Terms and Conditions
You as a user of the website www.marcosmeticsco.com (hereafter referred to as the “Site”) must carefully read these general terms and conditions that describe and regulate the use of the services offered (hereinafter the “Terms”) by BE / BACANO / INC / S / DE / RL / DE / CV (hereinafter “BE / BACANO / INC / S / DE / RL / DE / CV”) within the Site, where Mar Cosmetics is the owner and responsible.
The access and / or use of the Site attributes the condition of User. So, for the aforementioned access and / or use: (i) you agree with these Terms, as well as with the Return Policy and the Notice of Privacy (hereinafter the "Complementary Policies") and (ii) you acknowledge its compulsory and binding nature.
Any person who does not accept these Terms and Complementary Policies (prior to registering as a User) must refrain from using the Site and from purchasing any of the products and / or services that BE / BACANO / INC / S / DE / RL / DE / CV offer.
- CAPACITY.
The products and / or services that BE / BACANO / INC / S / DE / RL / DE / CV offer through the Site are exclusive for those people who have sufficient legal capacity to contract a service and / or a product and to stay committed to these Terms.
- REGISTRATION.
Before acquiring the products and / or services that BE / BACANO / INC / S / DE / RL / DE / CV offer through the Site, it is necessary for the User to complete and fill out all the information in the registration window. The information that the User provides must be accurate and genuine (hereafter referred to as the “Personal Data”).
BE / BACANO / INC / S / DE / RL / DE / CV complies with the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility that, according to the Federal Law on the Protection of Personal Data in possession of Private Parties, are necessary to guarantee the Protection and treatment of Personal Data.
For more information on collected Personal Data by the Site, its purpose and withdrawal of authorization for the Treatment of the same, click here: https://marcosmeticsco.com/pages/privacy-policy
- USE OF THE SITE
The Site allows the User to access: texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, etc. (hereinafter the "Content") belonging to BE / BACANO / INC / S / DE / RL / DE / CV.
The User, when accessing the Site, must commit himself to make appropriate use of the website’s Content, as well as a correct use of the products and / or services offered on it. Therefore, the User must be willing to not to undertake nor to carry out any of the following actions: (i) use of the Content to engage in illegal activities, or contrary to good faith and public order; (ii) any action taken through any device, software or any other means to interfere with the activities and operations of BE / BACANO / INC / S / DE / RL / DE / CV such as requests, offers, descriptions, accounts or databases of BE / BACANO / INC / S / DE / RL / DE / CV, (iii) any activity that is in violation or contrary to the laws of intellectual property or to these Complementary Terms and Policies, and, (iv) to insert and spread computer viruses on the Site or on any other system that is susceptible to cause damage to the operation and performance of the Site.
- INTELLECTUAL PROPERTY.
All intellectual property rights from the Content of the Site include, but are not limited to, such things as: graphic designs, user interfaces, visual interfaces, photographs, sounds, drawings, models, computer codes (including HTML codes), provisions, designs, structures, selections, expressions, aesthetic and functional aspects, the logo of the products and / or services offered, the brands, the designs and industrial models, domain names, account identifiers or search terms, among others, are the property of BE / BACANO / INC / S / DE / RL / DE / CV. Also, they are protected by the Industrial Property Law, the Federal Copyright Act, the Federal Criminal Code and other International Intellectual Property Treaties that Mexico is part of.
Reproduction, transmission, adaptation, translation, distribution, public communication, including the modality of putting to disposition, or any other exploitation or / and modification, no matter if it is total or partial, without prior written or expressed authorization by BE / BACANO / INC / S / DE / RL / DE / CV is prohibited, and it applies to all the content included on the Site.
BE / BACANO / INC / S / DE / RL / DE / CV do not grant a license or authorization to use their intellectual and industrial property rights or any other property related to the Site, the products and / or services offered or the Content thereof.
The use of discount codes will not be compatible with certain promotional actions and collections.
- CONTENT PROVIDED BY THE USER.
The sole responsibility of the User is the legitimacy of the intellectual property rights corresponding to the contents provided by himself, so the User will keep BE / BACANO / INC / S / DE / RL / DE / CV free from disturbance and guarded from any claims arising from the illicit use of the content on the Site by third parties.
By providing content (photos, images, etc.) through the Site or any other means, the User freely grants all the intellectual or industrial property rights and any other prerogative regarding such content that the User possesses to BE / BACANO / INC / S / DE / RL / DE / CV. The aforesaid rights include the privilege of reproduction, representation, dissemination, transformation, distribution and public communication of a part or the totality of the content, by any procedure and in any format or media.
- RESPONSIBILITY.
6.1 Failures in the operation of the Site.
BE / BACANO / INC / S / DE / RL / DE / CV declare that they have adopted the needed measures that, within the possibilities and state of technology, can ensure a proper website performance. However, BE / BACANO / INC / S / DE / RL / DE / CV is not liable for any performance issues including, but not limited to: (i) any loss or damage caused by system errors, server or Internet failures that may affect the User, (ii) any viruses that could contaminate and damage the User's computer as a result of access and / or use of the Site, (iii) the continuity and availability of the Content; (iv) the absence of errors in the Content or the correction of any flaw that may come about; (v) the damages or losses caused by any person who does not comply with or violates the security systems of the Site.
BE / BACANO / INC / S / DE / RL / DE / CV will not be liable for any errors or omissions of content on the Site. Likewise, they may temporarily suspend the access to the Site without prior notice, due to maintenance on the website, repairs and touch-ups, updates or improvements to the performance of the Site. However, the User will be informed of the situation as soon as possible with enough notice regarding the scheduled date of the suspension as well as the inaccessibility and unavailability of the Site.
Under no circumstances will the User allocate the responsibility or demand any kind of compensation to BE / BACANO / INC / S / DE / RL / DE / CV, for the damages resulting or raising out of technical difficulties or any other failures arising from the the Internet system.
BE / BACANO / INC / S / DE / RL / DE / CV do not guarantee the access and / or the continuous or uninterrupted use of the Site. The User acknowledges and accepts that the system or Site may not be available due to technical difficulties or Internet failures, or because the occurrence of any other circumstance outside the control of BE / BACANO / INC / S / DE / RL / DE / CV. So in such cases, strenuous efforts will be concentrated to re-establish the ordinary use of the Site. BE / BACANO / INC / S / DE / RL / DE / CV will not be held jointly and severally liable for any kind of responsibility.
6.2 Links.
The Site may contain links to other websites, that does not mean that they are owned or operated by BE / BACANO / INC / S / DE / RL / DE / CV. For that reason, they do not assume any responsibility for the links to other websites that are embedded in the Site, and might take the User to other websites which BE / BACANO / INC / S / DE / RL / DE / CV do not have any type of power or control over. Therefore, the User accesses the content of such sites at their own responsibility and subject to the conditions of use that govern these links.
BE / BACANO / INC / S / DE / RL / DE / CV is not accountable for the use that the Users might make of the Content and services included on the Site. In consequence, BE / BACANO / INC / S / DE / RL / DE / CV do not guarantee that this aforementioned use of the Content and services meet the stipulated Terms, or that they diligently comply with them.
BE BACANO INC S DE RL DE CV no garantiza que el uso que los usuarios puedan hacer del Contenido y servicios en el Sitio, se ajusten a los presentes Términos, ni que lo hagan de forma diligente.
- EXONERATION OF RESPONSIBILITY.
The User will keep BE / BACANO / INC / S / DE / RL / DE / CV, subsidiaries and affiliated companies free from disturbance and guarded from any possible claim, lawsuit or sanction as a result of: i) the use and / or the access to the Site by the User; (ii) any Content published by the User; (iii) the violation of any of these Terms and Supplementary Policies; and (iv) the violation of any third party rights. That includes, without limitation, property rights, the right to privacy and intellectual property rights.
- MODIFICATIONS.
BE / BACANO / INC / S / DE / RL / DE / CV reserve the right to modify these Supplementary Terms and Policies at any desired time, by publishing the corresponding modifications on the Site at least 30 (thirty) calendar days prior to the scheduled date.
- ADDRESS.
The address of BE / BACANO / INC / S / DE / RL / DE / CV is: PLUTRACRO ELIAS CALLES No. 325 B, Colonia tampiquito, CP 66240, San Pedro Garza Garcia, Nuevo León.
- APPLICABLE LEGISLATION AND JURISDICTION.
For matters concerning the interpretation and compliance of these Terms, the User and BE / BACANO / INC / S / DE / RL / DE / CV expressly submit themselves to the laws and competent courts of the City of Monterrey, Nuevo León, resigning specifically to any other jurisdiction that by reason of its nationality or address could correspond.