Coconut Villa Gift Shop
157 Chamorro Village; Agana, Guam USA 96910
Business License R-405895, US EIN 66-0575449
 Guam, Micronesia and Pacific Islands Shopping
From the Islands, Just for You!

Terms of Use, Privacy Policy, Payments, returns/refunds,
and other useful information.
(otherwise known as "the fine print")

We apologize in advance for the length and wording of the below, my brother-in-law is a lawyer!

Terms of Use

The following Terms of Use contain the complete terms and conditions that apply to an individual's or entity's use of Coconut Villa Gift Shop site. As used in this Agreement, "We," "Us" or "Our" refers to Coconut Villa Gift Shop, and "You" or "Your" refers to the user. "Site" means any Coconut Villa Gift Shop site posted on the World Wide Web.

1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions and Your waiver of any and all claims against Coconut Villa Gift Shop, its parents, subsidiaries, affiliates, contractors, agents, officers, directors or employees arising out of Your use of Our Site or any materials, information, opinions or recommendations contained on Our Site.

2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at any time and in Our sole discretion, by posting a change notice or a new user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE   FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.

3. COPYRIGHT

3.1 Use.
All content included on Our Site, such as text, graphics, logos, button icons, images, audio clips and software, is Our property or that of Our content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all of the content on Our Site is Our property protected by U.S. and   international copyright laws. All software used on Our Site is Our property or that of Our software suppliers and is protected by U.S. and international copyright laws. You may electronically copy and print in hard copy portions of Our Site for the limited purpose of placing an order with Us or using it as a shopping resource. Any other use-including reproduction for purposes other than those noted above, modification, distribution, transmission, republication, display or performance-of the content on a Site without Our prior written permission is strictly prohibited.

3.2 Penalty.
Unauthorized copying of the software, or failure to comply with the above restrictions, may result in severe civil and criminal penalties. Unauthorized duplication of the software constitutes copyright infringement and, in the United States, is punishable in a federal criminal action by a fine of up to U.S.$250,000 and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced plus the profits of the infringer, or statutory damages of up to U.S.$100,000 for willful copyright infringement.

4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.

5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions or original or creative ideas (collectively, "Materials") submitted through Our Site. If despite this policy you submit any such Materials, We will deem it Our property. We will not treat the Materials as confidential, and We will not be liable for any use or disclosure of such Materials. Without limitation, We will own the exclusive rights to the Materials and will be entitled to unrestricted use of the Materials for any purpose, commercial or otherwise, without compensation to the submitter of such Materials.

6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR SITE.

7. INDEMNIFICATION
You will defend and hold harmless Coconut Villa Gift Shop, its parents, subsidiaries, affiliates, contractors, agent, officers, directors and employees against all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees and costs) made due to or arising out of a violation of these Terms of Use or Your use of this Site, including, without limitation, any claim arising out of unauthorized links to Our Site.

8 MISCELLANEOUS

8.1 Nonwaiver. If We fail to insist upon or enforce strict performance of any provision or right under the terms and conditions of these Terms of Use, it will not be construed as a waiver of any provision or right; rather, the same will be and remain in full force and effect.

8.2 Choice of Law. These Terms of Use will be interpreted, construed and enforced in all respects in accordance with the laws of the US Territory of Guam to the exclusion of any other law, which may be imputed in accordance with choice of law rules applicable in any jurisdiction. The 1980 U.N. Convention on Contracts for the International Sale of Goods or any successor thereto does not apply to these Terms of Use. For any suit or claim pertaining to these Terms of Use or any information furnished hereunder, You irrevocably consent to the jurisdiction and venue of any territorial or federal court sitting in Agana, Guam, USA, and You will not commence an action or proceeding relating to the subject matter of these Terms of Use in any other jurisdiction.

8.3 English Language Governs. It is the express wish of the parties that these Terms of Use be drawn up in English. C'est la volonté explicite des parties que ces termes d'usage soient rédiger en anglais.

8.4 Independent Contractor. These Terms of Use will not be interpreted or construed to create or evidence a partnership, joint venture or franchise relationship among the parties or as imposing any partnership or franchiser obligation or liability on either party.

8.5 Compliance With Laws. You will comply at Your own expense with all statutes, regulations, rules, ordinances and orders of any governmental body, department or agency that apply to or result from Your use of Our Site.

8.6. Severability. If any provision of these Terms of Use will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from and will not affect the validity and enforceability of any remaining provisions.

PRIVACY POLICY: In order to process credit card transactions, we are required collect, verify and retain certain personal information from you. This includes such information as your delivery address, billing address, email and phone contact data. This information is collected, to meet the requirements of our credit card agency, and in the event there are any future questions regarding the transaction(s). WE DO NOT SELL, SHARE, OR OTHERWISE PASS ONTO ANY THIRD PARTY ANY OF THE INFORMATION.

NEWSLETTER PRIVACY POLICY: Our newsletter, "Guam Coconut Telegraph Newsletter" is sent by email free of charge to customers, friends, and those who have shown an interest in our products.  We DO NOT sell, share or otherwise pass onto any third party your name, email address, or other information. If you prefer NOT to receive future issues, just send us email asking to be removed from the listing.

ALL OF THE ITEMS WE SHIP LEAVE OUR STORE IN GOOD CONDITION.  IF YOUR SHIPMENT IS NOT RECEIVED IN GOOD CONDITION, PLEASE DEMAND A WRITTEN EXCEPTION/DAMAGE RECEIPT FROM YOUR DELIVERY PERSON, AND FILE A CLAIM AT ONCE WITH THE CARRIER.

IF AFTER OPENING THE SHIPMENT YOU FIND HIDDEN DAMAGE, YOU MUST CONTACT YOUR CARRIER AT ONCE AND FOLLOW THE CARRIER'S CLAIM PROCEDURES.

A PACKING CHARGE will be added to your invoice. This charge is for the cost of packing your shipment to help insure that the items arrive safely. Packing materials may be paper, peanuts, bubble wrap or foam depending on the items purchased, and the size of the items.  Please see ORDER FORM (Packing & Handling Fees) for details.

CREDIT CARD PAYMENTS: We will obtain an authorization, and we will ship your purchase and CHARGE your Credit Card upon receiving that authorization. Items that are IN STOCK will be charged to your card that day. Items that are NOT IN STOCK will NOT be charged to your card.

CREDIT CARD PURCHASES WILL NOT BE SHIPPED if the physical address of the card holder  (as provided to us by the credit card company) is not the same as the physical address of the destination of the shipment.

Credit cards, Money Orders, and Electronic Payments are accepted. SORRY, due to the high cost of return checks ($20.00 per returned check) and the increasing number of return checks, we do not accept personal or business checks.

DAMAGE in shipment; NO REFUNDS will be considered for items damaged in shipment. You must contact the carrier that delivered your shipment as detailed above.

NO WARRANTY is offered, expressed or implied for any of our products. This is including, but not limited to; the durability of the products, the suitability of a product for a particular use or application, and the correctness and/or completeness of the descriptions/contents/composition of the item(s) as  found in our pages or adds.

Ingredients: We carefully list the ingredients (where available) found on the labels of the products. As we do NOT manufacture the products, and as the makers do NOT usually advise us of any changes, we are NOT responsible for the completeness, or correctness of these descriptions.

RETURNS: Returns/refunds will be applied ONLY via the same payment type as the original purchase/payment. That is, if you paid by Credit Card, we will apply your refund to your credit Card. All refunds are subject to confirmation by our bank that your payment was successfully POSTED to our account, and that there are no outstanding issues regarding your payment.

Money Back Guarantee

After you receive your order if you find that the items are not what you wanted, not the exact size, ect;

PLEASE EMAIL us at once.

We will provide a RETURN MERCHANDISE AUTHORIZATION NUMBER.

At that time we will provide you with detailed return instructions. When we receive your returned items, we will credit your card for the cost of the items.

Postage, tracking, insurance, packing and handling fees are NOT REFUNDABLE.

Returned items must be in the same condition as when they were shipped out to you, because we'll return them to our stock. Since we hope to sell that same item to someone else, either in our gift shop, or on the internet, we have to set some limits on the returns of specific items.

We will not consider returns for;

    * STICKERS: NO Returns, NO Refunds, NO Exchanges. Our stickers are high quality locally made from the best quality materials. IF you have successfully installed stickers before, you should have no trouble installing our stickers. If you have NOT installed stickers before, ASK someone locally who has installed stickers for assistance. Because we have no control over how, or where you install the stickers, we are NOT responsible for the end result.

     * SPECIAL ORDER ITEMS; NO Returns, NO Refunds, NO Exchanges.

     * MORE THAN 10 DAYS after you received the shipment.

     * SHRINK WRAPPED ITEMS that have been removed from the package.

     * SEALED ITEMS that have been opened.

     * CANDLES or TORCHES that have been lit/burned.

     * CLOTHING that has been worn, washed, or has been stained.

     * CDs or TAPES that have been removed from the shrink wrap.

     * LIQUID ITEMS that have been opened OR the seal has been broken.

     * ANY item that is not it's original package, OR  shows any use.

Arriving shipments WITHOUT A RETURN MERCHANDISE AUTHORIZATION NUMBER on the address label will NOT be accepted from the carrier.

We hope that the above seems reasonable and fair, and we THANK YOU for your trust and your business!


Your use of our site indicates your agreement to the Terms of Use.


Click HERE for Coconut Villa Gift Shop home page

To print an order form, click HERE

Please click HERE for order information