TERMS & CONDITIONS
The website www.theredsquare.net (hereinafter the “Site”) is published by the company Klein Home Solar-Heat-integration S.A. de C.V (hereinafter “Klein Home”), a public limited company, whose registered office is located at Calle Esteban de Antuñano num.1479 int. 12, Col. Luz Obrera C.P. 72110 Puebla (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 on the website www.theredsquare.com.mx, www.theredsquare. from, www.theredsquareheating.com, for direct sale and without intermediaries to the general public. All purchase operations carried out 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 called “The Terms and Conditions”, or “The Document”).
A) The domain name www.theredsquare.com.mx, www.theredsquare.de, www.theredsquareheating.com, enabled by Go daddy (for identification purposes in this document it will be called "Internet Platform", or " the Platform") is the exclusive property of the Company, which at all times reserves the right to modify, correct, add and/or improve the contents of the platform or its subpages, including the technical characteristics and physical characteristics of the products offered, as well as their price and purchase conditions established in these Terms and Conditions; the above without the need to notify the User. That is why the person who enters the Internet Platform is obliged to read and review the Terms and Conditions before making a purchase, or using any service established on the aforementioned Internet Platform.
B) Every time any person enters the Platform and makes use of it, as well as the subpages that are displayed within the Platform, (for identification purposes in this document they will be referred to as “User”) to acquire any of the products or services offered, simply accepts the Terms and Conditions established in this Document, expressing their tacit consent in terms of what is established by article 1803 of the Federal Civil Code, for which the User is requested to Please review carefully before carrying out a transaction. Any User who does not agree to simply accept the conditions established in these Terms and Conditions, or in the privacy notice contained on the Internet Platform, must refrain from carrying out any purchase operation, from providing any type of personal data or to use any of the existing services 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 you have consulted in detail before purchasing one or more products.
D) The User accepts that all the content of 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 other 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 and the information and material, as well as its disposition, belong to The Company, and all rights over them are expressly reserved, so their use without authorization is expressly prohibited. express of The Company, and their reproduction is not permitted, except with prior authorization, unless otherwise indicated.
This Internet Platform, its logos and all the material that appears on said 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 are part of the website and mobile applications, are property of The Company or third parties and are protected by international treaties and applicable laws regarding intellectual property. The copyright on the content, organization, collection, compilation, information, logos, photographs, images, programs, applications, and in general any information contained or published therein are duly protected in favor of The Company, its affiliates, suppliers and/or their respective owners, in accordance with applicable intellectual property legislation.
The user is expressly prohibited from modifying, altering or deleting, either totally or partially, the notices, brands, trade names, signs, advertisements, logos or in general any indication that refers to the ownership of the information contained on the site. indicated. All content of the website and mobile applications, including but not limited to text, graphics, photographs, logos, audio, video, brands, images, databases, domain names, as well as 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 The Company recognizes 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 the subject of intellectual property for any purpose is strictly prohibited, including its reproduction, copy, distribution, modification, alteration in whole or in part.
The user does not acquire any intellectual property rights by simply using the services and contents of the website and mobile applications, and at no time will said use be considered an authorization or license of intellectual property rights, the use is prohibited. of the same for purposes other than those contemplated in these Terms and Conditions and the respective contracts.
The user agrees that the provisions established in the preceding paragraphs, regarding the ownership of intellectual property rights, are also applicable to the rights of third parties regarding the services and contents of the web pages, brands, drawings, 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 national and international regulations on intellectual property, and any other that may be applicable.
F) The purpose of the platform and its subpages is for the general public, or, where applicable, 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 in If applicable, proceed to purchase them, or to use any of the services contained in said Internet Platform or its subpages. Any use other than the aforementioned is completely prohibited or unauthorized, so by way of example, but not limited to, that 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 the Company grants the User only the right to view and use the Internet Platform always in accordance and under the established conditions under these Terms and Conditions, the User is obligated, including but not limited to, to the following:
1.- To use the Internet Platform in accordance with the Terms and Conditions established here, using the Internet Platform, following the instructions for use found within it.
2.- To carry out purchase and sale operations, personally, or in the name and representation of the natural or legal person(s) that you have the right to represent.
3.- Be responsible for all charges, fees and taxes derived from the purchase and sale operations carried out under the Internet Platform mentioned in these Terms and Conditions.
4.- The use of the information provided through this website is the exclusive responsibility of the user. THE COMPANY is not responsible 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.- Do not allow any person, without the User's consent, to carry out purchase transactions through the Internet Platform, using payment methods that belong 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 natural or legal persons by falsely providing email addresses or physical addresses.
7.- The user must respect the Terms and Conditions established here at all times. The user expressly states that they will use the website appropriately and assume any responsibility that may arise from non-compliance with the rules, so the user is obliged to use them in a way that does not violate the rules of the legislation in force in the country. country where the user is located.
8.- Likewise, the user may not use the website to transmit, store, disclose, promote or distribute data or content that carries viruses, files or programs designed to interrupt, destroy or harm the operation of any computer program or equipment. .
The user does not have the right to place hyperlinks to the website, nor the right to place or use the services and contents of the website on their own or third-party sites or web pages without prior authorization from The Company.
You may not use the Internet Platform, sites, mobile applications or services of The Company in any way that could damage, disable, overburden or impair any site, mobile application or service of The Company, or the networks connected to any site, mobile application or service of The Company, nor interfere with the use and enjoyment by any third party of any site, mobile application or service of The Company. You may not attempt to gain unauthorized access to any The Company site, mobile application or service, or other accounts, computer systems or networks connected to any The Company site, mobile application or service, through acts of intrusion (hacking), decryption password mining or by any other means.
It is strictly prohibited to upload files that contain viruses, "Trojan horses", "worms", time bombs, cancelbots, corrupted files, or any other programs, viruses or similar software that may impair the operation of equipment or property of third parties.
You may not obtain or attempt to obtain any materials or information through any means not explicitly made available for such purpose through The Company sites, mobile applications or services. The User accepts that in the event of unauthorized use in these Terms and Conditions of either the texts or photographic material of the Internet Platform or its subpages or in violation of the restrictions, the Company reserves the right to initiate legal actions for damages against the user.
I.- QUOTE CONDITIONS OF PURCHASE, PRICE AND DISCOUNTS.
A) The products purchased and quoted by the User through the Internet Platform will be governed by these Terms and Conditions, and will be considered retail sales, being in turn subject to the applicable provisions in accordance with the laws and regulations. on tax matters in force in the United Mexican States, European Union and the United States.
B) The Company sells online through the Internet Platform, and the subpages displayed within it, the products that are described therein by text and image. The description of the products will include their technical characteristics, so the Company is obliged 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, in in case it has already been covered.
D) The User accepts that the product delivered by the Company may present small variations in its appearance, with respect to the one offered through an image on the Internet platform, and the color or other physical appearance may vary. In the event that the User receives a product whose technical characteristics described and offered on the platform do not match the product that has been delivered, and the User decides to cancel the purchase operation, the Company will accept the return of said product, refunding its price, plus the shipping costs that the Company designates to return the product, however, if said changes do not affect the technical characteristics or functionality of the product, they will not give rise to the cancellation of the purchase by of the User.
E) All prices published on the Internet Platform are expressed in pesos, dollars and euros legal tender currencies of the United Mexican States, European Union and United States of America and include the Added Value Tax (I.V.A). The User can request the Digital Tax Receipt via the Internet (“CFDI” or “electronic invoice”) through the Internet platform, and whenever they request it, they must provide their Federal Taxpayer Registry, name of the company name, electronic mail and number of purchase confirmation. Once these requirements have been met, the Internet platform will generate the corresponding files for the User. In this way, the User can request the printing of the CFDI or electronic invoice, in which case the Company will send the User the printed document along with the purchased product, via the corresponding shipping company.
F) The prices of each product offered for sale on the Platform will be easily identifiable and attributable to each product by the User, the same will occur with the promotions or discounts that can be offered on these products. The Company will be able to offer prices and offers for the sale of products on this Internet Platform that vary with respect to prices and offers on the same products on other platforms or in physical distributor stores, but which will only be applicable to purchase transactions carried out by this means and for the city or entity as indicated; Therefore, for no reason, the Company is obliged to respect the prices published within this Internet Platform for transactions carried out on other platforms or in any of the physical distributor stores or in other cities or entities indicated therein.
G) After a specific purchasing operation, the Company may vary the price of the product, increasing or decreasing it; However, this price will not be applicable to a purchase operation carried out between the Company and the User.
H) None of the prices will include the delivery cost, nor the installation costs, which must be borne entirely by the User.
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 constituted under the laws and regulations of the United Mexican States, European Union and United States of America. The Company may occasionally vary the cards from Banking Institutions or the payment methods it accepts on this Internet Platform.
The Company may review, through its Acquiring Banking Institution or by itself, the information provided to carry out the transaction online, including once the transaction is carried out electronically, with the Customer having to believe when requested that the information previously provided is correct. .
In the event that there is any variation between the information provided within this Page, the information provided to the Purchasing Banking Institution and the information collected at the time of preparing the delivery of the merchandise, the Company may suspend the delivery of the merchandise until information provided is validated in its entirety.
B) Payment can be made through bank deposits referenced to the company's bank account.
If the User chooses this form of payment, he or she can generate the order from his account on the Internet platform or the Company can guide him in the corresponding dispatch of the payment order referenced to make the payment through bank deposit . The User will have the time to establish the payment order to make the deposit. The case in which the product that the User wants to buy could occur between the fulfillment of the previously mentioned period, which would occur as soon as possible, if the User would be informed by means of the platform, resulting in a termination on the part of the Company to release the product; In the event that the User decides not to accept delivery within the period proposed by the company, the sale will be canceled and the User will be refunded the amount previously paid. For reimbursement, the User must provide a bank account number to his name, as well as the CLABE Interbancaria number of that account, clearly indicating the bank institution where the bank is located; Once the company with this data will proceed to make the said refund within a period of no more than 10 business days.
C) You can pay for products purchased on said Internet platform, by bank transfer (SPEI). If the User chooses this form of payment, he or she can generate the order from his account on the Internet platform, or the Company can guide him in the corresponding dispatch of the referenced payment order to make the payment by transfer banking (SPEI). The User will have the time to establish the payment order to make the deposit. The case in which the product that the User wants to buy could occur between the fulfillment of the previously mentioned period, which could occur as soon as possible, if the User would be informed by means of the platform, requiring a termination on the part of the Company to release the product; In the event that the User decides not to accept the delivery within the period proposed by the company, the sale will be canceled and the User will be refunded the amount previously paid; In the event that the User decides not to accept this term, the payment made by the User will be reimbursed, within the terms specified in the previous section.
D) The Company may review the information provided by the User to make the purchase online, including once the purchase operation has been carried out, the Company may request the User to believe that the information provided is correct.
E) In the event that the payment gateways used by the Company to process payments for products made by the User emit an alert regarding a payment made, or a determined credit or debit card, questioning any aspect of the payment Once the card is used, the Company may suspend delivery of the product to the User until however, it is not clear from the User with the banking institution that the credit or debit card was issued and the reason for the aforementioned warning. Through the platform's electronic mail, the Company will notify the User of any incident that occurred while processing their payment, providing them with the necessary information for them to apply for the bank. In the latter case, the Company may request the User to identify himself by sending a photograph of an official identification.
F) Products sold through the Internet Platform can be paid by the User through PayPal, to which the Platform accounts with the respective button. In this case, the User must have created his account on the payment gateway platform, prior to the moment the payment is made. Once payment for a specific product has been made through the PayPal system, the User will receive an email with the precise instructions to confirm payment for the purchase operation; If the payment is not confirmed by the User as requested in the aforementioned mail, payment for the purchase will not be processed.
III.- CONFIRMATION OF QUOTE AND/O PAYMENT.
Once the payment or purchase has been made via the aforementioned Internet platform, and the payment has been authorized by the corresponding payment method, a warning will be issued to the User, indicating that the payment was made satisfactorily, the confirmation of purchase, as well as follow-up notifications.
The aforementioned purchase confirmation will be required at the time the User makes a product exchange request, warranty claim, to process the cancellation of a purchase operation and its corresponding refund, or also a product exchange, for that said purchase confirmation must not be changed in any way.
The Company reserves the right to review the originality of the purchase confirmation and in the event that it detects that the purchase confirmation has been altered, falsified or manipulated, it reserves the right and will fall to its sole discretion to carry out the exchange, apply the guarantee , cancel the operation or make the refund.
IV.- DELIVERY METHODS.
A) For online purchase operations carried out through the Internet platform, for which payment has been satisfactorily accredited, the method of delivery of goods is through an external shipping service or direct shipping from Industrias Unidas, in which case that purchased products can only be delivered to the address expressed for this purpose there online transaction carried out through the Internet platform, you must receive the products by the User, or by the person authorized by the User himself, in both cases you must fully identify yourself as has been established in previous paragraphs, before the company's personnel. message that will carry out the delivery, which will receive the corresponding receipt.
The delivery of the product to the User's home will have a cost that must be covered by the User himself, at the time of making the payment for the purchase, this cost must be clearly marked within the online purchase that is carried out by conduct of the Internet platform referred to throughout these Terms and Conditions.
B) Delivery orders include basic maneuvers. In the case of large-scale products, the products are produced at the stage of viability and at low-plant level.
C) Merchandise deliveries will only be made within the national territory, and the maximum time for the User to receive the purchased product is 10 working 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 the inaccuracy of the direction provided by the User.
E) In the event that the product object of purchase through the aforementioned Internet platform cannot be delivered within the previously indicated time frame, proper delivery is impossible because the data provided by the User is incorrect, or insufficient, and This generates an extra cost on delivery, this cost must be assumed by the User himself, or for that reason Company, if it is demonstrated that the error in the User's direction is attributable to this.
F) The User, when receiving the merchandise object of purchase by the company that provides the shipping service, will have to check that the package of the same is currently damaged or broken, having to complain on the part of the User regarding this situation time to receive the purchased product, from the company that provides the paqueria service, even if it User estimates that the product has been deteriorated during transfer and may refuse to receive it, indicating the reasons why it was not received.
G) In the event that the product is stolen or lost during transportation, the Company assumes the costs by robot, loss or damage to the products subject to purchase through the aforementioned platform.
V.- LIMITS OF LIABILITY AND GUARANTEES.
A) The Company, to the maximum extent permitted by the applicable laws of the United Mexican States, the European Union and the United States of America, will not be liable for direct, indirect, special, incidental, or consequential damages arising from it use or run the Internet platform; due to lack of services or provision of products and services; due to the lack of updating of the information contained on the platform, or, due to the updating of the information; y/o for the total or partial alteration of any information after it has been included on the Internet platform.
B) Products offered within the Internet platform may have a guarantee that is clearly stipulated within the product packaging.
C) The User accepts that products purchased through the Internet platform that come with a guarantee will consist solely of the replacement of the product that has manufacturing defects, will fail or be negligent, without there being no one responsible for the Company for any damage that occurs. le cause the User the third, for direct, indirect, punitive damages or consequential damages caused by the product or by the use of it.
D) The User accepts that the previous guarantee is the only one that covers products sold through the Internet platform, making it perfectly clear to the User that there are no other written or oral, tacit or express guarantees, and that no one will apply another guarantee on the merchantability of products or on their suitability for a particular use.
E) In the event that the User has a problem with any product that has been purchased on the aforementioned Internet platform, within the guarantee period that a specific product is available on the platform, the time will be counted from that time. I have received it. The User will be asked to contact the company via email via the Internet platform, or via telephone to the Company's customer service area. You must explain the problem that the purchased product presents and follow the instructions that the customer service area indicates.
F) If the review is carried out of the products in respect of which the User has presented a complaint for the application of the guarantee due to lack of manufacturing defect, the Company appreciates that the said product presents some lack of composure, the manufacturing defect, this will be replaced once again, and The shipping cost will be borne by the Company.
G) The company will have a maximum period of 30 working days to carry out the review of the product and send a new account to the User, with the Company having to notify the User by email of the replacement or replacement of the product; and in your case, sending a new account. The delivery time to the User of the new product will vary depending on the previously indicated time, and the time taken by the shipping company to carry out the delivery to the User.
H) In the event that once the Company carries out the review of the product it does not fail to resolve the manufacturing defect, the cost of sending a new account to the User will be borne by the User. The User will have 30 working days after the notice given by the Company to make the collection request; If it is not achieved within the previously stipulated period, the product will be destroyed.
I) No refund will be made under any circumstances, only physical changes to the product.
J) The Company does not assume responsibility for anything arising from the exchange of electronic information between Internet users and does not acquire anyone responsible for technical problems that could be produced on computer equipment that is used during connection to the Internet, whether through this website or other websites.
The Company will not be responsible for any damage or loss that could be caused by a lack of availability or continued operation of the website's services and contents. The Company does not guarantee that the service will be provided in an uninterrupted, timely, safe or error-free manner.
The information, software, products and services included or available through websites, mobile applications or services of the Company may include inaccuracies or typographical errors. Periodically, changes are made to the Company's websites, mobile applications or services, in the information it contains. The Company and its respective providers can make improvements and changes on the Company's websites, mobile applications or services at any time. Advice received through websites, mobile applications or Company services should not be the basis for adopting personal, medical, legal or financial decisions and should be consulted with a suitable professional to obtain specific advice adapted to your situation. The Company and its respective providers do not make any representations about the suitability, reliability, availability, timeliness, absence of viruses or other harmful components, as well as the accuracy of the information, software, products, services and related graphics that are contained on websites, mobile applications or services from the Company for any fin. Information, software, products, services and related graphics are provided "as is" without warranty of any kind. The Company and its respective providers hereby exclude, to the maximum extent permitted by law, all warranties and conditions regarding this information, software, products, services and related graphics, including any implied warranties and conditions of merchantability, aptitude or suitability to obtain a specific general or particular purpose, title and absence of infraction.
If you are not satisfied with part of the content of the Company's websites, mobile applications or services or with any of these conditions of use, your sole and exclusive remedy will be to stop using the Company's websites, mobile applications or services.
VI.- CONDITIONS THAT INVALIDATE THE GUARANTEE.
A) When the product subject to warranty is returned to the Company broken, and the User has not presented anyone with a complaint to the shipping company that has carried out the same delivery, within 24 hours following its reception.
B) When the product shows blows, violations, clear tests due to the use of improper tools (such as defusers, tongs or other types of tools).
C) When the product is not operated in accordance with its operating manual.D) Cuando el producto presentara desgaste por uso normal.
D) When the Company is not complained about the replacement of the product within the warranty period, the product in question is charged.
VII.- CANCELLATION AND REFUND POLICIES.
The User may request the cancellation of the purchase operation, when the delivered product differs with the technical and physical characteristics published regarding that product on the Internet platform referred to in these Terms and Conditions.
The Company may also cancel the purchase operation when it becomes aware that the products subject to purchase differ with the technical and physical characteristics published on them. In all cases involving the cancellation of the purchase operation, the price will be refunded, only and exclusively if it was covered by the User. The exchange of merchandise will be valid, when the User wishes to acquire another product instead of the one originally purchased, whenever the product has not been sent by the Company, in addition, he can only make an exchange for a product of equal value, assuming for part of the User is paid for the difference.
In no case of those previously signaled is the return of money valid, in cases where the complaint of a warranty by the User results in validity, it will only generate the replacement of the product by a new one.
Any warranty claim, purchase cancellation or refund request must be documented using the purchase confirmation or the actual data.
VIII.- PERSONAL DATA PROTECTION.
The privacy of the information of the personal data that the User provides to the Company within the Internet platform www.iusa.mx, is very important for the Company, and these are used only to carry out purchasing operations, to process orders, guarantee satisfactory deliveries of products to our users, provide better services, evaluate it quality of the products and services offered and to send advertising and promotions regarding products, in case the User has given his consent for such secondary purposes
The User must consult the privacy notice to obtain information on the processing of personal data carried out by the company, this privacy notice is published within the platforms www.theredsquare.com.mx, www.theredsquare.de, www.theredsquareheating.com,
IX.- COOKIES
A cookie refers to a file that is sent with the purpose of registering in your browser and storing it on your computer, to accept which file is created and the cookie then serves to obtain information regarding web traffic and facilitate future visits to a web recurrent. Another function that has cookies is that with them the web can recognize you individually and therefore provide you with the best personalized service on your web.
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 Internet site and the information that is collected is mainly 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 reference website and the route you follow during the time you spend on our site, among others.
Our website uses cookies to identify the web pages that are visited and their frequency. You can delete cookies at any time from your browser, most browsers automatically accept cookies as it serves to have a better web service. You can also change your browser settings to disable cookies. If they are disabled, you may not be able to use some of our services.
X.- CONTACT METHOD.
Any questions that the User may have regarding the purchase and sale operations 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 the telephone number +52 2222848494 or via email at info@theredsquare.net
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, means the User's compliance with 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 merchandise transactions, governed by the provisions of the Commercial Code, and in its absence by the Federal Civil Code, which is applicable as a supplement to the Commercial Code.
C) The company and the User agree that these Terms and Conditions document the agreements regarding Internet purchases and sales that will be carried out by the User and the Company, and both the User and the Company indicate that said purchases and all the provisions that regulate them are of a commercial nature. Since the Company carries out commercial activities through the platform, for profit, the User will be subject to the commercial statute for the purchase and sale operations carried out under the aforementioned Internet 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, as well as the corresponding courts in the European Union and in the United States of America.