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TERMS AND CONDITIONS

Users are informed that the following Terms and Conditions apply to them by simply using or accessing any of the web pages, mobile and web applications, software, and applications in general, that make up the Portal at www.loscincosoles.com (hereinafter, collectively and indistinctly, the “Portal”). Therefore, it will be understood that they accept these terms and agree to be bound by them. If you do not agree with the Terms and Conditions, you must refrain from accessing or using the Portal.

Tiendas Tropicales S.A. de C.V. and/or its subsidiaries, parent companies, related parties, and affiliates (hereinafter, collectively and indistinctly, the “Company”) reserve the right to modify the content of the Portal at any time, at their sole discretion, without prior notice.

The User, understood as the person who uses or accesses the Portal through a computer and/or any communication equipment or device (hereinafter the “User”), agrees not to use devices, software, or any other means intended to interfere with the activities and/or operations of the Portal, or with the databases and/or information contained therein.

1. USE AND RESTRICTIONS. Accessing or using the Portal expresses the User’s full and unconditional acceptance of these Terms and Conditions. Through the Portal, the User will access, contract, and/or use various services and content (the “Services and Content”) made available by the Company. The Company reserves the right to deny, restrict, or condition the User’s access to the Portal, either in whole or in part, at its sole discretion, as well as to modify the Services and Content of the Portal at any time and without prior notice.

The User acknowledges that not all Services and Content are available in all geographical areas, and that some Services and Content may only be used after their prior contracting, activation, or registration by the User and/or through payment for these. The Company does not guarantee the availability and continuity of the operation of the Portal and the Services and Content, nor the usefulness of the Portal or the Services and Content in relation to any specific activity, regardless of the access method used by the User. The Company will not be responsible for any damage or loss of any kind that may be caused due to the lack of availability or continuity of the operation of the Portal and/or the Services and Content.

The use of the Services and Content on the Portal is the sole responsibility of the User, who must in all cases use them according to the functionalities allowed on the Portal and the uses authorized in these Terms and Conditions. Therefore, the User agrees to use them in such a way that they do not contravene good practices, the rights of third parties, internet usage and coexistence rules, the laws of the United Mexican States, and the legislation in force in the country where the User is located when accessing the Portal and using the Services and Content. The Portal is for the use individual use of the User, and therefore, the User may not commercialize the Services and Content in any way.

2. RESTRICTIONS. The User does not have the right to place hyperlinks within the Portal, to use the Portal’s links, nor the right to place or use the Services and Content on their own or third-party sites or pages without prior written authorization from the Company. The User may not prevent any other User from using the Portal or the Services and Content.

3. INTELLECTUAL PROPERTY. The intellectual property rights, industrial property rights regarding the Services and Content, the distinctive signs, and domains of the Pages or the Portal, as well as the rights to use and exploit them, including but not limited to, their disclosure, publication, reproduction, distribution, and transformation, are the exclusive property of the Company. The User does not acquire any intellectual and/or industrial property rights by simply using or accessing the Services and Content of the Portal, and at no time will such use be considered as authorization or a license to use the Services and Content for purposes other than those contemplated in these Terms and Conditions.

4. THIRD-PARTY INTELLECTUAL PROPERTY. The User agrees that the provisions established in the previous Article 3 regarding the ownership of the Company’s rights also apply to third-party rights concerning the Services and Content of the Pages, domains, or information presented or linked to the Portal.

5. QUALITY OF SERVICES AND CONTENT AND THEIR WARRANTIES. Neither the Company nor its suppliers or business partners will be liable for any damage or harm suffered by the User due to inaccuracies, queries made, advice, typographical errors, and changes or improvements periodically made to the Services and Content. The recommendations and advice obtained through the Portal are of a general nature and should not be considered when making personal or professional decisions. For this, the User should consult an appropriate professional who can advise them according to their specific needs.

The Company offers the Services and Content with a reasonable level of competence and diligence from a commercial standpoint; however, it does not provide any guarantees regarding them. The Portal is provided by the Company “as is” and “as available.” The Company makes no representations or warranties of any kind, express or implied, regarding the operation of the Portal, information, content, materials, or products included. The User expressly agrees that the use of the Portal is at their own risk. The Company reserves the right to remove or delete any information from the Portal at any time, at its sole discretion. Neither the Company nor its suppliers or distributors offer specific warranties about the Services and Content; the Company excludes all warranties to the extent permitted by applicable law.

In accordance with the Terms and Conditions, the Company does not assume and will not assume any type of liability to any person, arising or that could arise from the Services and

Content, navigation on the Portal, queries, clarifications, and/or any other type of response provided by the Company through any communication means.

The User agrees to hold harmless and indemnify the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, attorneys, representatives, and/or any person related to it, from any liability that could be attributed in connection with or related to the Portal, the provision of the Services and Content, or any other matter arising from these Terms and Conditions.

The User understands and agrees that the Company’s liability of any kind will, in all cases, be limited to the amount paid as consideration for the Services and Content.

5.1 RETURNS AND CANCELLATIONS. For the safety of the Users, they may cancel the Services and Content they purchase on the Portal at any time, at their sole discretion and without any liability.

The User acknowledges that charges made to debit or credit cards for the Services and Content will not be refundable, and that by making such payments, they are subject to the Terms and Conditions of the service providers related to those payments.

5.2 SUBSCRIPTIONS. It is possible that for the use and/or contracting of some or all of the Services and Content, user registration will be required, and that the User must have a valid automatic payment method associated with such registration, a method which may be modified or canceled at the User’s discretion. In such cases, the User will be subject to the Terms and Conditions of the payment platform.

5.3 SHIPMENTS. The Company will not be responsible for any delays and/or non-fulfillment regarding shipments made by third parties unrelated to the Company. The User accepts the attached risks and agrees to the Terms and Conditions of the service provider responsible for the shipment.

6. THIRD-PARTY LINKED GOODS AND SERVICES. The fact that information is offered on the Portal or on other linked or connected sites does not imply the recommendation, warranty, sponsorship, or approval by the Company regarding such information, goods, and/or services. The availability of goods and/or services offered by third parties or by linked or connected sites is not the responsibility of the Company. As a result, the Company will not be liable to any authority of any kind for any matter related to the sale, consumption, distribution, delivery, availability, or provision of any goods and/or services offered by third parties or by sites linked or connected through the Portal.

Regarding the Services and Content provided by third parties within or through links to the Portal (such as links, banners, and buttons), the Company is limited exclusively, for the User’s convenience, to:

(i) informing the User about them, and (ii) providing a means to connect the User with suppliers or vendors. The products and/or services marketed within the Portal and/or on third-party linked sites are provided by independent merchants and will in no case be considered the responsibility of the Company. There is no employment relationship, partnership, or joint venture between the Company and such third parties. All advice, recommendations, statements, information, and content on third-party linked pages or within the Portal represent the opinions and judgments of such third parties; therefore, the Company will not be responsible for any damage or harm suffered by the User as a result of these.

7. CONFIDENTIALITY. The Company agrees to keep confidential the information received from the User that is deemed confidential according to the applicable legal provisions in the United Mexican States; the Company assumes no obligation to maintain the confidentiality of any other information provided by the User.

8. USE OF NON-CONFIDENTIAL INFORMATION. By using the Portal, the User authorizes the Company, including but not limited to, to use, publish, reproduce, disclose, publicly communicate, and transmit non-confidential information, in accordance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties, the Federal Copyright Law, the Federal Consumer Protection Law, and any other applicable Mexican legislation.

9. COOKIES. The User who accesses the Portal agrees to receive files transmitted by the Company’s servers. A “Cookie” is a data file that is stored on the User’s computer hard drive when they access the Portal. These files may contain information such as the identification provided by the User or information to track the pages the User has visited. A Cookie cannot read data or information from the User’s hard drive nor read Cookies created by other sites or pages.

Generally, Cookies are automatically accepted, but the User can change the settings of their browser at any time. If the User decides to reject Cookies, certain sections of the Portal may not function optimally or may not function at all.

10. PERSONAL DATA PRIVACY NOTICE. All information collected by the Company from the User is treated with absolute confidentiality in accordance with the applicable legal provisions in Mexican legislation.

To learn more about the protection of your personal data, please refer to our Privacy Notice.

11. ACCESS CODES. At all times, the User is the sole and ultimate responsible party for maintaining the confidentiality of the access codes they may have and with which they have access to certain Services and Content of the Portal.

11.1 ACCOUNTS. By creating an account on the Portal, the User declares, under oath, that they are at least 18 years of age or of legal age in their jurisdiction; the User acknowledges that they are responsible for any activity carried out with or through that account and acknowledges that they are aware of and accept the conditions established in these Terms and Conditions and the Privacy Notice.

12. MODIFICATIONS. The Company has the right to modify, at any time, the Terms and Conditions, without prior notice and/or consent from the User. Consequently, the User should carefully read the Terms and Conditions every time they intend to use the Portal. Certain Services and Content offered to Users on and/or through the Portal are subject to specific terms that replace, complement, and/or modify these Terms and Conditions. Therefore, the User must also carefully read the corresponding specific terms before accessing any of the Services and Content.

13. APPLICABLE LAWS AND JURISDICTION. For the interpretation, compliance, and enforcement of these Terms and Conditions, the User agrees that the Federal Laws of the United Mexican States shall apply, and the courts of Cozumel, Quintana Roo, shall have jurisdiction, expressly waiving any other jurisdiction or venue that may correspond to them due to their present or future domicile or for any other reason.

14. CONTACT. The User can contact the Company’s staff at any time for any clarification, comment, question, and/or suggestion related to the Services and Content, the Portal, and/or these Terms and Conditions at wecare@loscincosoles.com.

CONTACT

Av. Rafael E. Melgar x Calle 8 Nte. 27 Col. Centro Cozumel, Quintana Roo

wecare@loscincosoles.com

+(52) 987 872 9004

Lun-Sab: 8:00 AM - 8:00 PM
Dom: 10:00 AM - 6:00 PM

Reserva de Derechos: 04-2024-112217483700 – 203 Emitido por INDAUTOR.