Terms of use and conditions

By visiting our site and/ or purchasing something from us you agree to follow our “Terms of use and Conditions” which apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access to the website or use any services.

 

You can review the most current version of “Terms of use and Conditions” at any time on this page. We reserve the right to update, change or replace any part of these “Terms of use and Conditions” by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use or access to the website following the posting of any changes constitutes acceptance of those changes.

 

A. TERMS

By agreeing to these “Terms of use and Conditions”, you represent that you are at the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

B. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All the software and the contents of the website www.monbaboo.com, as well as the trademarks, trade names and/ or distinctive signs shown, are the property of us or of third parties and are protected by national and international laws on Intellectual and Industrial Property, therefore, no user is authorized to make use of them, nor to print or store them under any physical medium in any case other than that including personal and private use, and therefore the modification or commercial use of any part thereof is prohibited. These rights are protected by the legislation that is applicable in matters of intellectual and industrial property, exploitation rights and other similar rights.

 

In no case does access to the website imply assignment, transmission or any other type of waiver, either total or partial, of Intellectual or Industrial Property rights. Any other use, including the reproduction, modification, distribution, transmission, reissue, arrangement or representation of any element of the website is strictly prohibited, the user being solely responsible for the misuse of the same.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

It is strictly prohibited to carry out any manipulation or alteration of this website. Consequently, we will not assume any responsibility derived, or that could be derived, from said alteration or manipulation by third parties

 

C. AVAILABILITY
The availability of the products in the stock inquiry and during the purchase process in the online store is mentioned for information only and therefore will not be contractual, since purchases may be taking place at the same time and the product may not be available . Responsibilities derived from the lack of stock of any of the models shown are not accepted.

If the ordered product is not available or if its stock has been exhausted, the user will be informed by email and the amount paid will be reimbursed within 30 days of payment.

D. CURRENCY AND PRICES
Prices on our website are shown in Mexican pesos and US dollars for all countries. All the prices of the products that appear on this website include taxes at the current rate at all times.

These prices do not include the costs of shipping the products, which are detailed separately and must be accepted by the user.

We reserve the right to change the prices displayed on the site without prior notice. Prices may change at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

E. PAYMENT
The following payment methods are accepted: Card (Visa, Mastercard, American Express) and PayPal.

 

To protect the security of card payments, we use secure payment systems, where confidential data is transmitted in encrypted form.

 

F. PRODUCTS

Our products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Our products are handmade by artisans from different regions in Mexico and from the word and that is why the product may not be perfect in this entirety.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

G. CUSTOMER RESPONSIBILITY

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

H. PROHIBITED USES

In addition to other prohibitions as set forth in the “Terms of use and Conditions”, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

I. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall monbaboo®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

J. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these “Terms of use and Conditions” shall not constitute a waiver of such right or provision.

These “Terms of use and Conditions” and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the “Terms of use and Conditions”).

Any ambiguities in the interpretation of these “Terms of use and Conditions” shall not be construed against the drafting party.

 

K.  GOVERNING LAW

These “Terms of use and Conditions” and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of San Luis Potosí, México.

These “Terms of use and Conditions” and all relationships established with the user will be governed by Mexican law. Any controversy that arises or is related to the use of the website will be submitted to the jurisdiction of the Courts and Tribunals of the city of  San Luis Potosí, México, expressly waiving any other jurisdiction that may correspond to them.

 

L.  CHANGES TO TERMS OF SERVICE

You can review the most current version of the “Terms of use and Conditions” at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

M. CONTACT INFORMATION
Questions about the “Terms of use and Conditions” should be sent to us at hello@monbaboo.com