Terms and Conditions
Last updated: 10 / 24 / 2020
Welcome to theAIgang.com. The services provided by theAIgang are developed and implemented by Ruth Falquina. theAIgang.com services and/or its affiliates (“theAIgang”) provide website features and other products and services to you when you visit or shop at theAIgang.com, use theAIgang products or services, use theAIgang applications for mobile, or use software provided by theAIgang in connection with any of the foregoing. Ruth Falquina provides the theAIgang services subject to the following conditions.
By using theAIgang Services, you agree to these conditions. Please read them carefully.
We offer a wide range of theAIgang Services, and sometimes additional terms may apply. When you use an theAIgang Service (for example, Your Profile, Gift Cards, theAIgang Video, Your Media Library, theAIgang devices, or theAIgang applications) you also will be subject to the guidelines, terms and agreements applicable to that theAIgang Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of theAIgang Services, to understand our practices.
When you use theAIgang Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other theAIgang Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any theAIgang Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Ruth Falquina or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any theAIgang Service is the exclusive property of Ruth Falquina and protected international copyright laws.
Click here to see a non-exhaustive list of theAIgang trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any theAIgang Service are trademarks or trade dress of theAIgang in the Europe, U.S. and other countries. theAIgang’s and Ruth Falquina trademarks and trade dress may not be used in connection with any product or service that is not theAIgang’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits theAIgang. All other trademarks not owned by Ruth Falquina that appear in any theAIgang Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by theAIgang.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, theAIgang or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the theAIgang Services. This license does not include any resale or commercial use of any theAIgang Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any theAIgang Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by theAIgang or its licensors, suppliers, publishers, rightsholders, or other content providers. No theAIgang Service, nor any part of any theAIgang Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of theAIgang or Estado Latente S.A. . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of theAIgang without express written consent. You may not use any meta tags or any other “hidden text” utilizing theAIgang’s name or trademarks without the express written consent of theAIgang. You may not misuse the theAIgang Services. You may use the theAIgang Services only as permitted by law. The licenses granted by theAIgang terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own theAIgang account to use certain theAIgang Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. theAIgang does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the theAIgang Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their theAIgang Household. theAIgang reserves the right to refuse service, terminate accounts, terminate your rights to use theAIgang Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. theAIgang reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant theAIgang a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant theAIgang and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify theAIgang for all claims resulting from content you supply. theAIgang has the right but not the obligation to monitor and edit or remove any activity or content. theAIgang takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
theAIgang respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Orders are delivered to the different shipping companies in 24-72 hours once they have been produced, and unless they are made on Saturdays, Sundays and holidays. In these cases, the orders will be delivered to the transport company on the first business day after the day of completion.
Delivery times are 3 to 5 business days. These terms will increase in 3 or 4 days if the destination is not Europe or the USA.
Due to COVID-19 delivery times may increase significantly, we kindly ask you to contact us to follow up the order.
The amount of the postage will be calculated once the shipping address is entered, at the same time the taxes corresponding to your fiscal area will be calculated.
The delivery of the orders will be made at the delivery address freely designated by the user. Thus, “theAIgang” does not assume any responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the company. shipping or postal service, assigned for this purpose, as is the absence of the recipient. No shipments are made to PO boxes.
Notwithstanding the foregoing, “theAIgang” must adopt the measures required of a diligent merchant so that delivery can be made in the agreed time, and if not, as soon as possible, to the satisfaction of the sender as well as the recipient, therefore no liability can be claimed against ”theAIgang”.
Price and validity period of the offer.
They do not include taxes that may be applicable and in any case they will be expressed in the corresponding currency. Said expenses, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services attached to the product purchased.
The prices applicable to each product will be those published on the website and applied automatically by the contracting process in the last phase of the same. The client assumes that in any case the economic valuation of some of the products may vary in real time. In any case, this will always be previously communicated to users.
For payments made to “theAIgang” an invoice can be requested. It will be sent by email after checking the registration data and requesting any new data that may be necessary.
For any information about the order, the user will have the customer service telephone number of “theAIgang” which is 00 34 688 967 674 or via email through the Contact section. In any case, the order number that was assigned and indicated in the purchase confirmation email must be indicated in the subject of the message or to our customer service department.
RIGHT OF WITHDRAWAL AND RETURNS
The user will have a period of 7 business days from the date of receipt of the product to return it. Unless the return is made due to defects in the product, the shipping costs will be borne by the user. In any case, the product must be returned in its original packaging and in perfect condition. Due to hygienic and health conditions, the return of any product will not be accepted once its plastic cover has been removed or opened.
Likewise, the right of withdrawal may not apply to personalized products or that for hygiene reasons or other legally contemplated exceptions are not susceptible to this right.
Once we receive the merchandise and verify that all the previous conditions are met, theaigang.com will accept the return of the product and will proceed to refund the amount according to the payment method made, and where appropriate, the shipment of the new product :
• If the user made the payment by credit card, the amount will be paid to the same credit card.
• If the user made the payment on delivery or by transfer, we will request an account number where to pay the amount.
You will receive the refund of the amount within a maximum period of 14 days from our receipt of the exchange or return product. Keep in mind that if you paid by credit card, it is likely that your bank will not show the amount of the refund in your balance until the following month.
Please note that postage due is not supported.
All products offered through the website are completely original, unless otherwise indicated in their description. Theaigang.com customers benefit from the guarantee given by the different manufacturers of each of the items.
RISK OF LOSS
All purchases of physical items from theAIgang are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
theAIgang does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, theAIgang does not take title to the refunded item.
theAIgang attempts to be as accurate as possible. However, theAIgang does not warrant that product descriptions or other content of any theAIgang Service is accurate, complete, reliable, current, or error-free. If a product offered by theAIgang itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on theAIgang and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on theAIgang.
With respect to items sold by theAIgang, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by theAIgang is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Ruth Falquina such as the theAIgang App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any theAIgang Service if you are the subject of inernational sanctions or of sanctions consistent with international law imposed by the governments of the country where you are using theAIgang Services. You must comply with all international or other export and re-export restrictions that may apply to goods, software (including theAIgang Software), technology, and services.
Parties other than theAIgang operate stores, provide services or software, or sell product lines through the theAIgang Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from theAIgang. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). theAIgang does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE THEAIGANG SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THEAIGANG SERVICES ARE PROVIDED BY THEAIGANG ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THEAIGANG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE THEAIGANG SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THEAIGANG SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THEAIGANG SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, THEAIGANG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEAIGANG DOES NOT WARRANT THAT THE THEAIGANG SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THEAIGANG SERVICES, THEAIGANG’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THEAIGANG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THEAIGANG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THEAIGANG SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY THEAIGANG SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any theAIgang Service, or to any products or services sold or distributed by theAIgang or through theAIgang.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of theAIgang Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition .
OUR CONTACT ADDRESS
Name: Ruth Falquina
Tradename.: The AI gang
Address: Capilla 40, 11139 Chiclana de la Frontera, Cadiz, Spain
Telf.: 00 34 688 967 674
ADDITIONAL THEAIGANG SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with theAIgang Services (the “theAIgang Software”).
- Use of the theAIgang Software.You may use theAIgang Software solely for purposes of enabling you to use the theAIgang Services as provided by Ruth Falquina, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the theAIgang Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the theAIgang Software in whole or in part. All software used in any theAIgang Service is the property of Ruth Falquina or its software suppliers and is protected by international copyright laws.
- No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the theAIgang Software, whether in whole or in part.
- We may offer automatic or manual updates to the theAIgang Software at any time and without notice to you.
- In the event of any conflict between these Conditions of Use and any other theAIgang or third-party terms applicable to any portion of theAIgang Software, such as open-source license terms, such other terms will control as to that portion of the theAIgang Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
TheAIgang accepts service of subpoenas or other legal process. Subpoenas or other legal process may be served by sending them to CSC at the theAIgang email.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for theAIgang devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.