TERMS AND CONDITIONS OF USE OF THE SITE WWW.HEALTHYCORDE.COM (THE “SITE”) EFFECTIVE AS OF MAY 26, 2020.
P R E L I M I N A R Y C O N S I D E R A T I O N S
This agreement describes the general terms and conditions (the "Terms") applicable to the use of the services offered by the company known as HEALTHYCORDE, S.A de C.V. (“HEALTHYCORDE” and/or “Us”) within the Site (the “Services”), which are intended to regulate the access and use that the user makes of the Site.
For the sake of clarity, hereinafter we will refer to the user of the Site as the “User” or “You”.
Any person who wishes to access and/or use the Site or the Services may do so subject to the Terms, together with all other policies and principles that govern the Site and which are incorporated herein by reference.
ANY PERSON WHO DOES NOT ACCEPT THESE TERMS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES.
The User must read, understand, and accept all the conditions established in the Terms and in the Privacy Notice, as well as in the other documents incorporated therein by reference, prior to registering as a User of the Site.
C L A U S E S
FIRST.- GENERAL TERMS. For your security, We state that HEALTHYCORDE is a commercial company duly incorporated in accordance with the laws of the United Mexican States (“Mexico”) and that we are in compliance with our tax obligations.
We must also inform you that these Terms may be subject to any type of variation, modification, change, adjustment, addition, or supplement at the moment that HEALTHYCORDE deems appropriate (the "Updates"), with the understanding that such Updates shall take effect at the moment we publish them on the Site, and You must expressly accept such Update to our Terms.
By accessing the Site and reading the Terms, you manifest that you are of legal age, that you have full legal capacity to use the Site and to be bound by these Terms. In the event that you are a minor, you manifest that you have the authorization of your parents (or guardians) to be bound by these Terms.
Likewise, you manifest that the data that you provide or will provide to us in the future to contract the Services and/or purchase our products are real, truthful, accurate, lawful, and verifiable, and that you release HEALTHYCORDE from any liability derived from their truthfulness, suitability, accuracy, lawfulness, and verification. Furthermore, you authorize us to verify your data, either directly or through third parties that we authorize for such purposes; if we verify that the information you provided is false, inaccurate, or unlawful, we may, at our sole discretion, deny you access to the Site and delete your user account, in addition to you being liable to HEALTHYCORDE for any damages caused to us by such information, whether to Us or to our clients and/or suppliers.
Unless otherwise indicated, the prices of the products offered on the Site are per unit and include the corresponding VAT. By accessing and using the Site, the User agrees to make proper and lawful use of it.
SECOND.- SERVICES. The Services are those related to the sale, production, manufacture, distribution, and transport of all kinds of office products and items, stationery, industrial and office supplies; as well as all types of containers, packaging, labels, packing material, promotional items, etc.
THIRD.- ACCOUNT. When you use the Services, you are responsible for maintaining the confidentiality of your account data and your password, as well as for restricting access to your computer, and you assume responsibility for any activities carried out from your account or using your password.
On the other hand, you must notify us of any unauthorized use of your password or account. In no way will HEALTHYCORDE 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.
FOURTH.- PAYMENT. You may pay for your products purchased on our Site through any of the payment methods we offer, which are: credit or debit card (Visa, MasterCard, or American Express); PayPal; Mercado Pago; and, payment at Oxxo stores (the “Payment Methods”). The list of Payment Methods may be subject to modifications at any time without prior notice to the User.
All payments must be made through the Payment Methods and within a maximum period of 24 (twenty-four) hours from the moment you have confirmed your purchase; otherwise, the products will not be processed for delivery, that is, only after payment confirmation will the products be released for delivery to the delivery address you provided. Once the payment is confirmed, we will send the corresponding transaction confirmation via email (the “Transaction Confirmation”).
In case of any problem with your order, we will contact you by email or by telephone.
HEALTHYCORDE reserves the right to request official documents from the User as a means of validating the product acquisition process through the Site. In the event of a chargeback by the corresponding Banking Institution regarding charges made by the User through the Payment Methods and derived from operations carried out on the Site, HEALTHYCORDE reserves the right to initiate the corresponding legal actions and to establish criminal or civil liabilities as the case may be or of any other nature, as well as to carry out all those internal actions that may range from making the charge again to the definitive cancellation of the User on the Site, for which no prior authorization from the User will be needed.
FIFTH.- INVOICING. You may request your CFDI within a maximum period of 30 (thirty) calendar days from the date of the Transaction Confirmation by sending an email to info@healthycorde.com with the corresponding tax information; subsequently, we will send you the CFDI within a period of 5 (five) business days from the date of receipt of your request. Once the CFDI has been issued, HEALTHYCORDE will not be able to re-invoice or issue subsequent CFDIs.
SIXTH.- PRODUCT AVAILABILITY. The products offered on the Site are subject to stock, quality, and availability, so the delivery time may vary with prior notice from us, or even the order may be cancelled and the corresponding refund of charges made in favor of the User. If the new delivery time offered is not to your liking, you may request the cancellation of the order and the corresponding refund of charges in your favor as long as the products have not been shipped. In these cases, the cancellation policy established in the Ninth Clause of these Terms will be applicable.
SEVENTH.- SHIPPING AND DELIVERY POLICY. All shipments within Mexico will have a cost based on the weight of your order.
Once you have received the Transaction Confirmation, the shipment will be carried out, for which you will receive the corresponding tracking number via email. All shipments within Mexico will be delivered within a period of 3 (three) to 5 (five) business days from the date on which you receive the Transaction Confirmation. These periods may vary without liability for HEALTHYCORDE in cases of force majeure or acts of God.
The shipment will be made to the address provided by the User, so the latter will be responsible for the truthfulness and accuracy of the same; in the event that said data has not been provided correctly, there is no person to receive the order, or
they refuse to receive it, we may cancel the operation or charge the User for the shipping costs, as the case may be.
Home delivery will be on business days and during hours established by our provider of this service, which we will inform you of at the time of making your purchase.
Likewise, the User acknowledges and accepts that in the event of a possible theft or loss of your order, not attributable to HEALTHYCORDE, we will carry out the corresponding investigation process and will determine the steps to follow to then communicate them to the User and define alternative solutions.
EIGHTH.- CLAIMS, CHANGES, AND RETURNS. In the event that you wish to make a claim, or request a change or return of the products, you must take the following into account:
- You must check at the time of delivery that the conditions and state of the product are in accordance with what you ordered.
- If you notice that the product packaging has been opened or damaged, do not receive it, and leave a written record to the shipping provider as to why you are not receiving it. Otherwise, HEALTHYCORDE will not be able to be held responsible for the state in which you receive the product.
- If the product received has any damage, defect, or is missing parts, you must report it to info@healthycorde.com within a maximum period of 30 (thirty) calendar days from the date on which you received the Transaction Confirmation, describing in detail the situation presented, including photographs of what you received.
- In these cases, you will have the right to request a refund of the charges in your favor or the replacement of the damaged or missing product. The foregoing will not be applicable in cases of products that are already at a final discount.
- If the product is returned, the cost generated by this delivery service will be covered in its entirety by HEALTHYCORDE.
- In cases where a total or partial refund of the charges in favor of the User is appropriate, HEALTHYCORDE will carry out the corresponding procedure within a maximum period of 7 (seven) business days from the date on which the products have effectively returned to the HEALTHYCORDE facilities.
- If you want to make a change for a damaged or defective product, it will be subject to availability on the Site, and the procedure will be the one applicable in cases of return. Likewise, in these cases, the cost generated by the delivery service will be covered in its entirety by HEALTHYCORDE.
NINTH.- CANCELLATION POLICY. Notwithstanding what is established in the Terms, any confirmed transaction may be cancelled as long as the acquired products have not been shipped.
On the other hand, HEALTHYCORDE reserves the right to make cancellations to confirmed transactions only in the following cases:
- Lack of availability of the products in accordance with what is established in the Sixth Clause of these Terms;
- The confirmation of the payment process corresponding to a transaction has not been obtained.
In both cases, we will contact you as soon as possible in order to resolve the situation.
In cases where it is appropriate, the refund of the charges in favor of the Users will be carried out within a period of 72 (seventy-two) business hours from the date of the submission of the request by the User, or of the cancellation confirmation made by HEALTHYCORDE. The amount of the refund will be credited according to the Payment Method used. The period established here may vary depending on the Payment Method.
TENTH.- PROMOTIONS. We will inform our Users subscribed to the newsletter, or by email, of all future promotions and opportunities, with the respective dates and conditions. Promotions will have specific terms and conditions, and Users interested in participating will be responsible for reading and understanding these terms and conditions.
ELEVENTH.- USER OBLIGATIONS. In addition to the other obligations of the User contained in these Terms, the latter agrees to the following:
- Guarantee the truthfulness and accuracy of the data you provide us and carry out as many updates to the same as may be necessary. In any case, you will be solely responsible for any false or inaccurate statements you make and for the damages that these cause to Us, to other users and/or to any third party, expressly committing yourself to keep HEALTHYCORDE, its affiliates, subsidiaries, holding or controlled companies, shareholders, administrators, agents, officers, advisors, and employees and/or any third parties harmless and to indemnify them for any damages that may arise from the inaccuracy or lack of truthfulness of said data.
- Notify us immediately of any indication of the existence of a violation in the security of the Site or the Services provided or of security failures of any kind.
- Make good use of the contents, information, and Services provided from or through the Site, in accordance with the law, good faith, and generally accepted good customs, expressly committing yourself to refrain from carrying out practices or using the Services for illicit, fraudulent, or harmful purposes to the rights or interests of HEALTHYCORDE or other Users or third parties, as well as not
infringing the rules contained in these Terms that regulate and, in their
due time regulate, any of the Services provided from or through the Site.
- Refrain from making professional or commercial use of the Services. For these purposes, you are expressly warned that HEALTHYCORDE prohibits the use of the Site for any type of professional and/or commercial use of the same by Users or any third party outside of HEALTHYCORDE, that is, the Site offers a platform for the provision of the Services, expressly prohibiting you from
the pretense of obtaining any benefit through the Site.
- Refrain from carrying out any type of action that could disable, overload
or damage the systems, equipment, or services of the Site, directly or indirectly.
- Respect the intellectual property rights of HEALTHYCORDE and of third parties regarding the contents, information, and Services provided from or through the Site, refraining generally from copying, distributing, reproducing, or communicating the same in any way to third parties, without express written authorization from HEALTHYCORDE or the holders of said rights.
- It is prohibited to send, introduce, or execute any information, program, or sequence that contains viruses, Trojan horses, worms, time bombs, Easter eggs, or other computer programming routines that may damage, negatively interfere with, intercept, or expropriate any system, data, or personal information; inject or introduce a link directly or indirectly to any other website unless explicitly requested.
- Interfere with or interrupt the Services, the Site, or the servers or networks connected to the Services or the Site, transmit or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment.
- Make a “frame” or “mirror” copy of any part of the Services or code without prior written authorization from HEALTHYCORDE; modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, or decompile any part of the Services, codes, or any software that is used on the Site.
- It is strictly prohibited to make any type of publication for commercial purposes, given that HEALTHYCORDE is not a classifieds page.
TWELFTH.- ELECTRONIC COMMUNICATIONS. Every time you use one of our Services or send us an email, you will be communicating electronically with Us, and therefore we understand that you accept to receive communications from Us by electronic means and that we may store and use your personal information to communicate with you, always in compliance with our Privacy Notice and applicable laws. You also agree that all contracts, notices, and other notifications and communications that we send you by electronic means satisfy any legal requirement in writing.
THIRTEENTH.- COPYRIGHT AND INDUSTRIAL PROPERTY. All content hosted or made available through any of the Services,
such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is ours or our content providers', and is protected by intellectual property and/or copyright laws. The assembly of all content hosted or made available through any of our services is the exclusive property of HEALTHYCORDE and is protected by intellectual property laws.
In addition to the foregoing, the User acknowledges and agrees that all intellectual property rights, as well as all software and Site content, including HTML codes, text, animations, images, as well as the trademarks, trade names, and/or distinctive signs displayed, are our property and are protected by national and international intellectual property laws; therefore, at no time and under no circumstances may you, nor shall you have the authority to, reproduce, modify, prepare derivative works, distribute, license, lease, resell, transfer, publicly exhibit, publicly present, transmit, retransmit, or otherwise exploit the Services or any of the items mentioned above. Consequently, you hereby agree to indemnify and hold us, as well as our affiliates, subsidiaries, parent or controlled companies, shareholders, directors, agents, officers, advisors, and employees, harmless from any claim, damage, or loss caused by your breach of the aforementioned prohibition, regardless of any legal actions we may take against you, with the understanding that as soon as we become aware of said breach, we will deny you access to the Site.
FOURTEENTH.- RESPONSIBILITY. Our Services and all information, content, materials, and other services included in or otherwise made available to the User through our Services are provided by Us on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representation or warranty of any kind, express or implied, regarding the operation of our services, or the information, content, materials, products (including software), or other services included in or otherwise made available to you through our Services, unless otherwise specified in writing.
The User acknowledges and agrees that all risk arising from their use of the Services and any Service or good requested in connection therewith shall be solely at their own risk, to the fullest extent permitted by applicable law.
Notwithstanding the foregoing, the User understands and accepts the aspects and risks involved in the provision of our Services via the internet, given the open, decentralized, and global nature of this communications network; for this reason, We do not guarantee the invulnerability of our security systems or the privacy of the information stored therein, and HEALTHYCORDE is expressly excluded from any liability whatsoever for any consequences arising from security failures in the Services and the consequences that may result therefrom.
To the extent permitted by applicable law, HEALTHYCORDE disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our Services, information, content, materials, products (including software), and other services included in or otherwise made available to the User through our Site, servers, or electronic communications sent by Us are free of viruses or other harmful components. We will not be liable for any damages of any kind, including direct, indirect, incidental, special, punitive, or consequential damages, including loss of profits, loss of data, property damage, or damages related to, in connection with, or otherwise resulting from any use or mishap suffered or related to or resulting from the use of any of our Services, or any information, content, materials, products (including software), or other services included in or otherwise made available to the User through our Services.
Some laws do not allow the limitation of implied warranties or the exclusion or limitation of certain damages. If these laws apply to the User, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. However, the above disclaimers, exclusions, and limitations shall apply to the fullest extent possible in accordance with applicable law.
Likewise, the User acknowledges and agrees, in general terms, that the Services will be available uninterruptedly on the internet. However, you are aware that HEALTHYCORDE does not in any way guarantee this continuity due to the nature of the medium through which it is provided.
By virtue of the above, HEALTHYCORDE is excluded, to the fullest extent permitted by law, from any liability of any kind arising from the temporary interruption in the availability of the Services on the internet.
The User is hereby warned that HEALTHYCORDE may at any time, at its sole discretion and without any obligation of prior notice, permanently suspend the presence of the Services on the internet and, therefore, the various services provided from or through it, without prejudice to any provisions established in this regard in these Terms or any updates issued at that time. HEALTHYCORDE is exempt from any liability of any kind arising from the consequences that may result from the permanent suspension of the provision of the Services.
FIFTEENTH.- INDEMNIFICATION. By accepting these Terms, the User declares and agrees to indemnify and hold harmless HEALTHYCORDE, its affiliates, subsidiaries, parent or controlled companies, shareholders, directors, agents, officers, advisors, and employees from any damage or loss, as well as from any claim, demand, loss, liability, and expense (including reasonable attorney's fees) caused by the User's breach regarding the violation of any provision contained in these Terms or any law or regulation applicable thereto, as well as the breach or violation of the rights of third parties, including other Users.
Simon de H Leyva 02140, Burócratas del Estado 64380 Monterrey, Nuevo León.
www. healthycorde.com
info@healthycorde.com