TERMS & CONDITIONS
Updated to November 16, 2020
This website is operated by CULTURE AND DESIGN. Throughout the site, the terms “we”, “us” and “us” refer to CULTURE AND DESIGN. CULTURE AND DESIGN offers this website, including all information, tools and services available on this site to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices set forth herein.
By visiting our site and/or purchasing something from us, you participate in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, then acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access to the website following the posting of any changes constitutes your acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By accepting these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Failure to comply with or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL TERMS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of the networks or connecting devices. Credit card information is always encrypted during transfer through the networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 4 – SERVICE AND PRICE CHANGES
The prices that appear on our website are expressed in American dollars. The prices of our digital products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain digital goods or services may be available exclusively online through the website. These digital goods or services may be in limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our digital goods that appear in the online store. We cannot guarantee that your computer screen of any color will be accurate.
We reserve the right, but are not obligated, to limit sales of our digital products or services to any person, geographic region or jurisdiction. We may exercise this right in each case. We reserve the right to limit the quantities of any digital goods or services that we offer. All descriptions of digital goods or prices of virtual products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any digital products at any time. Any offer for any digital goods or services made on this site is void where prohibited.
We do not warrant that the quality of any digital goods, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
In the event that we modify or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you when necessary.
SECTION 7- CONTENT AND OWNERSHIP
7.1. Your intellectual property
As for CULTURE AND DESIGN. and you, you must own all intellectual property related to your User Content and any other material created by you, including any design, image, animation, video, audio file, font, logo, illustration, composition, artwork, code, interface, text and literary work. CULTURE AND DESIGN. does not claim ownership of its content. For the sole purpose of providing the service, you acknowledge and agree that we will need to access, upload and/or copy your User Content to our platform, including the cloud services and CDNs, to make display settings, duplicate them for backup purposes and perform any other technical action and/or uses required to provide your services, as we deem necessary.
7.2. Intellectual Property of CULTURE AND DESIGN.
All rights, titles and interests of CULTURE AND DESIGN. including any and all copyrighted materials or any other content therein that is or may be subject to intellectual property rights under any applicable law (including art, graphics, images, website templates and widgets, literary works, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions of the “look and feel” of CULTURE AND DESIGN, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names, and other proprietary identifiers, whether or not registered or capable of registration (collectively, “Intellectual Property”), and any derivative thereof, are owned by or licensed to CULTURE AND DESIGN.
The Terms of CULTURE AND DESIGN do not convey any right or interest in or to the Intellectual Property of CULTURE AND DESIGN (or any part thereof). Nothing in the Terms of CULTURE AND DESIGN constitutes an assignment or waiver of CULTURE AND DESIGN’s intellectual property rights under any law.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (e.g., contest entries) or if, without our request, you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any media the Comments you submit. We are not and will not be obligated (1) to keep any comments secret; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or any other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise illegal, abusive or obscene material, nor will they contain any computer virus or other malware that may affect in any way the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or others as to the origin of the comments. You are solely responsible for any comments you make and their accuracy. We are not responsible or liable for any comments posted by you or any third party.
SECTION 9 – PERSONAL INFORMATION
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or on the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions of digital goods, prices, promotions, offers, shipping costs of digital goods, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order).
We assume no obligation to update, modify or clarify information on the Service or any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date that applies to the Service or any related website should be taken as an indication that all information on the Service or any related website has been modified or updated.
SECTION 11 – PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal act; (c) to violate any local international, federal, provincial or state regulation, rule, law or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may be used in any way that affects the functionality or performance of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose;
or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, from time to time, we may remove the service for indefinite periods of time or cancel it at any time, without notice.
You expressly agree that your use or inability to use the service is at your sole risk. The service and all digital goods and services delivered to you through the service are provided (unless expressly stated by us) “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall CULTURE AND DESIGN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of the use of any of the services or products purchased through the service, or for any other claims related in any way to the use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise available through the service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – COMPENSATION
You agree to indemnify, defend and hold harmless CULTURE AND DESIGN. and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 14 – SEVERABILITY
If any provision of these Terms of Service is determined to be illegal, void, or unenforceable, that provision shall nonetheless be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination not to affect the validity and enforceability of any remaining provisions.
SECTION 15 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.
If in our judgment, you do not comply, or we suspect that you have not complied, with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or you may accordingly be denied access to our Services (or any part thereof).
SECTION 16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party who drafted them.
SECTION 17 – APPLICABLE LAW
These Terms of Service and any separate agreements by which we provide you with Services shall be governed by and construed in accordance with the laws of Mexico.
SECTION 18 – CHANGES TO TERMS OF SERVICE
You may review the most recent version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.
Your continued use or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 19 – PRICING
All of our products are listed in U.S. dollars.
SECTION 20 – RATES AND CLEARANCE
With respect to product fees, the User will be charged the fees set forth in the applicable section, as offered on the Website. The Rates include the value added tax as provided by the applicable laws in the United Mexican States (16%).
In addition to the purchase price, the purchaser shall be responsible for bearing all taxes arising, including value added, excise, use, privilege, ad valorem, customs and any other similar taxes, levies, fees or charges, taxes imposed or increased by virtue of any law, rule, ordinance or regulation of any municipal, state, federal, international or any other nation with respect to the goods sold to the customer or any part, component or material contained therein, including the importation, processing, distribution, sale or export of raw materials, parts or manufactured goods. Buyer shall also be responsible for any additional expenses incurred by Seller as a result of obligations imposed by municipal, state, federal, international or any other nation’s laws governing labor fees and costs for the production of the goods. In the event that Seller, for any cause whatsoever, shall become obligated to pay such taxes, Buyer shall, upon request, immediately reimburse Seller for such amounts. Buyer shall provide, upon Seller’s request, any tax exemption certificate.
In addition, to the extent required by applicable laws in each country, Users agree to send us duly completed tax forms to enable us to make all required filings with the tax authorities.
Change of Fees. We may change the Fees and/or introduce new charges in addition to the Fees at our sole discretion upon thirty (30) days prior written notice to the User.
Notwithstanding the foregoing, we may increase the Fees, immediately and with contemporaneous notice.
Payment. The price of the Products shall be paid in advance by credit card or other method of payment accepted on the Website.
Packaging – All items will be delivered in a bag or its proper packaging organized as the case may be.
Payment Conditions – In order to ship any product, it will be necessary to cover 100% of the amount including taxes and shipping fees.
Payment Methods: Payments can be made by credit card or debit card accepted.
Delivery Time – Delivery times will be between 04 to 14 business days depending on the volume of orders. This term will start from the next working day of the order and the conformation of the same.
We are not responsible for delays attributable to the customer, nor for changes made to the initial instructions.
We are not responsible for delays in deliveries in case of national emergency, changes in government regulations, changes in customs legislation, trade restrictions, delays in means of transportation and natural disasters. Under no circumstances will Culture & Design pay penalties for late deliveries.
Foreign and International Deliveries – For the shipment of orders to other states, foreign or international, the customer must provide shipping instructions in case there is a special transportation line. Subsequently it will be indicated how much is the amount of the shipment to be paid by the customer.
If you are a customer located outside of Mexico City or in another country, we can ship your orders the day after you request your merchandise using the most appropriate means of shipment for the transportation of your merchandise. The delivery times of the freight forwarding companies depend on the geographic location of each customer.
The cost of freight must be covered in full in order to ship except when the shipment is collect. Prices do not include export customs charges.
Delivery Information – The place and date of delivery shall be determined from the Purchase Order. Once approved, any modification to this information will have an additional cost. The place and date included in our service is unique, if the delivery is to various destinations must be stated from the purchase order and the price will be broken down for each additional destination.
SECTION 21 – CONTACT INFORMATION
Questions regarding the terms of service should be sent to email@example.com
Sierra Gorda 36, Int. 305, Lomas de Chapultepec 8th Section, Miguel Hidalgo 11000, Mexico City, CDMX
Phone number: (+52) 55 1552-0105