GENERAL INFORMATION

This website is operated by Modini Mexico. Throughout the site, the terms “we,” “us,” and “our” refer to Modini Mexico. Modini Mexico offers this website, including all information, tools, and services available on this site, to you, the user, subject to your acceptance of all terms, conditions, policies, and notices set forth herein.

By visiting our site or purchasing something we offer, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein or made available via hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are visitors, providers, customers, merchants, or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are deemed an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current services will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1: ONLINE STORE TERMS

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any viruses, worms, or code of a destructive nature.

Failure to comply with or violation of any of the Terms will result in the immediate termination of your services. 

SECTION 2: GENERAL CONDITIONS

We reserve the right to deny service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We shall not be liable if the information available on this site is not accurate, complete, or up-to-date. The material on this site is provided solely for general informational purposes and should not be taken as definitive or used as the sole basis for making decisions without consulting more accurate, complete, or timely primary sources of information. Any reliance you place on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4: CHANGES TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice. 

We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without notice.

We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the service. 

SECTION 5: PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy: https://modinishop.mx/policies/refund-policy

We have made every effort to display as accurately as possible the colors and images of our products appearing in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. Product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that errors in the service will be corrected.

SECTION 6: ACCURACY OF BILLING INFORMATION AND ACCOUNTS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we modify or cancel an order, we will attempt to notify you by contacting you via email or using the billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by sellers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

For more details, please review our Refund Policy: https://modinishop.mx/policies/refund-policy 

SECTION 7: OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor and over which we have no control or involvement. 

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We are not responsible for your use of optional third-party tools.

Any use by you of the optional tools offered through the Site is entirely at your own risk, and you should ensure that you understand and agree to the terms under which the relevant third-party providers provide the tools. 

We may also, in the future, offer new services or features through the Site (including the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service. 

SECTION 8: THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include third-party materials. 

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant or assume any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products, or services. 

We are not liable for any damages or losses related to the purchase or use of goods, services, resources, or content, or for any other transactions conducted in connection with third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before conducting any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.

SECTION 9: COMMENTS, OPINIONS, AND OTHER USER SUBMISSIONS

If, at our request, you submit specific proposals (e.g., contest entries) or, without our request, submit creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, by mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you submit to us. We are not and will not be obligated (1) to maintain the confidentiality of any comments; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes upon any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any third-party rights, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or illegal material, abusive or obscene content, or computer viruses or other malicious programs that could in any way affect the operation of the service or any related website. You may not use a false email address, impersonate any person other than yourself, or mislead us or third parties as to the origin of the comments. You are solely responsible for the comments you make and their accuracy. We are not responsible for comments posted by you or by third parties.

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).

We do not undertake to update, modify, or clarify the information on the Service or any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.

 SECTION 12: PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or ordinances; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to send false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, or secure, or that it will be error-free. 

We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may suspend the Service for indefinite periods or discontinue the Service at any time, without notice.
You expressly agree that your use of the Service, or inability to use it, is at your sole risk. The Service and all products and services delivered to you through the Service are provided (unless we expressly state otherwise) “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Modini Mexico, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages or losses of any kind, including, but not limited to, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any of the Services or products purchased through the Service, or any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or made available via the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Modini Mexico and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents incorporated by reference herein, or your violation of any law or the rights of a third party. 

SECTION 15: SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of the remaining provisions. 

SECTION 16: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date of this agreement shall survive termination for all purposes. 

These Terms of Service shall remain in effect unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site. 

If, in our sole discretion, you fail to comply with, or we suspect you have failed to comply with, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; or, as a result, we may deny you access to our Services (or any part thereof).

SECTION 17: ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18: GOVERNING LAW

These Terms of Service and any separate agreements pursuant to which we provide you with Services shall be governed by and construed in accordance with the laws of Mexico.

SECTION 19. CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website or the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

SECTION 20: CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to info@modinishop.mx. 
Our contact information is provided below:
Company: Modini México S de RL de CV
Email: info@modinishop.mx 
Address: Av. Ferrocarril de Cuernavaca 416 - PB Polanco, Miguel Hidalgo C.P.11560, Mexico City
Phone: +52 56 3546 3318
RFC: MME241105DJ0