TERMS AND CONDITIONS SECURE ON-LINE TRANSACTIONS
In the buying process at www.mxporting.com by pressing the "Buy Now" button that appears with every product on the site, the user is implicitly indicating s/he has read and agreed to SOT´s Terms and Conditions and Privacy Policy. These Terms and Conditions are independent and additional to those of Mxporting.
This agreement outlines the general terms and conditions applicable to the use of the services offered by Secure On- Line Transactions S.C hereinafter "SOT" which is a company that will be in charge of verifying, corroborating and centralizing payments, this in order to avoid any kind of fraud. Any seller and buyer wishing to access and / or use the site or services may do so subject to the Terms and Conditions.
ANY SELLER OR BUYER THAT DOES NOT ACCEPET THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE AN OBLIGATIONAL AND BINDING CHARACTER, MUST REFRAIN FROM USING THE SITE AND / OR SERVICES.
The seller and buyer should read, understand and accept all the conditions set out in the Terms and Conditions.
1. Capacity
Services are only available to sellers and buyers who have legal capacity to contract. Seller and Buyers who do not have such capabilities may not use these services.
2. Amendments to the Agreement
SOT may amend the Terms and Conditions at any time by making them public in the Site. All modified terms will come into force as soon as they are published and users will be notified by mail.
3. List of Goods
3.1. SOT is no way or manner responsible for the quality, quantity, color, size, weight etc. of any products sold by the sellers or purchased by the buyers.
3.2 Users should verify the products information and verify all selling conditions, due to the fact that once a Buyer establishes an order to purchase it is full responsibility of the buyer and acquires a payment commitment.
4. Buyer Obligations
4.1 When confirming the purchase of an item the Buyer agrees to be bound by the terms of the sale included in the item description.
4.2 Buyers must pay in the conditions established for the goods they purchase.
4.3 Purchase will be considered valid only once they have been processed by the computer system and when the Buyer has paid to SOT for the product.
4.4 Once buyers press the "submit" button they are obliged to pay for the products and if fail to do so, will be sanctioned.
4.5 Buyers will make the corresponding payments to SOT for the products purchased in the established time.
4.6Buyers will make the corresponding payments to SOT for the shipping and applicable custom taxes in the established time.
4.7 Buyers will take full responsibility for the products that they purchase.
4.8 All transactions have applicable banking fees, thus these fees will be discounted from the original payments.
5. Sellers Obligations
5.1 The Sellers must provide a full and clear description of the characteristics of the goods offered.
5.2 The Sellers must meet all sales obligations of quality, quantity, condition and size.
5.3 The Sellers must deliver the products to FedEx in the established time.
5.4 The Sellers in a prudent and reasonable manner must resolve all disputes that may arise with the user Buyers, exempting SOT of all and absolute responsibility.
5.5 Sellers must provide and send, in a reasonable amount, all information and samples that are requested by the buyer.
6. SOTs Obligations
6.1 SOT will provide an account to which the buyers will be able to make their corresponding payments.
6.2 SOT will hold the payments made by the buyer until the products s/he purchased have been retrieved and are under FedEx´s custody, in order to proceed with the shipment process.
6.3 Once FedEx has confirmed the retrieval of the products, SOT will then liberate the payment made by the buyer and deposit it to the seller, after discounting banking transaction fees
6.4 If a seller does not deliver the purchased product to FedEx in the established time, SOT will not take responsibility for the breach in the agreement. However, SOT will then return the payment made back to the buyer just taking into account the bank transaction fees.
Taxes. As current tax rules, the buyer should demand invoice or ticket to the Seller company as proof of the transaction.
7. Prohibitions and Sanctions
7.1 Buyers may not: (a) manipulating the prices of items, (b) insult or attack other users.
Such activities will be investigated by Mxporting and the offender shall be liable to suspension or cancellation of their user account and proceed with the application of the correspondent laws.
7.2 If a Buyer fails to pay for the product purchased s/he will be sanctioned by the cancellation of their user account in Mxporting.
7.3 The Sellers and Buyers accept not to carry out any negotiations outside the platform or by any other communication channels other than that of the platform, if so they will be sanctioned.
8. Violations of system or Databases
The use of any action, device, software or other means intended to interfere with the activities, operations, descriptions, accounts or databases in Mxporting will be sanctioned. Any intrusion attempt or activity that violates or is contrary to the laws on intellectual property law and / or the prohibitions set forth in this agreement shall be subject to its responsibility for the appropriate legal action, and the penalties provided by this agreement, as well as make the buyer responsible and have them compensate for the damages.
9. Disclaimer SOT only makes available to Sellers and Buyers, an account where their payments will be centralized in order to protect both parties. SOT is not the owner of the items offered and it does not have possession of them nor can it dispose of them for sale. SOTis not involved in the improvement of operations conducted between the Sellers and the Buyers, or for any conditions which they might agree upon.SOT is not liable regarding the existence, quality, quantity, condition, integrity or legitimacy of the offered goods acquired.
Because SOT has no participation throughout the time the article is published for sale, nor in the subsequent negotiation and refinement of the final contract between the parties, SOT will not be responsible for the effective fulfillment of the obligations assumed in refining the operation. SOT is not responsible for the services provided by third parties such as Cescemex and FedEx. Buyers know and accept this when conducting transactions with Mexican companies and third parties under their own risk.
SOT recommends caution and common sense when dealing with Sellers and third parties. Also, the buyer should verify all information regarding the products and if there is any doubt they should contact the company responsible before confirming their order. And if necessary request prior to a purchase, samples of the product.
Should one or more buyers or any third party initiate any claim or legal action against another or other expenses, each and every one of those involved in such claims or actions exempt from any liability SOT and its directors, officers, employees, agents, operators, agents and attorneys.
SOT will be responsible for receiving and holding the payments the buyers make to the Sellers for the products purchased, until the products have been delivered to FedEx .During this period no interest rates will be applied. In case a company does not deliver the purchased good to FedEx, SOT will be responsible for returning the payment back to the buyer, subtracting the banking transactional fees. The Sellers will also be charged for the infringement.
10. Scope of services SOT
This agreement does not create any partnership contract, terms of reference, franchise or employment relationship between SOT and the Buyer and Seller. The Buyer understands and accepts that SOT is only responsible for the centralization of payments and it does not have any control over the quality, safety or legality of the items advertised, truth or accuracy of the adds.
11. Faults in the system
SOT is not responsible for any damage, injury or loss caused by flaws in the system, on the server or on the Internet to the Buyer. Mxporting is not be liable for any viruses that could infect the Sellers or Buyer´s computer as a result of its access, use or examination of the website or following any transfer of data, files, images, text, or audio content in it. Sellers and Buyers may NOT attribute any responsibility or demand payment for lost profits, by virtue of damage resulting from technical difficulties or failures in the systems or the Internet. SOT does not guarantee access or uninterrupted and continuous use of its site. The system may eventually not be available due to technical difficulties or failures of the Internet, or any other circumstance beyond SOT´s control; in such cases will seek to restore as quickly as possible.
12. Jurisdiction and Applicable Law
For all matters relating to the interpretation and compliance with these Terms and Conditions, the parties are subject to applicable laws and court of competent jurisdiction of the City of Mexico, D. F., and disclaim any jurisdiction other than by reason of their present or future domiciles may correspond. The procedures will be carried out in Spanish.
|