TERMS AND CONDITIONS
Mónica Alejandra Lozano Ibarra on behalf of Camophy (hereinafter “Camophy”), with address at, provides you with its “Terms and Conditions” which establish the use that you give to the website SITIO (hereinafter the “site”) and any of the content available by or through this Website, including any content on the Website. We may change the Terms and Conditions of Use at any time without notice, only by posting the changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS THEY REFER TO THE USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
The User, understood as the person who uses or accesses the Website, using a computer and/or any communication equipment or device (hereinafter the “User”), agrees not to use devices, software, or any other means intended to interfere with the activities and/or operations of the Website, the databases and/or information contained therein.
1. USE AND RESTRICTIONS.
Access to or use of the Website expresses the User's full and unreserved adherence to these Terms and Conditions. Through the Website, the User will be used to purchase the products (the “products”) made available by Camophy. The Site shall have the right to deny, restrict or condition the User's access to the Site, in whole or in part, at its sole discretion, as well as to modify the Products of the Site at any time and without prior notice. The User acknowledges that not all Products are available in all geographic areas. Camophy does not guarantee the availability and continuity of the operation of the Site and the Products, nor the usefulness of the Site or the Products in relation to any specific activity, regardless of the means of access used by the User. Camophy shall not be liable for any damage or loss of any kind that may be caused due to the lack of availability or continuity of operation of the Site and/or the Products.
The use of the Products on the Site is the exclusive responsibility of the User, who in any case must use them in accordance with the functionalities permitted on the Site itself and the uses authorized in these Terms and Conditions, so the User is obliged to use them in such a way that does not contravene good customs, the rights of third parties, the rules of use and coexistence on the Internet, the laws of the United Mexican States and the legislation in force in the country in which the User is located when accessing the Site and using the Products. The Site is for the individual use of the User, so the User may not market the Products in any way without Camophy's authorization.
The site is primarily aimed at users residing in the Mexican Republic, therefore, Camophy does not ensure that the site complies fully or partially with the legislation of other countries, so that, if the user resides or has his domicile established in another country and decides to access or use the site, he will do so under his own responsibility and must ensure that such access and navigation complies with the local legislation that is applicable to him, Camophy not assuming any responsibility that may arise from said act.
The User undertakes to hold Camophy, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, agents, representatives and/or any person related to it, harmless regarding the use of the information or documentation acquired by the User through the Site, in the understanding that Camophy is not, nor will be, a party to the Site. The Owner is not responsible for any use that the User makes of said information or documentation, nor for the consequences generated or that could be generated as a result of its use.
Mere access to the Site does not imply the establishment of any type of relationship between the Owner and the user.
2. RESTRICTIONS.
Any other use of the Site or the Content, including without limitation modification, scraping, deletion, transmission, publication, distribution, proxy switching, uploading, electronic posting, redistribution, relicensing, sale, duplication, republication or other disclosure without Camophy's express written permission, is strictly prohibited. You may not use any framing techniques to enclose any Camophy trademark or logo, or use any meta tags or other hidden text without our prior written consent. You may not link to the Site without our prior written consent. The use of hyperlinks, robots, and similar data gathering and extraction tools is expressly prohibited.
3. RETURNS.
For purchases made through the SITE site, Camophy agrees to make changes to the products as long as the product has not been altered by the consumer and against delivery of the purchased product. In cases where the product arrives damaged, Camophy must be notified immediately to make a replacement.
The return must be made within a maximum period of 05 (five) business days after receiving the product. To do so, you must send an email to hola@camophy.com requesting the return.
Camophy will refund the amount paid for the product within a maximum of 30 business days by means of a gift certificate. You (the consumer) will have the obligation to return the product in the same conditions in which you received it and without having used it.
In the event that the return is for a reason other than Camophy, the costs of freight and insurance will be borne by you (the consumer).
Camophy will return products only when it is in the following cases:
- When the net content of the product or the quantity delivered is less than that indicated on the container, container or packaging.
- If the product does not correspond to the quality, brand, or specifications and other substantial elements under which it was offered.
Camophy may refuse to satisfy the claim if it is untimely, when the product has been used in conditions other than those recommended or proper to its nature or purpose or if it has suffered essential, irreparable and serious deterioration due to causes attributable to the consumer.
4. SHIPPING.
The shipping cost for all of Mexico is $150.00 pesos and the delivery time is 10 to 15 business days after payment has been received. Deliveries will be made by private courier. In case of any delay, it will be handled directly by the courier. Camophy is not responsible for shipments that cannot be delivered due to errors in the entry of the shipping address.
5. Of the promotions or discount codes (hereinafter “the promotion”).
The Promotion will be open to participation by all Eligible Persons as specified in the Special Terms and Conditions (hereinafter “Participants”) of the applicable Contest or Promotion, Camophy reserves all rights to request the information or documentation necessary to verify that the Participants meet all the conditions necessary to be considered an Eligible Person.
Only one entry per person is allowed. Only entries submitted through the official method designated for registration in the Promotion will be accepted. Camophy reserves the right, at its sole discretion, to disqualify any Participant whose performance or conduct is contrary to the spirit or intent of the Promotion or these Promotion Terms and Conditions, at its sole discretion.
The Start Date and End Date for formalizing participation are those indicated in the Special Terms and Conditions of the current Promotion or Contest.
One winner, or multiple winners, will be chosen by the selection method and in accordance with the applicable selection criteria and on the date indicated in the Special Terms and Conditions. The winner(s) will receive the prize(s) indicated in the Special Terms and Conditions applicable to the corresponding Contest or Promotion.
The winner(s) will be notified through the method and on the date indicated in the Special Terms and Conditions. In the event that a winner fails to respond within the time period stated in the Special Terms and Conditions, Camophy reserves the right to select another winner and award the prize(s) to him/her.
The winner(s) are responsible for providing complete and accurate contact information to Camophy, and Camophy shall be exempt from liability where the winner has not received the prize(s) due to incorrect or incomplete contact information being provided. The prize is non-exchangeable, non-transferable and no alternative cash payment is offered.
Camophy's decision with respect to any aspect of the Promotion is final and binding and no discussion or negotiation will be entered into regarding it. Camophy reserves the right to void, cancel, suspend or modify the Promotion when necessary at its sole discretion.
Participants are deemed to have accepted and agreed to be bound by the Terms and Conditions of the Promotion at the time of entry. Camophy reserves the right to refuse participation or delivery of the prize to any person who breaches the Terms and Conditions of the Promotion.
Winners agree that Camophy may use their name, image and city or country of residence to announce the winner of this promotion and for any other reasonable promotional purpose and without any compensation or payment. Camophy will collect and process the names of Participants and other personal data arising from their participation in the Promotion, which will be used in accordance with the Privacy Notice in force at any time, as indicated in the Special Terms and Conditions.
6. PAYMENTS.
By submitting a payment, you agree to the following: I. You authorize Camophy to debit your bank account/debit card or charge your credit card for the total amount and date shown.
II. You agree to abide by all rules that your financial institution requires for ACH debit transactions or that your debit or credit card issuer requires for debit or credit card transactions.
III. You agree not to use Camophy's payment systems for proof of payment, card, loyalty abuse, theft, fee abuse, or any other use that we deem, in our sole discretion, fraudulent or inappropriate use.
IV. You agree that if your use of the Stored Payment Method violates these terms and conditions, we reserve the right, in our sole discretion, to: Limit the type of payments you may use; or Refuse any transaction.
VI. You agree that Camophy shall have no liability for any loss of any kind that you may incur as a result of any misstatement, any delay in the actual date on which your account is debited, or your failure to provide accurate and/or valid payment information.
VIII. Payment methods will be payment by debit or credit card, carnet or up if valid.
7. INTELLECTUAL PROPERTY.
All Content is the exclusive property of Camophy, its affiliates, its licensors or its content providers and is protected by intellectual property and other applicable laws. The user may access, copy, download and print the materials contained on the Site for personal and non-commercial use only, provided that such materials, as well as any copyright or trademark notices, are not modified or removed. Any other use of the Content, including, but not limited to, reproduction, modification, use, publication, transmission, uploading, broadcast, posting, distribution, licensing or creation of derivative works from the Content, is strictly prohibited. Camophy reserves all rights not expressly granted herein or on the Site.
The User does not acquire any intellectual property rights, copyrights and/or industrial property rights by simply using or accessing the Products on the Site and, at no time, such use will be considered as an authorization or license to use the Products for purposes other than those contemplated in these Terms and Conditions.
8. QUALITY OF PRODUCTS AND THEIR WARRANTIES.
Neither Camophy nor its suppliers or business partners shall be liable for any damage or loss suffered by the User as a result of inaccuracies, queries made, typographical errors and changes or improvements made periodically to the Products and the Site. The Products, recommendations and advice obtained through the Site are of a general nature, and should therefore not be taken into account when making personal, commercial or professional decisions. For this purpose, an appropriate professional should be consulted who can advise the User according to his or her specific needs.
This site and its contents are provided by Camophy "as is" and "as available" without any representation or warranty of any kind, whether express or implied. Camophy expressly disclaims all express and implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Camophy be liable to any party for any direct, indirect, punitive, incidental, compensatory, special, consequential or any other damages, loss of data, income or profits, loss of or damage to property, business interruption, or loss of programs or data, arising out of or in connection with this site, any sites or services linked through this site, or any copying, display or use thereof, regardless of the legal theory on which the claim is based, even if Camophy has been advised of the possibility of such damages, including, but not limited to, damages resulting from any errors, omissions, viruses, delay or interruption of operation or service, regardless of the reason. Camophy shall not be liable for any loss or damage arising from or related to third party websites or their content accessed through links on this site, the use of this site or the use of any software equipment in connection with this site.
The User undertakes to hold harmless Camophy, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, agents, representatives and/or any person related to it, from any liability that may be imputed by virtue of and/or in relation to the Site, the provision of the Products or any other derivative of these Terms and Conditions.
9. LINKED THIRD PARTY GOODS AND SERVICES.
The fact that information is offered on the Site or on other linked or connected sites does not imply the recommendation, guarantee, sponsorship or approval by Camophy regarding said information, goods and/or services. The availability of goods and/or services offered by third parties or by linked sites is not the responsibility of Camophy. In accordance with the above, Camophy shall not be liable to any authority of any kind for any matter related to the sale, consumption, distribution, delivery, availability or provision of any of the goods and/or services offered by third parties or by linked sites through the Site. With respect to the Products provided by third parties within or through links to the Site (such as links, banners and buttons), Camophy is limited exclusively, for the convenience of the User, to: (i) informing the User about them and, (ii) providing a means to put the User in contact with suppliers or vendors. The products and/or services marketed within the Site and/or on linked third-party sites are supplied by independent merchants and shall not be understood in any case to be the responsibility of Camophy. There is no type of employment relationship, association or partnership between Camophy and said third parties. All advice, counsel, statements, information and content on third-party pages linked to or within the Site represent the opinions and judgments of said third party, consequently, Camophy will not be liable for any damage or harm suffered by the User as a result of these.
10. CONFIDENTIALITY.
Camophy is obliged to keep confidential the information it receives from the User that has such character in accordance with the legal provisions applicable in the United Mexican States; Camophy does not assume any obligation to keep confidential any other information that the user provides.
Camophy may disclose the information of the User and the Products acquired by the User to those third parties who, by virtue of the services and products offered and acquired, need to know them in order to fully comply with them.
Likewise, Camophy may disclose your information to the competent authorities in terms of the applicable legislation; any transfer of your personal data without consent will be carried out in accordance with Article 37 of the LFPDPPP.
11. USE OF NON-CONFIDENTIAL INFORMATION.
By using the Site, the User authorizes Camophy, by way of example but not limited to, to use, publish, reproduce, disclose, publicly communicate and transmit non-confidential information, in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, the Federal Copyright Law, the Federal Consumer Protection Law and any other applicable law in Mexican legislation.
12. COOKIES.
The User who has access to the Site agrees to receive files transmitted to them by Camophy's servers. A “Cookie” is a data file that is stored on the hard drive of the User's computer when the User accesses the Site. These files may contain information such as the identification provided by the User or information to track the pages that the User has visited. A Cookie cannot read data or information from the User's hard drive or read Cookies created by other sites or pages. Generally, Cookies are automatically accepted; the User can change the settings of his or her browser at any time. In the event that the User decides to reject Cookies, certain sections of the Site may not function optimally or may not function at all.
13. PERSONAL DATA PRIVACY NOTICE.
All information that Camophy collects from the User is treated with absolute confidentiality in accordance with the applicable legal provisions in Mexican legislation. To learn more about the protection of your personal data, please consult our Privacy Notice.
14. MODIFICATIONS.
Camophy shall have the right to modify, at any time, the Terms and Conditions, without prior notice and/or consent of the User. Consequently, the User must carefully read the Terms and Conditions each time he/she intends to use the Site. Certain Products offered to Users on and/or through the Site are subject to specific conditions of their own that replace, complete and/or modify these Terms and Conditions. Consequently, the User must also carefully read the corresponding specific conditions before accessing any of the Products.
15. APPLICABLE LAWS AND JURISDICTION.
For the interpretation, compliance and execution of these Terms and Conditions, the User agrees that the Federal laws of the United Mexican States will be applicable and the courts of Monterrey, Nuevo León will be competent, expressly waiving any other jurisdiction or venue that may correspond to them due to their present or future addresses or for any other reason.
If any of the provisions of these Terms and Conditions is declared void, illegal or unenforceable, the validity, legality and application of the remaining provisions will continue in full force.
16. DISPUTE RESOLUTION.
Subject to the following clause, any claim or controversy related to these Terms and Conditions, or related to this Site, will be resolved by arbitration. The arbitrator's decision will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
17. CONTACT.
The User may contact Camophy staff at any time for any clarification, comment, doubt and/or suggestion related to the Products, the Site and/or these Terms and Conditions via email hola@camophy.com