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Terms of service

TERMS AND CONDITIONS

Welcome to Miss Marce! The following contract describes the general terms and conditions (hereinafter, the “TERMS AND CONDITIONS”) applicable to the use of the services offered by Miss Marce on the website www.missmarce.mx, as well as on the pages, windows, and pop-ups displayed therein that belong to said website (hereinafter, the “WEBSITE”), social media platforms, and any electronic medium used by Miss Marce for its business.

In accordance with Article 93 of the Commercial Code and Article 1803 of the Federal Civil Code, by accessing, browsing, using, and/or conducting transactions on the WEBSITE, owned by Miss Marce, any person becomes a user (hereinafter, the “USER”), and such use implies full and unconditional adherence to these TERMS AND CONDITIONS. Therefore, it is essential that the USER carefully read and evaluate the conditions beforehand so as to be aware that they are subject to them and any future modifications each time they access the WEBSITE. By using the WEBSITE, the USER accepts these TERMS AND CONDITIONS and confirms acceptance electronically. If at any time the USER disagrees, in whole or in part, with these TERMS AND CONDITIONS, they must immediately refrain from using the WEBSITE in any of its parts or sections.

ACCESS AND USE OF THE WEBSITE

Access to and use of the WEBSITE is free of charge for USERS. USERS may browse the WEBSITE without registering or creating an account. The WEBSITE provides a digital environment in which products offered by Miss Marce may be purchased, under the scope of these TERMS AND CONDITIONS.

Through the WEBSITE, Miss Marce provides USERS with access to various information related to its business, as well as the possibility of acquiring Miss Marce’s products and/or services. USERS agree to use the WEBSITE and its content in accordance with applicable laws, these TERMS AND CONDITIONS, and public order.

ELIGIBILITY TO ACCESS SERVICES

All content and services offered to USERS through the WEBSITE are directed solely to adults with the legal capacity to enter into contracts. In case of a minor’s violation of these TERMS AND CONDITIONS, responsibility—including liability for damages—falls on the parent or legal guardian.

PURCHASE AND DELIVERY OF SERVICES AND PRODUCTS

Through the WEBSITE, USERS may purchase products and/or services related to Miss Marce’s business, subject to the prices and applicable delivery charges, and according to the payment method selected by the USER. By doing so, the USER agrees to this Adhesion Contract included in the TERMS AND CONDITIONS.

For third-party products marketed through the WEBSITE, the third party will be solely responsible for product damages or claims. In such cases, the commercial relationship exists directly between the USER and the manufacturer, supplier, and/or distributor.

By placing an order through the WEBSITE, the USER agrees to:

  • Pay the price of the selected goods and/or services.
  • Authorize the relevant bank verifier to pre-approve the transaction and obtain final authorization at the point of sale. Purchases may be made using Visa, MasterCard, or AMEX credit cards, or debit cards issued within Mexico.

Miss Marce undertakes to fulfill its commitments and obligations as long as the USER complies with their own obligations, particularly regarding payment.

FORCE MAJEURE

Miss Marce is not responsible for force majeure events. The USER accepts that unforeseen circumstances may occur, such as adverse weather, construction, road closures, protests, or any other event that may delay or suspend delivery times.

BILLING

By law, USERS who purchase products and/or services online may only request an invoice during the same month the purchase was made. Invoices must be requested by email and include the relevant billing information. Billing contact: info@missmarce.mx

LIABILITY

By accessing the WEBSITE, the USER acknowledges and agrees that use of the WEBSITE and its contents is at their sole and exclusive risk. Miss Marce will not be responsible under any circumstances for any malfunction or problem with the USER’s hardware or software used to access or browse the WEBSITE.

Miss Marce shall not, under any circumstances, be liable for damages, losses, or expenses—direct, indirect, incidental, or consequential—arising from use or inability to use the WEBSITE, from performance failures, errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, or system or line failures. The use of links to other internet websites is at the USER’s own risk.

The USER is liable for any damages or losses of any nature caused by violating these TERMS AND CONDITIONS or applicable law, thereby releasing Miss Marce from all civil, criminal, administrative, or other liability. Should Miss Marce be sanctioned by a competent authority for matters related to USER responsibility, Miss Marce will notify the USER, who must reimburse Miss Marce within 15 calendar days for any amounts ordered, including costs, fees, and expenses. In case of delay, the USER must pay Miss Marce a penalty equivalent to the principal amount.

INTELLECTUAL PROPERTY, TRADEMARK AND LOGO RESTRICTIONS

“INTELLECTUAL PROPERTY” includes all rights over trademarks (registered or pending registration) used by Miss Marce in Mexico or abroad, as well as rights over inventions (patented or not), industrial designs, utility models, trade names, commercial notices, copyrights, domain names, and any other industrial or intellectual property rights recognized by law.

The USER agrees not to use, commercialize, disclose to third parties, distribute, gift, reproduce, copy, sell, transmit over the internet or other media, store, license, modify, create derivative works from, or publish any of Miss Marce’s brands, trademarks, trade names, or other intellectual property without prior written consent from Miss Marce.

Miss Marce grants the USER a non-exclusive, non-transferable license solely to access and display the WEBSITE on a personal device. No other licenses or rights regarding INTELLECTUAL PROPERTY are granted. The USER acknowledges that all intellectual property rights of the WEBSITE belong to Miss Marce, including any modifications, adaptations, or configurations.

DATA PRIVACY

In accordance with the Federal Law on the Protection of Personal Data Held by Private Parties, the USER expressly acknowledges and agrees that any personal data provided when accessing the WEBSITE will be protected and processed according to said Law and Miss Marce’s Privacy Notice. The USER is responsible for reviewing the Privacy Notice available on the WEBSITE. See Privacy Notice.

CLAIMS, CLARIFICATIONS, AND/OR COMMENTS

Miss Marce provides the email info@missmarce.mx for any claims, clarifications, or comments regarding the WEBSITE or these TERMS AND CONDITIONS.

The USER accepts that any reviews, comments, suggestions, or opinions submitted to Miss Marce may be copied, modified, deleted, adapted, published, and distributed by Miss Marce in any form, medium, or technology.

OTHER PROVISIONS

Form: The USER agrees that a printed version of these TERMS AND CONDITIONS, as well as any communication sent or received electronically, shall be admissible as evidence in any judicial and/or administrative proceeding.

Rights: Any rights not expressly granted herein are reserved by Miss Marce.

Governing Law and Jurisdiction: These TERMS AND CONDITIONS are governed by Mexican law. The USER and Miss Marce expressly agree that all matters related to this document (interpretation and enforcement) and any issues not expressly covered herein are subject to current Mexican law, and where applicable, international law. In case of disputes, both parties agree to attempt resolution through negotiation. If unsuccessful, the competent courts of the State of Nuevo León, Mexico, shall have jurisdiction, with both parties waiving any other jurisdiction that may apply due to their domicile or other causes.

Last updated: May 2023.