STANDARD TERMS AND CONDITIONS OF SALE

Welcome to the e-commerce portal. This contract establishes the terms and conditions applicable to the marketing of goods and/or services (hereinafter "The Products") through the e-commerce platform with domain at https://www.eviter.com/ (hereinafter "The Portal") viewed via the web from a computer or mobile devices; "The Portal" is the property and responsibility of Apolo 94 Comercializadora, SA de CV with RFC: ANC2002138E5 (hereinafter "EVITER") with address at Sócrates 128 Interior 604, Colonia. Los Morales Sección Palmas, Alcaldía Miguel Hidalgo, CP 11540, in Mexico City. "EVITER" is a commercial company duly incorporated in accordance with the laws of the United Mexican States, in the State of Mexico, on February 13, 2020 before Notary Public No. 17, under Public Deed No. 39. By using the "Portal" to purchase "The Products," you, as an individual or legal entity (hereinafter "The Client" or, where applicable, "The Clients"), agree to the terms and conditions set forth in this Electronic Commerce Agreement (hereinafter "The Agreement"). "EVITER" and "The Clients" shall collectively be referred to as "The Parties." Therefore, "The Parties" acknowledge and accept the following:

DEFINITIONS

a) “Consumer(s) or Client(s)”: The natural or legal person who acquires or enjoys as the final recipient of “The Products”.
b) “EVITER”: Is the provider of the information system contained in the website or e-commerce portal under the domain www.eviter.com.
c) “Information System or The Portal”: It is the electronic commerce portal used to generate, send, receive, archive or process in some other way, data messages for the purpose of marketing “The Products”, the foregoing based on the provisions of article 89 of the Commercial Code.
d) User: Natural or legal person who only consults and/or uses “The Portal” to obtain information about “The Products”.

1. LEGAL BASIS OF THE “CONTRACT”
This document was prepared based on the provisions of articles 1794 to 1859 of the Federal Civil Code, articles 89 to 95 of the Commercial Code, articles 76 bis and 76 bis 1 of the Federal Consumer Protection Law and under the recommendation of the Mexican Standard NMX-COE-001-SCFI-2018, in order to guarantee, make transparent, inform and correctly guide “Clients” regarding navigation and transactions on “The Portal”.
2. OBJECT
“The Contract” regulates the conditions of use of the “Portal”, as well as the general terms for the marketing of “The Products” that “The Clients” must observe.
3. CONSENT AND ACCEPTANCE OF THE “CONTRACT”
To access the "Portal" and carry out any transaction, "Customers" confirm that they understand the content and scope of the "Agreement," which is why "Customers" understand that "The Agreement" is mandatory and binding. By clicking the purchase button, "Customers" accept the terms and conditions described in the clauses of the "Agreement." Therefore, if they do not agree with the provisions of "The Agreement," "Customers" must refrain from using the "Portal."
Without prejudice to the foregoing, “The Client” will have a period of 5 (five) business days from the delivery of “The Products” or the signing of the “Contract”, whichever occurs last, to revoke his/her consent without any liability.
4. CAPACITY TO USE THE “PORTAL”
Use of the "Portal," as well as the marketing and sale of "The Products," will only be available to those with legal capacity to enter into contracts, acting either personally or through the corresponding guardian or legal representative. If you are using the "Portal" as a legal entity (company or entity), you must be authorized by that entity to carry out transactions on behalf of said entity on "The Portal."
5. USE OF THE “PORTAL”
“Clients” may only use “The Portal” to market “The Products,” and therefore agree to refrain from using it for illegal purposes or purposes contrary to the provisions of “The Contract,” which may be harmful to the rights or interests of third parties, or which may in any way damage, cyberattack, disable, and/or hack in order to overload or deteriorate “The Portal” and/or “The Products.” It is “Clients’” responsibility to verify the HTTPS security certificate of the domain https://www.eviter.com/ in order to confirm the authenticity of the site they are visiting.
In order to ensure commercial transactions on "The Portal", "EVITER" may implement and/or establish security measures and/or mechanisms to verify the profile and/or data of "The Clients", through authentication processes such as:
I. Login Email: “Clients” must provide an email address and personal data to log in to “The Portal.” II. Password to Access the “Portal”: “Clients” may access the “Portal” using an alphanumeric password. This password will be for the personal and confidential use of “Clients.” The safeguarding and use of this password will be the responsibility of “Clients.”
III. Verification of the Associated Phone: “Customers” may access the “Portal” by using and authenticating security codes or phrases generated on the mobile device or phone associated with “Customers” account.
6. COMPENSATION FOR MISUSE OF THE PORTAL
If either of the Parties misuses the Portal and causes damage or harm to the other, the affected party must be compensated and held harmless from all liability.
7. ACCOUNT CREATION
To make purchases on “The Portal”, “The Client” must register to create an account (hereinafter “The Account”) by providing certain personal information, which will be kept secure and confidential.
Within “The Account,” “Customers” will be able to associate their preferred payment method to make their purchases.
EVITER suggests that Clients verify that their personal information is correct before saving it. Therefore, it is the Client's responsibility to provide clear and accurate information and to keep it updated in their Account. During Account registration, Clients must generate an access password according to the procedure detailed in section a) of this section.
Any unauthorized use of the password or account must be notified by “The Client” to “EVITER” immediately, since “EVITER” will not be directly or indirectly responsible for any loss or damage of any kind resulting from negligent use of “The Account” for reasons attributable to the “Client”.
a) “Password Generation”
To complete the registration of "The Account," "The Clients," once they have entered the required information on the corresponding forms, must freely and confidentially generate an access password (hereinafter "The Password") consisting of alphanumeric characters. In this regard, "The Clients" will be solely responsible for all activities carried out in "The Account" with a registered "Password."
b) Resetting “The Password”
In the event of theft or loss of "The Password," "Clients" may recover or reset "The Password" by entering the email address established for logging into "The Portal." In this regard, it is the "Client"'s responsibility to report this circumstance through the means of communication provided in the "Agreement." Notwithstanding the foregoing, "The Client" shall be obligated to report said theft or loss to the competent authorities in order to verify the circumstance and safeguard its rights.
8. PRIVACY OF “CLIENT” INFORMATION
By browsing the Portal, "Customers" accept the content and processing established by the "EVITER" Privacy Notice. "Customers" can consult the Privacy Notice https://www.eviter.com/avisodeprivacidad, which applies to the marketing of "Products" on the Portal. “Clients” may exercise any of their rights of access, rectification, cancellation, or objection (“ARCO RIGHTS”), as well as revoke their consent for the processing of their personal data, by sending an email to info@eviter.com, where they will be assisted in a timely manner.
9. PREVENTION OF OPERATIONS WITH RESOURCES OF ILLEGAL ORIGIN.
In order to prevent acts or transactions involving proceeds of illicit origin, "Clients" acknowledge and agree that they will act at all times in compliance with the precepts and guidelines established by the Federal Law for the Prevention and Identification of Transactions with Proceeds of Illicit Origin. Likewise, "Clients" must comply, where applicable, with all obligations to identify and report vulnerable activities provided for in the same law.
10. COMMUNICATION BETWEEN “CLIENTS” AND “EVITER”
When “Clients” use “The Portal” or send: i) an email, ii) a text message and/or iii) communicate through various electronic devices, by virtue of the marketing of “The Products”, “Clients” acknowledge and accept that they will be communicating electronically with “EVITER”, and therefore may receive electronic communications from “EVITER” in various ways.
For the above reasons, "EVITER" must promptly inform "Clients" so that they can receive and apply accordingly the promotions, offers, messages and other notifications that are sent or communicated by electronic means, in the interest of providing legal formality to the communications made and generated by the use of the "Portal".
11. INTELLECTUAL PROPERTY RIGHTS
The copyright and/or industrial property rights over the content, organization, collection, compilation, information, magnetic or electronic transfers, digital conversion, logos, photographs, images, programs, applications, or in general any information contained or published on "The Portal", are duly protected in favor of "EVITER" or, where applicable, in favor of its Affiliates, Suppliers and/or their respective owners, in accordance with the applicable legislation on copyright and/or industrial property.
Therefore, "The Clients" are expressly prohibited from modifying, altering or deleting, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos or, in general, any indication that refers to the ownership of information contained in "The Portal."
12. INTELLECTUAL PROPERTY CLAIMS
“EVITER” recognizes and accepts the intellectual property rights of third parties, which is why in the event that a third party other than “EVITER”, or its “Clients”, considers that their intellectual property rights have been violated, they may inform “EVITER” of said violation by notifying the email address https://info@eviter.com/ for attention and resolution.
13. PAYMENT METHODS
A payment method or method, at the Customer's discretion, must be associated with "The Account" to carry out transactions related to the purchase of "The Products." "The Customer" is obligated to verify the information registered in the payment methods of "The Account" to purchase "The Products" on "The Portal." Therefore, "The Customer" is solely responsible for the information and payment methods registered.
a) Accepted Payment Methods
For the purchase of “The Products” on “The Portal”, any of the following are accepted as payment methods:
i. Credit and/or Debit Cards authorized by Visa, MasterCard or American Express.
ii. Cash payments through authorized establishments. Information regarding this payment will be visible when "Customers" begin the purchasing process.
iii. Electronic funds transfer.
iv. PayPal
v. Other similar means accepted by law.
b) Payment Method Failures
In the event of any failure to process the purchase of "The Products" on "The Portal," "Customers" will be immediately notified of the failure and, consequently, the impediment to processing their payment. In the event of failures resulting from transactions or purchases made with credit and/or debit cards, "Customers" must contact their card issuer.
14. PRICE OF “THE PRODUCTS”
Once "Customers" select "The Products" in "The Portal," they will be able to see the total amount to be paid, the payment method, and, if applicable, any applicable promotions. "The Portal" will then direct "Customers" to the link where they must enter their information and payment method in order to process the purchase. All prices on "The Portal" are in Mexican pesos and include applicable taxes. "Customers" are advised to review their transaction summary before finalizing their purchase to verify the amount or price to be paid and other costs and/or charges for "The Products."
15. BILLING
The invoice will be issued by "EVITER" at the request of "The Clients" within one month of the purchase of "The Products." If "The Clients" require an invoice for their purchase, they must provide the following information:
i. Name or business name/company name to which the billing will be made.
ii. Proof of payment.
iii. Proof of updated tax status.
iv. Email.
a) “EVITER” Billing Process
Once "Clients" have their proof of payment or purchase confirmation, they can obtain their invoice by entering the billing section available in "The Portal." Subsequently, "Clients" must enter data such as: Name or Business Name, RFC, CFDI Use, and email address.
Upon completing the aforementioned data entry, the Client will receive the digital tax receipt (CFDI) via email. This receipt will be sent within 72 hours of the request. Clients must verify and validate that the invoice data entered is correct prior to submitting the request.
. CFDI EVITER Correction
“The Client” will have 48 hours after billing to correct the invoice previously generated for the purchase of “The Products”. In this case, “The Client” may contact “EVITER” through the communication channels provided in the “Contract” in order to request said correction. CHARACTERISTICS OF “THE PRODUCTS”
Before purchasing "The Products" on "The Portal," "Customers" should consult the "Product Features and Description" section for more detailed information on their specifications and qualities. If they have any questions about the characteristics of "The Products," "Customers" may request further information through the various "EVITER" customer service contact methods.
PROMOTIONS ON “THE PORTAL”
The prices, promotions, availability and inventory of “The Products” that appear on “The Portal” are temporary and exclusive for sales on “The Portal”. Regarding information and advertising of “The Products” marketed through the “Portal”, it must be truthful, verifiable and free of errors, with “EVITER” being responsible for said information.
In its capacity as intermediary supplier, “EVITER” will provide facilities to “The Clients” in their purchases made on the “Portal”, for the purposes of communication and intermediation of purchases, as well as to support the prompt solution in claims for non-conformities for “The Products”, and/or the request for guarantees, “EVITER” makes available to “The Clients” the process established in section “b”) of clause “19.- GUARANTEES”
WARRANTIES
All "Products" sold on "The Portal" come with a warranty that duly covers any defects or faults in "The Products" once "Customers" have received them. These warranties comply with Mexican law or, where applicable, any other applicable regulations or Official Mexican Standards, depending on the nature of each product, in accordance with the following paragraphs:
a) Guarantees of “The Products”
The “Products” are covered by a warranty that complies with the Federal Consumer Protection Law and Mexican Official Standards.
Notwithstanding the foregoing, "EVITER" will at all times provide support to "Customers" in their purchases to safeguard their rights as consumers. "EVITER" will be responsible for guarantees for "Customers" and will request their receipt or purchase invoice, as well as evidence of the defect, failure, breakdown, or any other condition that demonstrates the need to enforce the guarantee, so that a technical opinion can be obtained if required.
b) EVITER Guarantee
“EVITER” seeks the satisfaction of “The Clients”, therefore, if a product does not match the characteristics published in “The Portal”, that is, if “The Clients” received a different product or one with a defect, they may exchange it for another similar product, return it, or request a refund in accordance with the provisions of clause 22. CHANGES, RETURNS OR CANCELLATIONS, in any physical store of “EVITER” nationwide or through the means of contact provided by “EVITER”, as long as “The Products” have not been used, altered or personalized, also the period to make the guarantee effective is 10 calendar days counted from the date of purchase or delivery of the product.
PRODUCT AVAILABILITY
The availability and delivery of the "Products" will be visible at the time of purchase and before finalizing it. Additionally, once the purchase is completed, Customers may check the delivery date via email. If the "Products" are marked "Made to Order," Customers may opt for this option in accordance with the conditions and availability described below:
The Customer may request cancellation of the purchase and a refund of the payment prior to delivery of the product. The Customer may also request the status of their order at any time through our contact channels:
Telephone: +52 1 55 4025 4144
WhatsApp: +52 1 55 4025 4144
DELIVERY OF PRODUCTS.
For all matters relating to the time and manner of delivery of "The Products", the following paragraphs must be observed:
Delivery Time
The delivery time for "The Products" will be determined by their nature and payment method. Therefore, "The Clients" will be informed of this information from the moment they inquire about the product or during the purchase process and before completing the purchase. Therefore, "The Clients" hereby acknowledge and accept that, before purchasing "The Products" on "The Portal," they will pre-approve the delivery date provided by "The Portal" before completing the purchase. "The Products" will be delivered through the following methods:
Delivery Methods
I. Messaging
The Products will be sent via internal EVITER courier service or, where applicable, through a third party contracted by EVITER, to the address indicated in the Account by the Customer. If the purchased product incurs a shipping cost, said amount will be communicated during the purchasing process and prior to completion of the purchase.
Customers can verify this in the corresponding transaction summary. Therefore, EVITER will be responsible for the Products until they are delivered to Customers. Once the delivery date is confirmed, a maximum of three delivery attempts will be made to the indicated address.
In the event that, for reasons attributable to the "Client" and without prior notice from the latter, delivery cannot be completed, the order will be cancelled and the amount paid will be refunded to the payment method used to make the purchase. "EVITER will not be able to store "The Products" for more than 30 days following confirmation of the delivery date or product availability, therefore if the "Client" does not schedule its delivery, it will have to be cancelled upon expiration of the aforementioned period, without any liability for "EVITER".
When “The Products” are delivered to the “Customer’s” address, the following process must be followed:
The "Products" must be delivered packaged with product identification labels, as well as the recipient's information, including their name and delivery address.
The delivery personnel will verify the address provided by the "Customer" to validate the delivery of the "Products." Therefore, it is important that, at the time of purchase, the "Customer" provide the correct address where the product will be received. Delivery will be made to the person present at the address. Upon delivery/receipt of the "Products," the delivery personnel may request the name of the person to whom the delivery is intended, as well as identification to verify the information provided by the "Customer."
Delivery personnel may take photographs of the product at the time of delivery to confirm its condition. Upon delivery, the person with whom the delivery is being handled must sign an acknowledgment of receipt, which may be a physical receipt or digitally, using the electronic device provided by the delivery personnel.
The Customer may request the product be unwrapped at any time to verify delivery conditions. If the person to whom the delivery is delivered expresses any dissatisfaction, they must ask the delivery personnel to record this on their receipt and/or electronic device. If the recipient of the merchandise does not express any dissatisfaction, the delivery will be deemed fully satisfied.
When the product is not delivered in good condition, "The Client" may refuse to accept it and must contact the customer service channels indicated as contact to request a physical exchange and/or refund as appropriate, in accordance with the provisions of this "Contract."
When at the time of delivery, "The Products" present visible damage or alterations, "The Client" must take evidence and contact the service channels indicated as contact to send the evidence and report said situation to "EVITER" and thereby request the physical change and/or return as appropriate, in accordance with the provisions of this "Contract".
Regardless of whether the delivery is made through a third party, "EVITER" will be responsible to "The Clients" for the same, for which reason "EVITER" will provide support through its communication channels, provided that it is determined that the delivery was deficient or was not carried out properly.
Gift Shopping and Various Products
If you have purchased more than one item in a single transaction or when making a purchase with a gift, the items may be delivered separately at different times. To this end, the "Customer" will be contacted through the communication channels provided at the time of purchase.
Shipment Tracking
At the time of purchase, a shipping order number (shipping guide) will be generated by the Parcel Service. Once the purchase is completed, "Customers" can track their shipment in the section called Delivery Tracking, consulting the aforementioned order number.
EXCHANGES, RETURNS AND CANCELLATIONS
In the event that “Customers” for reasons attributable to “EVITER” receive a product that:
Does not correspond in terms of the characteristics, brand, specifications and other substantial elements under which it has been offered on “The Portal”.
Have any defect of origin attributable to EVITER.
“Customers” may request a change or return from “EVITER” in accordance with the following:
I. Return with purchase confirmation email: purchase confirmation made by email to make the return.
II. Condition of “The Products”: “The Products” must be in good condition to make the corresponding exchange or refund, so “EVITER” will not be able to make the exchange or refund, in the following cases, by way of example but not limited to:
If “The Products” were manipulated by unauthorized third parties.
For improper use of “The Products”.
In all cases where a refund is made in accordance with paragraphs “a)” and “b)” of this clause, “Customers” may choose i) a substitute good, or ii) a refund of the amount paid.
In the event that “Customers” request the return of “Products” and the assumptions contemplated in sections “a)” and “b)” of this clause are not met, “EVITER” reserves the right to return the product, considering the nature of the product and the reasons for attending to said request.
III. Cancellations: If “The Products” have not been sent to “The Clients”, the order (purchase) may be cancelled, whereupon “EVITER” will refund 100% of the total amount paid for “The Products” deducting the benefits that have been applied at the time of purchase in favor of “The Clients”, to the payment method with which the purchase was made.
In the event that "The Products" are en route for delivery to the "Customer's" address, the "Customer" must receive them and subsequently initiate the cancellation process.
IV. Products with Special Conditions: Due to their nature, as well as for hygiene and health reasons, the return of certain products will be accepted when they have not been consumed or used, as they lose their value and/or functionality. Therefore, returns will not be accepted, including but not limited to the following products:
Personal care products.
Oral hygiene products.
Sanitizing products.
Baby care products.
Pet care products.
And others like it.
V. Support to “Customers”: “EVITER” sales advisors will support “Customers” at all times to make the corresponding exchange and/or return, for which the advisors must:
1. Offer a replacement product.
2. Make the corresponding refund to the payment method used to make the purchase.
3. If payment was made using a payment method that prevents refunds via the same method, EVITER will inform Customers of the appropriate refund method.
CLARIFICATION AND COMPLAINT MECHANISMS
“EVITER,” committed to its customers and their families, offers the following means of contact to achieve an amicable settlement, in the event of any potential conflicts that may arise from the purchase of the products and the use of the portal. Therefore, customers may contact EVITER through the contact methods listed below:
Through the Customer Service Center at +52 1 55 4025 4144
By WhatsApp at +52 1 55 4025 4144.
Email: https://info@eviter.com/
Opening hours: 9:00 a.m. to 5:00 p.m., Monday through Friday.
"EVITER" must respond in writing to "The Clients" within a maximum of 72 business hours after receiving the request. The corresponding response must be sent to the email address provided by "The Client" for this purpose.
FORTUOUS EVENT AND FORCE MAJEURE.
“The Parties” shall not be liable in the event of a fortuitous event or force majeure affecting the systems and/or processes of the “Portal,” nor shall they be obligated to pay compensation for any type of failure, loss, or damage resulting from the unavailability of “The Products” due to a fortuitous event or force majeure. Likewise, in the event of a declaration of a fortuitous event or force majeure issued by a competent authority or government body due to the spread of a disease, epidemic, or pandemic, “EVITER” shall not be liable for the lack or delay in the delivery of “The Products” due to the impact on mobility, the economy, or work, whether in Mexico and/or abroad.
For the above reasons, “EVITER” and “The Clients” may, in some cases, temporarily suspend the application of the terms and conditions established in the “Agreement” due to the act of God or force majeure in question. Notwithstanding the foregoing, “EVITER” will make its best efforts to notify, in a timely manner and as soon as possible, of said event by any means, whether physical and/or electronic, the manner in which it will resume operations to fulfill the purpose of the “Agreement”. Likewise, “The Clients” must communicate in due time to “EVITER” through the established communication channels, any circumstance derived from the act of God or force majeure, which prevents it from complying with the “Agreement”.
JURISDICTION AND COMPETENCE
The Federal Consumer Protection Agency has administrative jurisdiction to resolve any dispute arising from the interpretation or performance of this contract. Notwithstanding the foregoing, the parties submit to the jurisdiction and venue of the courts of Mexico City. Therefore, "The Clients" and "EVITER" hereby waive any other jurisdiction that may apply to them based on their current and/or future addresses or for any other reason.