Terms and Conditions


JOYEROS VAZQUEZ, S. A. DE C.V. hereinafter the “Company” through its internet webpage at danmaik.com will sell to any person herein referred to as “User” who will be able to buy all kind of items published in the page.

Company’s webpage: It is DANMAIK’s website found at the url address danmaik.com., where DANMAIK publishes Products for Sale and in order to buy them the user must register first, then Place an Order, contact DANMAIK under the tab of Customer Service and send an email to info@danmaik.com., among many others.

Statements:

DANMAIK declares that it is a Company legally incorporated under the Mexican Laws and that it has all permits necessary to reach its Social Object without any hindrance or limiting factor whatsoever that prevents it to accomplish its aforesaid Object which includes entering into the Agreement hereby.

DANMAIK grants to the User a restricted personal licence, non exclusive, untransferrable, revocable, for an indefinite term pursuant to the Terms and Conditions herein, to use the Site, in order to endorse, declare or be interested to buy via Sale Offer the products published in the Webpage. The way to use the Site depends on personal preferences and is untransferrable.

DANMAIK declares to be the owner of the Goods or Products found in this Site for their Sale, besides of all the elements covered by intellectual property norms. All the aforementioned is to be applied for the effect of the Agreement.

DANMAIK declares that the net content of the Product published under Sale Offer meets the Quality of materials used for their manufacture which are specified under Sale Offer.

DANMAIK reserves for itself all the rights not expressly granted under this instrument.

This contract and any of the rights and licences derived hereof shall not be transferred or assigned by the User but DANMAIK will be able to transfer or assign them irrestrictively.

The User accepts the Terms and Conditions herein and hereby and binds to all of them.

The User agrees that guaranty exemptions and liability limits set forth hereinabove are basic elements of those Terms and Conditions.

The User knows that data traffic enabling the access to the Site is supported by the operator’s telecommunications services chosen and hired by the User totally independently from the Site.

The User recognizes that commissions charged by the telecommunication service operator he has chosen and the taxes applied thereoff may affect the data traffic required for eventual downloads and pop ups announcing the appearance of a third party in the device.

The User declares and recognizes that the download of any content in the Site does not assign him/her the property upon any brand displayed in the Site.

Restrictions:

Any breach from the User to the Terms and Conditions herein will derive in DANMAIK’s right to notify at any time and without the need of a prior notice, the suspension or termination of service provision and/or withdraw or deny the access to the breaching User into the Site, as well as to remove him/her from the Records.

The Site is only used for legal purposes.

It is totally forbidden to copy, distribute, broadcast, rebroadcast, publish, print, spread and/or trade the material and/or content revealed to the public through this Site without previous express consent in writing of DANMAIK, or if applicable, of the holder of the respective property rights. Breaching the aforementioned will be subject to all corresponding civil claims and criminal fines.

MINORS’ PARENTS OR TUTORS ARE RESPONSIBLE OF THEIR ACTIONS PURSUANT TO THE TERMS AND CONDITIONS HEREIN, INCLUDING DAMAGES CAUSED TO THIRD PARTIES AND ACTIONS AGAINST THE LAW AND THE PROVISIONS OF THIS AGREEMENT. NOTWITHSTANDING THE URSER’S LIABILITY WHENEVER HE/SHE IS NOT THE PARENT OR LEGAL REPRESENTATIVE OF THE BREACHING MINOR..

At the time of the Registration of the User, it will not be accepted and can be cancelled at any time, email addresses or any data containing graphic-denominative expressions or graphic sets which have priorly been chosen by another User or which in another way could injur, be rude, coincide with other brands, trademarks, firms’ ads, companies’ names, advertising expressions, people’s names and pseudonimes of public relevant, famous persons or registered by third people, whose use is not authorized or which in an overall scope is contrary to the law or to moral requisites and good general well accepted manners, as well as expressions which could induce other people to mistakes, clarifying herein that the User will have to respond for incorrect use in civil and criminal sectors, as applicable.

The User must not upload, publish or in any way use the Site’s materials protected with copyright, trademarks or any other intellectual property right without previous and express authorization of the holder of the hereinabove mentioned right.

Duration of the Contract

The Agreement ends at the time the parties hereby have complied with their obligations..

DANMAIK can Terminate in advance the Contract if:

• The Price is not paid on time, thus the parties hereby expressly agree that if full payment is not done it will be entirely entitled to terminate the Contract.
• The User breaches any of the obligations derived herefrom..

DANMAIK can choose between demanding the compliance with the obligation of paying the price or terminate the Contract and ask for indemnity; it will also be able to demand the remedy for damages or injuries.

Validity of Terms and Conditions

The Company and the User hereby recognize that the Terms and Conditions herein have an indefinite validity time.

DANMAIK reserves the right to modify this instrument without prior notice. By virtue of the aforesaid, DANMAIK recommends the User to regularly read this document to be always informed about eventual ammendments. These modifications to the Contract will be effective after their publication in the Site.

Once the ammendments are done, it will be assumed that the User who continues to use the Site would have read, approved the ammended Terms and Conditions and will be fully knowledgeable.

DANMAIK can terminate unilaterally this instrument by priorly notifying the User, in a term of 1 (one) day, and as the Company may deem pertinent, the notice can be posted in the Site or given in writing.

If DANMAIK terminates the Terms and Conditions or closes the Webpage, it should do it by previously analyzing the Status of the Agreements thereby DANMAIK will not be obliged to indemnify the User.

Jurisdiction: In the event of a conflict related to the Agreement, DANMAIK has total willingness to reach an agreement with the User to solve the Conflict. If said agreement is not reached, in cases not pertaining to provisions in the Contract, it will be taken to the respective judicial instance before the Consumer’s Prosecutor Office or to the Courts of the City of Guadalajara, Jalisco, Mexico.

Interpretation: To construe upon the terms and conditions herein one should abide by the provisions set forth in them, to the glossary which can be referred to by the user, to the note of confidentiality, as well as the legal provision contained in the terms and conditions hereby and to our Mexican Law in effect.

Data Protection: Data provided by the User must be treated pursuant to data protection laws applicable, for which the User provides his full and express consent. The User can use his access, rectification and cancellation rights by a communication in writing addressed to the Company. The holder of personal data is entitled to use his rights to access them freely. For Personal Data effects, the User must check the Notice of Privacy in the Site.

Access and use of the Site: The Site as well as any other Site in any way available in the Site (hereinafter referred to as the “Microsites”) are private property and any interaction must be conducted in conformity to this document. Notwithstanding the other User’s obligations set forth under the Terms and Conditions hereby, the User committs himself to (I) not use the contents and products of the Site to breach the law, the morale, the good manners, the rules and intellectual property rights, the dignity, the private life, the image, the personal and family intimicay; (II) observe the highest ethical and moral norms in force in Internet and the applicable national and international laws; (III) not use the User Registration, contents and products provided pursuant to the Terms and Conditions herein to transmit or reveal illegal, difamatory, breaching, abusive, threatening, obscene, damaging, vulgar, hurting or in any way censurable material; (IV) not send unrequested messages, recognized as spam, junk mail or chainletters; not use content type Services and products provided in conformity to the Terms and Conditions hereby to send /spread any type of virus or files containing any kind of virus or which could damage their sender or third parties; (V) to comply with all applicable laws regarding data transmission from Mexico or the territory in which the User lives; (VI) not get or try to get access to other network systems or computers connected to the Site’s contents and products; (VII) to be responsible fully for the content and information of emails which will be forwarded as well as for the content and information posted in the Site’s Promotions; (VIII) not to interfere or interrumpt the Services or servers or networks connected to the Services, contents and products supplied by means of the Site or the Micro-sites; and (IX) comply with the procedures, norms and regulations applicable to the contents and products of the Site, spread in the pages and links of every content of the Micro-sites.

The User must not send or transmit through the Site any content or information containing any kind of propaganda or proposal related to any product and/or service. The User shall not reveal or make any commercial, religious, political or any other kind of offer even without commercial purposes, including but not limiting, the offers made to the Users inviting them to be Users of other services which could also compete against the services provided by the Company.

Billing Policies

1. The User must call Customer Service Hotline (33) 3669-0894, (33) 3669-0895 to request the invoice within the current month in which the the purchase was done. Purchases of previous months could not be invoiced.

2. When the invoice is requested it is required to have at hand the following fiscal information to be provided:

• Federal Taxpayer ID (RFC for Registro Federal de Contribuyentes) with its homoclave.
• Full name of the person or company
• Complete Fiscal Address including street, neighborhood, delegation or municipality, state, country and zip code.
• Form of Payment, either cash, electronic bank or fund transfer, personal checks or debit, credit, service cards or the so called electronic wallets authorized by the Tributary Administration Service (Servicio de Administración Tributaria).
• Indicate at least the last 4 digits of the payment account

3. The User must provide his/her e-mail to receive the invoice in no more than 5 working days.

Any behaviour of the User, which under the exclusive criteria of the Company, could restrict or inhibit the use of the Site or Micro-sites by other users, third parties or DANMAIK, is expressly forbidden.

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