Privacy Policy

TERMS AND CONDITIONS OF USE
Effective April 1, 2024

Agua Nueva Nuts is committed to keeping your e-mail address confidential. We do not sell, rent or lease to third parties the emails of customers, meeting attendees, or anyone else with whom we conduct business.

Welcome to the website of Agua Nueva Fancy Nuts LLC / Agua Nueva Nuts SL (referred to as Agua Nueva Nuts). This site is provided as a service of Agua Nueva Nuts.

General Terms for Agua Nueva Nuts (United States)

 

1. 1. Agreement. By using the Agua Nueva Nuts website (the “Site”), you agree to these Terms and Conditions of Use (“Terms of Use”). Agua Nueva Nuts reserves the right to change these Terms of Use from time to time. The current “Terms and Conditions of Use Agreement” will always be posted on the Site, and you may view it at any time through the link at the bottom of any public page of the Site.

1. 1. Description of Service. The Agua Nueva Nuts website,
      www.aguanuevanuts.com, consists of several sections, some of which have restricted
      access.

1. 1. Intellectual Property. The entire contents and design of the Site, including all
      trademarks, logos, trade names, documents, databases, graphic representations, and
      other information, are the property of Agua Nueva Nuts, or used with permission,
      and are protected under U.S. and international copyright and trademark laws, whether
      or not a notice of copyright, trademark, or other proprietary rights appears on the screen
      displaying the information. Except as otherwise provided herein, users of the Site may
      save and use information contained on the Site only for personal or other non-
      commercial, educational purposes. No other use, including, without limitation,
      reproduction, retransmission, or editing of Site information, may be made without the

prior written permission of Agua Nueva Nuts, which may be requested by contacting
Agua Nueva Nuts at info@aguanuevanuts.com.

 

4. 4. Limitation of Liability. In no event shall Agua Nueva Nuts or its officers,
      directors, members, staff, or agents, be liable for any damages of any kind, including,
      without limitation, any special, incidental, indirect, or consequential damages, whether
      or not advised of the possibility of such damages, and on any theory of liability
      whatsoever, arising out of, or in connection with, the use or performance of the Site or
      any content appearing on the Site.

4. 4. Disclaimer. Agua Nueva Nuts makes no warranty, guaranty, or representation
      regarding the accuracy, content, completeness, reliability, operability, or legality of
      information contained within the Site, including, without limitation, the warranties of
      merchantability, fitness for a particular use, and non-infringement of proprietary rights.
      The information, opinions, and recommendations presented within the Site are for
      general information only. Such information should not be considered medical advice and
      is not intended to replace consultation with a qualified physician. Unless specifically
      stated otherwise, Agua Nueva Nuts does not endorse, approve, recommend, or
      certify any information, product, process, service, or organization presented or
      mentioned on the Site, and information from the Site should not be referenced in any
      way to imply such approval or endorsement. Moreover, Agua Nueva Nuts makes no
      warranty that the Site, or the server that makes it available, is free from viruses, worms,
      or other elements or codes that manifest contaminating or destructive properties.
      Agua Nueva Nuts expressly disclaims any and all liability or responsibility for any
      direct, indirect, incidental, consequential, special or other damages arising out of any
      individual’s use of, reference to, reliance on, or inability to use the Site or the
      information presented on the Site. In any jurisdiction that does not permit such a
      disclaimer of liability, Agua Nueva Nuts’ liability shall be limited to the greatest extent
      allowed by applicable law.

4. 4. Links. Links or pointers connecting the Site with other Internet sites are provided
      as a courtesy only and do not imply, directly or indirectly, the endorsement, sponsorship,
      or approval by Agua Nueva Nuts of the linked site, the organization or individual
      operating the site, or any product, service, individual, or organization referenced in the
      site. In general, any website that has an address (or URL) that does not contain
      “www.aguanuevanuts.com” is a linked website. The content of any linked site does not
      necessarily reflect the opinions, standards, or policies of Agua Nueva Nuts. Linked

sites are not under the control of Agua Nueva Nuts, and Agua Nueva Nuts is not
responsible for the content of any linked site, any links contained within a linked site,
any changes or updates to such sites, or the compliance with applicable laws of such
linked sites.

 

7. 7. DMCA Notice and Takedown Procedures. Agua Nueva Nuts abides by the
      federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged
      infringement that comply with the DMCA and other applicable laws. As part of its
      response, Agua Nueva Nuts may remove or disable access to material on the Site
      that is claimed to be infringing, in which case Agua Nueva Nuts will make a good-
      faith attempt to contact the person who submitted the affected material so that person
      may make a counter notification, also in accordance with the DMCA. By posting
      material to the Site, the posting party represents and warrants that he or she owns the
      copyright with respect to such material or has received permission from the copyright
      owner. In addition, the posting party grants Agua Nueva Nuts and users of the Site
      the non-exclusive, unrestricted, royalty-free right and license to display, copy, publish,
      distribute, transmit, print, and use such information or other material. Anyone who
      believes that material posted on the Site infringes on his or her copyrighted work should
      send an email to info@aguanuevanuts.com and request removal.

7. 7. Choice of Law and Forum. This Agreement is entered into and performed in the
      State of Texas, United States of America, and is governed by the laws of Texas,
      exclusive of its choice of law or conflict of laws provisions. In any claim or action directly
      or indirectly arising under this Agreement or related to www.aguanuevanuts.com, each
      party irrevocably submits to the exclusive personal jurisdiction of the state courts
      located in El Paso County, Texas, or United States District Court, whichever has
      jurisdiction, and each party waives any jurisdictional venue or inconvenient forum
      objections to such court.

7. 7. Complete Agreement. If any provision or provisions of this Agreement are held by
      a court or other tribunal of competent jurisdiction not to be enforceable, then such
      provisions shall be limited or eliminated to the minimum extent necessary so that this
      Agreement shall otherwise remain in full force and effect. These Terms of Use
      supersede any other statements included elsewhere on the Site, which are inconsistent
      or conflicting with these Terms of Use.

7. 7. Amendments. Agua Nueva Nuts reserves the right to modify or change the
      terms and rules for use of the Site as it determines from time to time in the best
      interests of Agua Nueva Nuts. Use of the Site constitutes the user’s continuing
      agreement to be bound by these Terms of Use as they are amended from time to time.

Compliance with European Union Regulations

To ensure compliance with European Union laws and regulations, Agua Nueva Nuts
adheres to the following principles in relation to the processing of personal data,
consumer rights, and electronic transactions.

 

1. 1. General Data Protection Regulation (GDPR) Compliance
      In accordance with the General Data Protection Regulation (GDPR) (Regulation
      (EU) 2016/679), Agua Nueva Nuts provides the following information to users from
      the European Union regarding the collection and processing of personal data:

 

• • Data Collection: We collect personal data such as your name, email address, and
    shipping information when you make a purchase, subscribe to our newsletter, or contact
    us through the website. This information is used solely for fulfilling orders, providing
    customer support, and communicating company updates.

• • Lawful Basis for Data Processing: The lawful basis for processing your data may
    include the performance of a contract, your consent (which can be withdrawn at any
    time), and Agua Nueva Nuts’ legitimate interest in improving its services.

• • Your Rights: Under the GDPR, you have the right to access, rectify, erase, and
    restrict the processing of your personal data. You also have the right to data portability
    and to withdraw your consent at any time. To exercise any of these rights, please
    contact us at info@aguanuevanuts.com.

• • International Data Transfers: Personal data collected from EU users may be
    transferred outside of the EU to the United States, where Agua Nueva Nuts
    operates. In these instances, Agua Nueva Nuts ensures that appropriate

safeguards, such as Standard Contractual Clauses (SCC), are in place to protect your
data.

 

• • Data Retention: Personal data will be retained only for as long as necessary to
    fulfill the purposes for which it was collected, or as required by law.

 

1. 1. Consumer Rights Under EU Law
      In compliance with the Directive 2011/83/EU on Consumer Rights, we provide the
      following protections for EU consumers:

 

• • Right of Withdrawal: EU consumers have the right to withdraw from a contract
    within 14 days without providing any reason. This period begins from the day the goods
    are received. To exercise the right of withdrawal, please contact us at
    info@aguanuevanuts.com.

• • Returns and Refunds: Products can be returned within 14 days from the date of
    receipt. Refunds will be processed within 14 days from the receipt of the returned
    goods. You are responsible for the return shipping costs unless the product is defective.

• • Transparent Pricing: All pricing, including applicable taxes and delivery charges,
    will be clearly indicated during the checkout process.

 

1. 1. E-Commerce and Digital Services Compliance
      To comply with the Directive on Electronic Commerce (2000/31/EC), the following
      terms apply to users engaging in e-commerce transactions on our website:

 

• • Contract Confirmation: When a purchase is made, you will receive an email
    confirmation detailing your order, including product details, pricing, and estimated
    delivery times. This email serves as your proof of contract.

• • Accessibility of Terms: Our Terms and Conditions, as well as our Privacy Policy, are
    accessible to all users at any time on our website, www.aguanuevanuts.com.

 

1. 1. Cookies and Tracking Technologies
      In compliance with the Directive 2002/58/EC (ePrivacy Directive) and the General Data Protection Regulation (GDPR), Agua Nueva Nuts uses cookies and similar
      tracking technologies. We ensure that users are informed about the use of cookies and
      have the opportunity to consent to or refuse non-essential cookies.

Cookie Management: Users can manage their cookie preferences and withdraw
consent at any time by accessing the cookie settings within the website.

Cookie Consent: Upon visiting our website, users will be presented with a cookie
banner that explains the use of cookies. You can choose to accept all cookies, reject
non-essential cookies, or customize your cookie preferences.