TERMS AND CONDITIONS
ACCEPTANCE OF THE TERMS AND CONDITIONS
By entering and using this Internet portal, identified with the domain name *www.bscs.mx*, owned by BSCS, the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares his acceptance using for that purpose electronic means, in terms of the provisions of article 1803 and other relatives of the Federal Civil Code.
For the purposes of this contract, the parties agree that "User" shall mean any person of any nature who enters the website *www.bscs.mx* 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 said page.
In case of not fully and completely accepting 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 BSCS.
In the event that 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 therein by reference, as well as the applicable laws and regulations. in accordance with current legislation for the use of the Website.
BSCS will not keep an individualized copy of this agreement between the User and the Company, so the User is recommended to keep a copy of these Terms and Conditions of Use for their own file.
In the event that the User violates what is expressed in these Terms and Conditions of Use, BSCS may cancel its use, as well as exclude the User from future operations, and/or take the legal action it deems appropriate for its interests.
The User and BSCS agree that:
- In order to use the Website, the User must be at least 18 years of age or be accessing it under the supervision of a parent or legal guardian.
- BSCS grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described, for the purpose of purchasing 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.bscs.mx* exclusively for personal use, for which the commercial use of said information is expressly and strictly prohibited. In case of being a moral person, it will be subject to the provisions of article 148, section IV of the Federal Copyright Law. The reprint, publication, distribution, assignment, sublicense, sale, electronic reproduction or by any other means, partial or total, of any information, image, document or graphic that appears on the *www.bscs.mx* website, for any use other than non-commercial personnel is expressly prohibited to the User, unless he has the prior written authorization of BSCS. Any violation 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.bscs.mx* may require registration or subscription. The User acknowledges that, by providing personal information, he grants BSCS the authorization indicated in article 109 of the Federal Copyright Law. If the User decides to register or subscribe to any of these services or related features, the User agrees to provide accurate and updated information about himself, and to promptly update that information if there is any change.
- 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. On the other hand, the User must notify the Company of any unauthorized use of his password or account. In no way shall BSCS be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of User's failure to comply with this section.
- During the registration process, the User agrees to receive promotional emails from *www.bscs.mx*. However, you can subsequently opt out of receiving such promotional emails by clicking the link at the bottom of any promotional email.
- BSCS reserves the right to block access or partially or totally remove any information, communication or material that in its sole judgment may be: i) abusive, defamatory or obscene; ii) fraudulent, artful or misleading; iii) violation of copyright, trademarks, confidentiality, industrial secrets or any intellectual property right of a third party; iv) offensive or; v) that in any way contravenes the provisions of this contract.
- BSCS does not presume that the content of its Page can be legally viewed outside of the United Mexican States. Access to the content may not be legal by certain persons or in certain countries. If the User accesses the content from outside the United Mexican States, he does so at his own risk and is 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 affiliated Websites of BSCS; The User is prohibited from: (a) accessing data to which the User is not authorized to use or log into a server or account to which the User does not have authorized access; (b) attempting to examine, scan, or test the vulnerability of any 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 BSCS affiliated websites; cause such sites to become overwhelmed by "flooding", "spamming", "mailbombing" or "crashing"; (d) the sending of 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.
- User acknowledges that violations of computer system or network security may result in civil or criminal liability. BSCS 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 said 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, modem, programs, etc.), the use of this equipment being their full responsibility.
- BSCS is exempt from any responsibility that occurs due to interruptions or suspensions of the Internet access service caused by the failure of the telecommunications system, in the supply of electrical energy, fortuitous events or force majeure or an action by third parties that may disable the equipment that provides access to the network.
- Therefore, BSCS is not responsible for any damage, loss or loss to the User caused by failures in the system, in the server or on the Internet. The Company will not be responsible for any virus that could infect the User's equipment as a result of accessing, using or examining the Site or as a result of any transfer of data, files, images, texts, or audio contained therein. Users may NOT attribute any responsibility or demand payment of damages, due to technical difficulties or failures in the systems or on the Internet. BSCS does not guarantee continuous or uninterrupted access and use of the Site. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the control of the Company; in such cases, efforts will be made to restore it as quickly as possible without any type of responsibility being attributed to it. BSCS will not be responsible for any errors or omissions contained in the Site.
INTELLECTUAL AND INDUSTRIAL PROPERTY, AND COPYRIGHTS
BSCS acknowledges being the sole owner of the intellectual property rights, whether registered or unregistered, on the *www.bscs.mx* site, including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, trademarks, domain names, commercial names and data included in the Website *www.bscs.mx*. All content on our page is also copyrighted as a collective work under Mexican copyright laws and international conventions. All rights reserved.
Users are warned that such rights are protected by current Mexican and international legislation regarding intellectual and industrial property and copyright.
The copying, reproduction, adaptation, modification, distribution, commercialization, license, shipment, disclosure, public communication and/or any other action that generates an infringement of current Mexican or international legislation regarding intellectual and/or industrial property is prohibited. as well as the use of the contents of the Site without the express prior written authorization of BSCS.
In the event that the User transmits to BSCS any information, programs, applications, software or in general any material that requires to be licensed through the Website *www.bscs.mx*, the User hereby grants BSCS a perpetual license , universal, free of charge, non-exclusive, worldwide and royalty-free, including the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works from, display and publicly perform.
What is established in the previous paragraph will also apply to any other information that the User sends or transmits to BSCS, 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. In addition, when the User sends comments or criticism to the website, they also grant BSCS the right to use the name that the User sends, within the framework of said review, comment, or any other content.
Therefore, the User expressly waives in this act to carry out any action, demand or claim against BSCS, its affiliates or suppliers for any current or eventual violation of any copyright or intellectual property derived from the information, programs , applications, software, ideas and other material that the User sends to the *www.bscs.mx* website.
In case of considering that any content published on the Website is in violation of intellectual or industrial property rights, the User may make a notification by contacting the BSCS Customer Service center. The User will have to indicate: i) true personal data (name, address, telephone number and email address of the claimant); ii) autograph signature with the personal data of the owner of the intellectual property rights; iii) precise and complete indication of the content(s) protected by the allegedly infringed intellectual property rights, as well as the location of said violations on the referred website; iv) express and clear statement that the introduction of the indicated content(s) has been made without the consent of the owner of the allegedly infringed intellectual property rights; v) express, clear statement and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of said rights.
The Website contains links to third party websites. These links are provided solely as a convenience to the Website for the User and do not imply that BSCS has endorsed the content of such third party websites. BSCS is not responsible for the content of linked third party websites and makes no representations regarding the content or accuracy of material on such third party sites. If the User decides to access third-party websites through these links, he does so at his own risk and responsibility.
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 Advertising Material submitted for inclusion on the Website complies with applicable laws and regulatory codes. BSCS is not responsible for any errors or inaccuracies in advertising materials.
Likewise, the User acknowledges and accepts in this act that said Advertising Material is protected by the applicable laws regarding intellectual and industrial property.
WARRANTY OF THE PRODUCTS PURCHASED
BSCS acts as a distributor of manufacturers or wholesale distributors that guarantee that the products sold on the *www.bscs.mx* website work correctly and do not have defects or hidden defects that could make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, the use that each User of the products is their sole responsibility, without any responsibility of BSCS.
The duration of the contractual guarantee is clearly detailed on the product page of each item and is issued and guaranteed by the manufacturer or supplier of each product.
No User may request a broader guarantee than the one indicated therein. In such cases, BSCS will not be obliged to respond for said guarantees, nor collect the damaged product(s).
The guarantee will lose its validity in case of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear, improper use, or installation and use not in accordance with the supplier or manufacturer's instructions.
Products transported, modified or repaired by the User or any other person not authorized by BSCS are excluded from the guarantee. The guarantee will not be applicable to apparent defects and defects in product conformity, for which any claim must be made by the User in question within 7 (s) calendar days following the delivery of the products.
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 BSCS Site, are exposed for guidance only. BSCS is not responsible for any errors or inaccuracies in the product information.
BSCS will inform Users subscribed to the newsletter, by e-mail, of all future promotions and 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.
BSCS coupons are not combinable with other coupons from the same store.
The credits generated by the promotional actions of BSCS (coupons, etc.) may be exchanged exclusively for physical products marketed on the Website *www.bscs.mx* . Credits cannot be exchanged for other credits.
In order to purchase the products, the User must pay for the selected products, taxes and corresponding shipping costs through the payment service providers that BSCS 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 has been made by the User, through the implicit acceptance of the Terms and Conditions of Use, BSCS will send an e-mail to the User informing the details of the purchase made.
Payment for products purchased on the Site may be made through any of the payment methods offered by the Site, these being, among others: credit card, debit card, payment at OXXO. The list of payment methods offered may be subject to change at any time without prior notice to Users.
Payment by credit card or any other means of online payment must be made on the Site.
The order number that is assigned when carrying out the transaction on the Site does not imply acceptance of the transaction. In case of having any problem with your order, the User will be notified by email or telephone.
BSCS will send the purchase confirmation via email. Only after confirmation of payment will the products be released for delivery to the delivery address indicated by the User.
BSCS reserves the right to request official documents from its clients, as a means of validating the process of acquiring products through the Site.
In case of ignorance on the part of the Banking Institution corresponding to the charges made by the corresponding User through a credit card and derived from operations carried out on the Site, BSCS reserves the right to initiate the corresponding legal actions and finalize 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 may range from making the charge again to said User's credit card until the User's definitive withdrawal from the Site, for which which will not require prior authorization from the User.
ORDER OF ACCEPTANCE AND PRICES
All the prices of the products that are 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 shipment of the products, which will be detailed separately in each order and must be accepted and paid, prior to 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, BSCS reserves the right to deny or cancel any order for any reason, at any time. In addition, it must be clear that the User may be asked for additional information, even before accepting the order.
BSCS will provide the most accurate pricing information for Users, however certain errors may still occur, such as cases where the price of an item is not displayed correctly on the Website. As such, the Company reserves the right to refuse or cancel any order. In the event that an item's price is incorrect, BSCS may, at its discretion, contact the User for instructions or cancel the order and notify the User of such cancellation. It is worth mentioning that BSCS will have the right to cancel such orders, whether or not the order has been confirmed and paid.
All the products offered on the Site are subject to stock and availability, so the delivery time may vary with prior notice from us, or even the cancellation of the order and the refund of the User's charges may proceed in case .
If the delivery time offered is not to the satisfaction of the User, the cancellation of the order can be requested.
SHIPPING AND DELIVERY COSTS OF THE PRODUCTS
BSCS will send the products purchased by the User to the address specified by the User for this purpose as long as said address is within the coverage area communicated by BSCS.
The delivery time starts from the confirmation of payment by the bank, online payment platform, or BSCS Credit department.
The products will be shipped and delivered to the User by third parties (hereinafter "Transport Companies"). By virtue of the foregoing, the User agrees to submit for the shipment and delivery of the products to the delivery policies of the Transport Companies themselves, which are incorporated by reference to these Terms and Conditions of Use.
The time frame described on the Site is an estimate. In this way, it is possible that such term changes for reasons of logistics and force majeure. In the event that due to any fortuitous event or force majeure that may delay the delivery of the products purchased on the Site, BSCS will be exempt from any liability at all times.
In the event that the User has not received the products within the period declared by BSCS, they must contact the Company through the customer service center.
The cost of the freight will be added to the value of the purchased merchandise and will be calculated and informed to the User before the confirmation of the purchase. The freight cost may depend on factors such as the total weight of the merchandise, the distance and the type of delivery, and may be modified by BSCS at any time without prior authorization from the User.
At the time of delivery, the person receiving the merchandise will be asked for an official identification (voter ID, passport, FM2 immigration form or driver's license), so it is required to have this document on hand when delivering the merchandise. purchase.
BSCS suggests that the User check the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, they are requested not to receive the delivery from the Transport Company and to immediately contact the BSCS customer service center.
CANCELLATION OF THE PURCHASE OF THE PRODUCTS
The User may cancel the purchase of Products made through the Website, as long as the Products purchased have not left the BSCS offices. In the event that the Products have already been sent by BSCS, 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 check the status of the purchase made through the My Orders section of the User's Account or by contacting the BSCS 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.
Return Conditions:
The User may return the products purchased through the Website, provided that:
- Request the return within 7 calendar days following the delivery date OR, exclusively for cases of defective products, within the warranty period specified for the products purchased.
- The product or products are in the same condition in which they were delivered to the User and, as far as possible, with the original packaging and labeling, or alternatively in some similar format that guarantees the return in perfect condition.
Return Process:
The process for returning the Products will be as follows:
- The User must contact the BSCS customer service center within the established period requesting the return of the products and providing, name and surname, order number, names of products to be returned, address where the products will be collected. In the event that the return is due to the fact that the product or products are defective or it is a different product from the one purchased through the Website, the User must also express said circumstance, as well as mention, where appropriate, the defects of the products, (hereinafter the "Return Request").
- Once the Return Request is approved, BSCS may send the User a guide for the shipment through the corresponding Transport Company, as well as schedule the date on which the Transport Company will collect the products from the address provided by the User.
- The User must, where appropriate, pack the product in its original box or packaging, print and deliver the guide, as well as the Products in their original packaging or box to the Transport Company on the date scheduled for that purpose.
If the payment was made by debit or credit card, the refund will be made through a chargeback on the same card that was used. If the payment was made by other means, the refund will be made through a bank transfer to the User's account.
The User will be reimbursed for the cost of the returned products plus the cost of freight paid by the User for the same.
BSCS is not and will not be responsible for the expenses caused by those returns that occur without respecting the steps established in the procedure presented in the “Returns” section.
Deadline for refunds in case of cancellation
In case of cancellation of the purchase made by the User in accordance with the section "Cancellation of the purchase of the products" of these Terms and Conditions, BSCS must request a refund from the User for the entire amount paid by the User within of the following 7 calendar days counted from the date of the cancellation of the User's purchase.
Deadline for refunds in case of return
Once the products returned by the User have been received, BSCS will review the returned products.
In the event that the products received by BSCS meet the characteristics established in point 2 of the "Return Conditions" section, the Company will have the obligation to return the money paid by the User within 7 calendar days from the day when the BSCS received the returned products.
RESPONSIBILITY OF THE USER IN RELATION TO THE TRANSACTIONS
The User assumes responsibility for all costs, fees, taxes and claims arising from the use of this Website. The access data communicated to the User for his profile have been conceived exclusively for personal use, and must be treated confidentially. The User must change their passwords regularly. All transactions made through the profile account will be charged to the holder of the relevant profile account, and will be binding.
The User is liable without limitation for direct and indirect damages, as well as consequential damages, which may be caused by gross negligence or illegal intent.
The User must send a billing request to the Company's customer service center 24 hours from when the purchase was made. Invoice requests will not proceed for purchases that do not fall within this period.
When requesting the invoice, it will be necessary for the User to have on hand and provide the following tax requirements:
- RFC with Homoclave
- Full name or business name
- Full Fiscal Address including street, neighborhood, delegation or municipality, state and zip code
- Form in which the Payment was made (cash, electronic fund transfers, personal checks or debit, credit, service cards or the so-called electronic purses authorized by the Tax Administration Service)
- Indicate at least the last 4 digits of your payment account
- E-mail where the invoice will arrive
- Once the corresponding invoice has been issued, BSCS will not be able to re-invoice or issue subsequent invoices.
BSCS does not intentionally make sales to minors, so parents and guardians are recommended to carry out the activities of purchasing products or registering on the Website themselves.
Parents or guardians of minors will be responsible for the acts carried out by them in accordance with the provisions of these Terms and Conditions of Use, including damages caused to third parties, actions carried out by them and that are prohibited by law and by the provisions of this agreement, without prejudice to the responsibility of the User, provided that the latter was not the parent or legal representative of the minor offender.
The User in this act undertakes to indemnify and release BSCS and its subsidiaries, controller, shareholders, directors, employees, officers, directors and agents in peace and safe against any actions, procedures, responsibilities, demands, claims, losses, responsibilities , damages, costs, damages, expenses and costs, as well as the expenses, costs and fees of lawyers and external advisors that derive or are related to the violation by the User of: (i) these Terms and Conditions, and /or (ii) any current laws, rules, decrees or regulations.
BSCS 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 by the User. The User agrees to cooperate with BSCS in the development of the relevant defenses.
CHANGES TO THE SITE *www.bscs.mx*
BSCS may at any time and when it deems it convenient, without the need to notify the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site, without of place or right to any claim or compensation, nor that this implies recognition of any responsibility in favor of the User.
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 validity, and will come into force as of their publication on the Site.
BSCS reserves the right to make changes to this document without prior notice. Due to the foregoing, BSCS recommends the User to regularly read this document again, so that he is always kept informed of possible modifications. Changes to the contract will become effective immediately upon posting on the Site. Once the modifications have been made, it will be presumed that the User who continues to use the Site will have full knowledge, will have read and consented to the amended Terms and Conditions. In the event that the User does not accept the modified terms and conditions, they must stop using the Website.
BSCS 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 BSCS that it must indemnify the User.
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 concluded previously. Any clause or provision of this contract, as well as of the additional terms, legally declared invalid, will be eliminated or modified at the option of BSCS, in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their force, obligation and validity.
Occasionally, BSCS 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 provided on or through the Website *www.bscs.mx*, which will be published in the specific areas or new services of said site for their reading and acceptance. The User acknowledges and accepts that said additional terms form an integral part of this contract for all legal purposes that may apply.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use will be interpreted and governed by the legislation in force in Mexico, Federal District, waiving the application of the Convention on the International Sale of Goods.
The rights granted to the User must 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. BSCS may totally or partially assign its rights and/or obligations under its responsibility to any third party, subsidiary or controller of BSCS without prior authorization from the User. By virtue of said assignment, BSCS will be released from any obligation in favor of the User, established in this contract.
The inactivity by BSCS, its affiliates or suppliers to the exercise of any right or action derived from this contract, at no time should be interpreted as a waiver of said rights or actions.
The User agrees to indemnify BSCS, its affiliates, suppliers, vendors and advisors for any action, lawsuit or claim (including attorneys' fees and court 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 website *www.bscs.mx*.
- The information contained or available on or through said Site or 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, contained or available on or through said Website.
If any provision established in these Terms and Conditions is illegal, null or impossible to execute in any jurisdiction, it will not affect: (i) the legality, validity or exercise in said jurisdiction of any other provision of this agreement; or (ii) the legality, validity or exercise in any other jurisdiction of said or any other provision of this agreement.
BSCS may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them, unless expressly recognized by BSCS, or prescription of the action that corresponds to each case.
The headings of the clauses are incorporated into it only for convenience and for better management, so they will not be considered in any way for purposes of 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 BSCS through the Website, constitute the entire agreement between the User and BSCS in relation to the Services offered by BSCS through the Website.
