PAID MANDATORY AGREEMENT (hereinafter “THE AGREEMENT”) ENTERED INTO ON THE ONE PART BY MARCOS GALANTE ABADÍ IN REPRESENTATION OF MORAL DEVO ENVÍOS BH A TU CASA, SA DE CV, AND ON THE OTHER PART, WHOM HEREINFORE REFERRED TO “THE CONSUMER”, IN THE TENSION OF THE FOLLOWING DECLARATIONS AND CLAUSES:
STATEMENTS:
- THE MANAGER DECLARES, THROUGH HIS LEGAL REPRESENTATIVE:
- Be a Variable Capital Stock Company, duly constituted in accordance with the laws of the United Mexican States, as stated in public deed number 18,066 (eighteen thousand sixty-six) dated April 26, 2023, granted before the Notary Public. Juan Carlos Ortega Reyes, Head of Public Notary Number 168 in the State of Mexico.
- That C. Marcos Galante Abadi has the necessary powers to enter into this contract, powers that to date have not been revoked in any way.
- That it is the owner of the intellectual property rights and/or copyright of the “DEVO” digital platform, its content, including international patent rights, trademarks, production designs and goods, images, logos, slogans, digital downloads, texts , communications, among others.
- That it has the necessary authorization to market the products found within its Platform.
- THE CONSUMER DECLARES:
- Call yourself as stated in your registration within the “DEVO” Platform.
- Have reached the age of majority on the date of joining this paid mandate contract and have the necessary powers to enter into this Contract.
- That it is your will to contract the service(s) provided by the Agent, in accordance with the conditions established in this Contract and in the Terms and Conditions of Use Contract of the “DEVO” platform.
- THE PARTIES DECLARE:
- Reciprocally recognize the personality with which they appear in this act.
- That they have the moral, material and economic solvency to satisfactorily conclude the agreements reached in this document, a circumstance that they mutually recognize by virtue of the fact that there is no evidence to the contrary that indicates this.
CLAUSES.
First. – OBJECT OF THE CONTRACT.
The purpose of this contract is to establish the guidelines by which the operations carried out through the Mobile Application called DEVO, hereinafter App, will be carried out, exclusively for the section related to alcoholic beverages, through a paid mandate of the which The Principal will charge a predetermined consideration for his services.
By accepting the terms and conditions of use of the App, "The Client" grants a mandate in favor of "The Agent", by which he authorizes him to purchase on his account, some of the products that, as an example, are shown in the platform;
By granting the mandate indicated in the immediately preceding paragraph, "The Consumer" requires from "The Service Provider" the delivery to the address indicated for such purposes, of any of the products acquired by the agent, which are similar or equal to those shown on the platform;
Second. - GUIDELINES FOR MAKING THE PURCHASE.
In order to request the mandate and thus acquire the desired goods and services, Consumers must be fully identified with their User Account and carry out the following procedure:
- Product selection. Select the Product by making them available through photographs and reference notes, which allow full individualization of the Products for detailed analysis by the Consumer.
- Product Validation. Once the previous step has been completed, the Operator must show the Consumer a summary of the Product in terms of its general conditions such as the brand and the presentation supplied. With this information, the Consumer will be able to validate the Selected Product, so that it can be used as a reference in relation to the product that is intended to be purchased.
- Entering the Product into the shopping cart. This income corresponds to the unequivocal will of the Consumer to acquire a specific Product, since the characteristics of the same have been sufficiently informed, having the possibility of acquiring it or not. The Operator has complete autonomy to limit the entry of the Products into the shopping cart depending on the quantity.
- Once the preceding steps have been exhausted, the price to be paid for the Selected Product is made available to the Consumer, which is reflected jointly by all the Products to be purchased. The value will correspond to the total value of the Products, including in said value the cost of the Platform service, that is, “DEVO”, as well as the transaction cost and taxes. The shipping cost will be calculated after payment.
- The Platform will redirect you to the payment section where it will give you the option to choose between payment through PayPal or by credit or debit card. Once you have selected the payment method, you must enter the requested data, and you can save it within the platform for future purchases.
- Once the previous steps are completed, a detailed summary of the mandate transaction will be displayed to the Consumer. Said summary will be kept in your purchase history, in addition to the fact that it will be sent electronically to the email address indicated by the Consumer.
- Once all the data corresponding to the transaction has been verified, “DEVO undertakes to acquire the selected products through its suppliers and will generate the shipment to the delivery address provided by the Consumer through the Platform, relying on a delivery and delivery service.
Third. - OF THE OWNERSHIP OF THE GOODS.
"The Consumer", by agreeing to be bound by this mandate contract, accepts that the operator of the same is not the owner, producer, distributor, distributor, agent or in general any type of marketer of the products shown there, since which only serves as a platform that serves as a link for direct contact and acquisition of goods between “The Consumer” and “The Agent” and to execute the orders entrusted to him as agent in relation to these.
"The Client", by accepting and considering all of the above factors, is aware and has given his/her consent that the use of the platform only constitutes a reference or connection platform through which he/she requests from "The Service Provider" , a management or order for the acquisition of a product similar or equal to the one that the platform presents, in exchange for payment for the management carried out.
Quarter. - OF THE POWERS OF THE CONTRACTORS.
“The Consumer” accepts that the products that are purchased, and that constitute controlled substances (such as alcoholic beverages or tobacco derivatives), will only be delivered when the principal is of legal age.
Fifth. - OBLIGATIONS OF THE CONSUMER.
By adhering to this contract, the Consumer undertakes to:
- Provide true and reliable information when creating your own user account.
- Refrain from transferring validation data (username and password) to third parties, in order to protect your personal data.
- Refrain from accessing and/or using the Platform to carry out acts contrary to morality, public order or customs.
- Enable the use of pop-up windows during the operation of the Platform.
Sixth. – OBLIGATIONS OF THE MANAGER.
The President undertakes to:
- Provide true, reliable, sufficient, clear and updated information regarding the products displayed, as well as a match between the product in the image and the product that will be delivered.
- Inform sufficiently about the means enabled for the Consumer to make payments.
- Send proof of the requested order to the email provided by the Consumer.
- Update when necessary, as well as make available to the Consumer the Terms and Conditions of Use of the Platform.
- Use the information only for the purposes established in these Terms.
- Make the products purchased by the Consumer available to the delivery service and have a record of them, as well as verify that they have been carried out successfully.
Seventh. - PERFECTION OF THE CONTRACT.
The perfection of the mandate contract concluded occurs at the moment in which “The Service Provider” accepts the management of the order requested by “The Consumer”. It is clarified that “The Service Provider” can only accept the order once “The Consumer” has selected the payment method. Therefore, once the steps of the purchase process have been verified, the agent, through the platform, can fully or partially accept the management of the order requested by “The Consumer”. If the order is accepted only partially, the summary will be updated showing the Products on which the order is effectively understood to have been constituted.
Eighth. - PRODUCT AVAILABILITY.
Due to the simultaneity of electronic operations inherent to this medium, in the event that one or more of the products contained in your order are not available, you will receive a notification via text message, email or through a call. telephone informing you of which products are not available. In such case, the consumer may choose to cancel or modify his order. If the Consumer chooses to modify his order, the value of the product he selects may not exceed the value of the sold-out product, if this is greater. You will receive a refund for the out-of-stock product and you will be able to purchase a new one by making a new purchase.
Ninth. - PRODUCT DELIVERY.
The home delivery system will be through delivery drivers hired by “DEVO” to carry it out.
If the delivery cannot be made for reasons attributable to the Consumer, the transportation service provider will contact the Consumer and, in accordance with its policies, will make the delivery again.
Tenth. - APPLICABLE LEGISLATION.
The parties that enter into this agreement declare that they are aware of the content of articles 2577, 2578, 2579 and 2580 of the Civil Code for the Federal District, and that said provisions are applicable to the operations carried out by “The Mandatory”.
Eleventh. – NOTIFICATIONS.
The President designates the email address: support@devo.com.mx as the notification address, as well as the Contact area within the platform, or the cell phone number 5524498008.
Once the terms and conditions presented within the Platform have been accepted, the parties express their acceptance of the agreements reached within this contract, in accordance with the articles relating to the validity of the expression of will through electronic means established in the Civil Code. Federal.