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TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE FOR THE WEBSITE www.ellaz.com

The Terms and Conditions of Use presented below (the “Terms”) constitute the entire agreement between Shop Ellaz, S.A.P.I. de C.V., its affiliates and/or subsidiaries and/or related parties (“ELLAZ”), with domicile at Av Paseo de los Leones 1305, Cumbres 1º Sector, 64610 Monterrey, N.L.; electronic address: www.ellaz.com , and contact email contact@ellaz.mx ; and any individual and/or legal entity accessing it. The use of the Website by any person grants them the status of user and/or client (the “User and/or Client”) and implies their full and unconditional adherence to these Terms.

1. PURPOSE

ELLAZ makes the Website available to the Client as an e-commerce tool aimed at women, so that they can access products provided by third parties (“Commercial Partners”) in one place (the “Services”), offering a catalog of beauty products for direct purchase (the “Products”). All information is provided by ELLAZ or by persons directly or indirectly related to said information (the “Content”). The User acknowledges that the use of the Website does not confer any ownership right over it, or any of its elements or Content, as it is a sponsored site, managed through a third party, or hosted by a third party. ELLAZ reserves the right to modify, totally or partially, at any time and without prior notice, the presentation, configuration, information, Content and, in general, any part or aspect directly or indirectly related to the Website.

The Client acknowledges that the descriptions of the Products contained on the Website are illustrative and will have the common, basic, and simple scope and specifications regularly offered by the market, unless such scope and specifications are specified on the Website. Likewise, the Client acknowledges that the information contained and/or published through the Website is merely informative about the Products offered by ELLAZ. ELLAZ guarantees that the Products published on the Website have been evaluated based on suitability, functionality, design, and quality; however, it does not guarantee the total effective solution of all the Client's needs. 

ELLAZ guarantees that the Website functions as a data processing tool that allows the User, according to their profile, to select one or more Products published for acquisition, as well as to view different articles or essays published on the Website's blog. 

The Services are provided in the form of Software as a Service (“SaaS”), meaning Software as a service, which implies that the User receives the services in the cloud (cloud means processing and storage space for data and applications on physical servers located in a Data Center), through the use of certain payment engines, as chosen by the User when registering on the Website. 

2. WEBSITE USE LICENSE

Subject to compliance with these Terms, as well as payment of the applicable price, ELLAZ hereby authorizes and grants the Client the use and enjoyment of 1 (one) Website use license for personal use, under the “as is” modality, temporary, limited, non-exclusive, revocable, non-marketable, and non-sublicensable; for access and use for non-commercial personal purposes. The Client acknowledges and accepts that this license does not include or grant:

  1. any right of resale or commercial use of any of ELLAZ's Products or its Content; 

  2. any right to compile or use any list of Products, descriptions, or prices;

  3. any right to make any derivative use of ELLAZ's Products or its Content; 

  4. any right to download or copy any account information for personal benefit, or the use of data mining and extraction tools or similar;

  5. any right to place or use placement techniques to introduce any trademark, logo, or other copyrighted information (including images, text, page layout, or formats) of ELLAZ, without the corresponding prior written consent;

  6. any right to reproduce, duplicate, copy, sell, resell, or exploit in any way the Products, or any part thereof, for commercial purposes, unless prior written authorization from ELLAZ has been obtained; 

  7. any right to use meta tags, or other "hidden text", that uses ELLAZ's names or brands, without the prior written consent of ELLAZ. 

ELLAZ and its licensors, suppliers, publishers, rights holders, or other Content providers, reserve any rights not expressly included in these Terms. Any breach by the Client of these terms will result in the immediate termination of the license granted by ELLAZ.

Hosting. ELLAZ will host the Licenses in the cloud of its choice. Hosting has adequate availability. Notwithstanding the foregoing, ELLAZ will not be responsible for any downtime, total or partial unavailability, or total or partial loss of data.

Access and presence on the Website. The Client is solely responsible to ELLAZ, and to any third party, regarding their conduct when accessing, consulting, and providing information on the Website and for the consequences that may arise from a use, for illicit purposes or effects contrary to the purpose of the Website, its content, whether or not prepared by ELLAZ, whether or not published under its name officially; as well as those consequences that may arise from use contrary to the content of these Terms that is harmful to the interests or rights of third parties, or that in any way may damage, disable, or deteriorate the Website and prevent the normal enjoyment of other users.

3. E-COMMERCE TERMS OF USE

Personal Account. To exercise their right to acquire the Products listed in a shopping cart (the “Shopping Cart”), the Client must create a personal access account by filling out forms provided for this purpose on the Website, in which a valid payment method associated with their account will be available. The processing of personal data entered by the Client will be in accordance with the Privacy Notice contained on the Website.

To access the Products, it is necessary to be of legal age and provide the required information, so it is the Client's responsibility to keep the information updated and available. The Client is responsible for all activity that occurs under their account, and undertakes to maintain the security and secrecy of their username and password at all times, as such data are confidential. Therefore, the Client assumes full responsibility for any activities carried out from their account or using their password. ELLAZ Products may be acquired for use by minors, provided they are requested by a person of legal age and with legal and economic capacity to assume the obligations and responsibilities that such act generates.

Access and use of the Website shall be in accordance with the law, morality, and good customs, as well as in accordance with these Terms and shall be used for lawful purposes, respecting the rights of third parties. ELLAZ reserves the right to close accounts, remove or edit Content, or cancel orders in case of violation of these Terms, third-party rights, or in case of commission of a crime or any conduct that damages the reputation of ELLAZ or the experience of the community of other clients.

Accuracy of data. The Client acknowledges that ELLAZ will not conduct any investigation to validate the accuracy and veracity of the data provided by the Client, so in the event that they present omissions, inaccuracies, or errors, they release ELLAZ from any liability regarding any damage or harm that such acts may cause them.

Inaccuracies on the Website. The Content and/or the Website may contain inaccuracies and/or typographical errors. ELLAZ does not guarantee the accuracy of the Content and reserves the right, at its sole discretion, to correct any error or omission in any part of the Website and to make any changes to the features, functionality, or Content at any time. ELLAZ, as well as any related and/or affiliated person, including, without limitation, directors, attorneys-in-fact, representatives, administrators, employees, shareholders, and/or agents, present or past, or allies, shall not be liable for errors or omissions in the Content.

Newsletter. By choosing to register their personal email, the Client may receive, periodically and free of charge, the ELLAZ Newsletter, with information regarding offers, new Product launches, and related information. This Newsletter may be provided by ELLAZ, or by persons directly or indirectly linked to it. The Client will have the faculty to cancel, at any time, their registration to the Newsletter by communicating to the Email address. The cancellation will take effect within a period not exceeding 72 (seventy-two) hours, from the date of receipt of the cancellation request, by deleting the Client's email data from the ELLAZ database. 

Product. All Products published on the Website are exclusively intended to provide a beauty and use option for women. ELLAZ reserves the right to launch new products, without any restriction on periodicity, quantity, ingredients, uses, and characteristics thereof. Likewise, ELLAZ reserves the right to withdraw, replace, or change Products by simply changing the content of the Website. Additionally, ELLAZ has the power to stop offering, without prior notice and at any time, access to the published Products. In the event that a Product is on sale, ELLAZ will clearly indicate it, detailing the validity period of the offer.

Product Description. All information about the Products, through the Website, is provided for informational purposes. It is the sole responsibility of the Client to read and understand the Product labels and instructions for use, and, where applicable, to take the necessary precautions. ELLAZ does not guarantee that the descriptions or their content are free of errors. If the Client believes that a Product does not comply with its description, the only recourse available is to return it, provided it is returned unused and in accordance with the Refund Policy contained on the Website.

Product Availability. ELLAZ Products are only available in the store and its branches, located in the Mexican Republic, and on the Website. Being of synthetic origin, availability depends directly on production factors that are beyond ELLAZ's control. Notwithstanding the foregoing, ELLAZ expresses its commitment to maintain, as far as possible, a production adequate to the demand for the Products, which allows satisfying the Client's needs, without compromising the committed quality of the Product.

Product Order. To place an Order, the Client will select the Product(s) they wish to purchase and click the "ADD TO SHOPPING CART" button for the item to be added to the Shopping Cart. At any time, the Client can get a summary of the Products they have selected, or modify it by going to the Shopping Cart window located at the top right of the Website, or finalize their selection of Products and place an order by clicking the "BUY" button. The Client will have a summary of their Order, including type, quantities, Product price, shipping costs according to the shipping policy published on the Website, total order price, gift option, as well as the data registered in their Account and the delivery and billing address of the Products. When the Client confirms their Order in the Shopping Cart, an automatic electronic message of Order receipt will be generated. Once ELLAZ approves the Order, an electronic message confirming its acceptance and collection of the total amount of the Order will be sent, becoming a placed order (the “Order”). In the event that, for any reason, during the processing of the Order, the Product(s) ordered by the Client are not available, no charge will be made for the non-existent ones, for which ELLAZ will generate an electronic message to the Client notifying them of this, providing the option to receive another product with similar characteristics to the one originally requested. 

The data registered on the Website constitutes the maximum proof of all transactions carried out between ELLAZ and the Client. In case of any conflict between ELLAZ and the Client, in relation to any Order and Purchase made on the Website, the data registered by ELLAZ will be considered irrefutable proof of the content of said transaction. Since ELLAZ does not make wholesale sales, all sales will be made under the policy of the typical needs of an average household. In the event that the Client requests an order for multiple units of the same product, or multiple orders for the same Product, ELLAZ reserves the right to reduce the number of Products requested, with the Client having the option to clarify doubts via Email. By placing any order from the Website, the Client agrees not to resell any of the Products. The resale of ELLAZ Products is a tacit violation of the terms established herein.

Price. Unless otherwise indicated, the list price or suggested retail price appearing on each Product represents the retail price. Unless otherwise indicated, all prices published on the Website are expressed in Mexican pesos and include Value Added Tax (“IVA”). ELLAZ reserves the right to modify the price at any time and without prior notice, without this meaning an alteration in the Price included in an already placed Order. Prices and promotions made in the physical store will not apply on the Website, unless otherwise indicated, and vice versa. In the event that, by error, the Price published on the Website is incorrect, the Client will be notified as soon as possible, and will be given the option to proceed with the Purchase or change the Product for one with similar characteristics and price to the one originally requested. Shipping costs, calculated on the Product(s) contained therein, will be added to the total amount of the Order.

Payment Methods. The Client undertakes to pay for the Products included in their Order in Mexican pesos. 

ELLAZ offers the Client the following payment methods:

  1. By credit or debit card, either Visa, Mastercard or American Express, through PayPal's server and by filling out the form provided for this purpose on the Site. PayPal is operated by a third party unrelated to ELLAZ, so ELLAZ is not responsible for errors, failures, extra charges or others generated in PayPal. Openpay is used as a payment gateway.

  2. By bank deposit or transfer to the account indicated by ELLAZ for these purposes.

  3. By cash deposit to the bank card designated by ELLAZ for this purpose, in convenience stores such as Oxxo or Seven Eleven, through the website www.conekta.com, which is owned by a third party unrelated to ELLAZ ("Conekta Portal"), so ELLAZ is not responsible for errors, failures, extra charges or others generated in the Conekta Portal.

Payments made during the weekend or non-business day will be credited on the next business day. Payments made by bank deposit or transfer, or through the Conekta Portal, must be made within a period not exceeding 2 (two) calendar days, counted from the date of the Order. To confirm payment by bank deposit or transfer, or through the Conekta Portal, the Client is obliged to send proof thereof to ELLAZ's email address. If payment of the Order is not reflected within said period, ELLAZ will proceed to cancel said Order, without any liability on its part. On the other hand, the Client declares and guarantees herein that the economic resources that will be invested for the payment of each and every one of the obligations conferred in this document come from lawful sources and/or activities. Openpay is used as a payment gateway.

Any operating charges or rates established by the services offered through third-party servers or portals are fully regulated by the terms and conditions provided by said third parties or by applicable laws, for which the Client hereby releases ELLAZ from any responsibility regarding the form, time, and amount in which the charges are made, even if said charge is considered excessive, undue, or violates any right of the Client. In this way, the Client undertakes to keep ELLAZ harmless at all times from any legal process that may be initiated due to the use of third-party servers or portals. Any change in the Client's payment method must be made online. Said change may generate a temporary interruption of the Order while the verification of the new information provided is carried out.

The Client acknowledges and accepts that ELLAZ may use the collection services of third parties, for the purpose of collecting any outstanding debt for the Products, for which the Client undertakes to cooperate in good faith for the full settlement of the debts.

Invoicing. In case the Client requires a tax receipt, they must request it in writing to the Email Address for it to be generated. It is an essential condition for the issuance of said receipt that the Client reliably proves the payment of the Products in question. The Client accepts that ELLAZ may contact them periodically, via email to the email address associated with their registration account, with billing notices and other communications related to the Products, whether for promotion, improvement, changes, etc.

Territory. The delivery territory for the Products is exclusively within the United Mexican States.

Order Shipment. Shipping costs are calculated and added to your Order in the final total to be paid for your Order. ELLAZ will send the Client's Order under the parcel service contracted with a third party. Delivery times will be 10 (ten) business days from the payment of the respective Product. Any variation will be notified to the Client's email address. In case the Client does not receive their Order within the aforementioned time, they must notify the Email Address. ELLAZ does not have a guaranteed delivery time. Delivery times are estimated and will depend on the distance traveled by the package, climatic factors, natural disasters, public events that prevent the free passage of the parcel unit, the Client's availability at the time of delivery, and that the delivery data has been provided completely and correctly, as well as fortuitous events or force majeure.

Standard free shipping offers will only be available for sales equal to or greater than $999.00 M.N. (nine hundred ninety-nine Mexican pesos 00/100 national currency). Notwithstanding the foregoing, ELLAZ reserves the right to modify or cancel free shipping at any time and without prior notice. In the event that there is no one to receive the Client's Order at the address authorized by the Client, the Client must directly contact the parcel service provider for its receipt or subsequent collection at the branch indicated by the provider, releasing ELLAZ from all responsibility for any damage or anomaly that the Products of the Order may present.

Order Receipt. Upon receipt of the Order by the Client, the Client must verify that the products comply with the Order. Any anomaly presented in the Products must be notified to the Customer Service Department by sending an email to the Email Address, detailing the assigned Order number, the defect, damage, or error of the Product delivered, along with clear photographs evidencing the Client's claim. For this purpose, the Client shall abide by the provisions of ELLAZ's Refund Policy published on the Site.

4. APPLICABILITY OF DISCOUNT CODES

  1. Each customer may only apply one (1) discount code per order at Ellaz.com.
  2. Discount codes cannot be combined with other promotions, automatic discounts, or additional codes.
  3. Applied discounts are non-transferable, cannot be exchanged for cash, and are subject to the specific terms of each promotion, including but not limited to expiration dates and product restrictions.

Limitations and Validity:

  1. Ellaz.com reserves the right to cancel any order in case of improper or unauthorized use of discount codes.
  2. Discount codes must be applied at checkout and cannot be applied retroactively to previous purchases.

5. CONTENTS

Proper Use of Content. The Client agrees to:

  1. use the Site and its Contents in accordance with applicable laws and public order, refraining from any act that undermines, deteriorates, disables, or damages the image and/or information disclosed by ELLAZ or in any way harms the rights or interests of third parties, directly or indirectly linked to it;

  2. not copy, disseminate, modify, reproduce, distribute, or use in any way, with or without profit, the contents and elements used on the Site, unless express written authorization from ELLAZ is obtained;

  3. not modify or manipulate the trademarks, logos, trade notices, trade names, and distinctive signs in general of ELLAZ, the Site, or persons linked to ELLAZ (unless with their written authorization);

  4. delete, circumvent, or modify the Contents and elements used on the Site, as well as technical protection devices, or any mechanism or procedure established on the Site.

Excluded from the above points is any information generated through the Site for the Client's use and management, which may be printed and/or copied for their own convenience. In the event that the Client is a legal entity, they shall abide by the provisions of Article 148, section IV of the Federal Copyright Law. The Client acknowledges and accepts that the use of the Site and the Contents is under their exclusive and strict responsibility, so ELLAZ will not be, at any time and under any circumstances, responsible for any damage or problem that occurs in the computer equipment (hardware) or computer programs (software) used by the Client to access or navigate any part of the Site.

ELLAZ has the right to carry out, for defined time intervals, promotional campaigns to encourage the registration of new members on its Site. ELLAZ reserves the right to modify the terms and conditions of Product purchases, as well as to proceed with the exclusion of any of them. ELLAZ declares that all Contents and elements used on the Site are duly registered and protected under the corresponding authorities and laws in Mexico. The Client is obliged to respect all rights contained in the Copyright Notice established on the Site.

Sites and contents external to the Site and ELLAZ's Contents. ELLAZ may exercise its right to publish any informative material and/or sites or sub-sites owned by third parties, linked or not to ELLAZ, that it deems of interest to Clients. Notwithstanding the foregoing, ELLAZ disclaims all responsibility for the access and/or use that the Client makes of the information contained therein and/or for the use, origin, and destination of the information derived from different links (hyperlink, link). Any publication made within the Site by the Client does not generate any payment obligation to third parties by reason of promotion, publication, and/or handling of information and/or images, unless a contract has been previously signed with ELLAZ.

Denial and withdrawal of access to the Site and Contents. ELLAZ reserves the right to deny or withdraw access to the Site, or its Contents, at any time, without any liability for ELLAZ and without prior notice to the Client or users who fully or partially fail to comply with the conditions established herein and/or who carry out actions or acts tending to:

  1. "stalk" or otherwise harass or annoy other Clients;

  2. impersonate an ELLAZ representative or employee, making false or otherwise misleading statements about their affiliation with ELLAZ;

  3. collect or store personal data of other users in connection with prohibited conduct and activities;

  4. forge headers or manipulate Site identifiers, with the purpose of concealing the origin of the Contents;

  5. upload, post, email, transmit or otherwise provide any content which you do not have a right to transmit under the terms contained in the Federal Law for the Protection of Industrial Property (“LFPPI”), the Federal Copyright Law (“LFDA”), and the Federal Law for the Protection of Personal Data Held by Private Parties (“LFPDPPP”) or contractual relationships protected by confidentiality and non-disclosure agreements;

  6. upload, post, email, transmit or otherwise provide materials that contain computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of software, hardware or telecommunications equipment connected to the Site;

  7. use the Site in a manner that could damage, disable, overload or impair ELLAZ's servers or network connections;

  8. disregard requirements, procedures, policies or regulations of networks connected to the Site that could interfere with the use and enjoyment of the Site by any third party; and

  9. unauthorized access to accounts, computer systems or networks connected to ELLAZ's servers, through hacking attacks, password deciphering or any other method to obtain or attempt to obtain materials or information by any means not intentionally provided through the Site.

The Client agrees to indemnify and hold ELLAZ and its officers, agents, employees, partners, suppliers and licensors harmless from any claim or demand, as well as to cover reasonable attorney's fees, promoted by any third party against ELLAZ due to the content that the Client submits, publishes, transmits or provides in a manner other than that provided on the Site. The foregoing is without prejudice to ELLAZ's right to take the necessary legal actions to claim damages that such actions by the Client may cause it.

Responsibility for the Contents. ELLAZ assumes no responsibility derived, by way of illustration but not limitation, from: (i) the use that the Client may make of the materials on this Site, or of the Contents, or of the linked websites, whether prohibited or permitted, in infringement of the intellectual and/or industrial property rights of the web contents or of third parties; (ii) any damages to the Client caused by a normal or abnormal functioning of the search tools, the organization or location of the Contents and/or access to the Site and, in general, of the errors or problems that are generated in the development or implementation of the technical elements that the Site provides to the Client; (iii) the contents of those pages to which the Client may access from links included on the Site, whether authorized or not; (iv) the acts or omissions of third parties, regardless of the relationship that said third parties may have with ELLAZ; (v) the access of minors to the Contents, as well as the sending of personal information that they may make; (vi) the communications or dialogues during debates, forums, chats and virtual communities organized through or around the linked Site, nor will it be responsible, therefore, for any damages suffered by the Client as a result of said communications and/or dialogues; etc.

Responsibility for technological failures. ELLAZ will not be responsible in any way when: (i) errors or delays occur in accessing the Site when entering data in the application form, slow or impossible reception by recipients of the application confirmation, or any anomaly that may arise when such incidents are due to Internet network problems, acts of God or force majeure, or any other unforeseeable contingency beyond ELLAZ's control; (ii) failures or incidents that may occur in communications, either by deletion or incomplete transmissions, so that the Site's services are not guaranteed to be constantly operational; (iii) errors or damages caused to the Site by misuse of the service by the Client; (iv) non-operation or problems with the email address provided by the Client for sending the application confirmation. In any case, ELLAZ undertakes to solve any problems that may arise and to offer all necessary support to the Client to reach a quick and satisfactory solution to the incident. Likewise, ELLAZ has the right to carry out promotional campaigns for defined time intervals to promote the registration of new members to its service. ELLAZ reserves the right to modify the e-commerce conditions, as well as to exclude any of the terms contained therein.

6. PERSONAL DATA

In compliance with the terms provided in the LFPDPPP, ELLAZ, as the controller of your personal data, informs the Client that the information the Client provides on this Site will be processed in accordance with the Privacy Notice contained on the Site. To use or enjoy some of the Content, it is necessary for the Client to previously provide ELLAZ with certain personal data ("Personal Data").

By accessing the Site, or any of the Content where Personal Data is required, the Client is authorizing ELLAZ to conduct analyses and studies based on them. The Client undertakes to provide true and reliable Personal Data. In the event that the Client provides false or confusing information, ELLAZ assumes no responsibility for the results that such acts may cause the Client, having the right to deny access to the Site and its Content, without prejudice to being able to demand compensation where appropriate.

The Client acknowledges and accepts that, for the fulfillment of the Site's objective, it will be necessary for ELLAZ to collect Personal Data, in order to include it in formats, lists, databases, or other physical, digital, and/or electronic means, to carry out proper registration of the same and offer the Products. ELLAZ is not responsible for the consequences that may arise from the omission, conscious or unconscious, made by the Client in this regard.

For this reason, by accepting these Terms, the Client expressly waives the right to file any type of claim, demand, lawsuit, or legal proceeding before any Mexican or foreign authority against ELLAZ, as well as any person related and/or affiliated with ELLAZ, including, but not limited to, current or former directors, attorneys-in-fact, representatives, administrators, employees, shareholders, and/or agents, for any act that arises, or could arise, from the use of the Site and the Services, or any service derived from such use.

7. DATA INDICATORS

The information, real or historical, that the Client provides on the Site is processed and organized to generate data indicators, which ELLAZ may use to make pertinent business decisions, always statistically and not individually. The Client, by this act, authorizes ELLAZ to access the information provided and generated on the Site, in accordance with this document and the Privacy Notice.

8. USE OF COOKIES

ELLAZ informs the Client that, through the use of cookies and similar technologies, it seeks to: i) guarantee the best possible experience on the Site; and ii) provide the Client with information about their service and marketing preferences, thus helping them obtain appropriate information. In the event that the Client requires more information regarding the use of cookies and similar technologies, ELLAZ provides its Cookie Usage Policy.

9. EXCLUSION OF WARRANTIES AND LIABILITY

The Client is solely responsible for the use they make of the Site and its Content. The Client acknowledges that the information on the Site and ELLAZ's services are provided "as is," without any express or implied warranty of merchantability or fitness for a particular purpose. ELLAZ does not guarantee the accuracy or completeness of the information, texts, graphics, links, or other elements contained on the Site or Content. ELLAZ does not guarantee the uninterrupted or error-free operation of the Site and/or its Content. Since all information referred to on the Site and its Content is in the cloud, ELLAZ does not control or guarantee the absence of viruses in the Content, nor the absence of other elements in the Content that may cause alterations in the Client's computer system (software and/or hardware) or in the electronic documents stored in their computer system.

Any material downloaded or obtained in a manner other than that provided on the Site will be at the sole responsibility and risk of the Client, regarding the damages it may cause to the computer system of the device through which they connect and/or the loss of data resulting from the download of that material. In no case shall ELLAZ or its suppliers be liable for any damage arising from the use of the Site or Content, or from the inability to use them (IN PARTICULAR, WITHOUT LIMITATION, DIRECT OR INDIRECT, MORAL, INCIDENTAL, EXCESSIVE, REMOTE AND/OR EVENTUAL DAMAGES, LOSSES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR DATA AND/OR SECURITY BREACHES), even if ELLAZ had been warned of such possibility. ELLAZ's maximum liability for damages caused by any activity related to the Site or an Order shall be limited to an amount equivalent to the price contained in the Order that originated the claim or cause of claim.

10. COMPATIBILITY OF ELECTRONIC DEVICES

The Client will be responsible for obtaining devices or hardware that are compatible with the Site, since ELLAZ does not guarantee that it will function correctly on any device. Likewise, the Client agrees not to use devices, software, or any other means tending to interfere with the activities and/or operations of the Site, as well as with the databases and/or information contained therein.

11. DURATION AND TERMINATION

The Site and the Contents have an indefinite duration. However, ELLAZ may terminate or temporarily suspend, at any time and without prior notice, the Site and/or any of the Contents.

12. MAINTENANCE

To carry out maintenance work, ELLAZ reserves the right to suspend access to and/or modify the Content, as well as to delete or disable access to the Site, without prior notice. Access to the Site depends on the network availability of the Client, so ELLAZ will not be responsible for any impossibility to access it, derived from circumstances beyond ELLAZ's control, as well as by act of God or force majeure. ELLAZ, when deemed necessary for the proper functioning of the Site, will perform patches, updates, bug fixes, and minor improvements.

13. SUPPORT

ELLAZ offers the Client technical support and basic guidance for the use of the Site's tools and functionalities, which may be via Online Chat, email, or any other means that ELLAZ deems convenient and feasible, at indefinite times that it may also designate for such purpose, with prior notice. This service will have no additional cost. Likewise, the Client who has requested Support accepts and authorizes ELLAZ to have full access to all information provided on the Site, without any limitation. In this regard and for the benefit of the Client, ELLAZ undertakes to maintain full secrecy and confidentiality regarding the information to which it has access.

14. INDUSTRIAL PROPERTY AND COPYRIGHT

ELLAZ authorizes the Client to use the Site exclusively under the terms expressed herein, without implying that it grants the Client any license or authorization, or any type of right other than that mentioned above, regarding ELLAZ's Industrial Property and Copyright, understood as: all trademarks registered and/or used in Mexico or abroad by ELLAZ; all rights over inventions (patented or not), industrial designs, utility models, confidential information, trade names, industrial secrets, commercial notices, reservations of rights, domain names; as well as all types of patrimonial rights over works and creations protected by copyright and other forms of industrial or intellectual property recognized or to be recognized by the corresponding laws.

The Client acknowledges and accepts that ELLAZ is the legitimate owner, or has the necessary rights, over the Site, including ELLAZ's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features contained therein (the “ELLAZ Trademarks”), regardless of whether those rights are registered or not, and of anywhere in the world where those rights may exist, and that they are protected by industrial property and copyright laws and international treaties. Therefore, the Client accepts that the ELLAZ Trademarks may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way. Unless expressly stated otherwise herein, ELLAZ grants the Client no express or implied right under patents, copyright, trademarks, or trade secret information. The Client acknowledges and agrees that the Site, as well as all designs thereof, are and shall at all times remain the property of ELLAZ.

Feedback. In the event that the Client provides ELLAZ with any comments regarding the functionality and performance of the Site (including the identification of potential errors and improvements), the Client hereby authorizes ELLAZ to make unrestricted use of all rights, titles, and interests over the expressed comments. This shall not be considered a moral right of the Client to demand participation or monetary remuneration, or restriction on the use of such comments for exploitation by ELLAZ.

15. ELLAZ REWARDS

  • Anyone is eligible to join; the only requirement is to register for the program or already have an Ellaz account and make a purchase.

  • The reward for creating an account is only redeemable ONE time for users who do not yet have an account. If you already have an account, you only need to log in and accumulate z-coins through other actions.

  • When making a purchase while registered, each $1 MXN (one peso) of the total will grant you one z-coin. Z-coins accumulate after the order is marked as PAID, and if canceled or refunded, the reward is removed.

  • To receive z-coins for following on Instagram, you must log into your account through the rewards app and follow us on Instagram.

  • To receive z-coins for following on TikTok, you must log into your account through the rewards app and follow us on TikTok.

  • To receive z-coins for following on Facebook, you must log into your account through the rewards app and follow us on Facebook.

  • To receive Z-coins for celebrating your birthday, you must register your date of birth within the rewards app when creating your account. The reward is valid only ONE time per year. *You must be enrolled in the program at least one month before celebrating your birthday to redeem the reward.

  • When you level up, you will receive a coupon with a discount code for your next purchase. Codes are applied at checkout and are not stackable with other discount codes, already discounted products, or discounted kits. Valid on purchases over $1,199 MXN

  • For friend referrals, share your unique URL with them. Your reward is unlocked the moment your friend makes their first purchase. Both receive a $150 coupon for purchases over $800.

  • Points expire every 6 months.

  • Coupons for 100, 200, 300, 400, and 500 pesos are only redeemable when you level up; they are not cumulative.

  •  Terms and conditions are subject to change.

 

     17. OTHER PROVISIONS

1. Validity. The Client accepts that a printed version of these Terms, and of any communication sent and/or received electronically, shall be admissible as evidence in any judicial and/or administrative proceeding.

2. Severability. In the event that any term, condition, or stipulation contained in these Terms is determined to be ineffective, illegal, or void, it may be excluded from the body of this document and the remainder shall continue in full force and effect to the fullest extent permitted by law.

3. Rights. Any right not expressly granted herein is reserved to ELLAZ.

4. Updates. ELLAZ may revise and update these Terms at any time, always providing free access to any user who wishes to review them. ELLAZ reserves the right to modify, at any time, the presentation and configuration of the Site, as well as these Terms. Therefore, ELLAZ recommends that the Client read them carefully each time they access the Site. Notwithstanding the foregoing, the Client will always have these Terms available on the Site, visibly and accessibly at any time. Some clauses of these Terms may be subject to expressly designated terms and conditions found on the Site or on specific websites.

5. Applicable Law and Jurisdiction. In all matters related to the interpretation and compliance of the provisions herein, by the mere act of accessing the Site, the Client accepts to be subject to the federal legislation of Mexico and to the jurisdiction of the competent courts in the City of Monterrey, Nuevo León; waiving any other jurisdiction that, due to their present or future domiciles, might correspond to them.

6. Digital, electronic or online form. The Parties agree that the way to perfect the agreement of wills between them is in digital, electronic or online format, where it will be sufficient to express their will by accepting these Terms, as well as by providing personal data and banking information on the Site or in the licensors' various applications, without requiring a signature on any document.

7. Acceptance of the Terms and Conditions. The Client acknowledges that by entering and using the Site, they express their explicit acceptance and adherence to these Terms, in the version published at the time the Site is accessed, in accordance with articles 1803 and 1834 Bis of the Federal Civil Code, 80, 81, 89 and other related and applicable articles of the Commercial Code and the applicable legislation for the Mexican Republic. It is the Client's sole and exclusive responsibility to read these Terms and their corresponding modifications each time they access the Site, so if at any time the Client does not agree, totally or partially, with these Terms, they must immediately refrain from accessing the Site and its Content. Therefore, by accepting these Terms, the Client expressly consents to be bound by them, stating that they have read the content of each and every one of the provisions and ratify its content.

8. Entire Agreement. The Client acknowledges and accepts that ELLAZ made available all the necessary information to understand the scope and characteristics of the Site and the Products. Likewise, the Client states that, prior to accessing the Site, they analyzed its characteristics and, consequently, agree with it.

Date of first issue: [September 28, 2021].

Date of last modification: [January 31, 2025].

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