TERMS AND CONDITIONS
TERMS AND CONDITIONS
To Users (as defined below), we inform you that the following Terms and Conditions apply to you simply by using or accessing any of the web pages, mobile applications, software, and applications in general, that make up the website at www.coldwindsystem.com (hereinafter, the «Site»). By doing so, we understand that you accept and agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, you should refrain from accessing or using the Site.
AGROINDUSTRIAS DE MICHOACAN S.A DE C.V. and/or its subsidiaries, parent companies, related parties, and/or affiliates (hereinafter, collectively referred to as the “Company”) reserve the right to modify the content of the Site at any time, at its sole discretion, without prior notice.
A User is understood as any person who uses or accesses the Site through a computer and/or any communication device (hereinafter, the “User”). The User agrees not to use devices, software, or any other means to interfere with the activities and/or operations of the Site, the databases, and/or the information contained within it.
ELECTRONIC COMMUNICATIONS
Whenever you use one of our services or send us an email, text message, or other communication from any device, you will be communicating with us electronically. You agree to receive communications from us electronically in various forms, such as emails, text messages, automatic notifications from our app, or notices and messages posted on this website or through other services, such as our Message Center. You agree that all contracts, notices, messages, and other notifications sent to you electronically satisfy any legal requirement for written form and have full legal effect and validity.
- USE AND RESTRICTIONS
Access to or use of the Site expresses the full and unconditional acceptance by the User of these Terms and Conditions. Through the Site, the User will use, contract, and/or access various services and contents (the “Services and Contents”) made available by the Company. The Company has the right to deny, restrict, or condition the User’s access to the Site, in whole or in part, at its sole discretion, as well as to modify the Services and Contents of the Site at any time without prior notice.
The User acknowledges that not all Services and Contents are available in all geographic areas, and some Services and Contents may only be used after prior registration, activation, or payment by the User. The Company does not guarantee the availability and continuity of the operation of the Site and its Services and Contents, nor the usefulness of the Site or the Services and Contents concerning any specific activity, regardless of the access method used by the User.
The Company will not be responsible for any damage or loss of any nature that may occur due to the lack of availability or continuity of the operation of the Site and/or the Services and Contents.
The User is solely responsible for the use of the Services and Contents on the Site and must use them according to the functionalities allowed on the Site and the authorized uses set forth in these Terms and Conditions. The User agrees to use them in a manner that does not violate good customs, third-party rights, internet usage rules, the laws of Mexico, and the laws of the country where the User is located when accessing the Site and using the Services and Contents. The Site is for the User’s personal use, and the User may not commercially exploit the Services and Contents in any way.
The User agrees to indemnify and hold harmless the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, agents, representatives, and/or any related parties concerning the use of information or documentation acquired by the User through the Site. The Company will not be responsible for any use the User makes of such information or documentation, nor for the consequences resulting from such use.
- RESTRICTIONS
The User does not have the right to place hyperlinks within the Site, use links from the Site, or place or use the Services and Contents on their own or third-party sites without prior written authorization from the Company. The User may not prevent other Users from using the Site or its Services and Contents. - INTELLECTUAL PROPERTY
The intellectual property rights, copyrights, and industrial property concerning the Services and Contents, distinctive signs, and domains of the Pages or the Site, as well as the rights to use and exploit them, including, but not limited to, their disclosure, publication, reproduction, distribution, and transformation, are the exclusive property of the Company. The User does not acquire any intellectual property rights, copyrights, or industrial property rights by simply using or accessing the Services and Contents of the Site, and no such use will be considered as an authorization or license to use the Services and Contents for purposes other than those contemplated in these Terms and Conditions. - THIRD-PARTY INTELLECTUAL PROPERTY
The User agrees that the provisions of the previous article regarding the Company’s rights also apply to third-party rights concerning the Services and Contents of the Pages, domains, or information presented or linked to the Site. - QUALITY OF SERVICES AND CONTENT AND WARRANTIES
Neither the Company nor its suppliers or business partners will be responsible for any damage or loss suffered by the User due to inaccuracies, queries made, typographical errors, or periodic changes or improvements made to the Services and Contents and the Site. The Services and Contents, recommendations, and advice obtained through the Site are of a general nature and should not be considered in making personal, commercial, or professional decisions. For that, the User should consult a professional appropriate to their specific needs. The Services and Contents are not intended as advisory or consultancy services and should not be interpreted as such.
The Company offers the Services and Contents with reasonable competence and diligence from a commercial standpoint; however, no guarantees are provided in relation to these. The Site is provided by the Company «as is» and «as available.» The Company makes no representations or warranties of any kind, express or implied, regarding the operation of the Site, information, content, materials, services, or products included. The User expressly agrees that use of the Site is at their own risk. The Company reserves the right to remove or delete any information from the Site at any time at its sole discretion. Neither the Company, nor its suppliers, business partners, or distributors provide specific guarantees about the Services and Contents; the Company excludes all warranties to the extent permitted by applicable laws.
According to these Terms and Conditions, the Company assumes no liability of any kind to any person arising from or related to the Services and Contents, browsing the Site, queries, clarifications, and/or any other responses provided by the Company through any communication medium.
The User agrees to indemnify and hold harmless the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, agents, representatives, and/or any related persons from any responsibility that may be attributed to them in connection with the Site, the provision of Services and Contents, or anything derived from these Terms and Conditions.
The User understands and agrees that the Company’s liability will always be limited to the amount paid for the Services and Contents.
5.1 DELIVERY TIMES
The Company informs the User of the following average delivery times for the Services and Contents. The User acknowledges that these times are for reference only, and delivery times may be affected by factors such as: dependencies on authorities, holiday periods, legislative changes, lack of documentation from the User, and other factors:
Delivery times within Mexico will be seven business days. For deliveries outside Mexico, the delivery time will be indicated by the courier company transporting the product.
5.2 CAUSES FOR DEFLECTOR RETURNS
A reason for return would be a damaged box caused by shipping (smashed or broken), which results in malfunctioning deflectors.
To validate the return, the customer must send a photo of the box’s condition to ventas@coldwindsystem.com as soon as they receive the package.
Returns must be made within 72 hours of receiving the package. The return must include the full package with all deflectors and the bubble packaging.
5.3 CAUSES FOR ANEMOMETER RETURNS
The return of the anemometer will be accepted if it is not working when received. The customer has 72 hours from the receipt of the anemometer to return it, including the original packaging. A return request must be sent to ventas@coldwindsystem.com, including the receipt. After 72 hours, the customer must claim the manufacturer’s warranty.
- SUBSCRIPTIONS. The Company offers a personalized subscription service that allows Users to access different Subscription Services and Content, in accordance with the Subscription Plan (as defined below) they wish to choose (hereinafter «Subscription Services and Content»).
To access the Subscription Services and Content, the User must subscribe to a Subscription Plan on the Site. Each Subscription Plan is distinct from others in terms of price, available features, number of users, among other characteristics (hereinafter «Subscription Plan»).
To access the Subscription Services and Content, the User must provide the Company with a payment method.
The Company may make as many changes as it desires to the Subscription Plans, at its sole discretion.
- PAYMENTS. The Company may, at its sole discretion, change the price of each of the Services and Content on the Site at any time.
The payment for the Services and Content may be made through the following payment methods:
7.1 Payments via the payment platform/payment gateway https://stripe.com/mx (hereinafter «Stripe»): The Company, through Stripe, will charge the User’s debit or credit card, upon authorization, for the payment of the Services or Content, charges in installments with no interest, one-time payments, or recurring charges. The User acknowledges and agrees that Stripe reserves the right to decline a transaction for any reason, and that neither Stripe nor the Company will be responsible for such declined payments.
When payments are made via Stripe, all credit or debit card information is captured on the Stripe platform and servers, under their own security standards. By using the Site, the User acknowledges and accepts the Terms and Conditions, as well as Stripe’s Privacy Notice, holding the Company harmless from any responsibility or claims regarding the handling of their information.
7.1.1 Stripe is responsible for processing payments made through SPEI (electronic transfer or cash payment using the generated receipt). Once made, payments will be reflected in approximately 24 to 48 business hours according to Stripe’s payment processing measures.
7.2 Payments via the payment platform/payment gateway PayPal de México, S. de R.L. de C.V. (hereinafter «PayPal»): The Company, through PayPal, will charge the User’s debit or credit card, upon authorization, for the payment of Services or Content, charges in installments with no interest, one-time payments, or recurring charges. The User acknowledges and agrees that PayPal reserves the right to decline a transaction for any reason, and that neither PayPal nor the Company will be responsible for such declined payments. To make a payment via PayPal, the User must have an account on that platform, and PayPal will collect and process the payment directly. All credit or debit card information is captured on PayPal’s platform and servers, under their own security standards.
By using the Site, the User acknowledges and accepts the Terms and Conditions, as well as PayPal’s Privacy Notice, holding the Company harmless from any responsibility or claims regarding the handling of their information.
7.3 Billing cycle: Charges for the Subscription Plan allowing access to the Subscription Services and Content offered by the Company, as well as any other charges incurred, will be billed to the payment method provided by the User on the specific billing date for the Subscription Plan.
The duration of the billing cycle will depend on the type of subscription selected by the User at the time of contracting the Subscription Services and Content.
7.4 RISK OF LOSS
All products purchased on our website are carried out through a shipping contract. Ownership and risk of loss for the products will transfer to you when the products are handed over to the appropriate carrier. You expressly consent to being charged for your purchase either at the time the products are shipped or, if you select payment by card, at the time your order is processed.
The «Company» does not assume ownership of the returned product until it is received at the return address. We reserve the right, at our discretion, to refund the amount for the product without requiring its return. In such cases, ownership of the product for which the price has been refunded will not transfer to the «Company.»
7.5 RETURNS AND CANCELLATIONS. The User acknowledges that charges made to debit or credit cards, as well as payments made via SPEI (electronic transfer or cash payment using the generated receipt), for Services and Content and/or Subscription Services and Content, will not be refunded. By making these payments, the User agrees unconditionally to the Terms and Conditions and Privacy Notice of the payment service providers. To the extent permitted by applicable law, no payment made will be refundable, and the Company will not issue refunds or credits.
- BILLING. Users may request the issuance of their electronic CFDI invoice (in .xml and .pdf files), duly stamped, no later than 30 calendar days after the payment for the Services and Content. The User must log in with the email used for the purchase and navigate to the Invoices section of the site, select the Service or Content they wish to invoice, and provide the following details: (i) name, business name or legal name, (ii) tax address, (iii) Federal Taxpayer Registry (RFC), and (iv) email address.
- THIRD-PARTY GOODS AND SERVICES LINKED. Offering information on the Site or on other linked or connected websites does not imply recommendation, warranty, sponsorship, or approval by the Company regarding that information, goods, and/or services. The availability of goods and/or services offered by third parties or linked sites is not the responsibility of the Company. Accordingly, the Company will not be held responsible before any authority of any kind for any issues related to the sale, consumption, distribution, delivery, availability, or provision of any goods and/or services offered by third parties or linked sites via the Site.
Regarding the Services and Content provided by third parties within or via links to the Site (such as links, banners, and buttons), the Company limits itself exclusively to: (i) informing the User about them and (ii) providing a means to contact providers or vendors. Products and/or services marketed within the Site and/or third-party linked sites are provided by independent merchants and are not the responsibility of the Company. There is no employer-employee, partnership, or joint venture relationship between the Company and such third parties. All advice, statements, information, and content from linked third-party pages or within the Site represent the opinions and judgments of that third party; consequently, the Company will not be liable for any damage or loss suffered by the User as a result.
- CONFIDENTIALITY. The Company is obligated to keep confidential the information received from the User that is considered confidential in accordance with applicable legal provisions in Mexico; the Company assumes no obligation to maintain confidentiality regarding any other information the User provides.
The Company may disclose the User’s information and the Services and Content acquired to third parties who, by virtue of the services and products offered and acquired, need to know such information in order to fully comply with them.
Additionally, the Company may disclose the User’s information to competent authorities in accordance with applicable legislation; any transfer of personal data without consent will be carried out in accordance with Article 37 of the LFPDPPP.
- USE OF NON-CONFIDENTIAL INFORMATION. By using the Site, the User authorizes the Company, including but not limited to, to use, publish, reproduce, disclose, publicly communicate, and transmit non-confidential information, in accordance with the provisions of the Federal Law on Personal Data Held by Private Parties, the Federal Copyright Law, the Federal Consumer Protection Law, and any other applicable Mexican legislation.
- COOKIES. The User who accesses the Site agrees to receive files sent by the Company’s servers. A «Cookie» is a data file stored on the User’s computer’s hard drive when accessing the Site. These files may contain information such as the identification provided by the User or information to track the pages visited. A Cookie cannot read data or information from the User’s hard drive or read Cookies created by other sites or pages.
Generally, Cookies are automatically accepted; the User can change their browser settings at any time. If the User chooses to reject Cookies, certain sections of the Site may not function optimally or may not function at all.
- PERSONAL DATA PRIVACY NOTICE. All information collected by the Company from the User is handled with absolute confidentiality in accordance with applicable legal provisions in Mexican legislation.
To learn more about the protection of your personal data, please consult our Privacy Notice.
- ACCESS CODES. At all times, the User is solely and ultimately responsible for keeping confidential any access codes they may have, with which they access certain Services and Content of the Site.
14.1 ACCOUNTS. By creating an account on the Site, the User declares, under oath, that they are at least 18 years old or of legal age in their jurisdiction; the User acknowledges that they are responsible for any activity conducted with this account or through it and acknowledges that they are aware of and accept the terms established in these Terms and Conditions and Privacy Notice.
- MODIFICATIONS. The Company has the right to modify the Terms and Conditions at any time, without prior notice and/or consent from the User. Therefore, the User should carefully read the Terms and Conditions each time they wish to use the Site. Certain Services and Content offered to Users on and/or through the Site are subject to specific conditions that replace, complete, and/or modify these Terms and Conditions. Consequently, the User should also carefully read the applicable specific conditions before accessing any of the Services and Content.
- APPLICABLE LAWS AND JURISDICTION. For the interpretation, fulfillment, and enforcement of these Terms and Conditions, the User agrees that the Federal Laws of Mexico will apply, and the courts of Morelia, MICHOACÁN, will have jurisdiction, expressly waiving any other jurisdiction or venue that may correspond to them due to their current or future domicile or for any other reason.
If any of the provisions of these Terms and Conditions are declared null, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will continue in full force.
- CONTACT. The User may contact the Company’s staff at any time for clarification, comments, questions, and/or suggestions related to the Services and Content, the Site, and/or these Terms and Conditions via email at contacto@coldwindsystem.com.