Terms and conditions

TERMS AND CONDITIONS FOR CARRYING OUT ONLINE PURCHASE AND SALE TRANSACTIONS.-

PANESA PARTS AND ACCESSORIES FOR TIRES, with address at Camino Real a San Lorenzo 284, 8th Amp San Miguel, Iztapalapa, 09837 Mexico City, CDMX (for identification purposes in this document it will be referred to as "The Company"), offers for sale the products that appear on the Internet platform located at the website www.tienda-panesa.iusa.com.mx for direct sale and without intermediaries to the general public. All purchase transactions made within the aforementioned platform, or the subpages that are displayed within it, will be subject without exception to these Terms and Conditions (for identification purposes in this document it will be referred to as "The Terms and Conditions" or "The Document").

A) The domain name www.tienda-panesa.iusa.com.mx (for identification purposes in this document it will be referred to as the "Internet Platform" or "the Platform") is the exclusive property of the Company, which at all times reserves the right to modify, correct, add to and/or improve the contents of the platform or its subpages, including the technical and physical characteristics of the products offered, as well as their price and the purchase conditions established in these Terms and Conditions; this without the need to notify the User. Therefore, the person who accesses the Internet Platform is obligated to read and review the Terms and Conditions before making a purchase or using any service established on the aforementioned Internet Platform.

B) Each time any person enters the Platform and uses it, as well as the subpages displayed within the Platform (for identification purposes in this document, the User will be referred to as the "User") to purchase any of the products or services offered, they fully and simply accept the Terms and Conditions established in this Document, expressing their tacit consent in terms of the provisions of article 1803 of the Federal Civil Code, for which reason the User is requested to review them carefully before carrying out a transaction. Any User who does not agree to fully and simply accept the conditions established in these Terms and Conditions, or in the privacy notice contained on the Internet Platform, must refrain from making any purchase, providing any type of personal data or using any of the services existing on the Platform.

C) Likewise, the User who decides to make a purchase of any product offered on the Platform, or on the subpages displayed within the aforementioned Platform, or decides to use any of the services contained therein, declares that he or she is aware of the privacy notice published on the Internet Platform, and that prior to making the purchase of one or more products, he or she has consulted it in detail.

D) The User accepts that all content on the Internet Platform is the property of The Company, including each and every one of the photographs that appear on said platform and its subpages, and the User accepts that he/she may not make any use of said photographs other than to use them to review the products and make a purchase within the Internet Platform, in the event that the User uses any of the photographs found on the Internet Platform for a purpose other than making a purchase on said platform, The Company reserves the right to initiate legal action for damages against the user.

E) The intellectual property rights of this website, the information and materials published therein, as well as their layout, belong to The Company, and all rights thereto are expressly reserved. Therefore, their use without the express authorization of The Company is expressly prohibited, and their reproduction is not permitted without prior authorization, unless otherwise indicated.

This Internet Platform, its logos, and all materials appearing on this site, such as trademarks, domain names, commercial notices, trade names, works, mobile applications, documentation, and any other element susceptible to protection by intellectual property rights that form part of the website and mobile applications, are the property of the Company or third parties and are protected by international treaties and applicable laws on intellectual property. The copyrights on the content, organization, collection, compilation, information, logos, photographs, images, programs, applications, and in general any information contained or published on this site are duly protected in favor of the Company, its affiliates, suppliers, and/or their respective owners, in accordance with applicable legislation on intellectual property.

The user is expressly prohibited from modifying, altering, or deleting, either in whole or in part, any notices, trademarks, trade names, signs, advertisements, logos, or in general any indication that refers to the ownership of the information contained on the indicated site. All content on the website and mobile applications, including but not limited to text, graphics, photographs, logos, audio, video, trademarks, images, databases, domain names, as well as the graphic design, source code and software, and any other element susceptible to protection by intellectual property rights that form part of the website, among others, are the exclusive property of the Company or third parties, whose rights are recognized by the Company and are subject to intellectual property rights protected by applicable national and international legislation. The use of all elements of the site's content that are subject to intellectual property for any purpose, including their reproduction, copying, distribution, modification, or alteration in whole or in part, is strictly prohibited.

The user does not acquire any intellectual property rights by simply using the services and content of the website and mobile applications, and at no time will such use be considered an authorization or license of intellectual property rights. The use of these rights for purposes other than those contemplated in these Terms and Conditions and the respective contracts is prohibited.

The user agrees that the provisions set forth in the preceding paragraphs regarding the ownership of intellectual property rights also apply to the rights of third parties with respect to the services and content of the web pages, trademarks, designs, works, computer programs, domain names, documentation, and any other element susceptible to protection by intellectual property rights presented or linked to the website and mobile applications.

Any unauthorized use of the contents will constitute a violation of this document and of national and international intellectual property laws, as well as any other applicable laws.

F) The purpose of the platform and its subpages is for the general public, or where appropriate the User, to consult the products that The Company offers for sale, as well as the physical and technical characteristics of said products, so that, where applicable, they may proceed to purchase them or use any of the services contained in said Internet Platform or its subpages. Any use other than that referred to above is completely prohibited or unauthorized, so that, by way of example, but not limited to, the User may not copy, forward, reproduce, reuse, sell, transmit, distribute, download, license, modify, publish or use in any other way the content (images, text or other) hosted on the Internet Platform, for which reason The Company grants the User only the right to view and use the Internet Platform always in accordance with and under the conditions established under these Terms and Conditions, the User being obligated, by way of example, but not limited to, the following:

1.- To use the Internet Platform in accordance with the Terms and Conditions set forth herein, using the Internet Platform, following the instructions for use found within it.

2.- To carry out purchase and sale transactions, personally, or on behalf of and representing the natural or legal person(s) that he or she has the right to represent.

3.- Be responsible for all charges, fees, and taxes arising from the purchase and sale transactions carried out under the Internet Platform mentioned in these Terms and Conditions.

4.- The use of the information provided through this website is the sole responsibility of the user. The Company is not liable for damages or losses arising from access, use, or misuse of the contents of this website, or for any errors or omissions that may exist in said information.

5.- Not allow any person, without the User's consent, to make purchases through the Internet Platform using payment methods belonging to the User; by way of example and not limitation, we refer to credit or debit cards issued by banking or financial institutions.

6.- Do not impersonate individuals or legal entities by providing false email addresses or physical addresses.

7.- The user must respect the Terms and Conditions established herein at all times. The user expressly represents that they will use the website appropriately and assume any liability that may arise from non-compliance with these rules. Therefore, the user agrees to use the website in a manner that does not violate the laws in force in the country in which they are located.

8.- Likewise, the user may not use the website to transmit, store, disclose, promote, or distribute data or content that contains viruses, files, or programs designed to interrupt, destroy, or impair the operation of any computer program or equipment.

The user is not entitled to place hyperlinks to the website, nor to place or use the services and content of the website on their own or third-party websites or web pages without prior authorization from the Company.

You may not use The Company's Internet Platform, sites, mobile applications, or services in any manner that could damage, disable, overburden, or impair any The Company's site, mobile application, or service, or the networks connected to any The Company's site, mobile application, or service, or interfere with any other party's use and enjoyment of any The Company's site, mobile application, or service. You may not attempt to gain unauthorized access to any The Company's site, mobile application, or service, or to other accounts, computer systems, or networks connected to any The Company's site, mobile application, or service, through hacking, password mining, or any other means.

You are strictly prohibited from uploading files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar programs, viruses, or software that may damage the operation of third party equipment or property.

You may not obtain or attempt to obtain any materials or information through any means not expressly made available for such purpose through The Company's sites, mobile applications, or services.

The User agrees that in the event of unauthorized use of the texts or photographs of the Internet Platform or its subpages, in violation of the restrictions established herein, the Company reserves the right to initiate legal action for damages against the user.

I.- PURCHASE CONDITIONS, PRICE AND DISCOUNTS.

A) Products purchased by the User through the Internet Platform shall be governed by these Terms and Conditions and shall be considered retail sales, and shall be subject to the applicable provisions in accordance with the tax laws and regulations in force in the United Mexican States.

B) The Company sells online through the Internet Platform and the subpages displayed within it, the products described therein through text and images. The product description will include their technical characteristics, and therefore the Company undertakes to deliver to the User the purchased product with the same technical characteristics as those indicated on the aforementioned Platform.

C) In the event of an error in the availability, description, image of the product, quality, payment terms, applicable offers or the price of the product, the Company has the unilateral right to cancel the transaction, returning the amount of the price, if it has already been covered.

D) The User accepts that the product delivered by the Company may present slight variations in appearance with respect to the product offered by image on the Internet platform, and may vary in color or other physical aspect. In the event that the User receives a product whose technical characteristics described and offered on the platform do not match the product that was delivered to them, and the User decides to cancel the purchase transaction, the Company will accept the return of said product, refunding its price, plus the costs of the parcel service that the Company designates to carry out the return of the product. However, if said changes do not affect the technical characteristics or functionality of the product, they will not result in the cancellation of the purchase by the User.

E) All prices published on the Internet Platform are expressed in pesos, the legal currency of the United Mexican States, and include Value Added Tax (VAT). The User may request the Digital Fiscal Receipt online ("CFDI" or "electronic invoice") through the Internet platform, and whenever requested, they must provide their Federal Taxpayer Registry, name or company name, tax regime, postal code, email address, and the purchase confirmation number. Once these requirements have been met, the Internet platform will generate the corresponding files for the User. Likewise, the User may request a printout of the CFDI or electronic invoice; in this case, the Company will send the User the printed document along with the purchased product, through the corresponding courier company.

F) The prices of each of the products offered for sale on the Platform will be easily identifiable and attributable to each product by the User, as will any promotions or discounts offered on said products. The Company may offer prices and offers for the sale of products on this Internet Platform that vary from the prices and offers for the same products on other platforms or in physical distributor stores. These prices will only be applicable to sales transactions made through this platform and for the city or entity indicated. Therefore, under no circumstances is the Company obligated to respect the prices published within this Internet Platform for transactions made on other platforms or in any of the physical distributor stores or in other cities or entities than those indicated.

G) After a specific purchase transaction, the Company may increase or decrease the price of the product; however, this price will not apply to a purchase transaction already concluded between the Company and the User.

H) None of the prices will include delivery costs or installation costs, which must be fully assumed by the User. Occasionally, the Company may include shipping costs as part of its promotions.

II.- PAYMENT METHODS.

A) Payment for the product will be made using credit or debit cards that have been issued by banking or financial institutions established under the laws and regulations of the United Mexican States, and that are among those accepted by the payment gateway of Shopify Payments . The Company may occasionally change the banking institution cards or payment gateways it accepts on this Online Platform.

The Company may verify whether the payment transaction made by credit or debit card was credited, declined, or is in process.

In the event of any discrepancy between the information provided on this Page and the information provided to the Acquiring Bank Institution and the information collected at the time of preparing for delivery of the merchandise, the Company may suspend delivery of the merchandise until the information provided is fully validated.

If the User chooses this payment method, they may generate the order from their account on the online platform, or the Company may guide them through the issuance of the referenced payment order to make the payment by bank deposit. The User will have the deadline established in said payment order to make the deposit. In the event that the product the User wishes to purchase runs out of stock within the aforementioned deadline, the User will be notified through the platform, indicating a deadline by the Company to supply the product. If the User decides not to accept delivery within the deadline proposed by the Company, the sale will be canceled, and the User will be refunded the amount previously paid. For the refund, the User must provide a bank account number in their name, as well as the Interbank CLABE number of said account, clearly indicating the banking institution where it is located. Once the Company has this information, it will proceed to make the aforementioned refund within a period of no more than 10 business days.

B) The Company may review the information provided by the User to make the online purchase, even after said purchase transaction has been made. The Company may request the User to prove that the information provided is correct.

C) In the event that the payment gateways used by the Company to process payments for products made by the User issue an alert or notice regarding a payment made, or a specific credit or debit card, questioning any aspect of the payment made or the use of said card, the Company may suspend delivery of the product to the User until the User clarifies with the banking institution that issued the credit or debit card the reason for the aforementioned alert or notice. The Company will notify the User via the platform's email of any incident that occurs while processing their payment, providing them with the necessary information to contact the card-issuing bank. In the latter case, the Company may request the User to identify themselves by sending a photograph of an official ID.

III.- PURCHASE CONFIRMATION.

Once the purchase has been made through the aforementioned online platform and payment has been authorized by the corresponding payment gateway, the User will receive a notification indicating that the payment was successfully processed, along with purchase confirmation and follow-up notifications.

The aforementioned purchase confirmation will be required when the User makes a request for a product exchange, a warranty claim, to process the cancellation of a purchase transaction and its corresponding refund, or a product exchange. Therefore, the aforementioned purchase confirmation must not be altered in any way and may be presented to the Company electronically.

The Company reserves the right to review the originality of the purchase confirmation and, if it detects that the purchase confirmation has been altered, falsified, or manipulated, it reserves the right to accept or reject the purchase confirmation. It will be at its sole discretion to make the exchange, apply the guarantee, cancel the transaction, or issue a refund.

IV.- DELIVERY METHODS.

A) For online purchase transactions made through the Internet platform, for which payment has been successfully credited, the delivery method for the goods is through the external parcel service or collection at the Company's address, being the case that the purchased products may only be delivered to the address indicated for this purpose in the online transaction made through the Internet platform, the products having to be received by the User, or by the person authorized by the User, in both cases they must identify themselves before the Company's courier staff who will make the delivery, who will collect the corresponding receipt.

Delivery of the product to the User's address will have a cost that must be covered by the User at the time of payment for the purchase. This cost must be clearly indicated within the online purchase made through the Internet platform referred to throughout these Terms and Conditions.

B) Delivery orders include basic maneuvers. In the case of large products, deliveries are made at street level and on the ground floor.

C) Deliveries of goods will only be made within the national territory, and the maximum time for the User to receive the purchased product is 15 business days.

D) The Company and the User accept that the delivery times provided for online purchases may vary due to weather conditions, errors in the documentation, or inaccuracy of the address provided by the User.

E) In the event that the product purchased through the aforementioned Internet platform cannot be delivered within the aforementioned period, or its delivery is impossible because the data provided by the User is incorrect or insufficient, and this generates an extra cost for delivery, said cost must be assumed by the User himself, or by the Company, if it is proven that the error in the User's address is attributable to the latter.

F) The User, upon receiving the merchandise subject to purchase and sale from the Company that provides the parcel service, must check that the packaging does not present any dents or breaks, and the User must complain about this situation upon receiving the purchased product to the Company that provides the parcel service. Even if the User believes that the product has been damaged during its transport, he or she may refuse to receive it, stating the reasons why it is not received.

G) In the event that the product is stolen or lost during transport, the Company assumes the costs of theft, loss or damage to the products purchased through the aforementioned platform.

V.- LIMITS OF LIABILITY AND GUARANTEES.

A) The Company, to the maximum extent permitted by applicable Mexican law, shall not be liable for any direct, indirect, special, incidental, or consequential damages arising from the use or performance of the Internet platform; for the lack of services or provision of products and services; for the failure to update the information contained on the platform, or for the updating of the information; and/or for the total or partial alteration of any information after it has been included on the Internet platform.

B) Products offered on the Internet platform may have a warranty that is clearly stipulated on the product packaging. The product description on the platform also clearly indicates whether the product includes a warranty and what it consists of.

C) The User accepts that the products purchased through the Internet platform that have a guarantee, this will consist only of the replacement of the product, said guarantee may only cover manufacturing defects, or manufacturing defects and failures or breakdowns, in both cases without any liability for the Company for any damage caused to the User or a third party, for direct, indirect or consequential damages due to the purchase of the product.

D) The User accepts that the preceding warranty is the only one that covers the products sold through the Internet platform, it being perfectly clear to the User that there are no other written or oral, implied or express warranties, and that no other warranty will apply to the marketability of the products or their suitability for a particular use.

E) If the User experiences any problem with any product purchased on the aforementioned Internet platform, within the warranty period indicated for a specific product offered on the platform, the time will be counted from the date of receipt. The User will be asked to contact the Company by calling the Company's customer service department at +34 55 80232776. They must explain the problem with the purchased product and follow the instructions provided by the customer service department in order for the warranty to be valid.

F) If, from the review carried out on the products for which the User has submitted a claim for the application of the guarantee due to breakdown, failure or manufacturing defect, The Company finds that the aforementioned product presents any breakdown, failure or manufacturing defect, it will be replaced by a new one, and the cost of shipping will be borne by The Company, it will proceed to send a new parcel guide with which the client must return the product to The Company's address, it is necessary to note that The Company will not replace it until the defective product sent by the client is delivered.

G) The Company will have a maximum of 20 business days to review the product and send it back to the User. The Company must notify the User via email whether or not the product will be replaced and, if applicable, whether the new product will be sent. The delivery time to the User of the new product will vary depending on the aforementioned time period and the time it takes the courier company to return the product sent by the User, as well as the time it takes the courier to deliver it to the User.

H) The Company assumes no responsibility for the exchange of electronic information between Internet users and assumes no liability for technical problems that may occur in computer equipment used while connected to the Internet, whether through this website or other websites.

The Company shall not be liable for any damage or loss that may arise from the lack of availability or continuity of operation of the website's services and content. The Company does not guarantee that the service will be provided uninterrupted, timely, secure, or error-free.

The information, software, products, and services included in or available through the Company's sites, mobile applications, or services may include inaccuracies or typographical errors. Changes are periodically made to the Company's sites, mobile applications, or services, and to the information they contain. The Company and/or its respective suppliers may make improvements and/or changes to the Company's sites, mobile applications, or services at any time. Advice received through the Company's sites, mobile applications, or services should not be used as the basis for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation. The Company and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, freedom from viruses or other harmful components, and accuracy of the information, software, products, services, and related graphics contained on the Company's sites, mobile applications, or services for any purpose. Such information, software, products, services, and related graphics are provided "as is" without warranty of any kind. The Company and/or its respective suppliers hereby exclude, to the maximum extent permitted by law, all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness or suitability for a particular purpose, title and non-infringement.

If you are dissatisfied with any content on The Company's sites, mobile applications, or services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using The Company's sites, mobile applications, or services.

VI.- CONDITIONS THAT INVALIDATE THE WARRANTY.

A) When the product under warranty is returned broken to the Company, and the User has not filed any claim to the company within 72 hours of receipt.

B) When the product shows dents, violations, clear evidence of the use of improper tools (such as screwdrivers, pliers or other types of tools), that is, it has been improperly manipulated.

C) When the product has not been operated in accordance with its operating manual.

D) When the product shows wear and tear due to normal use, when the product is only covered by a warranty that covers manufacturing defects.

E) When the Company is not asked to replace said product within the warranty period for the product in question, the same period being counted from the date of delivery of the product.

VII.- CANCELLATION AND REFUND POLICIES.

The User may request cancellation of the purchase transaction when the delivered product differs from the technical and physical characteristics published for said product on the Internet platform referred to in these Terms and Conditions. The products may present incidental variations in color, size, or shape that will not affect the technical and physical characteristics published on the page.

The Company may also cancel the purchase transaction if it realizes that the products purchased differ from the published technical and physical characteristics. In all cases where the purchase transaction is canceled, the refund of the purchase price will be applicable, only if it has already been paid by the User.

Merchandise exchanges will be permitted when the User wishes to purchase a different product instead of the one originally purchased, provided that said product has not been shipped by the Company. Furthermore, the exchange may only be made for a product of equal or greater value, with the User being responsible for paying the difference.

In no case of the aforementioned is a refund appropriate, since in cases where a warranty claim by the User is appropriate, it will only result in the replacement of the product with a new one.

Any warranty claim, cancellation of sale, or refund request must be documented using the purchase confirmation or the purchase information. Any warranty claim or refund request must be made through customer service at 55 80232776.

VIII.- PROTECTION OF PERSONAL DATA.

The privacy of the personal data information that the User provides to The Company within the Internet platform www.tienda-panesa.iusa.com.mx is very important to The Company, and these are used only for carrying out purchase and sale operations, to process orders, guarantee satisfactory deliveries of products to our Users, provide better services, evaluate the quality of the products and services offered and to send advertising and promotions regarding products, in case the User has given his consent for said secondary purposes.

The User must consult the privacy notice to obtain information on the processing of personal data by the Company. The aforementioned privacy notice is published on the platform www.tienda-panesa.iusa.com.mx.

IX.- COOKIES

A cookie refers to a file that is sent to your browser and stored on your computer. When you accept this file, it is created and used to collect information about web traffic and facilitate future visits to a website. Another function of cookies is that they allow websites to recognize you individually and thus provide you with the most personalized service on their website.

When you browse our Internet Platform, certain non-personal information is collected through "cookies" and "server logs" or "web beacons." The information that the Company receives and stores is obtained through simple use and interaction with our website. The information collected is primarily technical information that may consist of Internet Protocol addresses, your operating system, browser type, information about your location (provided by mobile devices), the address of a referring website, and the path you take while on our site, among other information.

Our website uses cookies to identify the web pages visited and their frequency. You can delete cookies at any time from your browser. Most browsers automatically accept cookies, as this helps provide a better web experience. You can also change your browser settings to disable cookies. If you disable them, you may not be able to use some of our services.

X.- CONTACT METHOD.

If the User has any questions regarding the purchase and sale transactions carried out through the aforementioned Internet platform, as well as the products offered, their description, their guarantee, or any of the Terms and Conditions established in this document, the User may contact the Company through the customer service department, at telephone number 55 80232776 or via email at panesaecommerce@gmail.com.

XI.- COMPLIANCE WITH THE TERMS AND CONDITIONS.

A) Access, use or execution of any purchase and sale transaction, or the use of any of the services offered on the Internet platform, signifies the User's acceptance of these Terms and Conditions.

B) Purchase and sale transactions carried out under the Internet platform will be considered by both the Company and the User as retail transactions of goods, governed by the provisions of the Commercial Code, and failing that, by the Federal Civil Code, which is applicable in addition to the Commercial Code.

C) The Company and the User agree that these Terms and Conditions document the agreements regarding online purchases and sales to be made by the User and the Company, and both the User and the Company state that said purchases and all provisions governing them are commercial in nature. Since the Company conducts commercial activities through the platform for profit, the User will therefore be subject to the commercial statute for purchase and sale transactions carried out under the aforementioned online platform.

XII.- APPLICABLE JURISDICTION IN CASE OF DISPUTE.

In the event of a dispute arising from any purchase and sale transaction carried out on the Internet platform, or from the application or interpretation of the Terms and Conditions established in this document, both the Company and the User agree to submit to the conciliation procedure that will be followed before the Federal Consumer Protection Agency of Mexico City, and in the event that the dispute is not resolved in said instance, the Company and the User will submit to the Competent Courts and Tribunals in Mexico City, in commercial matters.