Terms and Conditions
OBJECT
This document constitutes an adhesion contract for the use of the Internet page www.alberuetfils.com (hereinafter “Website” and/or “Website”) entered into by: on the one hand, ALBESSENSE SKIN CARE, SAPI de CV (hereinafter “ ALBERÚ ET FILS ”), in its capacity as responsible and on the other hand, the User, both parties subjecting themselves to the provisions of this document.
ACCEPTANCE OF THE TERMS AND CONDITIONS
By entering and using this Internet portal, identified with the domain name www.alberuetfils.com property of ALBERÚ ET FILS the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares his acceptance using electronic means for this purpose, in terms of the provisions of article 1803 and other provisions of the Federal Civil Code.
For the purposes of this contract, the parties agree that "User" will be understood as any person of any nature who enters the website www.alberuetfils.com and/or any of the subpages that display its content and/or the person of any nature that registers and/or uses any of the services offered through said page.
If the User does not absolutely and completely accept the Terms and Conditions of this contract, the User must refrain from accessing, using and observing the Website and/or any other service offered. ALBERÚ ET FILS.
In the event that the User accesses, uses and observes the Site, it will be considered 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.
ALBERÚ ET FILS will not keep an individual copy of this agreement entered into 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, ALBERÚ ET FILS may cancel its use, as well as exclude the User from future operations, and/or take legal action that it deems appropriate for its interests.
USE OF THE SITE www.alberuetfils.com
The User and ALBERÚ ET FILS agree that:
- In order to use the Website, the User must be at least 18 years of age or accessing it under the supervision of a parent or legal guardian.
- ALBERÚ ET FILS 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 alberuetfils.com website exclusively for personal use, so the commercial use of said information is expressly and strictly prohibited. If you are a legal entity, you will be subject to the provisions of article 148, section IV of the Federal Copyright Law. The reprinting, publication, distribution, assignment, sublicense, sale, electronic reproduction or by other means, partial or total, of any information, image, document or graphic that appears on the website www.alberuetfils.com , for any use other than non-commercial personal use is expressly prohibited to the User, unless he or she has prior written authorization from ALBERÚ ET FILS . 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.alberuetfils.com* may require registration or subscription. The User acknowledges that, by providing personal information, he or she grants ALBERÚ ET FILS 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 functions, the User agrees to provide accurate and up-to-date information about himself, and to promptly update that information if there are any changes.
- Each Site User is solely responsible for keeping passwords and other account identifiers secure. The account holder is fully responsible for all activities that occur under his or her password or account. Furthermore, the User must notify the Company of any unauthorized use of their password or account. No way, ALBERÚ ET FILS will be responsible, directly or indirectly, for any loss or damage of any kind incurred as a result of the User's failure to comply with this section.
- During the registration process, the User agrees to receive promotional emails from *www.alberuetfils.com* . However, you may subsequently opt out of receiving such promotional emails by clicking the link at the bottom of any promotional email.
- ALBERÚ ET FILS reserves the right to block access or remove partially or totally any information, communication or material that in its sole judgment may be: i) abusive, defamatory or obscene; ii) fraudulent, artificial or deceptive; iii) violating copyright, trademarks, confidentiality, industrial secrets or any intellectual property rights of a third party; iv) offensive or; v) that in any way contravenes the provisions of this contract.
- ALBERÚ ET FILS does not presume that the content of its Page can be legally viewed outside the United Mexican States. Access to the content may not be legal for certain persons or in certain countries. If the User accesses the content from outside the United Mexican States, he or she does so at his or her 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 ALBERÚ ET FILS ; The User is prohibited from: (a) accessing data that the User is not authorized to use or logging into a server or an account to which the User does not have authorized access; (b) attempting to examine, scan, or test the vulnerability of a computer system or network or to breach security or authentication measures without proper authorization; (c) attempt to interfere with any other User's use, hosting service or network, including, without limitation, transmitting a virus to the Website or to the Website's affiliated websites. ALBERÚ ET FILS ; cause saturation of such sites by "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited emails, including promotions and/or advertising of products or services, or; (e) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
- The User acknowledges that violations of the computer system or network security may generate civil or criminal liability. ALBERÚ ET FILS 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.
- To properly enter the Site, Users must have the equipment and facilities necessary for their Internet connection (computer, telephone, modem, programs, etc.), with the use of this equipment being their sole responsibility.
- ALBERÚ ET FILS is exempt from any liability that occurs due to interruptions or suspensions of the Internet access service caused by failure in the telecommunications system, in the supply of electrical energy, fortuitous cases or force majeure or an action of third parties that may disable the equipment that provides access to the network.
- Due to the above, ALBERÚ ET FILS is not responsible for any damage, loss or loss to the User caused by failures in the system, the server or the Internet. The Company will also not be responsible for any virus that may infect the User's equipment as a result of access, use or examination of the Site or as a result of any transfer of data, files, images, text, or audio contained therein. Users may NOT attribute any responsibility or demand payment of damages or losses due to technical difficulties or failures in the systems or on the Internet. ALBERÚ ET FILS does not guarantee continued 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 liability being attributed to it. ALBERÚ ET FILS will not be responsible for any error or omission contained on the Site.
INTELLECTUAL AND INDUSTRIAL PROPERTY, AND COPYRIGHT
ALBERÚ ET FILS recognizes that it is the sole owner of the intellectual property rights, whether registered or unregistered, on the site *www.alberuetfils.com* , including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, brands, domain names, trade names and data included on the Website *www.alberuetfils.com* . The entire content of our page is also protected by copyright 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.
Copying, reproduction, adaptation, modification, distribution, commercialization, license, sending, disclosure, public communication and/or any other action that generates a violation of current Mexican or international legislation on intellectual and/or industrial property is prohibited. as well as the use of the contents of the Site without prior express written authorization of ALBERÚ ET FILS .
In the event that the User transmits to ALBERÚ ET FILS any information, programs, applications, software or in general any material that requires licensing through the Website *www.alberuetfils.com* , the User hereby grants to ALBERÚ ET FILS a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display and publicly perform them.
The provisions of the previous paragraph will also apply to any other information that the User sends or transmits to ALBERÚ ET FILS , including, without limitation, questions, criticisms, comments and suggestions to renew or improve the Website, whether these have been included in any space on the indicated page or by virtue of other known means or modes of transmission. or that are developed in the future. Furthermore, when the User sends comments or criticisms to the website, they also grant ALBERÚ ET FILS 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 renounces in this act to carry out any action, demand or claim against ALBERÚ ET FILS , its affiliates or suppliers for any current or eventual violation of any copyright or intellectual property rights derived from the information, programs, applications, software, ideas and other material that the User himself sends to the website *www.alberuetfils. com* .
If it is considered that any content published on the Website violates intellectual or industrial property rights, the User may make a notification by contacting the Customer Service center of ALBERÚ ET FILS . The User will have to indicate: i) true personal data (name, address, telephone number and email address of the claimant); ii) handwritten 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 intellectual property rights allegedly infringed, as well as the location of said violations on the referred website; iv) express and clear declaration that the introduction of the indicated content(s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; v) express, clear declaration 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 an advantage of the Website for the User and do not imply that ALBERÚ ET FILS has approved the content of said third party websites. ALBERÚ ET FILS is not responsible for the content of linked third-party websites and makes no representations regarding the content or truthfulness of material on such third-party sites. If the User decides to access third-party websites through these links, they do so under their own responsibility and risk.
ADVERTISING MATERIAL
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 relevant laws and regulatory codes. ALBERÚ ET FILS is not responsible for any error or inaccuracy in advertising materials.
Likewise, the User hereby acknowledges and accepts that said Advertising Material is protected by the applicable intellectual and industrial property laws.
WARRANTY OF THE PURCHASED PRODUCTS
ALBERÚ ET FILS acts as a manufacturer, distributor of manufacturers or wholesale distributors that guarantee that the products sold on the website *www.alberuetfils.com* function correctly and do not present defects or hidden defects that could make them dangerous or unsuitable for use. normal use. Notwithstanding the foregoing, the use that each User gives to the products is their exclusive responsibility, without any responsibility of ALBERÚ ET FILS .
No User may request a broader guarantee than that indicated there. In such cases, ALBERÚ ET FILS will not be obliged to respond for said guarantees, nor to collect the damaged product(s).
The warranty will lose its validity in the event 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's or manufacturer's instructions.
Products transported, modified or repaired by the User or any other person not authorized by ALBERÚ ET FILS . The guarantee will not apply to apparent defects and conformity defects of the product, for which any claim must be made by the User in question within 7 (s) calendar days following delivery of the products.
ALBERÚ ET FILS is exempt from any liability that occurs due to misuse, alterations and/or modifications of any product, side effects or allergies to the components of any formula. The consumption of the products will be the responsibility of the person who recommends it and the person who consumes it.
Therefore, the User expressly renounces in this act to carry out any action, demand or claim against ALBERÚ ET FILS , its affiliates or suppliers for any misuse, alteration and/or modifications of any product, side effects or allergies to the components of any formula purchased at *www.alberuetfils.com* or with one of its distributors.
Any clarification for a purchase made through a third party or supplier of ALBERÚ ET FILS , the User agrees to review it directly with them and ALBERÚ ET FILS is exempt from any responsibility.
PRODUCT INFORMATION
The information given about each product, as well as the photographs or videos related to them and the trade names, brands or distinctive signs of any kind contained on the Site ALBERÚ ET FILS , are presented for guidance purposes only. ALBERÚ ET FILS is not responsible for any error or inaccuracy in product information.
PROMOTIONS
ALBERÚ ET FILS 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.
PURCHASE OF THE PRODUCTS
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 ALBERÚ ET FILS make available to the User on the Website.
Once the purchase is made by the User, through implicit acceptance of the Terms and Conditions of Use, ALBERÚ ET FILS will send an e-mail to the User informing the details of the purchase made.
RESPONSIBILITY FOR USE OF PRODUCTS
The use of all the products you sell ALBERÚ ET FILS are the responsibility of the person who uses them, so Users must review the labeling of each product to find out about the components, as well as follow the instructions indicated on each label. If you experience any allergic or any type of reaction, use of the product or products should be discontinued.
ALBERÚ ET FILS recommends performing a hypersensitivity test before using this type of product. To perform this test, the User must place a small amount of the product on the inside of the elbow and spread it to detect any allergy or immunological reaction. If this occurs, you should stop using it and see a doctor.
PAY
Payment for products purchased on the Site may be made through any of the payment methods offered by the Site. The list of payment methods offered may be subject to modification at any time without prior notice to Users.
Payment by credit card or any other online payment method must be made on the Site.
The order number assigned when carrying out the transaction on the Site does not imply acceptance of the transaction. If you have any problem with your order, the User will be notified by email or telephone.
ALBERÚ ET FILS 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.
ALBERÚ ET FILS reserves the right to request official documents from its clients, as a means of validation of the product acquisition process through the Site.
In case of ignorance on the part of the Banking Institution corresponding to the charges made by the corresponding User through credit card and derived from operations carried out on the Site, ALBERÚ ET FILS reserves the right to initiate the corresponding legal actions and establish 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 charging the card again. of credit of said User until the User's definitive withdrawal from the Site, for which prior authorization from the User will not be required.
If it is necessary to review the purchase ALBERÚ ET FILS reserves the right to request the following documents from the User:
- Valid official identification.
- Proof of the charge in which the issuing Bank notifies the debit.
Important : ALBERÚ ET FILS may cancel and refund the purchase if the User does not receive the documents required for the review and release of the order within 48 business hours.
ACCEPTANCE ORDER AND PRICES
All product prices indicated through the Website include VAT and other taxes that may apply. However, these prices do not include the costs corresponding to the shipping 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, ALBERÚ ET FILS 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.
ALBERÚ ET FILS will provide the most accurate pricing information to 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 is priced incorrectly, we may, at our discretion, ALBERÚ ET FILS contacts the User to request instructions or cancel the order and will notify the User of such cancellation. It is worth mentioning that, ALBERÚ ET FILS will have the right to cancel such orders, whether or not the order has been confirmed and paid.
PRODUCT AVAILABILITY
All products offered on the Site are subject to stock and availability, so delivery time may vary with prior notice from us, or the order may even be canceled and the User's charges refunded in case .
If the delivery time offered is not to the User's complete satisfaction, the order can be requested to be cancelled.
SHIPPING COSTS AND DELIVERY OF PRODUCTS
ALBERÚ ET FILS 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 ALBERÚ ET FILS .
The delivery time begins upon confirmation of payment by the bank, online payment platform, or Credit department of ALBERÚ ET FILS .
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 offices of ALBERÚ ET FILS .
In the event that the Products have already been sent by ALBERÚ ET FILS the User will not be able to cancel the purchase made, and will have to follow the procedure presented in the “Returns” section.
USER RESPONSIBILITY IN RELATION TO THE PRODUCTS
ALBERÚ ET FILS is exempt from any liability that occurs due to misuse, alterations and/or modifications of any product, side effects or allergies to the components of any formula. The consumption of the products will be the responsibility of the person who recommends it and the person who consumes it.
USER RESPONSIBILITY IN RELATION TO TRANSACTIONS
The User assumes responsibility for all costs, fees, taxes and demands that will arise from the use of this Website. The access data communicated to the User for their profile have been designed exclusively for personal use, and must be treated confidentially. The User must modify their passwords regularly. All transactions carried out through the profile account will be charged to the owner of the relevant profile account, and will be binding.
The User is responsible without limitations for direct and indirect damages, as well as consequential damages, that could be caused by gross negligence or illegal intention.
BILLING POLICIES
The User must send a billing request to the Company's customer service center 24 hours from when the purchase was made, on business days from 10 a.m. to 5 p.m. Invoice requests will not be processed for purchases that do not fall within this period and only purchases from the same month are invoiced.
When requesting the invoice, it will be necessary for the User to have on hand and provide the following tax requirements to contacto@alberuetfils.com
- RFC with Homoclave
- Full name or company name
- Complete tax address including street, neighborhood, delegation or municipality, state and postal code
- Form in which the Payment was made (cash, electronic fund transfers, nominative checks or debit, credit, service cards or so-called electronic wallets authorized by the Tax Administration Service)
- Indicate at least the last 4 digits of your payment account
- Email where the invoice will arrive
- CSF updated
- Once the corresponding invoice has been issued, ALBERÚ ET FILS will not be able to re-invoice or issue subsequent invoices.
RESTRICTIONS FOR MINORS
ALBERÚ ET FILS 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, as long as the User is not the parent or legal representative of the minor offender.
RESPONSIBILITY
The User in this act undertakes to indemnify and remove in peace and safety to ALBERÚ ET FILS and its subsidiaries, parent company, shareholders, directors, employees, officers, directors and agents against any actions, procedures, responsibilities, demands, claims, losses, responsibilities, damages, costs, damages, expenses and costs, as well as expenses, costs and fees of lawyers and external advisors that arise from or are related to the violation by the User of: (i) these Terms and Conditions, and/or (ii) any laws, rules, decrees or regulations in force. .
ALBERÚ ET FILS 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 ALBERÚ ET FILS in the development of the relevant defenses.
MODIFICATIONS TO THE SITE *www.alberuetfils.com*
ALBERÚ ET FILS may at any time and when it deems appropriate, 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 that this does not give rise to any right to any claim or compensation, nor does this imply 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 upon publication on the Site.
ALBERÚ ET FILS reserves the right to make changes to this document without prior notice. For the above ALBERÚ ET FILS recommends that the User regularly re-read this document, so that they are always informed of any possible modifications. Alterations to the contract will become effective immediately upon publication on the Site. Once the modifications are made, it will be presumed that the User who continues to use the Site will be fully aware of, will have read and consent to the amended Terms and Conditions. If the User does not accept the modified terms and conditions, they must stop using the Website.
ALBERÚ ET FILS 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 ALBERÚ ET FILS that must compensate the User.
SUBSISTENCE
These Terms and Conditions of Use, as well as any additional terms, constitute the entire agreement between the parties, and supersede any other agreement or contract entered into previously. Any clause or provision of this contract, as well as the additional terms, legally declared invalid, will be eliminated or modified at the option of ALBERÚ ET FILS , in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their force, obligation and validity.
ADDITIONAL TERMS
Occasionally, ALBERÚ ET FILS 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.alberuetfils.com* , which will be published in the specific areas or new services of said site for reading and acceptance. The User acknowledges and accepts that these additional terms are 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.
CESSION OF RIGHTS
The rights granted to the User must be considered personal rights and the User may not assign or transmit them, nor authorize any third party to use them in any way. ALBERÚ ET FILS may assign all or part of its rights and/or obligations under its charge to any third party, subsidiary or controller of ALBERÚ ET FILS without prior authorization from the User. By virtue of said assignment, ALBERÚ ET FILS will be released from any obligation in favor of the User, established in this contract.
NO WAIVER OF RIGHTS
The inactivity on the part of ALBERÚ ET FILS , its affiliates or suppliers to exercise any right or action derived from this contract, at no time should it be interpreted as a waiver of said rights or actions.
COMPENSATION
The User agrees to indemnify ALBERÚ ET FILS , its affiliates, suppliers, sellers and advisors for any action, demand or claim (including legal fees and legal costs) arising from any breach by the User of this agreement; including, without limitation, any of those derived from:
- Any aspect related to the use of the website *www.alberuetfils.com* .
- The information contained or available on or through said Site or libel, 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.
OTHERS
If any provision set forth in these Terms and Conditions is illegal, void or unenforceable in any jurisdiction, it will not affect: (i) the legality, validity or exercise in such jurisdiction of any other provision of this agreement; or (ii) the legality, validity or exercise in any other jurisdiction of such or any other provision of this agreement.
ALBERÚ ET FILS may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver thereof, unless expressly recognized by ALBERÚ ET FILS , or prescription of the action that corresponds to each case.
The headings of the clauses are incorporated herein only for convenience and for better handling, so they will in no way be considered 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 ALBERÚ ET FILS through the Website, constitute the entire agreement between the User and ALBERÚ ET FILS in relation to the Services offered by ALBERÚ ET FILS through the Website.