TERMS AND CONDITIONS
The purpose of miguipil.com is to make available to the user an internet page through which they can purchase goods and services offered therein. Miguipil.com is a Guatemalan company that operates on the website: www.miguipil.com. By using the website or any application or application plug-in (applications), service or product, you agree to follow and be bound by these terms and conditions of use and agree to comply with all applicable laws and regulations in Guatemala.
It is the user's responsibility to review these Terms and Conditions of Use periodically, as we can update them at any time without prior notice. If at any time you find these Terms and Conditions unacceptable or do not agree, do not use this website or any application linked to our site. If you have any questions about these Terms and Conditions, please contact our customer service center at the email: contacto@miguipil.com.
In these Terms and Conditions of use, when we refer to "we", "provider", "us" or "our," we refer to miguipil.com; and when we refer to "him", "user", "you", we mean your person, the person who accesses or uses the website.
1. Intellectual Property:
A) Miguipil.com is the owner of all the intellectual property rights of the website www.miguipil.com and its content, such as our name, brand, our product names, texts, graphics, logos, images and packaging.
B) We are the owners of designs, of all intellectual property rights on products with an "Exclusive Design" description, which cannot be copied for commercial or personal use without our written consent.
C) No information on this website may be copied, distributed or transmitted in any way for commercial or personal use without our express written consent. We reserve full ownership and intellectual property rights to any material downloaded or saved from this website.
D) Any person or user who uses the miguipil.com website directly or indirectly, is limited to viewing the content or buying the products or services offered within it.
E) There are products designed by our partners and artisans with intellectual property rights, which belongs to their respective authors.
F) Miguipil.com is protected by the laws of the Republic of Guatemala and other international agreements ratified by Guatemala.
H) The trademark and image of the miguipil.com brand cannot be used in connection with any product or service that is not from miguipil.com.
I) All other trademarks that do not belong to miguipil.com, are the property of their respective owners.
2. Changes, returns and refunds:
Visit our Policy of Changes, Returns and Refunds to learn in detail about these terms and conditions applicable to it.
3. Payments:
A) Payments with Credit or Debit Cards:
When making purchases of products or services on the miguipil.com website, the user accepts and attests that is the holder or legal representative of the credit or debit card, therefore, he is old enough to legally participate in a contract .
B) Payments with Electronic Bank Transfers, ACH Transfers and International Transfers:
When making purchases of products or services on the miguipil.com website, the user accepts and attests that is the owner or legal representative of the account used to make the debit for the payment of the product or service purchased.
4. Our responsibility:
A) Description of products: we describe the products and services as precisely as possible with technicality, we add a glossary so that the user can better understand the characteristics that they represent and are of the product or service they choose. However, we do not guarantee that the descriptions are accurate or completely correct in their meanings.
B) The website is available free of charge. We do not guarantee that the website or any content in this document, will always be available or will be uninterrupted.
C) We will not assume any responsibility in relation to third party advertisements transmitted through our website.
D) For purchases with destination outside of Guatemala, prices do not include shipping costs, to know the cost of shipping, write to: ventas@miguipil.com or Messenger
5. General conditions of use:
A) The user must not use the site illegally, for any illegal purpose or in any way that is inconsistent with these Terms and Conditions.
B) The user agrees not to transmit any material that is defamatory, offensive or objectionable in relation to their use of the website.
C) Miguipil.com allows access to the website to access its services and not to make commercial use of them. For the same reason, the resale or commercial use of any of the services provided by miguipil.com, nor the content, download, copy or other use of account information for the benefit of a third party, nor the use of data mining, robots or similar data collection and extraction tools.
D) The user may not use framing techniques in trademarks, logos or other information in the content of this website.
E) When the user registers an account with us on the website to access certain services, he will make sure to protect his login details from unwanted disclosure and will be responsible for the unauthorized use of login details of your account.
F) The user is responsible for configuring their information technology, their computer programs and the platform to access the website and we recommend that they use their own virus protection software on their digital devices. We do not guarantee that the website is totally secure or free from errors or viruses and we will not be responsible for any damages arising from the use of any service of miguipil.com.
G) The user accepts that the miguipil.com website works with its own technology and that of third parties.
H) The user agrees to respect and comply with this Terms and Conditions Policy in order to visit and use this website.
6. Navigation without registration:
The user can visit the website without providing any personal information. In such cases, the website's servers will collect the IP address of the user's computer, but not the email address or any other distinctive information. This information is aggregated to measure the number of visits, the average time spent on the website, the pages visited, etc. The provider uses this information to determine the use of the website and to improve the content in this regard. The provider assumes no obligation to protect this information and may copy, distribute or use such information without limitation.
7. Right to refuse:
The user acknowledges that we reserve the right to refuse the service to anyone at any time without issuing any reason for the same.
8. Complaint resolution:
If you have any concerns about this Terms and Conditions Policy, you can contact us through the email contacto@miguipil.com with the subject “Concern about terms and conditions of use”. We will respond as soon as possible.
9. Privacy:
We use your personal information in accordance with our Privacy Policy.
10. Validity:
Acceptance of these terms and conditions constitutes a valid contract between the user and miguipil.com, it being understood that the client, before requesting any service through our site, has read, understood, and agreed to the terms set out in our policy Of privacy.
11. Limitation of liability:
The website and all content on the website, including any current or future offerings for products or services, are provided "as is" and may include inaccuracies or typographical errors. The owners make no warranties or representations as to the availability, accuracy, or completeness of the content. Neither the provider nor any holding company, affiliate or subsidiary of the provider shall be liable for any special, consequential, or other direct or indirect damage of any kind suffered or incurred, related to the use or inability to access or use the content or the website or any functionality of it, or of any linked website, even if the provider expressly informs you.
12. Change in these terms and conditions:
We reserve the right to modify these Terms and Conditions of Use at any time without prior notice or warning, and any continued use of the website implies acceptance by the user. Any user who does not accept the new Terms and Conditions must notify us in writing through contacto@miguipil.com and must immediately stop accessing the website.
13. Force majeure:
We will not be held in breach or violation of these Terms of Service or any contract with us and we will not be liable to us for any cessation, interruption, or delay in performing your obligations hereunder due to earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, epidemic, famine or plague, action by a court or public authority, law change, explosion, war, terrorism, armed conflict, strike employment, lockout, boycott or similar event beyond our reasonable control, whether anticipated or unforeseen (each represents a “force majeure event”). If an event continues for more than 60 days in total, we may immediately terminate these Terms of Service and will have no responsibility for or as a result of such termination.
14. Applicable law and jurisdiction:
A) This website strictly adheres to the Political Constitution of the Republic of Guatemala and complies with article 2 of the Political Constitution of the Republic of Guatemala that guarantees the safety of all citizens, as well as article 24 of the Political Constitution of the Republic of Guatemala and article 274 sections “E,” “F,” and “G” of Decree No. 17-73 of the Guatemalan Penal Code. Any infringement committed under the Law while using this Agreement will be reported to the relevant Authorities as required by Law.
B) This website is controlled, operated and administered by us in our offices in Guatemala. Access to the website from territories or countries where the content or purchase of products sold on the website is illegal is prohibited. If the user accesses this website from locations outside of Guatemala, the user is responsible for complying with all local laws.
C) These Terms and Conditions will be governed by the laws of Guatemala, and the user accepts the jurisdiction of Guatemala in case of any dispute. If a court of competent jurisdiction determines that any of the provisions in these Terms and Conditions of Use is invalid or unenforceable, said provision will be applied to the maximum extent permitted to give effect to the intention of these Terms and Conditions of Use and the rest of These Terms and Conditions will continue in full force and effect.
D) These Terms and Conditions constitute the entire agreement between the provider and the user regarding the use of the content and this website. These Terms and Conditions of Use govern your access to and use of the website. Please read the terms carefully and contact us if you have any questions. By accessing this website, you confirm that you have read and agree to be bound by these Terms and Conditions.
15. Dispute resolution by binding arbitration and controversy resolution:
Users' concerns can be resolved quickly and to their satisfaction by contacting our Customer Service Center, through the email contacto@miguipil.com. In the unlikely event that the Customer Service Center is unable to resolve your complaint to your satisfaction (or if it has not been able to resolve a dispute we have, after trying to do so informally), we each agree to resolve those disputes. through arbitration, rather than a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator rather than a judge and allows for faster settlement of claims than a court and is subject to very limited review by the courts.
The arbitration will be by a single arbitrator who will be appointed by the Parties jointly. Said arbitration will be held in Guatemala, and will be resolved in accordance with the provisions of the Arbitration Law, number 67-95 of the Congress of the Republic of Guatemala, of 1995, as periodically modified. When seeking arbitration, you must first send to miguipil.com, by certified mail, a written notice of dispute to that effect to all other Parties. All controversies will be settled in Guatemala City, by an arbitrator, in Spanish.