I. GENERAL CONDITIONS.
This document establishes the general terms and conditions (the "Terms and Conditions") that regulate the access and use of the website located at the electronic address with URL https://checoperez.com and any additional or auxiliary portals, developments and/or programs that Fibra Perez SA de CV (hereinafter, may be referred to, interchangeably, as the "Company" or "we") directly or indirectly uses. The Terms and Conditions may also be referred to, interchangeably, as the Contract, the "present document" or the "present instrument". For the purposes of this instrument, all persons who:
(i) register or access or use the Website; (ii) use the Services, regardless of whether or not they have created a user account on the Website; and/or (iii) purchase the products marketed by the company shall be referred to as "Users". These Terms and Conditions are addressed to Users who use the Website and/or request the Services exclusively in the territory of the United Mexican States ("Mexico").
II. ACCEPTANCE.
These Terms and Conditions will be displayed to the User for their express acceptance, which may be done in writing and by handwritten signature or by electronic means by filling out and/or checking acceptance boxes enabled on the Website, in accordance with the second paragraph of Article 1803 of the Federal Civil Code and its correlative and applicable provisions of the Civil Codes of the Federal Entities of the Mexican Republic.
Users declare and guarantee that, prior to the direct or indirect use of any of the Website and/or the Services, they have expressly accepted each and every one of the provisions contained and provided in these Terms and Conditions, as well as the corresponding subjection to them, in terms of the preceding paragraph. In the event that the Company does not have proof of a User's prior acceptance of the provisions of this instrument, the Service will not be provided.
In the event that Users, for any reason, do not wish to be bound by the exact Terms and Conditions established in this Contract, or if they do not agree with all or part of the provisions contained herein, they must refrain from registering on the Website or requesting the Services.
III. SERVICE AVAILABILITY
The articles offered through this website are only available for delivery within the Mexican Republic, except for those areas or zones where, due to difficulty of access, communications, or similar considerations, it is justified that such offer is not available.
There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If for any reason your order has not yet been accepted and a charge has already been made to your account, the amount will be refunded in full. To place an order, you must follow the online purchase procedure and click on "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). All orders are subject to our acceptance, of which you will be informed through an email confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formalized when we send you the Shipping Confirmation. All product orders are subject to availability. If due to force majeure, or if difficulties arise in the supply of products or if by exception there are no items in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order these substitute products, we will refund any amount you may have paid, reiterating that we will always do our best to keep the website updated.
IV. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content from it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, so we reserve the right to do so at any time.
V. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, it will be returned to our warehouse. We will also leave you a note explaining where your order is and how to have it resent. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.
In the event that 15 days have passed since your order was available for delivery, and the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and will consider it terminated.
VI. EXCLUSION OF WARRANTIES.
Users will use the Website and the Services under their sole and exclusive responsibility, thus expressly assuming any contingency that may be attributable to failures, breakdowns or malfunction of the Website or to any patrimonial and/or moral damages derived from the direct or indirect result of the Services. Users waive any right to compensation or repetition against the Company derived from the foregoing situations, to the extent permitted by applicable law in Mexico.
VII. ACCESS TO THE WEBSITE.
To access the Website, the following technical conditions must be met:
• Have internet access.
• Have an Internet browser installed, which may be one of the following: Firefox, Chrome, Safari, IE, Opera, updated to the latest version.
VIII. CUSTOMER SERVICE AND SUPPORT CENTER.
To make any requests, complaints or reports related to the Services, Users must contact the Company's Customer Service and Support Center, within a maximum period of five (5) calendar days after the event they wish to report or whose clarification they request.
Customer Service and Support Center
Telephone from Mexico City:
Telephone from inside the Mexican Republic:
Email:
Hours: Monday to Saturday from 9:00 AM to 6:00 PM.
IX. USE OF THE WEBSITE.
Users undertake to make proper and lawful use of the Website, in accordance with applicable law, this instrument, generally accepted morals and good customs, and public order. Users must refrain from engaging in the following conduct: (i) making improper, unlawful, or fraudulent use of the Website; (ii) accessing or attempting to access restricted or unauthorized resources within the Website; (iii) using the Website for illicit, illegal purposes or purposes contrary to what is established in this instrument, harmful to the rights or interests of third parties, or that in any way may damage, disable, overload, or impede the normal use or enjoyment of the Services and the Website; (iv) causing damage to the Website or to the systems of its providers or third parties; (v) introducing, disseminating, or attempting to distribute computer viruses or any other physical or logical systems that are capable of causing damage to the systems; (vi) attempting, accessing, using, and/or manipulating the data of the Company; third-party providers and other Users; (vii) reproducing or copying or distributing any elements inserted in the Website, without having the corresponding authorization; and (viii) performing or attempting to perform reverse engineering, decompiling or inverse compilation, disassembling, listing, printing, or displaying the software, firmware, middleware, or any other part of the source or compiled code that makes up the Platform and any of its programs or components, or by any other means obtaining the source code or other proprietary information of the Website.
Likewise, the User is strictly prohibited from carrying out "Fraudulent Operations" on the Website. For the purposes of this document, Fraudulent Operations shall mean any act carried out by Users to obtain undue profit or benefit, including, but not limited to, identity theft; the creation of false accounts or duplicate user accounts; the input of false financial or banking information, or information previously stolen from third parties; and in general, any isolated or repeated act whose purpose is to deceive the Company to obtain undue profit.
The User accepts that the availability and continuity of the operation of the Website may be interrupted or temporarily suspended due to: (i) the unavailability or inaccessibility of the Website; (ii) the interruption in the operation of the Website due to computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, the internet system or other electronic systems, produced during its operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions beyond the Company's control.
The Company will make its best efforts to maintain the good and correct functioning of the Website, as well as to mitigate the presence of viruses and/or other elements introduced to the Website by third parties, and will also adopt various protection measures to protect the Website against cyberattacks from third parties. However, Users acknowledge that the Website may not be available due to technical difficulties, internet failures, telecommunications network disruptions, or any circumstance beyond the Company's control.
X. PRIVACY
By subscribing to or accepting these Terms and Conditions, Users declare that they have read and expressly accepted the Company's Privacy Notice, which is available on the Website. For more information on the processing of their personal data, Users must consult the Privacy Notice.
XI. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
All content included in or available on the Website, including text, graphics, web design, interface, code and/or software, is protected by applicable law in Mexico and abroad, as the case may be, regarding intellectual property and copyright protection. Users acknowledge and accept that all intellectual and industrial property rights over all content and elements inserted in the Website (including, without limitation, trademarks, logos, figures, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentations, and audio and video elements) belong to the Company (the "Intellectual Property").
Any reproduction, distribution, transmission, copying, alteration, exploitation, publication, dissemination or disposal of the Intellectual Property is strictly prohibited, without the prior written consent of a legal representative of the Company.
Any use or exploitation of the Intellectual Property that is not authorized by a legal representative of the Company in advance and in writing will be sufficient reason to cancel the User's Account, without prejudice to the administrative, civil, and criminal sanctions to which the infractor may be subject.
XII. CONTENTS.
In the event that Users upload content to the Website in text, multimedia, audio, video or any other format (the "Content"), the User in question grants the Company, and the Company accepts from the User, a non-exclusive, universal, perpetual, irrevocable and fully paid, royalty-free, transferable and multi-level sublicensable license, which includes the exercise of all copyrights, rights derived from any industrial or intellectual property laws, patents, trademarks, publicity rights and rights associated with the protection of databases or personal data or any other similar or related rights, with respect to the Content.
XIII. RELATIONSHIP BETWEEN THE PARTIES.
For the purposes of this Contract, Users and the Company are collectively referred to as the "Parties". The Parties acknowledge that they are all independent of each other, so they agree that the subscription of these Terms and Conditions will be a contractual relationship of a private nature, without giving rise to said relationship being interpreted as a partnership, association, joint venture, agency, or employment relationship.
XIV. FORCE MAJEURE.
The Company shall not be liable to Users, in accordance with this instrument, in the event that the Website cannot be used or the Service cannot be provided due to force majeure, including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, tremors, seismic movements, strikes, wars, insurrections, riots, rebellions, closures, cyber attacks by hackers, fortuitous events or other causes of a similar or different nature.
XV. ASSIGNMENT.
Users may not assign their rights and obligations assumed upon subscribing to these Terms and Conditions, without the prior written consent of a legal representative of the Company. For its part, the Company may assign these Terms and Conditions to any third party that succeeds it in the exercise of its business or assumes ownership of the Digital Media or is within its same business group.
XVI. NOTIFICATIONS.
The Company may make timely notifications through a general publication disseminated on the Digital Media, through a notice sent to the email address provided by Users when registering their User Accounts or by traditional mail notification sent to the address indicated by Users when registering their User Accounts. The User may notify the Company by sending an email to the contact address indicated in the section relating to the Customer Service and Support Center.
XVII. MODIFICATIONS.
These Terms and Conditions may be modified, added to, or amended by the Company, in which case the date of last modification of this instrument will be updated. The User expressly acknowledges the Company's right to modify this Contract at any time, and must periodically consult the Terms and Conditions in force at all times.
XVIII. SURVIVAL.
In the event that any term, condition, section or provision set forth in these Terms and Conditions is considered or could be considered null, invalid, illegal, prohibited or unenforceable in any jurisdiction, such term, condition, section or provision shall be severed from this Agreement, without implying the nullity or invalidity of the remaining terms or conditions. The Company shall replace the corresponding term, condition, section or provision, in accordance with applicable regulations.
XIX. VALIDITY.
These Terms and Conditions will be valid and binding for all Users who have an active User Account on the Website and do not request its cancellation.
XX. DISPUTE RESOLUTION.
All disputes arising from the interpretation or fulfillment of these Terms and Conditions or related thereto, including any claim that one of the Parties may have in relation to the Service or arising from the use of the Website (the "Dispute"), must be resolved in accordance with the procedures described in this section, which will be the sole and exclusive procedures to resolve the Dispute. Mexican commercial law will be applicable to any Dispute, both for procedural and substantive matters, and the Parties hereby waive any other legislation or jurisdiction that, due to their current or future domiciles, may correspond to them.
(A) Mediation
In the event of a Dispute, the Parties must exhaust the private mediation procedure in accordance with the Alternative Justice Law of the Superior Court of Justice for the Federal District and other applicable legislation in Mexico City, for which the parties will appoint a private mediator; it being understood that, if for any reason, said appointment is not viable, the corresponding mediator will be appointed by the Commercial Mediation and Arbitration Commission of the National Chamber of Commerce of Mexico City (the Commission). The private mediation procedure will begin once either of the Parties notifies the private mediator in writing of the corresponding Dispute.