Acceptance of terms and conditions

By entering and using the website identified with the domain name https://vinosexclusivosmx.com, the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares its acceptance using electronic means for this purpose, in terms of those provided by article 1803 and other provisions of the Federal Civil Code.

For the purposes of this contract, the parties agree that "User" will be understood as any person of any nature who enters the website https://vinosexclusivosmx.com and/or any of the subpages that display its content and/or the person of any nature who registers and/or uses any of the services offered through said web pages.

If the User does not absolutely and completely accept 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 Exclusivos.

In the event that the User accesses, uses and observes the Site, it will be considered an absolute and express acceptance of the Terms and Conditions of Use stipulated here, 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 Exclusivos will not keep an individual 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 file.

In the event that the User violates what is expressed in these Terms and Conditions of Use, Vinos Exclusivos may cancel its 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 vinosexclusivos.com website

The User and Vinos Exclusivos agree that:

In order to access and use the services offered on the Website, the User must be at least 18 years of age.

Vinos Exclusivos grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described, for the purpose of purchasing the items sold on the same Website. The User may only print and/or copy any information and/or image contained or published on the websites owned by Vinos Exclusivos only for personal use, so the commercial use of said information is expressly and strictly prohibited. If you are a legal entity, you will be subject to the provisions of article 148, section IV of the Federal Copyright Law. The reprinting, publication, distribution, assignment, sublicense, sale, electronic reproduction or by other means, partial or total, of any information, image, document or graphic that appears on the websites owned by Vinos Exclusivos, for any use other than personal use. Non-commercial is expressly prohibited to the User, unless they have prior written authorization from Vinos Exclusivos. 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.

Each Site User is solely responsible for keeping passwords and other account identifiers secure. The account holder is fully responsible for all activities that occur under his or her password or account. Furthermore, the User must notify the Company of any unauthorized use of their password or account. In no way will Vinos Exclusivos 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 Vinos Exclusivos. However, you may subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email to unsubscribe from the promotional email delivery system.

Vinos Exclusivos reserves the right to block access or remove partially or totally any information, communication or material that in its sole judgment may result:

1. abusive, defamatory or obscene;
2. fraudulent, artificial or deceptive;
3. violative of copyright, trademarks, confidentiality, trade secrets or any intellectual property rights of a third party;
4. offensive or;
5. that in any way contravenes the provisions of this contract.

Vinos Exclusivos does not presume that the content of its Page can be legally viewed outside 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 or she does so at his or 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 Vinos Exclusivos; The User is prohibited from:

• Access data that the User is not authorized to use or log into a server or an account to which the User does not have authorized access.
• Intentar examinar, escanear o probar la vulnerabilidad de un sistema de informática o de una red o quebrantar las medidas de seguridad o autenticación sin la debida autorización.
• Attempt to interfere with the use of any other User, hosting service or network, including, without limitation, transferring a virus to the Website or Vinos Exclusivos affiliated websites; cause saturation of such sites by "flooding", "spamming", "mailbombing" or "crashing";
• sending unsolicited emails, including promotions and/or advertising of products or services, or;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

The User acknowledges that violations of the computer system or network security may generate civil or criminal liability. Vinos Exclusivos 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 said violations in the terms established in the applicable legislation.

To properly enter the Website, Users must have the equipment and facilities necessary for their Internet connection (computer, telephone, Smartphone, modem, programs, etc.), the use of this equipment being their sole responsibility.

Vinos Exclusivos is exempt from any liability that occurs due to interruptions or suspensions of the Internet access service caused by failure in the telecommunications system, in the supply of electrical energy, fortuitous events or force majeure or an action of third parties that may disable the equipment that provides access to the network.

Therefore, Vinos Exclusivos is not responsible for any damage, loss or loss to the User caused by failures in the system, the server or 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, text, or audio contained therein. Users may NOT attribute any responsibility or demand payment of damages or losses due to technical difficulties or failures in the systems or on the Internet. Vinos Exclusivos does not guarantee continued or uninterrupted access 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 control of the Company; In such cases, efforts will be made to restore it as quickly as possible without any type of liability being attributed to it. Vinos Exclusivos will not be responsible for any error or omission contained on the Site.

Intellectual and industrial property and copyright

Vinos Exclusivos acknowledges being the sole owner of the intellectual property rights, whether registered or unregistered, in the Website owned by Vinos Exclusivos, including, but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, brands, domain names, trade names and data included. The entire content of our Website is also protected by copyright as a collective work under Mexican copyright laws and international conventions. All rights reserved.

Users are warned that such rights are protected by current Mexican and international legislation regarding intellectual and industrial property and copyright.

Copying, reproduction, adaptation, modification, distribution, commercialization, license, sending, disclosure, public communication and/or any other action that generates a violation of current Mexican or international legislation on intellectual and/or industrial property is prohibited. as well as the use of the contents of the Website without prior express written authorization from Vinos Exclusivos. In the event that the User transmits to Vinos Exclusivos any information, programs, applications, software or in general any material that requires licensing through the Websites, the User hereby grants Vinos Exclusivos a perpetual, universal, free license. , non-exclusive, worldwide and royalty-free, including the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, publicly display and perform them.

The provisions of the previous paragraph will also apply to any other information that the User sends or transmits to Vinos Exclusivos, including, without limitation, questions, criticisms, comments and suggestions to renew or improve 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 that will be developed in the future. Furthermore, when the User sends comments or criticisms to the website, they also grant Vinos Exclusivos 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 renounces in this act to carry out any action, demand or claim against Vinos Exclusivos, its affiliates or suppliers for any current or eventual violation of any copyright or intellectual property rights derived from the information, programs, applications, software, ideas and other material that the User himself sends to the Websites owned by Vinos Exclusivos.

If it is considered that any content published on the Website violates intellectual or industrial property rights, the User may make a notification by contacting the Vinos Exclusivos Customer Service Center. The User will have to indicate:

1. true personal data (name, address, telephone number and email address of the claimant);
2. handwritten signature with the personal data of the owner of the intellectual property rights;
3. 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 referred Website;
4. express and clear statement that the introduction of the indicated content(s) has been made without the consent of the owner of the intellectual property rights allegedly infringed;
5. 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 Websites contain links to third party websites. These links are provided solely as an advantage of the websites for the User and do not imply that Vinos Exclusivos has approved the content of said third party websites. Vinos Exclusivos is not responsible for the content of linked third-party websites and makes no representations regarding the content or truthfulness of material on such third-party sites. If the User decides to access third-party websites through these links, he does so under his own responsibility and 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 Advertising Material submitted for inclusion on the Website complies with relevant laws and regulatory codes. Vinos Exclusivos 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 applicable intellectual and industrial property laws.

Guarantee of purchased products

Vinos Exclusivos acts as a manufacturer distributor or wholesale distributor, guaranteeing that the products sold on the websites owned by Vinos Exclusivos work correctly and do not have defects or hidden defects that could make them dangerous or unsuitable for normal use. Notwithstanding the above, the use that each User gives to the products is their exclusive responsibility, without any responsibility of Vinos Exclusivos.

No user may request a guarantee after 7 calendar days following the delivery of the product. In such cases, Vinos Exclusivos will not be obliged to respond to said guarantees, nor to collect the damaged product(s).

The warranty will lose its validity in the event of defects or deterioration caused by external factors, accidents, wear, improper use and use not in accordance with the supplier's or manufacturer's instructions.

Products transported, modified or repaired by the user or any other person not authorized by Vinos Exclusivos are excluded from the warranty. The guarantee will not apply to apparent defects and conformity defects of the product. For any claim, the user must contact info@vinosexclusivosmx.com within 7 calendar days following the 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 Vinos Exclusivos Website, are presented for exclusively indicative purposes. Vinos Exclusivos is not responsible for any error or inaccuracy in product information.

Returns

In the event that any of the wines arrive damaged at the customer's home, and that said damage prevents the consumption of the product, the user may request Vinos Exclusivos to send the affected bottle(s) of wine. Said request may be made within 7 calendar days after the customer receives the bottles (based on the information from the logistics service provider), with the Customer Service department at info@vinosexclusivosmx.com., at Monday to Friday from 9:00 a.m. to 4:00 p.m. Response times are up to 48 hours. The customer must describe the damage to the product, send photographs (photo of the label, back label and photo of the damage) and other documentation necessary to justify the damage (see return policy).

User Responsibility in relation to Transactions

The User assumes responsibility for all costs, fees, taxes and demands by requesting a purchase invoice at the time of making a purchase or order. It is necessary to check the option "If you need a tax invoice, check the box and complete the RFC and Corporate Name fields" this will be during the check-out process; If this box does not appear because the automatic billing system is not operating, you must send your tax information and order number to the email info@vinosexclusivosmx.com.

The access data communicated to the User for their profile have been designed exclusively for personal use and must be treated confidentially. The User must change his password regularly. All transactions made through the profile account will be charged to the relevant profile account holder and will be binding.

The User is responsible without limitations for direct and indirect damages, as well as consequential damages, that could be caused by gross negligence or illegal intention.

Billing policy

You can request your purchase invoice at the time of subscription. It is necessary to check the box and complete the corresponding fields in the check-out process.

If you did not complete this process when completing the purchase, you can request it until the last day of the month in which the purchase was made, otherwise the invoice cannot be issued in another month. Write to the customer service department at info@vinosexclusivosmx.com from Monday to Friday from 9:00 a.m. to 4:00 p.m. Response times are up to 48 hours.

Your application must contain the following information:

First and last name

Address

Phone number

Postal Code

Email

RFC

Social reason

Tax Regime

Once the corresponding invoice has been issued, Vinos Exclusivos will not be able to re-invoice.

Restrictions for minors

Vinos Exclusivos does not intentionally make sales to minors, so parents and guardians are recommended to carry out the activities of purchasing products or registering on the Website themselves.

Parents or guardians of minors will be responsible for the acts carried out by them in accordance with the provisions of these Terms and Conditions of Use, including damages caused to third parties, actions carried out by them and that are prohibited by law and by the provisions of this agreement, without prejudice to the responsibility of the User, as long as the User is not the parent or legal representative of the minor offender.

Responsibility

The User hereby undertakes to indemnify and hold harmless Vinos Exclusivos and its subsidiaries, controller, shareholders, directors, employees, officials, directors and agents against any actions, procedures, responsibilities, demands, claims, losses, responsibilities, damages, costs, damages, expenses and costs, as well as the expenses, costs and fees of lawyers and external advisors that arise from or are related to the violation by the User of:

1. These Terms and Conditions, and/or
2. Any applicable laws, rules, decrees or regulations.

Vinos Exclusivos 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 Vinos Exclusivos in the development of the relevant defenses.

Modifications to the Websites owned by Vinos Exclusivos

Vinos Exclusivos may at any time and when it deems appropriate, without needing to notify the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said sites, without This does not give rise or right to any claim or compensation, nor does this imply recognition of any responsibility 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 of Use are of unlimited validity, and will come into force upon publication on the Website.

Vinos Exclusivos reserves the right to make changes to this document without prior notice. Therefore, Vinos Exclusivos recommends that the User regularly re-read this document, so that they are always informed of any possible modifications. Alterations to the contract will become effective immediately upon publication on the Website. Once the modifications are made, it will be presumed that the User who continues to use the Website will be fully aware of, will have read and consent to the amended Terms and Conditions of Use. If the User does not accept the modified terms and conditions, he must stop using the Website.

Vinos Exclusivos 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 that Vinos Exclusivos 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 supersede any other agreement or contract entered into previously. 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 Vinos Exclusivos, in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their force, obligation and validity.

Additional Terms

Occasionally, Vinos Exclusivos 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 websites owned by Vinos Exclusivos, which will be published. in the specific areas or new services of said site for reading and acceptance. The User acknowledges and accepts that these additional terms are an integral part of this contract for all legal purposes that may apply.

Applicable law and jurisdiction

These Terms and Conditions of Use will be interpreted and governed by the legislation in force in Mexico, Mexico City (Formerly the Federal District), waiving the application of the Convention on the International Sale of Goods.

Cession of rights

The rights granted to the User must be considered personal rights and the User may not assign or transmit them, nor authorize any third party to use them in any way. Vinos Exclusivos may totally or partially assign its rights and/or obligations under its charge to any third party, subsidiary or controller of Vinos Exclusivos without prior authorization from the User. By virtue of said assignment, Vinos Exclusivos will be released from any obligation in favor of the User, established in this contract.

No waiver of rights

Inactivity on the part of Vinos Exclusivos, its affiliates or suppliers to exercise any right or action derived from this contract, should at no time be interpreted as a waiver of said rights or actions.

Compensation

The User agrees to indemnify Vinos Exclusivos, its affiliates, suppliers, sellers and advisors for any action, demand or claim (including attorneys' fees and legal costs) arising from any breach by the User of this agreement; including, without limitation, any of those derived from:

Any aspect related to the use of the websites owned by Vinos Exclusivos.

The information contained or available on or through said Website or libel, defamation or any other conduct that violates this contract by the User in the use of the indicated Website.

The violation of applicable laws or international treaties related to copyright or intellectual property, contained or available on, or through said websites.

Others

If any provision set out in these Terms and Conditions is illegal, void or unenforceable in any jurisdiction, it will not affect:

1. the legality, validity or exercise in such jurisdiction of any other provision of this agreement;

Vinos Exclusivos may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver thereof, unless expressly recognized by Vinos Exclusivos, or prescription of the action that corresponds to each case. The headings of the clauses are incorporated herein only for convenience and for better handling, so they will in no way be considered for purposes of interpretation, nor will they affect the obligations contained therein.

These Terms and Conditions of Use and the Privacy Policy, as well as any modifications and/or legal notices that are published or communicated, from time to time, by Vinos Exclusivos through its websites, constitute the entire agreement between the User and Vinos Exclusivos in relation to the Services offered by Vinos Exclusive through their websites.