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Terms and Conditions
TERMS AND CONDITIONS TERMS AND CONDITIONS OF USE PURPOSE
This document constitutes an adhesion contract for the use of the website www.artisteria.mx (hereinafter “Website”) entered into by Sofia Rivera García Granados (hereinafter “THE SERVICE PROVIDER”) as the responsible party, and the USER, with both parties agreeing to the provisions of this document.
ACCEPTANCE OF TERMS AND CONDITIONS
By entering and using this internet portal, identified by the domain name www.artisteria.mx, owned by THE SERVICE PROVIDER, the USER accepts the Terms and Conditions of Use contained in this contract and expressly declares their acceptance using electronic means for this purpose, in accordance with the provisions of article 1803, section I and other related articles of the Federal Civil Code.
For the purposes of this contract, the parties agree that "USER" shall mean any person of any nature who enters the website www.artisteria.mx and/or any of the subpages that display its content and/or any person of any nature who registers and/or uses any of the services offered through said page.
If the USER does not accept the Terms and Conditions of this contract in absolute and complete form, the USER must refrain from accessing, using, and observing the Website and/or any other service offered by THE SERVICE PROVIDER.
If the USER accesses, uses, and observes the Website, it will be considered as an absolute and express acceptance of the Terms and Conditions of Use stipulated herein, the other documents incorporated into them by reference, as well as the applicable laws and regulations in accordance with current legislation for the use of the Website.
THE SERVICE PROVIDER will not keep an individualized copy of this agreement entered into between the USER and THE SERVICE PROVIDER, so the USER is recommended to keep a copy of these Terms and Conditions of Use for their own record.
In the event that the USER violates what is expressed in these Terms and Conditions of Use, THE SERVICE PROVIDER may cancel its use, as well as exclude the USER from future operations, and/or take the legal action it deems convenient for its interests.
USE OF THE SITE WWW.ARTISTERIA.MX. The USER and THE SERVICE PROVIDER agree that:
INTELLECTUAL AND INDUSTRIAL PROPERTY, AND COPYRIGHT
THE SERVICE PROVIDER acknowledges being the sole owner of the intellectual property rights, whether registered or unregistered, on the www.artisteria.mx site, including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, trademarks, domain names, commercial names, and data included on the www.artisteria.mx Website. The entire content of our page is also protected by copyright as a collective work under Mexican copyright laws and international conventions. All rights reserved.
The USER is advised that such rights are protected by current Mexican and international legislation relating to intellectual and industrial property and copyright.
Copying, reproduction, adaptation, modification, distribution, commercialization, licensing, sending, disclosure, public communication and/or any other action that generates an infringement of current Mexican or international legislation on intellectual and/or industrial property, as well as the use of the contents of the Site without prior express written authorization from THE SERVICE PROVIDER, is prohibited.
In the event that the USER transmits to THE SERVICE PROVIDER any information, programs, applications, software, or in general any material that requires licensing through the Website www.dossofias.com, the USER hereby grants THE SERVICE PROVIDER a perpetual, universal, free, non-exclusive, worldwide, and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display, and publicly perform them.
The provisions of the preceding paragraph shall apply equally to any other information that the USER sends or transmits to THE SERVICE PROVIDER, including, without limitation, questions, criticisms, comments, and suggestions for renewing or improving the Website, whether these have been included in any space on the indicated page or by virtue of other known means or modes of transmission or those that may be developed in the future. In addition, when the USER submits comments or criticisms to the website, they also grant THE SERVICE PROVIDER the right to use the name that the USER submits, within the framework of said review, comment, or any other content.
Therefore, the USER expressly waives any action, lawsuit, or claim against THE SERVICE PROVIDER, its affiliates, or suppliers for any actual or eventual violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas, and other material that the USER sends to the website www.artisteria.mx.
Should the USER consider that any content published on the Website infringes intellectual or industrial property rights, they may submit a notification by contacting THE SERVICE PROVIDER's Customer Service center. The USER will need to indicate: i) verifiable personal data (name, address, phone number, and email address of the claimant); ii) an autograph signature with the personal data of the owner of the intellectual property rights; iii) precise and complete indication of the content(s) protected by intellectual property rights allegedly infringed, as well as the location of such infringements on the referred website; iv) an express and clear statement that the inclusion of the indicated content(s) has been done without the consent of the owner of the allegedly infringed intellectual property rights; v) an express, clear, and under the responsibility of the claimant declaration that the information provided in the notification is accurate and that the inclusion of the content(s) constitutes a violation of said rights.
The Website contains links to third-party websites. These links are provided merely as an advantage of the Website for the USER and do not imply that THE SERVICE PROVIDER has approved the content of said third-party websites. THE SERVICE PROVIDER is not responsible for the content of linked third-party websites and makes no representations regarding the content or veracity of the material on said third-party sites. If the USER decides to access third-party websites through these links, they do so at their own responsibility and risk.
ADVERTISING MATERIAL
The USER acknowledges and accepts that certain parts of the Website may contain information, images, advertisements, and other advertising or promotional material from third-party sponsors and advertisers (hereinafter "Advertising Material"). Advertisers and sponsors are responsible for ensuring that the Advertising Material submitted for inclusion on the Website complies with relevant laws and regulatory codes. THE SERVICE PROVIDER is not responsible for any error or inaccuracy in the advertising materials.
Likewise, the USER acknowledges and accepts that said Advertising Material is protected by applicable intellectual and industrial property laws.
PRODUCT WARRANTY
THE SERVICE PROVIDER acts as a distributor for manufacturers or wholesale distributors, guaranteeing that the products sold on the website www.artistera.mx function correctly and do not present defects or hidden flaws that could make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, the use that each USER gives to the products is their sole responsibility, without any responsibility on the part of THE SERVICE PROVIDER.
The duration of the contractual warranty is 24 hours and exclusively covers material defects, manufacturing defects, and hidden flaws. No USER may request a warranty longer than this time. The warranty will lose its validity in case of misuse of the product or
modified or repaired by the USER or any other person not authorized by THE SERVICE PROVIDER.
PRODUCT INFORMATION
The information provided about each product, as well as the photographs or videos related to them and the commercial names, trademarks, or distinctive signs of any kind contained on THE SERVICE PROVIDER's Site, are displayed solely for guidance. THE SERVICE PROVIDER is not responsible for any error or inaccuracy in the product information.
CREDITS AND PROMOTIONS
THE SERVICE PROVIDER will inform the USER subscribed to the "newsletter," by email, of all future promotions and opportunities, with their respective dates and conditions.
Promotions will have specific terms and conditions, and the USER interested in participating will be responsible for reading and understanding these terms and conditions.
THE SERVICE PROVIDER's coupons are not cumulative or transferable between each other.
Credits generated by THE SERVICE PROVIDER's promotional actions (coupons, etc.) may only be exchanged for physical products sold on the Website www.artisteria.mx. Credits cannot be exchanged for other credits.
PRODUCT PURCHASE
To purchase products, the USER must pay for the selected products, taxes, and corresponding shipping costs through the payment service providers that THE SERVICE PROVIDER makes available to the USER on the Website. The USER can only purchase products through the Website for delivery to an address within the available coverage area.
Once the purchase has been made by the USER, by accepting the Terms and Conditions of Use, THE SERVICE PROVIDER will send an email to the USER informing them of the details of the purchase made.
PAYMENT
Payment for products purchased on the Site may be made by any of the payment methods offered by the Site, which are: VISA, Mastercard, or AMEX credit or debit card. The list of payment methods offered may be subject to change at any time without prior notice to the USER.
Payment by credit card or any other online payment method must be made on the Site.
The order number assigned when making the transaction on the Site does not imply acceptance of the transaction. In case of any problem with their order, the
USER will be contacted by email or telephone.
The SERVICE PROVIDER will send the purchase confirmation via email. Only after payment confirmation will products be released for delivery to the delivery address specified by the USER.
The SERVICE PROVIDER reserves the right to request official documents from its customers as a means of validating the product acquisition process through the Site.
In the event of an unawareness by the corresponding Bank regarding charges made by the USER via bank card and arising from transactions made on the Site, the SERVICE PROVIDER reserves the right to initiate appropriate legal actions and establish criminal or civil liabilities as the case may be or of any other nature, as well as to carry out all internal actions that may range from re-charging the said USER's bank card to the definitive cancellation of the USER on the Site, for which no prior authorization from the USER will be required.
ACCEPTANCE ORDER AND PRICES
All prices of the products indicated through the Website include VAT and any other applicable taxes.
These prices do not include shipping costs.
The USER must consider that there are cases in which an order cannot be processed for various reasons. In this regard, the SERVICE PROVIDER reserves the right to refuse or cancel any order for any reason, at any time. Furthermore, it must be clear that the USER may be asked for additional information, even before accepting the order.
The SERVICE PROVIDER will provide the most accurate pricing information to the USER, however, certain errors may still occur, such as cases where the price of an item is not displayed correctly on the Website. As such, the SERVICE PROVIDER reserves the right to deny or cancel any order. In the event that an item's price is incorrect, the SERVICE PROVIDER may contact the USER to request instructions or cancel the order and will notify the USER of such cancellation. It should be noted that the SERVICE PROVIDER will have the right to cancel such orders, whether or not the order has been confirmed and paid for.
If, for any reason, the price is $0.00 or $0.01, please contact the SERVICE PROVIDER's customer service center. Under no circumstances will it be understood that these items are free or have no price, and orders placed under this situation will be canceled without prior notice.
PRODUCT AVAILABILITY
All products offered on the Site are subject to stock and availability, so delivery time may vary with prior notice from us, or the order may even be canceled and charges refunded to the USER in such a case.
If the offered delivery time is not entirely satisfactory to the USER, the order can be canceled.
SHIPPING COSTS AND PRODUCT DELIVERY
The SERVICE PROVIDER will send the products purchased by the User to the address specified by the USER for this purpose, provided that said address is within the coverage area communicated by the SERVICE PROVIDER.
Delivery time begins from the confirmation of payment by the bank, online payment platform, or the SERVICE PROVIDER's Credit department.
Products will be shipped and delivered to the USER by a third party other than the SERVICE PROVIDER.
The period described in the confirmation email is an estimate. Thus, it is possible for such period to change due to logistical reasons and force majeure. In the event that any unforeseen event or force majeure may delay the delivery of products purchased on the Site, the SERVICE PROVIDER shall at all times be exempt from any liability.
In the event that the USER has not received the products within the period declared by the SERVICE PROVIDER, they must contact the SERVICE PROVIDER through the customer service center.
Upon delivery, the person receiving the merchandise will be asked to show official identification (voter ID, passport, FM2 immigration form, or driver's license), so this document is required to be on hand at the time of purchase delivery.
Installation and/or assembly of the products are not included in the delivery service.
The SERVICE PROVIDER suggests that the USER verifies the integrity and quality of the products received at the time of delivery. If the USER is not satisfied with the products, they are requested not to accept the delivery and to immediately contact the SERVICE PROVIDER's customer service center. If you receive the products, you are assuming that they arrived in perfect condition, and therefore no changes or returns will be made if, upon presenting them at the points of sale, they have imperfections.
We will also ask the person receiving the merchandise to sign a delivery document with the marked date and a conformity notice.
CANCELLATION OF PRODUCT PURCHASE
The USER may cancel the purchase of products made through the Website, as long as the purchased products have not left the SERVICE PROVIDER's offices. In the event that the products have already been shipped by the SERVICE PROVIDER, the USER may not cancel the purchase, and the arrangement must be delivered to the requested address.
REFUNDS
Refunds will be issued exclusively as coupons that can be used to purchase any of the products sold through the Website. No cash refunds or refunds to the debit or credit card used will be made.
USER RESPONSIBILITY IN RELATION TO TRANSACTIONS
The USER assumes responsibility for all costs, fees, taxes, and demands arising from the use of this Website. The access data communicated to the USER for their profile has been exclusively designed for personal use and must be treated with confidentiality. The USER must regularly change their passwords. All transactions made through the profile account will be attributed to the owner of the relevant profile account and will be binding.
The USER is fully responsible for direct and indirect damages, as well as consequential damages, that may be caused by gross negligence or illegal intent.
USER ACCOUNT
The USER may have a personal account (hereinafter "USER ACCOUNT") by entering the requested data on the Website. The USER ACCOUNT is personal, unique, and non-transferable.
The USER may only have one USER ACCOUNT. In the event that the SERVICE PROVIDER detects different accounts containing matching or related data, it may cancel, suspend, or disable them, at its sole discretion. The USER will be responsible for all operations carried out from their USER ACCOUNT. The sale, assignment, transfer, or transmission of the USER ACCOUNT under any title, whether for consideration or free of charge, is prohibited.
The SERVICE PROVIDER reserves the right to refuse the registration of a USER ACCOUNT if it considers that the USER has not complied with these Terms and Conditions, without the SERVICE PROVIDER being obliged to communicate or explain the reasons for its decision and without generating any right to compensation or indemnification in favor of the USER.
INVOICING POLICIES
The USER must send an email to sghuerta@dossofias.com if they wish to have their purchase invoiced. When requesting the invoice, the USER will need to have on hand and provide the following tax requirements:
Once the corresponding invoice has been issued, the SERVICE PROVIDER cannot re-invoice or issue subsequent invoices.
RESTRICTIONS FOR MINORS
The SERVICE PROVIDER does not intentionally sell to minors, so parents and guardians are encouraged to carry out product purchasing or registration activities on the Website themselves.
Parents or guardians of minors will be responsible for the acts performed by them as provided by these Terms and Conditions of Use, including damages caused to third parties, actions carried out by them that are prohibited by law and by the provisions of this agreement, without prejudice to the responsibility of the USER, provided that the USER is not the parent or legal representative of the infringing minor.
LIABILITY
The USER hereby agrees to indemnify and hold harmless the SERVICE PROVIDER and its employees, officers, and agents against any actions, proceedings, liabilities, demands, claims, losses, liabilities, damages, costs, expenses, and fees, as well as attorney's and external advisors' fees and costs, arising from or related to the USER's violation of: (i) these Terms and Conditions, and/or (ii) any applicable laws, rules, decrees, or regulations.
The SERVICE PROVIDER reserves the right to assume the defense and control of any matter or claim that involves or could involve the payment of compensation associated with a breach by the USER. The USER agrees to cooperate with the SERVICE PROVIDER in developing appropriate defenses.
MODIFICATIONS TO THE WEBSITE WWW.ARTISTERIA.MX
The SERVICE PROVIDER may at any time and when deemed convenient, without needing to notify the USER, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site, without this giving rise to any claim or compensation, nor implying recognition of any responsibility in favor of the USER.
VALIDITY, TERMINATION, AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE The SERVICE PROVIDER, as well as the USER, acknowledge that the Terms and Conditions are of unlimited duration, and will come into force from their publication on the Site.
The SERVICE PROVIDER reserves the right to make alterations to this document without prior notice. Therefore, the SERVICE PROVIDER recommends that the USER regularly re-read this document, so as to remain always informed about eventual modifications. The alterations to the contract will become effective immediately after their publication on the Site. Once the modifications are made, it will be presumed that the USER who continues to use the Site will have full knowledge, will have read and consented to the amended Terms and Conditions. In case the USER does not accept the modified terms and conditions, they must stop using the Website.
The SERVICE PROVIDER may at any time suspend access to the Website and/or terminate these Terms and Conditions. The termination of these Terms and Conditions will in no case imply that the SERVICE PROVIDER must compensate the USER.
SURVIVAL
These Terms and Conditions of Use, as well as any additional terms, constitute the entire agreement between the parties and supersede any other prior agreement or contract. Any clause or provision of this contract, as well as any additional terms, legally declared invalid, will be eliminated or modified at the discretion of the SERVICE PROVIDER, for the purpose of correcting its defect or flaw. However, the remaining clauses or provisions will maintain their force, obligation, and validity.
ADDITIONAL TERMS
Occasionally, the SERVICE PROVIDER may revise, update, and/or add additional provisions to the Terms and Conditions of Use of this contract regarding specific areas or new services provided on or through the Website www.artisteria.mx, which will be published in the specific areas or new services of said site for their reading and acceptance. The USER acknowledges and accepts that such additional terms form an integral part of this contract for all legal purposes.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use shall be interpreted and governed by the current legislation in Mexico City, waiving the application of the Convention on the International Sale of Goods.
Furthermore, by means of this agreement, the parties expressly submit to the jurisdiction of the Courts of Mexico City regarding any controversy that may arise from its application, expressly waiving any other jurisdiction that may correspond to them due to their domicile, present or future, as well as for any other reason.
ASSIGNMENT OF RIGHTS
The rights granted to the USER are to be considered personal rights, and the USER may not assign or transfer them, nor authorize any third party to use them in any way. The SERVICE PROVIDER may totally or partially assign the rights and/or obligations under its charge to any third party, subsidiary, or controlling entity of the SERVICE PROVIDER without prior authorization from the USER. By virtue of said assignment, the SERVICE PROVIDER will be released from any obligation in favor of the USER, established in this contract.
NO WAIVER OF RIGHTS
Inactivity on the part of the SERVICE PROVIDER, its affiliates, or suppliers in exercising any right or action derived from this contract, shall at no time be interpreted as a waiver of said rights or actions.
INDEMNIFICATION
The USER agrees to indemnify the SERVICE PROVIDER, its affiliates, suppliers, sellers, and advisors for any action, demand, or claim (including attorney's fees and court costs) arising from any breach by the USER of this agreement; including, without limitation, any derived from:
OTHER
If any provision set forth in these Terms and Conditions is illegal, void, or unenforceable in any jurisdiction, it will not affect: (i) the legality, validity, or enforceability in said jurisdiction of any other provision of this agreement; or (ii) the legality, validity, or enforceability in any other jurisdiction of said or any other provision of this agreement.
The SERVICE PROVIDER may not exercise any of the rights and powers conferred in this document, which will in no case imply a waiver of them, except for express recognition by the SERVICE PROVIDER or prescription of the action corresponding to each case.
The headings of the clauses are incorporated herein solely for convenience and better management, and therefore shall in no way be considered for interpretation purposes, nor shall they affect the obligations contained herein.
These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices that are published or communicated, from time to time, by the SERVICE PROVIDER through the Website, constitute the entire agreement between the USER and the SERVICE PROVIDER in relation to the Services offered by the SERVICE PROVIDER through the Website.
DATE OF LAST UPDATE
Please be advised that these Terms and Conditions were modified on January 11, 2021.