Terms of service
PURPOSE
This document constitutes an adhesion contract for the use of the Internet page www.kukul.mx (hereinafter "Website" and/or "Web Page") entered into by: on the one hand, KUKUL METAL DESIGN (hereinafter "the Company"), in its capacity as responsible party and on the other, the User, both parties being subject to the provisions of this document.
ACCEPTANCE OF TERMS AND CONDITIONS
By entering and using this Internet portal, identified with the domain name www.kukul.mx, property of KUKUL METAL DESIGN, the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares his/her acceptance using electronic means for this purpose, in terms of the provisions of article 1803 and other related articles of the Federal Civil Code.
For the purposes of this contract, the parties agree that “User” shall be understood as any person of any nature who enters the website www.kukul.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. In the event of not accepting the Terms and Conditions of this contract in an absolute and complete manner, the User must refrain from accessing, using and observing the Website and/or any other service offered by KUKUL METAL DESIGN. 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 therein by reference, as well as the applicable laws and regulations in accordance with current legislation for the use of the Website.
KUKUL METAL DESIGN will not keep an individualized copy of this agreement between the User and the Company, so the User is recommended to keep a copy of these Terms and Conditions of Use for his/her own records. In the event that the User violates the provisions of these Terms and Conditions of Use, KUKUL METAL DESIGN may cancel the User's use, as well as exclude the User from future operations, and/or take legal action that it deems appropriate for its interests.
USE OF THE SITE www.kukul.mx
The User and KUKUL METAL DESIGN agree that:
In order to use the Website, the User must be at least 18 years of age or be accessing under the supervision of a parent or legal guardian. KUKUL METAL DESIGN grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described, for the purpose of purchasing personal items sold on the Website. The User may only print and/or copy any information and/or image contained or published on the website www.kukul.mx exclusively for personal use, therefore the commercial use of said information is expressly and strictly prohibited. In the case of being a legal entity, it will be subject to the provisions of article 148, section IV of the Federal Copyright Law. The reprinting, publication, distribution, assignment, sublicense, sale, electronic or other reproduction, partial or total, of any information, image, document or graphic that appears on the website www.kukul.mx, for any use other than personal non-commercial use is expressly prohibited to the User, unless he or she has the prior written authorization of KUKUL METAL DESIGN.
Any violation of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this section, without prior notice. Certain services and related features that may be available on www.kukul.mx may require registration or subscription. The User acknowledges that, by providing personal information, he/she grants KUKUL METAL DESIGN the authorization indicated in article 109 of the Federal Copyright Law. If the User decides to register or subscribe to any of these services or related functions, he/she agrees to provide accurate and updated information about himself/herself, and to promptly update that information if there is any change. Each User of the site is solely responsible for keeping passwords and other account identifiers secure. The account holder is fully responsible for all activities that occur under his/her password or account. Furthermore, the User must notify the Company of any unauthorized use of his/her password or account. In no way will KUKUL METAL DESIGN be responsible, directly or indirectly, for any loss or damage of any kind incurred as a result of the User's failure to comply with this section.
During the registration process, the User agrees to receive promotional emails from www.kukul.mx. However, the User may subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email. KUKUL METAL DESIGN reserves the right to block access to or remove in whole or in part any information, communication or material that in its sole judgment may be: i) abusive, defamatory or obscene; ii) fraudulent, artificial or misleading; iii) in violation of copyright, trademarks, confidentiality, trade secrets or any intellectual property rights of a third party; iv) offensive or; v) that in any way contravenes the provisions of this contract. KUKUL METAL DESIGN does not presume that the content of its Page can be legally viewed outside of the United Mexican States. Access to the content may not be legal for certain persons or in certain countries. If the User accesses the content from outside the United Mexican States, he/she does so at his/her own risk and is responsible for compliance with the laws within the jurisdiction in which the User is located.
Users are prohibited from violating or attempting to violate the security of the Website and the affiliated websites of KUKUL METAL DESIGN; the User is prohibited from: (a) accessing data to which the User is not authorized to use or logging into a server or account for which the User is not authorized to access; (b) attempting to examine, scan or test the vulnerability of a computer system or network or breach security or authentication measures without proper authorization; (c) attempting to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Website or the affiliated websites of KUKUL METAL DESIGN; (d) causing a saturation of such sites by "flooding", "spamming", "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
The User acknowledges that violations of computer system or network security may give rise to civil or criminal liability. KUKUL METAL DESIGN will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; the Company will cooperate with the competent authority in the investigation of such violations in the terms established in the applicable legislation. In order to access the Site, Users must have the necessary equipment and facilities for their Internet connection (computer, telephone, modem, programs, etc.), and the use of this equipment is the sole responsibility of the Users.
KUKUL METAL DESIGN is exempt from any liability that may occur due to interruptions or suspensions of the Internet access service caused by failure in the telecommunications system, in the supply of electric power, fortuitous events or force majeure or an action by third parties that may disable the equipment that provides access to the network. Therefore, KUKUL METAL DESIGN is not responsible for any damage, harm or loss to the User caused by failures in the system, on the server or on the Internet. The Company will also not be responsible for any virus that may infect the User's equipment as a result of access, use or examination of the Site or as a result of any transfer of data, files, images, texts, or audio contained therein. Users may NOT hold the Company responsible or demand payment for damages or losses due to technical difficulties or failures in the systems or the Internet. KUKUL METAL DESIGN does not guarantee continued or uninterrupted access to and use of the Site. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the Company's control; in such cases, efforts will be made to restore it as quickly as possible without any liability being attributed to the Company. KUKUL METAL DESIGN shall not be liable for any errors or omissions contained on the Site.
INTELLECTUAL AND INDUSTRIAL PROPERTY AND COPYRIGHT
KUKUL METAL DESIGN acknowledges being the sole owner of the intellectual property rights, whether registered or not, on the website www.kukul.mx, including but not limited to: projects, software, code, source, graphics, photographs, videos, images, texts, logos, trademarks, domain names, trade names and data included on the Website www.kukul.mx. The entire content of our page is also protected by copyright as a collective work under the copyright laws in Mexico and international conventions. All rights reserved. Users are 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 the Mexican or international legislation in force regarding intellectual and/or industrial property, as well as the use of the contents of the Site without prior express written authorization from KUKUL METAL DESIGN, is prohibited. In the event that the User transmits to KUKUL METAL DESIGN any information, programs, applications, software or in general any material that requires licensing through the Website www.kukul.mx, the User hereby grants KUKUL METAL DESIGN a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, publicly display and perform them.
The provisions of the preceding paragraph shall also apply to any other information that the User sends or transmits to KUKUL METAL DESIGN, including, without limitation, questions, criticisms, comments and suggestions for updating or improving the Website, whether these have been included in any space on the indicated page or by virtue of other means or modes of transmission known or developed in the future. In addition, when the User sends comments or criticisms to the website, he/she also grants KUKUL METAL DESIGN the right to use the name that the User sends, within the framework of said review, comment, or any other content. Therefore, the User expressly waives in this act to carry out any action, demand or claim against KUKUL METAL DESIGN, 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/herself sends to the website www.kukul.mx.
In the event that the User considers that any content published on the Website violates intellectual or industrial property rights, the User may make a notification by contacting the KUKUL METAL DESIGN Customer Service Center. The User must indicate: i) true personal data (name, address, telephone number and email address of the claimant); ii) a 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 the intellectual property rights allegedly infringed, as well as the location of said violations on the website referred to; iv) express and clear declaration that the introduction of the indicated content(s) has been carried out without the consent of the owner of the intellectual property rights allegedly infringed; v) express, clear declaration 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 User of the Website and do not imply that KUKUL METAL DESIGN has endorsed the content of such third party websites. KUKUL METAL DESIGN 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 websites. If the User decides to access third party websites through these links, he or she does so at his or her own risk.
ADVERTISING MATERIAL
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 the Advertising Material submitted for inclusion on the Website complies with the relevant laws and regulatory codes. KUKUL METAL DESIGN is not responsible for any errors or inaccuracies in advertising materials. Likewise, the User hereby acknowledges and accepts that said Advertising Material is protected by the laws that apply to intellectual and industrial property.
WARRANTY OF PURCHASED PRODUCTS
KUKUL METAL DESIGN acts as a distributor of manufacturers or wholesale distributors that guarantee that the products sold on the website www.kukul.mx function correctly and do not present defects or hidden flaws that may make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, the use of the products by each User is his/her exclusive responsibility, without any liability on the part of KUKUL METAL DESIGN. The duration of the contractual guarantee is clearly detailed on the product page of each item and is issued and guaranteed by the manufacturer or supplier of each product. No User may request a longer guarantee than that indicated therein. In such cases, KUKUL METAL DESIGN shall not be obliged to respond to said guarantees, nor to collect the damaged product(s). The guarantee shall lose its validity in the event of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear and tear, 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 KUKUL METAL DESIGN are excluded from the guarantee. The guarantee shall not be applicable to apparent defects and defects of conformity of the product, for which any claim must be made by the User in question within 7 (s) calendar days following delivery of the products.
PRODUCT INFORMATION
The information given about each product, as well as the photographs or videos related to them and the trade names, brands or distinctive signs of any kind contained on the KUKUL METAL DESIGN Site, are displayed for guidance purposes only. KUKUL METAL DESIGN is not responsible for any error or inaccuracy in the product information.
CREDITS AND PROMOTIONS
KUKUL METAL DESIGN will inform Users subscribed to the newsletter, by e-mail, of all future promotions and opportunities, with the respective dates and conditions. The promotions will have specific terms and conditions, and Users interested in participating will be responsible for reading and understanding these terms and conditions. Credits generated by KUKUL METAL DESIGN promotional actions (coupons, etc.) may be exchanged exclusively for physical products sold on the Website www.kukul.mx. Credits may not be exchanged for other credits.
PURCHASE OF PRODUCTS
In order to purchase products, the User must pay for the selected products, taxes and corresponding shipping costs through the payment service providers that KUKUL METAL DESIGN 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 Mexican States. Once the purchase has been made by the User, through implicit acceptance of the Terms and Conditions of Use, KUKUL METAL DESIGN will send an email to the User informing them of the details of the purchase made. KUKUL METAL DESIGN may, at its sole discretion, refuse to process the order, or not be able to proceed with said processing, in the following cases, without any limitation:
-When the product requested by you is not available;
-When the entity that sells your credit or debit card does not authorize payment of the purchase price;
-When you do not meet the criteria for placing orders specified at the beginning of this section.
PAYMENT
Payment for products purchased on the Site may be made using any of the payment methods offered by the Site, including, among others: credit card, debit card, payment at OXXO and bank deposit. 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 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 the event of any problem with your order, the User will be notified by email or telephone. KUKUL METAL DESIGN will send the purchase confirmation via email. Only after payment confirmation will the products be released for delivery to the delivery address indicated by the User. KUKUL METAL DESIGN reserves the right to request official documents from its customers as a means of validating the process of acquiring products through the Site.
In the event of the corresponding Banking Institution's ignorance of the charges made by the User through credit card and derived from operations carried out on the Site, KUKUL METAL DESIGN reserves the right to initiate the corresponding 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 charging the credit card of said User again to the definitive cancellation of the User on the Site, for which no prior authorization from the User will be required.
All card transactions will be processed through Conekta and PayPal.
ORDER ACCEPTANCE AND PRICES
The prices do not include the costs corresponding to the shipment of the products, which will be detailed separately in each order and must be accepted and paid, prior to 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 this regard, KUKUL METAL DESIGN reserves the right to deny or cancel any order for any reason, at any time. In addition, it should be noted that the User may be asked for additional information, even before accepting the order. KUKUL METAL DESIGN 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 correctly displayed 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, KUKUL METAL DESIGN may, at its discretion, contact the User for instructions or cancel the order and notify the User of such cancellation. It should be noted that KUKUL METAL DESIGN 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 listed at $0.00 or $0.01, please contact KUKUL METAL DESIGN's customer service center. Under no circumstances will these be deemed to be priceless or given away, and orders placed under this situation will be cancelled without prior notice.
PRODUCT AVAILABILITY
All products offered on the Site are subject to stock and availability, so delivery time may vary upon prior notice from us, or even the order may be cancelled and the User's charges may be refunded. If the delivery time offered is not entirely satisfactory to the User, the order may be cancelled.
USER RESPONSIBILITY FOR TRANSACTIONS
The User assumes responsibility for all costs, fees, taxes and claims arising from the use of this Website. The access data communicated to the User for his/her profile have been designed exclusively for personal use, and must be treated confidentially. The User must change his/her 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 liable without limitation 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 data requested on the Website. The User Account is personal, unique and non-transferable. Through the User Account, the User will be able to access his/her purchase history and orders made, check the status of his/her orders, access his/her shopping cart, have access to promotions and discounts that KUKUL METAL DESIGN may inform from time to time. The User may only have one User Account. In the event that KUKUL METAL DESIGN detects different Accounts that contain 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 his/her User Account. The sale, assignment, transfer or transmission of the User Account under any title, whether onerous or free of charge, is prohibited.
KUKUL METAL DESIGN reserves the right to reject the registration of a User Account if it considers that the User has not complied with these Terms and Conditions, without the Company being obliged to communicate or explain the reasons for its decision and without generating any right to compensation or reimbursement in favor of the User.
RESPONSIBILITY
The User hereby agrees to indemnify and hold harmless KUKUL METAL DESIGN and its subsidiaries, parent company, shareholders, directors, employees, officers, counselors and agents from and against any actions, proceedings, liabilities, demands, claims, losses, liabilities, damages, costs, damages, expenses and costs, as well as the expenses, costs and fees of attorneys and external advisors that arise from or are related to the violation by the User of: (i) these Terms and Conditions, and/or (ii) any laws, rules, decrees or regulations in force.
KUKUL METAL DESIGN 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 any breach by the User. The User agrees to cooperate with KUKUL METAL DESIGN in developing the relevant defenses.
MODIFICATIONS TO THE WEBSITE www.kukul.mx
KUKUL METAL DESIGN may at any time and when it deems appropriate, without notifying 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 implying recognition of any liability in favor of the User.
VALIDITY, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE
The Company, as well as the User, recognize that the Terms and Conditions are of unlimited validity, and will enter into force upon their publication on the Site. KUKUL METAL DESIGN reserves the right to make changes to this document without prior notice. For the above reasons, KUKUL METAL DESIGN recommends that the User reread this document regularly, so that he or she is always kept informed of possible changes. Changes to the contract will become effective immediately after their publication on the Site. Once the modifications have been made, it will be presumed that the User who continues to use the Site will have full knowledge of, read and agreed to the amended Terms and Conditions. If the User does not accept the modified terms and conditions, he/she must stop using the Website. KUKUL METAL DESIGN 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 KUKUL METAL DESIGN must compensate the User.
SUBSISTENCE
These Terms and Conditions of Use, as well as the additional terms, constitute the entire agreement between the parties, and replace any other agreement or contract previously entered into.
Any clause or provision of this contract, as well as the additional terms, legally declared invalid, will be eliminated or modified at the discretion of KUKUL METAL DESIGN, in order to correct its defect or flaw. However, the rest of the clauses or provisions will maintain their force, binding force and validity.
ADDITIONAL TERMS
Occasionally, KUKUL METAL DESIGN may review, update and/or add to the Terms and Conditions of Use of this contract additional provisions relating to specific areas or new services provided on or through the Website www.kukul.mx, which will be published in the specific areas or new services of said site for reading and acceptance. The User acknowledges and accepts that said 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 legislation in force in Mexico, waiving the application of the Convention on the International Sale of Goods.
INDEMNIFICATION
The User agrees to indemnify KUKUL METAL DESIGN, its affiliates, suppliers, vendors and advisors for any action, claim or demand (including attorneys' fees and court costs) arising from any breach by the User of this agreement; including, without limitation, any of those arising from: Any aspect related to the use of the website www.kukul.mx. The information contained or available on or through said Site or from insults, defamation or any other conduct in violation of this contract by the User in the use of the indicated Website. The violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available on, or through said Website.
OTHER
If any provision set forth in these Terms and Conditions is illegal, void or unenforceable in any jurisdiction, it shall not affect: (i) the legality, validity or enforceability in such jurisdiction of any other provision of this agreement; or (ii) the legality, validity or enforceability in any other jurisdiction of such or any other provision of this agreement. KUKUL METAL DESIGN may not exercise any of the rights and powers conferred in this document, which shall not in any case imply the waiver thereof, except for express recognition by KUKUL METAL DESIGN, or prescription of the action corresponding to each case. The headings of the clauses are incorporated herein only for convenience and for better handling, so they shall in no way be considered for purposes of its interpretation, nor shall 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 published or communicated from time to time by KUKUL METAL DESIGN through the Website, constitute the entire agreement between the User and KUKUL METAL DESIGN in relation to the Services offered by KUKUL METAL DESIGN through the Website.
How to contact us:
Mail: kukulmetaldesign@gmail.com