Terms & Privacy

TERMS OF USE

Welcome to [ATENTICA], the website and online service of Cultura Creativa Attente, S.A. de C.V. The use of [ATENTICA]’s web site (the “Website”) indicates your unconditional acceptance of these terms of use. We reserve the right, in our sole discretion to update or revise these terms of use & privacy policy. Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.

You may use the site only in accordance with and subject to these Terms of Use and the Website’s Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us and you become a member. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of [ATENTICA] or others.

[ATENTICA] may change, suspend, or discontinue this Website, and the items sold on this Website may be altered by the relevant merchant at any time, for any reason, without notice. The Website may become unavailable from time to time due to maintenance or malfunction. These Terms of Use may also be amended from time to time, and it is the responsibility of the viewer to review these Terms of Use for any changes. Your use of the Website after any changes to the Terms of Use will signify your acceptance of these terms.

THE INFORMATION AND MATERIAL PROVIDED ON THIS WEBSITE ARE GIVEN “AS IS.” WE DO NOT GUARANTEE THAT: (1) THE INFORMATION OR MATERIAL IS ACCURATE, COMPLETE OR RELIABLE; (2) THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS; (3) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. WE DO NOT WARRANT, ENDORSE OR ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE OFFERED BY ANY THIRD PARTY WEBSITE OR IN RESPECT TO ANY OTHER WEBSITE LINKED ON THE WEBSITE OR FEATURED IN OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE PARTY IN ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY OTHER THIRD PARTY. WE ARE EXEMPT FROM ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES, WITHOUT LIMITATION. ANY DAMAGES THAT RESULT FROM (1) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED IN THIS WEBSITE, (2) THE COST OF PROCURING SUBSTITUTE GOODS, INFORMATION OR SERVICES, (3) ERRORS OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN COUNSELED ON THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENSINO PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE TO INDEMNIFY AND HOLD [ATTENTE] AND ITS DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEY’S FEES MADE BY ANY THIRD PARTY DUE TO OR RESULTING FROM YOUR BREACH OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY LAW OR RIGHTS OF A THIRD PARTY.

 

DEFINITIONS

“Seller” means Cultura Creativa Attente, S.A. de C.V. whom does business as [ATENTICA], whose registered office is at Anillo Vial II Junipero Serra 2450, Valle de Juriquilla II, Santiago de Querétaro, México, 76230.

“Buyer” means the person who purchases Goods from the Seller.

“Faulty” means containing a fault or defect, imperfect or defective, and “Fault” has a corresponding meaning.

“Goods” means the goods or services which the Seller sells to the Buyer.

“Order” means the Buyer’s offer to purchase Goods from the Seller, as submitted by the Buyer to the Seller via the Order page on the Website.

“Order Confirmation” means the Seller’s written confirmation that it will sell Goods to the Buyer in accordance with an Order from the Buyer.

“Pre-Arrival Experience” means the estimated 5 to 15-week process for the creation of your piece. In this process the Seller will share with the Buyer material steps regarding the development of the purchased piece and an initial schedule with the estimated time of delivery.

“Purchase Price” means the price to be paid by the Buyer for the Goods, as set out in the Order Confirmation, and any applicable sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling.

“Sales” means the time period which begins at such time and date determined by the Seller where the Seller advertises a particular Good on the Website or otherwise and is accepting Orders for such Good, and ending on the time and date determined by the Seller where the Seller stops accepting Orders for such Good.

“Special Conditions” are any terms and conditions imposing additional restrictions, obligations and/or conditions on any Orders that are set out in the Order Confirmation.

“Terms and Conditions” means these terms and conditions of sale, the Order Confirmation, including any Special Conditions and any policy referred to herein.

“Website” means [ATENTICA.com] and all pages on the website.

BASIS OF SALE

To submit an Order, the Buyer may register for an account with us or may opt to choose for an express checkout to complete his/her purchase.

By submitting an Order, the Buyer is bound by these Terms and Conditions.

These Terms and Conditions and any document referenced herein form the entire agreement between the parties for the Ordering and the purchase and sale of Goods. The parties expressly exclude any other terms, including any terms and conditions which the Buyer may purport to add to any Order or other document. To the extent that any provision in Buyer’s Order or other document purports to supplement, amend or delete any provision in these Terms and Conditions, such provisions shall be deemed to be void, excluded and are not binding on the Seller.

Any variation of these Terms and Conditions by the Buyer will only bind the Seller if agreed in writing between authorized representatives of the Seller and the Buyer and further provided that such writing specifically references this Section of these Terms and Conditions.

The Seller’s employees are not authorized to make any representations, warranties or conditions concerning the Goods unless confirmed by the Seller in writing. The Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.

MEMBERSHIP ELIGIBILITY

The [ATENTICA] Service is not available to minors under the age of 18 or to any users suspended or removed from the system by a [ATENTICA] for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your [ATENTICA] account to another party. If you do not qualify, you may not use the [ATENTICA] Service or the Website.

If at any time, we notify you that your access to and/or use of the Website or your account is terminated, you must cease and desist from all such access and/or use immediately. If we terminate your use of the Website for any of these reasons or otherwise for cause, we will not refund any fees you may have paid for goods we have shipped. You understand that we may also continue to make your User Content available on the Website even if your use of the Website is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Website.

ORDERS AND ACCEPTANCE

Buyer may submit an Order to Seller during a Sales. Seller has the sole discretion to determine the beginning, duration and end of all Sales. Seller may terminate a Sales at any time, in its sole discretion.

All Orders are subject to acceptance by the Seller, evidenced as the Seller issuing an Order Confirmation. The Buyer’s Order constitutes an offer to purchase Goods at the Purchase Price in accordance with these Terms and Conditions, and is not binding on the Seller unless and until the Seller has issued an Order Confirmation. If the Buyer would like to change or cancel an order, the Buyer can contact Customer Service within five (5) hours of making the purchase. [ATENTICA] will do its best to accommodate the request. [ATENTICA] CANNOT change or cancel an order after Buyer receives Atentica’s Pre-Arrival Experience.

The timeframe for delivery will be from approximately 5 (five) to 15 (fifteen) weeks due to the highly crafted process involved in creating the pieces. 24 (twenty four) hours after your order is placed, our “Post-Sale” Team will send  your piece’s Pre-Arrival Experience, which will keep you up to date with your piece’s progress throughout its creation. [ATENTICA] will not be held responsible for any delivery within or exceeding the aforementioned timeframe since the Goods are pieces of art implicating a thorough process for their creation.

At any time during and after the sale is made to the Buyer, the Seller reserves the right to reject the Buyer’s Order in whole or in part without any liability to the Buyer, for any reason or for no reason, as determined by the Seller in its discretion, including if the Goods are unavailable due to unforeseen circumstances (including Orders exceeding reasonably anticipated demand), or are in imperfect condition at the expected time of shipment.

The Seller may reject or cancel an Order for which an Order Confirmation has been issued for the following reasons:

• Orders received by the Seller for a particular Good exceed the Seller’s reasonably anticipated demand;

• The description of the Goods on the Website, the Order and/or the Order Confirmation is incorrect due to a typographical error, failure to update, or inaccurate information received by the Seller from any person or for any other reason. All content on the Website, including any descriptions, specifications, drawings or prices of the Goods, is published for guidance only. The Buyer acknowledges that such information is provided to the Seller by third party manufacturers and that the Seller is not liable for mistakes in such information. Seller’s sole remedy in such event is to return the Goods in accordance with the return procedure set out below.

• In the event of a rejection or cancellation as set out in Sections 3 or 4, the Seller has no liability or obligation to the Buyer whatsoever, including any obligation to source an alternate supplier of the Goods, find a replacement Good, and/or pay any consideration to the Buyer.

• The Seller may make minor modifications / substitutions in the design and specification of the Goods at any time without notice to the Buyer, even if an Order Confirmation has been issued. It is important to consider that due to the handcrafted process implicating the Goods, these may come out with some variations which actually enhance the Good’s authenticity. In the case of material modifications to the Goods, the Seller shall notify the Buyer of such material modifications. The Buyer may accept or reject the Good as modified within 48 hours of the email being sent by the Seller. If the Seller has not received a response from the Buyer within this time period, the Seller will refund the Purchase Price as per the original payment method(s) and cancel the Order, even if an Order Confirmation has previously been issued.

SHIPPING

IV.I.         COSTS

Shipping costs for your order will automatically populate at checkout based on your order weight, volume and destination. Most orders will be shipped through USPS Priority and take 8 to 10 business days. If you haven’t received a notification 10 days after your order shipped, be sure to check with your local post office to see if any import duties or additional information is needed to complete your order.

IV.II.        SHIPPING TIME

The timeframe for delivery will be from approximately 5 (five) to 15 (fifteen) weeks due to the highly crafted process involved in creating the pieces. 24 (twenty four) hours after your order is placed, our “Post-Sale” Team will send  your piece’s Pre-Arrival Experience, which will keep you up to date with your piece’s progress throughout its creation. [ATENTICA] will not be held responsible for any delivery within or exceeding the aforementioned timeframe since the Goods are pieces of art implicating a thorough process for their creation.

Once your items have shipped (after they are created), they’ll reach you in 7-10 business days with our standard shipping. We also offer a Premium Shipping option that will have your order arriving in 3-5 days after shipping.

Once your order is on the way, we’ll send you an email with your tracking info. This email is separate from your order confirmation email, so be on the lookout for both of those emails in your inbox.

Since all of our products are handmade in small batches, occasionally items have a delayed shipping date. You’ll see this on the product page, and we’ll remind you again in your order confirmation.

Locating your Package:

To find out the location of your package, take a look at the tracking info that was emailed to you. Just a reminder that this email will be separate from your order confirmation email, so be careful not to miss it!

If you want to change the address or simply learn the whereabouts of your package, you can contact the carrier directly.

V.           ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution. You are fully responsible for the security of your account and password and any misuse of this information. By creating an account, you agree to notify [ATENTICA] of any unauthorized use of your account. [ATENTICA] does not assume any responsibility and is not liable for any damages resulting from your failure to keep your account and password secure. Buyers cannot transfer or share their account with anyone else.

VI.          ADVERTISED PRICE, PAYMENT, CURRENCY AND SHIPPING

1.  All advertised prices shown on the Website are exclusive of applicable sales, use, excise, goods and  services / harmonized and other taxes, freight, shipping and handling. Any such fees and charges that are charged to or collected by the Seller are added to the advertised price, as shown in the Order Confirmation and are the responsibility of the Buyer.

2.   If the Goods are shipped to a location outside of Mexico, there may be additional export/import duties, tariffs, charges, taxes and other fees which are levied on the Goods. The Buyer is responsible for payment of any such amounts. Please note that the Seller has no control over these amounts and cannot predict how much they will be. Please contact your local customs office for further information before placing your order.

3.  The Buyer will pay the Purchase Price in accordance with the procedures set out in the Seller’s Website.

4.  Payment is made by credit card. The Seller will charge the Buyer’s credit card immediately upon acceptance of the Order and issuance of the Order Confirmation.

5.  The Buyer may redeem any existing credit on the Buyer’s account towards the price of the Good, but credit may not be applicable to all sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling, provided that credits for Goods previously returned by the Buyer and accepted by the Seller may be applied towards the cost of freight, shipping and handling. All credits must be redeemed prior to the Buyer submitting the Order.

6.  All prices shown are U.S. dollars unless otherwise noted. The Buyer is responsible for any variations and fluctuations in the exchange rate between U.S. dollars and Buyer’s local currency and any exchange fees charged by Buyer’s credit card company.

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VII.          DELIVERY

  1. The place for delivery of the Goods will be set out on the Order Confirmation.
  2. Any dates quoted for delivery of the Goods are estimates only. Time for delivery will not be of the essence and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused. The timeframe for delivery will be from approximately 5 (five) to 15 (fifteen) weeks due to the highly crafted process involved in creating the pieces. 24 (twenty four) hours after your order is placed, our “Post-Sale” Team will send  your piece’s Pre-Arrival Experience, which will keep you up to date with your piece’s progress throughout its creation. [ATENTICA] will not be held responsible for any delivery within or exceeding the aforementioned timeframe since the Goods are pieces of art implicating a thorough process for their creation.
  3.  
  4. The delivery of Goods may arrive in separate shipments if a Buyer purchases multiple products per order. In the event that the quantity of Goods delivered is less than the quantity of Goods as indicated on the accompanying invoice or bill of lading, the Buyer shall accept the Goods delivered, shall note the shortage on the carrier’s bill of lading, if possible, and shall notify the Seller of the shortage. For clarity, the Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an Order. The Buyer shall pay for such delivered Goods as if it was a delivery of an Order in instalments.
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  6. If the Goods are alleged to be damaged on delivery, a description of the alleged damage or Fault must be given in writing to the carrier at the time of delivery, if the alleged damage or Fault is obvious upon receipt. The Buyer must notify the Seller of the damage. The Buyer must notify the Seller of any short delivery or Goods damaged in delivery, in writing, within three days of delivery. If the Buyer fails to do so within this time, the Goods are deemed to be delivered in good condition and in the quantities set out on the invoice and/or bill of lading. In addition, Buyer must show Seller the original box that the product was delivered in when a claim is made that the product was damaged in order for Seller to evaluate a damaged goods claim. If the original box that the goods were delivered in is not available Goods are deemed to be delivered in good condition in the quantities set out on the invoice and/or bill of lading. In each case, the notification must include the invoice number, Order Confirmation number, delivery note number and details of the claim. In the case of a valid claim for damaged Goods, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Purchase Price (or an appropriate proportion of the Purchase Price) exclusive of import/export or customs duties, tariffs, charges and/or other charges, as per the Buyer’s original method(s) of Purchase. Damaged Goods must be returned to the Seller. In the case of a short shipment, other than a shipment that has been partially cancelled pursuant to Section 3 or 4 (in Orders and Acceptance), the Seller shall deliver the outstanding portion of the Order. In either case, the Seller will thereafter have no further liability to the Buyer for the short shipment or damaged Goods
  7.  
  8. The Seller reserves the right to make delivery of the Goods by instalments, without notice to the Buyer.
  9.  
  10. If the Buyer fails to take delivery of the Goods, the Seller may pursue any remedy legally available, including either or both of the following:
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  • The Seller may store the Goods until actual delivery is effected and charge the Buyer for the cost (including insurance) of storage, together with any other reasonable incidental costs; and/or
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  • Sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Buyer for any shortfall below the Purchase Price.
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  2. Goods may not be returned to the Seller except as provided in [ATENTICA] Return Policy set forth below.
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VIII.          RISK AND PROPERTY

  1.  Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the address set out in the Order Confirmation.
  2.  
  3. All such Orders reported as delivered by the carrier shall be deemed to be delivered to and received by the Buyer. The Seller is not responsible for any lost or stolen Orders; the Buyer is solely responsible for selecting a secure delivery location.
  4.  
  5. In the case where a signature or other proof of receipt is required by the carrier upon delivery, any signature on that document, or other proof of receipt, will constitute conclusive evidence of delivery of the Order to the Buyer.
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IX.          RISK AND PROPERTY

[ATENTICA] accepts returns on purchases that are damaged, defective or incorrect (i.e., if you receive an item that is not in perfect condition). In the event that your order arrives damaged, defective or incorrect, e-mail a return request to [ATENTICA] Customer Service including a picture showing the damage.

In order to return a product, you must e-mail [ATTENTE] Customer Service at [hola@atentica.com] requesting the return with the following information:

  • Order number in the subject line, and
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  • Item received, quantity and reason for return in the body of the e-mail

If [ATENTICA] approves the return request, we will issue a return authorization number and a packing label for you to use. If we are able to, [ATENTICA] will replace the damaged item. If [ATENTICA] is unable to do so, we offer two (2) return options:

  • If you wish to apply your credit to your [ATENTICA] account, return shipping is free
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  • If you wish to apply your credit to your original credit or debit card used for payment, a flat rate for return shipping based on the subtotal of your return will be deducted from that payment.

In order for the imperfect item to be eligible for a return, the customer must notify [ATENTICA] within 24  (twenty four) hours of receiving the order. Damaged items must be returned within 14 days from receipt of delivery of merchandise or as otherwise stated on the item return policy for the return to be completed. Please return items in their original packaging.

If a refund in the original form of payment is requested and you used [ATENTICA] store credits to purchase such item, those [ATENTICA] store credits will be reinstated in lieu of receiving a refund for that portion of the purchase.

If the credit card used in connection with the purchase is expired or invalid, we will issue store credit. If any promotional discount was applied at the time of purchase, you will be refunded for the actual amount paid at time of purchase.

We aim to process all returns within one (1) week.  Should you have any questions about the status of your return or how to return an item, please contact [hola@atentica.com].

X.        WARRANTIES

The only express warranties that apply to the Goods are those issued by the respective manufacturer, if applicable. Such warranties, if applicable, are exclusive and to the maximum extent permitted by law, the Seller expressly excludes all other warranties, representations, guarantees or conditions of any kind, including any statutory, oral, written, express or implied, and any implied warranty of merchantability or fitness for a particular or general purpose.

XI.          RISK AND PROPERTY

  1.      Except as provided below, the Seller, its agents, employees, subcontractors and suppliers will not be liable to the Buyer for any indirect, incidental, special or consequential loss or damage, any loss of profit, loss of opportunity or revenue, or other claims for compensation whatsoever directly or indirectly arising out of or in connection with these Terms and Conditions, including any Order or Order Confirmation, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Goods or their use by the Buyer. Nothing in this Section shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller’s negligence.
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  3. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’s obligations in connection with these Terms and Conditions, including any Order or Order Confirmation, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Goods or their use by the Buyer, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the Purchase Price (excluding applicable sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling) for such Goods. Such amount shall be the Buyer’s sole remedy, and the Seller’s sole liability for such matters.
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  5. This limitation of liability shall prevail over any conflicting or inconsistent provision contained in any provision of these Terms and Conditions.
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XII.          RISK AND PROPERTY

  1.      Any notice given or made under these Terms and Conditions will be in writing and delivered pursuant to Section below.
  2.      A notice will be deemed to have been duly given or made as follows:
  •       if sent by personal delivery, including a nationally recognized courier (signature required upon receipt), upon delivery at the address of the receiving party;
  •       if sent by mail, five clear business days after the date of posting; or
  •       if sent by email, the first business day after mailing.
  1.      The foregoing time periods do not apply to emails sent by the Seller pursuant to Section 3.6 (Orders and Acceptance) above, which notices shall be deemed to have been received immediately upon delivery. A “business day” shall mean any day, other than a Saturday, a Sunday or a day on which banks located in Mexico City, Mexico are authorized or required by applicable law to close.
  2.      For the purpose of these Terms and Conditions, notices will be given to the Seller at its address set out in Section 1, for the attention of Ms. Isabel Serrano. Notices will be given to the Buyer at the address to which the Goods have been delivered.
  3.      The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address in accordance with this section. This notification will only be effective on:
  •       the date specified as the date on which the change is to take place; or
  •       if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
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XIII.         GOVERNING LAW AND JURISDICTION

  1.      To the extent permitted by law and except if restricted or prohibited by law, these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Querétaro and the federal laws of Mexico applicable therein without giving effect to the choice of laws provision thereof.
  2.      The parties expressly exclude the operation of the United Nations Convention on Contracts for the International Sale of Goods.
  3.      These Terms and Conditions apply to the extent permitted by law and unless restricted or prohibited by law. The Buyer may have additional rights in its local jurisdiction that these Terms and Conditions cannot change. If any term or provision in the agreement is found to be void or unenforceable, including for reasons of being against public policy, by a court of competent jurisdiction, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified (including if the court elects not to do so for any reason), then the same shall be deemed deleted in its entirety, and the remainder of these Terms and Conditions shall survive with the said offending provision eliminated.
  4.      Any failure by [ATENTICA] to exercise or enforce any right under these Terms of Use shall not constitute a waiver of such right. No waiver by us of any provision of these Terms of Use shall be deemed to be a further waiver of such provision or any other provision. Buyer agrees that any cause of action that Buyer may have arising out of this Website or Buyer’s use of this Website must commence within one (1) year after the cause of action arises, otherwise such cause of action shall be permanently barred.
  5.      NOTHING IN THESE TERMS AND CONDITIONS SHALL OPERATE TO DENY OR LIMIT ANY RIGHTS OF, OR THE SELLER’S LIABILITY TO, ANY BUYER WHO IS A CONSUMER AS DEFINED PURSUANT ANY APPLICABLE LEGISLATION IN THE BUYER’S LOCAL JURISDICTION, WHICH RIGHTS SUCH BUYER MAY HAVE AT LAW. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND ANY SUCH RIGHTS, THE LATTER SHALL PREVAIL IN FAVOR OF THE BUYER.
  6.      If any dispute arises in relation to a purchase or Order Buyer have placed through the Website, our goal is to provide Buyer with the quickest and most cost effective means of resolving that dispute. Before resorting to legal action, we strongly encourage Buyer to first contact us to assist in obtaining a refund or other appropriate resolution.
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XIV.        MISUSE, FRAUD OR MISREPRESENTATION IN CONNECTION WITH [ATENTICA] PROMOTIONS

 From time to time [ATENTICA] may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from [ATENTICA] by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.

XV.        INTELLECTUAL PROPERTY

The [ATENTICA.com] logo, name, and other marks indicated on the Website are trade-marks and/or registered trade-marks of Cultura Creativa Attente, S.A. de C.V. in Mexico, the United States, Canada and/or other jurisdictions. [ATENTICA.com]’s graphics, logos, page headers, button icons, scripts and service names are the trade-marks or trade dress of [ATENTICA.com]. [ATENTICA.com]’s trade-marks and trade dress may not be used in connection with any product or service that is not [ATENTICA.com]’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits [ATENTICA.com]. All other trade-marks not owned by [ATENTICA.com] that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by [ATENTICA.com].

All content included on the Website (logos, text, graphics, etc) is the property of [ATENTICS] or its suppliers, and is protected by Mexican and international copyright laws. Unless expressly permitted by the Terms & Conditions or with written permission from [ATENTICA], nothing on the Website should be construed as granting license to use the Website or any of its content.

XVI.        PROPRIETARY RIGHTS

  1.      [ATENTICA] relies upon a network of independent vendors who supply some of the goods advertised on the Website and in some cases, drop ship them directly to the member. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Website, or items advertised on the Website, by our vendors, even if appearing on the Website or in emails from us. Nothing on the Website shall be deemed to confer on any person any license or right on the part of [ATENTICA] or any supplier with respect to any such image, logo or name.
  2.      Copyright Infringement – Notice and Take Down Procedures: If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to this Website is: [holae@atentica.com].

XVII.       THE BUYER IS THE END USER OF GOODS

The Buyer agrees that all purchases are for personal use and will not be resold to other persons for any reason whatsoever, except for previously approved resellers.

XVIII.      COPYRIGHT COMPLAINTS

  1.      User acknowledges that [ATENTICA.com] is a “service provider” under the United States Digital Millennium Copyright Act (the “DMCA”) and is therefore immune from liability under the DMCA. Consistent with the DMCA, [ATENTICA.com] may accommodate standard technical measures used to identify and protect copyrighted works.
  2.      [ATENTICA.com] respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide [ATENTICA.com]’s copyright agent with the following information:
  •       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  •       Description of the copyrighted work that you claim has been infringed;
  •       The location of the material that you claim is infringing is located on the [ATENTICA.com] website;
  •       Your address, telephone number, and email address;
  •       A statement that your claim of infringement is based on a good-faith belief;
  •       A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

PRIVACY POLICY

The Buyer consents to the collection, use and disclosure of the Buyer’s personal information by the Seller and its third party providers and distributors in accordance with the terms and for the purposes set forth in this Privacy Policy. The Buyer agrees that the terms of such policy are reasonable.

All information provided through the Website (including payment information and registration information) must be true and accurate. Buyer’s data will be processed in accordance with this terms of the Privacy Policy, and Buyer should review this information before submitting any personal information. Buyer is solely responsible and liable for any and all loss and additional costs that [ATENTICA] or any others might incur as a result of the submission of false, incorrect or incomplete information, or Buyer’s failure to update registration and payment information.

I.        USER CONTENT

  1.      You are solely responsible for any User Content you post to the Website, and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Website. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Website. If you post User Content, you are making a guarantee to us that you either own all the content you are posting in the User Content, or you have the right to post the content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Website without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the User Content. By posting your User Content, you do not lose any ownership rights you may have to it.
  2.      However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Website a non-exclusive royalty-free, fully-paid, sub-licenseable and transferable license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Website and under these Terms of Use. If we allow you to upload User Content, you may not:
  •       provide User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
  •    forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
  •    provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
  •    provide User Content that are illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  •    impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
  •    use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or
  •    provide User Content which disparage us or our partners, vendor or affiliates.
  1.   We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
  2.   When your User Content becomes public:
  •       You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential. So, if you don’t want the whole world to see it, don’t post it on the Website. In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to:

o satisfy any applicable law, regulation, legal process or enforceable governmental request;

o enforce these Terms of Use, including investigation of potential violations thereof;

o detect, prevent, or otherwise address fraud, security or technical issues, or

o protect against imminent harm to the rights, property or safety of [ATENTICA], its users or the public as required or permitted by law.

II.        LICENSE AND SITE ACCESS

[ATENTICA] grants you a limited license to access and make personal use of the Website and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in [ATENTICA]’s sole discretion) an unreasonable or disproportionately large load on [ATENTICA]’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by [ATENTICA] to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by [ATENTICA].

III.           WE ARE NOT RESPONSIBLE FOR USER CONTENT

  1.      We generally do not review any of the User Content posted by our members. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Website. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Website, including your exposure to User Content.
  2.      Purchasing: [ATENTICA] works with outside providers for maintenance of the [ATENTICA] website. [ATENTICA] and its partners strive for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the site. [ATENTICA] has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, [ATENTICA] will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
  3.      [ATENTICA] displays suggested retail prices for goods offered on the Website based on pricing information provided by vendors and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Website.
  4.      You acknowledge that temporary interruptions in the availability of the Website may occur from time to time as normal events. Also, we may decide to cease making available the website or any portion of the Website at any time and for any reason. Under no circumstances will [ATENTICA] or its suppliers be held liable for any damages due to such interruptions or lack of availability.
  5.      LINKS TO THIRD-PARTY WEBSITES: No Implied Endorsements: This Website may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.

IV.           INDEMNIFICATION

By using this Website, you agree to indemnify, hold harmless and defend [ATENTICA] their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Website; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. [ATENTICA] reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Website.

V.          MISCELLANEOUS

  1.      No Waiver. If the Seller does not exercise a right or power when it is able to do so, this will not prevent it from later exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner. The Seller’s rights and remedies are additional to and not in derogation of, any other rights and remedies it may have at law.
  2.      Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms and Conditions.
  3.      English Language. The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only.
  4.      Limitation of Liability: IN NO EVENT SHALL [ATTENTE] OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF [ATTENTE] HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF [ATTENTE] OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO [ATTENTE] IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL [ATTENTE] OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF [ATENTICA].
  5.      You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Website. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
  6.      International Use – We make no representation that information on this Website is appropriate or available for use outside Mexico, Canada, the United States of America or Europe. Those who choose to access this Website from outside Mexico. Canada, Europe or the USA do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including, without limitation, Mexican, Canadian, Europe and United States export laws and regulations.
  7.      Affiliates – [ATENTICA] is not affiliated with websites or third parties that sell or advertise our products or the Website without a written agreement with us. [ATENTICA] reserves the right to void all service, return, and other policies for orders and [ATENTICA] products that were purchased through unauthorized sellers or sellers that violate [ATENTICA] policies. [ATENTICA] is not responsible for any representations by unauthorized sellers.

If you have a complaint against us or need any additional information or support in using the Website, please contact us at [hola@atentica.com].

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