The Terms and Conditions of Use (hereafter, “Terms and Conditions”) here established will govern the relationship between you (hereafter, the “User”) and Mármoles Arca, S.A.P.I de C.V., an existent and duly constituted according to the United Mexican States commercial company (hereafter “Mármoles Arca”), in relation to the services provided through the Web Site www.gpoarca.com/samples, (hereafter the “Supplier’s Portal”).
The User must read, understand and accept every established condition in these Terms and Conditions.
ANY PERSON WHO DOESN’T ACCEPT THE PRESENT TERMS AND CONDIDITONS, WHICH HOLD A MANDATORY AND BINDING CHARACTER, MUST ABSTAIN FORM USING THIS SITE.
ACCEPTANCE OF THE TERMS AND CONDITIONS
The User declares to be of legal age, and to have plenty exercise capacity for the acceptance of the present Terms and Conditions.
When visiting and/or using the Web Site, the User explicitly declares to accept and oblige to all the Terms and Conditions, as well as the applicable laws and bylaws according to the current legislation for the Web Site use. Likewise, the User manifests his conformity to any variation, modification, changes, adjustments, additions or complements that Mármoles Arca considers appropriate to make and which will take effect when they are published at the Web Site.
The current Terms and Conditions, as well as the mentioned actualizations, subsequently made, are obligatory and binding to the Users, so as anyone who does not oblige to them should abstain from using and/or visiting the Web Site and/or any other service offered by Mármoles Arca through its Web Site www.gpoarca.com/samples
The current Terms and Conditions, as well as the mentioned actualizations, subsequently made, are obligatory and binding to the Suppliers, so as anyone who does not oblige to them should abstain from using and/or visiting the Web Site and/or any other service offered by Mármoles Arca through its Web Site www.arcamc.com.
Mármoles Arca will not save an individualized copy of the current Terms and Conditions celebrated between the Supplier and Mármoles Arca, so it is recommended to the U to save their own copy.
At the www.gpoarca.com/samples the User will be able to receive a free sample of the commercialized materials provided by Mármoles Arca, (hereafter the “Samples) by filling in the corresponding form, which will be available in the Web Site for the User’s register.
Mármoles Arca reserves the right to approve such registration and to guarantee the availability of the requested materials.
The selling of the Samples through this Web Site is done by Mármoles Arca with residence at Carretera México Toluca 2900, Col. Lomas de Bezares, Alc. Miguel Hidalgo, C.P. 11910, Ciudad de México.
The data provided by the User to Mármoles Arca will be treated according to what is stablished in the Data Protection Policies. When using this Web Site, you accept the treatment of that information and data, and guarantee that all the information or data provided answer with veracity, authenticity and accuracy.
To be able to send the Samples, the User must fill in the formulary, which Will be available within the Web Site.
Mármoles Arca will revise the filled in formulary and within 3 business days and will contact the User to inform them if such formulary has been approved or denied through an e-mail confirmation (henceforth, the “E-mail”).
Once the formulary is approved, the User will be able to use the Web Site and will have free access to it.
The User can choose the whatever Samples it chooses by adding them to their account, then the User will receive an E-mail confirming their order. All orders are subject to the Mármoles Arca’s Samples availability. The Sample will not suppose any additional cost to the User.
The User accepts that in case the formulary is denied, no claims Will be made to Mármoles Arca.
The above does not constitute any contract between the User and Mármoles Arca.
The Samples shown in the Web Site are subject to availability. In case that the requested Sample is not available, Mármoles Arca will notify such event via e-mail
SHIPPING AND DELIVERY
Mármoles Arca will oversee the Sample’s shipping to the specified address by the User. The shipping’s cost Will be absorbed by Mármoles Arca.
The User shall request the Samples through the Web Site, the follow-up Will be given via email. In case the Samples are not available or were not delivered completely, Mármoles Arca Will notify the User via email.
In case the User could not receive the simples on the agreed day and date, they shall ask a trusted person to be present at the address to receive the Samples, notifying Mármoles Arca in writing the data of the person who will receive such Samples; in case the above is not possible, we ask you to contact with Mármoles Arca to agree another delivery day and date.
Once the user has received the Samples, they shall sign in accordance with the delivery.
Mármoles Arca is the owner of each registered brand, as well as for the Samples’ intellectual property rights, and the contents within the web Site, therefore, the User must recognize that these belong exclusively to Mármoles Arca.
The User obliges in every moment to respect the intellectual property rights that belong to Mármoles Arca. The User has prohibited, in a non-limiting way, the copying, distribution, reproduction, communication, or any other equivalent, through any media, every brand belonging to Mármoles Arca without prior authorization of the latter to the User.
The foregoing in the understanding that, in case of default, Mármoles Arca will act according to the Intellectual Property Law, which sanctions those who misuses a brand without authorization of the owner of the latter, with fines up to twenty thousand UMA, temporary closure up to ninety days, definitive closure or administrative arrest up to thirty six hours in accordance with the article 214.
APPLICABLE LEGISLATION AND JURISDICTION
Both in the Web Site and in the Contracts that rule the legal relationship between the User and Mármoles Arca, will be ruled by the current Mexican law within Mexico City, México.
In case of controversy, the parties will be subject to the jurisdiction of Mexico City’s courts and tribunals, expressly and irrevocably waiving any other jurisdiction that may correspond due to their present or future domiciles, or any other cause.