TERMS AND CONDITIONS
ADHESION CONTRACT REGARDING THE WEBSITE WWW.edwardsjeans.com ENTERED INTO BY AND BETWEEN blue sky jeans SA DE CV, HEREINAFTER “EDWARDS JEANS” AND THE USER, BOTH PARTIES AGREEING TO THE TERMS AND CONDITIONS SET FORTH IN THE TEXT OF THIS CONTRACT
- Acceptance and adoption of the terms
1.1. By accessing and using this Internet portal, whose domain name is: www.edwardsjeans.com owned by EDWARDS JEANS, you (the User) are accepting the terms and conditions contained in this agreement and expressly declare your acceptance, using electronic means for this purpose, in accordance with the provisions of Article 1803 and 1834bis of the Federal Civil Code, 80, 81, 89 and other relevant and applicable articles of the Commercial Code and other relevant and applicable legislation.
1.2. If the User does not fully and completely accept the terms and conditions of this agreement, they must refrain from accessing, using, and viewing www.edwardsjeans.com
1.3. If the User continues to use www.edwardsjeans.com, this action will be considered as their absolute and express acceptance of the terms and conditions stipulated herein.
1.4. The mere fact that the user (hereinafter referred to as the "User" or "Users") uses www.edwardsjeans.com grants and implies the full and unconditional acceptance of each and every one of the general and specific conditions included in these terms and conditions of use in the version published and managed by EDWARDS JEANS, at the very moment the User accesses the page. Any modification to these terms and conditions will be made when EDWARDS JEANS deems it appropriate, and it is the User's sole responsibility to ensure they are aware of such modifications.
1.5. The parties declare that there is no error, fraud, bad faith or any other defect of consent that could invalidate the present
instrument, both agree to abide by the terms stipulated in this document.
- Service description
2.1. The use of edwardsjeans.com is subject to the conditions set out in these terms and conditions.
2.2. EDWARDS JEANS grants and confers upon the User the non-exclusive, revocable and non-transferable right to view and use edwardsjeans.com, in accordance with the terms and conditions set forth herein.
2.3. To use the service, the User must register at edwardsjeans.com. By doing so, EDWARDS JEANS grants the User the right to use the Service. This right is non-exclusive and non-transferable.
2.4. Notwithstanding the foregoing, EDWARDS JEANS reserves the right, at its sole discretion, not to accept the User's registration.
2.5. The User may only print and/or copy any information contained or published on edwardsjeans.com exclusively for their personal, non-commercial use. In the case of a legal entity, the provisions of Article 148, Section IV of the Federal Copyright Law shall apply. The User is reminded that all photographs, works of art, trademarks, and/or catalogs thereof are duly protected under Intellectual Property legislation and are the property of their respective owners. EDWARDS JEANS may have used images belonging to third parties; therefore, ownership of these images belongs to their respective owners and they are not used in accordance with the provisions of Article 62 of the Regulations of the Industrial Property Law.
2.6. The reprinting, republication, distribution, assignment, sublicensing, sale, electronic or any other reproduction of any information, document or graphic from or appearing on edwardsjeans.com in whole or in part, for any use other than personal non-commercial use is expressly prohibited to the User, unless EDWARDS JEANS has previously granted its authorization in an express and written manner.
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Information contained on edwardsjeans.com
3.1. The User acknowledges and accepts that the information published or contained on edwardsjeans.com generated by EDWARDS JEANS or by the suppliers, will be clearly identified in such a way that it is recognized that it comes from EDWARDS JEANS or from the suppliers.
3.2. The information, concepts, and opinions published on www.EDWARDS JEANS.COM do not necessarily reflect the position of EDWARDS JEANS or its employees, officers, directors, shareholders, licensees, and franchisees (hereinafter referred to as the Affiliates). For this reason, EDWARDS JEANS is not responsible for any information, opinions, or concepts expressed on edwardsjeans.com or any other space or service provided through the site. Likewise, EDWARDS JEANS is not responsible for any consequences that may arise from the use of advice, procedures, etc., on the website, it being understood that the use and adherence to such advice, comments, procedures, tips, etc., provided in the aforementioned spaces is at the User's own risk and responsibility.
3.3. EDWARDS JEANS reserves the right to block access to or remove, in whole or in part, any information, communication, or material that, in its sole judgment, may be: (i) abusive, defamatory, obscene, sexual, or racially offensive; (ii) fraudulent, deceptive, or misleading; (iii) in violation of copyrights, trademarks, or any other intellectual property rights of a third party; (iv) offensive; or (v) in any way contrary to the provisions of this agreement. If the User wishes to obtain more information on a specific topic provided by EDWARDS JEANS or its suppliers, the User should consult directly with each of them, as applicable, and/or with a specialist in the field.
3.4. The User acknowledges that EDWARDS JEANS does not attempt to control or pre-censor the content available on the site. Therefore, EDWARDS JEANS assumes no responsibility for content provided to the site by independent providers unrelated to EDWARDS JEANS. EDWARDS JEANS has no editorial control over the content and shall be exempt from any liability for information and/or material generated and/or provided by third parties. All opinions, advice, statements, services, offers, or other information or content expressed or made available to the public by third parties belong to their respective authors, and EDWARDS JEANS assumes no responsibility for them.
3.5. EDWARDS JEANS does not guarantee the accuracy, truthfulness, completeness, and/or usefulness of any content provided by third parties. Furthermore, EDWARDS JEANS is not responsible for, nor does it guarantee, the accuracy, completeness, truthfulness, and/or reliability of any opinion, information, advice, or statement provided by EDWARDS JEANS through its website. Under no circumstances will EDWARDS JEANS be liable for any damages, direct or indirect, caused by the User's reliance on information obtained through this website. EDWARDS JEANS reserves the right to remove or modify website content that, in EDWARDS JEANS' sole judgment, does not meet EDWARDS JEANS' standards or that may be contrary to applicable law. However, EDWARDS JEANS will not be liable for any failure or delay in removing such material.
- Delivery policies, merchandise exchanges and shipping
4.1. Shipping Policies
For a limited time, EDWARDS JEANS offers FREE shipping on purchases of $899.00 or more (eight hundred ninety-nine Mexican pesos), to any part of the Mexican Republic, regardless of weight, by land, from date X to date X.
For purchases under $899.00 (eight hundred and ninety-nine Mexican pesos), shipping has a "standardized cost by zone", which will be charged as follows:
SERVICE
COVERAGE
DELIVERY TIME
KILOS IT COVERS
* Terrestrial
National Coverage
Within 7 business days after the shipment is processed and the transport guide is generated, during open hours from 9:00 to 18:00, Monday to Friday.
Up to 1kg.
Guided service
Purchase less than
Metropolitan area
Rest of the Republic
$899.00
$120.00*
$120*
*VAT Included
Below are the shipping rates AT THE END OF THE LAUNCH CAMPAIGN.SERVICE
COVERAGE
DELIVERY TIME
KILOS IT COVERS
* Terrestrial
National
Within 7 business days after the shipment is processed and the transport guide is generated, during open hours from 9:00 to 18:00, Monday to Friday.
Up to 5Kg.
Guided service
Actual or volumetric weight
Metropolitan area
Rest of the Republic
Up to 5kg
$120.00*
$120*
Overweight
Additional kg
Metropolitan Area
Rest of the Republic
1Kg.
$5.80*
$10.44*
*VAT included.
Orders will be duly delivered to the address indicated for delivery within 7 business days after authorization of the purchase transaction and the product being stocked in our warehouse.- Content
of their respective owners and are protected by international treaties and applicable laws regarding intellectual property and copyright.
5.2. The copyrights on the content, organization, compilation, information, logos, photographs, images, programs, applications, or in general any information contained or published on edwardsjeans.com are duly protected in favor of EDWARDS JEANS, its affiliates, suppliers and/or their respective owners, in accordance with applicable intellectual property legislation.
5.3. The User is expressly prohibited from modifying, altering or deleting, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos or in general any indication that refers to the ownership of information contained in edwardsjeans.com.
5.4. Furthermore, the User shall be solely responsible for the content they publish on edwardsjeans.com, as they declare that they are the holder of the copyright to said content or have the authorization of its rightful owner to include it on edwardsjeans.com. Therefore, they agree to hold EDWARDS JEANS harmless from any claim, complaint, lawsuit, or complaint initiated by any third party regarding the originality or ownership of said content.
5.5. It is the policy of EDWARDS JEANS to act against violations that may arise or originate in matters of Intellectual Property, as stipulated in the applicable legislation and other applicable intellectual property laws, including the removal or blocking of access to material that is subject to activities that infringe the intellectual property rights of third parties.
5.6. If any User or a third party believes that any of the Content found or introduced on edwardsjeans.com and/or any of its Services infringes their intellectual property rights, they must send a notification to EDWARDS JEANS, to the email address mentioned in the following paragraph, indicating at least: (i) personal data(ii) the claimant's name, address, telephone number, and email address; (iii) the handwritten signature with the personal details of the intellectual property rights holder; (iv) a precise and complete description of the Content protected by the allegedly infringed intellectual property rights, as well as its location on edwardsjeans.com; (v) an express and clear statement that the introduction of the indicated content(s) was carried out without the consent of the allegedly infringed intellectual property rights holder; and (v) an express and clear statement, made under penalty of perjury, by the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes an infringement of their intellectual property rights.
Email: edwardsjeans.com
6. Formats and registration6.1. To access the services offered on edwardsjeans.com and make online purchases, the User will need to register, providing EDWARDS JEANS with the data required for registration.
6.2. Users acknowledge that by providing the personal information required in any of the services provided on this website, they grant EDWARDS JEANS the authorization indicated in article 109 of the Federal Copyright Law.
6.3. The User accepts and acknowledges that the data provided will be correct and that, in the event of having provided erroneous, inappropriate or false information to EDWARDS JEANS, which would lead the User to obtain something and/or an undue profit, he would be committing an illegal act, therefore EDWARDS JEANS reserves the right to initiate the actions that may be appropriate before the competent authorities.
6.4. In all cases, Users will be responsible, under oath, for the veracity of the information provided to EDWARDS JEANS, holding it harmless and free from any information provided by the User in a false or incorrect manner, or when they do not have the right or legitimacy to do so.
Responsible for any damages that its misuse may cause.
- Advertising material and links
7.1. The User acknowledges and accepts that EDWARDS JEANS is an organization independent of third-party sponsors and advertisers whose information, images, advertisements and other advertising or promotional material (the "Advertising Material") may be published on edwardsjeans.com.
7.2. The User acknowledges and accepts that the Advertising Material does not form part of the content
main one that is published on edwardsjeans.com. Likewise, the User acknowledges and accepts in this act, that the Advertising Material is protected by the laws that are applicable in matters of intellectual and industrial property.
7.3. Suppliers, users, or other third parties may include links to other websites or web pages within edwardsjeans.com. EDWARDS JEANS has no control over the content of such websites or web pages, and the User acknowledges that EDWARDS JEANS has no responsibility for the availability of Content on them, nor for the Content itself, whether advertising material, products, or services. Therefore, the User accepts and acknowledges that EDWARDS JEANS has no liability for any damages that may be caused to the User by any type of offer made on such websites or web pages.
8. Guarantees and acknowledgments8.1. The User agrees that the use of edwardsjeans.com is at their own risk, and that the services provided and offered on edwardsjeans.com http://www.edwardsjeans.com are provided on an "as is" and "as available" basis. EDWARDS JEANS does not guarantee that edwardsjeans.com will fully meet the user's requirements, or that the services of edwardsjeans.com will always be uninterrupted, timely, secure, or error-free.
8.2. EDWARDS JEANS does not guarantee or endorse in any way the truthfulness, accuracy, legality, morality, or any other characteristic of the content of the material published on edwardsjeans.com. EDWARDS JEANS disclaims all liability and conditions, both express and implied, in relation to the services and information contained on or available through edwardsjeans.com, including, without limitation:
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8.2.1. The availability of use of edwardsjeans.com, due to technical problems attributable to the communication and data transmission systems.
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8.2.2. The absence of viruses, errors, disablers or any other contaminating material or material with destructive functions in the information or programs available on or through edwardsjeans.com, or in general, any failure in edwardsjeans.com.
8.2.3. Notwithstanding the foregoing, EDWARDS JEANS or its suppliers may update the content of edwardsjeans.com constantly, so the User is asked to take into account that some information advertised or contained on or through edwardsjeans.com may have become obsolete and/or contain inaccuracies or typographical or spelling errors.
9. Limitations on liability9.1. To the maximum extent permitted by applicable law, EDWARDS JEANS shall not be liable, under any circumstances, for any direct, special, incidental, indirect, or consequential damages arising out of or related to, including but not limited to:
9.1.1. The use or execution of edwardsjeans.com with the delay or lack of availability of use of EDWARDS JEANS.
9.1.2. The provision or lack of provision of services of any information or graphics contained or published on or through edwardsjeans.com.
9.1.3. On the updating or lack of updating of information.
9.1.4. Any other aspect or characteristic of the information contained or published on edwardsjeans.com or through the links that may eventually be included therein.
9.1.5. The provision or lack of provision of other services, all of the above assumptionsThey will be valid, even in cases where EDWARDS JEANS has been notified or advised about the possibility of such damages occurring.
9.2. Any damage or loss that the User (or Authorized Persons) may suffer in connection with the use of the Service and/or edwardsjeans.com, and which gives rise to a claim by the User (or Authorized Persons) to EDWARDS JEANS, may not exceed or represent a value that exceeds the amount of the monthly Payment multiplied by 12.
10. Minors10.1. To use the site and services, minors must first obtain permission from their parents, guardians, or legal representatives, who will be held responsible for all actions taken by the minors under their care. The adults responsible for minors bear full responsibility for determining the content and services they access.
11. Modifications to edwardsjeans.com and the agreement11.1. EDWARDS JEANS may at any time and when it deems appropriate, without prior notice to the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of edwardsjeans.com, without giving rise to any claim or compensation, nor implying any recognition of responsibility in favor of the User.
11.2. EDWARDS JEANS reserves the right to modify the terms and conditions of this Agreement at any time, with such modifications being effective immediately:
11.2.1. By publication on edwardsjeans.com of the amended Agreement;
11.2.2. By notifying the User of such modifications. The User agrees to review this Agreement periodically to stay informed of such modifications. Notwithstanding the foregoing, each time the User uses edwardsjeans.com, it will be considered as absolute acceptance of the modifications to the Agreement.
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Disclaimer
12.1. Occasionally, EDWARDS JEANS may supplement the terms and conditions of this Agreement with additional provisions relating to specific areas or new services provided on or through edwardsjeans.com ("Additional Terms"), which will be published in the specific areas or for the new services on edwardsjeans.com for your review and acceptance. The User acknowledges and agrees that such Additional Terms form an integral part of this Agreement for all legal purposes.
12.2. EDWARDS JEANS has no obligation to monitor and does not monitor the use that Users make of the Portal, the Services, and the Content. 12.3. In particular, EDWARDS JEANS does not guarantee that Users will use the Portal, the Services, and the Content in accordance with these General Terms and Conditions and, where applicable, the applicable Special Terms and Conditions, nor that they will do so diligently and prudently. EDWARDS JEANS also has no obligation to verify and does not verify the identity of Users, nor the truthfulness, validity, completeness, and/or authenticity of the data that Users provide about themselves to other Users.
12.4. EDWARDS JEANS ASSUMES NO RESPONSIBILITY WHATSOEVER FOR DAMAGES OF ANY KIND THAT MAY ARISE FROM THE USE OF THE SERVICES AND CONTENT BY USERS OR THAT MAY ARISE FROM THE LACK OF TRUTHFULNESS, VALIDITY, COMPLETENESS AND/OR AUTHENTICITY OF THE INFORMATION THAT USERS PROVIDE TO OTHER USERS ABOUT THEMSELVES AND, IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGES OF ANY KIND THAT MAY ARISE FROM THE IMPERSONATION OF A THIRD PARTY CARRIED OUT BY A USER IN ANY KIND OF COMMUNICATION CARRIED OUT THROUGH THE PORTAL.
13.1. EDWARDS JEANS may, at any time and when it deems appropriate, assign all or part of its rights and obligations arising from this Agreement. By virtue of such assignment, EDWARDS JEANS shall be released from any obligation to the User established in this Agreement.
13. Assignment of rights
14. Compensation14.1. The User agrees to indemnify EDWARDS JEANS, its Affiliates, Suppliers, Vendors and Advisors from any action, demand or claim (including attorneys' fees and court costs) arising from any breach by the User of this Agreement, including, without limitation, any arising from:
14.1.1. Any aspect relating to the use of edwardsjeans.com;
14.1.2. From the information contained or available on or through edwardsjeans.com;
14.1.3. Of insults, defamation or any other conduct that violates this agreement by the user in the use of edwardsjeans.com;
14.1.4. For violation of applicable laws or international treaties relating to copyright or intellectual property rights, contained or available on or through edwardsjeans.com.
15. Termination15.1. EDWARDS JEANS reserves the right, at its sole discretion, and without prior notice or notification to the User, to:
15.2. To definitively terminate this contract;
15.3. Discontinue or permanently stop publishing edwardsjeans.com without any liability for EDWARDS JEANS, its affiliates or suppliers.
16. Non-copyright notifications16.1. Any notification that the User wishes to send to EDWARDS JEANS under this Agreement must be sent via email to edwardsjeans.com
17.1. These terms and conditions, as well as the Additional Terms, constitute the entire agreement between the parties and supersede any prior agreements or understandings. Any clause or provision of this Agreement and the Additional Terms that is legally declared invalid will be eliminated or modified, at EDWARDS JEANS' discretion, to correct its defect. However, the remaining clauses or provisions will remain in full force and effect.
17. Subsistence- No waiver of rights
18.1. The failure of EDWARDS JEANS, its Affiliates or Suppliers to exercise any right or action arising from this Agreement shall not at any time be interpreted as a waiver of such rights or actions.
19. Applicable law and jurisdiction20.1. In the event of any dispute arising from or related to this contract, the parties agree to attempt to resolve the dispute amicably through mediation. This mediation shall be conducted in accordance with the Mediation Regulations of the National Chamber of Commerce of Mexico City, in effect at the time the mediation commences. If mediation is unsuccessful, the parties may submit to the jurisdiction of the courts of Mexico City, Federal District, Mexico, expressly waiving any other jurisdiction that may apply. This Agreement shall be governed by and construed in accordance with the laws of Mexico.
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Disclaimer