These Terms and Conditions (the “Terms and Conditions”) apply to all users on this website www.pocarisweat.com.mx (the “Website” or the “Online Store”). These Terms and Conditions integrate the general contracting conditions existing between OTSUKA NUTRACEUTICAL MEXICO, S.A. de C.V. (“OTSUKA”) with office at Av. Patria 1501 interior 101, Col. Jardines Universidad C.P. 45110, Zapopan, Jalisco, Mexico, R.F.C. ONM190809DK9, and: (i) the Users who purchase goods through electronic means and/or (ii) the persons who visit the Website and consult or use its content (the “Users”). By using this Website you represent that you have read and understood the Contract Documents of the Website and that you agree to be bound by the statements and clauses contained there and herein.
- OTSUKA has developed the Online Store so that any User, individual or legal entity, located in Mexico or abroad, may acquire any of the articles in our Online Catalog and request them to be delivered to any address located in Mexico or abroad, covering shipping and customs expenses. The use of this Website is governed by the laws of Mexico.
- OTSUKA declares: (i) that OTSUKA is a company incorporated and existing in accordance with the laws of Mexico; (ii) that OTSUKA operates diverse distribution centers, located in diverse points of Mexico; (iii) that OTSUKA has as primary activity of business to produce and commercialize rehydration drinks and; (iv) that OTSUKA has developed its Online Store for the purpose of allowing Users to purchase through electronic means, the goods shown in the Online Product Catalog on our Web Site, on the terms agreed upon in the corresponding Purchase Order and Purchase Confirmation.
- The User, individual, declares: (i) to be at least 18 years of age and to have full legal capacity to bind in terms of this contract: (ii) appoint as address, for purposes of this agreement, the location provided to OTSUKA in the registration of the online account; (iv) wishes to register on the Site to create an account to be able to purchase items from the Online Store; (v) that is aware that all transactions that are made on the Site by him/herself or by a third party having access and that are associated with the use of his/her passwords and/or electronic signature, will be attributable to the registered User.
The User, on behalf of or representing a legal entity, states that: (a) has a legal relationship with the corresponding legal entity or company and; (b) that under the terms of such legal relationship, is entitled to act on behalf of and represent such legal entity or company and/or to assume obligations on behalf of the corresponding legal entity or company.
- The terms described below shall have the meaning attributed to them; whether they are used in capital or lower letters, singular or plural or in an abbreviated form
“Catalogue” means all goods and, where applicable, services, available in the Online Store; the items in the Catalogue are not necessarily available or in stock at the time an Order is placed; likewise, they may be changed, replaced or discontinued from time to time at the discretion of OTSUKA.
“Site Content” – This term includes any information or material contained or posted on the Site. It includes, but is not limited to: trademarks, designs, product descriptions, HTML text, graphics, files, photographs or images; it also includes the code, computer programs, software representations, databases and any derivative works used by the Site.
“Purchase Confirmation” – This is the data message generated by the Web Site in which OTSUKA manifests its acceptance to fill the Purchase Order proposed by the User. The Purchase Confirmation confirms that OTSUKA has sold and the User has purchased the corresponding item(s) and registers the moment of purchase. The message includes an order number so the User can monitor the status of the order.
“Site Contract Documents” – The term includes these Terms and Conditions, the Privacy Notice, and in general, includes any other contract, agreement, notice or policy that OTSUKA issues and publishes from time to time and that is applicable to transactions made through the Online Store.
“Purchase Order” or “Order” – This is the data message generated by the User to request the acquisition of an article from the Online Store, expressing willingness and consent to acquire said articles in the quantity, price, terms and conditions established therein.
“User” – Any person (individual or legal entity by means of an individual) who visits and/or uses the Website for any reason.
- These Terms and Conditions, together with the Contract Documents of the Site establish the general contracting conditions that are applicable: (i) in a supplementary manner to the sales transactions carried out between OTSUKA and the Users in the Online Store and; (ii) to the use that you make of the Site and the Site Content.
- Any person may visit and consult the pages of the Site. However, only registered Users can make purchases of items online. You must be at least 18 years old to register and purchase from this Website. OTSUKA does not knowingly encourage or permit minors to use this Web Site. If you are under the age of 18 or your contractual capacity is limited by applicable law, you must not submit Purchase Orders to us or use our Site in any way.
- If You meet the above requirements and are not subject to any of the restrictions referred to in 6 above, OTSUKA grants you a personal, non-exclusive, revocable and non-transferable license to use our Site for exclusively personal, private and non-profit use.
- This license is subject to restrictions and does not include, by way of illustration, the following: (i) use the Site to resell products or make any other commercial use of the Site or the Site Content; (ii) perform modification, adaptation, translation, reverse engineering, disassembly, de-compilation or conversion of any existing format or computer program of the Site. You are only authorized to use the HTML code or any other code on this Site in the form that you receive it through your browser; nor are you authorized to make such code available to a third party; (iii) copy, imitate, replicate for use in mirroring servers, reproduce, distribute, publish, download, display or transmit any Site Content (including trademarks) in any form or by any means; this restriction includes, but is not limited to the following means: electronic, mechanical, photocopying, recording, or any other means; (iv) collecting and using any product listings or product descriptions; (v) making modifications to the Site and/or the Site Content or making any derivative works from such materials; or (vi) using any automated mechanism or tool (including, but not limited to, bots, spiders) or any similar method or technology that is intended to, or results in, extracting, obtaining or compiling, directly or indirectly, the Site Content, or any information or personal data relating to the Site. Except for the uses of the Web Site that have been authorized in this clause, it is hereby noted that OTSUKA does not grant you, explicitly or implicitly, any right or license to use any patent, registered trademark, copyright, access rights, use or exploitation of databases or any other intellectual property rights belonging to OTSUKA or its group, under the terms of applicable legislation (including copyright or industrial property rights). You shall not use any meta-tags or hidden text that includes the name, registered trademark or product names of OTSUKA without obtaining prior express written consent from OTSUKA.
- OTSUKA reserves the right to terminate this license at any time if you fail to comply with any provision of the Site Contract Documents or if you permit or tolerate a third party’s failure to comply with such provision. In such event, OTSUKA may terminate your account on our Site and prohibit your access to or use of the Site. OTSUKA reserves the right to bring any commercial, criminal, civil or administrative action against you that may be appropriate under the law to defend the rights of OTSUKA or any User of the Site.
- Purchase and sale of goods; contracting and payment of items.
- Use of password. When you create an account on the Website, our platform will link your email address and the security password that you will choose and that only you should know. In this way, your password is associated with your identity and User profile within the Website. You will only be able to carry out transactions if you have entered the Website using your secret password. In terms of the provisions contained in the Commercial Code, the use of this password allows us to identify you in the digital environment and to attribute to you the acts and transactions that you perform in the Online Store. OTSUKA has the right: (i) to assume that the data messages associated to your electronic signature or account come from the User linked to that signature and/or account and to act accordingly to the message received (e.g., to process a purchase) and; (ii) to consider that the data message you sent us corresponds expressly to the one you wanted to send us.
- Information given to the User before the transaction. Before placing your Order, You may review the characteristics and specifications of the goods and the terms and conditions that are applicable to the purchase of the item (including the price, charges, payment methods, and special conditions that may be applicable to the delivery of the goods). This information generally appears on the information associated with each product. In addition, all purchases and sales of items are governed by these Terms and Conditions. Before placing your Order, our Online Shop will allow you to review the items you have selected, the quantity of products you have chosen to purchase and the address to which the delivery will be made, in addition to the total price to be paid and the taxes that correspond to the transaction.
- Prices. The prices of the articles are expressed in Pesos (MXP), lawful currency in Mexico. The prices of the items are those shown on the Website and, unless otherwise indicated, include applicable taxes, shipping and delivery charges and, where appropriate, charges and expenses related to the export of the products. Before clicking on the payment button, you will be able to see the total price to be paid; taxes to be paid will be itemized in the terms established by the applicable regulation.
- Item Availability. Items displayed on the Website belong to our Online Product Catalog. Items are subject to availability and therefore may not be in stock at the time you place an Order. Please note that the fact that items are listed in the Online Catalog on the Web Site does not constitute a unilateral offer to sell these goods by OTSUKA. On the contrary, when you submit a Purchase Order to us, you are making an offer to purchase a certain quantity of goods from us. In the event that we accept your offer, you will receive a Purchase Confirmation data message. In general, if we do not have enough goods in stock or require additional information from you to process the transaction, we will notify these situations before sending you a Purchase Confirmation.
- Buying and selling of items. The purchase and sale is perfected and binding on both parties at the moment you receive a Purchase Confirmation message from OTSUKA through the Web Site; generally, we charge your credit or debit card at the moment we issue your Purchase Confirmation. Ownership of the goods is transferred to you at the time you receive the Purchase Confirmation, regardless of whether payment was agreed in installments or in one disbursement.
- Risk of loss or damage to the item. You are responsible for the loss, damage or deterioration of your goods from the moment the goods are delivered. The merchandise is considered delivered when OTSUKA or the courier company makes it available to the addressee at the address established for delivery and when the addressee signs as receipt.
- Delivery of the goods. The articles are delivered in the terms indicated in our Shipping Policy. OTSUKA does not assume responsibility for delays in delivery made by the courier company or impossibility of delivery when such delays or impossibility of performance derive from some fortuitous case, force majeure, contingency or health emergency and, in general, from any cause beyond the direct control of OTSUKA. In any case and only when it is directly attributable to Otsuka (not to the courier company), the maximum responsibility of OTSUKA for any non-delivery will be equivalent to the amount paid for the products acquired. In the event that the courier company fails to deliver the item in two visits to the User, or when the recipient is located where the forced occurrence applies, the item shall be held at a branch office of the courier company for 10 calendar days and if the recipient does not go to the branch office during that time, it shall be returned to OTSUKA without liability and without return or refund to the customer. The delivery will be agreed to the address registered by the User at the time of purchase. In the case of monthly or annual subscriptions, the change of address can be made during the subscription period, prior notice to OTSUKA. In the event that the updated address leaves our free delivery area, the forwarding of shipment to your new address must be paid. Said reissue has a cost of $ 100.00 Mexican pesos for each month remaining on your subscription.
- Cancellation of Purchase Orders. The User and OTSUKA agree that OTSUKA shall have the right to cancel all or part of any transaction after the Purchase Confirmation and up to the time of delivery. In this event, OTSUKA will contact you and let you know that your order has been cancelled. In cases where it is determined that an order has been cancelled, we will either not charge your credit or debit card or inform you that your Order has been cancelled and refund your money to the credit or debit card that was used as the means of payment.
- Online Payments. Our online payment system only accepts payments through Visa and MasterCard credit and debit cards and payment by deposit at the following convenience stores: Farmacias Benavides, 7-Eleven, Walmart, Farmacias del Ahorro, Sam’s, Superama, Bodega Aurrera, Circle K, El Asturiano, Waldo’s, Extra, Kiosko, Super Farmacia Guadalajara, Gesto Pago, Mutlirecargas and Pago Rápido. Before you can complete your Purchase Order, you must have provided through the Website the address associated with your card and the data associated with your credit card, including your card number, the name of the holder, the expiration date and the card’s security code. For some items or during special promotional periods, you may be offered the option to pay on a monthly basis without interest. Specific payment terms will be provided on the item information sheets. Please note that OTSUKA does not store your card information; this data is obtained directly from you, through a highly secure section of our Web site, for payment processing. The payment processor requests authorization for your purchase from the issuing bank. OTSUKA has taken several steps to ensure that your online payment is made in a safe and reliable manner. For more information, please refer to our Privacy Notice.
- Electronic invoices. Once you receive your Purchase Confirmation, you will be able to request your invoice. Your invoice will be sent to your email address on a regular basis 24 hours after you request it.
- Intellectual Property.
- Ownership of Site Contents. All of the Contents of the Site are the property of OTSUKA and are protected in Mexico and other countries by copyright and industrial property laws and by international treaties on intellectual property.
- Registered Trademarks. POCARI SWEAT® and their respective designs and logos are trademarks owned by OTSUKA or its corporate group and may not be copied, imitated or used, in whole or in part, without the prior written permission of OTSUKA. In addition, page headers, custom graphics, button icons, and scripts or text are also the intellectual property of OTSUKA and are protected by trademark rights; therefore, they may not be copied, imitated, or used, in whole or in part, without our prior written permission.
- Restrictions on Use. Except as expressly provided in the Site Contract Documents, no Site Content or any other material protected by intellectual or industrial property laws relating to the Site may be copied, reproduced, distributed, replicated, downloaded, displayed, published or transmitted in any form or by any means, without our prior written permission or the prior written permission of the owner of the intellectual property rights; the foregoing includes, but is not limited to, the use of electronic, mechanical, photocopying, recording or any other means. You may electronically copy and print some materials from this Website for your personal and private use and for non-commercial or non-profit purposes. Any other use of the materials on this Website is prohibited without our prior written permission.
- Hyperlinks. Permitted links to our Website. OTSUKA permits the creation of a hyperlink that links to any third party web page solely and exclusively to the home page of our Web Site; the right granted is non-exclusive and is granted provided that the hyperlink does not imply representing OTSUKA or any of its products and services in a derogatory, false, misleading or defamatory manner. The right granted is subject to restrictions and may be revoked by OTSUKA at any time. It is prohibited to use any Content of the Site protected by OTSUKA’s intellectual or industrial property rights (including trademarks, text, design of any page or form) without our prior written consent. The foregoing, including the use of any material by means of framing techniques. Any other form of linking between our Web Site and another site without our prior written consent is prohibited. Unless expressly stated, the right conferred by this clause does not confer any implied or explicit license in favor of any individual or entity.
- Limitation of liability. Any use of the products purchased by the User is the sole responsibility of the person using the goods. Once the product is delivered to its recipient, the User is responsible for the way in which he or she uses it.
Notwithstanding the above, if it is determined that OTSUKA is liable to you, for any reason whatsoever, our liability to you or any third party, the parties to this contract agree that this liability is limited by conventional penalty between OTSUKA and the User. The parties agree that such penalty shall be equal to the amount of the total price you paid for your Purchase Order.
- Modifications. OTSUKA may modify these Terms and Conditions and, in general, the Site Contract Documents from time to time. In such event, we will post the new version of the modified document on the Site and will highlight the date on which the last update was made.
- Applicable Law and Venue. For the interpretation and fulfillment of this contract the parties agree to submit to the federal laws of Mexico and State of Jalisco’s. The parties expressly submit to the competent courts of the City of Guadalajara, Jalisco. The parties expressly waive any other present or future jurisdiction that by reason of their present or future domiciles may correspond to them.
The charge for deliveries will be itemized in the price of the item.
The articles shall be delivered by ESTAFETA®, and therefore OTSUKA shall not be responsible, totally or partially, for delays in delivery, errors in the delivery address or person to whom they are addressed, or damaged, missing or open products during the shipping and delivery process.
Usually, delivery time is 2 to 6 business days from the day you receive your purchase confirmation, although delivery may be extended up to 15 business days from the regular term mentioned above. Items are delivered from Monday to Saturday depending on each case. No deliveries are made during holidays or Sundays. The delivery service does not include unpacking.
Any return originated by the acquirer, either because decides to cancel it once his order has been made or because it has not been possible for ESTAFETA® to deliver it, will have an additional cost to be paid by the user from $220.00 to up to a total amount equivalent to the purchase made by the acquirer, depending on the expenses incurred for the delivery of the product, in each case to find out the status of your shipment, you can always monitor the real-time location at https://www.estafeta.com/Herramientas/Rastreo with the tracking number or code provided by OTSUKA.