Terms and Conditions.

 

            These general conditions of use and general information (hereinafter the “General Conditions”) regulate the use and access to the mobile application called “DEVO” (hereinafter “the App”), which together with all the contents made available to The users of the Platform are owned by DEVO ENVÍOS BH A TU CASA SA DE CV (Sociedad Anónima de Capital Variable), hereinafter “DEVO”.

            By your access and use of the Services you agree to be legally bound by these Conditions, which establish a contractual relationship between you and “DEVO”. If you do not accept these Conditions, you will not be able to access or use the Services, they expressly replace previous agreements or commitments with you. In case of breach of these Terms and Conditions by you, “DEVO” may deny you access to your account and/or the services.

            On the other hand, “DEVO” reserves the right to modify or terminate these Terms and Conditions or any of the Services offered in the App in whole or in part, by prior notification through the applications and/or email. , such modifications will be effective once any type of notification is made.

General information

In compliance with current legislation, the following legal identification data of the owner of the Platform are set out below.

• Owner: DEVO ENVÍOS BH A TU CASA SA DE CV
• RFC: DEB230515UX7
• Contact email: support@devo.com.mx
• Telephone: 5524498008

Definitions

Consumer: Whoever accesses and/or uses the Platform to access various Products that suppliers make available on the market and that are used to satisfy some type of need. Regarding the alcoholic beverages section, the Consumer is the one who accesses the Platform to request through it a paid mandate, whose task consists of the execution of a purchase and sale contract or any other type of lawful contract, in order to acquire goods. or services.

Paid mandate contract concluded by electronic means : That agreement of wills entered into between the Consumer and “DEVO”, through which the Consumer requests, through the Platform, the management of an order from “DEVO”, the latter being obliged to fulfill said order at the expense and risk of the Consumer, in exchange for receiving remuneration as consideration.

Cost for Platform services : It is the additional amount to the price of the product that will serve as the remuneration that “DEVO” receives as consideration for its services.

Personal data: It is all the information that makes it possible to identify or make identifiable a natural person.

Of legal age: Natural person over eighteen (18) years of age. With legal capacity to enter into contracts.

Interaction on the Platform: Consumers' power to learn about the products displayed by the Operator, as well as the advertising made available on the Platform.

Platform: Web application managed by “DEVO”, which allows the competition in a market of Consumers and Commission Agents so that through contracts of either sale or mandate the Consumer requests the management of an order.

Pop-Up Window (Pop-Up): Window or internet notice that automatically emerges at any time when the Platform is used, especially used for the formalization of the mandate contract concluded by electronic means between Consumers and Commission Agents.

Object

These Terms and Conditions regulate the authorization of use that DEVO grants to Users/Consumers, so that they can access the App, obtain information about the products and services displayed, offered and marketed by DEVO, as well as by Commercial Allies, and can acquire them through the Virtual Platform.

DEVO, through its mobile application, carries out, but is not limited to, the following actions:

1. It displays different products that it owns so that they can serve as a reference for Users/Consumers and they can purchase them.
2. Displays different products in advertising so that they can serve as a reference for Users/Consumers and they can purchase them.

• Facilitates the meeting between suppliers and consumers to establish the contractual relationship.

Terms of use

 

Access through direct user subscription to the Platform implies knowledge and acceptance of the following Conditions and Terms of Use:

Access and Registration

In order to be a User of the Platform, it is essential that the following requirements be met:

• Have reached the age of majority or be over 18 years of age.
• Truthfully complete the mandatory fields of the registration form, which request personal data, which will be protected according to the terms of the Privacy Notice available in the application.
• Download the “DEVO” Mobile Application.
• Create a “DEVO” account which will be personal and non-transferable.
• Accept the Privacy and Data Protection Policy of “DEVO”.
• Accept the Cookies Policy, if applicable.

The User guarantees that all data regarding their identity and legitimacy provided to “DEVO” in the Platform registration forms are true, accurate and complete. Likewise, you agree to keep said data updated. In the event that the User provides any false, inaccurate or incomplete data, or if “DEVO” considers that there are well-founded reasons to doubt the veracity, accuracy and integrity of the same, “DEVO” may deny access and use present or future of the Platform or any of its contents and/or services.

The User may access the Platform by providing email, a password and their full name. “DEVO” will provide each user with a User name that will correspond to the email that the user has used to register. Said user name is strictly confidential. The user agrees not to disclose the data related to his or her account or make it accessible to third parties. The User will be solely responsible in the event of use of said data by third parties, including the statements made on the Website, or any other action carried out through the use of their username and password.

The security of the Platform depends largely on the security of the authentication credentials used, as well as the programs through which it is accessed, their versions and configurations, which is why “DEVO” will take all measures. possible to maintain the confidentiality and security described above, but will not be liable for any damages that may arise from the violation of these measures by third parties who use public networks or the Internet, altering security systems to obtain access to information.

Likewise, the Platform is not responsible for the improper use of users' identity, credit or debit cards, so it is their sole responsibility to maintain the confidentiality of their user account data and password, therefore, The user is obliged to immediately inform “DEVO” of the theft, disclosure or loss of his/her username and/or password, immediately notifying support@devo.com.mx.

We ask that you choose a strong, non-predictable password. The use of symbols, capital letters and numbers is recommended.

User Requirements and Behavior

The Service is not available for use by persons under 18 years of age. You may not authorize third parties to use your account, nor may you allow persons under 18 years of age to receive the services. You may not assign or transfer your account. You agree to comply with all applicable laws when using the Services and may only use the Services for legitimate purposes. In the use of the services, you will not cause hindrance, annoyance, inconvenience or property damage, either to the Third Party Provider or to any other party. In some cases, you may be required to provide identification or other identification verification for access or use of the Services, and you agree that you may be denied access to or use of the Services if you refuse to do so. provide the identity document or identity verification element.

Duties of the User/Consumer:

With the acceptance of these Terms and Conditions of use of the Platform, the User/Consumer undertakes to:

1. Provide your own, truthful and reliable information about your personal information and/data when registering on the Platform.
2. Have sufficient funds to process payment for orders requested through the DEVO Platform.

• Make payment for the total value of the order placed through the DEVO Platform, in accordance with the selected payment method.

1. Refrain from registering payment methods owned by third parties without their authorization.
2. Pay any debt that is generated by virtue of the use of the DEVO Platform by the User/Consumer.
3. Receive the products requested through the DEVO Platform,

• In general, carry out all those conducts necessary for the execution of the legal business such as receiving the requested products, displaying identification in case of purchasing restricted use products and paying the price to the delivery person and the platform.
• By requesting the order through the DEVO Platform, the User/Consumer irrevocably accepts the costs (value of the products, value of home delivery, service fee, among others), which are determined in the area Check Out of the order.

DEVO Duties

Under these Terms and Conditions of Use, DEVO undertakes to:

1. Indicate the general characteristics of the products so that they serve as a reference for Users/Consumers.
2. Be clear about the amounts and payment methods agreed on the Platform.

• Use the information of Users/Consumers only for the purposes established in these terms.

1. Inform the User/Consumer if a product is out of stock and refund payment for the same.

Product information and description

The description and product information of the goods or products must be read prior to using the good or product.

“THE SITE” will be as precise as possible. “DEVO” does not confirm that the content and understanding of the description will be infallible, complete, accurate, or current.

In the event that the good or product, in the user's opinion, does not satisfy its description and information, the user may return the good or product as the only remedy available to him or her in accordance with the returns policy.

Availability

All products and goods offered on “DEVO” are subject to availability and will be offered while supplies last. At the time the order is placed, “DEVO” will send a confirmation to the email.

In the event that different users place an order for the same good or product at the same time and it results that the good or product is no longer available because it has been sold out, even if it still appears on the site, the user will be notified. this situation to proceed with the refund.

Price

The prices described on the product include taxes unless otherwise indicated.

Regarding alcoholic beverages.

These Terms and Conditions of use regulate the contractual relationship of a commercial nature that binds the Consumers who access and/or use the virtual Platform and the Operated, especially in the authorization of use granted by the latter in favor of the former as well as the use that the Operators Consumers give to the Platform.

Regarding alcoholic beverages, the Consumer accepts adherence to the paid mandate contract proposed by “DEVO ”, in its capacity as “Service Provider”, through which it authorizes him to purchase on his own account, any of the products that, as an example , are displayed on the platform.

Said mandate contract can be consulted on the same Platform.

The use of the Platform is carried out by the Consumer as a capable person of legal age, stating that in order to enter into the paid mandate contract with “DEVO”, he or she has full legal capacity to be subject to rights and obligations, qualities that he or she endorses at the time. to generate your record.

By virtue of the conditions of legal capacity established in current Mexican legislation regarding the consumption of alcoholic beverages and the validity of the expression of will through electronic means established in the Federal Civil Code, “DEVO” has added a pop-up window that appears once one of the Consumers selects the alcoholic beverages section, where they must, under oath, state whether they are a person over 18 years of age, in addition to having sufficient capacity to enter into the type of mandate contract, which It can or could be configured by accessing and/or using the Platform. It should be noted that minors, according to the applicable law, are not authorized at any time to make use of the section in question, thus causing the nullity of any mandate generated in this section in case of contravention of what is established here.

In order to request the paid 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 the 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, of “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, having an internal shipping service. depending on the Platform. If the delivery cannot be made for reasons attributable to the Consumer, the delivery person will contact the Consumer to arrange a new delivery. If the delivery cannot be made for reasons attributable to the Platform, the Consumer will be notified and the money paid for the products will be refunded, which may be repurchased on the Platform.

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.

Fortuitous event and force majeure.

The functionality of “THE SITE”, its contents, updates and improvements that are available to users, is subject to the terms and conditions, so any failure in the internet or data service, external attacks, natural disasters, Unforeseen event or force majeure excludes “DEVO” from any liability.

Deliveries, claims and returns.

As established, DEVO has an internal service for home deliveries, therefore, 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, with an internal shipping service, depending on the Platform. If the delivery cannot be made for reasons attributable to the Consumer, the delivery person will contact the Consumer to arrange a new delivery. If the delivery cannot be made for reasons attributable to the Platform, the Consumer will be notified and the money paid for the products will be refunded, which may be repurchased on the Platform.

In relation to products that are damaged, the corresponding claims may be made as follows:

• An email must be sent to support@devo.com.mx , mentioning the name of the User who purchased the merchandise, the date of purchase and indicating which product was delivered damaged.

Once said report is received, the members of the Platform will review your request and if it is appropriate as the product is in poor condition, we will ask you to leave the product in the place where you received it so that one of our delivery people can pick it up. pick it up.

Meanwhile, a credit balance will be applied to your DEVO account with which you can purchase the product again, or purchase any other product that is available on the Platform.

Express prohibitions.

Users are expressly prohibited from any type of modification or alteration, copy or partial or total reproduction of the content, distribution or public communication by any means or format of “THE SITE”.

DEVO is not involved in or responsible for the creation or management of these credentials, so:

• We cannot confirm that the individuals on this platform (THE SITE) are really who they say they are. Impersonating the identity of another person or entity or using false email addresses is not permitted.
• You are informed DEVO does not guarantee that THE SITE meets the user's requirements, or that the availability of the site will always remain uninterrupted, on time, or free of errors beyond our control.

It is prohibited to use a false email both for user registration and for communications, otherwise understood to be pretending to be someone you are not.

It is prohibited to register multiple accounts in order to benefit from new subscriber promotions. These accounts will be terminated in the shortest possible time for “DEVO”, canceling any promotion or benefit or discount or purchase that has been attempted to be obtained through this false account without any type of responsibility for “DEVO”.

The use of the “DEVO” names or brands through meta tags, meta tags, hidden texts is prohibited without prior written consent.

It is prohibited to make incorrect or illicit use of the “DEVO” site. Any breach of these Terms and conditions of use will result in the termination of the relationship with “DEVO”.

The Parties expressly agree that, for the interpretation and execution of this Contract.

Billing

If the USER requires an invoice for their purchase, they must send an email to support@devo.com.mx indicating:

1. Number of order
2. Amount
3. Full name or company name
4. RFC
5. Home
6. Email

“DEVO” will invoice your purchase only within the calendar month corresponding to the transaction. The information provided for billing is the exclusive responsibility of the user.

Release of warranties and limitation of liability

 The products, content, goods are provided as available and are offered while supplies last. It may be the case that a product or good is purchased simultaneously by more than one customer. This being the case, the product will either not be available because it is out of stock. Derived from this situation, the user will be informed to proceed with the refund of the amount paid or the impossibility of processing the purchase transaction will be notified.

“DEVO” products and goods may be subject to conditions, descriptions, guarantees, particulars of sale. These conditions can be consulted in the product description.

The user confirms that they have read and accepted these terms, restrictions, conditions and description of the good or product that may apply in particular before confirming their purchase.

The user accepts that the terms and conditions of use may be limited, added, or modified according to the terms, restrictions, conditions and descriptions of the product or good in question at the time of confirming the sale, these being the ones that will prevail in the event of that there is a contradiction or conflict with these terms and conditions of use, so the user must read these terms and conditions of use carefully, including the terms, restrictions, conditions and descriptions of the good or product prior to purchasing.

“The Site” at no time requests deposits to particular accounts, so it will not be responsible for transfers, payments, or cash deposits that users make to accounts not authorized by “DEVO”.

Intellectual property

DEVO ENVÍOS BH A TU CASA SA DE CV is the sole and exclusive owner of the intellectual property rights and/or copyright of the “DEVO” brand, as well as the Platform, its content and the technological platform, including international rights. of patents, trademarks, designs of products and goods, images, logos, slogans, digital downloads, texts, communications, among others.

The content uploaded or provided by users voluntarily to the Platform grants “DEVO” free use of it, for as long as it is hosted on the Platform server.

The User will hold DEVO harmless, as well as its subsidiaries, controlled and/or controlling companies, officers, directors, administrators, representatives and employees, for any claim initiated by other Users, third parties or by any Organization, related to their activities in the Platform, compliance and/or non-compliance with the Terms and Conditions or other policies, as well as with respect to any violation of laws or third-party rights.

Applicable legislation

The relationship between DEVO and the User/Consumer will be governed and interpreted in accordance with these Terms and Conditions of Use, which in terms of interpretation, validity and execution will be governed by Mexican law and any controversy will be submitted to the Courts of the City. from Mexico.

Any type of communication, request for information, offers, among others, will be made through the email support@devo.com.mx , the Platform, as well as the emails that are provided through registration to the Platform. DEVO will not be responsible in any case for communications sent outside the means described above.