Terms and conditions

MODULE ONE

  1. ECART STORE
  2. ADDRESS
  3. PRIVACY POLICY
  4. ACCOUNT TERMS
  5. ELECTRONIC COMMUNICATION 

MODULE TWO

  1. PRICES
  2. PAYMENT
  3. SHIPPING AND HANDLING
  4. MERCHANDISE DAMAGE
  5. RETURN OF PRODUCTS BY YOU
  6. EASY REPLACEMENT 
  7. CHANGES AND CANCELLATION
  8. CANCELATTIONS OF ORDER BY ECART

MODULE THREE

  1. LICENSE AND WEBSITE ACCESS
  2. NO LICENSE FOR COMMERCIAL SALE
  3. NO REPRODUCTION
  4. NO FRAMING
  5. METATAGS
  6. YOUR ACCOUNT
  7. GIFT VOUCHER/WALLET/PREPAID CREDIT 
  8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
  9. RIGHTS GRANTED
  10. RIGH OWNED
  11. RISK OF LOSS
  12. PRODUCT DESCRIPTION
  13. SITE POLICIES, MODIFICATION, AND SEVERABILITY
  14. INTELLECTUAL PROPERTY RIGHTS
  15. INTELLECTUAL PROPERTY INFRINGEMENT
  16. TRADEMARKS
  17. CONFIDENTIALITY

MODULE FOUR

  1. CANCELLATION AND TERMINATION
  2. GOVERNING LAW AND JURISDICTION
  3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

MODULE ONE

Ecart store

Welcome to Ecart. by signing up for an Ecart account or by using any ecart services, you are agreeing to be bound by the following terms and conditions. You must agree and accept all of the terms and conditions contained or expressly referenced in these terms and conditions, including ecart´s acceptable privacy policy before you may sign up for a ecart account or use any ecart services. 

Please read the term and conditions carefully. While using any current or future services offered by Ecart or any of its affiliates, you will abide by these Terms & conditions the guidelines and conditions applicable to such service or business. If you have any question about the terms and conditions, please write an email to [email protected]

Address:

Ecart Technologies S.A. de C.V. 

Belisario Domínguez #2470, 3rd floor, Obispado, Monterrey, Nuevo León, México, PC: 64060.Ecart 

The services offered by ecart under the terms and conditions include various products and services to help you sell goods and services to buyers online. Any such services offered by ecart are referred to in these terms of services as ¨the services¨. Any new features or tools which are added to the current services shall be also subject to the terms of service. Ecart reserves the right to update and change the terms and conditions by posting updates and changes to the ecart website. You are advised to check the terms of services from time to time for any updates or changes to may impact you, and if you do not accept such amendments, you must cease using the platform. 

Privacy Policy:

Please review our Privacy Policy, which also governs your visit to Ecart, to fully understand our practices.

Account terms:

  1. To access and use the services, you must register for a ecart account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Ecart may reject your application for an account or cancel an existing account for any reason in our sole discretion.
  2. Your must be the older of: 1) 18 years, or; 2) at least the age of majority in the jurisdiction where you reside and from wich you use the services to open an account.
  3. You confirm that you are receiving any services provided by ecart for the purposes of carrying on a business activity and not for any personal, household or family purpose.
  4. You acknowledge that ecart will use the email address you privde on opening an account or ad update by you from time to time as the primary method for communication with you.
  5. You are responsible for keeping your password secure. Ecart cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  6. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account. 
  7. A breach or violation of any term in the terms and conditions, as determined in the sole discretion of ecart may result in an immediate termination of your services.

WICH MEANS 

You are responsible for your account and any materials you upload to the ecart services. Remember that if you violate these terms we may cancel your services.

If we need to reach you, we weill send you an email.

Terms and conditions are binding for all purchases:

All orders are deemed offers for you to purchase our products. We may accept your offer by issuing a confirmatory e-mail and/or mobile confirmation of the products specified in your order. Our acceptance of each such offer is expressly subject to and conditioned on your assent to these terms and conditions of sale. No other terms and conditions will apply.

 

MODULE TWO

Electronic Communication:

When you visit Ecart or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Prices:
All prices posted on this website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the website.

Payment:
All payments must be received by us prior to shipping unless the order is placed by using Cash on delivery (COD) payment mode. We accept payment by credit card, debit card, cash card, mobile payments. 


Shipping and Handling:

We will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Title and risk of loss and damages pass on to you upon the products delivery to you. In case reverse shipment cannot be arranged by us due to unavailability of our logistics partners, then in that case you may be requested to send such products through any available courier services.


MERCHANDISE DAMAGE

 

THE CUSTOMER recognizes that ECART is a digital platform with offer the publicity of merchandise from sellers in the hold republic, in that case, ECART is neither the owner or responsible for the merchandise and the transportation of the merchandise. 

ECART establish this procedure in case of a refund for merchandise damage requested by THE CUSTOMER, such as imperfections, damages, not complete merchandise to the original product. 

 

ECART recommend the following:

  1. In the event that the selected parcel wishes to deliver the product or merchandise and the packaging is found to be damaged, do not accept or receive the product for any reason.
  2. If THE CUSTOMER received the product or merchandise and the packaging is in poor condition, the following will be required:
  3. a) Photographs: Of the outer packaging, of the product packaged at all angles.

The above to be able to request the corresponding report with the parcel selected for the reimbursement payment.

Procedure 

  1. The client will notify ECART about a product in poor condition, sending the guide number, photos of the packaging in poor condition and, in the case, of the damage product.
  2. ECART will make a report to the parcel requesting reimbursement for damage to the customer's product or merchandise.
  3. The parcel will collect the product at the destination requested by the customer, where the customer must deliver the damaged packaging and all the product that was purchased through the ECART platform.
  4. 72 (seventy-two hours) after the collection of the product damaged by the parcel, ECART will pay THE CUSTOMER the value of the product without considering the payment of shipping the purchased product.

 

Return of Products by you:

We will accept the return of the products, provided such return is for products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the condition that we are informed about such discrepancies within 72 hours from the date of receipt of the product and provided that the products are returned in their original condition.

Easy replacement:

Ecart offers easy replacement for all products sold on Ecart, under certain conditions which are mentioned below. Customers will notify us of any damage or defect within 72 hours from the date of receipt of delivery of the products, in case customer fails to inform Ecart within the stipulated time frame, Ecart reserves the right to accept or reject such request at its discretion. Ecart will replace the defective product with a brand-new product at no extra cost.

Ecart will try to replace the specific product ordered. However, the company reserves the right to offer an alternate product in case the product is out of stock/ production.

The replacement guarantee is valid only in cases of manufacturing defects and transport damages and is invalid in cases of damages due to normal wear & tear and negligence on part of the customer. 

Changes and Cancellation:

Any item additions, quantity changes or specification changes made to accepted orders will be modified in the order details. All sales are final, provided, however, item cancellations and quantity reductions may be made before the order is shipped. We may, without liability, cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with the payment mode selected by you.

Cancellation of Order by Ecart:

MODULE THREE

Ecart reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price or for any other reason. This shall be regardless of whether the order has been confirmed and/or payment been received. The 100% payment shall be refunded and the User shall be informed of the same.

Refund:
If any orders are cancelled by you after procurement, but before being shipped by Ecart, then Ecart will charge restocking fee applicable as per the product category. All orders will attract a restocking fee of 10% of the order value. Refund will be made after deducting such restocking fee as applicable within 7-10 working days.

License and Website Access:

General: Ecart grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ecart.

No license for commercial sale: 

This license does not include any resale or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.

No reproduction: 

This website or any portion of this website may not be reproduced, duplicated, copies, sold, visited, or otherwise exploited for any commercial purpose without express written consent of ecart.com.

No framing: 

You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information ( including images, text, page layout, or form) of Ecart and its affiliates without the express written consent.

Metatags: 

You may not use any metatags or any other ‘hidden text’ utilizing Ecart’s name or trademarks without the express written consent of Ecart. Any unauthorized use terminates the permission or license granted by Ecart.

Your Account:

Protection of Your Account: As discussed further in the website’s privacy policy, by using this website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account or password.

Use by Children: As discussed further in the website Privacy Policy, Ecart does sell products for children, but it sells them to adults. If you are under age of 18 years, you may use Ecart only with involvement of a parent or guardian. Ecart and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Gift Voucher/Wallet/Prepaid Credit (the “Credit”):

The Credit cannot be exchanged for cash or cheque. The holder of the Credit is deemed to be the beneficiary. The full amount of Credit can be applied to only one account on Ecart. Credit cannot be used with other promotional offers on Ecart. The Credit can be redeemed on Ecart. Gift Voucher hard copies shall be mailed to the Customer. Gift Voucher Valid for 6 months from the date of purchase. On request from Customer, Gift Vouchers can be emailed either to the registered email ID of Customer or any other email ID designated by Customer, once the Order has been processed.

Reviews, Comments, Communications, and other content:

Nature of content: Visitors to Ecart may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights to otherwise injuries to third party or objectionable and does not consist of or contains software virus, political campaigning, commercial solicitation, mass mailing or any form of spam.

False information: You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ecart reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted contents.

Rights Granted: 

If you do post content or submit material and unless we indicate otherwise, you grant Ecart and its affiliates a non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such content throughout the world in any media. You grant Ecart and its affiliate sites and sub-license the right to use the name that you submit in connection with such content if Ecart chooses.

Right Owned: 

You represent and warrant that you own all the rights or otherwise or control all of the rights to the content that you post; that the content is accurate; that the use of the content to supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Ecart or its affiliate for all claims resulting from the content you supply. Ecart has the right but not the obligation to monitor and edit or remove any activity or content. Ecart takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss:

All items purchased from Ecart are made pursuant to the shipment contract. This means that the risk of loss and title for such item passes on to you upon the products delivery.

Product Description:

Ecart and its affiliates attempt to be as accurate as possible. However, Ecart makes not warranties that the product description and any other content of its site are accurate, complete, reliable, current or error free. If the product offered by Ecart itself is not as described, thesole remedy is to return in its unused condition.

Site Policies, Modification, and Severability: 

Please review our other policies. We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions.

Intellectual Property Rights:

Copyright Protection All content included on this site, such as text, graphics, logos, button icons, audio clips, digital downloads, data compilations and software, is the property of Ecart or its affiliate sites and protected by the US Copyright law. The compilation of all the content on this site is the exclusive property if Ecart and protected by US Copyright law. All software used in this site is the property of Ecart and is protected under the US Copyright law.

Intellectual Property Infringement:

If you believe that your intellectual property rights have been infringed, please send an e-mail to xxxxxxx. In this way you can report all types of intellectual property claims including, but not limited to, copyright and trademark claims.

Trademarks:

  1. Protected Marks: Seller.ecart.com & Ecart books, products, and other marks indicated on Ecart website are registered trademarks of Ecart.
  2. Protected Graphics: All Ecart graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of EcartEcart’s trademarks and trade dress may not be used in connections with any product or service that is not of Ecart. All other trademarks not owned by Ecart or its affiliates that appear on Ecart or its affiliate sites are the property of their respective owners, who may or may not be affiliated with, connected to, associated with Ecart or its affiliates.

Confidentiality:

  1. Confidential information: shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Ecart´s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

MODULE FOUR

CANCELLATION AND TERMINATION:

  1. You may cancel your Account and terminate the Terms and conditions at any time by contacting Ecart support and then following the specific instructions indicated to you in Ecart response.
  2. Upon termination of the Services by either party for any reason:
    1. Ecart will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to Ecart for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your Store website will be taken offline.
  3. If you purchased a domain name through Ecart, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
  4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  5. We reserve the right to modify or terminate the Ecart Service, the Terms and conditions and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
  6. Fraud: Without limiting any other remedies, Ecart may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

Governing Law and Jurisdiction:

These terms and conditions will be construed only in accordance with the laws of Mexico. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Delaware shall have jurisdiction, to the exclusion of all other courts.

Disclaimer of warranties and Limitation of Liability:

THIS SITE IS PROVIDED BY Ecart ON AN “AS IS” AND “AS AVAILABLE” BASIS. Ecart MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Ecart DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ecart DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM Ecart ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. Ecart WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.