CONDITIONS OF USE AND SALE POLICIES:
Purpose and generalities:
These General Conditions of Use, Conditions of Sale (hereinafter referred to as “CU”) regulate the use of the Internet website www.kendashoes.com (hereinafter the “Website”), of which KENDA (hereinafter KENDA ) is the owner. KENDA Mexican company with address at Las Fuentes # 4850. Los Canteros, in Guadalajara, Jalisco, Mexico. These CUs apply to the Website locatable at www.kendashoes.com . Said Website is the property of KENDA and its authorized licensees. KENDA reserves the right, at its sole discretion, to change, modify or remove all or part of these CU at any time. It is your responsibility to constantly check and consult these CU for the purpose of knowing such changes or modifications. The continued use of your part of our products and services by accessing our Website, means that you agree with the CU modified or added at that time. As long as you comply with these CU, KENDA grants you exclusive, non-transferable and limited use of the Website. Through its Website, www.kendashoes.com , KENDA develops different campaigns (“Campaigns”) through which it provides information about its Products and services and offers to its Users and / or Partners the possibility of their contracting and / or acquisition. Due to the content and purpose of the Website, people who want to benefit from its services must have the status of “Partner”, which they acquire by filling out the registration form and following the steps that KENDA later will communicate them by email for such purposes. Membership implies their adherence to the CU in the version published at the time the Website is accessed. In any case, there are pages of the Website accessible for consultation to individuals or legal entities that do not register or initiate a Product purchase (hereinafter, “Users”). In this sense, Users who access these parts of the Website agree to be bound by the terms and conditions set forth in these CU, to the extent that this may be applicable to them. KENDA hereby informs its Members and Users that the content and use of its Website is reserved and directed solely and exclusively to a public over 18 years of age and that the territory in which KENDA accepts and distributes orders is understood by the Mexican Republic (hereinafter, the “Territory”). KENDA does not ship orders outside the Territory.
The descriptions of the Products subject to each Campaign displayed on the Website are made based on the information provided by KENDA . However, the information given about each Product in each Campaign, as well as the images or videos related to them and the commercial names, trademarks or distinctive signs of any kind contained on the KENDA Website are exposed in www.kendashoes.com as a guide and with the consent of their owners. Some Campaigns, due to the nature of the Products, may be subject, in addition to these CU, to particular conditions of sale. These particular conditions of sale will always be accessible to the Partner in a link in the Campaign itself together with the description of the Product. It is essential that all Users verify the particular conditions of each Campaign before making their purchase, in order to make sure of the terms, conditions and restrictions that in their case may apply in a particular way to the Campaign and / or respective Product. In this sense, the Partner, prior to the purchase of the Product, must accept the particular conditions (including, without limitation, compliance with any established terms and conditions, rates and reservations). The provisions contained in these CU may be added, limited or modified depending on the corresponding particular conditions of sale of the Product in question. In case of conflict or contradiction between the CU and the particular conditions of sale, the particular conditions will prevail over these CU. Consequently, the Partner must read carefully, in addition to the Conditions of Use, the particular conditions of sale, which will be understood to be accepted at the time the Partner proceeds to purchase the Product.
All the prices of the Products that are indicated through the Website include VAT and other taxes that may correspond to them. However, these prices do not include the expenses corresponding to the shipment of the Products, nor the cost of financing in case of buying through the use of credit cards that allow deferring the payment to different monthly installments, (hereinafter “in installments”). Said financing cost is made up of the interest charged by the bank to KENDA by offering the payment method in installments. Both the prices and the shipping costs and, where appropriate, the financing cost will be detailed separately in each order and must be accepted directly and exclusively by the Member, at the time of placing the order and prior to sending it. KENDA will inform in the payment form if the order allows payment in installments. It is important to note that the credit is granted directly by the participating bank and not KENDA , so this option may not always be available for all products or services, or for all credit cards. In the event that a product or service has the option of being acquired on credit, KENDA will inform both the cash price of the good or service in question, as well as the amount and detail of any charge, if any, cost of financing, the number of payments to be made and the amount of each one. The periodicity or schedule of payments will be determined by the issuing bank of the credit card. Likewise, in the event that the Member wishes to pay in advance the purchase in installments, he undertakes to pay the issuing bank any charge that this entails. This information will be reflected in the account statement sent directly by the issuing bank of the Member’s card with which the Member made the purchase, so KENDA is exempt from having to send account statements to the Member for purchases made in installments.
KENDA informs the Partner of the availability of products on the KENDA Website. KENDA will do everything possible to please all its Partners in the demand for the Products. However, on occasions, and due to causes that are difficult to control by KENDA , such as human errors or incidents in computer systems, it is possible that the quantity finally served by the supplier differs from the order placed by KENDA to satisfy the requests of the Members. In the event that the Product is not available after the order has been placed, the Member will be informed by email about the total or partial cancellation of their order. The partial cancellation of the order due to lack of availability does not give the right to cancel the entire order. If, as a result of this cancellation, the Member wishes to return the Product delivered, they must refer to and follow the steps indicated in the Return section of these CU.
The Member is obliged to pay the total price of the Products that he purchases (price, plus taxes, plus shipping costs) at the same time of placing the order in question, except in case of choosing the payment method in installments, because in this case the Member will be obliged to pay to the issuing bank of the credit card with which the purchase was made, the amounts, financing cost and other charges that are applicable to the credit granted through said bank. To the initial price that appears on the Website for each of the Products offered, the amounts corresponding to the shipping costs that may be generated will be added. In any case, said amounts or rates will be previously communicated to the Member, before formalizing the purchase itself. The ticket or proof of purchase that corresponds to the purchase order will be available to the Member and can be viewed on the Website www.kendashoes.com in the “My Account” section; “Orders”. The Member must make the payment through the payment systems offered by Conekta Payment Gateway®. The card with which the payment is made must have as its issuing financial entity a bank authorized to operate as such in the Territory.
Once the order has been formalized, that is, with the acceptance of the CU and the particular conditions of sale, if applicable, upon confirmation of the purchase process, KENDA strong > will always send an email to the Partner confirming the details of the purchase made.
Cancellation of orders
KENDA will NOT accept order cancellations. For more information, the Member must send an email to email@example.com
KENDA has the highest commercially available security measures in the industry. In addition, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible for the Partner’s computer and that of the Website. In this way, when using the SSL protocol it is guaranteed, insofar as possible:
That the Partner is communicating his data to the KENDA server center and not to any other who tries to impersonate it.
That Between the Partner and the KENDA server center, the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
Likewise, KENDA states that it does not have access to or store sensitive data related to the medium of payment used by the Partner. Only the corresponding payment processing entity has access to this data for the management of payments and collections, this entity is totally alien to KENDA , so KENDA cannot Respond for the use given to said data. Once the purchase process is completed, an electronic document is generated in which the contract is formalized and that the member can print. For its part, KENDA , ensuring the security of its Members and the transactions they carry out through the KENDA Website, informs its Members that it has implemented a program for the detection of possible fraudulent operations, for which KENDA reserves the right to request additional information, confirmations and / or documents from Members, even after having made one or more purchases through the Site Web, by phone call or email addressed to the number or account provided by the Partner himself, in order to confirm that the Partner has actually made and authorized said purchase (s) and thus definitively authorize the (s) ) respective transaction (s), within which, but not limited to, KENDA may make various verifications by telephone on the identity of the Partner, or request: (a) a confirmation and au written certification signed by the Partner responsible for the respective purchase (s); and (b) a copy of the current official identification and photograph of the Member to confirm their identity. KENDA undertakes to safeguard said information and documents with the highest security measures at its disposal, in terms of the provisions of the Federal Law on Protection of Personal Data Held by Private Parties in force. In the event that the Partner does not respond favorably or does not deliver to KENDA the documentation and information requested within 48 hours from the call or the sending of the email, the transaction (s) (s) detailed in said communication and the respective order (s) may be canceled automatically, without the need for further notice, or liability for KENDA For the security of the Member, and KENDA will proceed with the automatic refund of the amount (s) paid by the Member regarding said purchase (s). Said procedure is for the security of KENDA Members and therefore, the Partner, by accepting these Conditions of Use, agrees to submit to the procedure for detecting possible fraudulent operations referred to above, without liability for KENDA and in the same way authorizes KENDA so that, once the Partner provides the aforementioned information and additional documents, they may be used for future transactions that the same Partner carries out. < / p>
Deadlines, place of delivery and loss
KENDA undertakes to deliver the product in perfect condition to the address indicated by the Partner in the order form, provided that this is located within the Territory. In order to optimize delivery, we thank the Partner and / or User for indicating an address in which the order can be delivered within normal business hours, that is, between 9:00 a.m. and 7:00 p.m., from Monday through Friday.
KENDA undertakes to deliver the Product in perfect condition to the address indicated by the Partner in the order form, provided that it is located within the Territory. In order to optimize delivery, we thank the Partner and / or User for indicating an address in which the order can be delivered within normal business hours, that is, between 9:00 a.m. and 7:00 p.m., from Monday to Friday.
KENDA will not be responsible for errors caused in delivery when the delivery address entered by the Partner and / or User in the order form does not exist, or does not fit to reality or have been omitted.
The maximum deadline set for deliveries is 10 (ten) days, although KENDA’s usual delivery time usually ranges between 5 and 9 days, counted from the payment date. by the customer. For more information, it is important to bear in mind that the procedure during this time is as follows: order preparation (between 2 and 4 days) and shipment through courier companies to the address provided for such purposes by the Partner and / or User (between 1 and 3 days). The day the order preparation is finished, KENDA will notify the Partner and / or User by email sent to the last address provided for such purposes by the Partner and / or User, confirming the departure of the Product (s) from our warehouses. Under normal conditions, the order must be delivered within 24 to 72 business hours at the address indicated for such purposes by the Member and / or User at the time of purchase. These deadlines are average deadlines, and therefore are only an estimate and not a guarantee of compliance, since delivery is made through courier companies outside KENDA contracted for this purpose by the latter. Therefore, it is possible that the deadlines vary for logistical reasons or unforeseen circumstances or force majeure. In cases of delays in deliveries, KENDA will inform the Partner and / or User that said situation is about, as soon as it becomes aware of it. Each delivery is considered made from the moment in which the transport company makes the Product available to the Member and / or User at the address indicated by the latter at the time of purchase, which is materialized through the control system used. by the contracted transport company. In the case of delays in the delivery of orders attributable to KENDA , the Member may cancel their order in accordance with the procedure described in the “Return” section of these CU. Delays in delivery will not be considered those cases in which the order has been made available to the Partner by the transport company within the agreed period and the order could not be delivered for reasons attributable to the Partner and / or User of in question. III. Delivery Data, Deliveries not made and Loss In the same email in which the Partner and / or User is informed that the Product left the KENDA warehouses, the shipment number is provided for its tracking and the customer service number of the transport company responsible for the delivery, so that, in the event of any incident in the delivery, the Partner and / or User can contact said company to resolve it. If at the time of delivery the Member and / or user is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. KENDA contracts, as part of the courier delivery service, the realization of three delivery attempts, to guarantee that the delivery takes place. If after 7 (seven) business days after the delivery of the order, the delivery of the order has not been able to be arranged, the Partner and / or User must contact KENDA . In the event that the Member and / or User does not proceed in this way, after 10 (ten) business days from the delivery of the order, it will be returned to the KENDA warehouses and the Member and / or User must assume the shipping and return costs of the merchandise to the warehouse. If the reason why the delivery could not be made is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually oscillate between one and three weeks.
Diligence in delivery
The Member and / or User, under their own and exclusive responsibility, must check the good condition of the package before the carrier that, on behalf of KENDA , performs the delivery of the requested Product (s), indicating on the delivery receipt any anomaly that may be detected in their packaging. If, after reviewing the Product, the Partner and / or User detects any incident such as hit, breakage, indications of having been opened or any damage caused to the Product by shipment, the latter undertakes to notify KENDA by email within the 24 (twenty-four) hours after delivery. Return
Unless otherwise stated in the particular conditions of sale, all Products purchased at KENDA may be returned and reimbursed, provided that the Partner and / or User communicate in writing to KENDA your intention to return the Product (s) purchased within a maximum period of 24 hours from the delivery date and provided that the User and / or Partner complies with the rest of the CU established in this section. Once the 24-hour period has expired, KENDA will not accept returns or cancellations for purchases of Products or cancellations of services. KENDA will only accept returns when the following requirements are met:
The Product must be returned in the same state in which it was delivered and must be kept, as far as possible, in its original packaging and labeling.
The shipment must be made using the same box or envelope in which the Product was originally sent, or failing that, in a similar format that guarantees the return in perfect condition.
A copy of the return receipt must be included, that can be printed from the web, inside the package, where the returned Product (s) and the reason for the return are also marked.
With the aim of facilitating the return process to the Users and / or Partners and to be able to do A correct follow-up of the same, KENDA establishes as the only return procedure the written communication via email to firstname.lastname@example.org If the reason for the return is attributable to KENDA (the Product is defective, or it is not the one that the Member and / or User had requested), the use of this service will be free for the Member and / or User in question. If the reason is another (the Products were delivered correctly but they are not to the liking of the Member and / or User), KENDA will pay the cost of the Products except for shipping costs. Unless the Member and / or User specify otherwise, the refund will be made through the same payment method that the Member and / or User used to make the purchase, except in the case of purchases made by prepaid card in which case the Refund to the Member and / or User will be made by delivering a gift voucher for the same value as the purchase. KENDA is not and will not be responsible for the expenses incurred by those returns that occur without respecting the steps established in this procedure.
Refunds to the PARTNER
The return of the Products will give rise to a refund equal to the cost of the returned Products, less the cost of the return service that may be applicable. Only in the event that the Product (s) delivered are defective or incorrect, KENDA will also reimburse the Partner and / or User for the corresponding shipping costs. Returns and partial cancellations will result in partial refunds. KENDA will manage the reimbursement through the same payment method that the Member and / or User has used to make the purchase as soon as possible, from the confirmation of arrival at the warehouse of the returned order. Depending on the payment method and the bank, the terms to see the refund may vary. If within 10 business days it is still not possible to view the refund, we recommend that the Member and / or User contact their bank. If the Member returns an order for which he has requested to pay on credit, it is his sole responsibility to communicate said fact to his bank to proceed with the cancellation of the installment payment. Likewise, the reimbursement methodology applied for cancellations and partial and total returns will depend on the bank of each Partner Intellectual and industrial property KENDA and its licensors and licensees hold, either by themselves or by virtue of the celebration of any contract with third parties, all rights to the content, design and source code of the Website and, especially, with an enunciative but not limiting nature, to the photographs, images, texts, logos, designs, trademarks, trade names and data what is in
Access and permanence on the website. Our contents.
Members and Users are fully responsible for their conduct, when accessing information on the Website, while browsing it, as well as after having accessed it. As a consequence of the foregoing, Members and Users are solely responsible to KENDA and to third parties for:
the consequences that may arise from a use, for illicit or contrary purposes or effects present CU, of any content of the Website, prepared or not by KENDA published or not under its name officially;
as well as the consequences that may arise from the use contrary to the content of these CU and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Website, the reputation of KENDA and / or the Products and services that it offers on the Website or its services, or prevent the normal enjoyment by other Members and / or Users.
KENDA reserves the right to update the contents when it deems appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently a, as well as denying access to the Website to Members and Users who misuse the contents and / or breach any of the CU that appear in this document. KENDA informs that it does not guarantee:
that access to the Website and / or the linked pages will be uninterrupted or error-free;
that the content or software to which the Members and Users access through the internet or the website of the linked pages do not contain any errors, computer viruses or other elements in the contents that may cause alterations in your system or in the electronic documents and files stored in your computer system or cause other types of damage;
the use of the information or content of this Website or link pages that Members and Users could make for their personal purposes.
The information contained in this Website should be considered by Members and Users as informative and guiding, both in relation to its purpose and its effects, which is why: KENDA does not guarantee the accuracy of the information contained in this Website and therefore does not assumes any responsibility for possible damages or inconveniences for Members and Users that may arise from any inaccuracies present on the Website.
KENDA does not assume any responsibility derived, by way of example but not limitation:
From the use that the Members o Users may make the materials on this Website or link pages, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the Website’s content or of third parties.
Of eventual damages and damages to Members or Users caused by a normal or abnormal operation of the search tools, the organization or the location of the contents and / or access to the Website and, in general, errors or problems that are generated in the development or implementation of the technical elements that the Website or a program provides to the User.
Of the contents of those pages that Members or Users can access from links included in the Website, whether authorized or not .
Of the acts or omissions of third parties, regardless of whether these third parties may be linked to KENDA through contractual means.
Of the access of minors to the contents included in the Website, being the responsibility of their parents or guardians to exercise adequate control over the activity of children or minors in their care or install any of the Internet use control tools in order to avoid (i) access to materials or content not suitable for minors, as well as (ii ) Sending personal data without the prior authorization of their parents or guardians.
Of communications or dialogues in the course of debates, forums, chats and virtual communities that are organized through or around the Website and / or link pages, nor will it be liable, therefore, for any damages and prejudices suffered by individual and / or collective Members or Users as a result of said communications and / or dialogues.
KENDA no will be respon sable in any case when there are:
Errors or delays in accessing the Website by the Partner when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of KENDA .
Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the services of the Website are constantly operational.
Of the errors or damages produced to the Website due to an inefficient use of the service and in bad faith on the part of the Member.
Of the non-operation or problems in the email address provided by the Member and / or User for sending the order confirmation.
En to If so, KENDA undertakes to solve the problems that may arise and to offer all the necessary support to the Partner and / or User to reach a quick and satisfactory solution to the incident.
Likewise, KENDA has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in your service. KENDA reserves the right to modify the conditions of application of the promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or behavior unethical in their participation.
Modification of the conditions of use KENDA reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these CU o General Conditions. Therefore, KENDA recommends that the Member and / or User read them carefully each time they access the Website. Members and Users will always have these CUs in a visible place, freely accessible for any queries they want to make. In any case, the acceptance of the CU, in force at all times, will be a prior and indispensable step to the acquisition of any Product available through the Website. Applicable law and jurisdiction These CU are governed by the applicable Mexican legislation on the matter. To resolve any controversy or conflict arising from these CU, the parties submit to the jurisdiction of the courts of Guadalajara, Jalisco, Mexico, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.