Terms & Conditions
GENERAL TERMS AND CONDITIONS
The purpose of the website www.cocaybranding.com is to commercialize works of art through the portal, the exclusive property of COCAY MARCAS CON SENTIDO, S.A. DE C.V., domiciled at Guadalupe Victoria 110 Super Manzana 64, Manzana 57, Lote 18, Donceles, C.P. 77524, México, Cancún, Quintana Roo, (hereinafter the “Portal”), under the terms and conditions set forth herein, therefore we strongly request that before using the Portal, you carefully read these Terms and Conditions, since by entering the Portal you confirm your knowledge and understanding of them.
In that sense, through these Terms and Conditions, the use of the Portal is regulated, which makes available to its users a digital environment in which works of art are concentrated and offered with the possibility of purchase; due to the content and purpose of the Portal, the persons who wish to benefit from the services must open an account (hereinafter the “User” or the “Users” in plural), which is done by filling out the registration requirements and following the steps that will be subsequently communicated to them by e-mail for such purposes, for which the persons who open their account assume the acceptance of these Terms and Conditions of Use.
Once the account is opened, the Portal User will be solely responsible for maintaining the password provided and proposed by him/her, and therefore the User acquires responsibility for all activities that occur under his/her password or account (hereinafter the “Account”).
In the event of an improper or unauthorized use of the Account, the Users shall notify COCAY MARCAS CON SENTIDO, S.A. DE C.V. (hereinafter “Cocay”), who shall not be liable in any way or under any circumstances, directly or indirectly, for any damage, improper act, any damage or loss of any kind that occurs due to such improper or unauthorized use.
Cocay, reserves the right to create, add, modify, or terminate in whole or in part these Terms and Conditions at any time, and these modifications will have full value and will be effective when published on the Portal, in order to continue purchasing or using the services of the Portal, users must accept the new Terms and Conditions.
Users of the Portal must be over 18 years of age, or have the supervision and consent of their parent or guardian, or whoever holds parental authority, custody and guardianship. Cocay reserves the right to admit or cancel the Accounts that it deems necessary for security reasons or when there is any law, regulation or authority order that allows or requests it.
Users of the Portal are obliged not to infringe intellectual property rights, trademarks, patents and copyrights on the works of art that are marketed on the Portal.
PURCHASING PROCESS
Users may order the works of art offered on the Portal directly and independently, or they may do so through the Portal according to the instructions detailed therein, but in case of doing so through the Portal, they are subject to the provisions described in these Terms and Conditions.
By clicking on the Buy icon during the order process, and once the content of the order has been verified or, if applicable, after the order has been modified, the User declares to accept fully and without reservation the entirety of the Terms of Use of these Terms and Conditions.
Users may make payment through Pay Pal or Mercado Pago. Any order that has not been paid in full will be denied.
Cocay will confirm all purchase orders by e-mail to each User, and it is possible that the order may be delivered after the estimated delivery date and Cocay cannot be held responsible for the delay in delivery or cancellation of the order in case the User fails to comply with these Terms and Conditions.
RESPONSIBILITY
For cases in which a purchase order is not processed due to circumstances beyond Cocay’s control, such as in the case of acts of God or force majeure, Cocay’s sole responsibility shall be to inform the User, within a reasonable period of time, the reason why it was not possible to process certain order or orders, refunding any amount charged, with the clarification that from the refund process may arise the need to collect new information from the Users, in order to complete the refund process.
Also when dealing with works of art, it may happen that many Users intend to purchase the same work at the same time, and that in the end the product may not be available for some Users, even when it appears available on the Portal, in such cases, Cocay is excluded from any liability arising from such lack of existence, and shall only inform the User of the situation or the initiation of any refund process that may arise.
For the cases contemplated in this chapter, or other circumstances, which may result in a refund, and provided that the User’s consent is given first, the refund may also be made through an electronic coupon for the total amount to be refunded, with which the subscriber may purchase products without restriction of category or minimum purchase, up to the amount covered by the coupon, which shall be valid for 6 months.
SHIPPING AND DELIVERY
All delivery times announced in the Portal start to run after the confirmation of the availability of the ordered works of art, and are counted in working days. Said times are also conditioned to the validation of the work by the delivery and transportation companies hired by Cocay to carry out the shipment of the works of art.
The User declares under oath that the resources through which he/she makes the payment of the Works of Art have been acquired with resources coming from licit activities.
DATA PROTECTION
The data provided by the customer are protected according to our Privacy Notice, published in the Portal.
APPLICABLE JURISDICTION
These Terms and Conditions are governed and interpreted in accordance with the laws of Mexico, applicable in the territory of the Mexican Republic. Any controversy related to the interpetation of these Terms and Conditions are submitted solely and exclusively to the Jurisdiction and Jurisdiction of the Federal Courts of the City of Cancun, Quintana Roo.