Terms & Conditions
TERMS AND CONDITIONS OF USE OF THE SITE WWW.ZIPPO.COM.MX
Tabasa Import Export, S.A. de C.V. is a company constituted under the laws of the Mexican Republic, located at Boulevard 5 de Febrero No. 10-1, Colonia San Francisco, San Andrés Tuxtla, Veracruz, C.P. 95710, hereinafter referred to as "Tabasa," which is the company responsible for the Website www.zippo.com.mx and its associated websites.
OBJECT & SCOPE
These Terms and Conditions (hereinafter, the "T&C") are intended to govern the activities conducted on our website www.zippo.com.mx and, as applicable, on our associated websites, including but not limited to:
i) Consulting online information about Tabasa's products and services;
ii) Online trading of Zippo products;
iii) Discussion forums and chats;
iv) Promotions, quizzes, contests, games, and/or online giveaways; and
v) Sending and receiving promotional communications and telemarketing of our products, as well as other services that may be enabled in the future on the website and/or associated websites (hereinafter, the "Online Services").
Some Online Services require prior registration or subscription, which involves providing personal data (hereinafter referred to as the "User") as required in the Dialog Boxes of the website or associated websites. In addition to these T&C, the use of the website and associated websites is also subject to other Tabasa policies and notices, including our Privacy Notice(s), which are hereby incorporated by reference as if fully set forth herein, as well as any instructions published on the website www.zippo.com.mx and/or associated websites.
SOME DEFINITIONS
To facilitate the reading of these T&C, please consider the following definitions:
- Associated Websites: Refers to any website owned by Tabasa, as well as the following subaccounts of social media websites where Tabasa participates as a user: https://www.facebook.com/Zippo; http://instagram.com/originalzippo; https://twitter.com/zippo.
- Online Services: Refers to the activities described in the previous section.
- Users: Refers to visitors to our Website who use the Online Services.
- Dialog Boxes: Electronic forms on the Website www.zippo.com.mx and associated websites where the User provides personal data and information for the provision of Online Services.
UPDATES
You agree to periodically review these T&C, as they may be modified at any time by Tabasa, which will be notified on our Website through a prominent notice. Some Online Services provided to the User require the use of usernames and passwords ("User Name" & "Password"), which may be assigned by Tabasa or selected by you to verify your identity as a User. You acknowledge that any operation correctly identified with such usernames and passwords will be considered validly performed by you as the User. Therefore, you must refrain from disclosing these credentials to others, using them personally, and if you become aware that another person has accessed them or accessed the Website www.zippo.com.mx or associated websites using your credentials without your consent, you must immediately notify Tabasa in writing at the email address atencion-cliente@zippo.com.mx.
PURCHASE AND SALE OF PRODUCTS
By accessing a Dialog Box offering Products for sale, entering all required personal information, and accepting a sales offer, a sale will be concluded, provided the Product is available. Tabasa will deliver to the Customer the quantity of the Product selected by the Customer, as indicated in the Dialog Box under "Pieces/Quantity of the Product," provided the price specified in the Product and Services Catalog is credited to the Customer or duly delivered to Tabasa.
It is important that you consider that in any sale of Products conducted through the Website www.zippo.com.mx, it will be understood that the Customer is aware of the characteristics and limitations of the Product specified in the corresponding sections of the Product and Services Catalog, Safety Information, and Product Instructions, and that the Customer accepts the terms under which the product and/or service has been offered.
All charges for the "Product Price" will include Value Added Tax (VAT) and shipping costs. The total amount to be paid will be detailed in the corresponding section of the Product and Services Catalog and will be expressed in national currency. The Price must be paid by the Customer prior to the delivery of the Product(s), either through a confirmed cash deposit to the account designated by Tabasa or by credit/debit card through the mechanisms enabled on the Website www.zippo.com.mx, including PayPal.
Regarding any payment made by you to Tabasa, you may process the invoice or digital tax receipt on the Website designated by Tabasa, which will comply with legal requirements, provided it is processed within the following 5 business days from the date of payment.
CANCELLATION OF PURCHASE
You may cancel the purchase of PRODUCTS AND/OR SERVICES requested through the Website www.zippo.com.mx without any charge or liability, provided the cancellation is made within five days of the date you purchased the Product and/or Service. The cancellation must be communicated through the corresponding Dialog Box or by email to atencion-clientes@zippo.com.mx. Tabasa will refund the amount paid once the Product has been recovered by its personnel, deducting the shipping costs related to the delivery.
WARRANTY
Products and Services come with a 60-day warranty, starting from the delivery of the Product and/or Service. The warranty covers any manufacturing defects or damage originating from the Product, as well as its malfunction. The warranty must be claimed by the Customer by sending an email to atencion-clientes@zippo.com.mx or through the corresponding Dialog Box enabled on the Website www.zippo.com.mx. The warranty does not cover any repairs or modifications made to the Product by a third party. Any expenses incurred by the Customer to validate the warranty at a location other than Tabasa's address must be covered by the Customer. In some cases, Tabasa offers a lifetime warranty on lighters, which will be indicated in the product description.
OBLIGATIONS OF TABASA
Tabasa is committed to delivering the Products selected by the Customer in the Product and Services Catalog in a timely manner, as well as providing the Services requested by the Customer through the Dialog Box, the email atencion-clientes@zippo.com.mx, and/or Fax 012949479910, within the agreed timeframes and under the agreed conditions, subject always to the availability of the Product for delivery within the national territory.
OBLIGATIONS OF THE USER/CUSTOMER
You agree to make the corresponding payments for the Product Price, including VAT, shipping costs, and any other expenses included and detailed in the invoice or Digital Tax Receipt. The total amounts to be paid will be expressed in national currency and will include VAT and any other associated costs. You may make the payment by credit/debit card through the mechanisms enabled on the Website www.zippo.com.mx, including the PayPal payment platform.
You agree to send, via Fax to 012949479910, or by email to atencion-clientes@zippo.com.mx, or through the Dialog Boxes enabled on the Website, a printed and/or digital copy, as applicable, of your official identification (voter ID, passport, or visa), as well as a copy of the credit/debit card used to make the payment or the electronic transfer. In the case of legal entities, in addition to the aforementioned documentation of the legal representative, a printed and/or digital copy, as applicable, of the articles of incorporation and the power of attorney of the legal representative must be provided. Identification documents will not be necessary if the Customer's emails are signed with an advanced digital signature, supported by a valid digital certificate issued by a duly accredited certification service provider by the Ministry of Economy.
OTHER ONLINE SERVICES
Tabasa may enable discussion forums and chats on the Website www.zippo.com.mx to provide information to Customers or to address their specific questions and/or requests. Similarly, it may implement promotions, trivia, contests, games, and/or online giveaways, the requirements and rules of which will be detailed in the corresponding section of the Website.
Regarding discussion forums and chats, please note that some of them are moderated, and all are subject to access by a Tabasa representative for technical reasons. Tabasa does not control the content that Users may include, as some are public discussion forums. As in any interactive forum open to many Users, you should carefully consider whether you wish to provide information and your personal data, as these forums are considered public, and Tabasa will not be responsible for the use and disclosure of personal data that you disclose in the forums.
PRIVACY NOTICE
Tabasa respects your privacy and personal data, and therefore asks you to carefully read the Privacy Notices available at www.zippo.com.mx and on the Associated Websites, as applicable, which are hereby incorporated by reference and form an integral part of these T&C. Tabasa encourages individuals to express any concerns regarding the treatment of their personal data by contacting our Privacy Officer through the means specified in our Privacy Notices. Tabasa will seek to resolve these concerns.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The trademarks "ZIPPO," "OUL," "Black Ice," "Tech Torch," "Ronson," and "Jetlite," as well as other trademarks appearing on the Website www.zippo.com.mx and on the Associated Websites, are trademarks exclusively owned by Zippo Manufacturing Company, registered in Mexico and multiple countries. All designs and ornaments of Zippo lighters are protected by the Federal Copyright Law in favor of Zippo Manufacturing Company. © Zippo Manufacturing Company. 2014.
The User acknowledges that the elements and contents of the Website www.zippo.com.mx and the Associated Websites, including but not limited to various commercial notices, trademarks, domain names, logos, images, graphics, texts, animations, sounds, industrial designs, computer programs, databases, usage reservations, design and format of the Web pages, and others, are protected under national laws, international treaties, and contractual instruments, and the ownership of the corresponding intellectual and industrial property rights belongs exclusively to Tabasa.
In this regard, the User acknowledges and agrees that they do not acquire any rights over the aforementioned intellectual and industrial property assets by merely accessing and using the Online Services offered on the Website www.zippo.com.mx and/or the Associated Websites. Except for the temporary copy that the User downloads to the memory of their computer system to access the Online Services offered on such Websites, the User may not store, transmit, retransmit, reproduce, transfer by any title, or distribute any element or content of the Website www.zippo.com.mx and/or the Associated Websites.
At no time shall access to the Website www.zippo.com.mx and/or the Associated Websites and the use of the Online Services be considered an authorization or license to use such services or the elements and other contents of the Website and/or the Associated Websites for purposes other than those set forth in these T&C.
Tabasa prohibits any access link, whether through links, hyperlinks, banners, buttons, framing (frames) to or from the Online Services offered on the Website www.zippo.com.mx and/or the Associated Websites. Similarly, Tabasa prohibits the enabling, use, or commercialization of the Services offered on such Websites on any other Website, unless Tabasa has granted the corresponding prior written authorization. Tabasa reserves the right to disable any access link it deems inappropriate, for any reason. Any right not expressly granted under these T&C is deemed reserved.
The User agrees to: (i) not carry out any act that could affect or diminish the rights over the intellectual and industrial property assets of Tabasa and/or its affiliated companies, and (ii) refrain from giving them any other use that could result in a benefit for themselves or any other third party. Additionally, the User is expressly prohibited from using, translating, or modifying, in whole or in part, the aforementioned intellectual and industrial property assets for the production of any derivative work, compilation, or database, or for any other purpose other than that expressly authorized.
LINKS TO THIRD-PARTY WEBSITES
The Website www.zippo.com.mx and/or the Associated Websites may provide links to third-party websites for your convenience and information. If you access these links, you will leave the Website www.zippo.com.mx and/or the Associated Websites of Tabasa. Regardless of whether Tabasa enters into contracts with such third parties and communicates its Privacy Notices to them, Tabasa has no control over such Websites or their terms and conditions, notices, privacy policies or practices, or their contents, products, services, materials, or any other information contained in or available through such Websites, which may differ from these Terms and Conditions.
The inclusion of links to third-party websites should not be construed as a recommendation by Tabasa of such websites, their products, or services. Therefore, Tabasa assumes no responsibility for third-party websites and advises you to review their Terms and Conditions, notices, policies, and/or privacy practices. Access to any Website linked to www.zippo.com and/or the Associated Websites is at your own risk.
LIABILITY OF TABASA
The User understands and agrees that Tabasa has no control over access to the Internet Protocol (IP) by individuals attempting to violate the security of Tabasa's network and equipment or that of Users, and therefore Tabasa cannot guarantee that all applications and online services on the Website www.zippo.com.mx and/or the Associated Websites are risk-free.
Tabasa is committed to taking reasonable measures to protect the information generated, received, transmitted, or stored on the Website www.zippo.com.mx and/or the Associated Websites, in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties and its Regulations. Tabasa will use software to combat viruses and other malicious code, as well as firewalls for intrusion detection, among other measures. However, in the event that a third party violates security and unlawfully uses any information from the Website www.zippo.com.mx and/or the Associated Websites, Tabasa disclaims any liability, including damages, that may be caused by the misuse of information from Tabasa's equipment and the User's equipment, as such use is beyond Tabasa's control.
Similarly, Tabasa disclaims any civil, criminal, administrative, or other liability for direct or indirect damages or any other damages caused by or resulting from:
(i) The presence of viruses or other malicious code resulting from attacks on the Website www.zippo.com.mx and/or the Associated Websites or third-party websites linked to these sites, which may cause alterations to the User's computer systems and/or electronic files;
(ii) The inability to use the Website www.zippo.com.mx and/or the Associated Websites, their online services, or any part thereof, or their links, including any damage to the User's programs and computer systems or their information;
(iii) The use and information available on any link to the Website www.zippo.com.mx and/or the Associated Websites;
(iv) The knowledge that unauthorized third parties may have about the conditions, characteristics, and circumstances of the User's use of the Website www.zippo.com.mx and/or the Associated Websites; and
(v) The misuse by third parties of the information generated, received, transmitted, or stored on the Website www.zippo.com.mx and/or the Associated Websites.
USER LIABILITY
You acknowledge and agree that Tabasa, as well as its affiliated companies, will in no way be liable to other persons regarding your use of the Website www.zippo.com.mx and/or the Associated Websites or their Online Services for any prohibited or illegal purpose, or the violation of these T&C, any third-party rights, including but not limited to copyright, industrial property, privacy, and data protection rights, or any applicable federal, state, or municipal law, regulation, or code. In this regard, you agree to hold harmless and indemnify Tabasa from any damage or loss it may suffer due to your conduct.
The information you submit in the comments, suggestions, ideas, or similar sections and that are made available to Users of the Online Services through the Dialog Boxes of the Website www.zippo.com.mx and/or the Associated Websites is your responsibility, and it is understood that you accept that such information is considered public information for all legal purposes.
Tabasa reserves the right, at its sole discretion, to refuse to provide services to any individual or entity that violates these T&C.
UNAUTHORIZED USES
You agree not to use the elements, contents, and services of the Website www.zippo.com.mx and/or the Associated Websites for any purpose contrary to the law, these T&C, or good customs. You also agree not to use the elements, contents, and services of the Website www.zippo.com.mx and/or the Associated Websites to disable, damage, or impair the operation of Tabasa's computer systems and telecommunications equipment, or to alter, improperly access, modify, or destroy the data or information stored, processed, or transmitted by them.
Similarly, you agree not to obstruct or interfere with the use and enjoyment of the elements, contents, and services of the Website www.zippo.com.mx and/or the Associated Websites by any other user. You also agree not to use the elements, contents, and services of the Website www.zippo.com.mx and/or the Associated Websites to send unsolicited email (spam), whether commercial, proselytizing, or of any other nature, or to send chain messages, pyramid schemes, contests, defamatory, obscene, pornographic, or any other messages that violate the intellectual or industrial property rights of Tabasa or any third party.
Likewise, you agree not to process, transmit, or distribute any type of malicious code, including but not limited to viruses, worms, backdoors, Trojans, zombies, logic bombs, or any computer program, application, or file that may affect, damage, or impede the proper functioning of the elements, contents, and services of the Website www.zippo.com.mx and/or the Associated Websites or the computer systems and telecommunications equipment of Tabasa or any third party.
Tabasa reserves the right to remove any file, application, or data message that violates the provisions of this section, or that is in violation of any federal or state regulation or that violates good customs.
CHANGES TO THE T&C
Tabasa reserves the right to modify these T&C at any time, in which case they will be published on the Website www.zippo.com.mx and/or the Associated Websites with the updated revision date. If Tabasa makes significant changes, it will also notify you through other means, such as email if you have registered as a User. If you do not express your opposition to these changes through the use of the Dialog Boxes or other electronic means such as email and continue to use the Website www.zippo.com.mx and/or the Associated Websites, the new conditions will be deemed accepted, and the T&C with their modifications will be in effect.
NO ASSOCIATION
By virtue of these T&C, no legal relationship of representation, association, or employment