Terms and Conditions of Use and Purchase On The Site www.sentientthebrand.com

SENTIENT THE BRAND S. de R.L. de C.V. ("SENTIENT”, "us” or "we”) with address at Periférico Sur 4225-504, Jardines de la Montaña, Postal Code 14010, Mexico City, incorporated and operating under the laws of Mexico, own and operate this website ("Site”). These Terms and Conditions of Use and Sale ("Terms”) constitute a legally binding agreement made by and between SENTIENT and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, "you”). The Terms govern your use of the retail and other services we make available on this Site ("Services”).

IF YOU DO NOT AGREE TO OR ACCEPT THESE TERMS AND, AS A RESULT, TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
If you have any questions about these Terms, please contact us by email at hello@sentientthebrand.com

Acceptance: who can use the Services

You can use these Services only if you agree to form a binding contract and are not prevented from receiving services under Mexican Law.

Privacy

Our Privacy Notice describes how we handle the data and personal information that you provide us, in order to use it when you use our Services. By using the Services, you consent to the collection, use and treatment (as established in the Privacy Notice) of this information, including the transfer of certain information to related entities or third parties, as described in the Privacy Notice.

Website Content and Services

You are responsible for your use of the Services and any Content that you provide and submit through the use of the Services, including compliance with applicable laws and regulations. You should only provide Content with which you feel comfortable sharing with other people and that does not infringe the industrial, intellectual and copyright rights, as well as the property rights of third parties.

The terms and conditions of use of the shopping platform denominated Shopify will apply should you make a purchase through our website www.sentientthebrand.com. By placing an order for the products offered at www.sentientthebrand.com, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

The use of the website www.sentientthebrand.com is to visualize the fashion products that are offered, so in order to be able to process your purchases, the following will be done: 

1) To undertake a purchase, you must provide the necessary data that we require to process your order and subsequent purchase. Such data is set out in our Privacy Notice and in Shopify's terms of use. The required data must be provided accurately and truthfully. If you do not provide us with the required information, we will not be able to process your purchase request. 

2) You must place the order legally, without providing fraudulent or false information. In which case we reserve the right to cancel any order. 

3) You commit to authorizing the payment for the total amount of your order, according to the price offered through the website and accepted, whether it has been set in Mexican pesos, US dollars or any other currency. 

4) Your order will be considered valid once payment has been received, after which acceptance by SENTIENT will be notified through a confirmation email, which will formalize your order. 

5) All products are subject to availability. We reserve the right to withdraw any product from our page at any time and not restock it. 

6) The delivery of the orders is carried out by SENTIENT and its commercial affiliates and the delivery times will depend on the place of delivery and determined by the shipping companies that carry out the transport of our products. SENTIENT has no control over and is not responsible for delays caused during the shipping process. 

7) The delivery of the product (s) will be deemed to have been made with the signature of receipt of the buyer or of any other person who is at the shipping address provided through the website and receives the product(s). 

8) If the delivery cannot be carried out, your product(s) may be returned to SENTIENT or safeguarded by the company in charge of transporting the product(s). In this case, you can contact us at hello@sentientthebrand.com, in order to define a new estimated shipping date and the payment of shipping services, if necessary. Shipments will not generate any additional cost to the price of the product(s). All shipments outside of Mexico are considered international.  Depending on the country where the purchase is carried out, different fees and additional charges may apply. If you buy our products and you are outside of Mexico, you may need to pay customs fees upon reception of the goods. You will be responsible for the payment of any customs fees and any other duties. Please contact your customs authority for more information before proceeding with your order. SENTIENT cannot be responsible for the importation fees of each country. 

9) SENTIENT accepts exchanges and returns of purchased product(s) through our website www.sentientthebrand.com only, in accordance with our Returns & Exchanges policy. 

10) SENTIENT's liability in relation to any product offered and purchased through our website will be strictly limited to the purchase price of the purchased product and its delivery to the transport company. You understand and accept that the risk for the quality and physical conditions of the product(s) will be transferred to you at the moment the product(s) is delivered to the transport company. 

Intellectual property

All the intellectual property rights related to SENTIENT, which includes but is not limited to the copyrights, designs, brands and other rights over the materials or content published on the website www.sentientthebrand.com are owned by SENTIENT and those who have the moral rights over the brand’s trademark. To make use of any of the referred materials, you must request permission in writing to SENTIENT.

In this sense, all content that appears on the website, which includes but is not limited to logos, icons, trademarks, text, graphics, photographs, images, moving images, videos, sound, illustrations and software (Content) are the property of the SENTIENT, its owners, licensees and / or its content providers.

Limitation of liability and misuse of the Site

Access to and use of the Services or any Content is at your own risk and responsibility. Neither SENTIENT, nor any of its employees, managers, directors, agents or affiliates, nor any other party involved in the creation, production or distribution of the products through www.sentientthebrand.com will be liable for any direct, indirect, special or consequential damages, or any other damages resulting from the use of the Content on the Site, or the inability to use it, including damages caused by viruses, inaccuracies, errors or incomplete information on the Site.

We try to be as exact as possible when describing the products. However, some descriptions are based on information provided to us by our suppliers, we cannot guarantee that any description is completely correct, complete, accurate or free of errors. In the same way, the images of the products on the website serve, solely, for illustrative purposes. Although we try to display colors accurately, we cannot guarantee that the colors displayed on your computer, or the way you perceive them, will be identical to those on the physical products. SENTIENT will not be liable in the event of any discrepancy between the description on the website and the product. 

The products sold are granted only for your private use. You agree that you will not use the products for any commercial, business or resale purpose. SENTIENT is not responsible to you or to third parties for any use that you make of the products contrary to what is indicated above.

It is prohibited to use the Site to send or transmit any content generated by the user that infringes or may infringe any intellectual or industrial property rights of a third party or that is threatening, false, misleading, subversive, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminatory or illegal, or that may constitute or incite conduct that could be considered an infraction or a crime, violate the rights of any party or that may in any other way give rise to civil liability or violate any law. SENTIENT may deny you access to the website at any time at its sole discretion.

Unless prohibited by applicable law, YOU WAIVE, RELEASE AND AGREE TO INDEMNIFY AND NOT SUE SENTIENT for any claim that may arise in connection with the use of the Services. The user thus HEREBY EXPRESSLY WAIVES ANY CLAIM FOR DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL AND / OR ANY OTHER DAMAGES, AS WELL AS ANY LOST PROFITS, IN ADDITION, BY THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY ANY DAMAGES YOUR CONTENT MAY CAUSE.

Entry into force and modifications

These Terms and Conditions are effective as of September 2022 and may be modified from time to time. Any modification to these Terms and Conditions will be posted on the site as a notification.

General

SENTIENT may revise these Terms and Conditions without prior notice. These Terms and Conditions will be governed by Mexican law. Any dispute that may arise derived from the use of the Services and / or the purchase of products through the website www.sentientthebrand.com will be resolved through an arbitration administered by CANACO (Chamber of Commerce of Mexico City), following its accelerated arbitration regulations, will be resolved by a single arbitrator, in the Spanish language and the arbitration will be carried out in Mexico City. The parties expressly waive any other jurisdiction that may correspond based on their domicile or nationality.