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1. OBJECTIVES AND SCOPE
1.1. The object of the conditions: These terms and conditions (hereinafter TERMS AND CONDITIONS) regulate the access, use of the contents, information, services, and technology that make up the website internet page (hereinafter SITE) that SOL BEAUTY AND CARE, S. DE R.L. and its affiliated or subsidiary companies (hereinafter SOL BEAUTY AND CARE), makes available to Internet users and potential consumers (hereinafter USER).
1.2. Use Authorization: SOL BEAUTY AND CARE hereby grants you permission to access and use the SITE, in accordance with these TERMS AND CONDITIONS, if you comply with the obligations that as a USER are established in clause 9 of these TERMS AND CONDITIONS.
1.3. Registration option: Access to the SITE is free and does not require the prior subscription or registration of the USER, except in cases where, due to the nature of the service or the personal data handled, restricted access is required.
1.4. Purpose of the SITE: The purpose of the SITE is to offer shapewear and clothing accessories for sale and allow the USER to make purchases online (e-commerce), so that any online purchase implies acceptance of our conditions of sale in accordance with the applicable legislation on trade and protection of consumer rights.
1.5. SOL BEAUTY AND CARE reserves the right to deny or withdraw access to the SITE, at any time and without prior notice, to the USER who breaches these TERMS AND CONDITIONS.
1.6. SOL BEAUTY AND CARE offers and controls the SITE through its facilities and servers. SOL BEAUTY AND CARE makes no representation that the SITE is appropriate or available for use in any location. Those who access the SITE from any location do so at their own discretion and are responsible for compliance with local laws.
1.7. These TERMS AND CONDITIONS have an indefinite duration. However, SOL BEAUTY AND CARE reserves the right to terminate or suspend the SITE and the services offered through it, at any time and for any reason.
2.1. The use of the SITE attributes the condition of USER of the SITE, to those who browse it, with which they expressly and fully accept, without any reservation, each and every one of the rights and obligations established in these TERMS AND CONDITIONS.
2.2. The USER must carefully read these TERMS AND CONDITIONS each time they have the purpose of accessing the SITE, since they may change at any time and without prior notice; Therefore, if you are not satisfied with the content of the clauses, you must leave the SITE and suspend the use of any service provided by it immediately.
2.3. Similarly, the use of the SITE is subject to each and every one of the notices, rules of use, instructions and other provisions that are made known on the SITE or derive from applicable legal provisions in force in the USER 's location.
3. SERVICE PROVISION
3.1. The services offered by SOL BEAUTY AND CARE to the USER consist of the sale (hereinafter "SERVICE") in official establishments and sales online of shapewear and clothing accessories (hereinafter "PRODUCTS") in accordance with the CATALOG that the USER can find on the SITE and in accordance with the conditions offered for the PRODUCTS.
3.2. CATALOG means the set of PRODUCTS offered for sale by SOL BEAUTY AND CARE,
3.3. SOL BEAUTY AND CARE will inform the USER through the SITE of the addresses of each establishment where they can go personally to make direct purchases or the telephone numbers they can call to follow up on their order.
3.4. The USER can at any given time identify through the SITE the establishment closest to his home to make the direct purchase of the PRODUCTS offered by SOL BEAUTY AND CARE.
3.5. The purchases of PRODUCTS by the USER through the SITE fully oblige the USER and SOL BEAUTY AND CARE to comply with the obligations contracted, such as the delivery of the requested product in the requested conditions and the timely and exact payment of the amounts indicated in the SITE for each product.
3.6. THE USER agrees that he can only place orders if his address is in areas not identified as difficult to access or high risk.
3.7. The USER agrees that the delivery of PRODUCTS purchased online through the SITE may take no more than 11 business days for issues related to the location of the shipping address of the PRODUCTS and the availability and delivery time of the parcel carriers used for such shipments.
3.8. The USER agrees that the service may be suspended in fortuitous cases or force majeure, including but not limited to earthquakes, floods, epidemics, armed conflicts, social conflicts and, in general, any human or natural event that prevents the shipment and delivery of the PRODUCTS.
3.9. The USER accepts that SOL BEAUTY AND CARE may charge additional charges for shipping PRODUCTS due to distance issues and fees that increase the cost of shipping. These charges will be indicated to the USER prior to making their purchase.
3.10. The prices of the PRODUCTS are those that are expressly announced in the CATALOG, which may be updated and corrected from time to time by SOL BEAUTY AND CARE, so the USER must review them each time they wish to purchase any of the PRODUCTS.
3.11. The accepted payment methods are specified on the SITE, which may be changed from time to time by SOL BEAUTY AND CARE, so the USER must review them each time they wish to purchase any of the PRODUCTS.
3.12. When purchasing PRODUCTS online through the SITE, in accordance with the requirements of SOL BEAUTY AND CARE, it will make at least one online payment gateway available to the USER. SOL BEAUTY AND CARE guarantees that the data provided by the USER will be treated with security and confidentiality, since it has secure servers under the SSL protocol (SECURE SOCKET LAYER), in such a way that all the information sent is transmitted encrypted to ensure its protection.
3.13. The USER 's order begins to be prepared immediately, the online request is sent through the SITE, so if the user wishes to cancel an order, he must do so in accordance with the purchase policies that can be found on the SITE and wait for confirmation from SOL BEAUTY AND CARE to proceed to cancel the shipment and make an online credit or an exchange according to the procedures indicated by SOL BEAUTY AND CARE.
3.14. The USER accepts that if the order has already been sent, it cannot be canceled and the payment cannot be returned, so in these cases SOL BEAUTY AND CARE will not be responsible to the USER, and the obligation to deliver the PRODUCTS will remain. at the USER's address and the USER 's payment obligation.
4. USER REGISTRATION
4.1. Access to some of the functions or the availability of some services provided by SOL BEAUTY AND CARE through the SITE may vary depending on the USER, since some services provided on the SITE will only be available to registered USERS.
4.2. To access some functions of the SITE, the USER must create an account (hereinafter PERSONAL ACCOUNT), by completing the registration form on the SITE. This form requires certain data and personal information from the USER, which may include, among others, your name, age, gender, email address, physical address (address), telephone number, topics of interest, bank account number, password exclusive personal and other personal data that serve to identify a person (hereinafter PERSONAL DATA).
4.3. When creating your account, the USER must provide accurate and complete information.
4.4. The USER is solely responsible for the activity carried out with his PERSONAL ACCOUNT.
4.5. The USER must take reasonable measures to preserve the confidentiality of the password and to restrict access to his PERSONAL ACCOUNT and accepts responsibility for all activities carried out in his account or with his password by third parties.
4.6. The USER must immediately notify SOL BEAUTY AND CARE of any breach of security or unauthorized use of his PERSONAL ACCOUNT.
4.7. The USER must not use the PERSONAL ACCOUNT of any other person without permission under any circumstances.
4.8. SOL BEAUTY AND CARE will not assume any responsibility for the losses caused by the unauthorized use of the PERSONAL ACCOUNT, but it is possible that the USER is responsible for the losses caused to SOL BEAUTY AND CARE, or other people due to said unauthorized use.
4.9. In the event that the USER wishes to unsubscribe or cancel his PERSONAL ACCOUNT he must follow the instructions established on the SITE for this purpose.
5. MINIMUM AGE OF THE USER
5.1. SOL BEAUTY AND CARE sells products through the SITE to people of legal age, who can legally contract and be bound in accordance with the applicable legislation and, therefore, make the purchase with debit or credit cards or other legally recognized means of payment.
5.2. If the USER is less than 18 years old, but more than 13, he can browse the SITE, but he will not be able to register an account, buy products, or participate in any offer or promotion. If the USER is under 13 years of age, he must not use the SITE
5.3. SOL BEAUTY AND CARE reserves the right to deny service, cancel an account, or remove or edit content, or cancel orders at its sole discretion if it detects that the USER is a minor.
5.4. If the USER wishes to register, they will state under oath that they are over 18 years of age or an emancipated minor or have the legal consent of their parents or guardians, and that they have full capacity to accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TERMS AND CONDITIONS.
5.5. It is a provision of our policy that visitors to our site under the age of 18 may not submit information to us without the consent of their parents or legal guardians. You should monitor your children's online activities and consider using content monitoring tools available from online services and software providers that help provide a child-friendly Internet environment.
6. INFORMATION GATHERING
6.1. When the USER visits the SITE, certain anonymous information about the USER is automatically recorded. This information may include the browser you use, the name of the server and the IP address through which you access the Internet, the date and time you access the SITE, the time you spend on the SITE, the pages you visit while on the SITE, the Internet address of the SITE, if you have one, from which you directly access the SITE, areas of the SITE that you visit, type of operations, content that you view, download or send, services that you frequent, amount of operations, payment, geographical location, as well as nature, quantity, price of the goods or services that you acquire (hereinafter DATA). This information is not personal.
6.2. At the time that the USER provides any information that constitutes PERSONAL DATA it will be understood that he is authorizing SOL BEAUTY AND CARE to use said information in accordance with the PRIVACY NOTICE of SOL BEAUTY AND CARE. The information will be used for the sole and exclusive purpose for which it was requested and provided, or to measure the use of our site and improve its content.
6.3. SOL BEAUTY AND CARE may use the DATA and PERSONAL DATA collected through the SITE primarily for purposes such as helping to establish and verify the identity of users; open, maintain, manage and service user accounts or memberships; process, service or execute operations and send related communications; provide services and help to users; improve the SITE, including its adaptation to user preferences; provide users with product or service updates, notifications of promotions and offers, and any other information about SOL BEAUTY AND CARE and its affiliates; respond to USER questions, comments and instructions, maintain the security and integrity of its systems, improve the USER experience and, in general, any use that improves the way information is displayed on the SITE and the way in which the USER interacts with the SITE.
6.4. SOL BEAUTY AND CARE may also use anonymous aggregate DATA that does not constitute PERSONAL DATA to provide information about its SITE to potential business partners and other unaffiliated entities.
6.6. SOL BEAUTY AND CARE server can send to the USER 's computer, which will then be stored by your browser on your computer's hard drive. Cookies allow SOL BEAUTY AND CARE to recognize the USER 's computer while browsing the SITE and to personalize the USER 's online experience to suit their needs. Cookies are also useful to allow a more efficient login for the USER, follow the history of operations and retain information between sessions. The information collected by cookies may also be used to improve the functionality of the SITE. Cookies are only associated with an anonymous USER and their computer, so they do not provide references that allow the USER 's name and surname to be deduced. SOL BEAUTY AND CARE cookies cannot read data from the USER 's hard drive or read cookie files created by other providers. The use of cookie technology allows SOL BEAUTY AND CARE to recognize registered USERS after they have registered for the first time, without having to register each time they visit to access the areas and services reserved exclusively for them.
6.7. The USER has the possibility of configuring his browser to be notified on the screen of the reception of cookies and to prevent their installation on his hard drive. Most browsers have features that can notify the USER when receiving a cookie or prevent cookies from being sent to the USER. These cookies can be disabled. However, if the USER deactivates cookies, he will not be able to use some of the personalized functions of the SITE.
6.8. Sometimes the DATA or PERSONAL DATA may be shared with a third party in order to fulfill the specific purpose for which said information was requested. If the case arises, the third-party recipient of the information is obliged not to disclose and/or use the information received for purposes other than those that caused the receipt of the information.
6.9. The USER may choose to communicate with SOL BEAUTY AND CARE by email, through the contact section of the SITE, by telephone, in writing or by any other means. SOL BEAUTY AND CARE collects certain information that is included in these communications, which may include PERSONAL DATA.
7. INTELLECTUAL PROPERTY
7.1. The SITE contains Intellectual Property rights, including, but not limited to, trademarks, commercial notices, literary works, artistic works, characters, texts, designs, denominations, images, words, portraits of people, signs and/or figures that are are protected by law and/or by a registry (hereinafter “INTELLECTUAL PROPERTY”).
7.2. In most cases, INTELLECTUAL PROPERTY is registered with various authorities that protect these rights in the countries where SOL BEAUTY AND CARE has interests in controlling the use of its exclusive rights. Said INTELLECTUAL PROPERTY may be owned by SOL BEAUTY AND CARE or be owned by a third party that granted SOL BEAUTY AND CARE the respective licenses or authorizations for use.
7.3. Any unauthorized use by a third party other than SOL BEAUTY AND CARE and/or the owner who granted the use license will represent an invasion of the Intellectual Property rights of SOL BEAUTY AND CARE and/or its licensor.
7.4. SOL BEAUTY AND CARE does not grant any license or authorization on its INTELLECTUAL PROPERTY rights, or on any other property or right related to the SITE or the contents.
7.5. The INTELLECTUAL PROPERTY rights over programs, databases, networks, and files that allow the USER to access and use the SITE, are owned by SOL BEAUTY AND CARE, and are protected by international copyright and industrial property laws and treaties. The improper use, total or partial reproduction, transformation, public communication and distribution of their content is prohibited, and such actions are subject to administrative, civil and criminal sanctions, and will be subject to all relevant legal actions.
7.6. SOL BEAUTY AND CARE is open to receiving comments from the USER, however, SOL BEAUTY AND CARE does not seek, nor can it accept unsolicited ideas, suggestions or materials related to design, new promotions, products, business schemes, advertising promotion mechanisms, among others. With the foregoing, SOL BEAUTY AND CARE hopes to avoid any misunderstanding about INTELLECTUAL PROPERTY rights with the USER and other members of the public who send comments or ideas regarding, among others, the products and/or promotions that SOL BEAUTY AND CARE develops. Said sending includes communication through our email accounts or through official social networks. Therefore, SOL BEAUTY AND CARE asks the USER not to transmit any idea, information or graphic elements to the site or through it that the USER considers confidential or proprietary. Any material that the USER sends and that SOL BEAUTY AND CARE receives through the SITE or through any other means of communication between the USER and SOL BEAUTY AND CARE will be considered non-confidential and in the public domain.
8. SOCIAL MEDIA
8.1. The USER agrees to submit to the following guidelines for the use of SOL BEAUTY AND CARE social networks (hereinafter "NETWORKS"), including but not limited to Facebook, Instagram, Twitter, YouTube and any other that may be developed in the future.
8.2. The USER may freely participate in the SOL BEAUTY AND CARE NETWORKS, as long as they do so in a respectful manner, without violating morality and/or good customs, nor violating public order regulations, nor affecting or invading the rights of third parties, Therefore, you must refrain from publishing content of an abusive, defamatory, obscene, fraudulent, misleading, racist nature, refrain from sending spam, publishing pornographic content, content for commercial or advertising purposes of third parties, content that affects the image or privacy of a third, comments that affect the reputation or prestige of SOL BEAUTY AND CARE or of competitors or other people or companies.
8.3. Any abuse will be reported to the administrators of the NETWORKS and access to these pages will be restricted to those users who repeatedly carry out any of the actions stipulated below.
8.4. We ask our visitors and fans to refrain from posting offensive content.
9. USER OBLIGATIONS
9.1. The USER acknowledges that SOL BEAUTY AND CARE has been the developer of the content of the SITE , including structure, sequence and organization, source code and graphical user interface (look and feel), trademarks and other distinctive signs, for which it is known of the USER that such concept is protected by intellectual property laws, by international copyright and industrial property treaties, so that any reproduction, modification, alteration, use or any other use that is given to said information and/or concept, is prohibited, and the USER or any person who has access to the aforementioned information, undertakes to indemnify SOL BEAUTY AND CARE with respect to any violation of the provisions of this paragraph, either in Mexico or abroad.
9.2. The USER undertakes not to use or launch any automatic system, such as robots, spiders, offline readers, (readers without connection) and in general any malicious code, which accesses the SITE for purposes harmful to SOL BEAUTY AND CARE or for third parties, including sending SPAM.
9.3. As an exception, SOL BEAUTY AND CARE grants operators of public search engines permission to use spiders to copy materials from the Site solely for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SOL BEAUTY AND CARE reserves the right to revoke said exceptions either in general or in specific cases.
9.4. The USER agrees not to collect or store any personal identification information of other USERS, including names and passwords, or use the communication systems provided by the SITE for commercial purposes.
9.5. The USER undertakes to use the SITE in accordance with these TERMS AND CONDITIONS, for which he must refrain from violating the law, morals and good customs, and in no case may he use the SITE for illicit purposes or effects, harmful to the rights and interests of third parties or that in any way may damage, disable, overload or deteriorate the SITE .
9.6. The USER undertakes not to use devices, software, or any other means tending to interfere or modify, both in the activities and/or operations of the SITE, as well as in the databases and/or information contained therein or to disable technological protection measures.
9.7. The USER agrees that any interference, attempt or activity that violates or is contrary to the laws on copyright, industrial property and/or the prohibitions stipulated herein, will make him responsible for all damages caused in this regard, for which SOL BEAUTY AND CARE will have the right to exercise the pertinent legal actions against you.
9.8. The USER agrees that security violations of computer systems and/or networks are prohibited and may constitute crimes or incur civil liability.
9.9. The USER agrees to defend, indemnify and hold harmless SOL BEAUTY AND CARE and its parent companies, affiliates, executives, directors, employees and agents, even after the expiration of these TERMS AND CONDITIONS, regarding any claim, damage, obligation, loss, liability, cost or debt, and expense (including, for example, attorneys' fees) arising from: (i) a violation by the USER of any term of these TERMS AND CONDITIONS; (ii) a violation by the USER of a third-party right, such as copyright, industrial property, property or privacy; or (iii) any claim by any third party regarding information sent by the USER that is considered offensive, defamatory, discriminatory, racist, obscene or otherwise objectionable, and that causes damage to a third party.
10. SOL BEAUTY AND CARE EXCLUDING LIABILITY
10.1. SOL BEAUTY AND CARE, and its executives, directors, employees or agents, will not be liable to the USER, under any circumstances, for any direct, indirect, incidental, special, punitive, mediate, damage or loss, arising from:
(i) errors, omissions or inaccuracies of content on the SITE,
(ii) personal injury or material damage, arising from the access and use of the SITE,
(iii) any unauthorized access or use of SOL BEAUTY AND CARE 's secure servers and/or any personal and/or financial information stored therein,
(iv) failures in the systems of SOL BEAUTY AND CARE, in its server, or on the Internet, including lack of availability or continuity of the operation of the SITE and failures in access to the different web pages of the SITE, as well as to the failures in the transmission, diffusion, storage or making available to third parties of the contents or in the reception, obtaining or access to the contents, or in the execution of any of the services provided for in these general conditions,
(v) errors, viruses, Trojans, and any malicious code that may be transmitted to the SITE or through it that may cause alterations in the USER 's computer system,
(vi) the infringement of intellectual and industrial property rights, of industrial secrets, of contractual commitments of any kind, of the rights to honor, to personal and family privacy and to the image of people, of property rights and of any other nature belonging to a third party,
(vii) carrying out acts of unfair competition and illicit advertising,
(viii) the lack of usefulness that the USER may have attributed to the SITE, including the lack of usefulness of any information contained in the SITE, since the information provided is for informational purposes only
(ix) sending of information by the USER and,
(x) the defamatory, offensive or illegal conduct of the USER or a third party.
10.2. SOL BEAUTY AND CARE maintains physical, electronic and procedural safeguards to contribute to the protection of DATA or PERSONAL DATA on the SITE, however, any email or other transmission of PERSONAL DATA that the USER sends over the Internet may not be protected against unauthorized interception.
10.3. However, the PRIVACY NOTICE, SOL BEAUTY AND CARE does not assume any responsibility for damages of any nature that may be caused by the knowledge that unauthorized third parties may have of the class, conditions, characteristics and circumstances of the use that the USERS make of the SITE.
10.4. SOL BEAUTY AND CARE does not assume any responsibility for damages of any nature that may be caused by the lack of veracity, accuracy, completeness and timeliness of the Content provided on the SITE based on information provided by third-party providers or supplied directly by third-party providers or by other USERS or any other content provided through the SITE.
10.5. SOL BEAUTY AND CARE does not assume any responsibility for damages of any nature that could be due to not obtaining the expectations generated by the contents.
10.6. The SITE may contain links to any other website, for which SOL BEAUTY AND CARE is not responsible for the content, availability or security and privacy practices of other Websites. The user enters the links at his own risk. Any link between sites, whether through links, frames or in any other way, that is not expressly authorized by SOL BEAUTY AND CARE will be prohibited, so SOL BEAUTY AND CARE reserves the right to deactivate of the SITE any unauthorized link or frame.
11. NOTICE OF PRIVACY
11.1. The USER undertakes to read SOL BEAUTY AND CARE's PRIVACY NOTICE every time he accesses this SITE and before providing any information.
11.2. The SITE will not collect PERSONAL DATA unless the USER provides it and it will be protected in terms of the PRIVACY NOTICE.
12.1. In case of any controversy related to the SITE, the USER expressly agrees to submit to the applicable laws of the United Mexican States (Mexico), and the USER expressly agrees to submit to the jurisdiction of the courts located in the city of Tijuana, Baja California.
13. MODIFICATION OF THE TERMS AND CONDITIONS
13.1. SOL BEAUTY AND CARE reserves the right to unilaterally modify, at any time and without prior notice, the purpose of the SITE, its presentation and configuration, these TERMS AND CONDITIONS or any other content accessible through the SITE.
13.2. SOL BEAUTY AND CARE reserves the right to modify these TERMS AND CONDITIONS from time to time, with or without prior notice, at its sole and absolute discretion.
13.3. The most recent version of the TERMS AND CONDITIONS can be consulted by clicking on the hyperlink "Terms and Conditions" of the SITE, which is located at the bottom of the pages of the Website.
13.4. The most recent version of the TERMS AND CONDITIONS supersedes all previous versions.
13.5. Your use of the SITE after the modifications have been made implies that you agree to be bound by said modifications.
SOL BEAUTY AND CARE ®
SOL BEAUTY AND CARE, S. DE R.L. DE C.V.
Customer Service Number (619) 735 7575