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TERMS AND CONDITIONS

OBJECT
 

​This document constitutes an adherence contract for the use of any of the Internet pages www.kitxens.com or other different linked domains (after "Website" and/or "Web Page") that are established: on one part, PUE MEXICO S.A.P.I. DE C.V. (after "Kitxens" and/or "the Company"), in its capacity as responsible, and on the other part, the User, both parties subjecting themselves to what is established in this document.

ACCEPTANCE OF TERMS AND CONDITIONS
 

​By entering and using these Internet portals, identified with the domain names www.kitxens.com, property of PUE MEXICO SAPI DE CV, the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares their acceptance using electronic means, in terms of what is provided by Article 1803 and other related ones of the Federal Civil Code (México)

​For this contract, the parties agree that by “User” it is understood any person of any nature who enters www.kitxens.com and/or any of the subpages that display its content and/or the person of any nature who registers and/or uses any of the services offered through such pages.

If the User does not fully accept the Terms and Conditions of this contract, the User must refrain from accessing, using, and observing the Website and/or any other service offered by Kitchens.

​In case the User accesses, uses, and observes the Site, it will be considered as an absolute and express acceptance of the Terms and Conditions of Use stipulated here, the other documents incorporated to them by reference, as well as to the applicable laws and regulations according to current legislation for the use of the Website.
 

Kitxens will not keep an individualized copy of the present agreement celebrated between the User and the Company, so it is recommended that the User keeps a copy of these Terms and Conditions of Use for their own file.
 

​In case the User violates what is expressed in these Terms and Conditions of Use, Kitxens may cancel their use, as well as exclude the User from future operations, and/or take the legal action it deems appropriate for its interests.

USE OF THE SITES www.kitxens.com AND ITS SUBDOMAINS
 

The User and Kitxens agree that:

To be able to use the Website, the User must be at least 18 years old or be accessing under the supervision of a parent or legal guardian.

Kitxens grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described, to purchase personal items sold on the same Page. The User may only print and/or copy any information and/or image contained or published on the website www.kitxens.comexclusively for personal use, so commercial use of such information is expressly and strictly prohibited.

In the case of being a legal entity, it will be subject to the provisions of article 148, section IV of the Federal Law of Copyright. The reprinting, publication, distribution, assignment, sublicensing, sale, electronic reproduction, or by any other means, partially or, of any information, image, document, or graphic that appears on the websites www.kitxens.com, for any use other than non-commercial personal use is expressly prohibited to the User unless they have prior written authorization from Kitxens. Any infringement of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this section, without prior notice.

Certain services and related features that may be available on www.kitxens.com may require registration or subscription. The User acknowledges that, by providing personal information, they grant Kitxens the authorization mentioned in article 109 of the Federal Law of Copyright. If the User decides to register or subscribe to any of these services or related functions, they commit to providing accurate and up-to-date information about themselves, and to quickly update that information if there are any changes.

Each User of the site is solely responsible for keeping passwords and other account identifiers secure. The account holder is fully responsible for all activities that occur under their password or account. Furthermore, the User must notify the Company of any unauthorized use of their password or account. In no way, Kitxens will be responsible, directly or indirectly, for any loss or damage of any kind incurred as a result of the User's non-compliance with this section.

During the registration process, the User agrees to receive promotional emails from www.kitxens.com. However, later on, they can choose not to receive such promotional emails by clicking on the link at the bottom of any promotional email.

Kitxens reserves the right to block access or remove partially or totally any information, communication, or material that at its sole discretion may result in: i) abusive, defamatory, or obscene; ii) fraudulent, artificial, or deceptive; iii) violating copyright, trademarks, confidentiality, trade secrets, or any intellectual property right of a third party; iv) offensive or; v) that in any way contravenes what is established in this contract.

Kitxens does not assume that the content of its Page can be legally viewed outside of the United Mexican States. Access to the content may not be legal for certain people or in certain countries. If the User accesses the content from outside the United Mexican States, they do so at their own risk and are responsible for compliance with the laws within the jurisdiction in which the User is located.

Users are prohibited from violating or attempting to violate the security of the Website and the Affiliate Websites of Kitxens; it is prohibited for the User: (a) to access data which the User is not authorized to use or log into a server or an account which the User does not have authorized access to; (b) try to probe, scan, or test the vulnerability of a computer system or network or to breach security or authentication measures without proper authorization; (c) attempt to interfere with the use of any other User, hosting service, or network, including, without limitation, transmitting a virus to the Website or to Kitxens's affiliated websites; causing saturation of such sites through "flooding", "sending unsolicited mail" (spamming), "mail bombing" or "crashing"; (d) sending unsolicited emails, including promotions and/or advertising of products or services, or; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

The User acknowledges that violations of computer system or network security may result in civil or criminal liabilities. Kitxens will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; the Company will cooperate with the competent authority in the investigation of such violations in the terms established in the applicable legislation.

For proper access to the Site, Users must have the necessary equipment and facilities for their Internet connection (computer, telephone, Smartphone, modem, programs, etc.), being the use of these equipment entirely the responsibility of the same.

Kitxens is exempt from any responsibility that occurs due to interruptions or suspensions of the access service to the Internet caused by the failure of the telecommunications system, in the power supply, fortuitous cases or force majeure or an action of third parties that may disable the equipment that provides access to the network.

Therefore, Kitxens is not responsible for any damage, harm, or loss to the User caused by failures in the system, on the server, or on the Internet. The Company will also not be responsible for any virus that could infect the User's equipment as a result of access, use, or examination of the Site or as a result of any transfer of data, files, images, texts, or audio contained in it. Users CANNOT hold any responsibility nor demand payment for damages, due to technical difficulties or failures in the systems or on the Internet. Kitxens does not guarantee the access and continuous or uninterrupted use of the Site. The system may eventually not be available due to technical difficulties or Internet failures, or for any other circumstance beyond the Company; in such cases, it will try to restore it as quickly as possible without implying any kind of responsibility. Kitxens will not be responsible for any errors or omissions contained on the Site.


INTELLECTUAL AND INDUSTRIAL PROPERTY, AND COPYRIGHT

Kitxens recognizes being the sole owner of the intellectual property rights, whether registered or unregistered, on the sites www.kitxens.com and its subdomains, including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, trademarks, domain names, trade names, and data included on the Website www.kitxens.com. The entirety of the content of our page is also protected by copyright as a collective work under the copyright laws in Mexico and international conventions. All rights reserved.

Users are warned that such rights are protected by current Mexican and international legislation related to intellectual and industrial property and copyright.
 

Copying, reproduction, adaptation, modification, distribution, marketing, license, sending, disclosure, public communication, and/or any other action that generates an infringement of current Mexican or international legislation on intellectual and/or industrial property, as well as the use of the contents of the Site without prior express and written authorization from Kitxens, is prohibited.
 

In case the User transmits to Kitxens any information, programs, applications, software, or in general any material that requires to be licensed through www.kitxens.com, the User hereby grants Kitxens a perpetual, universal, free, non-exclusive, worldwide, and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display them, and perform them publicly.

The established in the previous paragraph will also apply to any other information that the User sends or transmits to Kitxens, including, without limitation, questions, criticisms, comments, and suggestions to renew or improve the Website, whether they have been included in any space of the indicated page or by virtue of other means or modes of transmission known or to be developed in the future. Furthermore, when the User submits reviews or criticisms to the web, they also grant Kitxens the right to use the name that the User sends, in the context of such review, comment, or any other content.

Therefore, the User expressly renounces in this act to carry out any action, demand, or claim against Kitxens, its affiliates, or suppliers for any current or eventual violation of any copyright or intellectual property right derived from the information, programs, applications, software, ideas, and other material that the User sends to the websites www.kitxens.com or its subdomains.

In case of considering that any content published on the Website is violative of intellectual or industrial property rights, the User may make a notification by contacting the Customer Service Center of Kitxens. The User will have to indicate: i) truthful personal data (name, address, telephone number, and email address of the claimant); ii) autograph signature with the personal data of the intellectual property rights holder; iii) precise and complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as the location of such violations on the referred website; iv) express and clear statement that the introduction of the indicated content(s) has been carried out without the consent of the holder of the intellectual property rights allegedly infringed; v) express, clear, and under the responsibility of the claimant statement that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of such rights.

The websites contain links to third-party websites. These links are provided only as a convenience of the websites for the User and do not imply that Kitxens has approved the content of such third-party websites. Kitxens is not responsible for the content of third-party linked websites and makes no representation regarding the content or accuracy of the material on such third-party sites. If the User decides to access third-party websites through these links, they do so at their own risk and responsibility.

​ADVERTISING MATERIAL

The User acknowledges and accepts that some parts of the Website may contain information, images, advertisements, and other advertising or promotional material from third-party sponsors and advertisers (hereinafter "Advertising Material"). Advertisers and sponsors are responsible for ensuring that the Advertising Material submitted for inclusion on the Website complies with relevant laws and regulatory codes. Kitxens is not responsible for any errors or inaccuracies in advertising materials.

Likewise, the User acknowledges and accepts in this act that such Advertising Material is protected by the laws that apply to intellectual and industrial property.

PRODUCT WARRANTY
 

Kitxens acts as a distributor of manufacturers or wholesale distributors that guarantee that the products marketed on the site www.kitxens.com function correctly and do not have defects or hidden vices that can make them dangerous or unsuitable for normal use. However, the use that each User gives to the products is their sole responsibility, without any responsibility from Kitxens.

The duration of the contractual warranty is clearly detailed on the product page of each item and is issued and endorsed by the manufacturer or supplier of each product.

No User may request a warranty broader than indicated there. In such cases, Kitxens will not be obliged to respond to such warranties, nor collect the damaged product(s).

The warranty will lose its validity in case of defects or deteriorations caused by external factors, accidents, especially electrical accidents, wear, misuse, or installation and use not in accordance with the instructions of the supplier or manufacturer.

Products transported, modified, or repaired by the User or any other person not authorized by Kitxens are excluded from the warranty. The warranty will not apply to apparent vices and conformity defects of the product, for which any claim must be formulated by the User in question within 7 (s) natural days following the delivery of the products.

​PRODUCT INFORMATION
 

The information given about each product, as well as the photographs or videos related to them and the trade names, trademarks, or distinctive signs of any kind contained in the Kitxens Site, are displayed exclusively as a guide. Kitxens is not responsible for any errors or inaccuracies in product information.

CREDITS AND PROMOTIONS
 

Kitxens will inform the Users subscribed to the newsletter, by email, all the promotions and future opportunities, with the respective dates and conditions.

Promotions will have specific terms and conditions, and Users interested in participating will be responsible for reading and understanding these terms and conditions.

Kitxens's coupons are not cumulative with other coupons from the same store.

Credits generated by Kitxens's promotional actions (coupons, points, etc.) may be exchanged exclusively for physical products marketed on the Web Pages www.kitxens.com and its subdomains. Credits cannot be exchanged for other credits.

PURCHASE OF PRODUCTS
 

To be able to make the purchase of the products, the User must make the payment of the selected products, taxes, and corresponding shipping costs through the payment service providers that Kitxens makes available to the User on the Website. The User may only purchase products through the Website to be delivered to an address within the territory of the United Mexican States.

Once the purchase is made by the User, through the implicit acceptance of the Terms and Conditions of Use, Kitxens will send an email to the User informing the details of the purchase made.

PAYMENT

The payment of the products purchased on the Site can be made by any of the payment methods offered by the Site, being these, among others: credit card and debit card through PayPal, SPEI, Patreon, etc. The list of payment methods offered may be subject to changes at any time without prior notice to the Users.

The payment by credit card or any other online payment method must be made on the Site.

The order number assigned when making the transaction on the Site does not imply the acceptance of the transaction. In case of having any problem with your order, the User will be communicated by email or by phone.

Kitxens will send the purchase confirmation via email. Only after the payment confirmation will the products be released for delivery to the delivery address indicated by the User.

Kitxens reserves the right to request official documents from its customers, as a means of validation to the process of acquiring products through the Site.

In case of non-recognition by the Corresponding Banking Institution of the charges made by the User corresponding through a credit card and derived from operations carried out on the Site, Kitxens reserves the right to initiate the legal actions that correspond and establish the criminal or civil responsibilities as the case may be or of any other nature, as well as to carry out all those internal actions that could range from charging again to the credit card of said User to the definitive removal of the User on the Site, for which no prior authorization from the User will be needed.

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ORDER ACCEPTANCE AND PRICES
 

All product prices indicated through the Website include VAT and other taxes that may correspond to them. However, these prices do not include the expenses corresponding to the shipping of the products, which will be detailed separately in each order and must be accepted and paid, prior to its shipment, directly and exclusively by the User.

The User must consider that there are cases in which an order cannot be processed for various reasons. In that sense, Kitxens reserves the right to deny or cancel any order for any reason, at any time. Furthermore, it must be clear that additional information may be requested from the User, even before accepting the order.

Kitxens will provide the most accurate price information to the Users, however, certain errors may still occur, such as cases in which the price of an item is not displayed correctly on the Website. As such, the Company reserves the right to deny or cancel any order. In the case that the price of an item is incorrect, Kitxens may, at its discretion, contact the User to request instructions or cancel the order and notify them of such cancellation. It is worth mentioning that Kitxens will have the right to cancel such orders, whether or not the order has been confirmed and paid.

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PRODUCT AVAILABILITY
 

All products offered on the Site are subject to stock and availability, so the delivery time may vary prior notice from us, or even the order may proceed to cancellation and refund of the User's charges in case.

If the offered delivery time is not entirely satisfactory to the User, the cancellation of the order can be requested.

SHIPPING COSTS AND DELIVERY OF PRODUCTS

Kitxens will send the products purchased by the User to the address specified by the User for this purpose as long as such address is complete and within the coverage area communicated by Kitxens.

The delivery time starts from the confirmation of the payment by the bank, online payment platform, or Credit Department of Kitxens.

The products will be sent and delivered to the User by third parties (hereinafter "Transport Companies"). By virtue of the foregoing, the User agrees to subject themselves to the delivery policies of the Transport Companies which are incorporated by reference to these Terms and Conditions of Use.

The term described on the Site is an estimate. Thus, such term may change due to logistical reasons and force majeure. In the hypothesis that any fortuitous event or force majeure may delay the delivery of the products purchased on the Site, Kitxens will be at all times exempt from any responsibility.

In case the User has not received the products within the term declared by Kitxens, they must contact the Company through the customer service center.

The cost of freight will be added to the value of the purchased goods and will be calculated and informed to the User before the confirmation of the purchase. The cost of freight may depend on factors such as the total weight of the merchandise, the distance, and the type of delivery, and may be modified by Kitxens at any time without prior authorization from the User.

At the time of delivery, an official identification (voter ID, passport, FM2 migratory form, or driver's license) will be requested from the person receiving the merchandise, so it is required to have this document at hand at the time of delivery of the purchase.
 

Kitxens suggests that the User verify the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, it is requested not to receive the delivery by the Transport Company and to immediately contact Kitxens's customer service center.

The shipping cost charged to the customer includes the first delivery attempt to the address stipulated by the customers, in case the same package has to be sent again for reasons beyond Kitxens, this second shipment will generate an additional cost that will be charged to the customer to be able to send it again.

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CANCELLATION OF THE PURCHASE OF PRODUCTS
 

The User may cancel the purchase of Products made through the Website, as long as the Products purchased have not left the offices of Kitxens or its suppliers. In case the Products have already been sent by Kitxens or its suppliers, the User will not be able to cancel the purchase made, and will have to follow the procedure presented in the "Returns" section of these Terms and Conditions. The User may consult the status of the purchase made through the My Orders section of the User Account or by contacting Kitxens's customer service center. In case of cancellation of the purchase made by the User, the amount paid by the User will be refunded in accordance with the "Refunds" section of these Terms and Conditions.

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RESPONSIBILITY

The User in this act agrees to indemnify and hold harmless Kitxens and its subsidiaries, controlling company, shareholders, directors, employees, officials, advisors, and agents against any actions, proceedings, liabilities, claims, losses, liabilities, damages, costs, damages, expenses, and costs, as well as the expenses, costs, and fees of lawyers and external advisors that arise or are related to the violation by the User of: (i) these Terms and Conditions, and/or (ii) any laws, norms, decrees, or regulations in force.

Kitxens reserves the right to assume the defense and control of any matter or claim that implies or could imply the payment of compensation associated with any breach of the User. The User agrees to cooperate with Kitxens in the development of the relevant defenses.

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MODIFICATIONS TO THE SITE www.kitxens.com

Kitxens may at any time and when it deems appropriate, without needing to notify the User, make corrections, additions, improvements, or modifications to the content, presentation, information, services, areas, databases, and other elements of such sites, without this giving rise or right to any claim or compensation, nor does it imply recognition of any responsibility in favor of the User.

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VALIDITY, TERMINATION, AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE

The Company, as well as the User, acknowledge that the Terms and Conditions are of unlimited duration, and will come into force from their publication on the Site.

Kitxens reserves the right to make alterations to this document without prior notice. Therefore, Kitxens recommends the User to regularly reread this document so that they are always informed about eventual modifications. The alterations to the contract will become effective immediately after their publication on the Site. Once the modifications are made, it will be presumed that the User who continues to use the Site has full knowledge, has read, and consented to the reformed Terms and Conditions. In case the User does not accept the modified terms and conditions, they must stop using the Website.

Kitxens may at any time suspend access to the Website and/or terminate these Terms and Conditions. The termination of these Terms and Conditions will not imply in any case for Kitxens that it must indemnify the User.

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SURVIVAL
 

These Terms and Conditions of Use, as well as the additional terms, constitute the entire agreement between the parties and replace any other agreement or contract previously made. Any clause or provision of this contract, as well as the additional terms, legally declared invalid, will be eliminated or modified at the choice of Kitxens, in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their force, obligation, and validity.

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ADDITIONAL TERMS
 

Occasionally, Kitxens may review, update, and/or add to the Terms and Conditions of Use of this contract additional provisions related to specific areas or new services that are provided in or through the websites wwww.kitxens.com and its subdomains, which will be published in the specific areas or new services of such site for their reading and acceptance. The User acknowledges and accepts that such additional terms form an integral part of this contract for all legal effects that may occur.

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APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use will be interpreted and governed by the legislation in force in Mexico, Mexico City (Before Federal District), renouncing the application of the Convention on the International Sale of Goods.

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ASSIGNMENT OF RIGHTS

The rights granted to the User should be considered as personal rights and the User may not assign or transmit them, nor authorize any third party to use them in any way. Kitxens may assign totally or partially its rights and/or obligations under its charge to any third party, subsidiary, or controlling company of Kitxens without prior authorization from the User. By virtue of such assignment, Kitxens will be released from any obligation in favor of the User, established in this contract.

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NO WAIVER OF RIGHTS

Inactivity by Kitxens, its affiliates, or suppliers in the exercise of any right or action derived from this contract, at no time should be interpreted as a waiver of such rights or actions.

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INDEMNIFICATION

 

The User agrees to indemnify Kitxens, its affiliates, suppliers, vendors, and advisors for any action, demand, or claim (including attorney fees and legal costs) arising from any breach by the User of this agreement; including, without limitation of any of those derived from:

Any aspect related to the use of the site www.kitxens.com

The information contained or available on or through said Site or for insults, defamation, or any other conduct in violation of this contract by the User in the use of the indicated Web Page.

The violation of applicable laws or international treaties related to copyright or intellectual property, content or available on, or through said websites.

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OTHERS

If any provision established in these Terms and Conditions is illegal, null, or impossible to enforce in any jurisdiction, it will not affect: (i) the legality, validity, or exercise in that jurisdiction of any other provision of this agreement; or (ii) the legality, validity, or exercise in any other jurisdiction of such or any other provision of this agreement.

Kitxens may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same, unless expressly acknowledged by Kitxens, or prescription of the action that corresponds in each case.

The headings of the clauses are incorporated into it only for convenience and for better handling, so they will in no way be considered for the purposes of its interpretation, nor will they affect the obligations contained therein.

These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices that are published or communicated, from time to time, by Kitxens through its Websites, constitute the entirety of the agreement between the User and Kitxens in relation to the Services offered by Kitxens through its websites.

PUE MEXICO S.A.P.I. DE C.V.

www.kitxens.com


info@kitxens.com

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