Terms & Conditions
I. Our information
The sale of products through www.scappino.com, hereinafter identified as “THE SITE” is carried out by ODEM INTERNACIONAL, S.A. DE C.V., known as scappino.com, which is a business entity legally incorporated in accordance with the laws of the United Mexican States, residing at Avenida Félix Cuevas, número 6, piso 7, Colonia del Valle, Delegación Benito Juárez, Código Postal 03200, Ciudad de Mexico, Mexico.
Our contact information for any information related to the purchase orders, the Terms and Conditions, the tracking of shipments and, in general, with regard to the products you acquire from scappino.com, through “THE SITE” are the following:
Customer Service Department.
E-mail address: firstname.lastname@example.org
Contact telephones: +52 (55) 56 28 80 40 1800 95 95
II. Acceptance of the Terms and Conditions
a. scappino.com, through “THE SITE” offers the product or products for sale, hereinafter “THE PRODUCTS”, to end users, that is, to the people who acquire “THE PRODUCTS” for purposes of personal use and who do not intend to carry out trade activities relating to “THE PRODUCTS”. Said end users shall be identified hereinafter as “THE CUSTOMER”.
scappino.com reserves the right to refrain from accepting and processing orders that are made by individuals or business entities that do not fall within the definition of “THE CUSTOMER” referred to in the preceding paragraph, and/or who do not comply with the Terms and Conditions set forth in this document, hereinafter identified as “THE TERMS AND CONDITIONS”.
b.“THE TERMS AND CONDITIONS” establish the form and the basis by which the use of “THE SITE” and the purchase and sale of “THE PRODUCTS” are governed. Therefore, we ask that you please read “THE TERMS AND CONDITIONS” carefully, before making use of “THE SITE”, because whenever you use “THE SITE” and/or place a purchase order through it, you consent and agree to be bound by "THE TERMS AND CONDITIONS”. In the event you do not agree with “THE TERMS AND CONDITIONS” you must refrain from using “THE SITE” and consequently from placing purchase orders and/or registering with “THE SITE”.
c."THE TERMS AND CONDITIONS” may be modified by scappino.com, therefore it is your responsibility to read and analyze them periodically and always before making any purchase order, purchase and/or registration on “THE SITE”, since “THE TERMS AND CONDITIONS” in force at the time you make your purchase order, purchase and/or registration, will be those that govern our legal relationship for said purchase order, purchase and/or registration.
d.The contract entered into between scappino.com and “THE CUSTOMER” will not be considered perfect until such time as scappino.com fully accepts the purchase order placed by “THE CUSTOMER”, and is subject to the condition that “THE CUSTOMER” complies with “THE TERMS AND CONDITIONS” to which this document refers, as regards the obligations of “THE CUSTOMER”.
e.In the event the purchase order is not accepted, scappino.com will inform “THE CUSTOMER”, as soon as possible, through the e-mail provided by “THE CUSTOMER”, at the time of registration on “THE SITE”.
f. By placing a purchase order on “THE SITE”, hereinafter referred to as “THE PURCHASE ORDER”, “THE CUSTOMER” declares that he/she is aware of and agrees with the instructions provided during the processing of “THE PURCHASE ORDER” and, as applicable, purchase, as well as declaring that he/she has read, analyzed and understood “THE TERMS AND CONDITIONS” set forth in this document, which he/she accepts and agrees with.
g.“THE TERMS AND CONDITIONS” govern the legal relationship between scappino.com and “THE CUSTOMER”. scappino.com and “THE CUSTOMER” will hereinafter be identified, jointly, as “THE PARTIES”.
III. Forms of purchase
a. “THE PRODUCTS” offered by scappino.com are those shown on “THE SITE” at the time “THE CUSTOMER” places “THE PURCHASE ORDER”, as such are described and specified in the corresponding page of the product that appears on “THE SITE”.
b. “THE PARTIES” agree that the images of “THE PRODUCTS” contained on the corresponding product pages that appear on “THE SITE”, have the sole purpose of providing information and may not perfectly represent some characteristics of “THE PRODUCTS”, therefore such characteristics may present differences including, but not limited to texture, color and, as applicable, size. The foregoing is derived from the visualization of the images on “THE SITE”.
c. To place “THE PURCHASE ORDER”, “THE CUSTOMER” must:
(I)Register on the scappino.com portal.
(II)Carefully read and analyze “THE TERMS AND CONDITIONS” until these are fully understood. In the event “THE CUSTOMER” agrees with “THE TERMS AND CONDITIONS”, they may continue to place "THE PURCHASE ORDER”.
(III)Carefully review the characteristics of “THE PRODUCTS” he/she wishes to order.
(IV)Take into consideration that within the “THE PURCHASE ORDER” process, scappino.com may inform “THE CUSTOMER” of the maximum quantity of “THE PRODUCTS” that may be available for sale. Therefore, in order to get more information about the quantities of “THE PRODUCTS” available, “THE CUSTOMER” should contact scappino.com, through the contact information of the Customer Service Department indicated in “THE TERMS AND CONDITIONS”.
(V)Review and agree to the price of “THE PRODUCTS”, which includes all applicable duties and taxes.
(VI)Should “THE CUSTOMER” agree with “THE TERMS AND CONDITIONS”, he/she may send “THE PURCHASE ORDER” to scappino.com.
scappino.com will deliver an invoice, receipt or proof of purchase to "THE CUSTOMER” with the specific details of the purchase made, in the terms of the applicable legal provisions.
IV. Regarding price and form of payment
a. Prior to “THE CUSTOMER” making any payment for “THE PRODUCTS”, scappino.com will clearly and visibly indicate the total amount to be paid for “THE PRODUCTS”. It should be noted that the total price displayed will include all taxes, shipping costs and any other charge, expense or additional outlay that is required to cover “THE PURCHASE ORDER” of “THE PRODUCTS” by “THE CUSTOMER”.
b. Purchases will be made through the online payment service called PayPal®. The payment must be made at the time “THE PURCHASE ORDER” of “THE PRODUCTS” is placed so that the shipment can be processed by scappino.com.
c. At no time does scappino.com have knowledge of the payment and/or banking information of “THE CUSTOMER” and therefore may not be held responsible for any possible fraudulent, improper or any other kind of use that a third party may make of credit or debit cards during the payment process completed by “THE CUSTOMER”.
V. Regarding delivery of “THE PRODUCTS”.
a. “THE PRODUCTS” acquired will be delivered by scappino.com or by any of its logistic services suppliers at the address indicated by “THE CUSTOMER” in “THE PURCHASE ORDER”, respecting delivery times which will be at most thirty (30) calendar days as of the notice of acceptance by scappino.com.
The delivery of “THE PRODUCTS” will be made only within the borders of the United Mexican States. In the event “THE PRODUCTS” cannot be delivered for any reason not attributable to scappino.com, “THE CUSTOMER” shall be informed of such via the e-mail address provided by “THE CUSTOMER” as soon as possible, proposing at least one different delivery option. In which case “THE CUSTOMER” must select the option that best suits him/her via e-mail so that scappino.com is able to make the delivery of “THE PRODUCTS”.
“THE CUSTOMER” is obligated to monitor the probable delivery date of “THE PRODUCTS” on “THE SITE” and to be present or leave a person of legal age to be in charge of receiving “THE PRODUCTS” at the address he/she has indicated for that purpose.
In the event that “THE CUSTOMER” fails to receive “THE PRODUCTS”, within a period of 15 business days as of the first notice of delivery of “THE PRODUCTS”, the sale-purchase transaction will be deemed to be rescinded, and therefore scappino.com is obligated to return the price paid by “THE CUSTOMER” to the latter.
b. “THE CUSTOMER” may make claims and/or requests for refunds through “THE SITE” by sending an e-mail to the Customer Service Department, in accordance with the contact details indicated in these “TERMS AND CONDITIONS”. scappino.com will cover shipping costs of returns when they are covered by guarantee in accordance with the provisions of “THE TERMS AND CONDITIONS”.
In the event that “THE CUSTOMER” has purchased “THE PRODUCTS” on sale and/or at a discount before returning the product and requesting a refund of his/her money, “THE CUSTOMER” agrees that scappino.com will only be required, in case the return is approved, to refund the sale price that “THE CUSTOMER” has paid and under no circumstances will it return an amount greater than the one actually paid by “THE CUSTOMER”.
c. The delivery times indicated by scappino.com will be considered as indicative only and any delivery delay does not authorize “THE CUSTOMER” to refuse delivery of “THE PRODUCTS” in question or to request payment of any kind of redress or compensation.
d. At the time of delivery of “THE PRODUCTS”, but before accepting them, by signing the acceptance slip, “THE CUSTOMER” must:
(I) Make sure that the number of packages to be delivered corresponds with what is indicated in the waybill;
(II) That the packaging is intact, undamaged, completely dry, unaltered and completely sealed.
a. Once you have confirmed what is established in the preceding paragraph, you must sign the shipping company's delivery receipt to indicate acceptance.
b. In the event that there is damage or any of the situations indicated in paragraph d) above, “THE CUSTOMER” must indicate such by writing it down specifically in the delivery receipt for “THE PRODUCTS” that will be delivered to the shipping company or carrier.
VI. Causes for return
a.The following will be causes for the return of “THE PRODUCTS”:
1. Due to factory defects that make them unfit for their usually intended uses, or that diminish their quality or the possibility of their use.
2. Because they do not comply with any of the specifications that were indicated on the product page at the time of purchase, such as: size, color, model and/or type of material.
VII. Return process.
In the case any of the causes referred to in the preceding chapter applies, the return process will be as follows:
a. "THE CUSTOMER" must contact our Customer Service Department, by e-mail or telephone indicating the reason for the return with a photograph of the product he/she wishes to return.
b. scappino.com, through its Customer Service Department, will issue a case number for the requested return, as well as a waybill number so that “THE CUSTOMER” can send such “THE PRODUCTS” at no cost. For this purpose, “THE CUSTOMER” must indicate to scappino.com through its Customer Service Department, in response to the e-mail he/she has received, the address from which scappino.com will collect “THE PRODUCTS”, or otherwise indicate whether “THE CUSTOMER” prefers to leave “THE PRODUCTS” at any of the branches of the courier service scappino.com indicates.
c. Once “THE PRODUCTS” are received by scappino.com, its Quality Control Department shall review the product or products to verify the conditions in which “THE PRODUCTS” are found.
d. Once scappino.com determines whether the return should proceed or not as set forth in “THE TERMS AND CONDITIONS”, it will notify “THE CUSTOMER” of the answer and, if applicable, the steps to follow. It should be noted that this process takes approximately 15 days, as of the date on which scappino.com receives “THE PRODUCTS” from “THE CUSTOMER”.
VIII. Regarding the requirements for the return
a.“THE CUSTOMER” may return “THE PRODUCTS” to scappino.com, during the following 90 (ninety) calendar days, as of the date of receipt of “THE PRODUCTS”, provided any of the causes of return referred to in "THE TERMS AND CONDITIONS” are met.
b.“THE PRODUCTS” must be returned in full, that is, complete in each and every one of their parts, in the original packaging (wrapping, bags, boxes, etc.) the “THE CUSTOMER” has received them in and with the labels still affixed to “THE PRODUCTS”.
c.“THE PRODUCTS” must be preserved and kept in good condition, without stains or filth, and without having used soaps or detergents of any kind on them and without removing the labels. Only with the normal use “THE CUSTOMER” requires to try the products on for size and learn about their characteristics.
d.The return must be made of the entire product complete with its accessories, as long as they for part of the product. Even those that can be separated from the garment, when they form part of the product.
e.Once “THE CUSTOMER” has received "PRODUCTS" in accordance with the provisions of Chapter V of this document, he/she will be fully responsible for “THE PRODUCTS”, as well as the state in which they are found, for the purposes of the refund referred to in this chapter.
IX. Regarding the guarantee
In the event that “THE PRODUCTS” received by “THE CUSTOMER” has a manufacturing defect that makes it unfit for the usually intended uses, that reduces its quality or the possibility of its use, “THE CUSTOMER” may request the replacement of the product or the refund of the total amount paid for it. In the event that “THE CUSTOMER” opts for the replacement of the product, scappino.com will not be obligated to return the price paid for said product by “THE CUSTOMER” and will only be responsible for the shipping costs for the return of the product originally sent, as well as cover the cost of shipping the new product to “THE CUSTOMER”.
The term to exercise the guarantee will be ninety days, counted from the delivery of the product.
In the event of a rebate, “THE CUSTOMER” will only be entitled to a rebate from scappino.com in the event the product does not meet the conditions referred to in the preceding paragraph, only for causes directly attributable to scappino.com. In which case, the rebate may not be greater than 20% (twenty percent) of the price that “THE CUSTOMER” paid for said product. In the terms of the applicable legal provisions of the Federal Consumer Protection Law.
X. Events beyond the control of scappino.com
a.Scappino.com will not be responsible for any breach or delay in the fulfillment of any of the obligations established in “THE TERMS AND CONDITIONS” whose cause is due to events that are beyond its reasonable control (Unforeseen Circumstances or Force Majeure causes). Unforeseen Circumstances or Force Majeure causes shall include, among others, the following: strikes, lockouts or other protest measures, civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or otherwise) or threat or preparations for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, the impossibility of using trains, boats, airplanes, motorized or other means of transport, public or private, the impossibility of using public or private telecommunication systems, acts, decrees, legislation, regulations or restrictions of any government or public authority, (vii) strike, failures or accidents of maritime or water transport, postal or any other type of transport.
XI. Intellectual property rights
“THE PARTIES” agree that the contents included and/or referred to on “THE SITE” including, without limitation: logos, colors, images, photographs, drawings, figures, dialogues, music, sounds, works, videos , documents, menus, graphics, outlines, characters and design, diagrams, layouts, processes, functions, software, methods and any other material or element that is part of “THE SITE”, are protected by copyright and any other intellectual property right of scappino.com, or any third party it hires or persons related thereto. Therefore the total or partial reproduction, in any form, of “THE SITE” and its contents is prohibited.
“THE CUSTOMER” is only authorized to view “THE SITE” to be able to make a purchase of “THE PRODUCTS” in accordance with "THE TERMS AND CONDITIONS”. “THE CUSTOMER” may only perform temporary acts considered as temporary and incidental that are an integral and necessary part for the visualization and correct use of “THE SITE” according to applicable legal terms. “THE CUSTOMER” is not authorized to reproduce all or part of "THE SITE” and its contents in any way whatsoever. Any act of reproduction must be authorized, in each case, in writing by scapino.com or, as appropriate, by the authors of the individual works contained on “THE SITE”. The authors of the individual works published on “THE SITE” will have, at any time, the right to claim authorship of their works and to oppose any undue use thereof that harms their honor and reputation. “THE CUSTOMER” is obligated to respect the copyright of the artists who have decided to publish their works on “THE SITE”.
XII. Regarding language
“THE TERMS AND CONDITIONS” are written in Spanish, English and Italian. Should any dispute arise, the Spanish version will prevail.
XIII. Information on “THE SITE”
The information on “THE SITE” is intended for informative purposes only and in no way shall it be construed as advice. The information, content, photographs, videos, music, etc, contained on “THE SITE” is not free of unintentional errors, therefore scappino.com shall not be responsible for any harm resulting from the use or inability to use “THE SITE”, including harm caused by malicious software, viruses or any inaccuracies or deficiencies in said information or on “THE SITE”, nor for damages resulting from non-delivery or delay in electronic communications, interception or manipulation of electronic communications by third parties or computer programs used for electronic communications and virus transmission, except if said damages or situations are the result of any inappropriate, intentional and/or gross negligence on the part of scappino.com, which has been duly and legally accredited.
XIV. Jurisdiction and competency and use of Alternative Dispute Resolution Mechanisms.
The use of “THE SITE” and the contracts for the purchase of products through said site, as well as “THE TERMS AND CONDITIONS” shall be governed by Mexican law. Any dispute that arises or relates to the use of “THE SITE”, the contracts for the purchase of products through said site, as well as “THE TERMS AND CONDITIONS” will be submitted to the jurisdiction of the courts and tribunals of Mexico City, and “THE PARTIES” expressly waive any other jurisdiction that may correspond to them due to their present or future residences or for any other reason. If you are entering into the contract as a consumer, nothing in this clause will affect the rights that are recognized by the Federal Consumer Protection Law. Furthermore, in the terms of the Recommendation of the Council of the Organization for Economic Cooperation and Development regarding the guidelines for Consumer Protection in the Context of Electronic Commerce, and specifically the guidelines for Alternative Mechanisms for the Resolution of Disputes , scappino.com puts at your disposal the invitation to go to a Private Mediation procedure, through Mediators authorized by the Superior Court of Justice of Mexico City, online, with the purpose of attempting to reach a peaceful and effective solution that resolves the conflict that may arise between “THE PARTIES”, derived from the use of “THE SITE”, the contracts for purchasing the products through said site, as well as "THE TERMS AND CONDITIONS”.