TERMS AND CONDITIONS OF USE AND PURCHASE WWW.UNIVOX.COM/MX/
1. INTRODUCTION. This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this website (www.univox.com/mx/) and the rental of properties ("Terms"). Please read these Terms, our Cookie Policy and our Privacy Policy (collectively, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy Policy and, if you do not agree to all of the Terms and the Privacy Policy, you should not use this website. These Terms may change from time to time. It is your responsibility to read them periodically, since the conditions in force at the time of conclusion of each Contract (as defined below) or, failing this, at the time of use of the website will be those applicable to you. If you have any questions regarding the Terms or the Data Protection Policies you may contact us (as defined below) through our contact methods described on this website. The Agreement (as defined below) may be concluded, at your option, in any of the languages in which the Terms are available on this website.
2. OUR DATA. The rental of UNIVOX properties through this web page is carried out under the commercial denomination Univox Experiences of the company UNIVOX S.A. DE C.V., a Mexican company with address at Calzada del Valle, Colonia Del Valle, number 400, interior 1201 in the municipality of San Pedro Garza García, Nuevo León, C.P. 66220.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE. The information or personal data you provide about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of such information and data and declare that all information or data you provide us are truthful and correspond to reality.
4. USE OF OUR WEBSITE. By using this website and placing orders through it you agree to: i. Use this website only to make legally valid inquiries or orders. ii. Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed we will be entitled to cancel it and inform the relevant authorities. iii. To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use such information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to fulfill your order. By placing an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE. The real estate rentals offered through this web page are only available within the Mexican Republic, except for those areas or zones that due to the difficulty of access, communications or similar considerations justify that such offer is not available.
6. AVAILABILITY OF PRODUCTS. All rentals are subject to availability. If for reasons of force majeure, or if difficulties arise regarding the cancellation of the reservation due to weather or beyond our control, we reserve the right to provide information about when the new date could be restored, as we are subject to availability so that you could collect the credit note of the new date to be available.
7. REFUSAL TO PROCESS A RESERVATION. We reserve the right to withdraw any available date from this website at any time and to remove or modify any material or content of this website. Although we will do our best to always process all booking requests, there may be exceptional circumstances that require us to refuse to process any order after we have sent the Order Confirmation, so we reserve the right to do so at any time.
8. DELIVERY. Without prejudice to the provisions of clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to give solution and new date within a period not exceeding 2 working days; and only as a mere exception the maximum period of 5 working days from the date of the Reservation Confirmation.
9. DELIVERY ON ANOTHER PLATFORM. In the case of having opted for the booking modality by other means than the WEB, such as WhatsApp or Social Networks.
10. TRANSFER OF RISK AND OWNERSHIP. The ownership and therefore the risks of the products shall be borne by you from the time of delivery.
11. PRICE AND PAYMENT. Prices on the website do NOT include VAT, but will be added to the total amount due as set out in our shipping section of this website. Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the reservations you wish to rent, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the data of your order. A detailed description of the purchase process is available on our website. You can use Visa, Mastercard, American Express, Affinity Card Banamex and PayPal as payment methods. To minimize the risk of unauthorized access, your credit card information will be encrypted. Once we receive your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged the moment your order leaves our warehouse. If your payment method is Paypal, your card will be charged at the time we confirm your order. By clicking "Authorize Payment" you are confirming that the credit card is yours. Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to enter into any contract with you.
12. VALUE ADDED TAX. Pursuant to the Value Added Tax Law, the alienation of goods in Mexico is considered a taxable activity for purposes of this tax. It is understood that a sale is carried out in Mexico when the good is in the country when it is shipped to the purchaser and when, not having shipped the good, the material delivery of the good by the seller is carried out in the country. Considering the above, the orders placed will be subject to the general value added tax rate, which is currently 16%.
13. RETURN POLICY. Content and Exercise of the Right. Returns are not accepted.
14. LIABILITY AND DISCLAIMER OF LIABILITY. Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased from our website shall be strictly limited to the purchase price of such product. Notwithstanding the foregoing, our liability is not excluded or limited in any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability. Without prejudice to the foregoing paragraph and to the extent legally permitted, and except as otherwise provided in these Terms, we will not accept any liability for the following losses, however arising: i. loss of income or sales: ii. loss of business; iii. loss of profits or loss of contracts; iv. loss of anticipated savings; v. loss of data; vi. damages; and vii. loss of management time or office hours. Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website. All product descriptions, information and materials contained in this website are provided "as is" and without express or implied warranties of merchantability or fitness for a particular purpose, except as provided by law. In this sense, if you contract as a consumer and user, we are obliged to deliver items that are in conformity with the Contract, responding to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in conformity with the Contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses for which products of the same type are normally intended and (iii) they present the usual quality and performance of a product of the same type that are reasonably expected. To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded vis-à-vis consumers and users. The products we sell, especially handicraft products, may often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and color, should not be considered defects or flaws. On the contrary, they should be expected and appreciated. We select only the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product. The provisions of this clause shall not affect your rights as a consumer and user, nor your right to withdraw from the Contract.
15. INTELLECTUAL PROPERTY. You acknowledge and agree that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the website belong at all times to us or to those who have licensed their use to us. You may use such material only as expressly authorized by us or our licensors.
The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, designs, logos, text and/or graphics, are the property of the RESPONSIBLE or, if applicable, has a license or express authorization from the authors. All the contents of the website are duly protected by the intellectual and industrial property regulations, as well as registered in the corresponding public registries.
This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
16. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS. You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging programs or material onto this website. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack and/or any other cyber attacks. Failure to comply with this clause could lead to the commission of offenses punishable by the applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorized to use this website. We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.
17. LINKS FROM OUR WEBSITE. In the event that our website contains links to other websites and materials from third parties, such links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we accept no liability whatsoever for any damage or loss arising from their use.
18. WRITTEN COMMUNICATIONS. Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by email or SMS or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.
19. NOTIFICATIONS. The notifications that you send us should preferably be sent through our contact channels on this website. Pursuant to the provisions of clause 18 above and unless otherwise stipulated, we may send communications either by e-mail or to the postal address provided by you when placing an order. Notices shall be deemed to have been received and properly made at the same time they are posted on our website, 24 hours after an email is sent, or three days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered at the post office or in a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the consumer.
20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS. The Agreement is binding on both you and us, as well as our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer an Agreement or any of your rights or obligations under it without our prior written consent.
21. EVENTS BEYOND OUR CONTROL. We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control ("Force Majeure Event"). Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control including, but not limited to, the following: i. Strikes, lockouts or other industrial action. ii. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. iii. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster. iv. Impossibility of the use of trains, ships, airplanes, motor transport or other means of transportation, public or private. v. Theft of merchandise. vi. Blockage of highways or other means of communication. vii. Impossibility of using public or private telecommunications systems. vii. Acts, decrees, legislation, regulations or restrictions of any government or public authority. viii. Strike, failure or accidents of maritime or fluvial transport, postal or any other type of transport. It shall be understood that our obligations under the Contracts shall be suspended during the period in which the Force Majeure Event continues, and we shall have an extension of time to fulfill such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract notwithstanding the Force Majeure Event.
22. WAIVER. Our failure to require your strict performance of any of your obligations under any Agreement or these Terms or our failure to exercise any rights or remedies to which we may be entitled under such Agreement or these Terms shall not constitute a waiver or limitation of such rights or remedies or relieve you from any such obligations. No waiver by us of any particular right or remedy shall constitute a waiver of any other rights or remedies under the Agreement or the Terms. No waiver by us of any of these Terms or any rights or remedies under the Agreement shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.
23. PARTIAL NULLITY. If any of these Conditions or any provision of a Contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.
24. COMPLETE AGREEMENT. These Conditions and any document expressly referred to herein constitute the entire agreement between you and Grupo Conektame S.A. DE C.V., and by such act we acknowledge that we have consented to the execution of the Agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the parties prior to such Agreement, except for what is expressly mentioned in these Conditions.
25. OUR RIGHT TO MODIFY THESE TERMS. We have the right to revise and modify these Terms at any time. You will be bound by the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental action to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders previously placed by you.
26. APPLICABLE LAW AND JURISDICTION. The use of our website and contracts for the purchase of products through this website shall be governed by Mexican law. Any dispute arising out of or in connection with the use of the website or such contracts shall be submitted to the jurisdiction of the courts and tribunals of Monterrey, Nuevo León, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles or for any other reason. If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
27. COMMENTS AND SUGGESTIONS. Your comments and suggestions are welcome. Please send us such comments and suggestions through our contact channels. Likewise, you can send your complaints and claims through the contact channels of this website, including our Chat where we will gladly assist you. For complaints and claims please make them through the contact channels of this page, including our Chat which will be attended by our customer service as soon as possible and in any case legally established. If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address admin@univox.com.mx in order to request an out-of-court settlement of disputes.
PRIVACY AND COOKIES
We take the protection of your data seriously. We process personal data and have therefore adopted this privacy policy which informs you of how your personal data is handled.
Envases is the controller of the data we collect about you, and we ensure that it is processed in accordance with the law.
DEFINITIONS:
Prospect: It is a holder of personal data who is interested in knowing our products and services to become a customer.
Law: Federal Law for the Protection of Personal Data in Possession of Private Parties and its Regulations.
I. IDENTITY AND ADDRESS OF THE PERSON IN CHARGE
UNIVOX S.A. DE C.V., a Mexican company domiciled at Calzada del Valle, Colonia Del Valle, number 400, interior 1201 in the municipality of San Pedro Garza García, Nuevo León, C.P. 66220.
II. PERSONAL DATA REQUIRED
The personal data obtained verbally, in writing, or through electronic means, in accordance with the purposes for which you give your consent, will be the following:
Identification and contact information.
III. PURPOSES OF THE PROCESSING OF PERSONAL DATA.
The personal data obtained will be used for the following purposes:
Primary Purposes: (a) To update your information in our database; (b) To address your questions, complaints, clarifications, claims and suggestions; (c) To comply with applicable regulations and requirements of the authorities based on Law for compliance with legal provisions and requirements of various authorities; (d) To retain your information for compliance with legal provisions and requirements of various authorities and/or regulatory entities; (e) To identify you and/or register you as a customer or user of our site; (f) To provide prospects who so request information about our products; (g) To verify your identity and information.
Secondary Purposes: Additionally, your personal information may be used for the following purposes: (a) To send you by various means our promotions, newsletters, news, thanks, congratulations, offers derived from the relationship with us; (b) To advertise in social networks, media and information, newspapers and magazines; (c) To offer any of our services and products. (d) Logical market purposes, commercial prospecting and statistical and historical purposes; (e) To elaborate product usage analysis, market segmentation, statistics, records and information analysis; and (f) Image use purposes in advertising and support media, corporate image, marketing, advertising campaigns, videos/photography and publications in any other media.
The holder of the personal data has the right to object to the use of his/her personal data for the purposes contained in paragraph B above. In the event that he/she wishes to exercise this
Refusal to use your personal data for Secondary Purposes will not be a reason for us to deny you our services.
IV. OPTIONS OR MEANS OFFERED BY THE CONTROLLER TO LIMIT THE USE OR DISCLOSURE OF PERSONAL DATA.
To limit the use or disclosure of your personal data, the holder must send an email to the following email address: admin@univox.com.mx, requesting the limitation of the use or disclosure in question, where you can request to be included in the internal exclusion lists of not to contact for promotional purposes and market logic. Likewise, you may register in the public registry to avoid advertising of the Federal Consumer Protection Agency (REPEP), by accessing the following link, http://repep.profeco.gob.mx/.
V. MEANS TO EXERCISE THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION OR OPPOSITION ("ARCH RIGHTS").
In accordance with the Law, the holder of the personal data has the right to Access ("Access") to the data held by the Controller and to the details of the processing thereof, as well as to Rectify them in case they are inaccurate or incomplete ("Rectification"); Cancel them under the terms of the Law ("Cancellation") or Oppose the processing thereof for specific purposes ("Opposition").
The owner of the personal data or his/her legal representative may exercise the rights described above by sending an e-mail to the following e-mail address: admin@univox.com.mx , indicating that he/she is requesting to exercise his/her ARCO rights. This request may be through a free writing considering the elements of Article 29 of the Law or the Privacy Office will send as a response the format for the exercise of ARCO rights.
For the request to exercise your ARCO rights, you should consider the following requirements:
- Official identification of the holder.
- Indicate the e-mail to communicate the response to your request.
- Clear and precise description of the personal data in respect of which you are seeking to exercise any of the aforementioned rights.
In case the right is exercised by a representative, an official identification and the document proving his representation must be provided.
In the event that the information provided in the request is insufficient or erroneous to meet the request, or if the necessary and indispensable documents are not provided, the Controller may request the necessary information and/or documentation to process the request in accordance with Article 96 of the Regulations. The holder will have 10 working days to respond to such request. The Data Controller will respond to your request within 20 (twenty) business days from the date of receipt of your request, this period may be extended once for an equal period in accordance with Article 32 of the Law. If the request is granted, it will be effective in a period of 15 business days.
In case of exercising the right of access, the means by which you may obtain the information or personal data requested will be in simple copies or electronic documents (which will be sent to the email indicated in your request). The Responsible, may deny access to personal data, or to make the rectification or cancellation or grant opposition to the processing thereof, in the cases established in Article 34 of the Law. The Controller shall not be obliged to cancel the personal data of the holder, under the assumptions established in article 26 of the Law.
To clarify doubts about the procedure and requirements for the exercise of ARCO rights, the person authorized to provide attention will be through the following contact xxxxxx.
VI. REVOCATION OF CONSENT
The Data Subject may revoke the consent he/she has given us for the processing of his/her personal data at any time, as established in article 8 of the Law, for which it will be necessary to send an email to xxxxx where he/she will be informed of the procedure to follow.
VII. TRANSFER OF PERSONAL DATA.
Transfers made by the Controller will be in terms of the provisions of Article 37 of the Law, and in compliance with Article 68 of the Regulations.
VIII. USE OF COOKIES.
This website may use technical cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the correct functioning and visualization of the site. The cookies used are, in any case, temporary, with the sole purpose of making navigation more efficient, and disappear at the end of the user's session. In no case do these cookies themselves provide personal data and will not be used to collect them.
Through the use of cookies it is also possible that the server where the website is located recognizes the browser used by the user in order to make navigation easier, allowing, for example, access by users who have previously registered to areas, services, promotions or competitions reserved exclusively for them without having to register each time they visit. They can also be used to measure the audience, traffic parameters, control the progress and number of entries, etc., being in these cases technically dispensable cookies, but beneficial to the user. This website will not install dispensable cookies without the user's prior consent.
The user has the possibility to configure his browser to be alerted of the reception of cookies and to prevent their installation on his computer. Please consult your browser's instructions for more information, as well as the website's Cookie Policy.
IX. NOTIFICATION OF CHANGES / UPDATES TO THE PRIVACY NOTICE.
This Privacy Notice may be modified and/or updated at any time by the Responsible Party, in order to comply with legislative or jurisprudential reforms, internal policies, or new requirements, the updated version being the one published on our website www.univox.com.mx, the one applicable at all times.
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