Terms and Conditions

I.- GENERAL CONDITIONS.

This commercial contract (the “Contract”) establishes the general terms and conditions (the “Terms and Conditions”) that will be applicable to the users of the digital and computer platform (the “Platform”) owned by ATLANTICOMEX SOCIEDAD ANONIMA DE CAPITAL VARIABLE, as well as to the access and use of the website located at the electronic URL address www.maximarket.mx (the “Website”) and any portals, developments and/or additional or auxiliary programs that, directly or indirectly, MaxiMarket uses to provide its services. In this instrument, MaxiMarket may be referred to, interchangeably, as the “Company” or “we”; likewise, the phrases “our” or “our” shall be understood to refer to MaxiMarket. The Terms and Conditions may also be referred to, interchangeably, as the Contract, “this document” or “this instrument”.

These Terms and Conditions are addressed to users of the Platform and are applicable and binding to them at all times as users and are addressed exclusively to users located in the territory of the United Mexican States (“Mexico”). All natural persons who register and subsequently access or use the Platform, via any device or computer, will be referred to as “Users”. In particular, natural persons who carry out a Transaction (as defined below) will be identified as Users.

These Terms and Conditions are intended and directed to regulate the conditions of registration, affiliation, access, use and exploitation of the Digital Media, as well as the provisions applicable to the Transactions that Users enter into with the Company (together, the “Services”).

 

II.- EXPRESS ACCEPTANCE.
 

Prior to using the Digital Media, the User must read and agree to these Terms and Conditions, which will be available for their knowledge in the Digital Media and may be displayed to the User for their express acceptance, which will be done by electronic means and by filling out and/or checking boxes, options or acceptance buttons expressly enabled in the Digital Media for such purpose, the foregoing based on the second section of Article 1803 of the Federal Civil Code and its corresponding and applicable Civil Codes of the Federative Entities of the Mexican Republic. The use of the Digital Media by the User will be understood as tacit acceptance of these Terms and Conditions, for which reason they will be applicable to the User in their entirety and the User must conduct himself in compliance with them.

 

Users declare and guarantee that, prior to the direct or indirect use of any of the Digital Media, they have expressly accepted each and every one of the provisions contained and provided for in these Terms and Conditions, as well as the corresponding subjection to them, in terms of the preceding paragraph. In the event that the Company is not aware of the prior acceptance by any User of the provisions of this instrument, the Services will not be enabled.

 

In the event that Users for any reason do not wish to be bound by the exact Terms and Conditions set forth in this Agreement, or do not agree with all or part of the provisions contained herein, they must refrain from registering and using the Digital Media and, where applicable, from using the Services or entering into any Transaction, in addition to immediately abandoning any Digital Media that they are using or have used or where they have registered. The Company shall guarantee the right of Users to revoke their consent regarding the acceptance of this instrument, in which case it will be sufficient for the User to communicate this to the Company's Customer Service and Support Center. For which the Company, within the following three days, must acknowledge receipt of said request so that within the following ten days it may take the necessary actions to cancel the User's account, which will be confirmed by sending an email confirming that the account has been deleted, to the address that the User has provided for the account.

 

III.- DEFINITIONS.

 

For the sake of clarity, we will use defined terms. For the purposes of these Terms and Conditions, terms that appear in capital letters and that have not been defined differently in various sections of this document, will have the meaning attributed to them below:

“Virtual Cart” refers to the computer tool deployed in the Digital Media that will allow the User to identify the Product(s) that he/she has preselected to carry out a Transaction, from time to time.

“Promotional Code” refers to the alphanumeric codes that the Company may distribute through any advertising media to grant discounts or benefits that the Company determines from time to time to Users, subject to the conditions included in the terms and conditions applicable to such discounts or benefits. Such discounts and/or benefits will be reflected once all the products are in the Virtual Shopping Cart or will be sent to the user later, as the case may be.

“Consideration” refers to the amount, expressed in Mexican pesos (MXN), that will be paid by the User and in favor of the Company for each Transaction, which will be the result of the arithmetic operation of adding the Prices of the Product(s) selected in the Virtual Cart at the time the User chooses the payment option and subsequently, adding the Shipping Fee. Where applicable, the result of the previous operation will be subtracted from the amount covering any Promotional Code validly entered by the User as well as the amount of the Balance in Favor that the User has in his/her favor.

“Payment Method” refers to the payment method selected by the User when placing the Order, which may be cash, credit card, debit card, service card, food voucher card or any other electronic payment method accepted on the Platform or at the time of delivery, including, where applicable, the Credit Balance, with which the amount of the Consideration will be covered.

“Order” refers to the Product(s) that have been prepared, packaged and/or wrapped for delivery to the address designated by the User, following the execution of a Transaction.

“Prices” refers to the amounts set as prices for each Product, which will be displayed on the Digital Media and may be estimated by unit amount, by unit of measurement or weight (grams, kilograms, etc.) or by any other method indicated in the corresponding publication, and may be subject to changes or modifications from time to time. Unless expressly indicated otherwise, the prices of the Products will include the Value Added Tax (VAT), where applicable, the Special Tax on Production and Services (IEPS) and any other taxes that may be applicable according to the jurisdiction of the delivery point of the Order, the amount of which will be expressly itemized in the corresponding Receipt and tax invoice. The prices do not include the Shipping Fee.

“Products” refers to the goods and merchandise marketed through the Digital Media, including, but not limited to, all types of food (cereals, dairy products, fruits, vegetables, meat, poultry, seafood, fish or any other category), which may be packaged, canned, processed, semi-processed, refrigerated, frozen, fresh, packed or in any other presentation; beverages (juices, soft drinks, bottled water, soda, sports drinks, energy drinks, dairy products, coffees, teas or any others); alcoholic beverages (wines, liquors and beers); cleaning, personal hygiene and beauty products; household cleaning products marketed; pet food and/or any other product advertised by the Company in the Digital Media.

“Receipt” refers to the virtual receipt generated by the Platform for each Transaction.

“Balance in Favor” refers to the balance that the client may have derived from the difference in the weight of the delivered items, in the event that any of the items are not delivered in accordance with these Terms and Conditions, or in the event that, derived from a Promotional Code or benefit provided by the Company, a certain amount is credited to said Balance in Favor to be used by the Client in the purchase of products on the Platform and which may serve as a Payment Method exclusively on the Company's Platform.

“Shipping Fee” refers to the amount to be paid by the User to the Company or, where applicable, to the third party through whom the corresponding Order is placed, to cover the operational costs of home delivery of the Products. It is not considered a tip for the Company's delivery person or the third party through whom the Order is placed.

“Transaction” refers to the commercial transaction of purchase and sale of one or more Products selected in the Virtual Shopping Cart, with the User acting as the buyer and the Company as the Seller.

The terms defined above may be used throughout this document, interchangeably, in the singular or plural; in the masculine, feminine or neuter; without such use modifying their meaning. In the event that the terms defined in this section have been given an explanatory meaning in other sections of this document, both meanings shall be read and interpreted together. The terms defined exclusively in various sections of this instrument shall have the meanings attributed to them there.

 

IV.- ACCESS AND USE OF DIGITAL MEDIA.

 

Users must register on the Platform, accessing it through the Website, in order to obtain an account and a password (the “User Account”). Users must provide the corresponding personal information in all fields, with valid, accurate and truthful data. Users are obliged to keep the aforementioned personal information updated at all times. MaxiMarket reserves the right to request, at any time, certain information or documentation from Users in order to verify the veracity of the information provided, as well as to temporarily suspend User Accounts whose information has not been corroborated, or those accounts that are deemed to have been created for fraudulent purposes, with the Company being obliged to keep the documentary or instrumental backup necessary to support any respective claim.

The process of creating a User Account is as follows:

1. The User must choose the option to register and enter the following data: (i) full name; (ii) an email account; and (iii) a password. MaxiMarket may enable linked access through social network accounts or through Gmail®, in which case, the User will be responsible for the authenticity of the accounts associated with said linked accesses.
2. Subsequently, the User must enter the following data: (i) mobile phone number to be contacted regarding orders; (ii) delivery address(es); and (iii) information on the chosen Payment Method.

 

Done. Your User Account will now be created. Users may modify the information provided when creating their respective accounts, following the instructions provided in the Digital Media for this purpose.

 

All Users declare that they have the capacity to enter into contracts, in accordance with the legislation applicable in their respective domiciles. Only persons who are of legal age, that is, eighteen (18) years old at the time of registering on the Platform, may request the activation of a User Account. In the event that a minor registers on the Platform, the persons who have parental authority, guardianship or supervision of the minor will be jointly liable for any damages and/or losses that may be caused by the minor.

 

Users shall be responsible at all times for the safekeeping of their password, and shall therefore be liable for any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of the same. In the event of forgetting the password or any other circumstance that poses a risk of access and/or use by unauthorized third parties, the User shall immediately notify the Company's Customer Service and Support Center, so that the Company may immediately proceed to block and replace it. In any case, any operations carried out before said communication shall be deemed to have been carried out by the User.

 

V.- TRANSACTIONS.

 

The execution of a Transaction shall be subject to the following provisions:

Transactions. Users may use the Digital Media to select the Product(s) of their interest and place them in a Virtual Shopping Cart, specifying the product chosen and the quantity requested. At any time, the User may choose to make payment for the Product(s) selected, from time to time, in the Virtual Shopping Cart. When selecting the option to pay, confirm order, or any other similar option, a Transaction will be deemed to have been made. For each Transaction, the User authorizes the Company to charge the Consideration to the Payment Method. The User will receive a Receipt for each Transaction, which must be downloaded and kept.

 

Prices. MaxiMarket will make its best efforts to offer competitive prices and to integrate small and medium-sized producers into its distribution chain to contribute to this purpose. Because many Products with variable weight will be prepared and weighed individually for you, the Price that appears in the Virtual Shopping Cart will be based on an estimated weight. In the event that the final amount has varied, the corresponding adjustments will be made and that last amount will be the one that is actually charged to the Consideration. Prices may be subject to change from time to time, and it is the User's responsibility to complete the Transaction.

 

Product Specifications. Product characteristics and specifications may change without notice. Product images shown on the Platform are for illustrative and reference purposes only, and therefore the appearance of the Product actually delivered may vary from those images.

Temporary charges. The User accepts and acknowledges that the Financial Institution issuing the Payment Method selected by the User may make a temporary charge in order to validate the suitability of the Payment Method. The Company must request the cancellation of the movement of the temporary charge at the time when the User confirms the suitability of the Payment Method. In this regard, the User acknowledges that the Company, once said charge has been cancelled, has no control over the period in which the corresponding amount will be reimbursed, therefore, any claim related to said temporary charge must be made by the User directly to the Financial Institution issuing the Payment Method that has been registered on the Platform and selected for the Payment. Therefore, the User exempts MaxiMarket from liability for any delay in refunds that may be due with respect to said temporary charges.

 

Availability. All Products offered on MaxiMarket are subject to availability. In certain cases, there will be Products that report immediate availability and others that have one or more days to wait before they are available to the User. In the case of Orders that report Products with immediate availability and others that do not report such availability due to time or due to the specific shipping address, the Company will cancel the shipment of the unavailable Products. The merchandise is subject to stock, so the delivery time may vary upon prior notice from the Company, or even the order may be cancelled and the payment refunded if it is not a resalable or existing Product.

 

Unavailable Products. Certain Products may not be available once the User has made the Transaction, specifically perishable products, due to reasons beyond the Company's control (e.g. excess demand, spoilage of perishable products, delays by suppliers or quality below our standards). In this case, the User may request the replacement of the product(s) whose availability has run out, through an electronic coupon covering the value of the unavailable Products, which will be credited to the Credit Balance;

Suggestion of new product(s). The User may suggest to the Company the inclusion of one or more new products in its catalogue by sending an email to yanina@maximarket.mx.

Alcoholic beverages. The Company will only sell alcoholic beverages to persons over eighteen (18) years of age. The User acknowledges that, when creating his/her User account, he/she declared that he/she was over 18 years of age. Likewise, the User shall be the sole party responsible for all Orders placed through his/her account. The delivery person associated with the Company, or the third party through whom the delivery is made, shall have the power to verify that the person receiving the Order is of legal age, by requesting an official means of identification. Otherwise, the Company will not deliver the products for which it is required to be over 18 years of age, and the amount of said products will be credited to the Balance in Favor of the User.

Minimum Purchase. MaxiMarket reserves the right to establish a minimum purchase amount for each Transaction.

Tipping. Users will be free to compensate the Company's delivery partners with a tip.

Bulky products. In order to safeguard the safety of our delivery partners, MaxiMarket may establish weight or quantity limits per Product or per general Order, for each Transaction. In this case, the User may make one or more additional Transactions to fully satisfy their needs.

Promotional Codes. Promotional Codes will have a maximum validity of up to seven (7) calendar days from the day they have been promoted to the general public, unless otherwise expressly stated in the promotion text.

 

VI.- DELIVERY.

 

Delivery of the Products will be subject to the following provisions:

“My Orders” section. Users may consult their current Order(s) using the option enabled for this purpose in the Digital Media.

Associated delivery partners. The Company shall be free to contract or subcontract with third parties, under any applicable legal title, for the purposes of entrusting them with the delivery of the Orders, without this exempting MaxiMarket from being responsible for the full delivery of the Order.

 

Orders through other applications. Users may place orders through those applications with which the Company has an agreement, for example, Rappi®, in which case the Shipping Fee will be that which corresponds to the Terms and Conditions of the corresponding application. The User acknowledges that the delivery of any order made through said applications is not under the control of MaxiMarket, and therefore, the Company will not be liable for any action or omission carried out by the delivery people who carry out the delivery of the products.

Delivery address. At the time of making a Transaction, the User may indicate an address to verify delivery of the Order. In the absence of express designation, the delivery address will be deemed to be the one indicated by the User at the time of registering on the Platform.

Delivery time. The Company offers two delivery methods:

 

Same Day Delivery:

 

To choose this option, the User must select an available delivery time and place his/her Order at least three (6) hours in advance of the selected time, and said Order must be for an amount greater than the minimum value that the Company will establish and will make known to the User through the Platform at the time the User is selecting the delivery time. The “Same Day” option is delivered on the same day the Order was placed and for this purpose the Company may set a Shipping Fee, which will appear for the User's knowledge through the Platform at the time the order is to be placed. The Company may set an amount and make it known to the Client through the Platform, and in the event that the Order exceeds said amount, the Shipping Fee will not be charged.

 

The schedules under this modality will be programmed in the boxes that are available within the Digital Media.

 

Delivery in “Next Days” mode:

The “Next Days” option is delivered on the following days after the Order has been placed. To do so, the Company may set a Shipping Fee, which will appear for the User's knowledge through the Platform at the time the order is placed. The Company may set an amount and make it known to the Client through the Platform, and in the event that the Order exceeds said amount, the Shipping Fee will not be charged.

The schedules under this modality will be programmed in the boxes that are available within the Digital Media.

Authorized persons. Through the options enabled in the Digital Media, Users may authorize any person to receive the Orders. In the case of alcoholic beverages, authorized persons must be of legal age. The User and the persons who are physically present at the address designated for delivery will always be deemed to be authorized persons to receive the Order. Delivery verified with authorized persons will be deemed to have been legally made with the User. The User or the person authorized to receive the Order must ensure, in accordance with the sheet containing the description of the Order, that all the Products have been delivered and, if any are missing, describe it in the “comments” section of said sheet. In the event that the User or whoever receives the Order does not sign the corresponding sheet, all the products in the Order will be deemed to have been delivered.

Delivery and tolerance time. The Company will have a tolerance time to deliver the Order according to the delivery time selected by the User, of thirty (30) minutes. Once the associated delivery person arrives at the delivery time, as a first point of contact with the User, he will ring the bell or, if applicable, request assistance from the security and surveillance personnel. In the event that the User or any person authorized to receive the Order is not present, the associated delivery person may contact him by telephone to try to locate him. Without exception, the maximum tolerance time to wait for a person to receive the Order will be five (5) minutes. The Company will not be responsible for possible delays in delivery that occur due to force majeure events or fortuitous events described later in the “risk situations” section.

Failed delivery. In the event that the associated delivery person has not been able to verify the delivery of the Order due to issues attributable to the User, the User must contact the Company in order to reschedule the delivery of the Order. In this case, the User must pay MaxiMarket an administrative fee equivalent to 20% (twenty percent) of the Consideration, in addition to paying the Shipping Fee again. Considering that MaxiMarket is a virtual market without warehouses for storage, the User will have a maximum of three (3) calendar days to complete the redelivery of the Order, otherwise, the Transaction will be cancelled, in which case the Consideration will be returned to the User, after deducting an administrative cancellation fee equivalent to 35% (thirty-five percent) of the Consideration.

Risk situations. At MaxiMarket we care about the safety of our delivery partners. If the weather, environmental or public safety conditions related to the delivery address put the safety of our delivery partners at risk, there may be delays not attributable to the Company or it may be impossible to verify delivery in certain locations. In the latter case, we will contact the User to reschedule or re-arrange the delivery of the Order. If the above is not possible, a full refund of 100% (one hundred percent) of the Consideration paid for the Order will be made to the User.

Incomplete Order. In the event that an Order is incomplete due to having sent fewer Products than those requested by the User, or a Product in a smaller quantity than required, the User must inform the Company of such situation. In any case, if the payment was made at the time of accepting the Order, a pre-authorized charge will have been made, which must be corrected once the Company has been notified of said situation, for which, at the User's choice, a credit may be made to the Payment Method as a refund or the corresponding amount will be credited to the User as a Credit Balance to be used on the Platform.

Delivery Zone. MaxiMarket will only accept Orders and therefore make deliveries to addresses within the delivery zone, which will be determined from time to time by the Company and can be confirmed when registering the address for delivery within the Platform. For any questions regarding the coverage of the delivery zone, please contact the Company at yanina@maximarket.mx 

 

VII.- EXCHANGES, RETURNS AND CANCELLATIONS.

 

All changes, returns and cancellations of an Order will be subject to the following provisions:

 

Exchange Policy. With the exception of fresh Products or those requiring refrigeration, the User may request exchanges or substitutions of the Products that make up a Transaction, until 11:59 p.m. on the day on which delivery of the Order has been selected, in which case the corresponding adjustment will be made to the Consideration. Except for reasons attributable to the Company, changes or substitutions of Products will not be accepted the day after the Transaction has been made. In the event that the Order is already in progress, the delivery must be cancelled and the User must pay the Shipping Fee again, which will be charged at the time of requesting the Exchange. For the exchange of any product, the Company will have a period of three (3) business days to collect said product from the User's address and deliver the replacement Product.

Return Policy. Returns for defective Products, considered as such those products that are expired, will be subject to the following: (i) in the case of perishable Products, if the User is not completely satisfied with their condition, the User will receive a credit in their Credit Balance equivalent to 100% (one hundred percent) of the Price paid for them, without being obliged to return them to the Company; and (ii) with regard to non-perishable Products, the Price paid for them will also be credited in the Credit Balance, and an associated delivery person will go to collect them at the User's address. Returns will not be accepted outside the deadlines established below.

 

1. Durable goods:

 

In this case, the User will have a deadline of twenty-four (24) hours after the User has received his/her Order to notify MaxiMarket of the return request. Returns will not be accepted after the aforementioned deadline. The User must contact our customer service email channel (yanina@maximarket.mx). Our representatives will inform the User of the procedure to follow for the return of the product and complete the procedure for the respective refund to the User's Favorable Balance.

 

The User must contact our customer service email channel (yanina@maximarket.mx). Our representatives will inform the User of the procedure to follow for the return of the product and complete the procedure for the respective refund in credits or in national currency.

 

2. Perishables:

 

In this case, the User will have a deadline of seventy-two (72) hours after the User has received his/her Order to notify MaxiMarket of the return request. Returns will not be accepted after the aforementioned deadline.

 

The User must contact our customer service email channel ( yanina@maximarket.mx ). Our representatives will inform the User of the procedure for the respective refund of the User's Favorable Balance.

 

Cancellation and change policy.

MaxiMarket 's cancellation policy offers its customers the possibility to reschedule with or without cost, depending on the situation. MaxiMarket reserves the right to charge the customer a cancellation fee or a percentage of the total order.

To verify any of the operations specified above, the Company may request the User to send the Receipt by email.

 

VIII.- LICENSE OF USE.

 

Subject to the provisions of these Terms and Conditions, MaxiMarket grants Users, and Users accept from MaxiMarket, a limited, personal, non-assignable, non-sublicensable, non-transferable, revocable and non-exclusive license to use the Platform and the rest of the Digital Media within the territory of Mexico (the “License of Use”). No source code or license to use source code is granted under the terms of this section.

 

Users undertake to make appropriate and lawful use of the Digital Media, in accordance with applicable regulations, this instrument, generally accepted morality and good customs and public order. Users must refrain from engaging in the following conduct: (i) making inappropriate, illicit or fraudulent use of the Digital Media; (ii) accessing or attempting to access restricted or unauthorized resources within the Digital Media; (iii) using the Digital Media for illicit, illegal purposes or purposes, contrary to the provisions of this instrument, harmful to the rights or interests of third parties, or that in any way may damage, render useless or overload or prevent the normal use or enjoyment of the Digital Media; (iv) causing damage to the Digital Media or to the systems of its suppliers or third parties; (v) introduce or distribute or attempt to distribute computer viruses or any other physical or logical systems that may cause damage to the systems of MaxiMarket, its suppliers or third parties; (vi) attempt to access, use and/or manipulate the data of MaxiMarket; third party suppliers and other Users; (vii) reproduce or copy or distribute any elements inserted in the Digital Media, without the corresponding authorization; and (vii) perform or attempt to reverse engineer, decompile or reverse compile, disassemble, list, print or display the software, firmware, middleware or any other part of the source or compiled code that makes up the Platform and any of its programs or components, or by any other means obtain the source code or other proprietary information of any of the Digital Media.

Likewise, the performance of “Fraudulent Operations” on the Platform is strictly prohibited. For the purposes of this document, Fraudulent Operations shall be understood as any act carried out by Users to obtain undue profit or benefit, including but not limited to identity theft; the creation of false accounts or double user accounts, understood as the existence of two accounts owned by the same person; the request or application or the execution or acceptance of simulated or fictitious, unusual or non-existent Transactions; the entry of false financial or banking information, or information previously stolen from third parties; collusion with any other User or with any MaxiMarket staff to carry out fraudulent conduct; improper use of Promotional Codes and in general, any isolated or repeated act that has the purpose of deceiving the Platform or the Company to obtain undue profit.

The User accepts that the availability and continuity of the operation of the Digital Media may be interrupted or temporarily suspended due to: (i) the lack of availability or accessibility to the Digital Media; (ii) the interruption in the operation of the Digital Media due to computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, the Internet system or other electronic systems, produced in the course of its operation; and (iii) other damages that may be caused by third parties through unauthorized interference beyond the control of the Company.

The Company will make its best efforts to maintain the proper functioning of the Digital Media, as well as to mitigate the presence of viruses and/or other elements introduced into the Digital Media by third parties, and will also adopt various protective measures to protect the Digital Media against computer attacks by third parties. However, Users acknowledge that the Digital Media may not be available due to technical difficulties, internet failures, disruptions to telecommunications networks, or any circumstance beyond the Company's control.

 

IX.- CARE AND SUPPORT CENTER.

 

To make any requests, complaints or reports related to the Services, as well as to request any clarifications related to the Transactions, except for the deadlines expressly indicated in these Terms and Conditions for specific issues, Users must contact the Company's Customer Service and Support Center within a maximum period of five (5) calendar days after the event they wish to report or whose clarification they request (the "Clarifications").

 

Help and Support Center

Email: yanina@maximarket.mx

 

The Company will have a period of ten (10) calendar days to resolve the corresponding Clarifications.

Any reference contained in this instrument relating to communications that the User must make to the Company must be made to the Customer Service and Support Center.

 

X.- PRIVACY.

 

By subscribing to or accepting these Terms and Conditions, Users declare that they have read and expressly accepted MaxiMarket's Privacy Notice, which is available on the Website. For more information on the processing of their personal data, Users should consult the Privacy Notice.

 

XI.- BILLING.

 

Users may request Digital Tax Receipts (CFDI's) from the Company for each Transaction. To this end, prior to their purchase they must register on the MaxiMarket website, in the "My Information / Billing Data" section, indicating and saving the user's tax data to activate automatic billing. In this way, they will receive their invoice at the end of each of their purchases.

If you do not require an invoice for any of your purchases, the user will need to delete their tax information on the MaxiMarket page, in the “My information / Billing data” section prior to the purchase, otherwise the system will continue to issue the invoice automatically.

For users who have a Favorable Balance, the system will not automatically generate the billing for the percentage of the Order that is paid with said Favorable Balance, even if their tax data has already been previously registered or they have received invoices for previous purchases. In these cases, the MaxiMarket billing team will generate and send the CFDI corresponding to the purchase from the yanina@maximarket.mx email account within a period of 72 business hours.

In the case of first-time users with or without a Favorable Balance in their account who require an invoice and have not previously registered their tax information, they must request it by emailing yanina@maximarket.mx indicating their tax information and order number. In this way, the billing team will send the required CFDI within 72 business hours and will indicate the registration process for the automatic billing of future purchases.

 

XII.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

 

Users acknowledge and accept that all intellectual and industrial property rights on the Platform and on all content and elements inserted in the Digital Media (including, but not limited to, trademarks, logos, figures, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentations, and audio and video elements) belong to MaxiMarket (the “Intellectual Property”).

Any reproduction, distribution, transmission, copy, alteration, exploitation, publication, dissemination or disposal of the Intellectual Property is strictly prohibited without the prior written consent of a legal representative of MaxiMarket.

Any use or exploitation of the Intellectual Property – not previously authorized in writing by a legal representative of MaxiMarket – will be sufficient reason to revoke the License of Use provided for in this instrument, without prejudice to the administrative, civil and criminal sanctions to which the offender may be subject.

 

XIII.- RELATIONSHIP BETWEEN THE PARTIES.

 

For the purposes of this Agreement, the Users and the Company are collectively referred to as the “Parties”. The Parties acknowledge that they are all independent of each other, and therefore agree that the signing of these Terms and Conditions will be a commercial contractual relationship, without giving rise to said relationship being interpreted as a partnership or association between them.

 

XIV.- FORTUOUS EVENT OR CAUSES OF FORCE MAJEURE.

 

The Company shall not be liable to Users under this instrument in the event that the Digital Media cannot be used or Transactions cannot be concluded due to Acts of God or Force Majeure, including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, tremors, strikes, wars, insurrections, riots, rebellions, closures, cyber attacks by hackers, the general revocation or limitation to the public user in the use of the software or programming language necessary to operate the Platform or the Mobile Application, acts of God or other causes of a similar or different nature.

 

XV.- ASSIGNMENT.

 

Users may not assign their rights and obligations assumed by signing these Terms and Conditions without the prior written consent of a legal representative of MaxiMarket. For its part, the Company may assign these Terms and Conditions to any third party that succeeds it in the exercise of its business or that assumes ownership of the Digital Media, for any possible reason, after notifying Users to that effect.

 

XVI.-NOTIFICATIONS.

 

The Company may provide appropriate notifications through a general notification on the Mobile Application or the Website, through the email address provided by Users when registering their User Accounts or by traditional mail addressed to the address indicated by Users when registering their User Accounts. The User may notify the Company by sending an email to the contact address indicated in the Digital Media.

 

XVII.- MODIFICATIONS.

 

These Terms and Conditions may be modified, added to or amended, in which case the date of the last modification of this instrument will be updated. The User expressly recognizes MaxiMarket's right to modify this Contract at any time, with a notification in accordance with the procedure provided herein being sufficient, at least five (5) calendar days in advance of the date on which the modifications come into effect.

In the event that the User does not agree with the modifications made to this Agreement, the User may request MaxiMarket to terminate it within thirty (30) calendar days after notice, without any liability on the User's part. The User will be deemed to accept the modifications made to these Terms and Conditions if the User requests or participates in any Transaction after such modifications come into effect, maintaining the User's right to terminate this instrument in accordance with the provisions of the preceding paragraph.

 

XVIII.- SUBSISTENCE.

 

In the event that any term, condition, section or provision of these Terms and Conditions is or may be considered void, invalid, illegal, prohibited or unenforceable in any jurisdiction, such term, condition, section or provision shall be severed from this Agreement without implying the nullity or invalidity of the remaining terms or conditions. The Company shall replace the corresponding term, condition, section or provision in accordance with applicable regulations.

 

XIX.- VALIDITY.

 

These Terms and Conditions shall be valid, obligatory and binding for all Users who have a User Account enabled on the Platform and do not request its cancellation or termination.

In the event that any User requests the deletion or cancellation of his/her User Account, he/she will be released from compliance with the provisions of this document, but all obligations related to damages, losses or liabilities – civil, criminal, administrative or any other nature – incurred, where applicable, by the User against other Users, MaxiMarket or any third party will remain in force.

 

XX.- APPLICABLE LEGISLATION AND COMPETENT JURISDICTION.

 

The Parties hereby expressly agree that this Contract shall be governed and interpreted in accordance with the commercial legislation and, additionally, with the federal civil legislation in force in the United Mexican States, as well as in accordance with the applicable regulations on consumer protection, where appropriate, for which reason the Parties expressly and irrevocably waive any other legislation that may be applicable by virtue of their present or future addresses or for any other reason or concept.

 

For all disputes, claims, actions or litigation arising from or relating to this Agreement, the Parties expressly and irrevocably agree and consent to submit exclusively to the jurisdiction of the competent courts and tribunals located in Quintana Roo, and hereby expressly and unconditionally waive, to the fullest extent permitted by law, any other jurisdiction that may apply to them by reason of their current or future addresses or for any other reason.