Welcome to the HEREA website (the “Website” or “Site”) located at URLs that resolve to the domain name HEREA. 

Your use of this Site, as well as the use of the HEREA-branded mobile application on your smartphone or handheld device (“Mobile App”), is subject to certain terms and conditions of use (collectively referred to as the “Terms”) set forth below. These Terms establish a legally binding agreement between us, protecting your rights as a customer and our rights as a business. Before you use and/or place an order from this Website or the Mobile App, please carefully read these Terms, our Privacy Policy, our Shipping Policy, and our Exchanges/Returns Policy (collectively referred to as the “Policies”). 

OUR TERMS MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE, OUR MOBILE APP, AND/OR PLACING AN ORDER FROM THIS SITE OR THE MOBILE APP, YOU ACCEPT THESE TERMS AND POLICIES WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS AND POLICIES. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE WAIVER OF THE RIGHT TO CLASS ACTION, DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR OUR POLICIES, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR OUR MOBILE APP, OR ANY OF THE SERVICES PROVIDED ON THE SITE OR THE MOBILE APP, OR PLACE AN ORDER FROM THE SITE OR THE MOBILE APP. 

These Terms constitute an agreement between you (hereinafter, “you” or “your”) and HEREA RETAIL SA DE CV, a Mexican company with its principal address at Paseo de la Espuela 306, Residencial la Hacienda, TRC, COAH 27276, MX (hereinafter collectively referred to as “us”, “our”, “we”, “HEREA”, or the “Vendor”), in relation to your use of the Website or Mobile App, the goods/services offered and sold through this Website or the Mobile App, and any orders you place through the Website or Mobile App (collectively referred to as “HEREA Services”). 

If you have any questions about the Terms and our Policies, you may contact us via the contact information provided on our “Contact Us” webpage on the Site. 

1. DISPUTES 

BY AGREEING TO THESE TERMS AND OUR POLICIES, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL, AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SITE OR MOBILE APP, ANY OF THE SERVICES PROVIDED ON THE SITE OR MOBILE APP, OR PLACE AN ORDER FROM THE SITE OR MOBILE APP IF YOU DO NOT AGREE TO THESE TERMS OR OUR POLICIES. 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE MOBILE APP, THE POLICIES, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. 

Any dispute arising out of or related to these Terms, the Policies, the Site, the Mobile Application, and/or the HEREA Services shall be resolved in accordance with the laws of the state of Coahuila, and you irrevocably consent to the exclusive jurisdiction and competence of such courts. 

2. USE OF OUR WEBSITE AND/OR MOBILE APP

You agree that: 

1. You may only use the Website and/or Mobile App to place legitimate orders. 
2. You will not make any false or fraudulent orders. If we reasonably believe that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities. 
3. You also agree to provide correct and accurate email, postal, and/or other contact details to us and acknowledge that we may use these details to contact you if necessary (see our Privacy Policy for more information on how we use your personal information). 
4. If you do not provide us with all the necessary information, we may not be able to complete your order. 
5. You will not attempt to interfere or interfere in any way with the Site’s network, the Mobile App’s network, or our networks, or related network security, or attempt to use the Site’s or Mobile App’s service to gain unauthorized access to any other computer system. 
6. You will not use the Site or Mobile App to communicate, transmit, or post material that infringes on the intellectual property, privacy, or publicity rights of another person or entity. 
7. You will not use the Site or Mobile App to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national, or international law or regulation. 
8. By placing an order through the Website or Mobile App, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts. 

3. SERVICE AVAILABILITY

Products offered through the Website and/or the Mobile App are only available for delivery to the countries listed on our Shipping Policy. At this time, we are unable to deliver to APO addresses, as well as freight companies. 

4. PURCHASE CONTRACTS

No contract (“Contract”) in respect of the purchase of a product offered on the Site or Mobile App shall exist between you and us until your order has been accepted by us and we send you the Order Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded. 

To place an order, you will be required to follow the shopping process online and press the “Submit order” button to finalize the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Placed”). Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the “Order Confirmation”). 

We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation. Notwithstanding the foregoing, your card or other method of payment will not be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon order. 

5. PRODUCT AVAILABILITY

All orders for products are subject to availability, and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any money that you might have paid. 

6. ORDER REFUSAL

We reserve the right to withdraw any product from the Website or Mobile App at any time and/or remove or edit any materials or content on the Website or Mobile App. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion. 

We will not be liable to you or any other third party by reason of our withdrawing any product from the Website or Mobile App, whether it has been sold or not, removing or editing any materials or contents on the Website or Mobile App, or for refusing to process or accept an order after we have sent you the Order Confirmation. 

7. PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our Website or Mobile App, except where there is an error. While we take care to ensure that all prices quoted on our Website or Mobile App are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled, and if you have already paid for the product(s), you will receive a full refund. 

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time. 

Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law. 

Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the Payment for orders will be made to HEREA RETAIL SA DE CV. The amount of the purchase will not be charged to your card until your order has been shipped to the delivery address.  

By clicking on the “Submit Order” button, you are confirming that the debit/credit card is yours. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery. If payment is made via PayPal or ApplePay, the amount will be charged upon confirmation of your order. 

8. LIABILITY AND DISCLAIMERS

We publish information on the Site and Mobile App as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site or Mobile App at any time without notice. The products described on the Site or Mobile App may not be available in your region. We do not claim that the information on the Site or Mobile App is appropriate for your jurisdiction or that the products described on the Site or Mobile App will be available for purchase in all jurisdictions. 

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE OR MOBILE APP, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE OR MOBILE APP, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE OR MOBILE APP, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR MOBILE APP, OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR MOBILE APP WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR MOBILE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR MOBILE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR MOBILE APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

IN NO EVENT SHALL HEREA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR MOBILE APP, OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE OR MOBILE APP, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF STRADIVARIUS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF ANY NON-APPLICABLE LAW TO THE EXTENT DAMAGES TO SUCH RESIDENT IS THE RESULT OF HEREAS’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. 

Due to the open nature of the Website and/or Mobile App, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the Website or Mobile App. 

9. INTELLECTUAL PROPERTY

The Site and Mobile App, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (collectively, “Materials”), are HEREA property or that of our suppliers or licensors and are protected by patent, trademark, and/or copyright under United States and/or foreign laws.  

Except as otherwise provided on the Site, the Mobile App, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site or Mobile App in whole or in part, for any public or commercial purpose without the specific prior written permission of HEREA.  

We grant you a personal, limited, non-exclusive, nontransferable license to access the Site and/or Mobile App and to use the information and services contained on the Site and/or Mobile App. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site or Mobile App and to terminate, change, suspend or discontinue any aspect of the Site or Mobile App, including, but not limited to, the Materials on the Site or Mobile App as well as features and/or hours of availability of the Site or Mobile App, and we will not be liable to you or to any third party for doing so. We may also impose rules for limits on use of the Site or Mobile App or restrict your access to part, or all, of the Site or Mobile App without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. 

10. WRITTEN COMMUNICATIONS

When using our Site or Mobile App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website or Mobile App, push notifications, or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. 

11. REGISTRATION AND PASSWORDS

To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete. 

Upon registering, you will create a password. You are solely responsible for any use of or action taken under your password on the Site or Mobile App. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site, the Mobile App, and services on the Site or Mobile App in accordance with these Terms.  

You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release HEREA from any and all liability concerning such transactions or activity.  

You agree to notify HEREA immediately of any actual or suspected loss, theft or unauthorized use of your account or password. HEREA has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. HEREA will take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities. 

12. POSTED CONTENT

As part of your use of the Site or Mobile App and services offered on the Site or Mobile App, you may upload, post, distribute, or disseminate (collectively, “Post”) content and material (including but not limited to, photographs, images you have taken, captions, and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Site or Mobile App. You hereby grant HEREA a right (including any moral rights) and worldwide license to use the Posted Content on the Site or Mobile App and to promote and advertise the Site or Mobile App and HEREA in any way. 

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. 

HEREA HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST HEREA FOR SUCH REMOVAL AND/OR DELETION. 

HEREA IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE OR MOBILE APP. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT, OR INFORMATION YOU POST ON THE SITE OR MOBILE APP. 

We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that HEREA is developing, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion, or submission that you may make through the Site or Mobile App is similar to information, ideas, or suggestions already known to us. By disclosing any information, idea, suggestion, or other material through the Site or Mobile App, you agree that (A.) no confidential relationship is established by virtue of such submission and that the material is not confidential or secret, (B.) HEREA may use any such information, idea, suggestion, or other material in any way it chooses without any compensation to you or any third party, (C.) HEREA has no obligation to review the information, and (D.) HEREA has no obligation to keep any such information confidential. 

13. LINKS TO THIRD PARTY SITES

The Site or Mobile App may contain links to websites operated by third parties. These links are provided for your convenience and reference only. HEREA does not control such websites and is not responsible for their content. HEREA’s inclusion of links to such websites does not imply any endorsement of the materials on such websites or any association with their operators. Access to any other website linked to the Site or Mobile App is at your own risk, and HEREA is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. 

14. COMMENTS AND REVIEWS

Any comments and/or reviews submitted by users of the Site or Mobile App are the sole responsibility of the user from which such comments and/or reviews originated. HEREA is not responsible for the content or accuracy of any comments or reviews provided by users. HEREA reserves the right to edit or remove any comments or reviews for any reason. 

15. YOUR CONDUCT

You agree not to: 

1. Use the Site or Mobile App in any way that may harm HEREA, its affiliates, suppliers, or customers, or that may impair the ability of other users to use the Site or Mobile App. 
2. Use the Site or Mobile App to engage in any activity that infringes upon the rights of others, including without limitation, any third-party intellectual property, privacy, or publicity rights. 
3. Use the Site or Mobile App in any way that could damage, disable, overburden, or impair the Site or Mobile App or interfere with any other party’s use and enjoyment of the Site or Mobile App. 
4. Use the Site or Mobile App to advertise or offer to sell or buy any goods or services for any commercial purpose, unless expressly authorized by HEREA. 
5. Use the Site or Mobile App to upload or transmit any content that is harmful, unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. 
6. Use the Site or Mobile App to post or transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. 
7. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. 
8. Attempt to gain unauthorized access to other computer systems or networks connected to the Site or Mobile App. 
9. Use any robot, spider, or other automatic device, process, or means to access the Site or Mobile App for any purpose, including monitoring or copying any of the material on the Site or Mobile App. 
10. Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HEREA without express written consent. 
11. Use any meta-tags or any other “hidden text” utilizing HEREA’s name or trademarks without the express written consent of HEREA. 
12. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site or Mobile App. 

16. USER SUBMISSIONS

Any material, information, or other communication you transmit or post to the Site or Mobile App (“User Submissions”) will be considered non-confidential and non-proprietary. HEREA will have no obligations with respect to the User Submissions. HEREA and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the User Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. 

You are prohibited from posting or transmitting to or from the Site or Mobile App any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. 

17. PRIVACY

Please review our Privacy Policy, which also governs your use of the Site or Mobile App, to understand our practices. 

18. INDEMNITY

You agree to indemnify and hold HEREA, its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Submissions, your use of the Site or Mobile App, your connection to the Site or Mobile App, your violation of the Terms, or your violation of any rights of another person or entity. 

19. TERMINATION

You or we may suspend or terminate your account or your use of the Site or Mobile App at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site or Mobile App at any time without notice. 

20. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without HEREA’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HEREA may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. 

  21. MISCELLANEOUS 

These Terms and any policies or operating rules posted by us on the Site or Mobile App constitute the entire agreement and understanding between you and us and govern your use of the Site or Mobile App, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). 

The failure of HEREA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Mobile App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. If you have any questions about the Terms, please contact us at the information provided on our “Contact Us” webpage on the Site.