This agreement of terms and conditions of use binds contractually and legally the merchants and CLICK E-SHOP. The so-called “trade” consists of the natural or legal person who contracts the service with CLICK E-SHOP.

The platform and services of CLICK E-SHOP are provided exclusively for those who have the legal capacity to bind themselves and contract. Individual natural person user accounts will only be enabled to users of legal age, who within the registration process accredit a valid identification number and meet the age of majority in their country of issue.

Only eighteen (18) years of age can access. CLICK E-SHOP has no way of verifying that the acceptance is binding, so it will be presumed that it is, when the user has entered the personal data and identification correctly. User accounts that do not comply with these regulations will be deleted. If the merchant requires one or more of the services offered by CLICK E-SHOP, you must accept the conditions and terms of this Agreement. If you do not agree with the content of the Agreement, you will refrain from using the Services of CLICK E-SHOP.

To enjoy the Services offered by CLICK E-SHOP, the Merchant must conduct the technical implementation by the integration manuals and technical documents, of help, offered by CLICK E-SHOP. It will be mandatory for the trade and its entire responsibility to make the necessary adjustments and technical developments in its system and websites to properly implement the CLICK E-SHOP system. CLICK E-SHOP may at any time modify the conditions and terms of this Agreement, and the validity of the changes or modifications will take effect immediately, from the moment that CLICK E-SHOP includes it on its website or any other suitable means, informing about such modification on the same website.

The Merchant will have a period of thirty (30) calendar days to accept or reject the incorporated modifications. If the modification is rejected by the merchant, making the notice during the period indicated for its opposition, CLICK E-SHOP will terminate the Agreement and disable the services to the merchant without any compensation for the termination in question. It will be the responsibility of the Commerce to review the modifications to this Agreement that are published on the portal. CLICK E-SHOP will be entitled, without the need for requirements or formalities, to suspend temporarily or definitively, or limit the access of the merchant to the Services of CLICK E-SHOP and/or use of its Channels, in the event of a breach of the Agreement by the User.

The use of the CLICK E-SHOP website is at the merchants’ own risk and the Services are provided as indicated in this Agreement and in the form in which they are available, without express or implied warranties of any kind, including warranties of merchantability, non-infringement of intellectual property or fitness for any particular purpose.

ABOUT SERVICES

CLICK E-SHOP offers collection and payment services to the merchant as follows:

• It provides licensing for the use of the technological platform called CLICK E-SHOP intended for the processing of online payments as a result of the commercialization of goods and services.
• It enables various means for the payment of goods and services offered to its buyers, which can be online and offline.
• Provides validation of credit card transactions to combat and mitigate the risk of cardholder phishing, fraud, or other motives.
• It collects, at the expense and risk of the Merchant, the payments of the transactions made by the customers of the merchants.
• It transfers the amounts collected to the account reported by the merchant through the contract. CLICK E-SHOP collects the monies as a payment management mandate and under a contract concluded with the merchant, which is why it is not intended to attract resources from the public. In the same way, it does not offer the provision of services of a financial or stock market nature. CLICK E-SHOP does not guarantee the authenticity or legality of transactions that are processed through its payment processing platform. The risk of fraud by impersonation of a payer, or that of illegality of a transaction is entirely assumed by the Merchant. In any case, CLICK E-SHOP establishes recommendations for suspicious transactions and provides an administration panel for the merchant to define its own parameters of transactions under suspicion. Similarly, CLICK E-SHOP has no control over the manufacture, import, export, distribution, or marketing of the goods and services offered by the Merchant. Therefore, it does not guarantee its quantity, quality, suitability, safety, or delivery. Merchant User Account and Transfer of Amounts Once the acceptance of these terms and conditions is manifested and the agreement between the parties occurs, CLICK E-SHOP will be responsible for the creation of a user account on the platform to the Merchant, will grant a password to enter the portal, which will be custody and sole responsibility of the trade, which can be updated by the trade at the time required, complying with the established security parameters. For the creation and subsequent enabling of the user account, the Merchant must provide the information required by CLICK E-SHOP. The latter may discretionally not enable the account, for which it will only be sufficient to inform the Merchant of this circumstance. The user account of CLICK E-SHOP will be associated with a bank account, opened at the address of Commerce, whose sole holder will be the latter. This will be the account to which the proceeds of the sales collected will be transferred, within the agreed contractual terms. CLICK E-SHOP will transfer to the Merchant the product of the collections made by the transactions made, after discounting the rates, additional charges, and reserved amounts.

The taxes, financial costs, and charges applicable for the transfer of the proceeds will be assumed by the Merchant. CLICK E-SHOP will ensure the proper functioning of the collection, where the merchant receives its collections in the bank account directly agreed with its bank, so that it has the necessary security in the transmission of card data, its confirmation process, and the final approval of the transaction. CLICK E-SHOP will provide access to the portal to make inquiries about your account in real-time, where you can verify the status of transactions made by customers, the value of the available collections to transfer to your bank account, according to contractual terms, and the dates of the operations. CLICK E-SHOP provides its services of processing, collection, validation, and transfer of payments without presuming the existence of a guarantee of any nature, regarding the availability, timeliness, quality, security, continuity, or suitability of these. Every effort will be made to provide the availability of the platform. CLICK E-SHOP will make tangible efforts to process transactions in the shortest possible time, without being able to guarantee standard processing times. It will be exempt from the obligation to process the transaction when there are reasons of force majeure, fortuitous event, or the fact of a third party that prevents it and in general of any event that exceeds its control in the processing. CLICK E-SHOP advocates validating transactions to help mitigate the risk of identity theft of payers, however, it is defined that the Merchant is the one who assumes this risk.

The Merchant shall define its own ranges and parameters for the definition of suspicious transactions and anti-fraud validation mechanisms. CLICK E-SHOP undertakes to provide services securely, adopting the security certificates in force and verifiable by the competent authority. CLICK E-SHOP is obliged to make a timely transfer of collections to the bank account informed by the business within the established deadlines and by the contracted collection model.

PRICES AND MEANS OF PAYMENT

All our services are indicated in US dollars.

PRICES AND SETTLEMENT

Concerning the prices of the services, the customer will be charged the prices set out in the relevant section, as offered on the website. Prices include value-added tax as provided by applicable laws in the United Mexican States (16%).

In addition to the purchase price, Customer shall be responsible for defraying all taxes incurred, including value-added, excise, use, privilege, ad-valorem, customs, and any other taxes, levies, fees, or similar charges, taxes levied, or increased under any municipal, state, federal, international or any other nation’s law, rule, ordinance, or regulation concerning the Services sold to Customer. If the seller, for any reason, is obliged to pay such taxes, the buyer shall, upon request, immediately refund such amounts to the seller. The customer shall provide, at the request of the seller, any tax exemption certificate.

In addition, to the extent required by applicable laws in each country, customers agree to send us duly completed tax forms, to enable us to make all required filings with the tax authorities.

Price change. We may change prices and/or introduce added charges in addition to prices at our sole discretion upon thirty (30) days prior written notice to the User.

Notwithstanding the foregoing, we may increase prices, immediately and with contemporaneous notice.

PAYMENT

The price of the services will be paid in advance by credit card or other payment method accepted on the website.

PAYMENT TERMS

To provide any service, it will be necessary to cover 100% of the amount including taxes.

PAYMENT METHODS

Payments can be made via credit or debit card accepted.

TRADE OBLIGATIONS

El Comercio commits to the following:

• Be responsible for the veracity and timeliness of the personal information that enters the website.
• Have the legally required capacity to contract either a natural or legal person and the due authorization for the conclusion of the contract.
• Refrain from using the services to facilitate, hide, handle, invest, or take advantage in any way of money or goods derived from illicit activities, or to give the appearance of legality to illicit activities and resources related to them.

It is mandatory for trading:

• Comply with the applicable regulations on the occasion of its commercial activity.
• Alert CLICK E-SHOP about transactions that, due to their number and/or amount, go beyond the usual parameters, and therefore involve the risk of fraud due to identity theft or other illegal activities.
• Keep your physical address, phone number, email address, and bank account information up to date.
• CLICK E-SHOP will be exempt from claims for improper notification whose origin is the existence of outdated data.
• Prevent unauthorized use of the platform.

PROHIBITED AND RESTRICTED ACTIVITIES

The Trade is solely responsible for verifying that its commercial activity complies with the applicable legislation and that it has the necessary permits and licenses to develop it. You will refrain from using the CLICK E-SHOP Platform to develop activities, or market goods or services, prohibited by applicable legislation, among the products and/or services restricted by CLICK E-SHOP, or that involve a risk to the business reputation of CLICK E-SHOP.

Commerce must monitor the legality of the goods or services offered, that of its business model, or that of the content of its websites. In the event of any claim, the head of CLICK E-SHOP will be exonerated from it and will make the Merchant legally responsible, immediately blocking the account and terminating the collection contract. CLICK E-SHOP may at its discretion block any or all means of payment, or partially or suspend the transfer of collected resources when there are doubts about the improper use of the Platform. Likewise, it may terminate this agreement, at any time, and without compensation, if based on information collected, it concludes that there are legal risks, reputations, or of any kind that prevent it from continuing to provide services to the Merchant.

The Products, Services, and Channels of CLICK E-SHOP may not be used, without exception, to:

• The violation of any national or foreign law, agreement, ordinance, or administrative act of any nature.
• For the performance of acts, transactions, or related activities, own or of third parties, that facilitate, constitute, or may constitute crimes of drug trafficking, terrorism, kidnapping, money laundering, financing of terrorism, and administration of resources related to terrorist activities or other crimes related to money laundering and financing of terrorism.
• For the performance of own activities or behaviors or those of third parties, which incite or constitute illegal activities, violation of consumer rights, commercialization of stolen or illegally acquired goods, acts that promote hatred, ideological, racial, or political discrimination, violation of patents or copyrights or any other act censored or prohibited by the applicable legislation in the countries where they are used, purchased or promoted the Products or Services.
• For the realization of transactions that violate personal or financial information of third parties, the performance of activities considered as pyramidal, or activities of the financial sector, or that require permits or licenses by the competent authorities. Reports If any Business identifies acts, transactions, or behaviors that are contrary to this Agreement, the legislation applicable to that of its country of domicile, or international treaties, it must report it immediately to the following email: CLICK E-SHOP.

REVERSALS, REFUNDS AND CHARGEBACKS

CLICK E-SHOP may debit a payment to the Merchant, even after it has delivered the goods or services sold when there is any reversal, charge, or refund for any cause. The Merchant authorizes CLICK E-SHOP to make the debits and withholdings in question. A reversal is the refund made by the payment processing network to a cardholder, of the value of a purchase, at the request of CLICK E-SHOP, usually on the instruction of the Merchant.

Exceptionally, CLICK E-SHOP will make reversals at the request of the user, at the request of a financial institution, or on its own, when the applicable regulation requires it. CLICK E-SHOP will manage reversals at the request of the Merchant. Exceptionally, it shall do so at the request of the issuer of the payment instrument, based on a buyer’s claim, where provided for by applicable law, and provided that the issuer makes available the technology to do so.

A rollback will proceed when the following happens:

• When the buyer/payer has been subject to fraud.
• If CLICK E-SHOP has a suspicion of fraud by impersonation of the payer, in which case the Merchant will authorize the reversal.
• In the case of purchases not requested by the buyer.
• When charged and discounted more than once, the value of the same purchase to a buyer.
• When the buyer has revoked, before the issuer of the payment instrument and before the Merchant, his authorization to charge periodic payments to his cards or bank accounts these have continued to be charged, after said revocation. It is necessary to clarify that CLICK E-SHOP can reverse debits made with a credit card, but not reverse debits made to bank accounts, since the issuer of said payment instrument has not implemented the way to do so.
• At the request of the Trade, when the buyer has made a mistake in the selection of the product.
• At the request of the Merchant, the buyer has exercised his right of withdrawal by the procedure legally established before the Merchant.
• When the Trade, due to lack of inventory for the dispatch of products to the buyer, has canceled the sale or when the product has not been received by the buyer.
• At the request of the Merchant, when the product delivered by the Trade does not correspond to what was requested by the buyer or is in poor condition, is of inferior quality, or is defective. The Merchant or the issuer of the payment instrument, may request CLICK E-SHOP to make partial reversals, when the buyer has purchased several products and only concerning one or some of the occurrence of the events described in the previous paragraphs has been verified. CLICK E-SHOP will only make partial reversals if the issuers of the corresponding payment instruments make available the technology to do so. Opportunity and procedure to request a reversal The buyer will have up to fifteen (15) business days following the occurrence of the causes described to request a reversal from the Merchant and the issuer of the electronic payment instrument. The Merchant or the issuer of the payment instrument will notify CLICK E-SHOP of said request so that the payment can be reversed. In no case may the reversal of payments be requested on transactions processed by CLICK E-SHOP more than six (6) months before the date of the request for the Reversal. Reversal requests must be generated by the Commerce in writing through the means provided for this purpose and may also do so through its administrative panel using the tool enabled for this purpose. If the issuer of the corresponding payment instrument requires a return, it must be requested to the customer service email of the CLICK E-SHOP.

The request for reversion shall include:

• The transaction numbers.
• The date of the transaction.
• The value of the transaction.
• The value for which the rollback is requested.
• Express manifestation of the reason or reasons that justify the request for reversal of payment, which must correspond to one or some of the causes indicated above in this chapter.
• Identification of the credit card or payment instrument to which the purchase subject to reversal was charged.

CLICK E-SHOP will have fifteen (15) business days from the date of request of the Merchant or the issuer of the payment instrument to make a reversal.

CLICK E-SHOP will not be responsible for delays of reversals attributable to financial institutions in the reversal process.

CLICK E-SHOP may charge the Merchant for making reversals. In addition, the responsibility resulting from the instruction of the Merchant, or its authorization to make a reversal will fall exclusively on the Merchant. The latter releases CLICK E-SHOP from liability for reversals made at the request of the issuer of the payment instrument, based on the claim of a buyer, subject to applicable law.

A chargeback is a debit made by the acquiring bank to CLICK E-SHOP, a product of ignorance of a purchase made by a cardholder before the issuer of his card. CLICK E-SHOP will transfer the chargebacks to the Merchant, debiting the amount object of the chargeback from the balances credited to the Merchant’s account.

A cardholder buyer may claim ignorance of a purchase before the issuer of his card in the following events:

• Phishing fraud.
• The buyer does not associate the name of CLICK E-SHOP with the purchase made to the Merchant (brand ignorance).
• The refusal of the Merchant to reverse a transaction when there is a dispute between the Merchant and the buyer for differences arising from defects in the quality of the product or service or lack of delivery of the product or service, among others. Procedure for the processing of counter-charges.

DURATION AND TERMINATION

This agreement will have an indefinite duration. The Parties may terminate it at any time, without any reason, by giving ninety (90) calendar days’ written notice.

The Trade may terminate it in advance and unilaterally, notifying CLICK E-SHOP, of the following events:

• Rejection of modifications to the terms and conditions of the agreement, following the procedure established for it.
• Disagreement with an increase in their rates.
• Breach of the agreement by CLICK E-SHOP.

CLICK E-SHOP before motivated notification to the merchant may terminate this agreement early and unilaterally in the following events:

• If the Merchant breaches its contractual representations or obligations.
• When it concludes that there are legal, reputational, or any other risks that prevent it from continuing to provide services to the Trade.
• For the contempt of the Trade to the recommendations of adequate implementation, security, and optimal functioning of the CLICK E-SHOP system or its incursion into hacking activities or violation of security of the CLICK E-SHOP system.

DISPUTES AND CLAIMS

In the event of any discrepancy or conflict with the products, services, and/or the agreement, we first request to contact CLICK E-SHOP at the following email: CLICK E-SHOP. Any difference that arises between the Merchant and CLICK E-SHOP as a result of the interpretation and fulfillment of this Agreement and the services, will be submitted to the decision of an Arbitration Tribunal,

LIMITATIONS OF LIABILITY

In no event shall CLICK E-SHOP, its affiliates, subsidiaries or related entities, administrators, legal representatives, sales representatives, suppliers, or employees be liable for any loss or damage caused or to be caused in connection with its website by the services or the Agreement.

Likewise, CLICK E-SHOP is not a financial or financial services entity or entity supervised by the Financial Superintendence of CLICK E-SHOP or any other competent authority. The Services and Products that are part of the CLICK E-SHOP portfolio are solely and exclusively for collection.

CLICK E-SHOP does not offer, manage, or sell products or services that constitute the mass collection or placement of money from the public by applicable legislation as the case may be. The Accounts or Accounts opened by Merchants do not constitute deposits, checking or savings accounts, or any other financial product.

The Account is intended to reflect the values or sums of money collected by CLICK E-SHOP and that are available to the Merchant for the use of the services offered. Any warranty, complaint, or request about the application, use, or suitability of the services or products must be addressed directly to them.

CLICK E-SHOP is not responsible for the quality, use, rights, or obligations existing between Users and their suppliers.

Users who decide to access this website from other locations do so on their own initiative and will be responsible for compliance with the corresponding laws.

CESSION

The Merchant may not assign all or part of one or more obligations arising from this Agreement without prior written authorization from CLICK E-SHOP. CLICK E-SHOP reserves the right to assign or transfer this Agreement or any obligation or right arising from it, at any time

APPLICABLE LAW

These legal terms shall be governed by and construed by the laws of the Republic of CLICK E-SHOP.

PAYER PRIVACY PROTECTION

CLICK E-SHOP acknowledges that the customer of the Merchant, known from now on as the “payer”, is the sole owner of their data, and strives to protect the privacy and confidentiality of these, in the terms required by the applicable regulation.

CLICK E-SHOP will treat the personal information of the Payer, such as email, telephone number, home address, payment method information, such as card numbers, among others, and computer data, such as IP and cookies, among others, by the Privacy Policy.

By accepting these terms and conditions, the Payer authorizes CLICK E-SHOP to process your personal data for the following purposes:

• Validate your information with third parties, such as financial institutions issuing the means of payment used by the payer, and acquisition franchises, among others, to validate and process the payments that the payer makes.
• Provide customer support for troubleshooting.
• Validate information with third parties and with the merchant, to avoid and mitigate the risks of fraud.
• Prevent the CLICK E-SHOP system from being used to conduct illegal activities.
• Identity verification.
• Notify about maintenance tasks, report failures, and updates of services.
• Resolve disputes.
• Use personal information for internal purposes, such as audits, data analysis, and research to improve products.
• Organize and carry out contests, games promotional or marketing operations, and similar events of CLICK E-SHOP and/or businesses linked or not to CLICK E-SHOP.

ACCEPTANCE OF TERMS

It is presumed that when the Merchant accesses the website it does so under its full responsibility and that, therefore, it fully and unreservedly accepts the content of the terms and conditions of use of the website.

CLICK E-SHOP reserves, in all respects, the right to update and modify at any time and, in any way, unilaterally, these conditions of use, privacy policies, and the contents of the website.

VERACITY

By accepting this document, the Trade declares that the information shared with CLICK E-SHOP is complete, updated, and true, and assumes responsibility for any inconsistency between the data provided and reality, under the premise that, in such case, may become the author of the crimes of fraud and falsification in documents.

Contact us

If you have any questions regarding these Terms and Conditions, your rights and obligations arising therefrom, and/or your use of the Site and Service, your Account, or any other matter, please contact info@clicke-shop.net.