TERMS AND CONDITIONS

TERMS AND CONDITIONS for COCOMERA AB

www.cocomera.se

• GENERAL
  

• Introduction
  The following Terms and Conditions (referred to as "the Agreement" below) are designed for e-commerce to consumers. This website, www.cocomera.se, is operated by COCOMERA AB (company registration number: 559278-0372) and constitutes the Selling Party. Throughout the site, the terms “we”, “us”, and “our” refer COCOMERA AB. You (referred to as "the Customer" below) are the Purchasing Party.
  The terms of the following Agreement are intended for individuals over the age of 18 and for the sale of goods (referred to as "Products" below). The Customer needs to accept the Terms and Conditions when placing an order.COCOMERA AB offers this website, including all information, tools, services, and products available from this site, to You conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
  Any terms or parts of this Agreement that deviate from the law have no effect unless the deviation works to the benefit of the Customer. This provision only applies if the Customer is a private individual and the purchase is for personal consumption only.

• Changes to Terms and Conditions
  For further clarification, the date of publication of the Agreement is indicated in the title. If the Agreement has been modified, an end date will be specified.
  You can review the most current version of the Terms and Conditions at any time through the link in the footer. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
  If you wish to access older versions of the Agreement, please contact us at info@coco-mera.com.
  It is your responsibility to check our Terms for changes before using our website and making an order. Your continued use of our website following the posting of any changes to these Terms constitutes acceptance of those changes.
  

• PLACING AN ORDER
  

• General
  By placing an order on the website, you confirm that you have read and accepted the Terms and Conditions and have read and understood our Privacy Policy. Both can be found through links in the footer of our website.
  To place an order, you need to be at least the age of majority in your state or province of residence, or you must be the age of majority in your state or province of residence and have given your consent to allow any of your minor dependents to use this site.

• Order process
  Before you place an order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order, and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have completed the order at checkout and received the “Shipping Confirmation” email.
  If prolonged inactivity causes your connection to the website to fail, your selection of products may be lost. In such a case, you will be required to re-enter your selection of products into the shopping bag.
  We receive your order when you click the “CHECKOUT” button in the checkout. When we have received your order, you will receive an email with your “Order Confirmation” including your order number, details of the products you have ordered from us, and your payment and delivery details. Please note that the confirmation email is an acknowledgment that we have received your order and is not an acceptance of the order.
  All orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a “Shipping Confirmation” email will be sent with all relevant information about your order. The “Shipping Confirmation” is our acceptance of your order.

• PRICES, VAT AND CUSTOMS
  

• General
  We accept orders from the whole world and in several currencies. Please check below for information regarding your country/ region. We use dynamic pricing; the exchange rates are determined by time of purchase, time of refund and are based on the price list as per Swedish krona, SEK.

• Prices, VAT and customs per region
  Sweden: All prices on the website are stated in SEK, excluding shipping rates but including Swedish VAT of 25%.
  Denmark: All prices on the website are stated in DKK, excluding shipping rates but including Swedish VAT of 25%.
  European Union: All prices on the website are stated in EUR, excluding shipping rates but including Swedish VAT of 25%. All orders are shipped on a DDP (Delivery Duty Paid) basis, meaning that all orders include any taxes and customs.
  For shipping charges, please go to Delivery and Retuns. Please note that shipping charges for your order (if any) are shown at the checkout stage.

• Offers and promotions
  From time to time, we may offer special promotions and offers regarding price and/or shipping costs. The offer will clearly state the value and date upon which the offer is valid. We reserve the right to cancel any promotion early or cancel an order if the product(s) are sold out.

• Reservations
  
  We are not liable for any changes in currency exchange rates or for the rates that banks may apply when converting currencies.
  The prices and shipping charges shown on the website may vary over time, and we are not bound by the prices or shipping charges until we have accepted your order by sending you the “Shipping Confirmation” email.
  If you have placed an order and the price and/or shipping charges change before we accept your order (by sending the Shipping Confirmation), we will notify you by email of the changes and give you the option to place a new order at the updated price/shipping charges or cancel the original order. If we are unable to contact you, your order will be cancelled. We also reserve the right to cancel any order prior to our acceptance. If we have already received payment for a cancelled order, we will refund the amount of the purchase.
  Please note that we may also cancel an order even after it has been accepted if you realised or should have realised that the price information was incorrect.
  

• PAYMENT
  

• General
  Our store (www.cocomera.se) is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
  Through Shopify's platform, we offer a variety of payment options, all provided by third-party payment providers such as Nets, Klarna, and Apple Pay. Your purchasing data is stored by these third-party providers.
  The conditions for the various payment options are outlined below. Please note that variations in payment options may occur depending on your country of residence.

• Payment providers and conditions
  
  Credit and debit cards: We use Shopify Payments as our platform we accept the following payment methods:

• Visa

• Mastercard

• Maestro

• Amex

• UnionPay

• Klarna Pay Later: Klarna 'Pay in 30 Days' option allows you to receive your order upfront and get up to 30 days to pay without any interest or fees. In their app, you’ll have the option to pay off the balance earlier or extend the due date for a fee if needed.
  Note that this option is only available in Sweden, Austria, Denmark, Germany, Finland, the Netherlands and the UK.
  
  Klarna Pay Now: Klarna Pay Now allows you to make simple and secure online bank transfers. Designed with safety in mind, Klarna uses local authentication methods such as PIN/TAN in Germany and BankID in Sweden, among others.
  
  Note that this option is only available in Sweden, Austria, Germany and the Netherlands.
  
  Finance with Klarna: Klarna (Slice It) is a credit option. You can choose to pay the amount due in installments over 6 to 36 months. Financing terms and conditions will vary based on the selected plan.
  This option is available in Sweden, Denmark, Finland and Germany.
  For more information, please visit: Klarna
  
  Express Checkout: Accelerated checkouts, or express checkouts, save customers' payment and shipping information, allowing repeat customers to quickly complete payment for their orders. When a customer shops at a store that offers an accelerated checkout method, their details can be automatically populated at checkout. Your purchasing data is stored by the payment provider of your choice.
  We offer the following options:
  
  ShopPay: Is an accelerated checkout service offered by Shopify, designed to streamline the buying process. Shop Pay also offers buy now, pay later options. This option is provided by Affirm's lending partners and may be subject to eligibility.
  Customer payment information is encrypted, securely stored, and only available to stores when an order is placed.
  For more information, please visit: ShopPay
  
  PayPal: Pay securely with a PayPal balance, credit card, or bank account. The recipient receives the money without seeing your credit card or bank account number.
  For more information, please visit: PayPal
  
  Google Pay: Is a mobile payment service developed by Google to facilitate in-app, online, and in-person contactless purchases on mobile devices. It allows users to make payments using Android phones, tablets, or watches.
  
  For more information, please visit: GooglePay
  
  Apple Pay: Apple Pay is a mobile payment service provided by Apple Inc. that allows users to make payments in person, within iOS apps, and on the web.
  For more information, please visit: ApplePay
  

• SHIPPING AND DELIVERY
  

• General
  Under normal circumstances, all orders are processed and shipped within one (1) business day from when you receive a “Shipping Confirmation” email, from our warehouse in Stockholm, Sweden. Packaging and processing of orders occur between Monday and Friday, excluding Swedish public holidays.
  When you place an order on our website, you will receive an order confirmation email. Once your order has shipped, you will receive a second email with final confirmation and instructions, including information about the carrier and the location of your collection point (“Shipping Confirmation”).
  Delivery times provided are guidelines and may vary. In case of misleading information regarding stock quantities or technical issues, we reserve the right to cancel your order. Please note that once orders have been dispatched from our warehouse, they cannot be redirected. Additionally, we are unable to deliver to Post Office boxes.
  Please note that if you choose invoice payment with Klarna, you cannot use an alternative shipping address.

• Shipping fees and delivery time
  See Delivery and Returns

• RETURNS AND REFUNDS
  

• General
  You have the right to cancel and return your order within 30 days of receiving your parcel. If anything is not to your satisfaction, please do not hesitate to email us at info@coco-mera.com as soon as possible.
  Always include your order number in any communication with us.
  If you are not sure how you will react to a certain product, please contact us for more information and guidance. All products ingredient are listed on product page.
  Before using any skincare product, we recommend conducting a patch test to ensure compatibility with your skin. Apply a small amount of the product to an area of skin and wait 24-48 hours for any signs of irritation or allergic reaction. Discontinue use if any adverse reactions occur. We are not responsible for any reaction to any product or sample. We do not give refunds for allergic reactions.

• Exchanges
  All products are non-exchangeable but can be returned. If you wish to exchange an item, you must place a new order.
  *Items excluded from returns are those that have been modified or adjusted at the customer’s request.

• How to make a return:
  1. Email us at info@coco-mera.com and include your order number. We would appreciate your feedback on why you are not satisfied with the product(s).
  2. Place the product(s) in the original shipping box or bag, or any other solid carton box or plastic bag.
  3. Include the return form (if applicable) inside the box or bag.
  4. Close the box or bag and tape it securely.
  5. Affix the return label you received with the delivery (if applicable) on the package, covering the previous information.
  6. Return the package to your nearest delivery point.

• Return requirements
  Return the product(s) as soon as reasonably practicable, but no later than 14 days after receiving your parcel.
  When returning, we recommend that you pack the product(s) in the same way and use the same packaging as when you received them.
  Please note that you are responsible for the item until we have received it. Therefore, you should use a trackable shipping method and keep a copy of your shipping receipt for your records. Additionally, if applicable, clearly mark the package as “RETURN” on any customs paperwork and declare the correct value of the goods. Packages not marked this way or declared at zero value may experience delays or incur import duties.
  You are responsible for the shipping charges when returning products in accordance with your cancellation rights. We will not refund any additional duties, taxes, or charges that may be incurred in relation to a return.
  For more information regarding your right to cancel, please refer to section 8: Right of Cancellation and Returns.

• Refunds
  If you choose to cancel your order in accordance with the terms set forth in Return Requirements, we will issue a refund of the amount paid, excluding any shipping charges.
  We will process your refund as soon as possible, but no later than 14 days after receiving your parcel. The refund will be made using the same payment method you used for the purchase.
  If you have chosen an invoice via Klarna as your payment method and wish to withdraw only part of your order, please contact Klarna to put your invoice on hold. Once your partial withdrawal is accepted by us, a new invoice will be issued for the products you wish to keep. If you have already paid the invoice before your withdrawal, the amount corresponding to your withdrawal will be refunded.

• RIGHT OF CANCELATION AND RETURNS

• Cancellation
  You have a 14-day legal right of withdrawal under the Distance and Off-Premises Contracts Act (SFS 2005:59). This means you are entitled to cancel your purchase of the product(s) by notifying us within 14 days from the date on which you received the product(s). While the notice may be sent in various ways, we prefer that you contact us at info@coco-mera.com.
  Please note that we will issue a full refund only if the product(s) are returned in the same condition as at the time of delivery. If the value of the product(s) has diminished due to handling beyond what is necessary to ascertain their characteristics or function, you may be required to reimburse us for the loss. In such cases, we reserve the right to withhold an appropriate amount from the refund.
  To avoid any deduction from your refund, please ensure that the product you wish to return is in the exact same condition as when you received it, with tags and seals still attached.
  Additionally, the original packaging must be fully intact. Items should be returned in their undamaged original box, as it is considered part of the product.
  Certain products are exempt from the right of withdrawal under the Act on Distance Contracts and Off-Premises Contracts (2005:59). This includes products that have been manufactured or modified at the request of the customer or that have otherwise acquired a special characteristic
  

• Contact details
  If you have any questions, please do not hesitate to contact us at info@coco-mera.com
  
  Company Information

  Cocomera AB
  Telegramvägen 4, 

  13235 Saltsjö-Boo
  SWEDEN
  Organisation Number: 559278-0372
  VAT Number: SE559278037201

• DEFECTIVE PRODUCTS AND WARRANTIES
  

• Defective products
  If you believe you have received a defective product, please notify us immediately. According to the Consumer Act (2022:260), you are entitled to report defective products within three years of purchase. However, you must inform us within a reasonable time after discovering the defect.
  Please send an email to ino@coco-mera.com with the following details:

• A description of why you believe the product is defective.

• Your order number.

• If applicable, a picture of the product and the defect.
  If we determine that the product is defective, we will issue a full refund, including shipping charges. We need to assess the damage before advising on the return process. Please do not return the product without our prior confirmation. Contact us first so we can provide a prepaid return label, as we may not be able to reimburse shipping costs if you send the product back without contacting us first.
  For further information about your legal consumer rights, please refer to the Consumer Act (2022:260)

• Complaints
  
  We adhere to the recommendations of the General Complaints Board (ARN) and the European Online Dispute Resolution (EU ODR).
  For more information and contact details:
  ARN (Allmänna Reklamationsnämnden):
  Website: www.arn.se
  Adress: BOX 174, 101 23 Stockholm, SWEDEN
  EU ODR (European Online Dispute Resolution):
  Website: ec.europa.eu/odr

• PRIVACY POLICY AND COOKIES
  The submission of personal information through our store, as well as our use of cookies, is governed by our Privacy Policy. You can find a link to it in the footer of our website at www.cocomera.se 

• RESERVATIONS
  

• Accuracy, completeness and timeliness of information
  We are not responsible for the accuracy, completeness, or currency of the information provided on this site. The material on this site is for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources. Any reliance on the material on this site is at your own risk.
  This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time and are under no obligation to update the information. You agree that it is your responsibility to monitor any changes to our site.

• Products or services
  Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
  We have made every effort to accurately display the colours and images of our products as they appear in our store. However, we cannot guarantee that the colours shown on your computer monitor will be accurate.
  We reserve the right, but are not obligated, to limit the sales of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We further reserve the right to discontinue any product at any time.
  We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the service will be corrected.

• Modifications to prices
  Prices for our products are subject to change without notice. We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuances of orders.

• Accuracy of billing and account information
  
  We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed using the same customer account, credit card, and/or billing and shipping address. If we need to change or cancel an order, we will notify you via the email and/or billing address or phone number provided at the time of the order. We also reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors. If you are a business that is interested in business to business, please send an email to info@coco-mera.com. You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store. You also 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 as needed.

• DISCLAIMER AND PROVISOS
  

• General
  You may not use our products for any illegal or unauthorised purpose, nor may you use our site to violate any laws in your jurisdiction, including but not limited to copyright laws.
  You must not transmit any worms, viruses, or any code of a destructive nature.
  A breach or violation of any of these Terms will result in the immediate termination of our services to you.
  We reserve the right to refuse service to anyone for any reason at any time. You understand that your data (excluding credit card information) may be transferred unencrypted and involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
  You agree not to reproduce, duplicate, copy, or exploit our products or any content on the website without our express written permission.
  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

• Governing law
  These Terms and Conditions, along with any separate agreements under which we provide you with our services, shall be governed by and construed in accordance with the laws of Sweden and the European Union.

• Force majeure
  In the event of government action or new legislation, industrial disputes, war or threat of war, major disturbances of public order, sabotage, extreme weather, fire, explosion, natural disasters, accidents, or other circumstances beyond our control and which we could not reasonably foresee or overcome, COCOMERA AB shall not be liable for its obligations under this Agreement. Under such circumstances,COCOMERA AB will not be liable for any damages incurred by the Customer.

• Copyright permission notice
  Copyright in the documents provided on the website (including, but not limited to, the trademarks of COCOMERA AB, graphics, text, photos, designs, logos, icons, images, data, and software) is owned by or licensed to COCOMERA AB and its affiliates. You are authorised to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use, provided that this Copyright Permission Notice is included in all such copies. You may not charge anyone for the use of the material, nor may you publish, duplicate, or otherwise distribute the material to others without our prior consent. You may not modify the material in any way without our prior written permission. Except as expressly stated in this legal notice, no rights or licences to the material, or any portion thereof, are granted or implied.
  Optional tools
  We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these optional third-party tools.
  Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).
  In the future, we may also offer new Services and/or features through the website, including the release of new tools and resources. Such new features and/or Services shall also be subject to these Terms and Conditions.

• Third party links
  Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party sites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any products or Services offered by third parties.
  We are not liable for any harm or damages 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 third party's policies and practices to ensure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

• User comments, feedback and other submissions
  If, at our request, you send specific submissions (e.g., contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”) whether online, by email, postal mail, or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property rights or these Terms and Conditions.
  You agree that your comments will not violate any 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 libellous, unlawful, abusive, or obscene material, or include any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.

• Errors, inaccuracies and omissions
  Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, 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 in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
  We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information has been modified or updated.

• Prohibited uses
  In addition to other prohibitions 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 any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Service, related websites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to 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, related websites, other websites, or the Internet.
  We reserve the right to terminate your use of our service or any related website for violating any of these prohibited uses.

• Disclaimer of warranties; Limitation of Liability
  We do not guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of our service will be accurate or reliable.
  You expressly agree that your use of, or inability to use, the website is at your sole risk. The service and all products and services delivered to you through the site are provided "as is" and "as available" for your use, except as expressly stated by us, 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 case shall COCOMERA AB, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the website, or for any other claim related in any way to your use of the website 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 website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of the 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 shall be limited to the maximum extent permitted by law.

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

• Severability
  In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.

• Termination
  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or by ceasing to use our site.
  If, in our sole judgement, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services (or any part thereof).

• Entire agreement
  The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  These Terms, along with 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 regarding your use of the service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
  Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.