Terms and Conditions
To Users, we inform them that the following Terms and Conditions are applicable for the simple use or access to any of the pages, web and mobile applications, software and applications in general, provided by Tiendas Tropicales and have a connection www.loscincosoles.com (hereinafter and, jointly and in- distinctly “Los Cinco Soles”). The User understands and agrees to be bound to them by the simple visit of Los Cinco Soles. In the event, the User does not agrees with any part of the Terms and Conditions, you must refrain from accessing or using Los Cinco Soles and/or using any of Los Cinco Soles’s services, con- tents or products available therein.
Tiendas Tropicales S.A. de C.V. and/or its subsidiaries, controllers, related parties and affiliates (hereinaf- ter, jointly and without distinction, the “Company”) reserve the right to discretionally modify the content of Los Cinco Soles at any time, without the need for prior notice.
The User, is understood as the person who uses or accesses Los Cinco Soles, using a computer equip- ment and/or any communication equipment or device (hereinafter the “User”). The User agrees not to use devices, software, or any another means tending to interfere both in the activities and/or operations of Los Cinco Soles, in the databases and/or information that is contained in it.
- USE AND RESTRICTIONS. The access or use of Los Cinco Soles means the full and unreserved adheren- ce of the User to these Terms and Conditions. The User recognizing that, to use Los Cinco Soles, they must make a registration, meeting the following requirements:
- Must be at least 18 years old
- Complete the required form on Los Cinco Soles
- Create a personal and non-transferable account
- Provide an email and unique password to access Los Cinco Soles
- Individual photograph, which will be used to verify the identity of the User
- Download the mobile applications that are part of Los Cinco Soles
By using Los Cinco Soles, the User guarantees that the data provided for registration is true, exact and complete, so that, in the event of modifying them, they must update them on Los Cinco Soles. The User will be identified in by Los Cinco Soles with the email address provided for registration, each registration corresponds to a unique User. The User undertakes not to disclose their email and unique password to access Los Cinco Soles, being the User the sole responsible for any use of Los Cinco Soles.
The Company shall have the right to deny, restrict or condition the User’s access to Los Cinco Soles, in whole or in part, at its sole discretion, as well as to the Services and Contents acquired on Los Cinco So- les, at any time and without the need for prior notice.
The User acknowledges that not all the Services and Contents are available in all geographic areas and that some Services and Contents may be used only after they have been contracted, activated or previously registered by the User and/or by paying for them. The Company does not guarantee the availability and continuity of the operation of Los Cinco Soles and the Services and Contents, nor the usefulness of Los Cinco Soles or the Services and Contents in relation to any specific activity, regardless of the means of access used by the User. The Company will not be responsible for any damage or loss of any nature that may be caused due to the lack of availability or continuity of operation of Los Cinco Soles and/or the Services and Contents.
The use of the Services and Contents on Los Cinco Soles is the sole responsibility of the User, who in any case must use them according to the functionalities allowed in Los Cinco Soles itself and the uses autho- rized in these Terms and Conditions, for which the User undertakes to use them in such a way that they do not contravene good customs, the rights of third parties, the rules of use and coexistence on the Internet, the laws of Mexico and the legislation in force in the country in which the User is at when acces- sing Los Cinco Soles and use the Services and Contents. Los Cinco Soles is for the individual use of the User, therefore, the Services and Contents may not be commercialized in any way.
- The User may not prevent any other User from using Los Cinco Soles or the Services and Contents. The User does not have the right to place hyperlinks within Los Cinco Soles, to use the Los Cinco Soles’s links, nor the right to place or use the Services and Contents on their own sites or pages or those of third parties without prior written authorization from the Company, for example, but not limi- ted to, the User agrees to:
- Not to use Los Cinco Soles for illegal purposes;
- Not to use Los Cinco Soles under the name of another User;
- Not to use Los Cinco Soles fraudulently;
- Do not alter or modify Los Cinco Soles;
- Not to introduce computer viruses, defective files, or any other computer program that may cause da- mage or alterations to Los Cinco Soles;
- Not to carry out advertising actions for goods or services without the prior consent of the Company;
- Not to host, store, disclose, publish, distribute or share any material that is illegal on Los Cinco
- INTELLECTUAL The intellectual property rights, industrial property regarding the Services and Contents, the distinctive signs and domains of Los Cinco Soles, as well as the rights of use and ex- ploitation of these, 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 intellec- tual and/or industrial property rights by simply using or accessing the Services and Contents of Los Cinco Soles and, at no time, will such use be considered an authorization or license to use the Services and Contents for diﬀerent purposes to those contemplated in these Terms and Conditions.
- INTELLECTUAL PROPERTY OF THIRD The User agrees that the provisions established in arti- cle 3 above regarding the ownership of the Company’s rights are also applicable to the rights of third parties regarding the Services and Contents of Los Cinco Soles, domains or information presented or lin- ked to Los Cinco Soles.
- QUALITY OF SERVICES AND CONTENT AND ITS GUARANTEES. Neither the Company, nor its suppliers or business partners, will be responsible for any loss or damage suﬀered by the User from the use of the Services and The recommendations and advice obtained through Los Cinco Soles are of a general nature, so they should not be taken into account when making personal or professional decisions. For this, an appropria- te professional should be consulted who can advise the User according to their specific needs.
The Company does not oﬀer any type of guarantee in relation to the Services and Contents. Los Cinco Soles is provided by the Company “as is” and “as available”. The Company does not give any guarantee of any kind, express or implicit, in relation to the operation of Los Cinco Soles, information, content, materials or products included. The User expressly accepts that the use of Los Cinco Soles is at their own risk. The Company reserves the right to remove or delete any information from Los Cinco Soles, at any time, at its sole discretion. Neither the Company, nor its suppliers or distributors oﬀer specific guaran- tees on the Services and Contents; the Company excludes all warranties to the extent permitted by applicable laws.
In accordance with the Terms and Conditions, the Company does not assume or will assume any type of responsibility towards any person, derived or that could be derived by the Services and Contents, in Los Cinco Soles, queries, clarifications and/or any other kind of response granted by the Company by any means of communication.
The User agrees to leave the Company, its shareholders, subsidiaries, affiliates, officers, directors, em- ployees, advisers, attorneys, representatives and / or any person related to it free from any liability that may be attributed by virtue of and / or in relation to Los Cinco Soles, the provision of Services and Con- tent or any other derivative of these Terms and Conditions.
The User understands and accepts that the Company will be limited by liability of any kind, in all cases, to the amount paid as consideration for the Services and Contents.
- RETURNS AND CANCELLATIONS. For the safety of the Users, at any time they may cancel the Services and Contents that they acquire on Los Cinco Soles, at their sole discretion and without any. The User acknowledges that the charges made to debit or credit cards, due to the Services and Contents, will not be subject to a refund and, that when making said payments, they are subject to the Terms and Conditions of the service providers related to such payments.
- It is possible that for the use and / or contracting of some or all of the Services and Contents, the User’s registration is necessary and that the User has an automatic and valid payment method associated with said registration, a method that may be modified or canceled, at the User’s dis- cretion. Where appropriate, the User will be subject to the Terms and Conditions of the payment plat- form, which is a payment platform independent of the Company, that facilitates a safe and agile transaction for the User.
- The Company will not be responsible for any delay and / or non-compliance regarding shipments made or through third parties outside the Company, the User accepts the attached risks and is subject to the Terms and Conditions of the service provider in charge of the shipment.
- LINKED THIRD PARTY GOODS AND SERVICES. The fact that information is oﬀered on Los Cinco Soles or on other linked sites does not imply the recommendation, guarantee, sponsorship or approval by the Company regarding said information, goods and / or services. The availability of goods and / or services oﬀered by third parties or by linked sites is not the responsibility of the By virtue of the fore- going, the Company will not be responsible to any authority of any nature, for any matter related to the sale, consumption, distribution, delivery, availability or provision with respect to any of the goods and / or services oﬀered by third parties or by sites linked or linked through Los Cinco Soles.
Regarding the Services and Contents provided by third parties within or through links to Los Cinco Soles (such as links, banners and buttons), the Company is exclusively limited, for the User’s convenience, to:
(i) inform the User about them and, (ii) to provide a means to put the User in contact with suppliers or vendors. The products and / or services that are marketed within Los Cinco Soles and / or on linked third- party sites are provided by independent merchants and under no circumstances shall it be understood that they are the responsibility of the Company. There is no type of employment relationship, association or partnership between the Company and said third parties. All advice, advice, statement, information and content on the pages of third parties linked to or within Los Cinco Soles represent the opinions and judgments of said third party, consequently, the Company will not be responsible for any damage or harm suﬀered by the User as a result of these.
- The Company is obliged to keep confidential the information it receives from the User of this nature in accordance with the legal provisions applicable in Mexico. The Company does not assume any obligation to keep confidential any other information that the User provides.
- USE OF NON-CONFIDENTIAL INFORMATION. By using Los Cinco Soles, the User authorizes the Com- pany, but not limited to, to use, publish, reproduce, disclose, publicly communicate and transmit non- confidential information, in terms of the provisions of the Federal Law on Protection of Personal Data in Possession of Private Parties, in the Federal Copyright Law, in the Federal Consumer Protection Law and in any other applicable in Mexican
- The User who has access to Los Cinco Soles agrees to receive files transmitted by the Com- pany’s servers. A “Cookie” is a data file that is stored on the hard drive of the User’s computer when the User accesses Los Cinco Soles. Said 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 the data or infor- mation on the User’s hard drive or read the Cookies created by other sites or pages.
Generally, Cookies are accepted automatically, the User can change the configuration of its browser at any time. In the event that the User decides to reject Cookies, it is possible that certain sections of Los Cinco Soles do not have their optimal operation or even do not work at all.
- NOTICE OF PRIVACY OF PERSONAL All the information that the Company collects from the User is treated with absolute confidentiality in accordance with the applicable legal provisions in Mexi- can legislation. To learn more about the protection of your personal data, please consult our Privacy Po- licy.
- ACCESS KEYS. At all times, the User is the sole and final responsible for keeping secret the access co- des that he may have and with which he has access to certain Services and Contents of Los Cinco
- The Company will have the right to modify, at any time, the Terms and Conditions, without prior notice and / or consent of the User. Consequently, the User must carefully read the Terms and Conditions each time it intends to use Los Cinco Soles. Certain Services and Contents oﬀered to Users on and / or through Los Cinco Soles are subject to their own particular conditions that substitute, complete and / or modify these Terms and Conditions. Consequently, the User must also carefully read the corresponding particular conditions before accessing any of the Services and Contents.
- APPLICABLE LAW AND JURISDICTION. For the interpretation, compliance and execution of these Terms and Conditions, the User agrees that the Federal laws of Mexico and the competent courts of San Luis Potosí, San Luis Potosí will be applicable, expressly waiving any other jurisdiction or jurisdiction that may correspond to them due to their present or future addresses or for any other
- The User can contact, at any time, the Company’s staﬀ for any clarification, comment, doubt and / or suggestion related to the Services and Contents, with Los Cinco Soles and / or with these Terms and Conditions at firstname.lastname@example.org