1. Use of the Website. This website, www.sybariscollection.com, and its applications and tools, and its content and materials (all of the foregoing collectively, the “Website”), is provided by and operated on behalf of BRIAR HOLLOW PARTNERS S.A. DE C.V. (“Site Owner“) in conjunction with third parties. Your use of the Website is subject to these Website Terms (collectively, the “Terms”) as well as all applicable laws.
Your access or use of the Website indicates your (i) acceptance of the terms, and (ii) acknowledgement that the information you provide either directly or indirectly through the Website will be managed in accordance with the privacy notice posted at https://sybariscollection.com/privacy-policy/ (“Privacy Notice“). Each time you access or use the Website, you accept these Terms and any additional terms that will apply to you. If you do not agree with any of the Terms, do not use the Website.
Personal Information. The Privacy Notice governs the collection, use, and disclosure of personal information gathered on or through the Website, including, but not limited to, the personal information you provide while opening an account, purchasing products, and accessing and using the Website.
The Website is considered a general audience site and is not intended to be used by children to access the Website or purchase products. If you are under 18 or legally incompetent, you may use the Website only with the involvement of a parent or legal guardian.
Your use of the Website constitutes your agreement and consent that we may communicate with you electronically for all purposes, which includes all legal and notice requirements. Such electronic communications may take the form of postings to the Website or e-mails to the e-mail address you provide when you register on the Website or place an order. You may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent, it will only be effective for future orders (not for orders already placed or in process). Any pricing, availability, ordering, or purchasing of products through the Website is subject to these Terms.
You must ensure that your access to the Website and Material is legal in each jurisdiction in or through which you access, view or otherwise use the Website or other Materials.
2. Definitions. The following terms have the definitions set forth below:
“Material” means all text, graphical, audio, video, software, information, data, and other content available, displayed, or accessible on or through the Website.
“Site Owner Parties” means Site Owner and its affiliates, licensors, vendors, retail partners, and any other party involved in the creation, operation, production or transmission of this WebSite and their respective officers, directors, employees, representatives, and agents, successors, and assigns.
3. Your Information, Registration, and User Accounts. You are not required to establish an account in order to access the Website. However, in order to access some of the resources the Website has to offer, you may be required to be or become a registered user. To establish a Website account, you may be asked to provide registration details, which you agree to input, update, and maintain accurately and completely if you become and so long as you are a registered user. You represent and warrant that you are authorized to provide all the information you provide upon registration for your Website account. It is a condition of use of the Website that all the details you provide be correct, current, and complete. If Site Owner believes, in its sole discretion, that the details are not true, correct, current, or complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.
During the registration process, you may be asked to select a username and password. Site Owner, in its sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that personally identifies you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or maybe protected by trademark or other proprietary laws, violates intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion. You will not transfer or resell your use of or access to the Website to any third party. You are entirely responsible for maintaining the confidentiality of your username and password and for use of your username and password, and for any and all activities (including, without limitation, purchases, as applicable) that are conducted through your account. Site owner is not liable for any loss, damages or lost profits arising from your failure to comply with any of the foregoing obligations.
5. Restriction of Use. In using the Website or any of the Materials, you agree not to:
a. disrupt or interfere with the security of, or otherwise abuse, the Website or any Material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or any Material, or affiliated or linked websites;
b. access, tamper with, or use non-public areas of the Website, and you acknowledge that unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
c. frame the Website within another website or webpage; or
d. use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark, copyright, or other intellectual property, proprietary, or industrial right of Site Owner or any of its affiliates, or any licensors of any of the foregoing.
6. Anti-Money Laundering. The Site owner is obligated to collect from the client the information required by the Mexican Anti-Money Laundering Law (Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita) and its regulations. Therefore, the client must provide all required and relevant information to the Site Owner for such purposes. In that respect, you agree to provide the Site Owner with all documents and information reasonably necessary to allow the Site Owner to comply with such requirement.
7. Pricing and Shipping. Prices on the Website are in U.S. dollars and do not include applicable taxes. Prices and billing methods are subject to change at any time, effective immediately upon publication.
Subject to the terms and conditions contained in the corresponding shipping agreement, all products will be delivered, in person (by the client or by any person expressly authorized by the client as indicated in the purchase order), at the addresses and during the periods indicated by you in the corresponding purchase order. In the event that are no persons available to receive the products at the corresponding address during the indicated times, the products may be returned to Site Owner or may be deposited at warehouses. All warehousing, transportation and return costs and fees arising as a result of the client (or any person authorized by the client) not receiving the products shall be paid by the client prior to the final delivery of the products.
8. Product Information and Availability. There may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and Site Owner will not be liable for these inaccuracies, omissions, or errors. Site Owner will attempt to correct such inaccuracies, omissions, or errors when brought to its attention.
Site Owner reserves the right to limit the quantity of items purchased and to change and update information. Site Owner cannot guarantee that any product listed on the Website will be in stock or remain available. Further, Site Owner may discontinue or otherwise cease offering a product at any time, in its sole discretion. If a product is not available at the time you place your order, either because the product is permanently or temporarily (e.g., on back-order) unavailable, we will attempt to notify you. If the product is temporarily unavailable, unless you notify us to cancel your order, your order will remain on back-order and will be fulfilled when the product becomes available for shipment. If a product is permanently unavailable, we will cancel your order for the unavailable product. We will fulfill and refund the balance of your order pursuant to our ordinary order fulfillment policies.
Product information is for information purposes only and although Site Owner makes every effort to display products (including their colors) as accurately as possible, sometimes your computer and monitor settings can affect what you see when you look at the Website. Consequently, Site Owner cannot guarantee you will accurately be able to see the actual colors and specific features in every case. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as addressing your particular needs and circumstances.
Some products or services mentioned on the Website may only be available in certain areas or jurisdictions. Any products or services mentioned on the Website are made available in accordance with local law and only where they may be lawfully offered for sale. Site Owner does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions.
9. Purchases. You represent and warrant that you are at least 18 years of age and/or legally capable prior to purchasing products. As stated above, Site Owner’s acknowledgement of an order is not acceptance of an order and Site Owner may reject or cancel an order at any time. All purchases are subject to, and you agree to pay, all charges, and losses incurred in connection with your purchase, including all applicable taxes, customs duties, shipping, handling, warehousing, and insurance. You must provide valid, authorized payment card information that Site Owner may charge the payment card at the time of your transaction. If Site Owner does not receive payment from your payment card issuer, you agree to pay all amounts due upon demand. You acknowledge that you are responsible for any fees charged by the issuer of your payment card for currency conversion. Please consult the terms provided by the issuer of your payment card for applicable currency conversion rate and fees and charges.
10. Cancellations and Returns. To the fullest extent permitted by law, Site Owner may, in its sole discretion and at any time prior to delivery of the products, choose to cancel your order (even if you received an automated confirmation of purchase). This may occur, for example and without limitation, when information on the Website is found to be inaccurate, the product you wish to purchase has been mispriced, when we suspect the request is fraudulent, or in other circumstances we deem appropriate. Site Owner will return any paid amounts for cancelled products pursuant its own terms.
You may not return products or cancel placed orders unless expressly authorized in writing by Site Owner. Products that have been delivered to you or to the corresponding packaging company may not be returned, even if such products are damaged.
11. Exclusion of Warranties. Your use of this Website is at your own risk. Site Owner makes no representations or warranties regarding the condition of or access, function, and performance of the Website, or the suitability, accuracy, reliability, completeness, currency, quality, timeliness or usefulness of any of the foregoing, or that use of the foregoing will be uninterrupted or error-free.
Site Owner shall not be responsible for the authenticity of any Material offered in the Website. Any authenticity claim must be initiated by the customer directly against the artist.
Site Owner does not represent or warrant that the Website, the Material, or the information or materials, including, but not limited to any software, accessed from or through the Website, will be uninterrupted or free of errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected. Site Owner is not responsible for any reliance you may place, in whole or in part, on the Website, the Material, and any such use or reliance is at your sole risk. The Website, tools, Material and all material or information on this Website are provided to you “as is” without warranties of any kind. Site Owner disclaims all warranties or conditions, written or oral, statutory, express or implied, including without limitation, warranties, or conditions of merchantability, fitness for a particular purpose or freedom from infringement. To the full extent permitted under law, in no event shall Site Owner or any of its affiliates, or any directors, officers, employees, agents or representatives of any of the foregoing, be liable for any damages, losses, or lost profits whatsoever relating in any way to your use of or reliance on this Website (or any content thereof or therein) or any Materia, even if Site Owner has been advised of the possibility of such damages.
These exclusions are in addition to any specific exclusions otherwise provided in the Terms.
12. Limitation of Liability. To the fullest extent permitted by law, Site Owner will not be liable for any loss, damages or lost profits arising from any use of, or inability to use, the Website or any other web site, or the Material, information, software, facilities, services or other content on the Website or any other web site, regardless of the basis upon which liability is claimed and even if any releasee has been advised of the possibility of such loss, damage or lost profit. Without limitation, you (and not any releasee) assume the entire cost of all necessary servicing, repair, or correction in the event of any such loss, damage or lost profit arising. In no event shall the liability of the Site Owner Parties for any damages (direct or otherwise), penalties, loss or lost profits arising out of or relating to the Website or any other web site, or the Material, information, software, facilities, services or other content on the Website or any other web site, regardless of the form of action or claim.
Without limitation and notwithstanding anything to the contrary, the Site Owner Parties shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs or other data on your information handling system, or otherwise arising out of or in connection with:
a. failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between you and the Site Owner, or which prevent information, materials, messages or instructions from being transmitted in whole or in part between you and the Site Owner;
b. your inability to access, at any time, any part of the Website or any Materials provided on it;
c. interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;
d. lack of suitability, reliability, timeliness or availability of the Website, Material, or products or services offered on the Website; or
e. the Site Owner’s failure to take corrective measures.
Your sole and exclusive remedy is to discontinue using and accessing the Website.
Site Owner will deliver all productspursuant to a shipping agreement. Site Owner will not be liable for any damaged products as of the moment that any such products are delivered to the corresponding shipping company.
13. Indemnity. You agree to defend, indemnify, and hold harmless the Site Owner Parties, from, and waive and release all Site Owner Parties from all claims incurred or suffered by any releasee arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of or any other person to whom you have provided access to your computer system, (b) your use of the any of the Material, (c) your violation or breach of any of the Terms, including, but not limited to, any unauthorized use of any of the Material, or (d) your violation of any intellectual property rights of any Site Owner Party or any third party.
14. Ownership and Confidentiality. Except as otherwise expressly noted, Site Owner or its providers (as applicable) own all right, title and interest in and to all Material and the Website (including, but not limited, the selection, arrangement and organization of any part or content of the Website) (collectively, the “Intellectual Property”), and all copyright, trademark, trade name, trade dress, and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing. Site Owner does not represent or warrant that such materials do not infringe the rights of any other person or entity. Trademarks, logos, and service marks (collectively, “Marks“) displayed on the Website are registered or unregistered Marks of Site Owner or its licensors, and may not be used without written authorization or license of the owner of such Marks. Without the express written consent of Site Owner in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distributed, modify, or use, in whole or in part, whether in text, graphical, audio, video, executable, or other form except as expressly permitted by these Terms. Any other access to the Website or use of Material is strictly forbidden without the prior written consent of the Site Owner. Any information or material contained on the Website which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or materials. The use of tools should be made according to the Terms. The use of tools for purposes other than your use and information from the Website, as well as any reproduction of tools from the Website, are prohibited without the prior written authorization of the Site Owner.
15. Risks related to the Internet. Complete confidentiality and security is not possible over the Internet. Use of the Internet and communications over the Internet are subject to possible interception, loss, and alteration. Therefore, you should not communicate any personal information to the Site Owner by e-mail, unless adequate security measures are in place in order to ensure the security of the transmission. The Site Owner, its affiliates and their respective agents, administrators and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by e-mail to the Site Owner. You assume all risks related to such communications.
16. Software. The Site Owner does not sell, resell, license, or sub-license any software on its Website, and the Site Owner disclaims any responsibility or liability related any software.
17. Hyperlinks. This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. The Site Owner has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create hyperlinks from other websites to the Website, except if expressly permitted by the Site Owner. To obtain permission, contact Customer Service at [email protected]
18. Damage to Others. It is forbidden to introduce into or through the Website any information or materials which may be deemed harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation, or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
19. Liability for Computer System. You will at all times remain liable for all damages caused by your computer system as a result of (i) the connection, configuration, or compatibility of the different components of your computer system, (ii) your use of any material on any website, including, without limitation, use of the Material, (iii) your access to any website, including, without limitation, the Website or Materials, or (iv) your downloading of data, content, software and/or viruses.
The Site Owner, its affiliates and their respective agents, administrators and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.
20. Termination. The Site Owner, in its sole discretion, may terminate or suspend your use of the Website and Material at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that Site Owner shall not be liable to you or any third party for any termination or suspension of your access to the Website.
21. Investigations. Site Owner reserves the right to investigate suspected violations of these Terms. Site Owner may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Site Owner may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Site Owner believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or upload, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Site Owner will fully cooperate with any law enforcement authorities or court order requesting or directing Site Owner to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms. By accepting this agreement you waive and hold harmless all Site Owner Parties from any claims resulting from any action taken by any Site Owner Parties during or as a result of its investigations, or from any actions taken as a consequence of investigations by either a releasee or law enforcement authorities.
23. Reservation of Rights. All rights not expressly granted in these terms are reserved by the Site Owner. Nothing contained in these terms shall be construed as conferring any license or right under any copyright, patent, trademark or other intellectual property right of the Site Owner or any other person or entity.
24. Governing Law. These Terms shall be governed by the laws of Mexico, without regards to principles of conflicts of law.
25. Arbitration. (a) Any dispute shall be finally and conclusively settled by arbitration conducted by a panel of three arbitrators to be held in Mexico City, Mexico in accordance with the then effective rules (the “Rules”) of the International Chamber of Commerce (“ICC”), or through the Procuraduría General del Consumidor, as chosen by the client. In the event of arbitration, the language of the arbitration shall be English.
(b) Each party hereto shall appoint an arbitrator. In the event that a party hereto fails to appoint an arbitrator in accordance with the immediate preceding sentence, such arbitrator shall be promptly appointed by the ICC in accordance with the Rules. The two arbitrators so appointed by the parties or the ICC, as the case may be, shall appoint promptly the third arbitrator, who shall serve as chairman of the arbitration panel. If the two arbitrators appointed by the parties or the ICC, as the case may be, fail to appoint the third arbitrator in accordance with this section, such third arbitrator shall be appointed promptly by the ICC in accordance with its Rules.
(c) The cost of the arbitration shall be borne by the losing party. Each party, however, shall be responsible for its own legal fees and expenses.
(d) Any award of the arbitrators shall be enforceable by any court having jurisdiction over the party against which the award has been rendered, or wherever assets of the party against which the award has been rendered can be located, and shall be enforceable in accordance with Mexican law.
(e) The foregoing provisions shall not preclude the parties from applying for any preliminary or interim injunctive remedies available from any court of competent jurisdiction for any purpose including, without limitation, securing the subsequent enforcement of any arbitration award.
26. Severability and Assignment. If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction. You may not assign or transfer these Terms by operation of law or otherwise without the Site Owners prior written consent. Site Owner may assign or transfer these Terms at its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assignees.
28. Contact Information. Any notices or other communications permitted or required hereunder will be made to the following address:
Address: Periférico Sur 3449, Piso 3, San Jerónimo Lídice, 10200, Magdalena Contreras, Ciudad de México
Telephone: +52 (55) 7158 6815
E-mail: [email protected]
Additionally, any questions regarding the Terms shall be delivered to the Site Owner at the address previously provided.