Terms and Conditions
PERINK, INC (hereinafter referred as “PERINK”), establishes the following terms and conditions for the provision of services offered in the website www.creatuplayera.com.mx (hereinafter referred as “the Website”). This terms and conditions establish an agreement that binds you with “PERINK” and are considered as accepted by you from the moment you access the Website and/or requesting any of the services offered therein.
In this regard, “PERINK”, states that:
I Is a commercial company duly incorporated and validly existing under the laws of Mexico;
II Regarding its social object, it is allowed to enter into this binding agreement, and it has the capacity to be bounded and contracted.
III Understands and accepts expressly that you request its personalized shirts or item personalization services according to the established requirements of the design created by you in the Website.
IV Is aware of the design requirements, specifications, and expectations under which it will provide the services.
V Has the necessary and specific experience, qualifications, resources, infrastructure, staff, and competence to the provision of services in accordance with the requirements and in general for the fulfillment of each and every one of the stipulated obligations in its charge under this agreement.
VI Provides Services according to the requirements on the understanding that you have each and every one of the necessary permissions, authorizations and/or licenses to make use of the designs with which you can customize if desired, your products and shirts under the Industrial Property Law.
By accepting this terms and conditions, you expressly agree that as of such date, “PERINK” will provide its services in strict observance and compliance of the requirements that you impose and you are bound to pay “PERINK” the respective compensation of the provided Services. Therefore, on the understanding that you expressly accept and acknowledge that you agree with the following Site usage policies and shirt customization.
If at any time you fail to agree with the terms and conditions for any imputable cause or not to “PERINK”, do not use the website.
I User Registration: When a website visitor is registered to become a member and thus to buy or request personalized shirts or nor, he or she will have to select an available username “Username” and a user password “Password” in order to create a personal account.
It is acknowledged and agreed that “PERINK” is able to end, cancel, block or deny joining subscriptions at its own discretion without prior notice.
II Design Usage: On the Website you will be able to upload predetermined images and/or designs in order to design and print products that you request to “PERINK”, therefore you accept and acknowledge that you have each and every one of the permissions, licenses or rights to make use of the designs or any other material or content that you upload to the Website for the printing of your products and shirts. “PERINK” will not make any use of the designs made by the users for its reproduction without the user’s consent.
III Website Managing and Operation: The Website aims to provide you with a platform where you can customize shirts, design your products and request its printing and shipping. To that ends, “PERINK” has included several options in the Website’s design section, which includes, illustratively, but not limited to, the use of predetermined templates and fonts, property of “PERINK” and the possibility to sign in and/or access to social media files, such as Facebook or Instagram, and finally make the payment to complete the transaction.
IV Payment: You expressly accept that when making the payment, whether by credit or debit card, an online payment account or any other method of payment allowed by the Website, it guarantees that you are the card or account holder and that the billing information is real. In addition, you authorize “PERINK” or to whom “PERINK” designate as its platform of payments to me made the charge to such credit card or online payment account for the respective total amount, including the applicable taxes. All payments and purchases made on the Website are final and non-reimbursable.
Once the payment is made, you will receive a payment receipt in your email with the purchase description. Similarly, “PERINK” is obliged to draw up the fiscal invoice in accordance with the information given by the client prior to the order delivery.
V Delivery: When making an order transaction, “PERINK” will be obliged to carry out the delivery of the product to the address specified by you to such effects within the deadline set out in the respective purchase receipt and the order must be no less than 6 (six) items; to the contrary the shipping costs will be covered by the client.
For the product delivery, “PERINK”, will use a courier service that will deliver the order to the address specified by the client, which will have to be found within Mexico.
Upon payment authorization, “PERINK” will deliver your order via courier service within a period of 2 to 5 business days. In the case of failing to fulfill the established period, “PERINK” will compensate the client with a discount coupon which matches the value of the shipment.
In case the client does not receive the order within the stated period, he or she will have to contact Customer Service, through the Website, using the email address email@example.com.
“PERINK” commits to carry out the order in a timely fashion, so it is not responsible for any setback arising from imputable causes to the courier service in charge of the shipping.
Given the cases that the client could not be found in the given address, the given information is not correct, the access is denied to the courier service or any other setbacks attributable to the client, the package will be considered as “Package with Problem”, for which the package will remain in the nearest courier service branch office to the client’s address, which will be communicated to the client via email, for a period of 48 (forty-eight) hours until the client goes to claim his or her order; after the referred period and given the case that the client did not claim the package, he or she will have to call Customer Service.
VI Restrictions: You expressly acknowledge and accept that all the site’s content is the property of “PERINK” and therefore its partial or total reproduction is prohibited for any purpose. Similarly, you are obliged to not upload to the Website any content with virus, trojans or other malicious code that could damage the site or other “PERINK” clients.
VII. Guidelines in case of replacement and reimbursements.
There will be merchandise replacements only in the cases of damaged or flawed product, wrong-provided product and imputable faults to the employees.
Given the case that the client receives damaged or flawed products, he or she will have the right to ask for a replacement provided that the product has not been altered, used under conditions different from the recommended or inherent to its use, and the dissatisfaction must be communicated within 15 (fifteen) days after order delivery.
No refunds will be given for mistakes in the design, quantity and sizes selected by the customer.
VIII Code of Conduct: You expressly agree that:
- Will respect copyrights and, therefore, will not use any content of which you are not the author of or do not have the rights of use in order to customize shirts or products under the provisions of the Industrial Property Law.
- Will not request the printing of customized shirts or products with content that could be offensive to other people or institutions, including but not limited to that which promotes violence, pornography, bullying, gender-based violence, racism, and/or classism,
- Will not contribute in any way to property rights piracy.
COMPENSATION.- You must pay to "PERINK" for the services provided in strict observance and compliance with the requirements, the compensation resulting from your order for the customization of your products (the "Compensation").
METHOD OF PAYMENT.- The parties expressly agree that all payments you make to "PERINK" in regard to the Compensation, must be made in accordance with the methods established for this purpose on the Website www.creatuplayera.mx; and will not be refundable in case of cancellation of the order or request.
REGULATORY COMPLIANCE.- "PERINK" shall provide the Services subject of this Contract in strict compliance and enforcement with the requirements and in accordance with the applicable legal provisions.
RESPONSIBILITY.-You expressly acknowledge that "PERINK" shall not be liable for the breach of any of the obligations set forth in this Contract, when such breach is a direct consequence of unforeseeable circumstances or force majeure and provided there is no negligence, incompetence, premeditation and/or bad faith on your part and/or on your representatives, employees, advisors and/or agents. Notwithstanding the above, should this occur, "PERINK" must give you written notice within the 24 (twenty-four) hours following the fortuitous event or case of force majeure in question, and must utilize its utmost effort to solve the inconvenient and comply with the agreement as soon as possible.
PERMITS, AUTHORIZATIONS AND LICENSES.-"PERINK" is obliged to carry out all the corresponding and necessary acts to maintain applicable and fully valid all and each one of the permits and authorizations required for the provision of the Services in strict compliance and enforcement with the Requirements.
Notwithstanding the foregoing, "PERINK" is NOT liable for the design entrusted to be printed, it will remain as sole responsibility of the person who orders and/or requests it, in accordance with articles 31, 32 and other correlatives of the Industrial Property Law; so it is not responsible for any legal liability that may arise.
CONFIDENTIALITY AND OWNERSHIP OF INFORMATION.- "PERINK" expressly acknowledges and accepts that all information that you provide in writing or by any other means for the celebration of this agreement, is owned by you and has a confidential nature. As such, "PERINK" can not disclose such information to any third party without your prior written consent. Likewise, "PERINK" expressly acknowledges and accepts that the Services will be considered at all times as information strictly confidential. Consequently, "PERINK" undertakes not to reveal to any person or entity the terms of such information, and to take the necessary measures so that they are not disclosed to third parties, limiting access to said information and documents only to those persons who need to be aware of it in order to comply with the obligations established in this Contract, warning them of the confidential nature of the information and the treatment that it should be given. The parties agree that the obligation of confidentiality under the responsibility of "PERINK" in accordance with the provisions of the present Clause shall remain and continue in force even after the termination of the present Agreement for any reason.
Furthermore, the parties agree that all work, document or any type of information generated by "PERINK" as a result of the provision of the Services, will be considered as property which will be owned by “PERINK”.
Likewise, the parties agree that all work, design or customization of any type uploaded to the Website or made by you in the designer section will be property of "PERINK", who may use it illustratively, but not limited to promotion, sales or any other use that "PERINK" may consider convenient.
APPLICABLE LAW AND JURISDICTION.-The hereby Contract is subject to the jurisdiction of the courts of Celaya, Guanajuato; expressly renouncing to any other jurisdiction that may correspond because of its present or future domicile.