information to the new business.  The new business would retain the right to use your Personally-Identifiable Information according to the terms of this Privacy Policy as well as to any changes to this Privacy Policy as instituted by the new business.

 

European Union Data Collection Laws

Sonrisas has practices designed to assure information is appropriately protected but we cannot always know where personal information may be accessed or processed. While our primary data centers are in the United States, we may transfer Personally-Identifiable Information and Non- Personal Information to our offices outside of the United States. If we disclose any such information to a third party or to our employees outside of the United States, we will seek assurances that any information we may provide to them is safeguarded adequately and in accordance with this Privacy Policy and the requirements of applicable privacy laws.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personally-Identifiable Information and Non-Personal Information by Sonrisas from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including the United States. By providing your Personally-Identifiable Information, you consent to any transfer and processing in accordance with this Privacy Policy.

 

California Online Privacy Protection Act

Though we are obliged to do so, Sonrisas fully complies with the California Online Privacy Protection Act.  As such, Sonrisas allows Users to visit our Website anonymously (excluding Member’s Only sections of our Website).  Our Privacy Policy is easily found from our main landing page. As stated at the beginning of our Privacy Policy, you can easily see when it was last updated; and if you are a Member, we will use your registered email with us to let you know of any significant changes to our Privacy Policy.  Finally, if you are a Member, you can always update your Personally-Identifiable information by accessing your account, as already noted in our Privacy Policy.

 

“Do Not Track/Follow” Settings

In compliance with applicable laws, Sonrisas wants you to know that our Website does currently honor “do not track” or “do not follow” settings as your web browser may allow.  However, we may choose to do so in future. If we do change this policy in the future, it will be reflected here in an update to our Privacy Policy.

 

Google Analytics and Adsense

We do not currently use Google Analytics or Google Adsense on our Website but reserve the right to do so in the future.   If we do change this policy in the future, it will be reflected here in an update to our Privacy Policy.

 

Protecting the Privacy Rights of Third Parties

We believe in everyone’s right to privacy.  If any Postings you make to our Website or any emails you send us contain information about third parties, you need to make sure you have permission to include them in your Posting or email.  While we are not legally liable for the actions of our Users, we will remove any Postings for which we are notified that such Postings violate the privacy rights of others.

 

Links to Other Websites

Our Website may contain links to other websites.  You agree that Sonrisas has no control over such websites and that such websites are NOT subject to this Privacy Policy.  These websites may have their own privacy policies and other legal documents. It is your sole responsibility to verify the privacy policies and other legal documents of such websites to see how they treat your personal information. You acknowledge that your use and access of these websites is solely at your own risk.   

 

Our Email Policy

Sonrisas and our affiliates fully comply with international laws regarding SPAM, including CANSPAM and others.  You can always opt out of receipt of further email correspondence from Sonrisas and/or our affiliates. We agree that we will not sell, rent, or trade your email address to any unaffiliated third-party without your permission.   We also agree to:

  • Identify advertisement emails sent to you as such, either in the subject or clearly in the message body.
  • Never send you emails with fake or misleading subjects or return email addresses.
  • Allow our Users to unsubscribe by using the link at the bottom of each email and honor such requests as quickly as commercially reasonable.

 

Our Security Policy

Sonrisas has constructed our Website using industry standard encryption and authentication tools to protect your Personally-Identifiable Information.   When we collect your Personally-Identifiable Information through our Website, we encrypt this information and attempt to prevent unauthorized access to it by using industry standard technologies, such as encryption software, routers and firewalls.  Unfortunately, due to the nature of the Internet, we cannot completely guarantee that your Personally-Identifiable Information is completely protected. We strongly urge you to protect any password you may have for our Website and to not share it with anyone.  You should always log out of our Website when not in use, especially if you are sharing a computer or mobile device with someone else or are using a public computer.

 

Privacy Policy Updates

Sonrisas reserves the right to modify this Privacy Policy at any time.  You should review this Privacy Policy frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. We will also change the “Last Updated” date at the beginning of this Privacy Policy.  Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.

 

Changing Your Information

You may change your email address or other Personally-Identifiable Information at any time using the account management features found on our Website.  

 

Questions About Our Privacy Practices or This Privacy Policy

If you have any questions about our Privacy Practices or this Policy, please contact us by email at info@sonrisasspanish.com.

 

You can also mail us at:

PO Box 3806

Pagosa Springs, CO 81147

Attn: Privacy Officer

 

This document serves as the Terms of Use and Sale for our website www.sonrisasspanishschool.com as operated by Sonrisas Foreign Language LLC (“Website”, “Sonrisas”, “we”, “us”, “our”) and together with our Privacy Policy and other polices such as returns and shipping (collectively, “Legal Terms”) serves as an agreement between you and Sonrisas and constitutes the entire and only agreement between you and Sonrisas.  

Our Legal Terms govern both your legal rights with regards to your use of our Website and purchases from it.  You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

Our Legal Terms were last posted and updated on May 11, 2018.

Capitalized terms as found in our Legal Terms, unless otherwise defined, have the meaning specified within the Definitions section below.

 

Definitions

A “Child” is someone under the age of 18.

A “User” is a someone that browses our Website.  Users that join our Website are referred to a “Members.”

All text, information, graphics, audio, video, e-books, and data offered through our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”.  When we refer to our Website, our Content is included by reference.

 

Limited License

Sonrisas grants you a non-exclusive, non-transferable, revocable license to access and use our Website, its content, and to order products from our Website for your own personal, noncommercial use, strictly in accordance with our Legal Terms.

 

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (collectively, “Intellectual Property”) owned, controlled or licensed by Sonrisas.  Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Website, without the prior written permission of the Intellectual Property owner. Sonrisas aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Sonrisas, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Sonrisas. Sonrisas prohibits use of any logo of Sonrisas or any of its affiliates as part of a link to or from any Website unless establishment of such a link is approved in advance by Sonrisas in writing. Fair use of Sonrisas’ Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

 

Links to Third-Party Websites

Our Website may contain links to websites owned or operated by parties other than Sonrisas. Such links are provided for your reference only. Sonrisas does not monitor or control outside websites and is not responsible for their content. Sonrisas’ inclusion of links to an outside website does not imply any endorsement of the material on the Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Sonrisas’ inclusion of the links imply that Sonrisas is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.

 

Content Disclaimer

Postings on our Website are made at such times as Sonrisas determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Sonrisas does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS ON OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH LEGAL TERMS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

 

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SONRISAS AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON OUR WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SONRISAS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SONRISAS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER SONRISAS OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE MATERIALS ON OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  IN NO EVENT SHALL SONRISAS’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO SONRISAS FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, SONRISAS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO OUR RETURN POLICY, SONRISAS DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

SONRISAS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

You agree to defend, indemnify and hold Sonrisas harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website.

 

Third-Party Articles

From time to time the Website may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and the publishing of third-party articles shall not in any event be deemed an endorsement by Sonrisas of the material contained therein. The opinions contained in any such article are not necessarily the opinion of Sonrisas.

 

Correction of Errors and Inaccuracies

The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

 

Backorders

While we try to keep all products stocked to fulfill orders, there may be times when a backorder occurs due to low/no stock.  If we cannot fill your entire order, we will contact you by email to let you know that a product would be backordered.

If you wish, you can simply ship the items that are not backordered and cancel the items that cannot ship.  Alternatively, you can opt to have the backordered items ship when they become available.

 

Returns, Exchanges, and Refund Policy

Please refer to our Shipping Policy {link} for information regarding returns, exchanges, or refunds for products you may purchase to you.  Our Returns, Exchanges, and Refund Policy is incorporated into our Legal Terms by reference.

 

Shipping Policy

Please refer to our Shipping Policy {link} for information regarding the shipment of products you may purchase.  Our Shipping Policy is incorporated into our Legal Terms by reference.

 

Payments

When you make a payment for products through our Website, you represent and warrant that:

  • You agree to pay the amount as posted on our Website, including any applicable taxes;
  • You agree to provide true and complete credit information;
  • You agree that your payment will be honored by your bank or credit card company; AND
  • You agree that if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
  • You agree that Sonrisas has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue regarding any payment made through our Website.  However, if you start a charge-back process with your bank or credit card company, Sonrisas reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems.  Should we do this, you will never again be able to use our Website and you will be liable for any administrative costs we incur in processing the charge-back.

 

Sales Tax

We are required to collect sales tax in various states by law.  If you place an order, it may be subject to sales tax. Sales tax will be calculated based on the total purchase price of all items, less any discounts, but not including shipping costs.  We do not honor tax-exempt certificates as we have no way to process them. As such, you may have to pay sales tax on a purchase for which you would otherwise be exempt.

 

Contacting Us/Feedback, Postings and Communications

If you have any questions about our Legal Terms or the Website, please contact us.

Although Sonrisas will in most circumstances be able to receive your e-mail or other information provided through our Website (including, without limitation, service requests and other submissions), Sonrisas does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet email typically is not secure.

All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Sonrisas on or by our Website or otherwise disclosed, submitted or offered in connection with your use of our Website, including, without limitation, postings in any chat room (collectively, “Communication”) shall be and remain the property of Sonrisas. Such disclosure, submission or offer of any Communication shall constitute an assignment to Sonrisas of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication.  Accordingly, Sonrisas will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. Sonrisas is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to our Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to our Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through our Website. You agree that Sonrisas may use and/or disclose information about your demographics and use of our Website in any manner that does not reveal your identity. You agree that Sonrisas may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Website, about any of Sonrisas’ products or services, or for such other purpose(s) as Sonrisas deems appropriate.

Sonrisas reserves the right to remove any postings to the Website’s bulletin board that Sonrisas deems offensive, harassing, illegal or otherwise inappropriate. Posting of any message on the bulletin board does not imply any endorsement of the material in such posting. While Sonrisas will periodically review the posted materials and attempt to remove offensive postings, Sonrisas does not represent that such items will not be posted and shall have no liability with respect to any such postings. In addition, Sonrisas does not represent that postings will remain on the bulletin board for any period of time. The same may be removed by Sonrisas from time to time in Sonrisas’ sole discretion. Sonrisas may, but is not obligated to, monitor any chat room activity and refuse access to any user Sonrisas determines, in its sole discretion, is not complying with the terms of use.

 

General Information

You agree that the laws of the State of Colorado, USA, govern our Legal Terms and your use of our Website. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Pagosa Springs, Colorado, USA, in all disputes (a) arising out of, relating to or concerning our Website and/or our Legal Terms, (b) in which our Website and/or our Legal Terms is an issue or a material fact, or (c) in which our Website and/or our Legal Terms is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of our Website is unauthorized in any jurisdiction that does not give full effect to all provisions of our Legal Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Sonrisas has endeavored to comply with all legal requirements known to it in creating and maintaining our Website but makes no representation that materials on our Website are appropriate or available for use in any particular jurisdiction. Use of our Website is unauthorized in any jurisdiction where all or any portion of our Website may violate any legal requirements and you agree not to access our Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of our Legal Terms is at your own risk and, if any part of our Legal Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Legal Terms shall govern such use.

Any claim, dispute or controversy arising out of, relating to or concerning our Website and/or our Legal Terms shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in New York, New York, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through our Website.

You agree that Sonrisas may at any time and without notice change the terms, conditions and notices under which our Website is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Sonrisas as a result of our Legal Terms or your use of our Website.

Sonrisas’ performance of our Legal Terms is subject to existing laws and legal process, and nothing contained in our Legal Terms is in derogation of Sonrisas’ right to comply with law enforcement requests or requirements relating to your use of our Website or information provided to or gathered by Sonrisas with respect to such use.

Our Legal Terms constitute the entire agreement between you and Sonrisas with respect to our Website and any products you order from it. Our Legal Terms supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sonrisas with respect to our Website. No modification of our Legal Terms shall be effective unless it is authored by Sonrisas or its affiliates, or unless it is physically signed by a Sonrisas officer. Any alleged waiver of any breach of our Legal Terms shall not be deemed to be a waiver of any future breach. A printed version of our Legal Terms and/or of any notice given by Sonrisas in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to our Legal Terms or your use of our Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Sonrisas in printed form.

This document serves as our Shipping Policy and is considered part of our Legal Terms.  Any capitalized terms not defined herein have the same meaning as in our Legal Terms.

 

CARRIERS

We use both UPS and the US Postal Service to deliver our products.  The carrier that we choose is soley at our discretion and you may not request a specific carrier.

 

SHIPPING & DELIVERY ESTIMATES

We do our best to accurately estimate when your items will be delivered. Estimated delivery dates are generally a range of dates based on several factors, including:

  • Your destination address
  • How quickly we can obtain and assemble items for shipment
  • Personalizations you have requested
  • Shipping speed you select at checkout
  • Whether you have pre-ordered items

 

WHAT “STANDARD SHIPPING” MEANS

Standard Shipping is the default setting during checkout and means that your package will be in transit for 3-5 business days after it is shipped from one of our facilities. The main factor that affects this transit range is your proximity from the shipping facility. Ground deliveries are made Tuesday through Saturday, excluding Sunday and holidays.

 

WHAT “NEXT-DAY” AND “2-DAY SHIPPING” MEAN

Selecting either Next-Day or 2-Day shipping is a speedy way to get your order to you; however, it doesn’t mean you will receive your order in one or two days. We estimate delivery dates at checkout, taking both item availability and shipping time into consideration.

To estimate the total delivery time for your purchase, please allow up to two (2) business days from your order date, in addition to the time indicated by your preferred shipping method.  All orders are processed Monday – Friday, excluding Saturday, Sunday, and holidays. Next-Day and 2-Day deliveries are made Monday-Friday excluding Saturday, Sunday, and holidays.

 

HOW DO YOU CALCULATE THE ESTIMATED DELIVERY DATE RANGE?

On the day you place your order, we consider two factors in calculating the estimated delivery date range:

  • Product Availability: The length of time it takes to prepare your item for shipping. This date range is listed on the right side of the main image on the item’s detail page. If an item is listed as “In Stock”, it will be ready for shipment within 1-2 days.  
  • Shipping Speed: The shipping method you selected in checkout. Most items have three choices for shipping speed — Standard Shipping (3-5 business days), 2-Day Shipping, and Next-Day Shipping (fastest).

 

SHIPPING RESTRICTIONS

Most products can be shipped to all 50 states, as well as APO and FPO addresses and Puerto Rico. However, there are a few restrictions:

  • We cannot ship internationally, nor do we ship to U.S. Protectorates (except as noted above), Guam or the Virgin Islands. 
  • APO/FPO orders are shipped via standard delivery only.
  • Certain heavy or oversized products can be shipped only to the continental 48 states. They cannot be shipped to APO/FPO addresses. This will be indicated on the product description page.
  • Food, candy and chocolate cannot be shipped to APO/FPO addresses.  We do ship these items to all 50 states. For delivery to warm climates, all orders are shipped Mondays through Thursdays with a gel pack, to ensure their arrival in premium condition.
  • Certain items can only be shipped to the continental 48 states via standard delivery and cannot be shipped to APO/FPO addresses. This will be indicated on the product description page.
  • For certain items or for orders over $400, a signature will be required upon delivery.

 

CHANGING A DELIVERY ADDRESS

Depending upon where your order is in processsing, you may be able to change the delivery address, subject to payment of additional fees.

 

UNDELIVERABLE PACKAGES

Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, we’ll send an email notifying you of the return.

We are unable to re-ship orders that are returned to us as undeliverable.  If you would still like to purchase items that were undeliverable, you are welcome to place another order with a new shipping address.

If you suspect your order was deemed undeliverable, you should receive confirmation of its return or a refund within four weeks of the estimated delivery date. If more than 2 weeks have passed, please contact us.

 

WHY WAS MY PACKAGE UNDELIVERABLE?

Our carriers may deem a package undeliverable for any of the following reasons:

  • Incorrect or Out-of-date Address
  • P.O. Box Format: When entering a post office box as a shipping address, please be sure to enter it as “PO BOX” followed by the number. Otherwise, it may mistakenly be sent through a carrier that won’t deliver to those addresses.
  • Other Address Problems: Some organizations have strict delivery restrictions for their residents. These rules are determined independently and may vary.
  • Illegible Label: In rare cases, it is also possible that the address became illegible during the shipping and handling process.
  • Failed Delivery Attempts: Most of our carriers make 1 to 3 attempts to deliver a package. Packages that contain more than $400 of merchandise may require a signature. After the attempts at delivery, either a note will be left on your door or the package will be returned to us (and your account will be credited).
  • Refused by Recipient: If a gift recipient is not expecting a gift, they may refuse the package if they believe it was sent to them in error. If you still want to send these items, you may want to re-order and let the recipient know that a surprise is on the way.

This document serves as the Returns. Exchanges, and Refund Policy and is considered part of our Legal Terms.  Any capitalized terms not defined herein have the same meaning as in our Legal Terms.

 

ORDER CHANGES OR CANCELLATIONS

We do our best to pack and ship your order as quickly as possible. Since our systems are designed to begin this process immediately, you cannot change or cancel an online order once it is placed.

 

LIMITED REFUNDS

Refunds are processed within approximately five (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on our Website.  

If you paid by credit card, refund times will depend on your credit or debit card company’s policies.  You understand that the refund date for your credit will coincide with the date of the original payment so you are not charged any interest on that purchase.

If you paid by PayPal, refunds will be credited to your PayPal account.  Your credit should be visible immediately.

 

EXCEPTIONS ON REFUNDS/ EXCHANGES

Customer satisfaction is incredibly important to us and our goal is to ensure each customer shops with confidence. We offer a 15-day refund/exchange on most orders with the exceptions noted below.  Please note that after 15 days from ship date, all sales are final.

  • We cannot refund or exchange any “final sale”, “pre-ordered”, “special-ordered”, “non-refundable”, or “non-returnable” items unless they are damaged when received and noted as such on your refund/return/exchange slip.  For damaged items, we will send a replacement at no charge when the returned item has been received.
  • We cannot refund or exchange any storybook sets and electronically downloaded items.  All sales on these items are final.
  • We cannot refund or exchange items if they were opened or show signs of being opened.
  • We cannot refund or exchange items if they show signs of damage and you fail to report such damage as the reason for the refund/exchange.  
  • You must use include the original sales receipt.
  • You must use the original return label from your packing slip.
  • You must return all items in their original packaging.

 

RETURNS/EXCHANGES

Please confirm that your return exchange doesn’t fall within a noted exception above.  If it doesn’t, please follow the steps below:

  • Contact us by phone to get a return authorization number.
  • Enclose the items with the return authorization number in a sturdy cardboard box to protect the merchandise from damage during return shipment.
  • Ship the items back to us through a reputable shipper, such as UPS or Fedex or by first class mail.
  • Because we cannot assume responsibility for packages lost or damaged in transit, we recommend you insure your shipment for the purchase price of the merchandise before sending it back to us.  Please note:  Exchange shipping and insurance costs, as well your original shipping and handling charges, are non-refundable.

You will receive an email notifying you when we have received your request for a refund/exchange.  If we cannot accept your refund/exchange request due to an exception as noted in this policy, you will receive an email to this effect.  You understand that items sent to us that do not conform to our policy will be returned to you and that you will be charged for the return shipping.