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      Terms and Conditions ECART.COM (“ECART”)

      MODULE ONE

      1. ECART
      2. PRIVACY POLICY
      3. ACCOUNT TERMS APPLICABLE FOR ALL PURCHASES
      4. ELECTRONIC COMMUNICATION 

      MODULE TWO

      1. PRICES
      2. PAYMENT
      3. INTERNATIONAL TAXES
      4. SHIPPING AND HANDLING
      5. MERCHANDISE DAMAGE
      6. RETURN OF PRODUCTS BY YOU
      7. EASY REPLACEMENT 
      8. CHANGES AND CANCELLATION
      9. CANCELATTIONS OF ORDER BY ECART
      10. REIMBURSEMENT

      MODULE THREE

      1. LICENSE AND WEBSITE ACCESS
      2. NO LICENSE FOR COMMERCIAL SALE
      3. NO REPRODUCTION
      4. NO FRAMING
      5. METATAGS
      6. YOUR ACCOUNT
      7. GIFT VOUCHER/WALLET/PREPAID CREDIT (THE “CREDIT”)
      8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
      9. RIGHTS GRANTED
      10. RIGHTS OF OWNERSHIP
      11. RISK OF LOSS
      12. PRODUCT DESCRIPTION
      13. SITE POLICIES, MODIFICATION, AND SEVERABILITY
      14. INTELLECTUAL PROPERTY RIGHTS
      15. TRADEMARKS

      MODULE FOUR

      1. GOVERNING LAW AND JURISDICTION
      2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

       

      MODULE ONE

      1. ECART

      Welcome to ECART. In these terms and conditions “you”, “user” and/or “customer” are referring to you, your employees, directors and/or representatives. By signing up for an ECART account or by using any ECART services, you are agreeing to be bound by the following terms and conditions. You must agree and accept all the terms and conditions contained or expressly referenced here, including ECART´s acceptable privacy policy before you may sign up for an ECART account or use any ECART services. 

      ECART is constantly innovating its website to offer you the best possible experience to its users. By accept this terms and conditions, you recognize and agree that the content and the service provided by ECART can occasionally vary without notice you.

      Please read these term and conditions carefully. While using any current or future services offered by ECART or any of its affiliates and/or subsidiaries, you will abide by these terms & conditions, the guidelines and conditions applicable to such service or business. 

      2. PRIVACY POLICY

      Please, review our Privacy Policy, which also governs your visit to ECART to fully understand our practices.

      3. ACCOUNT TERMS APPLICABLE FOR ALL PURCHASES

      All orders are deemed “offers” for you to purchase our products. We may accept your offer by issuing a i) confirmatory e-mail and/or ii) mobile confirmation of the specified products in your order. Our acceptance of each such offer is expressly subject to and conditioned on your consent to these terms and conditions of sale. No other terms and conditions will apply; except in those cases that your offer will be about an existing promotion by ECART; in such case, it will be applying the corresponding terms and conditions.

      4. ELECTRONIC COMMUNICATION 

      When you visit ECART or send e-mails to us, you are communicating with us electronically. By communicating with us, you give us your implicit consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

       

      MODULE TWO

      1. PRICES

      All prices posted on this website are subject to changes without notice. Prices prevailing at the commencement of placing the order will apply. Posted prices do include taxes and charges. In case there are any additional charges or taxes by ECART, different from Customs in the destination country, the same will be mentioned on the website.

      2. PAYMENT

      All payments must be received by us prior to shipping unless the order is placed by using ‘Cash on Delivery’ (COD) payment mode. We accept payment by credit card, debit card, OXXO, PayPal and Stripe. 

      3. INTERNATIONAL TAXES

      Customs in the destination country may impose customs taxes, import duties, taxes and other charges on international orders, as applicable. Additional taxes mentioned above, which are required for customs controls, are the responsibility of the user and are independent of ECART.

      In some cases, ECART must pay certain duties and taxes, in advance, on behalf of the user. For example, ECART may pay an advance fee when countries require duties and taxes to be paid before clearing entry through customs or before releasing certain items. In these cases, ECART will assess the additional amount for the advance charges which may vary depending on the country, items, and the filling of the commercial invoice, in which the charge will be made to the user's account. Please note that ECART has no control over these charges.

      4. SHIPPING AND HANDLING

      We will arrange the shipment of the products to the address you indicate to us. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Title and risk of loss and damages pass on to you upon the delivery of the products to you. In case reverse shipment cannot be arranged by us due to unavailability of our logistics partners, then in that case you may be requested to send such products through any available courier services.

      In cases of reverse shipments and delivery, the terms and conditions of the services of the courier and parcel agencies (carriers) will be strictly applied. In any case, those previously conditions will always prevail; those terms and conditions are found on their respective websites. ECART is completely excluded for any anomaly of the carriers and seller’s services, and if it were the case, ECART will be protected by this terms and conditions of the services.

      5. MERCHANDISE DAMAGE

      You recognize that ECART is a digital platform with offer the publicity of merchandise from global sellers, in that case, ECART is neither the owner of the merchandise and/or products offered nor responsible for the transportation of those products and /or merchandise. In the event the packaging of the delivered merchandise is damaged, ECART recommends that you do not accept or receive the product for any reason or concept. 

      ECART establish the procedure in case you desire to request a reimbursement for merchandise damage requested by you, such as imperfections, damages, not complete merchandise to the original product. 

      If you desire to return the product or merchandise with damaged packaging, then you will need to take pictures of the outer packaging and the packaged product in all possible angles and share them with us.

      The above in order to request the corresponding report with the selected parcel agency for the possible reimbursement payment.

      Procedure: 

      1. You will notify ECART about a product in poor condition sending the guide number, photos of the damaged packaging, and in the case, of the damaged product.
      2. ECART will make a report to the selected parcel agency by you requesting reimbursement for damage to your product or merchandise. In case this reimbursement would be applicable, ECART will share with you a return guide that you must print and add to the packaging of the product. 
      3.  You must deliver the package together with the return guide directly to the parcel agency that delivered the product to you. It is necessary that you deliver the damaged packaging and all the complete product that you purchased on the ECART platform.
        • In case that you prefer to choose the “collection” option, you must select one of the available schedules by the parcel agency that delivered the damaged packaging, so they can pick up your product or merchandise again.
        • We remind you that ECART is not responsible for pick up your damaged products and/or merchandise.
      4. In case that the reimbursement with the parcel and the seller proceed, ECART will reimburse to you the price of the purchased product without the shipment payment and between the following 72 (seventy-two) business hours after i) you deliver the product and the return guide in the corresponding parcel agency, or ii) the collection of the product damaged by the parcel agency that you select, depending on the option you choose.

      It is essential to clarify that ECART is an intermediary company in which the payment of the product or merchandise purchased will be in the case of "uninsured" merchandise.

      6. RETURN OF PRODUCTS BY YOU

      You have 2 (two) business days to return your order from the moment you receive it, so you can receive a refund, if it is applicable. We recommend you make the return immediately after you receipt your order and, in this way, guarantee to you that it reaches our seller on time since ECART is only an intermediary. The products and/or merchandise must be returned unworn, undamaged, with their original packaging and labels. Please note that beauty products, underwear, swimwear, etc., must be returned unworn and unopened.

      Once your return is received and processed, your refund will be made according to your original payment method.

      7. EASY REPLACEMENT

      ECART offers easy replacement for all products sold on ECART, under certain conditions which are mentioned below. You must notify us of any damage or defect within the following 48 (forty-eight) hours from the date of receipt of delivery of the products. In case you fail to inform ECART within the stipulated time frame, ECART reserves the right to accept or reject such request at its sole discretion. ECART will facilitate the communication with the seller of your merchandise and you for the replacement of the defective product with a brand-new product of the respective seller at no extra cost.

      ECART reserves the right to offer an alternate product in case the product is out of stock/ production. In case you do not wish to purchase the alternative product offered, the refund of your money will be made once the seller receives the wrong and/or damaged product.

      The replacement guarantee is valid only in cases of manufacturing defects and transport damages and is invalid in cases of damages due to normal wear & tear and negligence on part of the customer. 

      8. CHANGES AND CANCELLATION

      Any item additions, quantity changes or specification changes must be made before finishing your purchase. We may, without liability, cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with the payment mode selected by you.

      Once your payment has been made, you will not be able to cancel your order, except in cases where no linked guide has been generated, which will reach your email registered in your account. It is important that you constantly check your email once your purchase is complete.

      9. CANCELATTIONS OF ORDER BY ECART

      ECART reserves the right to refuse or cancel any order for a product performed with an incorrect price or for any other reason. This will be independent if your order has been confirmed and/or the payment has been received. In this case, you will be informed about it and payment will be refunded by 100% (one hundred percent). 

      10. REIMBURSEMENT

      Your reimbursement will be made according to your original payment method. Please note that refunds can take up to 30 (thirty) business days to be available in your account (this depends on your bank and payment service provider).

      For reimbursements to payments made by OXXO, it is necessary that you send us by email: i) standardized bank code (18 digits), ii) full name of the beneficiary, and iii) receiving bank in order to do so. Please note that refunds can take up to 30 (thirty) business days to be available in your account (this depends on your bank and payment service provider).

       

      MODULE THREE

      1. LICENSE AND WEBSITE ACCESS

      ECART grants you a limited, non-transferable and exclusive use license to access and make personal use of this website. It is prohibited to download (other than page caching) or modify the website or any portion of it, except with the expressed written authorization of ECART.

      2. NO LICENSE FOR COMMERCIAL SALE

      This license does not include any resale or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.

      3. NO REPRODUCTION

      This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise not be used for any commercial purpose without the written consent of ECART.

      4. NO FRAMING

      You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ECART and/or its affiliates without expressed written consent.

      5. METATAGS

      You may not use any metatags or any other ‘hidden text’ utilizing ECART’s name or trademarks without the expressed written consent of ECART. Any unauthorized use terminates the permission or license granted by ECART.

      6. YOUR ACCOUNT

      Protection of Your Account: You agree to accept responsibility for all activities that occur under your account or password, as well as restricting access to anyone other than yourself. You are responsible of all activities that occur under your account or password, as explained in the privacy policy, when using this website.

      Use by Children: ECART sells children’s products exclusively to adults. If you are under the age of 18 (eighteen) years, you may use ECART only with the involvement of a parent or guardian. ECART and its affiliates and/or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion if they are made by a minor, as described in the Privacy Policy of this website.

      7. GIFT VOUCHER/WALLET/PREPAID CREDIT (THE “CREDIT”)

      The credit cannot be exchanged for cash or cheque. The holder of the credit is deemed to be the beneficiary. The full amount of credit can be applied to only one account on ECART. Credit cannot be used with other promotional offers on ECART. The credit can be redeemed on ECART. Gift Voucher hard copies shall be mailed to the customer. Gift Voucher Valid for 6 (six) months from the date of purchase. On your request, gift vouchers can be emailed either to your registered email or any other email designated by you, once the order has been processed.

      8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

      Nature of content: Visitors to ECART may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights to otherwise injuries to the third party or objectionable and does not consist of or contains a software virus, political campaigning, commercial solicitation, mass mailing or any form of spam.

      False information: You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ECART reserves the right, but not the obligation, to remove or edit such content but does not regularly review posted content.

      9. RIGHTS GRANTED

      If you post content or submit material and unless we indicate otherwise, you grant ECART, its affiliates and/or subsidiaries, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such content throughout the world in any media. You grant ECART, its affiliates and/or subsidiaries sites and sub-license the right to use the name that you submit in connection with such content if ECART chooses.

      10. RIGHTS OF OWNERSHIP 

      You represent and warrant that you own all the rights or otherwise control all the rights to the content that you post on the website; that the content is accurate; that the use of the content to supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify ECART, its affiliates and/or subsidiaries for all claims resulting from the content you supply. ECART has the right but not the obligation to monitor and edit or remove any activity or content. ECART takes no responsibility and assumes no liability for any content posted by you or any third party.

      11. RISK OF LOSS

      All items purchased from ECART are made pursuant to the shipment contract. This means that the risk of loss and title for such an item passes on to you upon the delivery of the products.

      12. PRODUCT DESCRIPTION

      ECART, its affiliates and/or subsidiaries, attempt to be as accurate as possible. However, ECART makes no warranties that the product description and any other content of its site are accurate, complete, reliable, current, or error-free. If the product offered by ECART itself is not as described, the sole remedy is to return in its unused condition.

      13. SITE POLICIES, MODIFICATION, AND SEVERABILITY

      Please review our other policies. We reserve the right to make changes to our website, policies, and these terms and conditions at any time and without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions.

      14. INTELLECTUAL PROPERTY RIGHTS

      Copyright Protection all content included on this web site, such as text, graphics, logos, button icons, audio clips, digital downloads, data compilations and software, among others, is the property of ECART, its subsidiaries and/or its affiliate sites and protected by the US Copyright law. The compilation of all the content on this site is the exclusive property of ECART and protected by US Copyright law. All software used in this site is the property of ECART and is protected under the US Copyright law.

      15. TRADEMARKS

      1. Protected Marks: Seller.ecart.com & ECART books, products, and other marks indicated on ECART website are registered trademarks of ECART.
      2. Protected Graphics: All ECART graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of ECART. ECART’S trademarks and trade dress may not be used in connections with any product or service that is not of ECART. All other trademarks not owned by ECART or its affiliates that appear on ECART or its affiliate sites are the property of their respective owners, who may or may not be affiliated with, connected to, associated with ECART or its affiliates and/or subsidiaries.

       

      MODULE FOUR

      1. GOVERNING LAW AND JURISDICTION

      These terms and conditions will be construed only in accordance with the laws of United States of America. In respect of all matters/disputes arising out of, in connection with, or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Delaware shall have jurisdiction, to the exclusion of all other courts.

      2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

      THIS SITE IS PROVIDED BY ECART ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

      TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECART DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM ECART ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. ECART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.