This document establishes the Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) which will govern the relationship between you (hereinafter, the “User”) and Mármoles Arca, S.A.P.I. de CV, an existing and duly constituted mercantile company in accordance with the laws of the United Mexican States (hereinafter “Mármoles Arca”) in relation to the products available to the User through the Website www.gpoarca.com/special-deals (hereinafter the “Website”).
The User must read, understand and accept each and every one of the conditions established in these Terms and Conditions.
ANY PERSON WHO DOES NOT ACCEPT THE PRESENT TERMS AND CONDITIONS, WHICH HAVE AN OBLIGATORY AND BINDING CHARACTER, MUST REFRAIN FROM USING THE WEBSITE.
ACCEPTANCE OF TERMS AND CONDITIONS
The User declares to be of legal age and to have full exercise capacity to accept these Terms and Conditions.
By visiting and using the Website, the User expressly declares to comply and to be bound by all of these Terms and Conditions, as well as to the applicable laws and regulations in accordance with current legislation for the use of the Website. Likewise, the User expresses their agreement with any type of variations, modifications, changes, adjustments, additions or complements that Mármoles Arca deems appropriate to make and which will take effect from their publication on the Website.
These Terms and Conditions, as well as the aforementioned updates that are subsequently made, are mandatory and binding for the Users, so that any person who does not accept them must refrain from using and / or visiting the Website and / or any other service offered by Mármoles Arca through its Website www.gpoarca.com/special-deals.
Mármoles Arca will not keep an individualized copy of these Terms and Conditions held between the User and Mármoles Arca, so it is recommended that the User keep his own copy.
On the Website www.gpoarca.com/special-deals the User may place an order to sell the materials marketed by Mármoles Arca (hereinafter, the “Materials”). Mármoles Arca reserves the right to define and guarantee the availability of the Materials through the Website.
The User will send their order and a representative from the sales area will contact the User via email to continue the sales process.
The sale of Materials through this Website is carried out by Mármoles Arca with address at Carretera México Toluca 2900, Col. Lomas de Bezares, Alc. Miguel Hidalgo, C.P. 11910, Mexico City.
The personal data provided by the User to Mármoles Arca will be treated in accordance with the provisions of the Data Protection Policies. By making use of this Website you consent to the processing of said information and data and guarantee that all information or data provided responds with truthfulness, accuracy and authenticity.
PURCHASE OF MATERIALS
In order to make the purchase of the Materials, the User must complete the form that will be made available on the Website.
Within a period of 2 (two) business days, a seller of Mármoles Arca will contact the User.
The Materials contained in the Website are subject to availability, which will be confirmed by email (hereinafter, the “Email”) by a seller of Grupo Arca (hereinafter, the “Seller”), of in accordance with the previous paragraph, to continue the sale process of the Materials; same that the Seller will let the User know through this medium.
The User may not for any reason buy material through the Website, it will only be through direct contact via Email with the Seller
Materials may not be currently available in all regions.
The contract (hereinafter, “the Contract”) between the User and Mármoles Arca in relation to the sale of the Material that the User wishes to purchase will not exist via the Website until the Seller contacts the User via Email and agree on the price, delivery and specifications of the Materials.
The User will receive an Email acknowledging receipt of their order request (hereafter referred to as the "Order Request"). All orders are subject to the acceptance of Mármoles Arca, of which the User will be informed through an Email in which it will be confirmed that the Material is available.
The Contract between the User and Mármoles Arca will be formalized once the Seller has made the Contract available to the User, prior agreement between the User and the Seller regarding the price and the Material that will be subject to the sale.
Only the Materials subject to the Contract will be the object of the Contract.
Materials shown on the Website are subject to availability. In case there are no Materials in stock, a Seller will contact the User via Email to suggest and provide information about substitute products of equal or superior quality and value.
DELIVERY COSTS AND SHIPPING
Mármoles Arca will be responsible for sending the Materials acquired by the User to the address specified by the User, in the understanding that said address is within the territory of the United Mexican States. The cost of sending the Material will be informed by the Seller to the User by Email and will be an additional cost to the sale price of the Materials The delivery must be scheduled via Email within a maximum period of 10 (ten) business days after the confirmation of the order.
If for some reason the User does not receive the Materials within 2 (two) business days after the agreed upon date with the subsequent Seller, the User must contact Mármoles Arca via Email through which he had contact with the seller.
In the event that Mármoles Arca cannot deliver the Materials in accordance with the Contract and the Order Request, the latter, through the Seller, will contact the User to determine a different delivery date.
In the event that the User cannot receive the Material on the agreed date and date, he must request a trusted person to be present at the address to receive the Material, letting the Seller know in writing the details of who will receive said Material; If the above is not possible, please contact Mármoles Arca to arrange another delivery date Once the User has received the Material, the User shall sign in acceptance of the delivery with which, he will be accepting that he is receiving it in good condition. In case of not receiving the Material in good condition, you must specify it at the time of signing in accordance with the delivery and perform the procedure described in the following point.
RETURNS AND EXCHANGES
The Material sold by Grupo Arca is of natural origin and is subject to variations derived from it, by virtue of the above, Mármoles Arca is not responsible for said variations.
Mármoles Arca does not accept returns.
Changes are not accepted unless the material is damaged for which, there must be evidence that it was received in that state. To request a change, it will be necessary for the User, via Email, to notify the Seller on the same business day attaching photographic evidence. Changes based on the characteristics of the material or aesthetic preferences will not be accepted. The Seller undertakes to suggest and provide the User with information about substitute products of equal or superior quality and value.
LOADING AND UNLOADING MATERIALS
In the event that the type and quantity of Material requires a maneuver unit from the transport unit, Mármoles Arca is not responsible for the discharge of the latter, so all expenses and responsibilities in relation to the above will be borne solely and exclusively from the User.
Mármoles Arca disclaims any agreement between the User and the carrier, as well as the responsibilities related to the latter.
If the User requires an invoice, he must request it when he receives the confirmation email from Grupo Arca, providing his billing information. The user will not be able to request an invoice after this period.
Mármoles Arca is the owner of all registered trademarks and other intellectual property rights over the Materials and contents within the Website, therefore, the User acknowledges that the exclusive domane belongs to Mármoles.
The User is obliged at all times to respect the intellectual property and industrial property rights belonging to Mármoles Arca. The User is prohibited, but not limited to, copying, distributing, reproducing, communicating or any other analogue, through any means of information all the brands belonging to Mármoles Arca, if not by prior authorization of the latter to the User.
The foregoing in the understanding that, in case of not doing so, Mármoles Arca will be in need of acting in accordance with the Industrial Property Law that sanctions those people who improperly use a trademark without authorization of who has ownership with fines of up to twenty thousand Units of Measurement and Update, temporary closure of up to ninety days, final closure or administrative detention for up to 36 hours in accordance with article 214.
APPLIED LEGISLATION AND COMPETENT JURISDICTION
Both the Website and the contracts that govern the legal relationship between the User and Mármoles Arca will be governed by the Mexican legislation in force in Mexico City, Mexico
In case of dispute, the parties will be subject to the jurisdiction of the courts and tribunals of Mexico City, Mexico, expressly and irrevocably waiving any other jurisdiction that may correspond to them because of their present or future domiciles or for any other reasons.