Terms of service
TERMS AND CONDITIONS AGREEMENT.
THIS AGREEMENT DESCRIBES THE GENERAL TERMS AND CONDITIONS, APPLICABLE TO THE USE OF THE CONTENT, PRODUCTS AND OFFERS THROUGH THE SITE HTTPS://ESENCIALMX.SHOP (HEREINAFTER “WEBSITE”), WHICH IS THE OWNER OF MARCOS RODRIGO HERNÁNDEZ LABASTIDA (HEREINAFTER THE “HOLDER”), ANY PERSON WHO WISHES TO ACCESS OR USE THE WEBSITE OR THE OFFERED SERVICES MAY DO SO BY SUBJECTING TO THE PRESENT TERMS AND CONDITIONS, AS WELL AS THE POLICIES AND PRINCIPLES INCORPORATED IN THIS DOCUMENT.
FIRST. - It is regular in accordance with the current legislation in the Mexican Republic, the access and use of the "WEBSITE", understanding by this any type of content, product or service that is available to the general public within the domain https://esencialmx.shop.
The "HOLDER" reserves the right to make any type of modification to the website at any time and without prior notice, the user accepts said modifications; In this sense, the USER freely acknowledges and accepts that "ESSENTIAL MORE THAN A FRAGRANCE" may at any time interrupt, cancel or deactivate any of the elements that make up the "WEBSITE".
Access to the website by the user is free and free, but from now on, the user can be registered after subscription.
The "WEBSITE" is directed exclusively to USERS of legal age (18+), in this sense "ESSENTIAL MORE THAN A FRAGRANCE" declines any responsibility for non-compliance.
The website is aimed at users residing in Mexico and complies with the legislation established in that country. If the user resides in another country and decides to access the website, they will do so under their responsibility; Therefore, "ESSENTIAL MORE THAN A FRAGRANCE" does not ensure that the "WEBSITE" complies totally or partially with the legislation of other countries, not assuming any responsibility that may derive from said act.
The administration of the website can be exercised by third parties, that is, people other than the owner, without affecting these terms and conditions.
OF THE USER.
SECOND. - User activity on the website such as publications or comments will be subject to these terms and conditions. The user agrees to use the content, products and/or services lawfully, without breaching morality or public order, refraining from performing any act that affects the rights of third parties or the operation of the website.
The user agrees to provide true information in the website forms, in which the user has to provide certain data or information to access any content, product or service offered by the "WEBSITE" itself. In any case, the user must notify the "HOLDER" by any means of communication about any event that may lead to the improper use of registered information, such as theft, loss, or unauthorized access to accounts and passwords, in order to access its immediate cancellation, respecting ARCOS rights.
Access to the website does not imply a relationship between the user and the owner of the website.
The user declares to be of legal age and have the legal capacity to abide by these terms and conditions.
“ESSENTIAL MORE THAN A FRAGRANCE” reserves the right to withdraw all comments that are in violation of the law, good customs and morals, that are discriminatory, that violate third parties or public order.
In any case, “ESSENTIAL MORE THAN A FRAGRANCE” will not be responsible for the comments or opinions expressed by users published on the “WEB PAGE”
ACCESS AND NAVIGATION OF THE “WEBSITE”
THIRD – The "HOLDER" does not guarantee the continuity and availability of the content, products and/or services on the website, it will carry out actions that promote the proper functioning of said website without any responsibility.
The "HOLDER" is not responsible for the software being free of errors that may cause damage to the software and/or hardware of the equipment from which the user accesses the website. Likewise, it is not responsible for damages caused by access and/or use of the website.
The "HOLDER" is not responsible for any damage that may be caused by improper use of the "WEBSITE"; "THE HOLDER" will in no case be responsible for losses, damages or damages of any kind, arising from the sole access or use of the "WEBSITE".
FOURTH. – In accordance with the FEDERAL LAW ON THE PROTECTION OF PERSONAL DATA IN POSSESSION OF INDIVIDUALS, the "HOLDER" undertakes to take the necessary measures to guarantee the safety of the user, avoiding its alteration, loss or unauthorized treatment, preventing improper use is made of the personal data that the user provides on the website.
In addition to the above, all personal data that is collected by the "WEBSITE", will be treated in accordance with the principles of legality, legality, quality, purpose, loyalty and responsibility. All processing of Personal Data will be subject to the consent of the owner. In any case, the use of financial data will require the express authorization of its owners, however, this may be given through the "WEBSITE" using the mechanisms used for it, and in any case due diligence and greater care will be given to this type of information, the same will happen in the handling of sensitive data.
At all times, compliance with the rights of Access, Rectification and cancellation (ARCO) will be sought, for the sole purpose for which they were collected.
The processing of Personal Data will be limited to the fulfillment of the purposes of the PRIVACY NOTICE which can be found at the following electronic address.
The "WEBSITE" may have access to third-party links outside the "OWNER", the owners of said websites will have their own privacy and data protection policies, for which "THE OWNER" assumes no responsibility for the data provided by the user.
OF THE LINKS POLICY
FIFTH. - The "WEBSITE" may contain links to other Internet sites belonging to third parties for which it is not responsible.
The "HOLDER" will in no case review, control or manage the content of external sites, in the same way they do not own any of the services, products or content existing in the aforementioned linked sites.
OF THE INTELLECTUAL PROPERTY POLICY.
SIXTH. - The "HOLDER" declares to have the intellectual and industrial property rights of the website including images, audio or video files, logos, trademarks, colors, structures, fonts, designs and other elements that distinguish it, protected by the Mexican and international legislation on intellectual and industrial property. CONSEQUENTLY, THE REPRODUCTION, DISTRIBUTION, OR DISSEMINATION IN ANY MEDIA OR FORM, OF THE CONTENTS OF THE "WEBSITE", WITHOUT THE EXPRESS AUTHORIZATION OF THE "OWNER", IS EXPRESSLY PROHIBITED.
The user undertakes to respect the industrial and intellectual property rights of the owner, being able to view the elements of the website, store them, copy them and print them exclusively for personal use.
The user is only authorized to view and obtain a temporary private copy of the Content for personal and private use on their computer systems (software and hardware) and is not assigned to third parties. With the foregoing exception, in accordance with these Terms and Conditions, the user is expressly prohibited from reproducing, transforming, distributing, publicly communicating, publicly disposing, extracting, reusing, forwarding or using of any nature by any means or procedure, of any Content or trademarks of “ESSENTIAL MORE THAN A FRAGRANCE”.
The unauthorized use of the content of the “WEBSITE” and any damage caused to the intellectual property rights of “ESSENTIAL MORE THAN A FRAGRANCE” may result in the Company taking the actions to which it is entitled by law.
OF THE PRODUCTS
SEVENTH. - Any of the products found on the "WEBSITE" are representative of the collections that the firm has activated at a given time. However, not all the products are permanently included in the "WEBSITE" and, in the same way, not all the products that are exposed in the "WEBSITE" can be found in the physical stores of the Company. The style, design, models and colors of the products that are available on the Website may be changed at any time without prior notice.
OF THE INDEMNITY.
EIGHTH. - The User agrees to indemnify "ESSENTIAL MORE THAN A FRAGRANCE" from any action, lawsuit or claim, including attorneys' fees and court costs, arising from any breach by the User of these terms and conditions , including without limitation any of the derivatives:
- Any aspect related to the use of the "WEB PAGE"
- Of insults, defamation or any conduct that violates these terms and conditions by the User.
- Violation of applicable laws or international treaties
NON-WAIVER OF RIGHTS
NINTH. - The inactivity on the part of “ESENCIA MÁS QUE UNA FRAGANCIA” in the exercise of any right or action derived from these terms and conditions, at no time should be interpreted as a waiver of said rights or actions.
OF THE APPLICABLE LEGISLATION
TENTH. - These terms and conditions are subject to and will be interpreted in accordance with the applicable legislation in force in the Mexican Republic and any dispute arising from it must be heard before the competent courts of Mexico City, Mexico.
Last updated: January 08, 2021.