Terms and Conditions
Valid from: 11/15/2021
Dear customer, we appreciate your visit and we inform you that by accessing our site https://streamerch.com.mx (hereinafter, the "Website") and making any transaction, it is understood that you are aware of this agreement and accepts it in all its terms.
By visiting the Website, you are subject to the guidelines, rights and restrictions mentioned herein . The Website is the property of BLACK ECCO TI SA de CV (hereinafter, “BLACK ECCO”) with address located at Privada de Colina 18, Col. Del Carmen, Coyoacán, CP 04100, Mexico City, Mexico, and with identity card. tax identification number BET190705434. BLACK ECCO reserves the right, at its sole discretion, to modify these Terms and Conditions, such modification being effective from the moment of its publication. It is your responsibility to verify and consult the Terms and Conditions in order to be able to know the corresponding changes or modifications.
This contract describes the general terms and conditions (the “Terms and Conditions”) applicable to our services (hereinafter, the “Service” ) and to purchases of products offered by BLACK ECCO (hereinafter, the “Products” ). within the Website. Any person who wishes to access and/or use the Website or the services may do so subject to the Terms and Conditions.
ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH ARE OBLIGATORY AND BINDING, MUST REFRAIN FROM USING THE WEBSITE AND/OR THE PRODUCTS. OTHERWISE, THE USE OF THE WEBSITE WILL BE UNDERSTANDED AS YOUR FULL CONSENT TO THESE TERMS AND CONDITIONS.
The User undertakes to read all the conditions established in the 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 the Website.
Any new features or tools that are added to the current store will also be subject to the Terms and Conditions of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
- Ability.
The content and services offered by the Website are reserved and directed only to people who have the legal capacity to contract. It is the responsibility of the parents or guardians to supervise the conduct of minors who enter the Website.
- User register.
It is mandatory to complete the data form in all its fields with valid data in order to use the Service provided by the Website prior to the purchase of any Product. The User must complete it with their personal information accurately, precisely and under protest to tell the truth ('Personal Data'), the same Personal Data that will be subject to the treatment described in the Privacy Notice, which can be consulted in the link: https ://streamerch.com.mx/pages/aviso-de-privacidad
Providing any false or inaccurate information constitutes a breach of these Terms and Conditions, which may set up a cause for immediate termination of the legal relationship between the parties.
The User will be responsible for all the operations carried out with their Personal Data, so that in this act BLACK ECCO is released from any liability that may arise from improper or illegal use of their Personal Data by third parties unrelated to this legal relationship.
- Information Privacy.
BLACK ECCO, with address at Privada de Colina 18, Col. Del Carmen, Coyoacán, CP 04100, Mexico City, Mexico , is responsible for the confidentiality, use and protection of personal information that is provided to us.
To use the Content and Services offered by BLACK ECO, Users must provide certain personal data, which will be used to identify you and comply with the commercial relationships that are carried out, provide you with the services and products purchased, and/or or inform you about offers, promotions and surveys regarding our products. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, the User may consult the Privacy Notice.
All aggregate information and personal information obtained from the User through the use of the Website will be treated confidentially, in addition to being protected against any misuse or alteration.
It is established that it is the User's decision to provide personal information to BLACK ECCO. Therefore, the User is responsible for the veracity and reliability of said information.
For the purposes of the provisions of articles 16, 18 and 18 bis of the Federal Consumer Protection Law, the User grants his express consent and acceptance to receive information for marketing or advertising purposes. In the same way, the User authorizes BLACK ECCO, in the broadest way that legally proceeds, to use the Personal Information to resolve controversies or disputes related to the Website and violations of this Agreement.
BLACK ECCO ensures the confidentiality of the data provided by Users, and guarantees that in no case will it be transferred to third-party companies, in the event that the User opposes said purposes, under the terms of the Privacy Notice.
- - Electronic Communications .
Every time the User uses a Website Service, they will be communicating electronically with BLACK ECCO. The User agrees to receive communications from BLACK ECCO electronically through email and messages posted on the Website. The User accepts that all contracts, notices, messages and other notifications and communications that we send by electronic means satisfy any legal requirement in writing and will have the legal effects and validity that commercial legislation attributes to them.
- - License and Access.
Subject to compliance by the User with the Terms and Conditions, as well as payment of the applicable price, if applicable, BLACK ECCO grants a limited, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use of the Website solely for personal and non-commercial purposes. This license does not include any right of resale or commercial use of any of the services or contents of the Website ; any right to compile or use any list of products, descriptions or prices; any right to make any derivative use of the services of the Website or its contents; to download or copy any account information for the benefit of another company; nor the use of search and data extraction tools or robots or similar.
The reproduction, duplication, copying, sale, resale or exploitation of any type of the services of the Website or any part thereof for commercial purposes is not permitted. You are also not allowed to place or use placement techniques to introduce any trademark, logo or other information protected by industrial property or copyright (including images , text, page layouts or formats) without the corresponding prior written consent from us.
The use of meta tags (meta tags) or any other "hidden text" using BLACK ECCO's names or marks is not permitted without our prior written consent. You may not misuse the services of BLACK ECCO. You are only permitted to use the Website in a lawful manner . Any breach by the User of the Terms and Conditions will result in the termination of the licenses granted hereby.
- Information Contained on the Site.
The User acknowledges and accepts that the information published and contained on the Website will be clearly identified in such a way that it is recognized that it is the property of BLACK ECCO.
The information, concepts and opinions published on the Site do not necessarily reflect the position of BLACK ECCO or its employees, officers, directors, shareholders, licensees and concessionaires (hereinafter the Affiliates). For this reason, we are not responsible for any of the information, opinions and concepts that are issued on the Website or through public forums or any other space or service that is provided through the Website. Likewise, we are not responsible for the consequences that may arise from the use of advice, procedures, etc., included in any Internet page, with the understanding that the use and follow-up of said user is at the User's own risk and responsibility. advice, comments, procedures, tips, etc., that are given in the referred spaces.
We reserve the right to block access or remove, in whole or in part, all information, communication or material that, in its sole judgment, may be: (i) abusive, defamatory or obscene, sexual, racial (ii) fraudulent, contrived or misleading, (iii) in violation of copyright, trademark or any intellectual property right of a third party, (iv) offensive or (v) in any way contravene the provisions of this Agreement.
- - Marketing of Products .
BLACK ECCO will publish the items and the price that the User must pay for them in accordance with the payment term that the User wishes according to the options displayed on the Website , in the same way, indicate if they have any promotion and/or discount, validity of the same and the number of pieces available for the promotion and/or discount, as well as the means of payment enabled to liquidate said articles .
In the event that the User chooses to purchase a Product, the order number that is assigned when carrying out the transaction on the Website will serve to monitor the corresponding operation. If BLACK ECCO has a problem with the User's order, it will communicate it by email or by telephone to the email and telephone numbers provided by the User.
The operation is subject to availability of the Products. If there are no stocks of the Product, BLACK ECCO will notify the User, in this case the User expressly authorizes BLACK ECCO to refund the price of the Product in question or cancel the charge related to the price, according to the form of payment that the User you have chosen to purchase the item in question.
The prices of our products are subject to change without prior notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or interruption of the Service, except for those Services already contracted.
We reserve the right to discontinue any Product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any Product, Service, information or other material purchased or obtained by you will meet your expectations, provided that we do our best to image the quality of the product and describe the product, although The User understands that the experience of an online purchase is not the same as that of a physical purchase in which they can see the Product in person and not through a screen.
- Images .
BLACK ECCO is not responsible and does not guarantee that the color or colors, details and size of the images that the User sees on his monitor or electronic device in which he views the goods and/or services, exactly matches the color and physical details of each product displayed electronically on the Website, whenever the resolution of the monitor or electronic device in which the User appreciates (and the particular visual conditions of each person may vary) the articles and/or description of the services or images of these , is not of the necessary quality for an appropriate observation of it; as regards definition, sharpness, screen resolution (number of pixels), scale. In addition to the fact that the colors shown here are approximate to the real ones and may vary depending on the finish and lighting of each and every one of the goods and/or services displayed.
- Way to pay.
BLACK ECCO will enable various means through which the User may pay the price of the Products and/or Services purchased through the Website, forcing the User to settle the Price of the Products and/or Services in question, according to the form you choose at the time of making the purchase.
Each Product and/or Service offer will indicate the means of payment that we will enable for the User to settle the price of the Product and/or Service that is intended to be purchased.
In the event that the User chooses a credit card from a financial institution or Pay Pal as a form of payment, the User's creditor will be the financial institution that grants the respective credit .
In the event that the User chooses a payment option in installments, he must comply with each of the agreed payment periods and precisely on the day on which the term granted for this purpose expires, otherwise, they will generate Default interest charged to the User, which will be quantified by applying the Interbank Equilibrium Interest Rate (TIIE), in its 28-day quote, one unit, multiplying the result by the fixed factor of one point six, subtracting finally, the unit previously added to the TIIE, or the rate for calculating default interest being the one published for that purpose by Banco de México at the time.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
- shipping .
BLACK ECCO will send the items that the User has purchased, through its own delivery team, courier or parcel, or delivery service of the corresponding Product provider , as determined. As appropriate, the shipping cost will be indicated on the Website, together with the price of the respective Product and/or Service. As appropriate, the shipping cost will be determined based on the volume of the Product and the destination where it must be delivered. When accepting the Terms and Conditions when making the purchase, the User acknowledges accepting the corresponding charge for said shipment, if applicable .
In the case of pre-sales, the delivery of the article and/or service will be notified once the relative supplier indicates the launch date of the article and/or relative service.
In the event that the purchase order is not completed within the aforementioned time limit due to various inventory circumstances, which include but are not limited to, lack of inventory and/or the Product is discontinued, BLACK ECCO will have the right to return the amount paid by the end customer in the same terms and manner in which the payment was made.
In order to provide security to the User in the delivery of the Products that he acquires through the Site, he accepts that he must present his official identification (valid voter identification card, valid passport or professional certificate) to the delivery team or the delivery company. corresponding courier , so that the latter can deliver the corresponding item. In the event that the recipient is an authorized person, they must present the official identification of the User, as well as their own.
In the event that the User cannot be located at the address indicated for the delivery of the Products, BLACK ECCO will contact the respective User at the telephone number that the User has provided to BLACK ECCO for this purpose, in order to confirm the data registered by the User on the Website, to make an additional delivery attempt. In the event that the User cannot be located, BLACK ECCO will cancel the sale in question, a situation that will inform the User through email, and as appropriate: i) return to the User, the amount that he has paid, or ii) will cancel the charges according to the means of payment that the User has chosen.
It is important for BLACK ECCO to be able to comply with the delivery, it is necessary that the billing address and the addressee contain the complete data.
- Return and Guarantee a.
The User may return any item purchased on the Site for the following reasons:
- If the item has manufacturing defects.
- b) If there is a mistake in the item sent, keeping the original packaging and without presenting signs of abuse.
In the reception of erroneous or damaged merchandise, it will be applied to the physical change of the same only if it was reported during the first 24 hours after its delivery, to the following email or the following telephone numbers.
Email: contacto@streamerch.com.mx
Phones: 55xxxxxxxx
- Electronic Billing Policies .
BLACK ECCO offers the online billing service . For the issuance of the Invoice, the User must provide certain information and data and RFC to which the document must be issued.
For any request to issue the invoice, it is necessary for the User to have the purchase receipt or confirmation number of the sale(s) made on the Internet.
The User accepts that the information and fiscal data provided for the issuance of the Electronic Invoice is correct and complete and for this reason is obliged to respond to BLACK ECCO regarding said information and/or the misuse that may be given to the itself, forcing themselves to keep the corresponding original document (purchase note and/or purchase confirmation number) for future clarifications.
13. Prohibitions.
Users may not: (a) manipulate the prices of items; (b) insult or attack other Users; (c) use your reputation, ratings, comments or feedback received on the Website in any way outside of the Site; (d) impersonate another User of the Site, (e) use our Products for any illegal or unauthorized purpose or may, in the use of the Service, violate any laws in your jurisdiction, (f) transmit any worms or viruses or no code of a destructive nature within or through the Website, (g) violate our intellectual and/or industrial property in any way, (h) harass, abuse, insult, violate, damage, defame, belittle, intimidate, threaten or discriminate against any person directly or indirectly through the Website, (i) carry out spam, phishing, tracking, endorsement or any other activity that seeks to collect personal data from third parties without their authorization, (j) make publications with obscene, violent, pornographic, defamatory, misleading, false, or that in any other way is considered immoral or illegal, and/or (k) use the Website, the information and/or Products contained therein, for any purpose unlawful or illegal, or to solicit any third party to participate in unlawful or illegal purposes .
This type of activity will be investigated by BLACK ECCO and the offender may be penalized with the suspension or cancellation of the offer, without prejudice to legal actions that may result from the configuration of crimes or violations of the applicable legal provisions.
- Violations of the System or Databases.
No action or use of a device, software, or other means intended to interfere in the activities and operations of the Website as well as in the offers, descriptions, accounts or databases of BLACK ECCO is allowed. Any intrusion, attempt or activity that violates or is contrary to the laws on industrial property or copyright law and/or the prohibitions stipulated in this contract, may be classified as criminal.
- Scope of Site services.
This agreement does not create any partnership, mandate, franchise, or employment relationship between BLACK ECCO and the User.
- System failures.
BLACK ECCO is not responsible for any damage, loss or loss to the User caused by failures in the system, on the server or on the Internet. BLACK ECCO will not be responsible for any virus that could infect the User's equipment as a result of the access, use or examination of its website or as a result of any transfer of data, files, images, texts, or audio contained in it. Users may NOT impute any responsibility or demand payment for lost profits, due to damages resulting from technical difficulties or failures in the systems or on the Internet. BLACK ECCO does not guarantee continuous or uninterrupted access and use of its site.
The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond BLACK ECCO; In such cases, efforts will be made to restore it as quickly as possible without any type of responsibility being imputed for this. BLACK ECCO will not be responsible for any errors or omissions contained in its Website.
- Intellectual property. links
The contents of the screens related to the BLACK ECCO services, as well as the programs, databases, networks, files that allow the User to access and use their Account, are the property of BLACK ECCO and are protected by laws and treaties. international copyright, trademarks, patents, models and industrial designs. The improper use and total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by BLACK ECCO.
The Website may contain links to other websites. By virtue of the fact that BLACK ECO has no control over such sites, we will NOT be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by the use of them, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, or endorsement by us of such sites and their contents.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant or assume any liability for any third-party materials or websites, or for any other third-party materials, products, or services. We are not responsible for any damages or harm related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third party websites. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third party products should be directed to a third party.
- User Comments and Communications
If, at our request, you submit certain specific data or feedback (for example, contest entries) or without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post postal or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any medium any comments you submit to us. We are and are under no obligation (i) to keep any Comments secret or confidential; (ii) pay compensation for any ideas, recommendations or comments; or (iii) to respond to any comments.
We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property of any of the parties or these Terms and Conditions within the Website. You agree that your comments, information, or items you enter on the Website will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or the Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We do not assume any responsibility for comments posted by you or a third party.
- Errors, Inaccuracies and Omissions
Occasionally, there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Website is incorrect at any time without notice (including after you have submitted your order).
We do not undertake any obligation to update, modify or clarify the information in the Service or on the Website, including, without limitation, pricing information, except as required by law. No specified update or update date applied in the Service or the Website should be taken to indicate that all information in the Service or on the Website has been changed or updated.
- Agreement Modifications
BLACK ECO may modify the Terms and Conditions at any time, making them public on the Website. All amended terms will be effective upon posting on the Website.
- Assignment of Rights.
BLACK ECCO may, at any time and when it deems appropriate, assign all or part of its rights and obligations under this Agreement. By virtue of said assignment, BLACK ECCO will be released from any obligation in favor of the User established in this Agreement.
- Compensation.
The User agrees to indemnify BLACK ECCO, as well as its Affiliates, Suppliers, Vendors and Advisors, from any action , demand or claim (including legal fees and court costs) derived from any breach by The User of the this Agreement.
- Termination.
BLACK ECCO reserves the right, at its sole discretion, and without the need for notice or notification to The User, to:
- Definitely terminate this Agreement.
- Discontinue or permanently stop publishing on the Website without any liability to itself, its Affiliates or suppliers.
- Subsistence.
These Terms and Conditions constitute the entire agreement between the Parties and supersedes any other agreement or convention entered into previously. Any clause or provision of this Agreement, legally declared invalid, will be eliminated or modified, at BLACK ECCO's choice, in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their force, obligation and validity.
- Home.
For purposes of this Agreement, BLACK ECCO's address is located at Privada de Colina 18, Col. Del Carmen, Coyoacán, CP 04100, Mexico City, Mexico.
- Governing Law and Jurisdiction.
The Federal Consumer Attorney's Office is competent to hear through administrative channels to resolve any controversy that may arise regarding the interpretation or fulfillment of this contract.
With regard to judicial proceedings, for the interpretation and fulfillment of this contract, the parties submit to the applicable legislation in the United Mexican States and to the jurisdiction and jurisdiction of the competent Courts based in Mexico City, expressly waiving any other jurisdiction that, for another reason of their present or future domiciles or vicinity, or for any other cause, may correspond to them.