Terms and Conditions
TERMS AND CONDITIONS
This contract expresses the terms and conditions applicable to the use of the services provided by the Mexican company called SABORA MÉXICO, SA DE CV ( hereinafter referred to as “ SABORA ” ), with address located at 180 Colima Street, Col. Roma Norte , Alcaldía Cuauhtémoc, CP 06700, in Mexico City; and Federal Taxpayer Registry SME051222JZ2; particularly those services that SABORA provides through the Internet site: www.180grados.mx ( hereinafter referred to as the “PORTAL” ).
PORTAL users accept and are subject to the terms and conditions that are incorporated into this document. If the user represents an institution or organization of a private or public nature, it will be understood that the organization accepts the terms and conditions established herein.
Any person or organization that does not agree with the terms and conditions expressed here, which are mandatory and binding, will not be able to use the marketing services provided by SABORA through the PORTAL.
Every time the user is bound by the terms hereof, it is his or her responsibility to read, understand and accept the content of this document, so once the purchase of any of the products sold through the PORTAL is made, it will be understood that expressly has agreed to be bound by these terms and conditions.
SABORA : Corresponds to the company that controls, operates and administers this PORTAL; Likewise, it is the owner of the intellectual property rights that protect the source code, programs, databases, files, and some of the brands and commercial notices that appear there; and in general all those functionalities that make up the PORTAL. .
User: The natural or legal person who accesses the portal and who has fully consented to the terms and conditions included in this contract.
Service: The use of the PORTAL in order to acquire the products that appear therein, subject to availability in the warehouse, as well as the administration of your account and profile that allow you to execute the corresponding computer functionalities from any electronic device.
Product/Products: Corresponds to any of the objects that are sold through the PORTAL.
Payment Gateway: Computer systems provided by third parties for the purpose of managing transactions derived from product purchases on the PORTAL.
Intermediary Supplier: It will correspond to the third parties involved with whom SABORA has entered into agreements in order to carry out the collection of transactions and deliveries derived from purchases made by the USER on the PORTAL.
2.- CAPACITY OF USERS TO BE BOUND BY THIS CONTRACT.
SABORA assumes that the user is aware of the legal capacity with which he or she holds it. If there are users with legal or judicial incapacity, it will be understood that at the time of accepting the terms and conditions of this contract they were authorized by their legal representative, the latter being responsible for any conduct of their client.
3.- PRODUCTS MARKETED ON THE PORTAL.
The PORTAL constitutes an online store where USERS can purchase various products consisting of clothing/garments for men, footwear for men, accessories for men, clothing/garments for women, footwear for women, accessories for women, clothing/garments for children, children's footwear, children's accessories, skateboards, identified under various trademarks, among which those whose name is “180°”, “PAY'S” and other variant signs stand out.
The characteristics and specifications related to the PRODUCTS are clearly described in the corresponding sections of the PORTAL.
By making a purchase on the PORTAL, the USER acknowledges that they have consulted and accepted the characteristics and specifications described for each PRODUCT. Likewise, he acknowledges that the responsibility derived from the use or consumption of the PRODUCTS marketed on the PORTAL corresponds exclusively to him. Under no circumstances can SABORA be held responsible for the destination of the PRODUCTS sold on the PORTAL.
The PORTAL is intended to market PRODUCTS in different states of the Mexican Republic.
4.- PURCHASE OF PRODUCTS ON THE PORTAL.
Subject to the terms and conditions set forth in this document, the USER may purchase one or more PRODUCTS offered on the PORTAL, subject to the following procedure:
- The USER will enter the PORTAL;
- The USER will select the option they want, which may include the following: “MEN”, “WOMEN”, “CHILDREN”, “FOOTWEAR”, “ACCESSORIES”, and other options that may appear on the PORTAL.
- THE USER must select the product they wish to purchase on the PORTAL and select one of the following options “ADD TO CART” or “BUY NOW”.
If the USER chooses the “ADD TO CART” option, the product or products requested will be included in the shopping cart (which is accessed by selecting the icon that shows a cart -located in the upper right part of the screen- , where you can choose the quantity of product(s) preselected by the USER.
Within the shopping cart, the user will be able to view data such as: the selected product, the total cost of the purchase in relation to each selected product and the number of copies of each product that have been preselected by the USER. Likewise, and within the aforementioned shopping cart, the USER may add comments for the seller within the text box identified under the legend “SPECIAL INSTRUCTIONS FOR THE SELLER”.
Once the USER has selected the products, as well as the number of copies desired, they can select the “SELECT ORDER” option.
Now, if the USER chooses the “BUY NOW” option (omitting the “ADD TO CART” option), the window will be displayed where they can choose to process their purchase through the “PAY PAL” payment system, or through the PORTAL system, having to add personal identification data.
- If the USER selects to make their purchase through the “PAY PAL” payment system, an access window will open to the payment system platform operated by “PAY PAL”.
- If the USER chooses NOT to process their purchase through the “PAY PAL” payment system, they must - to continue with the purchase process - add their contact information, and may also choose the option “START SESSION” - in case the USER have an account within the PORTAL-.
Additionally, within the previous options, there will be the option to enter a “Discount Code”, which once it has been entered, the PORTAL will automatically calculate the subtotal of the product (without shipping cost).
- Continuing with the procedure to make the purchase, the PORTAL will reflect the contact information and address provided by the USER, opening the opportunity to modify said information. The PORTAL will reflect options for shipping, under the following modalities: (i) “Pick up in store” (does not specify arrival time), since the USER must pick up the product directly at the establishment at the address indicated in this document; and (ii) light shipping (2 to 3 business days), indicating the price next to said option. Once the previous options are confirmed, the USER must select the “Continue with payment” option.
- Once what is indicated in the preceding paragraph is completed, the PORTAL will display a form in which the USER must provide the payment information necessary to make the purchase of the PRODUCTS they wish to purchase.
- Once the form has been completed in its entirety and to complete the payment, the USER must accept the PRIVACY NOTICE and the TERMS AND CONDITIONS made available to them.
- Once the corresponding payment is confirmed, in addition to the respective notification on the PORTAL, SABORA will send the USER an email in which the particular identification characteristics of the corresponding order will be indicated. Likewise, within the email sent for the purchase, the USER You may be redirected to the PORTAL, where you can view and access the SABORA privacy notice.
- Depending on the type of delivery selected by the USER, their order will be delivered within the period referred to in the email sent once the purchase has been made by the USER. It is suggested to the USER to monitor the tracking of the purchased PRODUCTS, for which SABORA provides the USER with the option of communicating directly, or sending an email to the account designated for this purpose.
All data shared by the USER will be subject to the policy established in the PRIVACY NOTICE provided on the PORTAL, in strict compliance with the applicable legislation regarding the protection of personal data.
It is noted from this moment that the USER will be obliged to provide SABORA with any information that it requires in order to determine the certainty and legality of any of the operations carried out on the PORTAL. The USER recognizes as SABORA's right to take all measures at its disposal in order to prevent/prosecute any fraudulent conduct or conduct that constitutes crimes.
5.- PROMOTIONS AND DISCOUNTS.
Occasionally, there will be various promotions or discounts available to the USER on the PORTAL. The operations or transactions derived from said promotions or discounts will be subject to the specific terms, conditions and validity that are issued for each case on the PORTAL.
Regardless of the above, the promotions or discounts that SABORA issues on the PORTAL will be subject at all times to the following conditions:
- Whenever the promotion or discount requires it, the USER must prove to SABORA that they have the necessary codes to make the corresponding promotion or discount valid; and
- In the event that any promotion or discount covers products or services marketed by third parties other than SABORA, it will be understood that SABORA has carried out corresponding agreements with the respective legal entities.
6.- DISTRIBUTION OF PRODUCTS BY USERS.
Any USER who wishes to purchase wholesale products or become a distributor or commission agent of SABORA PRODUCTS must contact SABORA through the means of communication provided in the PORTAL or this document.
The relationship between SABORA and any of the USERS who find themselves in this case will be governed contractually, individually and specifically, issuing in each case the corresponding agreement or contract.
7.- COMMUNICATION BETWEEN THE USER AND SABORA .
All communications derived from the operations carried out on the PORTAL will be maintained between SABORA and the USER by email - in accordance with the data and options displayed within the contact tab located on the PORTAL. In the case of communications from SABORA to the user, it will use the email address that the USER registers when completing the corresponding purchase form.
For its part, communications from the user to SABORA must be made through email email@example.com.
8.- CLARIFICATIONS, RETURNS, REFUNDS, EXCHANGES, BILLING AND OTHER USER RIGHTS.
To process any clarification, return, exchange or request billing of their order, the USER must contact SABORA through the means of communication indicated in the previous section.
Any request made by these means will be attended to within a period of 72 business hours, counted from the time the USER made it.
The change of the PRODUCTS marketed on the PORTAL will only proceed when, due to an error attributable to SABORA , a PRODUCT has been delivered that does not correspond to that requested by the USER or all the PRODUCTS requested by the USER have not been delivered.
The USER will have the right at all times to consult with SABORA the status of their order or any situation related to it.
In the event that the USER decides to cancel his or her order, this situation must be communicated to SABORA no later than five days after the day in which the PRODUCT was delivered. In the event that the product has not been processed for shipping yet, SABORA will reimburse the USER for the total amount of the corresponding operation; In the event that the order has already been delivered to the customer, prior to the respective refund, SABORA will deduct from the USER the amount corresponding to the expenses incurred by SABORA in order to pay the corresponding shipping costs.
No cancellation will proceed if the USER does not prove that the PRODUCT(s) are in the same state in which they received it, keeping it(s) closed and with the original security tapes ( in if applicable ), without showing any damage or alteration.
SABORA reserves from this moment the right to pursue any fraudulent conduct displayed by the USER before the corresponding authority.
9.- MAINTENANCE OF THE PORTAL.
SABORA undertakes to make its best efforts to keep the PORTAL in service, as well as to provide regular maintenance to it, in order to provide the USER with fast, safe and simple navigation. Therefore, it will make its best efforts so that the maintenance services required by the PORTAL are carried out at times that cause the least possible impact on navigation; In the event that maintenance is scheduled, SABORA is obliged to notify USERS in advance through this means; However, in the event that maintenance must be carried out in an extraordinary manner, the USER acknowledges that SABORA will not be responsible for access interruptions generated in the PORTAL.
The USER acknowledges that SABORA will not be responsible for any damage, loss or loss caused by failures in the system, the server or the Internet connection. SABORA will also not be responsible for any virus, malware, badware, malicious code, malicious software, malicious software that could affect, damage, misconfigure, eliminate any type of information or software, among others and/or infect the USERS' equipment as a result of the access, use or examination of its website.
The USER may not attribute any responsibility or demand payment for damages resulting from technical difficulties or failures in the systems or on the Internet. SABORA cannot guarantee continued or uninterrupted access and use of the PORTAL. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the control of SABORA; In such cases, efforts will be made to restore it as quickly as possible without any type of liability being attributed to it.
10.- GENERAL OBLIGATIONS OF SABORA.
SABORA is obliged to make its best efforts to offer the USER, in general terms:
- The security of the transactions carried out through the PORTAL;
- The security and proper processing of personal data provided for the sale of the PRODUCTS offered on the PORTAL;
- Keep the USER informed of the status of their order, as well as be available at the indicated times in order to carry out any clarification;
- Directly supervise the operations carried out by INTERMEDIARY SUPPLIERS in order to ensure that the USER has a positive and safe purchasing experience.
11.- GENERAL OBLIGATIONS OF THE USER.
The USER's obligations are:
- Use the PORTAL only according to its nature;
- Omit to damage, overload, modify or any other act that prevents the normal functioning of the PORTAL;
- Comply with each and every one of the provisions established in this document, as well as the notices and instructions published on the PORTAL;
- Do not damage or inappropriately use the information provided on the PORTAL;
- Do not use the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes that are displayed or used on the PORTAL, as well as any other has copyright or industrial property rights;
- Do not reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents of the PORTAL, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
- To collaborate with SABORA in the delivery of the documentation required by it to guarantee the successful completion of the PORTAL SERVICE; and
- You must not impersonate another person.
12.- INTERMEDIARY SUPPLIERS
All transactions carried out on the PORTAL will be managed by any of the following providers (selected by the USER):
The USER must consult the indicated pages in order to have greater certainty of the operations derived from the use of the PORTAL.
The ownership of the brands shown here and the content of the links displayed corresponds to each of the companies indicated. Its reproduction in this document is only for informational purposes to provide certainty to the USER of the operations derived from the use of the PORTAL.
The PRODUCTS offered on the portal are displayed displaying their own brands. In no way can it be interpreted that the brands and content referred to above are being used illegally by SABORA, since it distinguishes its products and services with its own distinctive signs. It is insisted that any reproduction of third-party brands in this document or the PORTAL is for informational purposes only.
13.- INTELLECTUAL AND INDUSTRIAL PROPERTY.
The source code, programs, databases, files and, in general, all those functionalities that make up the PORTAL are protected by copyright (whose owner is SABORA), as well as by related legal institutions that allow cumulative protection, for Therefore, SABORA is fully empowered to request sanctions against those people who (i) make partial or total copies of the PORTAL without the corresponding authorization or license, (ii) create derivative versions of the PORTAL (iii) translate the content into another language. of the PORTAL; (iv) use the PORTAL to develop any software or other materials based on it; (v) carry out conduct sanctioned by the Federal Copyright Law and its Regulations, as well as by related national and international provisions. Any person caught engaging in conduct that violates SABORA's intellectual property rights will be sanctioned in terms of intellectual property legislation, without prejudice to any criminal or civil actions.
Likewise, unauthorized exploitation of industrial property rights that appear on the PORTAL is prohibited, such as registered trademarks or those in the process of registration, commercial notices, domain names and other legal institutions related to industrial property. SABORA has exclusive rights over some brands and logos contained in the PORTAL. Likewise, SABORA has the authorization to reproduce the brands and logos of third parties that are included in it for promotional or informational purposes.
In the event that a visitor or user considers that their intellectual or industrial property rights are being violated by the files, published or stored materials, or by any functionality of the PORTAL, they must expressly request the cessation of conduct considered to violate their intellectual or industrial property rights. The request must be sent through any of the means of communication indicated in this document. The requests in question will not be considered as reliable evidence of the alleged violation of intellectual or industrial property rights.
The information and personal data shared will be subject to the
The information and personal data made available to SABORA are included in a database and electronic information, which is used for the classification, use, safeguard and protection of personal data of natural persons linked to SABORA.
The procedure for exercising the rights of access, rectification, cancellation and opposition (ARCO rights) is established in the SABORA privacy notice.
Likewise, if you make sensitive personal data available to SABORA, you must complete the form to collect personal data available to SABORA. In case of omission of the above, the declaration of agreement in the corresponding section of the order process (referred to above) will constitute an unequivocal sign of your consent for the processing of data that have this nature.
15.- PRODUCT COSTS.
The user acknowledges that the cost of the PRODUCTS is that shown in each case on the PORTAL and that these include the corresponding Value Added Tax. Likewise, the user acknowledges that the PORTAL has allowed him to confirm the price of the products prior to finalizing the purchase. corresponding purchase.
The previous criteria will apply to the shipping cost that corresponds in each case.
16.- CHANGES TO THE TERMS AND CONDITIONS.
Any modification or update to this contract will be published on the PORTAL. These modifications or updates may be made without prior notice; Each purchase made on the PORTAL will be subject to the Terms and Conditions in force at the time of making the purchase.
17.- NULLITY AND NON-EXISTENCE.
If any provision of this Agreement is prohibited by any applicable law or is declared void or unenforceable in any jurisdiction, such provision will be deemed void to the extent prohibited or unenforceable but will not affect, modify or result in the invalidity of the Agreement. rest of the provisions of this Agreement or the enforceability thereof.
This Contract, together with the forms contained in the PORTAL, constitutes the entire agreement of the parties with respect to the matters contemplated herein and renders void any written or verbal contract entered into by the parties independently of this document.
19.- PORTAL SECURITY.
SABORA will take all measures at its disposal at all times to guarantee the security of the information shared through the PORTAL, as well as the operations or transactions carried out through it. By way of example but not limitation, it is noted that the PORTAL has the current security certificates SSL (Secure Sockets Layer) and TLS (Transport Layer Security).
20.- QUESTIONS AND COMMENTS ABOUT THIS CONTRACT.
For any questions or comments in relation to these terms and conditions, SABORA makes available to you through the PORTAL and this document, the contact information where you can clarify your doubts and present your comments, either through electronic means, or well personally.
21.- APPLICABLE LEGISLATION AND JURISDICTION.
This contract is governed by the current laws of the United Mexican States, as well as by the International Treaties that said state has signed. In this sense, any dispute related to this contract or arising from it will be submitted to the applicable laws and the competent jurisdictional authorities.
For any interpretation, compliance and execution of this contract, the parties expressly agree to submit to the jurisdiction of the competent courts of Mexico City, thus waiving any jurisdiction that, due to their domicile, present or future, may apply to them.
LAST UPDATED: JANUARY 5, 2020.