GENERAL CONDITIONS

These general conditions govern the purchase of products and/or services offered on the site www.artpeakshop.com (hereinafter the website), owned by Grupo de Innovación Peak México SAS with address at Hacienda de Mimiahuapan 125, Col Echegaray, Naucalpan de Juarez, CP 53300, State of Mexico, Mexico, which markets its products and services under the commercial name of ArtPeak Shop (hereinafter THE PROVIDER).

It also regulates the rights and obligations of the parties arising from the purchase and sale transactions agreed between them.

Any person accessing this website assumes the role of user (hereinafter THE USER), the acquisition of any of the products or services implies the full and unreserved acceptance of each and every one of the General Conditions indicated without prejudice to the acceptance of the Particular Conditions that may be applicable when acquiring certain products or services.

The acceptance of the purchase by THE USER implies the manifestation of their will to purchase our products or services and gives full effect to the purchase agreement signed between the parties.

These General Conditions may be modified without prior notice; therefore, it is advisable to carefully read their content before proceeding to the purchase of any of the products or services offered and to save or print them.

ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR SERVICES.

The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Notice as well as in the other documents incorporated therein by reference, prior to registering as a User of Artpeak Shop.

The use of the Site and/or the Services by the User implies their express, free, informed, specific and unequivocal consent to the Privacy Notices of ArtPeak Shop legally represented by Josel Ramiro Valadez Bonifaz, as well as their express consent to all the policies established in the General Conditions and their Annexes, and other policies and principles incorporated therein by reference.

Registration

It is mandatory to complete the registration form in its entirety with valid information in order to use the services provided by ArtPeak Shop. The prospective User must complete it with their personal information accurately and truthfully (hereinafter, the "Personal Data") and agrees to update and/or correct the Personal Data as necessary. The User authorizes ArtPeak Shop to use various means to verify their personal data, and the User assumes the obligation to review, correct, and keep it updated. ArtPeak Shop is NOT responsible for the accuracy of its Users' Personal Data. Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of their Personal Data.

ArtPeak Shop reserves the right to request additional proof and/or information to verify Personal Data, as well as to temporarily or permanently suspend Users whose data cannot be confirmed. In these cases of suspension, all published items and offers will be removed, without any right to compensation.

As part of the process to complete the registration form, in order to use your account on the Site, as well as perform any function on the Site or make use of the Services, the User authorizes as means of authentication those electronic means, such as personal identification number, digital fingerprint, electronic signature, or any other that ArtPeak Shop determines.

The User will access their personal account ("Account") by entering their username or pseudonym along with their chosen personal security password ("Security Password"). The User agrees to maintain the confidentiality of their Security Password. Creating a personal account indicates that the User has accepted the General Terms and Conditions and their Annexes, and other policies and principles incorporated therein by reference.

PURCHASE PROCESS

To make any purchase on the website, the USER must be of legal age and have the capacity to enter into contracts.

In addition, it will be necessary to register through a data collection form in which the PROVIDER is provided with all the information necessary for the purchase; data which in any case will be truthful, accurate and complete regarding their identity and which the USER must expressly consent to by accepting our Privacy Policy.

To correct any errors in your data, you can access your user profile using the provided/chosen name and password and proceed with the correction.

The steps to follow to make the purchase are:

1. Select the products.
2. Click on the "add to cart" button.

3. Confirm the order.

4. Register if you haven't already. (You will receive confirmation at the email address provided)
5. You can also place your order as a guest.
6. Please indicate the shipping method.
7. Please indicate payment method.
8. Click "Place Order".

The PROVIDER will electronically store the order and it will be available to you in your control panel, which you can access at any time with the name and password provided/chosen in the registration process.

It is recommended that the USER print and/or save a copy on a durable medium of the receipt that they will receive by email indicated in the registration process immediately after confirming their purchase.

SYSTEM FAILURES AND CYBERATTACKS

The Provider is not liable for any damage, harm, or loss to the User caused by system, server, or internet failures. The Provider is also not liable for any virus that may infect the User's computer as a result of accessing, using, or browsing its website or from any transfer of data, files, images, text, or audio contained therein. Users may not hold the Provider liable or demand payment for lost profits due to damages resulting from technical difficulties or system or internet failures. The Provider does not guarantee continuous or uninterrupted access to and use of its site. The system may occasionally be unavailable due to technical difficulties, internet failures, or any other circumstance beyond the Provider's control; in such cases, the Provider will endeavor to restore service as quickly as possible, without incurring any liability. The Provider is not responsible for any errors or omissions contained on its website. The PROVIDER has the obligation to notify the USER about any changes to information on its site resulting from a cyberattack and to make the relevant changes to restore the information to its normal state.

OFFERS

All offers listed on this website will be valid during the year 2020.

BILLING

If you request it, you will receive the corresponding invoice with your order. By default, it will be sent to the email address you provided during registration.

PRODUCT DELIVERY

To avoid delivery issues (such as incorrect addresses, inability to find someone at home, etc.), it is essential to complete the purchase form correctly, and providing a contact phone number in the corresponding field is recommended. Orders can also be tracked through the carrier's website.
We do not accept any responsibility for any delay or loss if you provide us with an incorrect delivery address or if the package is returned to us for this reason.
The customer must notify us immediately if they have made a mistake or need to change their delivery address.

In the case of an incorrect or incomplete address or any fault on the part of the user, including the case of the package being returned by an absent person or not collected at the transport office, to arrange a new delivery the customer must be responsible for the costs of the new shipment.

If the customer has to go to the carrier's office to collect their package for reasons beyond our control (recipient absent, incomplete address, incorrect telephone number, etc.) the shipping costs will not be refundable.

Events beyond our reasonable control
We will not be liable for any delay or failure to perform our obligations under these terms and conditions if such delay or failure is due to events beyond our reasonable control, such as exceptionally severe weather conditions, labor disputes, war, fire, explosion, or acts or omissions for which we are not responsible. The foregoing does not affect your statutory rights.

If upon receiving your order at your home you notice that the packaging is broken or damaged, you must check that the items inside are in perfect condition: neither broken nor damaged, indicating this in any case, in the merchandise receipt document as an observation.

If the items arrive damaged or broken during transport, you must notify the courier of the transport company and have them detail this in the delivery document.

The provider guarantees that all products have been shipped from our warehouse or by third parties in perfect condition and with undamaged packaging. If either of the aforementioned circumstances occurs (delivery defects), you must notify us so that we can file a claim with the transport insurance company for the damages and investigate the case. In either instance, you may choose between a product exchange or a refund.

The service provider is not responsible for delays caused by events beyond its control, including but not limited to: weather conditions, strikes, blockades, customs issues, and force majeure. Should such events become known or foreseeable, we will inform you as soon as possible.

ORDER TRACKING

(Not always available) Providing a valid email address is essential for order tracking; shipping companies will send the tracking information to this email address. locator and the web address or URL where the order location can be found.

By default, we will always use the email address that I provide during the registration process.

PRODUCT AVAILABILITY AND SUBSTITUTIONS

The PROVIDER aims to guarantee the availability of all advertised products. However, if any requested product is unavailable or out of stock due to exceptional circumstances such as multiple simultaneous orders or other factors that result in the product being out of stock, the USER may choose to:

- Purchase a product with similar characteristics.

- Wait until stock is replenished.

- Refund of the amount paid, if applicable.

In the latter case, the order and the contract signed between the parties will be rendered ineffective by virtue of this termination clause, fully refunding to the customer in case of prepayment the amounts paid by the same, without any compensation being due to either party for breach of contract, consequential damage or loss of profit, nor will the payment made by the customer be understood as earnest money.

Orders will be cancelled in any of these cases:

- Delivery cannot be completed after three attempts.

- It has not been possible to contact the customer within 7 business days after the first failed delivery attempt.

- If the payment is not reflected for any reason, the customer will have up to 10 business days to update their payment method and have it reflected in the system.

PRICES, EXPENSES AND TAXES

The prices of products or services displayed on the website include the VAT INCLUDED in force at the time it occurred.

When placing the order, these items will be added and itemized. In any case, the invoice the customer receives will clearly identify the taxable amount, the tax rate, the tax amount, any other expenses such as shipping or additional charges related to the payment method, as well as the total invoice amount.

Orders will be processed in strict order of receipt.

SHIPPING COSTS

Shipping costs depend on the destination, volume, and weight of the order:

• General Shipping Range 5 – 14 business days (Depends on the supplier)

However, this shipping information will be displayed before the order confirmation, and the corresponding invoice will be detailed.

PAYMENT METHODS

• With a credit card (Visa, Mastercard, or AMEX ), you only need to provide your card number and expiration date. In this case, your data will be encrypted and sent via a secure server to our banking provider's payment terminal. If it becomes necessary to process any returns or order cancellations, the refund will be issued to the same payment card.
• PayPal is an American company in the e-commerce sector that allows money transfers between users with email addresses, an alternative to traditional paper methods such as checks or money orders.

Return guarantees:

To return a product, it is essential that it is in perfect condition and with its original packaging, with all its accessories and without having been used.

The deadline to exercise this right is 5 calendar days from receipt of the product.

A refund will be issued for the full purchase amount (product price plus shipping costs).

The time to make the refund may not exceed 14 calendar days from the customer's communication to return the product(s).

The refund will be made using the same payment method used by the user, unless the user has expressly agreed otherwise, and provided that the user does not incur any expenses as a result of the refund.

To return a product, it is essential that it be in perfect condition and in its original packaging, with all accessories. If the item arrives damaged or in poor condition, it may be subject to a reduction in its original price.

To determine the nature, characteristics and functioning, THE USER shall only carry out those manipulations and inspections of the goods that would be permitted in a commercial establishment.

It is mandatory to return the products properly protected and we will not accept any package that lacks any of the sender's identification elements (name, surname, address, order number).

WARRANTY

If you believe that the information provided in the items in our store is insufficient, please request that we expand upon it by contacting our Customer Service Department through the channels indicated in these general terms and conditions.

Consumable products, defects caused by misuse or improper handling, connection to an electrical network other than the one indicated, incorrect installation, or defects resulting from any external cause are excluded from the guarantees.

In such a case, if you have received a defective product, you could choose between a repair, replacement or a full refund of the purchase price; all of these options will be completely free for the buyer.

CUSTOMER SERVICE AND COMPLAINTS

To file any complaint or claim with THE PROVIDER, THE USER must contact the customer service department through the contact methods established in these general conditions.

For Suppliers

License for images, photographs, trademarks and product information

The Supplier User authorizes ArtPeak Shop to use, publish, reproduce, and/or adapt the images and photographs included in their listings, their trade name, trademarks, advertising slogans, logos, designs, drawings, images, and any other distinctive sign that identifies the User and their products or services (the "Trademark") and information about their products or services ("Product Information"). The Supplier User is obligated to grant ArtPeak Shop consent via email to include the images, photographs, and Trademark, as well as the Product Information, in the listings, keeping it up-to-date and including any warnings required by applicable law for the sale or advertising of the products and services. Accordingly, ArtPeak Shop may obtain the images, photographs, Trademark, and Product Information directly from the Supplier User, third parties authorized by the Supplier User, or through the Supplier User's website or via email. The Supplier User will be notified of the listings for use and, with prior consent, may use them for various electronic media.

In particular, the Supplier User grants ArtPeak Shop a free, irrevocable, non-exclusive, international and perpetual license to use, publish, reproduce and/or adapt the images, photographs, the Brand and Product Information for use on all ArtPeak Shop sites and applications, social networks and/or in any mass and non-mass media, including without limitation, platforms and any other digital or physical media that ArtPeak Shop deems appropriate or with those other platforms or Internet sites with which ArtPeak Shop has entered into an alliance, to identify offers, classify products, create catalogs, carry out advertising and marketing actions related to ArtPeak Shop's services, including the possibility of association with third-party brands and/or trade names, as well as sublicensing its use to third parties, including, but not limited to, the rights to use, publish, reproduce and adapt the images, photographs, Brand and Product Information within the framework of Catalog Publications.

The Provider User declares and guarantees that he/she is the owner or licensee of the necessary rights over the images, photographs contained in his/her publications, over the Trademarks, as well as over the Product Information, and that he/she has the necessary rights and powers to grant the authorization detailed in this clause, being exclusively responsible for any infringement of third-party rights or for inconsistencies or inaccuracies in the Product Information.

Artpeak Shop The website may remove the images and photographs, and even the description of the goods or services, if it determines, at its sole discretion, that the image does not comply with these Terms and Conditions. Images and photographs of goods or services listed under the Premium option must meet certain additional requirements to be displayed on the website's homepage.

PRODUCTS AND/OR SERVICES

The products and/or services offered, along with their main characteristics and price, appear on the screen.

The Provider reserves the right to decide at any time which products and services are offered to the User /Supplier . Therefore, the Provider may add new products or services to those currently offered at any time.

Once inside the website and in order to access the purchase of the different products or services, the Supplier User must follow all the instructions indicated in the purchase process.