- ACCEPTANCE OF THE TERMS
Welcome to the “The Machine Store” website (the “Site”), operated by “Juan Angel Salgado Rivera” (the “Company”), which provides its services under the following Terms of Service (“TOS”). All usage guidelines and rules are incorporated into these TOS by reference. By using the Site, you become a user (the “User”) and fully and unconditionally accept every provision of these TOS in the version provided by the Company when you access the Site. You should therefore read these TOS carefully each time you intend to use the Site, as they may change.
The use of certain services offered to Users through the Site is subject to specific conditions which may replace, supplement and/or amend these TOS. Before using those services, the User must also carefully read the corresponding Specific Conditions. Use of the Site is also subject to all notices, usage rules and instructions communicated to the User by the Company that replace, supplement and/or amend these TOS.
- DESCRIPTION OF THE SERVICE
Through the Site, the Company gives Users access to various services, products and content (the “Services”) provided by the Company or third parties. Unless expressly stated otherwise, any new application that expands or improves the current Services, including the launch of new Site properties, will be subject to these TOS. The User agrees and accepts that the Company will not be responsible for delays, deletion, misdelivery or failure to store any user communication or personalization settings, because the Company provides the Service on an as-available basis.
To use the Service, the User must obtain access to the World Wide Web, either directly or through a device that can access web-based content, and pay the charges for services associated with that access.
In general, the Company provides the Site service to Users free of charge, without requiring prior subscription or registration. However, certain Services may only be used after the User subscribes or registers and/or pays a fee, as expressly stated in the corresponding Specific Conditions.
- EXCHANGES AND RETURNS
· Keep your receipt.
· Requests will be accepted within the first 5 calendar days after receipt of the order. Machine Garage will cover shipping through a prepaid label sent to the customer's email address once the return process has been started.[GB1]
· All products must be returned with their original packaging and tags and, for electronic equipment, all accessories. Warranty coverage will follow the manufacturer's policies.
*Refunds for returns will be processed within 48 hours after the return is accepted, using the payment method used for the original purchase. There are no cash refunds: purchases made by bank transfer or payment at a bank branch will receive store credit that can be used within the following 180 days, and an email must be sent.
- USER OBLIGATIONS
When using the Service, the User agrees to: (a) provide true, accurate, current and complete personal information when requested by the Service registration form (the “Registration Data”); and (b) maintain and update the Registration Data at all times so that it remains accurate, current and complete. If you provide information that is untrue, inaccurate, outdated or incomplete, or if the Company considers the information to be so, the Company may suspend or terminate your account and refuse any present or future use of the Service, in whole or in part.
- PRIVACY POLICY
Registration Data and other information are subject to our privacy policy, which is described in full in the Privacy Policy.
- USER ACCOUNT, PASSWORD AND SECURITY
If required, the User will be assigned a password and account after completing the Service registration process. The User is responsible for keeping them confidential and is fully responsible for all activities that occur under the password or account. The User agrees to: (a) immediately notify the Company of any unauthorized use of the password or account or any other security breach; and (b) ensure that the account is logged out at the end of each session. The Company will not be liable for any loss or damage resulting from failure to comply with this section.
- USER CONDUCT
The User acknowledges and agrees that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials (the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person who originated that Content. This means that the User, rather than the Company, is entirely responsible for all Content that the User uploads, posts, emails or otherwise transmits through the Service.
The User must not obtain or attempt to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software or any other material accessible through the Site or Services by means or procedures other than those made available for that purpose, those specified on the web pages containing the Content, or those ordinarily used on the Internet for that purpose, provided that they do not risk damaging or disabling the Site, Services and/or Content.
The User agrees to use the Content diligently, correctly and lawfully and, in particular, to refrain from: (a) using the Content in ways, for purposes or with effects contrary to the law, generally accepted morals and customs, or public order; (b) reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the Content, unless authorized by the holder of the corresponding rights or permitted by law; and (c) removing, evading or manipulating copyright notices and other identifying information concerning the rights of the Company or its rights holders included in the Content.
- LINKS
Users and anyone intending to create a hyperlink between their website and the Site (the “Hyperlink”) must meet the following conditions: (a) the Hyperlink may only provide access to the Site's home page and may not reproduce it in any way; (b) no frame may be created around the Site's web pages; (c) no false, inaccurate or incorrect statements may be made about the Company, its directors, employees, web pages or Services; (d) it must not be stated or implied that the Company has authorized the Hyperlink or has supervised or assumed responsibility in any way for the services offered or made available on the website containing the Hyperlink; (e) except for signs forming part of the Hyperlink itself, the website containing the Hyperlink must not include any trademark, trade name, establishment sign, name, logo, slogan or other distinctive sign belonging to the Company; and (f) the website containing the Hyperlink must not include unlawful information or content, content contrary to generally accepted morals and customs or public order, or content infringing any third-party rights. Creating a Hyperlink does not imply any relationship between the Company and the owner of the website on which it appears, nor the Company's acceptance or approval of that website's content or services.
- LIMITATION OF WARRANTIES AND LIABILITY
The Company excludes liability for damages of any kind arising from the transmission, dissemination, storage, provision, receipt, obtaining of or access to the Content, particularly, but not exclusively, damages arising from:
a) Failure to comply with the law, generally accepted morals and customs or public order as a result of the transmission, dissemination, storage, provision, receipt, obtaining of or access to the Content;
b) Infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, rights to honor, personal and family privacy and likeness, property rights or any other third-party rights as a result of the transmission, dissemination, storage, provision, receipt, obtaining of or access to the Content;
c) Acts of unfair competition and unlawful advertising as a result of the transmission, dissemination, storage, provision, receipt, obtaining of or access to the Content;
d) The Content's lack of truthfulness, accuracy, completeness, relevance and/or currency;
e) The Content's unsuitability for any purpose and failure to meet expectations generated by it;
f) Nonperformance, delay, defective performance or termination for any reason of obligations assumed by third parties or contracts made with third parties through or as a result of access to the Content;
g) Deficiencies and defects of any kind in Content transmitted, disseminated, stored, made available or otherwise provided, received, obtained or accessed through the Site or Services.
The User expressly understands and agrees that:
Use of the Service is at the User's own risk.
The Service is provided on an as-available basis. The Company therefore makes no warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement of users' rights.
The Company does not guarantee that:
I. the Service will meet your requirements;
II. the Service will be uninterrupted, timely, secure or error-free;
III. results obtained from using the Service will be true or reliable;
IV. the quality of any product, service, information or other material purchased or obtained through the Service will meet your expectations; or
V. any software errors will be corrected.
Any material downloaded or otherwise obtained through use of the Service is obtained at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data resulting from downloading such material.
No advice or information, whether oral or written, obtained by the User from the Company or through the Service creates any warranty unless expressly stated in these TOS.
Regarding limitation of liability, the User expressly understands and agrees that the Company will not be liable for any direct or indirect loss or damage resulting from: (i) use of, or inability to use, the Service; (ii) the cost of obtaining substitute goods and services resulting from any goods, data, information or services purchased or obtained, messages received, or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
- COPYRIGHT AND TRADEMARKS
The Site and Content created by the Company or by third parties who have lawfully provided it to the Company or supplied it through a business relationship are protected by applicable law and international copyright treaties. The design, layout and overall graphic arrangement of the Site and Services are the exclusive property of the Company.
The Company grants no license or authorization of any kind to use its industrial or intellectual property rights or any other property or rights related to the Site, Services or Content.
- WITHDRAWAL AND SUSPENSION OF SERVICES
The Company may withdraw or suspend the Services at any time, without prior notice, for Users who fail to comply with these TOS.
- DURATION AND TERMINATION
The Site service and other Services are, in principle, provided for an indefinite period. However, the Company may terminate or suspend the Site service and/or any Services at any time, without prejudice to the provisions of the corresponding Specific Conditions. When reasonably possible, the Company will give advance notice of termination or suspension of the Site service and other Services.
- APPLICABLE LAW AND JURISDICTION
These TOS are governed by the laws of Mexico. The Company and the User expressly waive any other jurisdiction and submit to the courts of Mexico City.