TERMS AND CONDITIONS OF USE.

These terms and conditions were prepared in accordance with the provisions of Articles 76 bis and 76 bis 1 of the Federal Consumer Protection Law and observing the recommendations of the Mexican Official Standard NMX-COE-001-SCFI-2018 published in the Official Gazette of the Federation on April 30, 2019.

1.- IDENTIFICATION DATA OF “THE SUPPLIER:”

Name or corporate name: “TMM ALMACENADORA S.A.P.I. DE C.V.”.
Physical address: Circuito Exterior Mexiquense, KM 33, Almacén 2, Santa Lucia Base Aérea Militar, (Aduana del Aeropuerto Internacional Felipe Ángeles AIFA), C.P. 55640, Zumpango, Estado de México.
Means of contact:
- Hours of operation: MONDAY TO FRIDAY 9:00 am - 6:00 pm which will be applied to the following media:
- Telephone number: (591) 689 0367
- e-MAIL: atencionactes@taptmm.com
- Electronic page/website/web page: https://taptmm.com/en

2.- OBJECT:

These terms and conditions constitute a contract of adhesion for the use of the Internet page https://taptmm.com/en ( hereinafter “electronic page” and/or “web site” and/or “web page”) entered into by: on the one hand, “TMM ALMACENADORA S.A.P.I. DE C.V.” (hereinafter “THE SUPPLIER” and/or “TAP TMM”), in its capacity as the responsible party, and on the other hand “THE USER” and/or “THE COMSUMER”, both parties subjecting themselves to the provisions of this document.

3.-ACCEPTANCE OF THE TERMS AND CONDITIONS:

When “THE USER” accesses, uses and observes the website, it shall be considered as an absolute and express acceptance of the Terms and Conditions of Use stipulated herein, the other documents incorporated herein by reference, as well as, to the laws and regulations applicable in accordance with the legislation in force for the use of the website.

“THE USER” is understanding, acknowledging and accepting the Terms and Conditions of Use contained in this contract and expressly declares its acceptance using for such purpose electronic means, cell phone, tablet, computer, and any device with internet access in terms of the provisions of Article 1803 and other relative of the Federal Civil Code, at the time of entering, browsing, accessing, and using this website and performing any transaction.

“THE USER” shall refrain from accessing, using and observing the website, and contracting any other service offered by “TAP TMM” when he/she does not fully and completely accept the Terms and Conditions of this contract.

4.- USE OF THE WEBSITE: https://taptmm.com/en:

“THE USER” and “TAP TMM” agree to use the website as follows:

“THE USER” in order to use the website https://taptmm.com/en states that he/she has the age of majority established by the federal civil legislation, that is, being at least 18 years old or accessing under the supervision of a parent or legal guardian.
“TAP TMM” grants the use of the website, under the Terms and Conditions of Use described, for the sole and exclusive purpose for the provision of services on the website.

“THE USER” may only print and/or copy and/or store and/or download any information and/or image contained or published on the website exclusively for personal use, therefore the commercial use of such information is expressly and strictly prohibited.

“THE USER” is expressly prohibited for commercial purposes to reprint, publish, distribute, assign, sublicense, sell, reproduce electronically or by any other means, in whole or in part, any information, image, document or graphic appearing on the website. Any infringement of these Terms and Conditions of Use will result in “TAP TMM” prohibiting the entry and/or use of the website granted in this section, without prior notice.

“THE USER” accepts and acknowledges that, for the granting of the services offered through the website, must provide accurate and updated personal information, therefore, “TAP TMM” has the obligation to manage the information in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties and in terms of its privacy notice.

“THE USER” is fully responsible for all activities that occur when using the website, likewise, when providing the information necessary to process through the website the respective purchase order with the selected items of your choice.
“THE USER” at the time of filling the purchase order on the website agrees to receive promotional emails from “THE SUPPLIER”. However, subsequently, you may opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email or by sending an email to atencionactes@taptmm.com.
“TAP TMM” reserves the right to block access to or remove in whole or in part any information, communication or material that in its sole judgment may result:
1. Abusive, defamatory or obscene
2. Fraudulent, contrived or misleading
3. Infringing on copyrights, trademarks, confidentiality, trade secrets or any intellectual property rights of a third party
4. Offensive or
5. That in any way contravenes the provisions of this contract.
When “THE USER” accesses the content from outside the United Mexican States, he does so at his own risk and is responsible for compliance with the laws within the jurisdiction in which “THE USER” is located.
“THE USER” is prohibited:
1. Violate or attempt to violate the security of the website
2. Accessing data you are not authorized to use or logging into a server or account to which you are not authorized to access.
3. Attempting to examine, scan or test the vulnerability of a computer system or network or to breach security or authentication measures without proper authorization
4. Attempt to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Web Site; causing saturation of such sites by 'flooding', 'spamming', 'mailbombing' or 'crashing'; or
5. Sending unsolicited e-mail, including promotions and/or advertisements for products or services; or
6. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
“THE USER” acknowledges that violations of the computer system or network security may generate civil or criminal liabilities. “TAP TMM” will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; likewise “TAP TMM” will cooperate with the competent authority in the investigation of such violations in the terms established in the applicable legislation.
For proper access to the website, “THE USER” must have the necessary equipment and facilities for Internet connection (computer, telephone, modem, programs, etc.), being the use of this equipment their total responsibility.
“TAP TMM” is exempt from any liability that may occur due to interruptions or suspensions of the Internet access service caused by the failure of the telecommunications system, power supply, acts of God or force majeure or an action of third parties that may disable the equipment that provides access to the network.
Therefore, “TAP TMM” is not responsible for any damage or loss to “THE USER” caused by failures in the system, server or Internet. “TAP TMM” will not be responsible for any virus that could infect the equipment of “THE USER” as a result of access, use or examination of the website or as a result of any transfer of data, files, images, text, or audio contained therein. “THE USER” will NOT be able to impute any responsibility or demand payment of damages, due to technical difficulties or failures in the systems or in the Internet. “TAP TMM” does not guarantee continuous or uninterrupted access and use of the website. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the control of “TAP TMM”; in such cases, it will try to restore it as soon as possible without being held responsible for it. “TAP TMM” shall not be liable for any error or omission contained in the Website.
“THE USER” is responsible for verifying the HTTPS security certificate of the domain https://taptmm.com/en in order to confirm the authenticity of the site they visit.

5.- RESPONSIBILITY OF THE USER IN RELATION TO THE TRANSACTIONS:

“THE USER” assumes responsibility for all costs, fees, taxes and claims arising from the use of this website. The access data communicated to “THE USER” for your profile have been conceived exclusively for personal use, and must be treated with confidentiality. All transactions made through the purchase order will be imputed to the person who appears in the purchase order, and will be binding.
“THE USER” shall be liable without limitation for direct and indirect damages, as well as consequential damages, which may be caused by gross negligence or unlawful intent.
Parents or guardians of minors shall be liable for the acts performed by them as provided by these Terms and Conditions of Use, including damages caused to third parties, actions taken by them and that are prohibited by law and the provisions of this agreement, without prejudice to the liability of “THE USER”, provided that it was not the parent or legal representative of the minor offender.

6.- INTELLECTUAL AND INDUSTRIAL PROPERTY AND COPYRIGHTS:

The intellectual property rights, whether registered, in the process of registration or not registered, on the website, but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, text, logos, trademarks, domain names, trade names and data included in the website, the above is protected by the current Mexican and international legislation relating to intellectual and industrial property and copyrights duly protected in favor of “TAP TMM” and/or in case of their respective owners.

“THE USER” is prohibited from copying, reproduction, adaptation, modification, distribution, marketing, licensing, shipping, disclosure, public communication and / or any other action that generates an infringement of Mexican or international legislation in force on intellectual property and / or industrial and / or copyright, as well as the use of the contents of the website.

The provisions of the preceding paragraph shall also apply to any other information that “THE USER” sends or transmits to “TAP TMM”, including, without limitation, questions, criticisms, comments and suggestions to renew or improve the website, whether these have been included in any space of the page indicated or under other means or modes of transmission known or to be developed in the future. In addition, when “THE USER” sends comments or criticisms to the website, it also grants “TAP TMM” the right to use the name that “THE USER” sends, within the framework of such review, comment, or any other content.

“TAP TMM” recognizes and accepts the rights of intellectual property in favor of third parties, reason why in the event that a third party outside “TAP TMM”, “THE USER” considers that any content published on the website is in violation of intellectual or industrial property rights or copyrights, may make a notification by contacting the team of Attention to “THE USER” and/or “THE CONSUMER” of “TAP TMM” (atencionactes@taptmm.com)“THE USER” will have to indicate the following:

True personal data (name, address, telephone number and e-mail address of the claimant)
Autgraphic signature with the personal data of the holder of the intellectual property rights
Precise and complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as the location of such violations on the website.
Express and clear statement that the introduction of the indicated content(s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; v) express, clear statement, under the responsibility of the claimant, that the information provided in the notification is accurate and that the introduction of the content(s) constitutes an infringement of such rights.

The website contains links to third party websites. These links are provided solely as a convenience to “THE USER” and do not imply that “TAP TMM” has endorsed the content of such third party web sites. “TAP TMM” s not responsible for the content of linked third party web sites and makes no representations regarding the content or accuracy of material on such third party sites. If “THE USER” decides to access third party web sites through these links, he/she does so at his/her own risk.

7.- ADVERTISING MATERIAL:

“THE USER” acknowledges and accepts that some parts of the website may contain information, images, advertisements and other advertising or promotional material from third party sponsors and advertisers (hereinafter referred to as 'Advertising Material').

Advertisers and sponsors are responsible for ensuring that Advertising Material submitted for inclusion on the website complies with relevant laws and regulatory codes. “TAP TMM” is not responsible for any errors or inaccuracies in the Advertising Materials.

Also, “THE USER” acknowledges and accepts in this act that such Advertising Material is protected by applicable laws on copyright, intellectual property and industrial property.

8.- CANCELLATION

Users may cancel the Services they have contracted at any time and at their sole discretion, giving prior notice to “TAP TMM”. Notwithstanding the foregoing, they shall not be entitled to any refund of the contracted Services.

“THE USER” may cancel the service through the website within a maximum period of 5 (five) calendar days from the delivery of documents via WhatsApp or email indicated in the subject CANCELLATION. In case the contracts have already been signed by “TAP TMM”, “THE USER” will not be able to cancel the services, and will have to follow the procedure presented in the section 'CANCELLATION PROCESS' of these Terms and Conditions.

9.- CANCELLATION PROCESS:

“THE USER” will be able to formulate in writing any claim, cancellation related to the services object of the present contract from Monday to Friday from 9:00 am to 6:00 pm by means of electronic mail.

9.1.- Cancellation period of the contracted services:

Upon receipt of the documents sent by the “CLIENT”, “TAP TMM” will make a study and investigation on the desire to cancel in the next 5 (five) days, prior notice by email.

10.- BILLING POLICIES:

“TAP TMM” reserves the right to deny the billing request in case the request is made outside the stipulated period, i.e. within one month after the date the order was placed, without exception.

When requesting the invoice it will be necessary for “THE USER” to have on hand and provide the following fiscal requirements:

RFC with homoclave
Full name or company name
Complete fiscal address including street, number, neighborhood, delegation or municipality, state and zip code.
Payment method (electronic funds transfer, debit or credit card or PayPal)
Indicate at least the last 4 digits of your payment account
E-mail where the invoice will arrive
Once the corresponding invoice has been issued, TAP TMM will not be able to re-invoice or issue subsequent invoices.

“THE USER” agrees with the billing data entered, likewise, accepts that they will be used to generate the corresponding invoice and that once the payment is made and the invoice is generated THERE ARE NO HANGES. Therefore, it is not possible to attend any re-invoicing request, since the errors in the invoices are responsibility of “THE USER” and are not attributable to “THE SUPPLIER”.

“THE USER” accepts that any problem with the generation of the invoice or correction of the tax receipt or that if the R.F.C. is not valid for the Tax Administration Service (SAT) the invoice will not be generated, to generate it you must send an email to atencionactes@taptmm.com.

11.- RESPONSIBILITY:

“THE USER” hereby agrees to indemnify and hold harmless “TAP TMM” and its subsidiaries, controlling company, shareholders, directors, employees, officers, directors and agents against any actions, proceedings, liabilities, demands, claims, losses, liabilities, damages, costs, damages, expenses and costs, as well as expenses, costs and fees of lawyers and outside counsel arising from or related to the violation by the User of:

These Terms and Conditions, and/or
Any laws, rules, decrees or regulations in force.

“TAP TMM” reserves the right to assume the defense and control of any matter or claim that involves or could involve the payment of compensation associated with any breach by “THE USER”. “THE USER” agrees to cooperate with “TAP TMM” in the development of the pertinent defenses.

12.- MODIFICATIONS TO THE SITE HTTPS://TAPTMM.COM/EN:

“TAP TMM” ay at any time and when it deems appropriate, without notice to “THE USER”, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of this website, without giving rise or right to any claim or compensation, nor that this implies recognition of any liability in favor of “THE USER”.

13.- VALIDITY, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE:

“THE SUPPLIER” and “THE USER”, acknowledge that the Terms and Conditions of Use are of unlimited validity, and shall enter into force as of its publication in the website.

“THE USER” has the obligation to read this document regularly, so that he/she is always informed about eventual modifications. Changes to the contract will become effective immediately after their publication on the website. Once the modifications have been made, it will be presumed that the User who continues to use the website will have full knowledge, will have read and consented to the amended Terms and Conditions.

In case “THE USER” does not accept the modified terms and conditions, he/she must stop using the “TAP TMM” website.

“TAP TMM” may at any time suspend access to the website and/or terminate these Terms and Conditions. The termination of these Terms and Conditions shall not imply in any case for “TAP TMM” to indemnify “THE USER”.

14.- SUBSISTENCE:

hese Terms and Conditions of Use, as well as the additional terms, constitute the entire agreement between the parties, and supersede any other agreement or contract previously entered into. Any clause or provision of this contract, as well as of the additional terms, legally declared invalid, will be eliminated or modified at the option of “TAP TMM”, with the purpose of correcting its defect or flaw. However, the rest of the clauses or provisions shall maintain their force, binding and validity.

15.- ADDITIONAL TERMS:

“TAP TMM” may revise, update and/or add to the Terms and Conditions of Use of this contract, additional provisions relating to specific areas or new services provided in or through the website, which will be published in the specific areas or new services of said website for its reading and acceptance. “THE USER” acknowledges and agrees that such additional terms are an integral part of this contract for all legal purposes.
“TAP TMM” declares that the guarantees offered in the services, as well as in the packaging, is in accordance with these terms and conditions.

“TAP TMM” makes available to “THE USER” to solve any complaint, claim, clarification or nonconformity, regarding services, warranties, packaging, billing, via WhatsApp or email with office hours from Monday to Friday from 9:00 am to 6:00 pm, likewise “THE USER” is informed that “TAP TMM” will answer within a maximum period of 3 (three) working days from the next day of receipt.

16.- APPLICABLE LAW AND JURISDICTION:

The Procuraduría Federal del Consumidor is competent in administrative proceedings to resolve any controversy that may arise regarding the interpretation or fulfillment of this contract. Notwithstanding the foregoing, the parties submit to the jurisdiction of the competent courts in the Estado de México, expressly waiving any other jurisdiction that may correspond to them, by reason of their present or future domiciles or for any other reason.

17.- ASSIGNMENT OF RIGHTS:

The rights granted to the User must be considered as personal rights and “THE USER” may not assign or transfer them, nor authorize any third party to use them in any way. “TAP TMM” may assign all or part of its rights and/or obligations to any third party, subsidiary or controlling company of “TAP TMM” without prior authorization from “THE USER”. By virtue of such assignment, “TAP TMM” shall be released from any obligation in favor of “THE USER”, established in this contract.

18.- NO WAIVER OF RIGHTS:

The inactivity on the part of “TAP TMM”, its affiliates or suppliers to exercise any right or action derived from this contract, shall at no time be construed as a waiver of such rights or actions.

19.- INDEMNIFICATION:

“TAP TMM” and “THE USER” agree to indemnify the other, as the case may be, for any action, claim or demand (including attorney's fees and court costs) arising from any breach by “TAP TMM” and “THE USER”, as the case may be, to this agreement; including, without limitation of any of those arising from:

Any aspect related to the use of the website.
The information contained or available in or through said site or of insults, defamation or any other conduct in violation of this agreement by the User in the use of the website indicated.
Violation of applicable laws or international treaties relating to copyright or intellectual property rights contained or available on or through such website.

20.- OTHERS:

If any provision of these Terms and Conditions shall be unlawful, void or unenforceable in any jurisdiction, it shall not affect:

The legality, validity or enforceability in such jurisdiction of any other provision of this agreement; or.
The legality, validity or enforceability in any other jurisdiction of such or any other provision of this agreement.

“TAP TMM” may not exercise any of the rights and powers conferred in this document, which shall not imply in any case the waiver thereof, unless expressly recognized by “TAP TMM”, or prescription of the action that corresponds to each case.

The headings of the clauses are incorporated into the same only for convenience and for better handling, so they shall in no way be considered for purposes of interpretation, nor shall they affect the obligations contained therein.

These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices published or communicated, from time to time, by “TAP TMM” through the website, constitute the entire agreement between “THE USER” and “TAP TMM” in relation to the Services offered by “TAP TMM” through the website.

21.- PENALTY:

In case of non-compliance by any of the parties to the obligations under this Agreement, the responsible party shall be liable for a conventional penalty equivalent to 10% of the total amount of the payment of the service. In the event that “TAP TMM” is in default, in addition to the aforementioned conventional penalty, it shall return the amounts paid by “THE CONSUMER”.

This penalty is stipulated because there is a delay in the fulfillment of the obligations established in this Contract, without prejudice to the right of the parties to choose between demanding the fulfillment of the Contract or terminating it.

In the event that any of the parties requires the payment of the Conventional Penalty, they must request in writing the payment of such penalties, and must make the payment within 15 (fifteen) calendar days after having received the request for the payment of the conventional penalty.

22.- RESCISSION:

“TAP TMM” and “THE USER” agree that, in the event of termination of this contract, they will proceed in accordance with the provisions of the Federal Consumer Protection Law, for due acceptance by the consumer. The foregoing, for greater certainty, information an

23.- GLOSSARY.

For the purposes of these Terms and Conditions, the following definitions are established:

Consumer and/or user: The individual or legal entity that acquires or enjoys online furniture as a final recipient, in accordance with the provisions of the Federal Consumer Protection Law. And to any person of any nature who enters the website https://taptmm.com/en and/or any of the subpages that display its content and/or to the person of any nature who registers and/or uses any of the services offered through said website.

Law: To the Federal Consumer Protection Law.

Contract of adhesion: To the present document elaborated unilaterally by the supplier, to establish in uniform formats the terms and conditions applicable to the commercialization of line furniture.

Procurator's Office: The Federal Consumer's Office.

Supplier: “TMM ALMACENADORA S.A.P.I. DE C.V.” with the commercial name “TAP TMM” who regularly or periodically offers handling, storage, custody, transportation and distribution services of all kinds of merchandise.

User: For the purposes of this contract, the parties agree that “THE USER” shall mean any person of any nature who enters the Site https://taptmm.com/en and/or any of the subpages that display its content and/or any person of any nature who registers and/or uses any of the services offered through said page.