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Terms and Conditions

Introduction

Welcome to the website www.uniqluxury.com and www.uniqluxury.com.mx ("WEBSITE"), these sites are owned by UNIQ BRANCH OFFICE MEXICO, S.A DE C.V. (hereinafter, collectively and together with its subsidiaries "UNIQ") with address at: Avenida Santa Fe 495, Cruz Manca, C.P. 05349, Mexico City; with Federal Taxpayer Registration Number: UBO140826VD5 (referring all the time to these sites as uniqluxury.com.mx offers website functions and marketing products and services ("UNIQ SERVICES"). Please review the following TERMS AND CONDITIONS governing your use of the Uniqluxury.com.mx website. By favoring us with your purchase, you signify that you have read, understand and agree to the TERMS AND CONDITIONS in their entirety. The Terms of Use were last updated on November 28, 2022.

UNIQ, reserves the right to change, modify, add or remove portions of these terms and conditions of use at any time, changes will be effective when posted on the site www.uniqluxury.com.mx, please check back periodically for updates to these terms and conditions of use, as you will need to accept any changes made in order to continue to access the platform and continue to purchase products.

Privacy

Please review our Privacy Notice which also governs your use of UNIQ SERVICES so that you are aware of our practices.

Electronic Communications

Each time you use the UNIQ SERVICES or send us an email, text message or other communications from any device, you communicate electronically with us. You agree to receive communications from us electronically in a variety of ways, such as through the following types of data messages: email, text messages, or through notices and messages posted on this website or through the other UNIQ SERVICES. You agree that all agreements, notices, messages, and other notices and communications that we send to you electronically satisfy any legal requirement that they are in writing and are given full legal effect and validity.

Modality of the UNIQ SERVICES.

The modality of the WEBSITE is Marketplace, that is to say, it is an online shopping website, through which various manufacturers, artists ,and distributors, hereinafter "sellers" offer their products for sale through the WEBSITE, so that you can buy or order certain goods or services. Please take into consideration that through the Marketplace modality, all transactions that you carry out are solely and exclusively between you and the approved "sellers", therefore, you are kindly invited to review the following TERMS AND CONDITIONS.

Your Account.

You may be required to create your own UNIQ account, log in, and have a valid payment method associated with your account in order to use certain UNIQ SERVICES. In the event of a problem with your selected payment method, we may charge any other valid payment method associated with your account. When you use UNIQ SERVICES you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer and other devices, and you assume responsibility for any activities conducted from your account or using your password.
UNIQ reserves the right to terminate accounts, remove or edit content, cancel orders in case of violation of these Terms of Use or any UNIQ policy, terms and conditions, third party rights or commission of a crime or any conduct that damages UNIQ's reputation or customer experience.

Use of the Site.

The contents and services offered by our sites are reserved and directed only to an audience over 18 years of age. It is the responsibility of parents or guardians to supervise the conduct of minors who enter the WEBSITE.

Providing any false or inaccurate information constitutes a breach of these TERMS AND CONDITIONS.

By confirming your purchase and finalizing the payment process, you agree to accept and pay for the items ordered, as well as the billing information provided to the WEBSITE.

Violations of the system or security network may result in civil or criminal liability. UNIQ will investigate occurrences that may involve such violations, as well as cooperate with the authorities in prosecuting users who violate such violations. By using the WEBSITE, you agree not to use any device or software to interfere or attempt to interfere with the proper use of the WEBSITE or any activity conducted on the WEBSITE. You agree on the WEBSITE not to use or attempt to use any machine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search these sites other than the search engine and search agents available from UNIQ on this site and other third party browsers that are generally available (e.g., Google, Chrome or Microsoft Explorer).

If you have any complaint or clarification regarding the use of the WEBSITE and its TERMS AND CONDITIONS, please contact UNIQ's web user service area at info@uniqluxury.com.

Information on Prices, Products and Content.

The information of the products advertised on the WEBSITE is accurate and attached to the characteristics of the same, this same quality is offered by the "sellers"; however, if by a manufacturer's error, the item contains any feature other than what is advertised you can return it, delivering its original packaging and accessories within the period established in the Returns section.
We accurately display the colors of our products on the WEBSITE. However, the actual colors you see will depend on your monitor, we can not guarantee that any of the colors shown on your monitor is accurate, we remind you that the images or photographs provided by suppliers, as well as those of the "sellers" authorized, are for illustrative purposes and are exposed to you as a guide. We recommend that you always check the purchase conditions before placing your order, in order to make sure of the terms, conditions and restrictions that may apply to each product.

All product prices do NOT include VAT and other taxes that may apply.

The above, regardless of the shipping costs that may or may not be generated. These amounts will be indicated to you before placing your order, so that you will be able to accept them.

The format in which prices are displayed within the WEBSITE may be modified by browser versions, operating systems or devices for Internet browsing, so there may be variations in terms of the use of various devices.

Due to the above, the usual format in which the prices are presented is the following:

Correct format: $0,000.00

If the configuration of the browser or device used to visualize the page will affect this format, it can be seen in the following way: Inaccurate formats: $0.000.00

This type of format is inaccurate because, usually, thousands and thousands are separated by commas, and the configuration of the browser or navigation device can modify them by dots.

If there is any inconsistency or failure at the time of publishing the prices on the portal, you will be informed of this situation, so that you can confirm if you still wish to purchase the product or services, or cancel the order and return the amount paid. If you have not completed your purchase, you will be notified of the change in price and availability when you enter the shopping cart.

When using the WEBSITE the menu and prices shown must be under the Spanish language configuration. By changing the configuration to another language, the menu, categories and prices shown on the site on the devices will be invalidated.

Warranties

UNIQ seeks that the items it sells are backed by the manufacturer's warranty, which always adheres to the provisions and terms established in the Federal Consumer Protection Law. The warranty will be delivered with your product where the conditions and mechanisms to make them effective will be established.

The fulfillment of the warranties will be provided directly by the authorized "sellers", the validity of such warranties is referred to in the description of each product being issued and validated by the "sellers", so UNIQ, assumes no responsibility for such warranties and the customer is obliged to contact the seller directly to make it effective. However, UNIQ will take the necessary actions to provide customers who request it, the contact information to validate the respective guarantees, if necessary.

Quantity and Availability Limits.

Please note that, in order to benefit a larger number of customers, the sale of some high-demand items may be limited to certain pieces, this situation will be communicated to you before placing your order and make your purchase.

Items are subject to availability, which the Customer must verify before processing the payment. In order to validate the existence of the items and in case of unavailability, the system will display the following legend "No products available".

Order Acceptance.

Once you place your order you will be sent to your email the "order number" and details of the product(s), this does not mean that the payment has been processed or authorized by the bank or payment methods you chose, nor that the order has been confirmed. If the payment is authorized or authenticated we will send you another email with the order confirmation and purchase details. Once you place your order start the purchase process, if in 24 business hours you have not received the order confirmation email, you must log in to our website, access your account (if you are registered) or call our call center and check the status of your order.

If for any reason your bank determines that it is not possible to complete the transaction and your card has already been charged, a refund will be issued for the same amount and payment method. If additional information is required to accept your order we will contact you by phone within 24 to 48 business hours after your purchase.

Total delivery time for an order.

The total delivery time of your order is the period of time from the time you place your order to the time you receive it. An order is composed of two parts: processing time and shipping time. The processing time of a product is the time in which your purchase order is generated, processed and leaves the warehouse. The shipping time runs from the time your product leaves the warehouse to the delivery address indicated on your purchase order. Check the delivery times in the corresponding section.

The shipment of the products will be made through parcel service, the delivery time will be determined by the applicable parcel service. Each time you make a purchase, you will immediately know the shipping cost that corresponds to the item chosen. Check this cost before paying. In cases where your order cannot be delivered ("delivery exception") we will make three attempts at the address registered in your order, if unsuccessful, you will be notified via email. Once received, you will have 15 calendar days to let us know your desire regarding the delivery of these items. If we do not receive your response and once this time has elapsed, the order will be canceled and the return will be made in accordance with the terms and conditions.

The delivery in buildings is only on the first floor and reception, for your safety and your items will not be delivered on another level.

The tracking of your order can be consulted by e-mail.

Returns

Only returns due to damage or poor condition at the time of receipt will be accepted, which must be made known immediately to UNIQ by sending the following email to info@uniqluxury.com photographic evidence. We recommend that you keep the original packaging during this period of time so that you can deliver your items in it if necessary.

     We do not accept returns of items: Incorrectly installed or damaged due to improper handling or use (in accordance with the recommendations indicated in the manufacturer's instruction manual); That have been customized (engraved, decorated, with personal passwords, etc.)

     Replacement, repair and/or reimbursement in kind: In case of receiving the damaged product, UNIQ may choose to replace, repair or refund the total amount paid in kind for the purchase of other goods and services from UNIQ. In any case, UNIQ will comply with this obligation in accordance with the return policies applicable to it and informed at the time of receipt of the return request.

Cancellations.

Your order starts to be processed immediately after you click on Buy in the "Checkout" section. Once the order is confirmed by our system, it will not be possible to cancel it and it must be processed as a return. To make a return of your order, please write us to the following email facturacion@uniqluxury.com and request it, you must have your order number and in case of a partial cancellation, the detail of the items to be canceled.

The refund will be made with the same method of payment of your order and will be carried out within 7 to 10 working days once the acceptance of the cancellation is confirmed. If at the time of delivery you are not able to check the product and subsequently find defects in your product, it will be necessary to write to the following email facturacion@uniqluxury.com within 24 hours after delivery of the product.

Unauthorized use of the WEBSITE account..

For your security, we provide you with a service in which you must notify us of any unauthorized use of your account or password. Therefore, we remind you that as user and/or account holder, you are solely responsible for keeping your password and other secure account identifiers confidential.

Means of contact to report unauthorized use of the account to the following email info@uniqluxury.com

Security measures.

On our sites, we offer security and confidentiality to your information since we have a secure server under the protocol SSL (Secure Socket Layer) of 128 bits, in such a way that the information sent is transmitted encrypted to ensure its protection. To verify that you are in a protected environment, make sure that an "S" appears in the navigation bar ("HTTPS"://).

Miscellanous.

Intellectual property. All content and materials on the WEBSITE, including images, illustrations, designs, icons, photographs and text, trademarks, a combination of distinctive signs, operational and appearance elements, and any other intellectual property rights, are owned and used exclusively by UNIQ.

Such content and materials owned by UNIQ and licensed in favor of UNIQ, one of its affiliates, or by third parties such as "sellers" that have authorized their materials to UNIQ are protected by Mexican law and applicable international treaties on Industrial and Intellectual Property. The compilation (the mutilation, collection, arrangement, assembly of the whole or in parts) of the content of this WEBSITE is exclusive to UNIQ.

Access to the WEBSITE does not grant and may not be considered a license or authorization concerning the intellectual property rights of which UNIQ is the owner or licensee. The UNIQ names and logos, all related product and service names, design marks, and trade dress are registered trademarks of UNIQ, all licensed to UNIQ. All other trademarks are the property of their respective companies. No trademark license is granted in connection with the materials contained on the WEBSITE. Access to the WEBSITE does not authorize anyone to use any name, logo, or mark in any form.

Reviews, Suggestions and Comments. For all, reviews, comments, opinions, feedback, postcards, suggestions, ideas and other communications posted, submitted or offered to UNIQ on or through the WEBSITE, via email or telephone, or otherwise published, submitted or offered in connection with your use of the WEBSITE you grant UNIQ the irrevocable and non-transferable right to use the comments, reviews or suggestions free of charge. UNIQ shall have the right to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments made without restriction and without compensation. UNIQ is not and shall not be under any obligation to (1) keep any Comments confidential; (2) pay the User any compensation for any Comments;. You further agree that any comments on the WEBSITE will not violate these Terms of Use or violate in any way any third party rights, including but not limited to copyright, trade dress, trademark, trade secret, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. Further, you agree that any comments you make on the site will not be or contain libelous or defamatory, threatening, abusive, obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "junk mail".

UNIQ does not regularly review posted comments, but reserves the right (but not the obligation) to monitor and edit or remove any comments submitted to the site when they contain improper or unlawful character. You grant UNIQ the right to use the name that you submit in connection with any Comments and agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments that you submit. You are and shall remain solely responsible for the content of any comment(s) you make and agree to indemnify UNIQ and its affiliates for all claims arising from any comment(s) you submit. UNIQ and its affiliates take no responsibility and assume no liability for any of the comment(s) submitted by you or any third party.

Specific terms and conditions for the sale of artwork. Dear customer: (a) the certificate of authenticity will be sent to the customer by email once the payment of the item is completed; it will be released and sent by the manufacturer; (b) deliveries within Mexico City are at no extra cost; (c) according to the Federal Law for the Prevention and Identification of Operations with Illicit Proceeds, the sale of works for an amount greater than $209,380. 00 pesos individually and those for an amount greater than $418,327.00 for a six-month accumulation of two or more operations with the same client in order to continue with the purchase it will be necessary to provide us with the information and documentation that is specified in the following email: info@uniqluxury.com

Invoicing.

UNIQ accepts the following forms of payment:

Since the products displayed on the WEBSITE are sold, offered and guaranteed by third parties, the invoice must be requested at the time of purchase and will be issued directly by the authorized "sellers", which must comply with all applicable regulations.

It is important that the request for the invoice is made at the time the purchase is made or during the current month, after that period it cannot be issued by the "sellers". Therefore, we suggest you request it during the confirmation of your purchase.

Disclaimer of warranties and limitation of liability.

THE UNIQ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UNIQ SERVICES ARE PROVIDED BY UNIQ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. UNIQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE UNIQ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH THE UNIQ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE UNIQ SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNIQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNIQ DOES NOT WARRANT THAT UNIQ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH UNIQ SERVICES, UNIQ SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY UNIQ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNIQ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM THE USE OF ANY UNIQ SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UNIQ SERVICES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

SOME LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Disputes.

Any dispute or claim relating to your use of the UNIQ SERVICES, products or services sold or distributed by UNIQ or through the WEBSITE shall be submitted to and resolved at your option, either through the administrative jurisdiction of the Procuraduría Federal del Consumidor ("PROFECO") or through binding arbitration conducted by the Mediation and Arbitration Commission of the National Chamber of Commerce ("CANACO") and you and we hereby waive any other jurisdiction that may apply by reason of domicile or otherwise. You and we agree that either you or we may bring an action in the appropriate courts to prevent infringement or misuse of intellectual property rights.

To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to the attention of: Attn: UNIQ Web User Service Area at info@uniqluxury.com. The arbitration will be administered by CANACO under its rules. CANACO rules are available at www.arbitrajecanaco.com.mx by phone at 36852269, ext. 1309 or 1310. Payment of all filing, administrative and arbitrator fees will be governed by CANACO rules. You may choose to have the arbitration conducted exclusively by telephone or based solely on the submission of written arguments and evidence; however, in all cases, the place of arbitration shall be Mexico City, Mexico. The arbitration shall be conducted in Spanish by a single arbitrator and the applicable laws shall be those of Mexico. We agree that any dispute resolution proceeding shall be conducted only on an individual basis and not in a class, collective, or representative action.

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