Online THE STORE Agreement

This Agreement sets forth the terms and conditions of KICHINK Services, SA de Capital Variable Company, hereinafter identified under the trade name KICHINK governing access and use of the website www.kichink.com (hereinafter the Site) and all additional KICHINK websites (websites KICHINK). Any physical or moral person who makes use of the site or the services provided KICHINK accepted and shall be subject to these terms and conditions together with other policies established by KICHINK.

Anyone who does not accept these terms and conditions thereof having binding character must refrain from using the Site and / or services provided by KICHINK.

The services provided by KICHINK only be used by people who have the legal capacity to contract.

DEFINITIONS:

Administrator - Physical person who represents and manages a THE STORE on KICHINK´s platform.

Aggregator -   By agreement of the H. National Banking and Securities Commission is clarified as: Network participant who, under a service provision agreement entered with an Acquirer, offers to Pay Receivers the service of acceptance of Payments with Accounts, and, if applicable, provides the infrastructure of POSs connected to such networks.

BIP -   Kichink Operations Center where store products are stored and logistics operation for messaging is concentrated.

Buyer -   THE STORE Manager or any person who makes use of the Platform or the KICHINK Website or Websites.

Fraud prevention administration fee -   Fee charged by Kichink for the human and technological controls that are implemented to prevent operations that result in unrecognized transactions.

Kash -   Program implemented by Kichink to improve the experience and security of its Customers, making this a kind of payment that generates benefits to frequent users. Points associated with the Kash account will be acquired because of specific actions, including but not limited to; the purchase of goods and / or services in any of the online THE STOREs affiliated to Kichink

Kichink -   KICHINK Servicios, S.A. de C.V. Who acts as commissioner of THE STORE for the intermediation between THE STORE, BUYER, Aggregator, and Messaging among others or in default as Consignee of the Product whenever this is delivered to KICHINK at the COP to be protected

Unrecognized charge -   Refers, without limitation, to transactions made in your store and of which cardholders do not recognize the charge. A cardholder can file a claim up to 60 days after payment has been applied and it can take up to 180 days for the bank investigation process. Kichink does not control or determine the existence of an unrecognized charge, these are notified by financial institutions, so your store recognizes that they are real notifications.

Platform -   The KICHINK E-Commerce platform, as well as related pages managed by KICHINK.

THE STORE -   The Site managed by a BUYER for publishing and selling goods and / or services through the platform of KICHINK.

ACCEPTANCE OF TERMS OF USE

By accessing and browsing the web sites of KICHINK, the user (THE STORE) agree to be bound to these Terms and Conditions without limitation or condition, including any updates, modifications, or additions KICHINK published. Meanwhile, KICHINK states that in the case of certain services and offers available on the Site or the Web sites of KICHINK, they may be governed by additional terms and conditions, which may be consulted on pages containing such services or offers or through the link to be published in these pages or other directions referenced to such additional terms and conditions.

KICHINK reserves the right to make at any time changes or updates to the Terms and Conditions without personally notify THE STORE. This may occur, to meet internal policies, new requirements and/or to comply with new applicable laws, being the version last published applicable always and accordingly will force THE STORE after its entry into force.

All modified terms and conditions will take effect at the time of publication. All THE STOREs will have the option of not accepting such modifications; In this case, THE STORE must refrain from using the Platform and / or the services of KICHINK, express its disagreement with the changes to this contract by means of a letter addressed to the legal area of KICHINK to the following electronic address: support@kichink.com indicating your disagreement with the changes, as well as the necessary identifiers of your THE STORE (s); upon confirmation of receipt of the document; the contractual link will be dissolved and THE STORE will be disqualified as long as there are no outstanding balances to cover in favor of any of the parties (KICHINK - THE STORE).

INSCRIPTION

To make use of websites KICHINK or services provided by KICHINK is required to create an account by registering on the website of KICHINK must enter the appropriate information in all fields with valid data accurate, precise and true. THE STORE undertakes to update your information if there is any change in the same previously entered. KICHINK may use various means to identify THE STORE owner, without implying that KICHINK responsible for the accuracy of the information provided by the person who holds as THE STORE manager. Also, THE STORE guarantees and respond, in any case, the veracity, accuracy, validity and authenticity of the information entered for registration.

KICHINK reserves the right to request a voucher and / or additional information to verify the information entered by THE STORE manager, as well as temporarily or permanently suspend those THE STOREs whose information has not been verified. In this case, you derecognize THE STORE, without generating any right to compensation.

KICHINK reserves the right to reject any application for registration or to cancel a registration previously done, without being obliged to notify THE STORE the reasons that led to reject or cancel the registration and without this generating any right to compensation or compensation.

THE INFORMATION ENTERED BY THE STORE

KICHINK always shall comply with the laws applicable data protection and the terms of its Privacy Notice regarding the data and information provided by THE STORE manager. Due to the above KICHINK made known to THE STORE to use the data and information published for statistical purposes promotional, marketing, among others; for which THE STORE grants a license for non-exclusive use, irrevocable (for the duration of their relationship with KICHINK), free and global reach of copyright or other rights that may apply to published material for use in KICHINK websites and media on the site and linked. For this purpose, THE STORE claims to be the rightful owner of the information or which has the power to dispose of it, obtaining all authorizations holders that the publication of such information required.

THE STORE authorizes KICHINK to use your personal information for purposes relating to the operation site or Web sites KICHINK.KICHINK meanwhile, undertakes not to transfer, assign, or otherwise dispose of any data in favor of a third party, unless it has previously obtained the consent of THE STORE to these effects. If THE STORE you want, at any time through the means provided for that purpose, may request to be excluded from the lists to send promotional or advertising information.

KICHINK uses cookie and IP tracking technology when a user browses the site or the Websites KICHINK, this allows you to recognize the users registered without having to enter your e-mail every time they access the website KICHINK and collect certain information from their matches, preferences, and operations. The rejection by KICHINK THE STORE to keep track of your cookies may affect the optimal functioning of the Site or Web sites KICHINK with respect to such, users should allow use of this technology, consents THE STORE personal information so obtained may be used to analyze your preferences, to define and implement policies customized marketing and other applications related to the Site or Websites of KICHINK and / or its affiliates, subsidiaries, associates.

PUBLICATION OF PRODUCTS OR SERVICES

THE STORE must be sold, products and / or services that aim to offer the general public. Publications should include graphical and textual description, reporting as clear and precise as possible on the specific characteristics of the product or service. It is understood that the mere fact of publishing the product or service, THE STORE accepts that has the intention and the right to sell or is empowered by its owner and is available for delivery. If any of the provisions of this clause is violated, KICHINK is entitled to request THE STORE to edit the publication, or to cancel the publication where the offense is found.

KICHINK may request at any time from THE STORE the documents required by any authority for the sale of its products in the national and international territory. Failure to deliver this information by THE STORE constitutes a failure that will result in the temporary or definitive termination of the KICHINK platform of the product in question and / or of THE STORE.

When THE STORE publishes and markets through the Platform of KICHINK products and services related to the consumption of tobacco and alcohol, products or services restricted for minors, tickets for events of any kind restricted to minors, will be obliged to add a legend, clear and visible within the product description. It must establish that the sale of said product is exclusive for persons over 18 years of age.

CONTENT RESTRICTIONS

THE STORE agree not to publish, distribute or transmit any content that: (I) is unlawful, harassing, defamatory, abusive, threatening, obscene, fraudulent, libelous, or invasive of another's privacy individual;(II) violates or infringes the copyrights, trademarks, trade secrets, patents or other intellectual property rights of any party, including without limitation the use of third party materials protected by the law of copyright without authorization, use third party trademarks without appropriate authorization or attribution, and use or distribute information or not protected as a trade secret in violation of any obligation of confidentiality third parties; (III) has no right to distribute or transmit according to the law or contractual or fiduciary relationships;(IV) containing personal data of minors, or (V) containing sensitive personal data of another individual, (VI) sexual, pornographic, discriminatory content or content that implies the commission of a crime.

STORAGE PRODUCTS AT KICHINK´s COP

THE STORE can operate in two forms storage, collection and shipping of products which are listed below:

1. Self-storage: In this course, THE STORE will have to have products in their custody, once you receive a purchase order by a Buyer duty to accept the order and coordinate with KICHINK to set the date and time of PICK UP or the product to be shipped and delivered to Buyer. Under this scheme THE STORE accepts and recognizes the penalties for established by KICHINK.

   The STORE is obliged to deliver the products to the messenger assigned by KICHINK at the established date and time. KICHINK will make two attempts to collect products at the address indicated by the STORE without cost, subsequent collection attempts will have an additional cost equivalent to $10 Mexican pesos plus IVA for each collection attempt.

2. Storage in the COPKICHINK: THE STORE delivers to KICHINK products, which due to be discharged in the Platform THE STORE and duty to hold to the following rules:

1. The quantity, characteristics, and price of the Products to be delivered to KICHINK must be described with at least 48 (forty-eight) business hours before being delivered. KICHINK, for its part, will send within a period not exceeding 24 (twenty-four) business hours, a proof of confirmation or, where appropriate, a refusal explaining the reasons why it is impossible to provide the storage service.

2. The reception of the product will be from 8:30 a.m. to 1:30 p.m. from Monday to Friday at the address located at Eje 3 Norte Camarones 14, San Salvador Xochimanca, Azcapotzalco, Mexico City, CP. 02870.

3. If there are discrepancies between the count made by the Parties at the time of delivery, the products will not be accepted.

4. Modifications to the inventory of material in custody will only be carried out by KICHINK personnel.

5. THE STORE may deliver the product packaging in the KICHINK warehouse, in this case KICHINK, will not be responsible for any type of damage or loss caused by the improper packaging of the product, so THE STORE must sign a responsive letter in which demarcate KICHINK from any liability.

6. THE STORE, you can also deliver the product to KICHINK so that it is responsible for making the corresponding packaging and thus be preserved in the warehouse of KICHINK in case of loss, damage etc. for bad packing the responsibility will fall on KICHINK.

7. THE STORE may request from KICHINK the exit of those products that it has identified and requested in writing, at least one day in advance, setting a date and place to carry out its delivery.

8. KICHINK will not return to THE STORE goods or products when they are committed to satisfy the order made by any consumer or when THE STORE has any outstanding balance with KICHINK.

9. KICHINK will be liable in case of total or partial loss of the products delivered if said loss is generated by causes attributable to KICHINK. Likewise, KICHINK will not be responsible to THE STORE for the total or partial loss of the products when this is caused by Causes other than KICHINK, obsolescence, expiration or fortuitous event. The responsibility of KICHINK for the stored products will cover only the cost of production of the goods, in case of requiring coverage of these at sale price, THE STORE must request in a period not greater than 72 (seventy-two) hours after the reception of the merchandise in the facilities of KICHINK, in writing the extension of the coverage policy and must cover with the additional cost that this generates.

10. The applicable costs for storage at the KICHINK COP are the following:

THE APPLICABLE COSTS FOR STORAGE CONCEPT IN THE KICHINK´s COP ARE:

Tariff Scheme for storage:

The rates for Storage do not include applicable tax and may be modified by KICHINK at any time, for which KICHINK must communicate it by any means of contact with THE STORE at least 30 calendar days in advance.

THE STOREs authorize that the cost of storage services detailed in the previous paragraph, be deducted from any balance in favor that THE STORE has, in case this discount / payment is not made in two consecutive months by storage according to the rates In force, published by KICHINK, THE STORE will be notified once only for the purpose of covering the amounts owed plus the surcharges generated in a period no longer than 15 calendar days after the deadline for payment of the second unpaid monthly installment. For the case in which THE STORE does not make the corresponding payment within the established period, the merchandise will be classified as abandoned and will be processed by KICHINK, according to the internal policies of Abandoned Merchandise. THE STORE accepts and acknowledges not taking any legal action against KICHINK or KICHINK suppliers that involve the return, replacement, or compensation for the loss of the merchandise. THE STORE expresses its consent to make the corresponding payments / discounts for the Provision of Storage Service and otherwise it will be penalized according to the Abandoned Merchandise policy in the terms and conditions indicated herein.

SHIPPING PRODUCTS

Time confirmation of the order starts from receipt of payment confirmation email. To make product delivery at the home of Buyer, you will require that the person receiving the product exhibits and identify with an official ID (voter registration card, passport, immigration form applicable, in which case the courier staff may request a photocopy of it or take a photograph of the identification document shown.
THE STORE acknowledge and agree that KICHINK not respond in any case, for the veracity and accuracy of the product, as well as the expressions and descriptions in terms of quality, gender, value, condition, condition, weight, volume, brands, outward signs of the packaging or packaging and other features contained in the product, so that THE STORE expressly agrees to release and hold except KICHINK of any conflict, action, proceeding or location instituted individually or collectively against KICHINK in if any claim, complaint, return and / or any type of nonconformity of the final buyer for the product received.

Products and / or published by THE STOREs KICHINK portal services do not include installation, adjustments, settings, or adaptations of any kind, unless the product or service contracted explicitly directed. In the case of messaging, this is delivered to the address indicated entry and does not include moving motions like removing doors or fly merchandise.

KICHINK reserves the right to refuse or suspend transportation of any package in the following cases: That does not include adequate information as the sender and recipient of the package, or product descriptions do not correspond to the recorded content.

1. Containing materials give in or to give other packages or which may constitute a risk to equipment or KICHINK´s employees or its service providers.

2. That the package is not duly packed for transport.

3. The package does not include guide lines or all data from both the sender and the recipient.

4. The weight, volume and / or appearance of the packaging does not match the description or the guide lines.

To verify the above assumptions, KICHINK reserves the right to inspect the package at any time and allow the competent authorities to carry out inspections they deem appropriate.

In cases where misuse of the platform, misuse service messaging KICHINK, falsehood in the declaration of the real value of the products, false declaration of weight, volume or quantity of the products is detected, or any other unfair practice by THE STORE and therefore constitute a violation of the Terms and Conditions by THE STORE, the penalties listed below apply:

The payment by way of penalty apply to THE STORE as stated in the above must be made within a period not to exceed 15 calendar days following it was notified THE STORE, on the understanding paragraph that lack of payment prescribed period imply that the goods are designated as abandoned and will be processed by KICHINK, under domestic policy merchandise abandoned, in this regard, THE STORE may not exercise any legal action against providers KICHINK or involving the return, replacement or any compensation for the loss of the goods. Therefore, THE STORE, expresses its full consent to make the corresponding payments Delivery Storage Service and, in case of falling into the case specified in this paragraph shall be penalized in accordance with the policy of Merchandise Abandoned in the ' terms and conditions set forth herein.

INTERNATIONAL SHIPPING PRODUCTS

THE STORE recognizes that, for sending international packages may generate additional costs arising from the export or import of products, such as payment of fees, customs fees or any other fees or charges shall be borne by the Buyer first or in some cases by THE STORE. In this case KICHINK reserves the right to invoice to THE STORE where applicable, the generated additional amounts. In the case where THE STORE does not make payment in time that KICHINK you require, and this involves additional costs to recover or, the authorities have the package and it is impossible to recover. KICHINK not be liable to THE STORE, so THE STORE may not exercise any legal action against KICHINK.

ABANDONMENT GOODS POLICY

The products that are identified as merchandise Forsaken cannot be recovered by THE STORE, this under that, as a safety measure to other products stored in the COP KICHINK must be separated and discharged from the inventory and protection of KICHINK. In this vein, THE STORE, you agree that, may not seek recovery payment or compensation for the drop-in merchandise products classified as abandoned.

PAYMENT

KICHINK or the designated aggregator shall deduct from the amount of sales made by THE STORE the percentage of commission according to the following list.

The discount made by KICHINK will be billed monthly. THE STORE must provide its fiscal data for the corresponding billing during the current month, otherwise the income will be billed as sale to the general public and cannot be re-billed later.

KICHINK or the designated aggregator make payments to THE STORE, corresponding to sales orders concretized once THE STORE has requested this action from the portal administrator; payments are made by a bank transfer to the account registered by the store manager.

For cases where the billing requests THE STORE commissions and / or shipping charged by KICHINK be necessary to validate the bank account where THE STORE will receive their payments, so send via email you will need to addresspagoatiendas@KICHINK.com copy of the following documents:

1. Official identification or

2. Proof of address

3. Bank statement performed to the deposits, with data visible CLABE account.

4. RFC / High Finance

5. Written application containing the bank details for payments made specific or indicated orders

6. The first four points due to match the name of the holder.

In the case of Companies, in addition to the information described above it is necessary to attach the following documents:

1. Copy of the Constitutive Act of the company.

2. Power of attorney

3. Designation of the legal representing (s) or person (s) Registered (s) and administrator (s) of THE STORE

The payment request made by the STORE for sales actually paid and delivered will be processed and deposited by means of an Aggregator to the registered bank account within 10 to 90 calendar days from the date on which the STORE made The payment request. The amounts KICHINK as commission THE STORE receives that correspond to each of the mail and virtual sales by the buyers through the Internet pages and / or associated social networks, websites and / or any environment that is associated or connected with the interface KICHINK, provided that the payment made by the consumer has been duly approved, indicted by KICHINK.

When the sales made by THE STORE are for a show; the provision of a service and / or the downloading of a digital file, KICHINK may retain the total amount of sales made by THE STORE and request users to confirm the completion of the show; the provision of the service and / or the download of the digital file before making the payment requested by THE STORE. If the show or the provision of the service is not made, or that the digital file cannot be downloaded for reasons attributable to the STORE, KICHINK will make the corresponding reimbursements to the users. In this case, the quantities of the sales made will not be transferred to the STORE for any reason, without this implying any responsibility for KICHINK.

For purposes of performing the above referenced settlement by KICHINK in favor of THE STORE, the latter must accumulate a minimum selling $ 150.00 (one hundred fifty pesos 00/100 MN). In this regard, THE STORE agrees that if their sales made does not exceed the minimum sales, these will accumulate until the amount is equal to or higher than the minimum established for the corresponding settlement without this involves additional payment of commission, interest or any other amount derived from the receipt of funds by KICHINK.

THE STORE accepts commissions described above by way of consideration for services rendered by KICHINK may be amended, for which, KICHINK shall communicate to THE STORE the changes made in committee with at least 30 days in advance by KICHINK make a notice electronically, must accept THE STORE new Terms and Conditions to continue the provision of services.

THE STORE is solely responsible for the information bank CLABE registered for payment of sales, if you have errors or failure to receive payment from KICHINK, you will notice this (s) situation (s) to THE STORE and delayed payments until the completion of the request at any time involve additional payment of commission, interest or any other amount derived from the receipt of funds by KICHINK.

THE STORE accepts and releases responsibility to KICHINK for unsolicited payments older than 1 (one) year. THE STORE also releases liability to KICHINK for payment requests when THE STORE provides erroneous bank details and / or inability to pay for issues attributable to THE STORE.

CONTRACTUAL PENALTY

The SHOP must confirm the purchase order and schedule the collection of the product or products purchased within a maximum period of 72 working hours after the purchase by the BUYER. Likewise, you must maintain the stock of your products updated, which should be sufficient to cover the existing demand in your store. In the understanding that, in case of not doing so, THE STORE shall pay a conventional penalty equivalent to the percentage of commission previously agreed between KICHINK and THE STORE, plus the shipping cost selected by the BUYER. In this sense, the STORE authorizes KICHINK to deduct these amounts in whole or in part from any balance pending payment by the STORE.

PROTECTION OF INTELLECTUAL PROPERTY OF THIRD PARTIES

They may only be published and offered products and services that do not infringe intellectual property or other rights of a third party. THE STORE accepts and recognizes that KICHINK serves as a facilitator of electronic commerce between the users, so that in no circumstances and under no circumstances can be held responsible in case intellectual, industrial property or other rights are violated a third party. Likewise, the resulting third holder of the rights may identify and request removal of those products at its discretion infringe or violate their rights; for this course, KICHINK will have the power to remove temporarily or permanently the product or products including the complete THE STORE pending a check and verify that THE STORE has the rights or licenses required to publish and sell the products without any liability to KICHINK.

KICHINK´s INTELLECTUAL PROPERTY PROTECTION

The KICHINK Websites are owned and operated by KICHINK and / or its affiliates or subsidiaries and are protected by the laws of copyright and industrial property applicable in Mexico, as well as international treaties on the subject concluded by Mexico. The copyright on the content and software provided always be owned by KICHINK.

All rights not expressly granted in these Terms and Conditions of Use material KICHINK Web sites may not be reproduced, distributed, or transmitted in any form without prior written permission of KICHINK reserved. No link to any of the websites KICHINK can be created without the express written permission of KICHINK. Users of any of the Websites KICHINK can download a copy of all or part of the material on such Web sites for personal use and not for commercial purposes, provided they do not modify or alter the material in any way or is removed or modify any advice or legend in copy right. KICHINK hereby expressly states that granted or implicitly intended to authorize the sale or granting any right or license to impose on such material. All material contained on the Websites of KICHINK be published only for lawful purposes.

FORBIDDEN ACTIVITIES

THE STORE agree to refrain from: (i) share names users, passwords or other access information to enable entry to protected platforms of any website KICHINK to an unauthorized third party; (ii) participate in or facilitate activities spamming; (iii) publish, distribute or transmit advertisements or promotional materials unauthorized, chain letters, junk mail or any other type of mass unsolicited email, to individuals or entities that have not agreed to be part of that correspondence; (iv) omit, delete, forge or modify information about transmissions, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any individual or entity, or falsely state or otherwise misrepresent the link to any individual, or omit, delete, forge or intentionally manipulate information transmissions, including headers, returned mail and addresses Internet protocol, or otherwise manipulate identifiers to disguise the origin of any content transmitted to or through any of the Websites KICHINK; (vi) distribute or transmit any content without the right to do so; (vii) send harassing messages and / or threatens others; (viii) engage in activities inundation (flooding), that is, as ICMP flooding and mail bombing (the term flooding is used as sending large amounts of email repeatedly to the same email address), and (ix ) modify, adapt, translate or reverse engineer any of the websites KICHINK, (x) publish physical products under the category of digital product and agree with the buyer the delivery of the product on its own account or that of a third party outside KICHINK..

KICHINK reserves the right without any responsibility to suspend the service to the STORE that incurs in any of the practices indicated in this section and even to permanently cancel the STORE that repeats.

ILLEGAL BEHAVIOR

THE STORE agree not to: (i) use the Websites KICHINK for illicit purposes, in violation of the laws and regulations, any provision of any national stock market or otherwise, and any regulations having the force of law; (ii) publish Web pages that contain links that initiate downloads of material in frank violation of intellectual property rights or that is unlawful; (iii) harassing or electronically harass another person; (iv) engage in any Internet activity that violates the privacy rights of others, including without limitation, collect and distribute information about users Internet without your permission, except as permitted by law, and (v) make raffles, sweepstakes or contests online that violate applicable laws.

Any of the above assumptions empowers KICHINK to freeze any unpaid balance to THE STORE until the competent authority on the subject determines the course of action and destination of such balances.

DISRUPTIVE BEHAVIOR

As a further condition for the use and access to websites KICHINK, THE STORE agree not to: (i) publish, distribute or transmit any worm, virus, file or other computer code, files or harmful program through the web sites of KICHINK ; (ii) enter or enter information obscene or mechanisms to capture or distort information or hyperlinks (links) or unauthorized advertising; (iii) implement any program that provides a service or resource to others, including without limitation, re-routing ports, proxy servers; (iv) interfere, affect or impair in any way the KICHINK Websites or servers or networks connected to such sites; (v) run programs or equipment specially configured so as to maintain active connection marked though not use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (vi) use the Websites KICHINK in violation of the provisions of any other provider websites, such websites, chat rooms or similar elements sites; (vii) use the Websites KICHINK to access the accounts of others without their permission; (viii) attempt to violate the security measures KICHINK or another entity, or obtain or bypass others passwords, and (ix) engage in denial of service, that is, actions designed to affect access to the bombarding a site network or Internet network with useless traffic.

PRIVACY

Pursuant to the Federal Law on Protection of Personal Data in Possession of Individuals, KICHINK is responsible for your personal information. In this regard, we suggest you read the Privacy Notice, which the handling of personal information is subject at www.kichink.com.

AGE RESTRICTIONS

KICHINK websites are designed to be used by individuals who are at least 18 years of age onwards age or the age of majority established by the authorities of the place of residence of the user. The user less than 15 years old should get help from a parent or guardian to use the Website.

KICHINK´s EXCLUSION OF LIABILITY

By using KICHINK websites, you expressly agree that use of KICHINK websites is at your own risk. KICHINK websites are offered as is and as available. KICHINK not guarantee that the use of KICHINK websites will be uninterrupted or inadvertent errors. KICHINK does not guarantee the accuracy, integrity or completeness of the content presented on the web sites of KICHINK or products or services offered on the web sites of KICHINK.

KICHINK expressly disclaims guarantee, either express or implied, including without limitation through the granting of any collateral on property, merchantability or fitness required for a specific purpose fully possible under applicable laws. No verbal information provided by KICHINK constitutes any guarantee.

KICHINK not be responsible under any circumstances for any direct, indirect, incidental, special or consequential damages caused by misuse or inability user of websites KICHINK, including without limitation, any damages that may arise in if the user is supported by information published through the sites of KICHINK, resulting result from an error, omission, interruption, deletion and / or corruption of some file. This paragraph shall apply to all content, products and services offered through any of the websites KICHINK and that it is not under the control or that has not been possible to prevent or avoid by KICHINK.

KICHINK in no way guarantees the accuracy and quality of products, services, information, or any other material which is purchased or obtained through the websites of KICHINK, just as KICHINK does not guarantee that the products purchased meet or be met with expectations Buyer.

In any case KICHINK be liable for any lost profits or any special, incidental, or consequential damages arising from the use of our site, our services, or this agreement when they occur by accident, force majeure or by fault or negligence of some third. THE STORE agrees to indemnify and hold KICHINK harmless from any claim or demand, including reasonable attorneys' fees, when a procedure or any legal action is filed against KICHINK, its subsidiaries or affiliated companies was started, for reasons attributable to THE STORE, including without limitation violating these Terms and Conditions, any contract concluded with KICHINK, applicable laws and / or third-party rights.

THE STORE acknowledges and agree that the content or postings on the websites KICHINK may contain references or cross references to products, programs, services or links to web sites and resources that are not owned by KICHINK references. KICHINK makes no representation or gives any guarantee or commitment of any website other than KICHINK or on third-party resources whether they are referenced, which can be accessed directly, or have a link to any website KICHINK. A link to a website other than KICHINK not means that KICHINK endorses the content or use of such Web site or its owner. Also, KICHINK is not part or assume obligations in any transaction that THE STORE can make with third parties, even when THE STORE learns of such parties (or use a link to connect with such third parties) through a KICHINK Site. Therefore, THE STORE acknowledges and agree that KICHINK is not responsible for the availability of such external sites or resources, nor for any content, service, product, or other material that can be found on such sites or resources. Depends solely if THE STORE takes precautions to protect against viruses, worms, Trojan horses, and other items of a destructive nature, and protect your information as you deem appropriate.

RETURNS

The buyer may request to change a product or refund your money if the product in question, not on the restricted list and the claim is made within the first 5 days after receiving the order respective purchase. The costs of the return or change requested by the buyer will not be covered by KICHINK. Mechanics return

TYPES OF RETURNS

To return the product(s), the following options are available:

1. Evaluation by specialized staff: If the merchandise is defective, a technician’s visit to the BUYER’s address can be scheduled, at the discretion of KICHINK, to evaluate if the product in question should be exchanged or repaired.

2. Physical exchange of the merchandise: If a physical exchange of the product is requested, The BUYER shall indicate the reason for the exchange and specifications of the product requested. If exchange applies, the merchandise could be delivered to The BUYER’s address. The returned product shall be in perfect condition, at the discretion of KICHINK, including the packaging and original label. Under no circumstance shall we make physical exchanges of the products listed in the Restrictions section. Only if the reason for the exchange can be solely and exclusively attributed to KICHINK, a new product shall be sent to the BUYER, free of charge. If, on the other hand, the reason for the exchange is attributed to the BUYER, all shipping costs, expenses, and additional expenditures shall be paid solely and exclusively by the BUYER, by means of payment described above. In the case of change applications attributable to THE STORE, this will be in the need to cover the necessary costs for the replacement of the product purchased; such expenses shall be paid to KICHINK.

Only in case the change is attributable to KICHINK, a new product can be sent without charge to the BUYER or THE STORE. On the other hand, if the change is attributable to the BUYER, the costs, expenses, and other expenses for the shipment will be borne solely and exclusively by the means of payment indicated by KICHINK or the Aggregator. In the case of exchange requests attributable to THE STORE, it will be the one that must cover with the necessary expenses for the substitution of the acquired product; such expenses shall be paid to KICHINK.

1. Subscription to your Kash® account: The BUYER shall request a full refund of the price of the returned product to the credit account used to pay said product; however, the shipping cost shall not be reimbursed and, under no circumstance, shall it be paid by KICHINK.

2. Credit card or debit card payment: The Buyer may request the payment of the amount of the product returned to the credit or debit card with which the product was paid; Dispersion that will be carried out by the Aggregator and will be governed by the times established both by this and the banking institutions involved; However, the cost of the shipment cannot be reimbursed and in no case will be absorbed by KICHINK.

3. Coupon: The Buyer may request a coupon for the total amount of his purchase, the coupon may be used by The Buyer to make another purchase at THE STOREs affiliated with Kichink, within a period not exceeding 90 days. Once the 90 days are completed, the coupon will be invalid, so no purchases can be made at any of THE STOREs affiliated with Kichink.

BUYER CANCELLATION

If THE STORE cancels one or more orders which have been paid by the Purchaser in full, KICHINK proceed with the refund of the amount paid to the Buyer. Also, KICHINK reserves the right to charge to THE STORE's commission for the (s) transaction (s) made (s) even when such cancellation is notified beforehand. In this regard, THE STORE authorizes KICHINK to deduct the resulting amount of total commissions from transactions canceled by THE STORE if you have a credit balance, so KICHINK must settle to THE STORE the remaining amount on the agreed dates both sides.

If THE STORE does not take credit balance, you must pay the amount resulting from the sum of the fees for transactions canceled in a period not exceeding five (5) working days from the cancellation(s) order(s). This applies to products, services, and digital products.

CANCELLATION BY THE STORE

If THE STORE cancels one or more orders which have been paid by the Purchaser in full, KICHINK proceed with the refund of the amount paid to the Buyer. Also, KICHINK reserves the right to charge to THE STORE's commission for the (s) transaction (s) made (s) even when such cancellation is notified beforehand. In this regard, THE STORE authorizes KICHINK to deduct the resulting amount of total commissions from transactions canceled by THE STORE if you have a credit balance, so KICHINK must settle to THE STORE the remaining amount on the agreed dates both sides. If THE STORE does not take credit balance, you must pay the amount resulting from the sum of the fees for transactions canceled in a period not exceeding five (5) working days from the cancellation (s) order (s). This applies to products, services, and digital products.

FRAUD PREVENTION

KICHINK has implemented the Fraud Prevention activity where the buying behavior of the BUYERS will be analyzed. If the transaction is found to be a potential risk of fraud, KICHINK shall have the full right to cancel the BUYER's Purchase Order or to stop the delivery of the product and / or service, if THE STORE notwithstanding this security measure Adopted by KICHINK requests the dispatch of the Purchase Order to the BUYER, any consequence of the delivery of the product and / or service or of the continuity of the sales process, such as, but not limited to: Charges, demands, loss of the product, payment Non-service, etc. Would be absorbed by THE STORE, with an additional charge of 3% of the Total Transaction for Administrative Expenses.

The withdrawal of the KICHINK portal, does not exempt from its responsibility for payment for operations carried out during the validity of the KICHINK portal.

Kichink has implemented technological and human controls to prevent unrecognized charges. In the event that a cardholder files a claim with their financial institution, issuer of the card that was used to make the payment, Kichink is entitled to retain up to 100% of your unpaid sales due to the prevention administration fee of fraud of your pending payments in case the amount that the payment processor that retains Kichink exceeds 15% of your accumulated sales in the month immediately prior to the collection date by the financial institution.

The discount of the fraud prevention fee will be made in the immediate payment following the date of receipt of notification of unrecognized charge.

Kichink will promptly communicate the unrecognized charge notification prior to the discount on the next payment.

In the event that unrecognized charges exceed 50% of your sales in two consecutive months, Kichink reserves the right to eliminate the option of card payments or suspend your store.

NOTIFICATIONS

KICHINK and its affiliates exercise their intellectual property rights fully of the law. If you have questions about the previously expressed legal notices; you may contact the Legal Department KICHINK:

KICHINK's home is in Sonora 113, Int. 501, Roma Norte, Cuauhtémoc, ZC 06700, México City.

Notifications will be valid at the addresses established by KICHINK and THE STORE and will be presumed received no later than five business days from the date of receipt on the delivery acknowledgment.

OBSERVANCE OF THE TERMS OF USE

These Terms and Conditions are governed and interpreted in accordance with the laws of Mexico, without reference to its provisions on conflicts of law. All disputes on the validity or interpretation of these Terms of Use or its implementation shall be resolved exclusively by a competent court located in Mexico City, which will be the only venue for any dispute. If any part of these Terms of Use becomes illegal, invalid, or unenforceable, that portion shall be severed and shall not affect the validity and enforceability of the remaining provisions. KICHINK may modify these Terms of Use at any time by updating this publication and the SHOP accepts all modifications by continuing to use the services provided by Kichink.

KICHINK SERVICIOS, S.A. DE C.V.