This document constitutes an adhesion contract for the use of the Internet page *www.miempresa.com* (hereinafter “Website” and/or “Website”) that celebrates: on the one hand, *Company name* ( Hereinafter " *Commercial Name* "), in its capacity as responsible and on the other, the User, subjecting both parties to the provisions of this document.
ACCEPTANCE OF THE TERMS AND CONDITIONS
By entering and using this Internet portal, identified with the domain name *www.mycompany.com* , property of *Commercial Name* , the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares his acceptance using for this purpose electronic means, in terms of the provisions of article 1803 and other relatives 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.miempresa.com* and/or any of the subpages that display its content and/or the person of any nature who registers and/or uses any of the services offered through said page.
If the Terms and Conditions of this contract are not fully and completely accepted, the User must refrain from accessing, using and observing the Website and/or any other service offered by *Commercial Name* .
In the event that the User accesses, uses and observes the Site, 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.
*Commercial Name* will not keep an individualized copy of this agreement entered into between the User and the Company, so the User is recommended to keep a copy of these Terms and Conditions of Use for their own records.
In the event that the User violates what is stated in these Terms and Conditions of Use, *Commercial Name* may cancel its use, as well as exclude the User from future operations, and/or take the legal action that it deems appropriate for its interests.
USE OF THE SITE *www.mycompany.com*
The User and *Commercial Name* agree that:
INTELLECTUAL AND INDUSTRIAL PROPERTY, AND COPYRIGHT
*Commercial Name* acknowledges being the sole owner of the intellectual property rights, whether registered or unregistered, on the site *www.mycompany.com* , including but not limited to: projects, software, source code, graphics, photographs , videos, images, music, sound, texts, logos, brands, domain names, trade names and data included in the Web Page *www.miempresa.com* . The entire content of our page is also protected by copyright as a collective work under the copyright laws of Mexico and international conventions. All rights reserved.
Users are warned 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, license, 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 is prohibited. as well as the use of the contents of the Site without prior express and written authorization of *Commercial Name* .
In the event that the User transmits to *Commercial Name* any information, programs, applications, software or in general any material that requires to be licensed through the Website *www.miempresa.com* , the User grants in this act to * Trade Name* a perpetual, universal, free, non-exclusive, worldwide, royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works from, publicly display and perform.
What is established in the previous paragraph will also apply to any other information that the User sends or transmits to *Commercial Name* , including, without limitation, questions, criticisms, comments and suggestions to renew or improve the Website, whether these They have been included in any space on the indicated page or by virtue of other means or modes of transmission known or to be developed in the future. In addition, when the User sends comments or criticisms to the web, he also grants *Commercial Name* the right to use the name that the User sends, within the framework of said review, comment, or any other content.
Due to the foregoing, the User expressly waives in this act to carry out any action, demand or claim against *Commercial Name* , its affiliates or suppliers for any current or eventual violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the User himself sends to the website *www.miempresa.com* .
In case of considering that any content published on the Website is in violation of intellectual or industrial property rights, the User may make a notification by contacting the *Commercial Name* Customer Service center. The User will have to indicate: i) true personal data (name, address, telephone number and email address of the claimant); ii) handwritten 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 said violations on the referred website; iv) express and clear statement that the introduction of the indicated content(s) has been carried out without the consent of the owner of the allegedly infringed intellectual property rights; v) express, clear statement and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of said rights.
The Website contains links to third party websites. These links are provided solely as a convenience to the Website for the User and do not imply that *Business Name* has endorsed the content on such third party websites. *Trade Name* is not responsible for the content of linked third party websites and makes no representations regarding the content or accuracy of material on such third party sites. If the User decides to access third-party websites through these links, they do so at their own responsibility and risk.
The User acknowledges and accepts that some 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 Advertising Material submitted for inclusion on the Website complies with applicable laws and regulatory codes. *Business Name* is not responsible for any errors or inaccuracies in advertising materials.
Likewise, the User acknowledges and accepts in this act that said Advertising Material is protected by the laws that are applicable to intellectual and industrial property.
WARRANTY OF THE PRODUCTS PURCHASED
*Commercial Name* acts as a distributor of manufacturers or wholesale distributors that guarantee that the products sold on the website *www.mycompany.com* function correctly and do not present defects or hidden defects that could make them dangerous or unsuitable for a normal use. Notwithstanding the foregoing, the use that each User makes of the products is their sole responsibility, without any responsibility of *Commercial Name* .
The duration of the contractual guarantee is clearly detailed on the product page of each item and is issued and endorsed by the manufacturer or supplier of each product.
No User may request a broader guarantee than that indicated therein. In such cases, *Commercial Name* will not be obliged to answer for said guarantees, nor to collect the damaged product(s).
The guarantee will lose its validity in the event of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear, improper use, or installation and use not in accordance with the instructions of the supplier or manufacturer.
Products transported, modified or repaired by the User or any other person not authorized by *Commercial Name* are excluded from the guarantee. The guarantee will not apply to apparent defects and product conformity defects, for which any claim must be made by the User in question within 7 (s) calendar days following delivery of the products.
The information given 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 in the *Commercial Name* Site, are exposed exclusively for guidance. *Commercial Name* is not responsible for any errors or inaccuracies in product information.
CREDITS AND PROMOTIONS
*Commercial Name* will inform the Users subscribed to the newsletter, by e-mail, all future promotions and opportunities, with the respective dates and conditions.
Promotions will have specific terms and conditions, and Users interested in participating will be responsible for reading and understanding these terms and conditions.
*Commercial Name* coupons cannot be combined with other coupons from the same store.
The credits generated by the promotional actions of *Commercial Name* (coupons, etc.) may be exchanged exclusively for physical products marketed on the Web Page *www.mycompany.com* . Credits may not be exchanged for other credits.
PURCHASE OF THE PRODUCTS
In order to make the purchase of the products, the User must make the payment of the selected products, taxes and corresponding shipping costs through the payment service providers that *Commercial Name* makes available to the User on the Website. The User may only purchase products through the Website to be delivered to an address within the territory of the United States of Mexico.
Once the purchase has been made by the User, through the implicit acceptance of the Terms and Conditions of Use, *Commercial Name* will send an e-mail to the User informing the details of the purchase made.
Payment for products purchased on the Site may be made through any of the means of payment offered by the Site, these being, among others: credit card, debit card, payment in OXXO. The list of payment methods offered may be subject to change at any time without prior notice to Users.
Payment by credit card or any other means of online payment must be made on the Site.
The order number assigned when making a transaction on the Site does not imply acceptance of the transaction. In case of having any problem with your order, the User will be notified by email or by telephone.
*Commercial Name* will send the purchase confirmation via email. Only after confirmation of payment will the products be released for delivery to the delivery address indicated by the User.
Bodegas *Commercial Name* reserves the right to request official documents from its clients, as a means of validation of the product acquisition process through the Site.
In case of ignorance on the part of the Banking Institution corresponding to the charges made by the User that corresponds through credit card and derived from operations carried out on the Site, *Commercial Name* reserves the right to initiate the corresponding legal actions and establish criminal or civil responsibilities as the case may be or of any other nature, as well as to carry out all those internal actions that may range from making the charge again to said User's credit card to the definitive removal of the User from the Site. , for which no prior authorization from the User will be required.
ORDER OF ACCEPTANCE AND PRICES
All the prices of the products that are indicated through the Website include VAT and other taxes that may correspond to them. However, these prices do not include the expenses corresponding to the shipment of the products, which will be detailed separately in each order and must be accepted and paid, prior to their shipment, directly and exclusively by the User.
The User must consider that there are cases in which an order cannot be processed for various reasons. In that sense, *Commercial Name* reserves the right to deny or cancel any order for any reason, at any time. In addition, it must be clear that the User may be asked for additional information, even before accepting the order.
*Commercial Name* will provide the most accurate pricing information for Users, 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 Company reserves the right to deny or cancel any order. In the event that the price of an item is incorrect, *Commercial Name* may, at its discretion, contact the User to request instructions or cancel the order and will notify them of such cancellation. It is worth mentioning that *Commercial Name* will have the right to cancel such orders, whether or not the order has been confirmed and paid for.
All the products offered on the Site are subject to stock and availability, so the delivery time may vary with prior notice from us, or even the cancellation of the order and the refund of the User's charges may proceed in case .
If the delivery time offered is not entirely satisfactory to the User, the cancellation of the order can be requested.
SHIPPING AND DELIVERY COSTS OF THE PRODUCTS
*Commercial Name* will send the products purchased by the User to the address specified by the User for this purpose as long as said address is within the coverage area communicated by *Commercial Name* .
The delivery time starts from the confirmation of payment by the bank, online payment platform, or Credit department of *Commercial Name* .
The products will be shipped and delivered to the User by third parties (hereinafter "Carrier Companies"). By virtue of the foregoing, the User agrees to submit to the shipping and delivery of the products to the delivery policies of the Transport Companies themselves, which are incorporated by reference to these Terms and Conditions of Use.
The term described on the Site is an estimate. In this way, it is possible that such term changes for reasons of logistics and force majeure. In the event that due to any fortuitous event or force majeure that may delay the delivery of the products purchased on the Site, *Commercial Name* will be exempt from any liability at all times.
In the event that the User has not received the products within the period declared by *Commercial Name* , they must contact the Company through the customer service center.
The freight cost will be added to the value of the merchandise purchased and will be calculated and informed to the User before confirming the purchase. The freight cost may depend on factors such as the total weight of the merchandise, the distance and the type of delivery, and may be modified by *Commercial Name* at any time without prior authorization from the User.
At the time of delivery, the person who receives the merchandise will be asked for an official identification (voter's card, passport, FM2 immigration form or driver's license), so it is required to have this document on hand when delivering the merchandise. buys.
*Commercial Name* suggests that the User verify the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, it is requested that they not receive the delivery from the Transport Company and that they immediately contact the *Commercial Name* customer service center.
CANCELLATION OF THE PURCHASE OF THE PRODUCTS
The User may cancel the purchase of Products made through the Website, as long as the Products purchased have not left the *Commercial Name* offices. In the event that the Products have already been sent by *Commercial Name*, the User will not be able to cancel the purchase made, and will have to follow the procedure presented in the "Returns" section of these Terms and Conditions. The User may check the status of the purchase made through the My Orders section of the User's Account or by contacting the *Commercial Name* customer service center. In case of cancellation of the purchase made by the User, the amount paid by the User will be refunded in accordance with the "Refunds" section of these Terms and Conditions.
The User may return the products purchased through the Website, as long as:
The process of returning the Products will be as follows:
If the payment was made by debit or credit card, the refund will be made through a chargeback on the same card that was used. If the payment was made by other means, the refund will be made through a bank transfer to the User's account.
The User will be reimbursed for the cost of the returned products plus the cost of freight paid by the User for them.
*Commercial Name* is not and will not be responsible for the expenses caused by those returns that occur without respecting the steps established in the procedure presented in the "Returns" section.
Deadline for refunds in case of cancellation
In case of cancellation of the purchase made by the User in accordance with the section "Cancellation of the purchase of products" of these Terms and Conditions, *Commercial Name* must request a refund from the User for the entire amount paid by the User within the following 7 calendar days from the date of cancellation of the User's purchase.
Term for refunds in case of return
Once the products returned by the User have been received, *Commercial Name* will review the returned products.
In the event that the products received by *Commercial Name* comply with the characteristics established in point 2 of the "Return Conditions" section, the Company will have the obligation to return the money paid by the User within 7 calendar days from from the day the *Commercial Name* received the returned products.
RESPONSIBILITY OF THE USER IN RELATION TO TRANSACTIONS
The User assumes responsibility for all costs, fees, taxes and claims that will arise from the use of this Website. The access data communicated to the User for his profile have been conceived exclusively for personal use, and must be treated confidentially. The User must modify their passwords regularly. All transactions made through the profile account will be attributed to the holder of the relevant profile account, and will be binding.
The User is responsible without limitation for direct and indirect damages, as well as consequential damages, which could be caused by gross negligence or illegal intent.
The User must send a billing request to the Company's customer service center 24 hours from when the purchase was made. Invoice requests will not proceed for purchases that do not fall within this period.
When requesting the invoice, it will be necessary for the User to have on hand and provide the following tax requirements:
RESTRICTIONS FOR MINORS
*Commercial Name* does not intentionally make sales to minors, so parents and guardians are recommended to carry out the activities of purchasing products or registering on the Website themselves.
Parents or guardians of minors will be responsible for the acts carried out by them in accordance with the provisions of these Terms and Conditions of Use, including damages caused to third parties, actions carried out by them and that are prohibited by law and by the provisions of this agreement, without prejudice to the responsibility of the User, provided that the User was not the parent or legal representative of the minor offender.
The User in this act undertakes to indemnify and hold harmless *Commercial Name* and its subsidiaries, controlling company, shareholders, directors, employees, officials, directors and agents against any actions, procedures, responsibilities, demands, claims, losses, responsibilities, damages, costs, damages, expenses and costs, as well as the expenses, costs and fees of lawyers and external advisers that derive from or are related to the violation by the User of: (i) these Terms and Conditions, and/or (ii) any applicable laws, rules, decrees or regulations.
*Commercial Name* reserves the right to assume the defense and control of any matter or claim that implies or could imply the payment of compensation associated with any breach by the User. The User undertakes to cooperate with *Commercial Name* in the development of the pertinent defenses.
MODIFICATIONS TO THE SITE *www.miempresa.com*
*Commercial Name* may at any time and when it deems appropriate, without the need 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 or right to any claim or compensation, nor does this imply acknowledgment of any responsibility in favor of the User.
VALIDITY, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE
The Company, as well as the User, acknowledge that the Terms and Conditions are of unlimited validity, and will enter into force as of their publication on the Site.
*Commercial Name* reserves the right to make changes to this document without prior notice. Therefore, *Commercial Name* recommends that the User re-read this document regularly, so that they are always informed of any changes. Alterations to the contract will become effective immediately upon posting on the Site. Once the modifications have been made, it will be presumed that the User who continues to use the Site has full knowledge, has read and consented to the amended Terms and Conditions. In the event that the User does not accept the modified terms and conditions, they must stop using the Website.
*Commercial Name* may at any time suspend access to the Website and/or terminate these Terms and Conditions. The termination of these Terms and Conditions will not imply in any case for *Commercial Name* that it must indemnify the User.
These Terms and Conditions of Use, as well as the additional terms, constitute the entire agreement between the parties, and supersedes any other agreement or contract entered into previously. Any clause or provision of this contract, as well as of the additional terms, legally declared invalid, will be eliminated or modified at the choice of *Commercial Name* , in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their force, obligation and validity.
Occasionally, *Commercial Name* may revise, update and/or add to the Terms and Conditions of Use of this contract additional provisions related to specific areas or new services provided on or through the Website *www.mycompany.com* , 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 said additional terms are an integral part of this contract for all legal purposes that may apply.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use will be interpreted and governed by the legislation in force in Mexico, Federal District, waiving the application of the Convention on the International Sale of Goods.
CESSION OF RIGHTS
The rights granted to the User must be considered as personal rights and the User may not assign or transmit them, nor authorize any third party to use them in any way. *Commercial Name* may assign all or part of its rights and/or obligations under its responsibility to any third party, subsidiary or controller of *Commercial Name* without prior authorization from the User. By virtue of said assignment, *Commercial Name* will be released from any obligation in favor of the User, established in this contract.
NO WAIVER OF RIGHTS
The inactivity on the part of *Commercial Name* , its affiliates or suppliers to exercise any right or action derived from this contract, shall at no time be construed as a waiver of said rights or actions.
The User agrees to indemnify *Commercial Name* , its affiliates, suppliers, vendors and advisors for any action, demand or claim (including legal fees and legal costs) derived from any breach by the User of this agreement. ; including, without limitation, any of those derived from:
If any provision established in these Terms and Conditions is illegal, void or unenforceable in any jurisdiction, it will not affect: (i) the legality, validity or exercise in said jurisdiction of any other provision of this agreement; or (ii) the legality, validity or exercise in any other jurisdiction of said or any other provision of this agreement.
*Commercial Name* may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver thereof, unless expressly recognized by *Commercial Name* , or prescription of the action that corresponds to each case.
The headings of the clauses are incorporated into it only for convenience and for better management, so they will in no way be considered for the purposes of their interpretation, nor will they affect the obligations contained therein.
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 *Commercial Name* through the Website, constitute the entire agreement between the User and *Commercial Name* in relation to the Services offered by *Commercial Name* through the Website.
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