By entering and using this Internet portal, identified with the domain name www.vinospijoan.com, owned by Vinos Pijoan, the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares their acceptance using means for this purpose electronic, in terms of the provisions of article 1803 and other relative of the Federal Civil Code.
For the purposes of this contract, the parties agree that "User" will mean any person of any nature who enters the website www.vinospijoan.com and / or any of the subpages that display its content and / or the person of any nature that registers and / or uses any of the services offered through said page.
In case of not fully and completely accepting the Terms and Conditions of this contract, the User must refrain from accessing, using and observing the Website and / or any other service offered by Vinos Pijoan.
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.
Vinos Pijoan 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 expressed in these Terms and Conditions of Use, Vinos Pijoan may cancel its use, as well as exclude the User from future operations, and / or take the legal action that it deems appropriate for their interests.
The User and Vinos Pijoan agree that:
Users are advised that such rights are protected by current Mexican and international legislation regarding intellectual and industrial property and copyright.
The copying, reproduction, adaptation, modification, distribution, commercialization, license, shipment, 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 written authorization from Vinos Pijoan.
In the event that the User transmits to Vinos Pijoan any information, programs, applications, software or in general any material that requires to be licensed through the Website www.vinospijoan.com, the User hereby grants Vinos Pijoan a perpetual license , universal, free, non-exclusive, worldwide, and royalty-free, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display and perform them publicly.
What is established in the previous paragraph will also apply to any other information that the User sends or transmits to Vinos Pijoan, including, without limitation, questions, criticisms, comments and suggestions to renew or improve the Website, whether these have been included in any space of the indicated page or by virtue of other means or modes of transmission known or that will be developed in the future. In addition, when the User sends comments or criticisms to the web, they also grant Vinos Pijoan 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 Vinos Pijoan, 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.vinospijoan.com.
In case of considering that any content published on the Website is a violation of intellectual or industrial property rights, the User may make a notification by contacting the Vinos Pijoan Customer Service Center. The User will have to indicate: i) true personal data (name, address, telephone number and e-mail address of the claimant); ii) autograph signature with the personal data of the owner of the intellectual property rights; iii) precise and complete indication of the content (s) protected by the rights of
intellectual property allegedly infringed, as well as the location of said violations on the aforementioned website; iv) express and clear statement that the introduction of the content (s) indicated (s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; v) express, clear statement 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 only as an advantage of the Website for the User and do not imply that Vinos Pijoan has approved the content of said third-party websites. Vinos Pijoan is not responsible for the content of linked third-party websites and makes no representations regarding the content or the veracity of the material on such third-party sites. If the User decides to access third-party websites through these links, he does so at his own risk and responsibility.
The User acknowledges and accepts that some parts of the Website may contain information, images, advertisements and other advertising or promotional material of 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 relevant laws and regulatory codes. Vinos Pijoan is not responsible for any errors or inaccuracies in the advertising materials.
Likewise, the User acknowledges and accepts in this act that said Advertising Material is protected by applicable laws on intellectual and industrial property.
Vinos Pijoan acts as a distributor of manufacturers or wholesale distributors who guarantee that the products that are marketed on the website www.vinospijoan.com work correctly and do not present defects or hidden defects that may make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, the use that each User of the products is their sole responsibility, without any liability of Vinos Pijoan.
The duration of the contractual warranty 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 the one indicated there. In such cases, Vinos Pijoan will not be obliged to respond for said guarantees, nor will it collect the damaged product (s).
The warranty 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 supplier or manufacturer's instructions.
Products transported, modified or repaired by the User or any other person not authorized by Vinos Pijoan are excluded from the guarantee. The guarantee will not be applicable 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 on each product, as well as the photographs or videos related to them and the trade names, trademarks or distinctive signs of any kind contained in the Vinos Pijoan Site, are displayed exclusively for guidance purposes. Vinos Pijoan is not responsible for any errors or inaccuracies in product information.
Vinos Pijoan 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.
Vinos Pijoan coupons cannot be combined with other coupons from the same store.
The credits generated by the promotional actions of Vinos Pijoan (coupons, etc.) may be exchanged exclusively for physical products marketed on the Website www.vinospijoan.com. Credits cannot be exchanged for other credits.
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 Vinos Pijoan makes available to the User on the Website. The User may only buy 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 the implicit acceptance of the Terms and Conditions of Use, Vinos Pijoan will send an e-mail to the User informing the details of the purchase made.
The payment of the 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, etc. 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 that is assigned when carrying out the transaction on the Site does not imply acceptance of the transaction. In case of having any problem with his order, the User will be communicated by email or by telephone.
Vinos Pijoan 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.
Vinos Pijoan reserves the right to request official documents from its customers, as a means of validating the process of purchasing products through the Site.
In case of ignorance on the part of the Banking Institution corresponding to the charges made by the corresponding User through credit card and derived from operations carried out on the Site, Vinos Pijoan reserves the right to initiate the corresponding legal actions and file criminal or civil responsibilities as the case may be or of any other nature, as well as carrying out all those internal actions that may range from recharging the credit card of said User to the final removal of the User from the Site, to which will not need prior authorization from the User.
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 costs corresponding to the shipment of the products, which will be detailed separately in each order and must be accepted and paid, if applicable, except for exceptions, prior to shipment, directly and exclusively by the User.
Vinos Pijoan will provide the most accurate price information for Users, however, certain errors may still occur, such as cases in which 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, it is possible that at its discretion Vinos Pijoan will contact the User to request instructions or cancel the order and will notify him of such cancellation. It is worth mentioning that, Vinos Pijoan will have the right to cancel such orders, whether or not the order has been confirmed and paid.
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 the cancellation of the order and the refund of the User's charges may even proceed in case .
If the delivery time offered is not to the satisfaction of the User, the cancellation of the order can be requested.
Vinos Pijoan 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 Vinos Pijoan.
The delivery time starts from the confirmation of payment by the bank, or online payment platform. The products will be sent and delivered to the User by third parties (hereinafter "Transport Companies"). By virtue of the foregoing, the User agrees to submit to the delivery 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 logistical reasons and force majeure. In the hypothesis that due to any fortuitous event or force majeure that may delay the delivery of the products purchased on the Site, Vinos Pijoan 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 Vinos Pijoan, they must contact the Company.
The cost of the freight will be added to the value of the merchandise purchased, if applicable, and will be calculated and informed to the User before confirming the purchase.
Vinos Pijoan 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, they are asked not to receive the delivery from the Transport Company and to immediately contact Vinos Pijoan.
The User may cancel the purchase of Products made through the Website, as long as the Products purchased have not left the offices of Vinos Pijoan. In the event that the Products have already been shipped, the User may not cancel the purchase made. In the event of cancellation of the purchase made by the User, the amount paid by the User will be reimbursed in accordance with the "Refunds" section of these Terms and Conditions.
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 the freight paid by the User for the same.
Deadline for refunds in case of cancellation
In the event of cancellation of the purchase made by the User in accordance with the section "Cancellation of the purchase of the products" of these Terms and Conditions, Vinos Pijoan 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.
Deadline for refunds in case of return
Once the products returned by the User have been received, Vinos Pijoan will review the returned products.
In the event that the products received by Vinos Pijoan 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 the day on which Vinos Pijoan received the returned products.
The User assumes responsibility for all costs, fees, taxes and demands arising from the use of this Website. The access data communicated to the User for their profile have been designed exclusively for personal use, and must be treated with confidentiality. The User must change their passwords regularly. All transactions made through the profile account will be imputed to the owner 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 could be caused by gross negligence or illegal intention.
The User must send a billing request to the Company 24 hours from when the purchase was made. Invoice requests for purchases that do not fall within this period will not proceed.
When requesting the invoice, it will be necessary for the User to have on hand and provide the following tax requirements:
Vinos Pijoan may at any time and when it deems it convenient, 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 gives rise to or the right to any claim or compensation, nor does this imply recognition of any responsibility in favor of the User.
The Company, as well as the User, acknowledge that the Terms and Conditions are of unlimited validity, and will come into force as of their publication on the Site.
Vinos Pijoan reserves the right to make alterations to this document without the need for prior notice. Therefore, Vinos Pijoan recommends that the User regularly re-read this document, so that he or she is always informed about any changes. Alterations 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, will have 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.
Vinos Pijoan 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 Vinos Pijoan 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 supersede 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 option of Vinos Pijoan, in order to correct its defect or defect. However, the rest of the clauses or provisions will maintain their force, obligation and validity.
Occasionally, Vinos Pijoan may review, update and / or add to the Terms and Conditions of Use of this contract additional provisions related to specific areas or new services that are provided on or through the Website www.vinospijoan.com, which will be published in the specific areas or new services of said site for its reading and acceptance. The User acknowledges and accepts that said additional terms form an integral part of this contract for all legal purposes that may arise.
These Terms and Conditions of Use will be interpreted and governed by current legislation in Mexico, waiving the application of the Convention on the International Sale of Goods.
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. Vinos Pijoan may assign all or part of its rights and / or obligations under its charge to any third party, subsidiary or controller of Vinos Pijoan without prior authorization from the User. By virtue of said assignment, Vinos Pijoan will be released from any obligation in favor of the User, established in this contract.
Inactivity on the part of Vinos Pijoan, its affiliates or suppliers to exercise any right or action derived from this contract, shall at no time be interpreted as a waiver of said rights or actions.
The User agrees to indemnify Vinos Pijoan, its affiliates, suppliers, vendors and advisers for any action, demand or claim (including legal fees and legal costs) derived from any breach by the User to this agreement; including, without limitation, any of the derivatives of:
If any provision established in these Terms and Conditions is illegal, null or impossible to execute 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.
Vinos Pijoan may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them, unless expressly acknowledged by Vinos Pijoan, or prescription of the action that corresponds to each case.
The headings of the clauses are incorporated therein only for convenience and for better handling, 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 Vinos Pijoan through the Website, constitute the entire agreement between the User and Mercado de Vinos in relation to the Services offered by Vinos Pijoan through the Website.
