XINÚ

COMPREHENSIVE PRIVACY NOTICE

Updated July 31, 2019
  1. USE OF YOUR PERSONAL DATA

The privacy of your personal data is of the utmost importance to Botanicaromatica, S.A. de C.V. (commercially known as “Xinú”) with address at Alejandro Dumas 161, Colonia Polanco, Alcaldía Miguel Hidalgo, C.P. 11560, Ciudad de México, hereby appointing its legal department as the person(s) in charge of matters regarding privacy.

Federal laws protect your personal data from being used without your consent and proper authorization, therefore the following document will describe which personal data is obtained, how and why it is used, as well as your faculty to exercise the rights of access, rectification, cancellation or opposition.

For Xinú the gathering of information is necessary in order to carry out all the activities inherent to the sale of its products provision of the services. Xinú has a moral as well as legal obligation to comply with all the safety and legal measures that are deemed adequate to ensure the prottion of the personal data gathered for the purposes described herein.

The preceding is for the sole purpose that you have complete control and power of decision over your personal data. For this reason, we recommend that you carefully read the following information.

  1. DEFINITIONS

Xinú provides you with a list of all the definitions of those words that will be used throughout this Notice so that you may have the utmost clarity in terms of content:

Cookies: fragments of information from a web page that are stored in a hard drive of the machine, used to connect to Internet through the page server.

IP Address: Internet protocol address. It is a numerical identifier used by a device when connecting to Internet, which is assigned by the service provider at the time the connection is made.

Xinú’s Website: www.xinu.mx and/or any website used by Xinú.

The terms defined in this section may be used both in singular and plural.

  1. HOW YOUR PERSONAL DATA IS OBTAINED

Xinú obtains, stores and handles your personal data due to the legal relationship with you, the products you acquire, the services provided and/or received, as well as any request or contact that you make with Xinú.

It is important that in case you provide personal data to Xinú, such data belongs to you or that you are the representative of its owner or are authorized to submit it.

Likewise, it is equally important that the data provided by you is correct, complete, truthful, accurate and current so that the personal data can be handled efficiently and safely. Should there be any errors, or update requirement, we ask you to notify us as stipulated herein.

Non-compliance with the preceding paragraph will impede Xinú from selling the products and/or providing the required service and could result in the termination or suspension of the purchase of goods and/or contracted services.

In case any form should stipulate that the requested information is optional, the submission of it would be decided by you. This data shall be used to facilitate the provision of the service and to customize it better.

Once you enter to the Xinú’s Website or when you send an email, your IP Address is identified, which will only be used for statistical and administrative purposes as well as for providing a better navigation experience to the users.

  1. COOKIES

Finally, once you enter Xinú’s Website, a temporary cookie will be sent to your hard drive and/or other technology; the data generated from the cookies, may be used to compile statistical data, examine user behavior, and audit frequency of visits to the Xinú’s Website.

These cookies or the other technologies can be disabled through your internet browser.

Even though these cookies can be disabled through the browser, it is necessary that they are active while navigating in the Xinú’s Website to ensure proper functioning.

  1. YOUR PERSONAL DATA

Among the data that Xinú obtains from its users, clients, suppliers and/or any person related to the sale of our products and rendering of our services can be found in the following classification:

  • Identification: full name, email address, address, telephone number, mobile number, signature, date of birth, age, nationality, gender, Tax ID.
  • Real Estate or financial: data from credit and debit cards.

Xinú will only keep personal data during the period of time in which the services are provided to you, except as otherwise established in its policies and/or internal procedures.

Identification and patrimonial data is mandatory in order for Xinú to sell the products and/or provide the services, thus, the lack of any data thereof will impede the proper conditions from being provided.

  1. USE OF PERSONAL DATA

Xinú uses your personal data for one or several of the following purposes:

Purpose

Necessary for the provisioning of Services

Not necessary for the provisioning of Services

The negotiation, initiation, fulfillment or termination of the legal relation between Xinú and the data holder, as well as the relation of Xinú with third parties.

X

The operation, management, administration, provision, and expansion of the products and services provided by Xinú.

X

The improvement of products sold and services provided by Xinú.

X

Providing, to the holders of the data, access to Xinú’s Website and/or the corresponding system.

X

The elaboration and analysis of statistics and historical information.

X

The elaboration and analysis of market research reports.

X

Delivery of newsletters related to the products we sell and services we offer.

X

Delivery of notices, requirements, and letters, along with the response to your requests in regards to products sold and services offered by Xinú.

X

The publishing of personal data, whenever applicable, in accordance with the section "Publication of your personal data" of the present Notice.

X

The transfer of personal data, whenever applicable, in accordance with the section "With whom we share your personal data” of the present Notice.

X

The prevention or reporting of illegal acts or events.

X

Providing you, through Xinú or other companies, information about products and/or services that you might be interested in..

X

In case your personal data is used for any purpose other than the rendering of services, Xinú shall provide you with the appropriate mechanism so you can revoke your consent at any time in order for us to stop making use of the same. To revoke your consent, you or your legal representative must request it by sending an email to the account: privacidad@xinu.mx. Your request will be resolved no later than fifteen (15) business days after it is received.

We inform you that there is the option to limit the use and exposure of your personal data, or, to express your negative to keep on receiving communications and advertising from Xinú. The exercise of these options may be completed at any moment, by sending an email to: privacidad@xinu.mx, through which the corresponding procedure will be informed to you and the proper follow-up be made.

The personal data provided, by any means, without being requested will not be treated and/or used by Xinú, unless it is considered necessary for the beginning of a legal relationship or the provision of a service; therefore, the content of this Notice shall not apply to said data.

  1. HOW YOUR PERSONAL DATA IS PROTECTED

Xinú has the necessary administrative, technical and physical safety measures to protect your personal data, in order to prevent loss, damage, alteration, destruction or unauthorized use, access or treatment of said data.

Xinú’s staff is duly trained and is committed to handle your personal data preserving their confidentiality and privacy.

Xinú being a company committed with the security of your data and the provision of a quality service, on this basis, is aware of the technological developments as well as the inherent risks and, therefore, is committed in implementing and applying the necessary, sufficient and optimal security measures to avoid, to the extent possible, affecting your personal data. In case an emergency or contingency situation arises, Xinú shall immediately adopt the appropriate procedure to solve any problems that could be generated.

In addition to the security measures implemented by Xinú for the protection of your personal data, the personal, financial and patrimonial data that Xinú obtains is treated according the recommendations of the Payment Card Industry Data Security Standard (or PCI DSS by its acronym in English).

  1. WITH WHOM MAY WE SHARE YOUR PERSONAL DATA

In order for Xinú to provide its services and fulfill the objectives of the present Notice, it may reveal and/or transfer, either partially or fully, personal data to foreign or domestic third parties in the following cases:

Purpose

Necessary for the provisioning of Services

Not necessary for the provisioning of Services

To banking institutions and other related providers in order to process payments.

X

To persons related to Xinú for purposes regarding the service, testing, review and certification in tax and administrative matters.

To providers who assist Xinú in the effective implementation sale of the products and rendering of the services.

To third parties in order to comply with related provisions stated in the applicable law and/or judicial or administrative resolutions.

To the competent authority when they require it.

To third parties in order to provide and/or protect the sale of products and/or provision of services, security, rights and/or interests of you, the staff, the clients and/or the providers of Xinú or the general public.

To third parties that require information for the exercise of a right or an action.

To national and international institutions that regulate the products and services.

  1. PUBLICATION OF PERSONAL DATA

Xinú, as part of its service, will publish, totally or partially, necessary personal data in the following cases, though not limited to these:

  • In Xinú’s Website and/or in the personal data system of service providers related to Xinú;
  • In pertinent media when publication is required in cases of judicial, administrative, alternative dispute resolutions or any other request by the corresponding authority.

The publications mentioned herein are mandatory according to the services and the international standards of the industry. Any limitation or opposition to these publications shall impede the provision of any service or preclude your possibility of being our supplier.

  1. YOUR RIGHTS

In accordance with the applicable legislation, you or your duly accredited legal representative may exercise the rights of access, rectification, cancellation and opposition (ARCO, as for its acronym in Spanish) directly with the person in charge of the protection of personal data in Xinú.

  1. Access. – You, at any time, may request disclosure as to what information of yours has been gathered and retained.
  2. Rectification. - In case any data is inaccurate or incomplete, you may request a correction by annexing the proper documentation to prove the said modifications.
  3. Cancellation. - A cancellation may be requested at any time when you consider that your data is not being treated in accordance with the applicable legislation. All data shall enter a blocking period, during which they may not be used, in order to proceed later on to its suppression.
  4. Opposition. - The owner of the data may refuse the use of his/her personal data under justifiable causes.

In order to facilitate the exercise of your rights, it will be necessary for you or your legal representative to submit a request to the following email address: privacidad@xinu.mx, where your request will be addressed along with any concerns.

To exercise any ARCO right, the following procedure must be completed:

Step 1: Legal department is contacted through email at privacidad@xinu.mx, requesting the exercise of an ARCO right.

Step 2: Legal department requests the fulfillment of requirements to the data owner, according to the legislation, and analyzes the case.

Step 3: Once the requirements of the previous step are fulfilled, the Legal department has a 20 calendar day period to determine its feasibility,

Step 4: In case the request is suitable, the ARCO right is executed (within the next 15 calendar days).

According to the current legislation, the requirements to be fulfilled on the procedure (step 2) are the following:

  • Data owner name and email address in order to deliver the response to its request.
  • Documents to demonstrate its identity, or, its legal representation.
  • Clear and accurate description of the personal data to which the ARCO exercise is intended.
  • Any other element or document that enables the location of the personal data.

Xinú’s Website has links to other websites, therefore, we recommend you review the privacy notice for each one. Xinú will not be held responsible for any information that you disclose on any other website.

  1. UPDATES AND/OR MODIFICATIONS

Xinú maintains constant updates and revisions to the present Notice. Any modification or update shall be published on Xinú’s Website five (5) calendar days in advance or when applicable legislation requires it, so that any opposition can be manifested to the handling of personal data.

In case Xinú needs to handle your personal data under a provision not included in this Notice, notification by email will be made for you to be able to manifest what better suits your interests in the timeframe stipulated in the email. If there is not a response received, it shall be understood that you agree to the new modifications regarding the handling of personal data.

  1. INFORMATION ON XINÚ

Botanicaromatica, S.A. de C.V. is responsible for the handling of personal data, as set forth in this Notice.

In case of questions, commentaries and suggestions, as well as exercising any access, rectification, cancellation and/or opposition rights, please contact us by sending an email to the account: privacidad@xinu.mx.

Address:
Alejandro Dumas 161
Colonia Polanco
Alcaldía Miguel Hidalgo
C.P. 11560, Ciudad de México

The English version of this document has no legal value, it is provided solely to facilitate the reading and understanding of the Spanish version and is not a substitute to the legal validity of the Spanish version. In case of any controversy, the text in the Spanish version shall prevail.

      XINÚ

      GENERAL CONDITIONS OF USE AND SALE

      Last modified July 31, 2019
      TERMS OF USE
      • SCOPE

      This Terms of Use (the “Terms of Use”) govern the use of the website currently available in the web address xinu.mx (the “Website”), owned by the Mexican company Botanicaromantica, S.A. de C.V. (“Xinú”). Xinú is a business entity incorporated pursuant to Mexican laws, with place of business in Alejandro Dumas 161, Colonia Polanco, Alcaldía Miguel Hidalgo, C.P. 11560, Ciudad de México, with Federal Taxpayer’s Registry BOT150609FX8.

      Xinú is a Website through which perfumes and other related products and services (hereinafter, the “Products”) are commercialized.

      All individuals that access the Website agree to use its contents and services pursuant to the law and this Terms of Use.

      Capitalized terms not otherwise defined in this Terms of Use shall have the meanings ascribed to them by Xinú in the Website.

      • USERS AND CUSTOMERS

      User
      The user (any individual or entity that is not a Customer, hereinafter a “User”) that accesses the Website, agrees to be subject to the then current Terms of Use. Any access to the Website by a User is subject to this Terms of Use.

      Customer
      Any User that wishes to navigate through the Website, as well as buy Products, must have the status of a “Customer”, which is acquired by completing the registry form, accepting this Terms of Use, the Privacy Policy, and following the steps that Xinú shall thereafter communicate through email.

      Upon acceptance of the above, the User agrees to become a Customer of the Website, and its information will thereafter be part of the database of the company. Treatment of such database shall be made pursuant to what is set forth in the Privacy Policy and current applicable law regarding personal data protection in the United Mexican States.

      Xinú has the right to carry out advertising campaigns during defined time intervals, to promote the sale of the Products. Xinú reserves the right, always pursuant with applicable law, to modify the applicable terms to such promotions, to extend them with proper notice, or to proceed to the exclusion of any of the participants in the promotion in the event of the detection of any irregularity, abuse, unethical or illegal behavior of the participants.

      Any Customer or User that accesses the Website must be 18 or older, with sufficient capacity to contract, pursuant to applicable laws of the United Mexican States, and agrees to use the Website, Social Media (as defined below), the contents and services pursuant to applicable law and this Terms of Use.

      Upon signing in, Xinú utilizes cookies to avoid such Customer having to enter its login details each time. These cookies restore every time the Customer accesses the Website and have an approximate duration of 540 (five hundred and forty) days, time during which the Customer’s session will remain open. Notwithstanding the aforementioned, as a security measure, if the Customer attempts to access a private section, i.e. “My account”, [30 (thirty)] minutes after the Customer has logged in, Xinú will request again to identify itself in order to access said sections. If the Customer does not wish its session to remain active, it can close it through the “Sign out” link of the Website, at any moment and every time it enters the Website.

      • PRIVACY POLICY AND COOKIES POLICY

      The Privacy Policy is published in the Website and is applicable to any use by the User and/or Customer of the Website. The User and/or Customer shall carefully read said policy to know its rights and obligations as set forth therein.

      • INDUSTRIAL AND INTELLECTUAL PROPERTY

      Xinú and its design are trademarks duly registered with the Mexican Industrial Property Institute (Instituto Mexicano de la Propiedad Industrial), for which any use thereof or of any other similar mark that may lead to confusion is expressly prohibited without the prior written consent by its owner.

      The domain name xinu.mx is a domain registered by Xinú. This domain and the trademark name XINÚ may not be utilized without the prior written consent of its owner, in connection with other Products or services that are not from Xinú, or that may otherwise negatively affect Xinú.

      Xinú or its licensors and licensees hold, by themselves or pursuant to any agreement with third parties, the necessary rights with respect to the content, design or source code of the Website and, specially, including but not limiting to, with respect to the necessary rights regarding photographs, images, texts, logos, designs, trademarks, commercial names and information that are included in the Website.

      Likewise, the content of this Website also has the nature of computational software, and therefore, is also subject to the provisions of applicable copyright Mexican law.

      Any reproduction, in whole or in part, of this Website is strictly prohibited, not even by means of a hyperlink, nor of any of its contents, without the prior written consent of Xinú.

      In the same way, any copy, reproduction, adaptation, modification, distribution, marketing, public communication and/or any other action with respect to the Website, that otherwise involves any breach to current law in the United Mexican States and/or international law regarding intellectual and/or industrial property, as well as the use of the contents of the Website without the prior express written consent by Xinú is strictly prohibited.

      Xinú informs that it does grant any license nor express or implicit consent with respect to intellectual and/or industrial property rights or with respect to any right or property, directly or indirectly related to the contents of the Website.

      • XINÚ’S LIABILITY

      Xinú shall use its best effort to ensure the uninterrupted availability of the Website. However, access may be temporarily unavailable due to maintenance tasks, updates, new Products or situations outside of Xinu’s control.

      Xinú does not assume any liability with respect to, on a non-limitative basis:

      • The use by Customers or Users of the materials available at Website or other linked websites, whether prohibited or permitted, that violate any the intellectual and/or industrial property rights of contents available on the web or those of third parties.
      • Any violations regarding intellectual and/or industrial property rights by Xinú third party collaborators with respect to the Products or materials provided for the sale of the Products.
      • Any claims for damages caused to the Customers or Users as a consequence of a normal or abnormal operating of search engines, of the organization or location of the contents and/or access to the Website and, in general, of the mistakes or problems generated in the development or instrumentation of the technical elements that the Website or a program provide the Customer or User with.
      • The contents of those websites to which the Customer or Users can access from the links included in the Website, whether authorized or not.
      • Acts or omissions of third parties, regardless of whether they are contractually bound to Xinú.
      • The access by minors to the contents of the Website, being their parents or guardians to exert an adequate control over the activities the minors under their supervision realize or installing a control tool over their Internet with the purpose of preventing the access to inadequate material or content for minors, as well  as personal data submission without the prior authorization or consent from their parents or tutors.
      • The errors or delays accessing the Website by the Customer at the time of filling their data in the purchase process, the slowness or impossibility of reception by the recipients of the order confirmation or any anomaly that can arise when these incidences are due to Internet problems, caused by force majeure events and any other unpredictable contingency other than the good faith of Xinú.
      • The malfunction or incidents that may occur in the communications, deletion or incomplete transmissions, so that it is not guaranteed that the Website is constantly operational.
      • The mistakes or damages produced to the Website due to inefficient use and bad faith by the Customer or User.
      • The non-operability or problems in the e-mail address provided by the Customer to send the order confirmation email.
      • Xinú is committed to solve any problems that may arise and to offer all the necessary support to the Customer to find a quick and satisfactory solution to the incidents that may arise in the Website.
      • LEGAL NOTICE REGARDING FRAUDULENT PRACTICES

      The Products are available exclusively in the Website. Xinú warns the User and Customer that during the purchase process pop-ups may come up in which, through a fraudulent use of the commercial name and trademark Xinú, the User or Customer may be encouraged to provide information in exchange of a gift or gift card for certain value. These are not Xinú advertisements and the referred gifts do not exist, consequently Xinú does not accept any liability in this regard.

      Xinú contact details are available on the Website. When the User or Customer wants to contact Xinú, they can consult our contact information in the Website. Xinú is not responsible for the fraudulent uses of the Xinú trademark that third parties may carry out.

      Xinú cannot control the programs or devices that can be entered into the User’s computer through its Internet browsing, recommending that the necessary prevention and security measures be established, so that the User is protected against possible attacks by third parties. If the User or Customer is aware of any fraudulent practice, he can contact Xinú and we will try to adopt the necessary measures in this regard.

      • SOCIAL MEDIA AND ADVERTISING

      Privacy Policy

      Xinú informs the Customers and Users that it has a profile in the following Social Media: Facebook and Instagram (each one of them, indistinctively, a “Social Media”). All of them, created with the purpose of advertising Xinú’s Products.

      The Customer or User may join the Groups or Profiles that Xinú has in different Social Media. The User who becomes a follower of any of these Groups or Profiles, thus showing interest in the information advertised in the Social Media, agrees to the terms of use and the privacy policy of the corresponding Social Media.

      Xinú may have access and treat such public information of the User, specifically, their contact name. This data will only be used within the Social Media and won’t be incorporated to any data base, unless otherwise indicated.

      The User can access the privacy policies of the Social Media in any moment, as well as adjust their profile to guarantee their privacy, in accordance with the terms and conditions of use of each of the Social Media.

      Profile Use

      Xinú will carry out the following actions:

      • Access to public profile information.
      • At the request of the User, publication in the User’s profile of information that, previously, has already been published in Xinú’s page.
      • Sending individual messages through the Social Media channels, when they are allowed.
      • Updates of the page status that will be displayed in the User’s profile.

      The User, at all times, can control their connections as well as delete that no longer interest them. Also, they will be able to modify and restrict with whom they shares their connections through the privacy settings.

      Contests, special deals and draws in the Website and in Social Media

      Xinú reserves the right to carry out contests, special deals and draws in which the User that is involved in the page will be able to participate. The rules of each one of them, when done through the platform of the corresponding Social Media’s, will be published in the same, pursuant to applicable law.

      Xinú’s Advertising

      Xinú is able to use any Social Media to advertise their Products. In the event that it decided to treat your contact information to carry out direct commercial research, it will always be pursuant to applicable law and following the platform’s rules.

      Blogs and Forums

      The Users have the possibility of introducing content in Xinú blogs and forums, as comments or photographs. The publication of the content is subject to the present Terms of Use.

      The individual identified, in each case, as the one that has submitted the contents will be responsible thereof. The contents will not reflect, in any way, the opinion of Xinú.

      Xinú is not responsible of the possible mistakes, inaccuracies or irregularities that may be contained in the published content, as well as prejudices or damages that may arise as a result of the published content in the Social Media sections or other platforms that, as the case may be, allow this types of services.

      The User that provides the content gives Xinú, irrevocably, in any type of support, the rights to its reproduction, use, distribution, public communication or any other type of activity over them.

      Likewise, the providing User states that he owns the rights over the contents, as the case may be, or guarantees that he has the rights and authorizations needed from the author or owner, for its use by Xinú.

      Xinú is not responsible for any damages or losses that may be caused by the use, reproduction, distribution or public communication or any other type of activity over the contents that are protected by intellectual property rights belonging to third parties without the User having rightfully obtained necessary authorization from the owners to perform the claimed use.

      Xinú reserves the right to take down, at any moment and unilaterally, the contents in any Social’s Media web section, when, concerned for its contents, Xinú finds it relevant.

      Xinú is not liable for the information sent by the User when he has no effective knowledge that the stored data is illegal or that it can injure goods or rights of a third party, subject of compensation. At the moment that there is effective knowledge that it contains data as the referred above, Xinú commits to act with diligence to remove them or make access to them impossible.

      In any case, to file any claim related to the content inserted in the corresponding section, you can do so  by going to the following email address: hola@xinú.mx.

      • ADVERTISING AND THIRD-PARTY LINKS IN THE WEBSITE AND SOCIAL MEDIA.

      Advertising

      Part of the Website may include advertising content or be sponsored. Advertisers and sponsors will be solely  responsible for ensuring that the submitted material to be included in the Website pursuant with the laws that in each case may be applicable.

      Xinú is not liable for any mistake, inaccuracy or irregularity that may include the advertised content or the sponsors.

      Third-Party Links

      The destination of the links and connections that may appear in the webs and other platforms are not under the control of Xinú.

      Xinú is not responsible for the content of any of the linked sites, nor for any link included in a site accessed from the Xinú Website or of any change or update of said sites.

      These links are provided solely to inform you of the existence of other sources of information regarding a subject, and the inclusion of a link does not imply endorsement of the linked website by Xinú.

      On the other hand, the establishment of links with this Website is allowed, only to home page level, without the establishment thereof, implies Xinú’s approval over the linked site or its content. Likewise, we strictly prohibit:

      • The establishment of deep links without the prior written consent from Xinú.
      • The framing of this Website with sites or elements of sites foreign to Xinú.
      • The online linking and the incorporation by any other means of elements of this Website in the sites belonging to individuals or entities outside Xinú.
      • SEVERABILITY

      In the event that any clause or disposition of the present Terms of Use is declared null, the rest of the clauses or dispositions shall remain in force and be interpreted considering the object and integrity of the content of this Terms of Use.

      The non-exercise from Xinú of any right derived from these Terms of Use shall not be construed as a waiver of such rights, unless expressly waived and in writing by Xinú or that a fixed term has been set for the exercise of the right that, in each case, corresponds.

      • REVISIONS TO TERMS OF USE

      Xinú reserves the right to modify, in any moment and without prior notice, the presentation and configuration of the Website, as well as the Terms of Use and the Privacy Policy. The Customers and Users will always have this Terms of Use available in a visible place, freely accessible or any queries they wish to make. The Customers and Users must carefully read this Terms of Use. In any case, acceptance of the current Terms of Use at any time, will be a preliminary and essential step to the acquisition of any Product available through the Website.

      • COMMUNICATION BETWEEN XINÚ AND THE CUSTOMER

      All communication between Xinú and the Customer relating to these Terms of Use will be made in writing trough the “Help” section or through the [My account > Orders] section.

      In addition to the “Help” and [My account > Orders] sections, Xinú is also available to the Customer in the contact email address hola@xinú.mx.

      The Customers may also send to Xinú physical communications, as long as they are sent to the address of Xinú indicated in clause 1 above, are made in writing and through a system that allows to prove the content and the reception by Xinú of the corresponding communication.

      • TRANSFER OF RIGHTS AND OBLIGATIONS

      Xinú may freely assign and/or transfer, at any time and pursuant with applicable law, the rights and obligations that correspond to it in relation to these Terms of Use or the acquisition of the Products through the Website. For its part, the Customer may not transmit, assign or otherwise dispose of the obligations that correspond to these Terms of Use, unless they have the prior written consent of Xinú.

      • APLICABLE LAW AND JURISDICTION

      These Terms of Use are governed by the legislation of Mexico that is applicable in each case.

      In case of dispute arising from these Terms of Use and for the resolution of any conflicts, the parties agree to submit, to the competent courts located in Mexico City waiving any other jurisdiction to which they may be entitled.

      XINÚ TERMS OF SALE

      • SCOPE

      The present General Terms of Sale (the “Terms of Sale”) govern the purchase of Products offered by Xinú to its customers through the website.

      Xinú operates through a website, exclusively, for North America, South America, Europe and Asia (hereinafter, the “Territory”). Xinú only sends and distributes the Products within the Territory.

      The preceding Terms of Use, as well as these Terms of Sale, will always be suitable when Customers purchase products through the website.

      • INFORMATION ABOUT THE PRODUCTS AND SERVICES

      The descriptions of the products offered on the website are made based on the information and documentation provided by suppliers and collaborators of Xinú.

      The photographs, graphics or iconographic representations and videos related to the products, as well as trade names, trademarks or distinctive signs of any kind included on the website, are intended to guide and provide as much information as possible to the customer.

      In the event that, due to circumstances of force majeure or due to any incident attributable to Xinú, the product is not available after the purchase has been made, Xinú will contact the customer to refund the corresponding amount.

      Due to the nature of the products, some of them can be subject, in addition to the present Terms of sale, to additional conditions. These additional conditions of sale will always be available to the customer on the Website.

      In this regard, the customer, prior to the purchase of the product in question, must review the description and characteristics of the product and any other conditions that may be included (including, without limitation, compliance with any term and condition, fees and established reserves) and be satisfied with them before acquiring the product or contracting the service. In case of conflict or discrepancy between the descriptions of the product and the additional conditions contained in its sale, the latter will prevail over the present Terms of Sale. Accordingly, the customer must read carefully, in addition to these Terms of Sale, the descriptions and applicable conditions to the sale of each product, which will be considered accepted at the time the customer proceed with the purchase of the product in question.

      • PRICES OF THE PRODUCTS AND SHIPPING COSTS

      The prices of the products offered through the website include the respective value added tax (hereinafter, the “VAT”) and any other applicable taxes. Notwithstanding the aforementioned, these prices do not include shipping costs of products to the customer’s address, which will be detailed separately in each order and must be accepted and paid, prior to shipment, directly and exclusively by the customer.

      Xinú reserves the right to modify its prices at any time. The products will be charged to the customer at the advertised price for each product at the time the acceptation and registration of the order is executed.

      • AVAILABILITY

      Xinú will do everything possible to please its customers in the demand of the products. However, sometimes and due to causes that are difficult to control by Xinú, such as human mistakes or incidents in the computer systems, it is possible that a product originally quoted as available is not or is no longer available. In the event that a product is not available after the order has been placed, the customer will be informed via email about the total or partial cancellation of their order. The partial cancellation of the order due to lack of availability does not entitle the total cancellation of the order. If, as a result of this cancellation, the customer wishes to return the delivered product, it must refer to the “Return” section of this Terms of Sale. 

      • PAYMENT OF THE PRODUCTS

       The Customers has the obligation to pay the total price of the acquired Products, at the same time of the purchase of said Products. To the initial pricing that appears on the Website for each one of the offered Products will be added the respective amounts of shipping that may produce in each case. In any case, the amounts or rates will be announced in advance to the Customers prior he formalization of the purchase.

      The ticket or proof of purchase will be sent to the email address provided by the Customer during the check-out process, upon successful completion of such process. In case the Customer requires a digital invoice, it shall send an email to facturacion@xinu.mx and provide its complete and correct fiscal information, as well as the form of payment. The digital invoice shall will be sent to the email address provided by the Customer during the check-out process, within 24 (twenty-four) hours following request thereof. Once the digital invoice has been issued, it is not possible to cancel or reissue an invoice, and therefore the Customer must ensure that the information provided is complete and correct.

      The Customer may fulfill the payment through an American Express, Mastercard or Visa credit or debit card, or using the payment systems made available by third parties and offered by Xinú. The latter case offers the possibility to fulfill the payment by installments with a debit or credit card. The card with which the payment it’s fulfill must have an authorized bank as financial entity issuer to operate within the Territory.

      The Customer may notice to Xinú, through the Help section, any undue or fraudulent payment in the card used to purchase on the Website, in the shortest time possible, with the purpose that Xinú may undertake the arrangements that deems appropriate.

      Xinú has the highest commercially available security measures in the market. Furthermore, the payment process works over a secure server using a SSL (Secure Socket Layer) protocol. The secure server provides a connection in a way that the information is transmitted encrypted with a 128 bits algorithm, that ensure that it is only intelligible for the Customer and the Website. In this way, using the SSL protocol can guarantee as far as possible:

      • That the Customer it’s transmitting data to the server center of Xinú and not to any other that tries to impersonate Xinú.
      • That between the Customer and the server center of Xinú the data it’s transmitted encrypted, avoiding a possible reading or manipulation from a third party.

      Furthermore, Xinú declares that they don’t have access neither store any sensible data related to the payment method used by the Customer. Solely the corresponding entity that process the payment has access to this data in a payment and collection management way, such entity it’s completely external to Xinú, consequently Xinú does not respond to the use that they give to such data. Once completed the purchase process, a digital document will generate in which the contract is formalized and which the Customer can print and that will be field in the section [My Account > Orders].

      Xinú has put in to effect a possible fraudulent transactions detection program, consequently Xinú reserves the right to request information, confirmation and/or any other additional document of the Customer, even after made one or more purchases through the Website, via phone call or email addressed to the number or account provided by the Customer, with the purpose of confirming that the Customer had indeed made and approved such purchase and/or that the delivery or return thereof had been made properly and in this way definitely authorize the corresponding transaction. Among other things, Xinú may formulate by telephone several checks on the Customer identity, or either, request: (a) a confirmation or a written authorization signed by the Customer accountable for the purchase; and (b) copy of the Customer valid official ID with photo to confirm its identity. Xinú undertakes to safeguard said information and documents with the highest security measures at its disposal, in terms of the provisions in force of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares

      In the event that the Customer does not respond favorably or does not deliver to Xinú the documentation and information requested within a period of 48 hours counted from the call or the delivery of the email, the transaction detailed in said communication and the respective order may be canceled automatically, with no need for subsequent notice, nor liability for Xinú for Customer's safety, and Xinú will proceed with the automatic refund of the amount paid by the Customer with respect to said purchase.

      Said procedure is for the safety of the Xinú Customers and therefore, the Customer, by accepting these Terms of Use agrees to submit to the procedure of detection of possible fraudulent operations referred to above, without liability for Xinú and in the same way authorizes Xinú for, once the Customer provides the additional information and documents referred to above, to use them for future transactions that the Customer himself makes.

      • FORMALIZATION OF ORDERS

      The purchase of Products by the Customer through the Website is done following the procedure detailed in the section Help> Purchase Process> Steps to buy a product.

      Once the order has been formalized, that is, with the acceptance of the Xinú Terms of Sale and the additional sales terms, where applicable, at the time of confirmation of the purchase process, Xinú will always send an email to the Customer confirming the details of the purchase made. The purchase of the Product will be understood perfected at the time of receiving the payment of the price by Xinú. 

      • CANCELLATION AND MODIFICATION OF ORDERS 

      Customers may cancel or modify orders before receiving the Product, as long as preparation for shipping has not begun and the order has not yet been sent.

      To make the cancellation, the Customer must access through the web version of the Website (not mobile web version) to the section [My Account> Orders] and click on the "Cancel" button. Cancellations requested by email or by any other means than the one indicated above will not be accepted.

      The cancellation of the order does not imply any expense for the Customer. In case the reason thereof is for the extension of the order, the Customer has the option to extend without having to cancel it. It is recommended that the Customer make the new order before canceling the previous one to check the availability of the Product.

      Xinú reserves the right to cancel orders in cases and in accordance with the terms and conditions indicated in the "Payment of Products" section of these Xinú Terms of Sale.

      • TERM, DELIVERY POINTS AND DEVIATIONS

      Delivery of the Product

      Xinú undertakes to deliver the Products acquired by the Customer, in perfect condition, at the address indicated by the Customer in the order form, as long as it is located within the Territory. In order to optimize the delivery, the Customer must indicate an address in which the order can be delivered, within normal business hours, that is between 9:00 (nine) hours and 18:00 (eighteen) hours, from Monday to Friday, on business days. 

      • Xinú is not liable for errors caused in the delivery when the delivery address added by the Customer in the corresponding order form, does not exist or does not adjust to reality or data have been omitted.
      • Xinú informs the Customer that it is possible that the same order is divided into several deliveries. Xinú reserves the right to cancel or limit the delivery of an order based on the coverage of the corresponding courier company.

      Delivery Term

      The estimated delivery time will be indicated to the customer during the purchase process of the Products. These terms are average terms and, therefore, are only an estimate and not a guarantee of compliance, since the delivery is made through courier companies outside Xinú contracted for this purpose by the latter. Therefore, it is possible that the terms vary for logistical reasons or, in case of force majeure. In case of delays in deliveries, Xinú will inform the Customer of the situation, as soon as Xinú becomes aware of it.

      Each delivery will be considered made from the moment in which the transport company makes the Product available to the Customer at the address indicated by the latter at the time of making the purchase, which is materialized through the control system used by the courier company contracted.

      Will not be considered delay in the delivery to those cases in which the order has been made available to the Customer by the transport company within the agreed period and the order could not be delivered due to causes attributable to the Customer in question.

      In some cases, the Products are sent directly by external collaborators of Xinú. This information will be visible in the details of the Product.

      The risk of the Products (among others, the loss, impairment or theft) will be transmitted to the Customer from the moment in which they have been made available to him at the place of delivery. 

      Delivery data, unrealized deliveries and missing deliveries

      In the same email in which the Customer is informed that the Product left the warehouse from which it will be shipped, the shipping number will be provided for its tracking and the customer service number of the courier company responsible for the shipment, so that, in case of any incident in the delivery, the Customer can contact said company to resolve it.

      If, at the time of delivery, the Customer is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. Xinú contracts, as part of the courier delivery service, the execution of [3 (three)] delivery attempts, to ensure that the delivery occurs.

      If after [10 (ten)] calendar days after the departure of the order, the delivery thereof could not be arranged, the Customer must contact Xinú. In the event that the Customer does not do so after [20 (twenty)] calendar days from the departure to delivery of the order, it will be returned to the place of shipment and the Customer must bear the costs of shipping and returning the goods 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 range between [1 (one) and 3 (three) weeks].

      Diligence in the delivery

      The Customer, under its own and exclusive responsibility, must check the good condition of the package before the carrier that, on behalf of Xinú, makes the delivery of the Products requested, indicating on the delivery receipt any anomaly that could be detected in the packaging of the same. If after examined the product, the Customer will detect any incident such as blow, breakage, signs of having been opened or any damage caused to the Product by the shipment, the latter is obliged to communicate it to Xinú by email, through the Help section on the Website, or by telephone within 48 (forty eight) hours after delivery, this on the understanding that the calculation of this period begins from the date and time of delivery of the order in question, indicated by the courier company that had delivered it, in the corresponding tracking number.

      • RETURNS

      Returns procedure

      Unless otherwise stated in the specific conditions of the sale, all Products acquired in Xinú can be returned and refunded, as long as (1) the Customer communicates in writing to Xinú its intention to return the acquired Products within 10 ( ten) calendar days from the date of delivery of the order, indicated by the courier company that made the delivery, in the corresponding tracking number, and (2) as long as the Product is in the same conditions it was received, closed and with its original packaging.

      Once the term of 10 (ten) calendar days has expired, returns for Product purchases are not accepted.

      The customer will not have the right to return products purchased in the following cases:

      • Products made according to the Customers specifications or personalized; and/or
      • creams, cosmetics and perfumes that have been opened by the Customer.

      Xinú will only accept returns when the following requirements are met:

      • The Product must be returned in the same condition in which it was delivered and must be kept in its original packaging and labeling.
      • The shipment must be made using the same box or envelope in which the Product was originally shipped, or in its absence in a similar format that guarantees the return in perfect condition.
      • A copy of the return receipt must be included, which can be printed from the Website, inside the package, where the returned Product(s) and the reason for the return are also marked.

      In order to facilitate the return process to the Customer and to make a correct follow-up of the same, Xinú establishes as the only procedure for returns the one set forth in this Conditions of Sale. In case a return is approved, Xinú shall refund the cost of the Products, except for return shipping costs. The corresponding refund will be made through the same payment method that the Customer used to make the purchase. 

      The Client shall bear the costs and expenses incurred to return any Products. Upon receipt, Xinú shall review the Products to ensure that they meet the return conditions set forth herein, and if applicable, proceed with the refund of the amount paid for the Products (except for shipping and handling expenses, which shall be borne by the Customer) or send a replacement Product. The Client shall bear shipping and handling expenses of any replacement Products.

      Xinú shall not be liable for any damages, expenses incurred and/or losses of the Products, caused or incurred for those returns made in contravention of the steps established in this procedure, or otherwise damaged by the courier company during the return process.

      Refunds to Customers 

      The return of the Product(s) will result in a refund equal to the cost of the Product(s) returned, less the cost of the return service that may be applicable.

      Only in the event that the Products delivered are defective or incorrect, Xinú will also refund the Customer for the corresponding shipping costs. Refunds and partial cancellations will result in partial refunds.

      Xinú will manage the refund as soon as possible through the same payment method that the Customer has used to make the purchase, from the arrival confirmation of the warehouse of the returned order. Depending on the payment method and the bank, the term to see the reflected refund may vary. If in [14 (fourteen)] calendar days it is still not possible to view the refund, we recommend the Customer to contact their bank. 

      • GUARANTEE ON THE PURCHASED PRODUCTS.

      Xinú guarantees that the Products that are commercialized on the Website work correctly and do not have defects or hidden defects that could make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, the use that each Customer gives to the Products is its exclusive responsibility, without any responsibility in charge of Xinú.

      The offered contractual guarantee is usually [60 (sixty)] calendar days. 

      The guarantee will lose its effect in the event of defects or deterioration caused by external factors, accidents, in particular, electrical accidents, wear, installation and use not in accordance with the instructions of the supplier or manufacturer. 

      The Products modified by the Customer or any other individual are excluded from the guarantee. The guarantee will not be applicable to the apparent defects and defects of conformity of the Product, for which any claim must be made by the Customer in question within [7 (seven)] calendar days following the delivery of the Products. The guarantee will not cover Products damaged by improper use.

      • LIABILITY OF XINÚ

      Without prejudice of what is set forth un applicable regulations, Xinú’s liability in relation to the Products acquired through the Website, will be limited to the purchase price of said Products. 

      • INTEGRITY AND AMENDMENT OF XINÚ TERMS OF SALE

      The Xinú Terms of Sale, in addition to the conditions published in the Product field, document the acquisition by the Customer of the Products, and constitute the express and sole will of Xinú and the Customer in relation to their purpose, and nulls and replaces any other agreements or contracts, verbal or in writing entered into by the parties.

      Xinú reserves the right to modify, at any time and without prior notice, this Xinú Terms of Sale.

      Customers and Users will always have these Xinú Terms of Sale in a visible place, freely accessible for any queries they wish to make. Customers and Users must carefully read these Xinú Terms of Sale. In any case, acceptance of the current Xinú Terms of Sale at any time will be a preliminary and essential step to the acquisition of any Xinú Product available through the Website.

      • APPLICABLE LAW AND JURISDICTION

      The present Xinú Terms of Sale are governed by the legislation of Mexico that is applicable in each case.

      In case of controversy or disagreement arising from these Xinú Terms of Sale and for the resolution of any conflicts, the parties agree to submit to the competent courts based in Mexico City, waiving any other jurisdiction to which they may be entitled.