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LEGAL WARNING

GENERAL CONDITIONS OF CONTRACTING BY ELECTRONIC MEANS (“E-COMMERCE”) OF TINTARELLA.

These General Conditions of Contracting by Electronic Means (hereinafter, the “General Conditions”) are applicable to the access and/or use of the Internet Site www.TINTARELLA.com with regard to contracting by electronic means (“ecommerce”). ) for the purchase of products, (hereinafter the “Site”), offered by TINTARELLA SWIMWEAR& CO SA de CV (hereinafter “TINTARELLA”).

Any person who accesses and/or uses the Site (hereinafter the “User”) in relation to contracting by electronic means therefore accepts, and expresses his or her consent, to be bound by these General Conditions. Likewise, due to this fact, the User undertakes to periodically review these General Conditions that are available for consultation within the Site to learn about changes and/or modifications to them and, if deemed appropriate, consent to the themselves. The Site is the exclusive property of TINTARELLA, for which every visitor agrees not to attempt to distribute, alter or modify any of its content. Any information or material that the User shares with TINTARELLA through the Site is and will be treated as non-confidential information, except for information that is personal in terms of the Federal Law on Protection of Personal Data Held by Private Parties. TINTARELLA does not seek to offend any person, sector of the population or government entity with the information contained on this site, since all images, information, animations, videos, among others, are included on this website solely for the purpose of providing to know the products marketed by TINTARELLA. TINTARELLA does not discriminate against any person based on religion, sexual orientation, economic and social situation or any other. Therefore, the information contained on the Site cannot be interpreted as discriminatory in any sense, and TINTARELLA will not be responsible for interpretations different from what is stated here. TINTARELLA may modify, add and/or eliminate the content of these General Conditions, without prior notice, starting the changes from the moment of their publication, being the sole responsibility of the User to ensure that they are aware of such modifications and, If you consider it appropriate, consent to them. The fact that the User carries out any act related to contracting by electronic means within the Site will be understood as express acceptance of the modifications in question. The content of the Site is directed to residents of the United Mexican States, so the advertising and information presented therein are valid only in the United Mexican States.

The content and services offered by the Site are reserved and directed only to people who have the legal capacity to contract, in terms of article 1789 of the Federal Civil Code. The conduct of minors and people with legal disabilities who enter the Site is under the strict responsibility of the parents, guardians or adults in whose charge they are, in terms of the provisions of articles 1919, 1920 and 1921 of the Federal Civil Code.

  1. AUTHORIZATION.

TINTARELLA grants and grants to the User the non-exclusive, revocable and non-transferable right to use the Site to carry out any act related to contracting by electronic means in accordance with these General Conditions. The user may only print and/or copy any information contained or published on the Site exclusively for personal, non-commercial use. The reprinting, republication, distribution, assignment, sublicense, sale, electronic reproduction or use by any other means of any information, document or graphic appearing on the Site, in whole or in part, for any use other than personal non-commercial use is expressly permitted. prohibited, unless TINTARELLA has granted the User prior written authorization.

  1. USER REGISTRATION AND PASSWORD

To carry out any act related to contracting by electronic means within the Site, it is mandatory to complete the registration form in all its fields. The User must complete the form with their personal information which must be exact, precise and true (hereinafter the “Personal Data”), and assumes the responsibility of updating the Personal Data when appropriate or when TINTARELLA requests it. TINTARELLA is NOT responsible for the accuracy, precision and veracity of the Personal Data of its Users, and will act in good faith solely based on them, so Users guarantee and respond, in any case, for the accuracy, precision, veracity and validity of your Personal Data. Likewise, the User will provide an email to identify their account and will generate a password. To complete the registration process, the User will have to read and accept these General Conditions. It is understood that the User has read, understood and accepted all the General Conditions when clicking on the box displayed with the legend “I accept the General Conditions”. Once the User's registration has been completed, it is considered that the User has read, understood and accepted these General Conditions. The User will access their personal account (hereinafter the “Account”) by entering their username (hereinafter the “Username”) together with the chosen personal security key (hereinafter the “Password”). The Password must be integrated based on the specifications and/or algorithms that the Site system indicates. It is the sole responsibility of the User to maintain the confidentiality of their User Name and Password. The Account is personal, unique and non-transferable, and it is prohibited for the same User to register or have more than one Account within the Site. In the event that TINTARELLA detects different Accounts that contain matching or related data, it may cancel, suspend or disable them, as it is considered a violation of these General Conditions. The User acknowledges that his Password replaces and acts as his handwritten signature, so the records, documentary or technical, where it appears, will have force, validity and will produce the same legal effects as the handwritten signature. The User will be responsible for all operations carried out in their Account, since access to it is restricted to the entry and use of their Security Key, the knowledge of which is exclusive to the User.

  1. ADVERTISING AND INFORMATION

The User acknowledges and accepts that the information published or contained on the Site generated by TINTARELLA or the Suppliers will be clearly identified in such a way that it is recognized that it comes from TINTARELLA or the Suppliers. The information, concepts and opinions published on the Site by third parties do not necessarily reflect the position of TINTARELLA or its employees, officers, directors, shareholders, licensees and concessionaires (hereinafter the “Affiliates”). For this reason, TINTARELLA is not responsible for any of the information, opinions and concepts issued on the Site, or through public forums or any other space or service provided through the Site. Likewise, TINTARELLA is not responsible for the consequences that may arise from the use of advice, procedures, recommendations or suggestions included on this Site, with the understanding that it is under the User's own risk and responsibility to apply and follow said advice. , comments, procedures, recommendations or suggestions, given in the aforementioned spaces. TINTARELLA is not responsible for any misinterpretation of the information contained herein, so if it is incomplete or not completely true for the interests of the User, what is published here cannot be considered false information or intentionally misleading. Any comment made by a third party on the Site that is insulting, discriminatory or in any other way offensive or contrary to these General Conditions may be deleted by TINTARELLA, without this being considered a violation of the right to freedom of expression. Therefore, TINTARELLA 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, obscene, sexual or racial; II. Fraudulent, artificial or deceptive; III. Violation of copyright, trademarks or any intellectual property rights of a third party; IV. Offensive or V. Any way that contravenes the provisions of these General Conditions. If the User wishes to obtain more information on a specific topic provided by TINTARELLA or the Suppliers, the User must consult directly with each of them, as appropriate, and/or with a specialist in the matter. TINTARELLA does not have editorial control over third-party content and will be exempt from any responsibility 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 author and TINTARELLA does not assume any responsibility for it. TINTARELLA does not guarantee the accuracy, veracity, comprehensiveness and/or usefulness of any content provided by such third parties. Additionally, TINTARELLA is not responsible for and does not guarantee the accuracy, completeness, veracity and/or reliability of any opinion, information, advice or statement provided by TINTARELLA through its site. Under no circumstances will TINTARELLA be responsible for any damage and/or harm, direct or indirect, caused by virtue of the User's trust in information obtained through this Site. TINTARELLA reserves the right to delete or modify the content of the site that, in the sole judgment of TINTARELLA, does not comply with TINTARELLA standards or that could be contrary to the current legal system. However, TINTARELLA will not be responsible for any failure or delay caused by removing such material. The User acknowledges and accepts that TINTARELLA is an independent organization of third-party sponsors and advertisers whose information, images, advertisements and other advertising or promotional material (the “Advertising Material”) may be published on the Site. The User acknowledges and accepts that the Advertising Material is not part of the main content published on the Site. Likewise, the User hereby acknowledges and accepts that the Advertising Material is protected by the applicable intellectual and industrial property laws. The publication of the products does not create any express or implied warranty regarding them. The prices and promotions shown on the Site may be different from those shown in the different TINTARELLA stores.

  1. PRODUCT COMMERCIALIZATION

TINTARELLA will publish on the Site the products and the total price that the User must pay for them. Likewise, it will be indicated if they have any promotion and/or discount*, its validity, as well as the means enabled to settle the payment for said products. No contract will exist between the User and TINTARELLA in relation to any item until their order has been confirmed by TINTARELLA and payment of the corresponding price has been credited by TINTARELLA. In the event that the User chooses to purchase the item, the order number assigned when carrying out the transaction on the Site will serve to track the corresponding operation. If TINTARELLA has any problem with the User's order, it will communicate it by email to the email address that the user registered when registering. TINTARELLA within the Site will accept the following forms of payment: a) Any debit card through the PayPal system. b) Any Visa or Mastercard debit and credit card. c) Any American Express card. d)Any payment made in OXXO and validated through the CONEKTA payment gateway. e) Any payment made by deposit at the counter or bank transfer that has been duly validated by TINTARELLA. The prices of the products advertised on the Site are the total price as they include VAT, but exclude shipping costs, which will be added to the total amount due.

* About discounts on the price of products advertised on the Site (ecommerce). On the TINTARELLA e-commerce site, all discounts are already applied to the final price of the product. In that sense, both in the advertising of the product and when selecting it for purchase, the original price of the product will be shown crossed with a horizontal line and the final price of the product with the discounts already applied will be shown in red. All operations are subject to the availability of the products. In the event that the purchase is generated and there is no stock of the item in question, the User from that moment accepts that TINTARELLA will refund the payment made or cancel the charge related to the price, as appropriate to the chosen payment method. : a) Credit card or PayPal: 20 business days. b) American Express Card: 20 business days. It should be noted that in relation to sections a) and b), the 20 business days is the approximate time in which TINTARELLA is responsible for processing the return, however, the User, in turn, must comply with the institution's return policies. financial institution in question, PayPal or American Express, as the case may be. c) Debit card. The refund will be made by the same means by which the purchase was made as long as it is covered by the Exchange and Returns policies. In the case in which the refund must be made by transfer, the User must provide, through their registered email account, an 18-digit CLABE account number, as well as the cover of the card account statement; with the understanding that the transfer will be solely on the account of the beneficiary and can only be issued to the name of the holder of the card with which the payment was made. Purchase orders are processed within 72 hours. Orders received after 6:00 p.m. will be processed the next business day. The delivery of the merchandise will be made within a period of 25 business days once the purchase order is processed if it is home delivery.

If the User wishes to invoice their purchase, they must send an email including their data a) RFC, b) company name, c) email, d) use of CFDI as well as the order number that consists of the prefix “TIN-” followed by 6 digits in the case of e-commerce purchases, or 4 digits for purchases in store or through digital means other than the website www.tintarella.com.mx

  1. DELIVERY AND SHIPPING COSTS.

The delivery will be real, this means the act in which TINTARELLA delivers the order to the User personally, to a third party indicated by the User, or to the person who is at the address indicated by the User as the place of delivery, which will be accredited. with the signature of receipt of the order at the agreed delivery address, which will happen within the estimated time depending on whether the delivery is at home or at one of the TINTARELLA stores. In the event that the User is not located at the address agreed for delivery of the order, TINTARELLA will contact the User through the email provided by the User. If the User confirms the address originally provided or indicates a new address for delivery of the order, the shipment will be delivered to it within a period of up to 25 business days. It should be noted that in order to proceed with the change of address for the delivery of merchandise, an authorization from TINTARELLA is required, which will be processed within 4 business days following the date on which the User provided the new address. In any of the aforementioned cases, the delivery of the order will be conditional on the payment of the additional cost for the corresponding shipping that the User must make. In the event that the User cannot be located in a second search or that the User fails to respond to the email within a period of 5 calendar days from the date of sending, TINTARELLA will cancel the purchase in question, situation that the User will be informed through the email provided by the latter and the refund will be made in the same original form of payment, except for shipping costs in the event that the merchandise has not been transported to the User's address. TINTARELLA will send the purchased item(s) as soon as possible, however, in case of delays, loss or detriment to the products, caused by force majeure or fortuitous events, TINTARELLA will not have any responsibility, nor will it be obliged to pay any compensation to the User, who expressly accepts that in this case he must address his claim to the corresponding parcel company. Likewise, the User authorizes the use of electronic means to acknowledge receipt of the merchandise, either by the User himself or by persons authorized by him; Consequently, they authorize the use of an ELECTRONIC SIGNATURE, which will replace all legal effects that may apply to the handwritten signature of the User and/or Authorized Persons, producing the same effects that the laws grant to the handwritten signature, including The probative value of this will be considered as full acceptance of them and the risk that their use entails, accepting the User and/or the Persons Authorized by him. An Electronic Signature will be understood as one or more of the following options: a) Numeric or alphanumeric confidential number; b) Authentication through a Digital Certificate; c) Use of an advanced electronic signature; d) The signature made on a touch screen; e) biometric technology for the verification of fingerprint biometrics and facial biometrics, f) The combination of any of the above in whole or in part, g) Any other established by TINTARELLA for the purposes of identification and authentication of delivery of merchandise from El User and/or Persons Authorized to receive the merchandise.

  1. CHANGES AND WARRANTY. The User may request that the exchange management of any item purchased on the Site be carried out digitally only after the following 30 calendar days after the purchase and exclusively for the following reasons: • If there is a mistake in the item sent, keeping the original cellophane wrapper (emplaye) and without showing signs of abuse (accompanied by the corresponding purchase folio that will act as a receipt). • If the item has manufacturing defects (accompanied by the corresponding purchase folio that will act as a receipt). •The delivery address is in a state of the republic in which TINTARELLA does not have branches. The User may request the change via parcel, even if it does not meet the previous criteria, covering the cost that TINTARELLA assigns to carry out said process. TINTARELLA will not generate returns for any reason . If the User wishes to manage a change in accordance with the aforementioned conditions, they must send an email to the address: contacto@tintarella.com.mx to provide the necessary information mentioned above and follow up on the process. The process can take more than 25 business days and requires the collaboration of the User to send the package with the guide that TINTARELLA will provide and the shipment of the new piece will be made until it is verified that the original package is already in transit.

Changes can be made in two ways: with shipping via parcel (if you meet the requirements to do so, or by covering the cost if the criteria do not apply) or directly at the delivery points enabled in the TINTARELLA stores in Polanco, Santa Fe.

To exchange in store, it is required to present the sales receipt generated by the website, and present the merchandise; Once the exchange is accepted, the item will be replaced with one of the same value. If an item of lower value is chosen, the balance in favor of the customer will be registered in the TINTARELLA system and can be used in future purchases, in case of be a higher value item, the user may pay the difference. In no case will cash refunds be made either directly or by electronic means, but the resolution of exceptional cases is at the discretion of TINTARELLA. Regarding the rest of the products, the User understands and accepts that TINTARELLA does not offer guarantees higher than those indicated in the Federal Consumer Protection Law or in the applicable Official Mexican Standards.

  1. COPYRIGHT AND INTELLECTUAL PROPERTY

The content of the screens related to TINTARELLA services, as well as programs, databases, networks, files that allow the User to access and use their Account, are the property of TINTARELLA and are protected by international copyright laws and treaties. , trademarks, patents, models and industrial designs. Improper use and total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by TINTARELLA. The Site may contain links to other websites which do not indicate that they are owned or operated by TINTARELLA. Since TINTARELLA has no control over such sites, it will NOT be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by the use of these, whether caused directly or indirectly. The presence of links to other Sites does not imply a partnership, relationship, approval or endorsement by TINTARELLA of said sites and their contents.

  1. CANCELLATION OF PURCHASES COLLECTED IN STORE

TINTARELLA will inform the buyer or consumer by registered email or by cell phone message that their purchase (the product) is ready for collection at any branch of the buyer's preference and choice, and that the buyer will have ten (5) business days From said notification for collection, the buyer will be able to collect his purchase Monday to Sunday from 11:00 am to 8:00 pm, he must show his purchase order with his official identification, and in the case that the buyer DOES NOT go to the branch of his choice to collect his purchase (the product) in the aforementioned time, the purchase (the product) will no longer be available for collection within the branch so TINTARELLA will proceed to cancel the the purchase and refund of the amount paid according to the payment method used by the buyer. Likewise, in accordance with the previous paragraph, since TINTARELLA is not a Financial Institution, it is not responsible for the time it takes to return the amount paid for the purchase to debit or credit cards, and in the case described above it is full knowledge of the consumer and/or buyer that in such a situation of delay in returning the amount paid, it is entirely the responsibility of the financial entity or company that issues the VISA or MASTERCARD or AMEX card, so TINTARELLA lacks the power to intervene in such situations. . Accordingly, the buyer indemnifies TINTARELLA for any adverse circumstance that may arise in the event of a possible refund of money, and the buyer will have the obligation to make the corresponding claim before their Financial Institution.

  1. FAULTS IN THE SYSTEM

TINTARELLA is not responsible for any damage, loss or loss to the User caused by failures in the system, the server or the Internet. TINTARELLA will also not be responsible for any virus that may infect the User's equipment as a result of access, use or examination of its website or as a result of any transfer of data, files, images, texts, or audio contained therein. Users may NOT hold you accountable or demand payment for lost profits due to damages resulting from technical difficulties or failures in the systems or the Internet. TINTARELLA does not guarantee continued or uninterrupted access and use of its site. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the control of TINTARELLA; In such cases, efforts will be made to restore it as quickly as possible without any type of liability being attributed to it. TINTARELLA will not be responsible for any errors or omissions contained on its website. Likewise, TINTARELLA informs the User that to provide security and confidentiality to the information provided, the available technical elements used by TINTARELLA are the following: a) Privacy Notice. b) Monitoring and Recordings of calls. c) Acceptance of Terms and Conditions.

  1. COMMERCIAL ADVERTS

The User understands and accepts that by virtue of accepting these General Conditions they also agree to receive commercial information from TINTARELLA via email. Likewise, the User can inform TINTARELLA, in the event that they wish to stop receiving information on promotions and advertising of products and services, by sending their request to the “Data Privacy” area, through the email account. contacto@tintarella.com.mx. TINTARELLA uses cookies, web beacons and other tracking and monitoring technologies to monitor your behavior during the User's navigation on the Site, in order to provide a better service, present advertising and offers, personalize the User's experience on the Site, as well as being able to offer you new products and services based on your preferences. The personal data that we obtain with these tracking technologies consists of: Internet browsing habits, time and time spent browsing the Site, sections consulted and Internet pages that have been previously accessed on the Site. In this matter, the User must ensure that the configuration of their computer is consistent with whether they are willing to receive cookies or not. You can set your browser to warn you before accepting cookies, or you can simply set it to reject cookies. Furthermore, since web beacons are part of the website, it is not possible to disable them, but you can render them ineffective by disabling the cookies they set.

  1. APPLICABLE LAW AND JURISDICTION

These General Conditions will be governed in all their points by the laws in force in the Mexican Republic. In the event of a dispute, regarding the interpretation, compliance and execution of these General Conditions, the parties expressly undertake, first of all, to go to the Federal Consumer Protection Agency, and if the dispute persists, to the jurisdiction of the courts. competent authorities of Mexico City, consequently renouncing any jurisdiction that, due to their present or future domicile, may correspond to them. 13. PRIVACY NOTICE. TINTARELLA SWIMWEAR & CO, SA de CV, with address at Calle Miguel de Cervantes Saavedra 459 Int. 1, Colonia Irrigación, Alcaldía Miguel Hidalgo, Mexico City, CP 11500, is responsible for the confidentiality, use and protection of the personal data it It is provided to you. The information collected is used for the following primary purposes: (i) Answer questions, complaints and suggestions, through chat, as well as for any procedure related to your purchase; (ii) Identify the origin of the visit when accessing our online services; (iii) Generate statistical reports; (iv) Identify your habits and preferences to offer you our products and services; and (v) To comply with applicable legislation, as well as requirements of federal and local authorities. It is reported that the User may express in writing his/her refusal to process his/her personal data within a period of 5 business days after having given his/her consent to this Privacy Notice. In these cases, personal data will be placed on an Exclusion List, in which only people authorized by TINTARELLA will have access to your personal data. If you require more information, you may request it by sending an email to the following address: contacto@tintarella.com.mx. Refusal to use your personal data for these purposes may not be a reason for us to deny you the services and products you request or contract with us. To learn more information about the terms and conditions of how your personal data will be treated, such as the third parties with whom we share your personal information and the way in which you can exercise your ARCO rights, you can consult the comprehensive privacy notice at: https:// www.TINTARELLA.com/aviso_privacidad. 14. ADDRESS For the purposes of these General Conditions, the address of TINTARELLA is set at Calle Miguel de Cervantes Saavedra 459 Int. 1, Colonia Irrigación, Alcaldía Miguel Hidalgo, Mexico City, CP 11500