Welcome to G.Valkyria, your online shopping destination at https://gvalkyria.com/ (or the Owner), we appreciate you reviewing the following TERMS AND CONDITIONS that govern the use of the Website.
By purchasing from G.Valkyria, you signify that you have read, understood and fully agree to the TERMS AND CONDITIONS set forth herein. We reserve the right to change, modify, add or remove portions of these terms and conditions at any time, with changes becoming effective upon posting on the Website.
We recommend that you periodically review updates to these terms and conditions, as you will have to accept the changes to continue accessing and making purchases on our platform. G.Valkyria is subject to the responsibilities established in the Federal Consumer Protection Law and the Mexican Standard NMX-COE-001-SCFI-2018.
The Terms of Use were last updated on November 24, 2023. Thank you for choosing G.Valkyria for your pet's needs!
GENERAL TERMS AND CONDITIONS
SECTION 1. SCOPE
These terms and conditions (the "Terms and Conditions") govern the contracting and provision of Services (as defined below) and the acquisition of Products (as defined below) by any person (the "User") through https://gvalkyria.com/ (the "Owner" and/or "Website").
The G.Valkyria Website, available at https://gvalkyria.com/ , is hereinafter referred to as "The Owner" or "The Website".
The contracting, provision, and/or receipt of Services, as well as the offer and acquisition of Products, requires the User to adhere to these Terms and Conditions, expressly and irrevocably accepting them. The User is deemed to have read and understood these terms by accessing or using the Platform, contracting Services, or acquiring Products.
In the event that the terms and conditions of the Transport Agency contracted by the User have additional restrictions not contemplated in these Terms and Conditions, the conditions of the Transport Agency will apply, in addition to those mentioned herein. The user may consult these on the website of the carrier itself.
1.1 ACCEPTANCE OF TERMS AND CONDITIONS
By accessing the Website, contracting Services or acquiring Products, the User accepts these Terms and Conditions as binding and undertakes to comply with them, including future modifications. The Website reserves the right to unilaterally change, limit, deny or terminate these Terms and Conditions, access to the Platform, and the contracting or acquisition of Services or Products, by publishing them on the Website. The changes are effective upon publication.
1.2 CONTRACTUAL RELATIONSHIP
Access, use, contracting, or acquisition implies the legal binding of the User to these Terms and Conditions, establishing a contractual relationship with G.Valkyria. They replace any previous proposal and the User is deemed to accept them when accessing or using the Website, contracting Services, or acquiring Products.
1.3 MODIFICATIONS AND RESPONSIBILITIES
It is the sole responsibility of the User to periodically review these Terms and Conditions. The Website is subject to the responsibilities established by the Federal Consumer Protection Law and the Mexican Standard NMX-COE-001-SCFI-2018.
1.4 LAST UPDATE
These Terms of Use were last updated on November 24, 2023.
IMPORTANT: IT IS RECOMMENDED TO READ CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.
SECTION 2. USER CAPACITY AND RESPONSIBILITY
As an essential condition for the contracting, provision, or receipt of any of the services, as well as for the acquisition of products through the Electronic Account, the User acknowledges and agrees to be of legal age as established by the Applicable Law. In addition, the User declares to have sufficient legal capacity to govern himself, bind himself, and express his will independently, in accordance with the Applicable Law.
The Website reserves the right to cancel or deny the contracting, provision, or receipt of services, as well as the request and/or acquisition of products for any reason and at any time. It also reserves the right to modify and/or limit the capacity requirements mentioned in the previous paragraph.
The User expressly acknowledges and accepts, unconditionally and irrevocably, that:
- It is your responsibility to ensure compliance with Applicable Law before taking any action related to the services, products and registration of an Electronic Account on the Platform.
- Any action related to the services, products and registration of an Electronic Account may be revoked if prohibited under Applicable Law.
- The services and products available on the Platform are offered exclusively for the benefit of the User through their pets, and not for the use or benefit of third parties.
- You may not contract or receive services, or request or acquire products if you violate any provision of these Terms and Conditions, at the sole discretion of the Website.
As a result of the above, the User expressly, unconditionally and irrevocably acknowledges and accepts that the Website shall not be liable for any breach by the User of these Terms and Conditions and/or the Applicable Law. The User also acknowledges that there may be specific Applicable Laws for his/her country or place of residence, which may prohibit certain actions related to the services and products offered through the Website.
In this regard, the User undertakes not to contract and/or receive services, or acquire products from a jurisdiction that prohibits these actions. The Website reserves the right to close the Electronic Account of any User and/or suspend access to the website for any reason and at any time.
The User is not obliged to contract and/or receive services, or to request and/or acquire products, recognizing and accepting that these actions are subject to his/her sole discretion and risk. Likewise, the User expressly accepts and recognizes that:
- He knows all the services and products perfectly.
- He/she knows perfectly the prices, compensation, scope and characteristics of the services and products.
- The services and products meet all your needs.
- Understand the Terms and Conditions and their legal scope before accepting them.
- You will inform the Website in the event of any changes to your registration data.
The User may not Transfer his/her rights established in these Terms and Conditions without the prior written consent of the Website and at its sole discretion.
2.1. USER REPRESENTATIONS AND WARRANTIES
The User declares and guarantees to the Website, either on his/her own account or through his/her legal representative, the following:
- If you are a natural person, you are of legal age and have full capacity to be bound by the terms and conditions set forth in these Terms and Conditions, in accordance with Applicable Law.
- If he is a natural person, he acts in his own name and in his own right.
- If you are a legal entity, you are a company duly incorporated and existing in accordance with the Applicable Laws, with full legal personality to be bound by the terms and conditions established in these Terms and Conditions, in accordance with the Applicable Law, and you have all the necessary authorizations.
- If you are a legal entity, your legal representative or agent has sufficient and necessary powers and authorities to be bound by the terms and conditions set forth in these Terms and Conditions, and such powers and authorities are in force and have not been modified, limited and/or revoked.
- Your address, for all legal purposes, is the one entered by the User at the time of registration on the Platform.
- You will not use the Services, Products to carry out criminal, unlawful, sanctioned and/or unauthorized activities under the Applicable Law of any jurisdiction.
- Adherence to these Terms and Conditions will not contravene, violate or result in non-compliance with any obligation under any agreement, contract, arrangement and/or legal act to which you are a party, in terms of the Applicable Law.
- All of your transactions, business activities and income are legitimate, lawful and you are not involved in or have any links to any type of crime or criminal activities, nor do you intend to use your Electronic Account in connection with such activities.
- You will not use your Electronic Account through another person, nor do you intend to allow another person to use your Electronic Account, for any unlawful or prohibited purpose, including, without limitation, any type of fraud or money laundering, pursuant to Applicable Law and/or the applicable laws of any other jurisdiction to which you are entitled.
- The debit or credit card details provided correspond to the holder of the Electronic Account and said card has not been reported as lost or stolen.
- You have not previously had an Electronic Account that was suspended and/or cancelled by the Website.
- In creating and opening your Electronic Account, you will not provide any information or make any statement that is uncertain, false, incorrect, incomplete or misleading.
- All information provided by the User is correct, accurate, current, complete and does not violate any Applicable Law.
- Adherence to these Terms and Conditions does not conflict with, contravene or result in any breach of: (i) Applicable Laws; (ii) any court or administrative order to which the User is a party; and (iii) any contractual provision, term, condition, obligation or restriction to which the User is a party.
- It is your will to be bound by the terms established in these Terms and Conditions to contract and receive the services and/or request and/or acquire the products through the Platform, against payment of the corresponding consideration for the same.
2.2. OF THE USER
Access to or use of the WEBSITE, as well as the resources enabled for interaction between USERS, or between the USER and the OWNER, such as means for making publications or comments, confers the status of USER of the WEBSITE. Therefore, the USER will be subject to these TERMS AND CONDITIONS and their subsequent modifications without prejudice to the application of the applicable legislation, so they will be deemed accepted from the moment the USER accesses the WEBSITE. Given the relevance of the above, the USER is recommended to review the updates made to these TERMS AND CONDITIONS.
It is the USER's responsibility to use the WEBSITE in accordance with the way it was designed. The use of any type of software that automates the interaction or download of the content or services provided through the WEBSITE is prohibited. Furthermore, the USER undertakes to use the information, content or services offered through the WEBSITE in a lawful manner, without contravening the provisions of these TERMS AND CONDITIONS, morality or public order, and will refrain from carrying out any act that may affect the rights of third parties or in any way harm the operation of the WEBSITE.
Likewise, the USER undertakes to provide lawful and truthful information in the forms enabled on the WEBSITE in which the user must provide certain data or information to access any content, product or service offered by the WEBSITE itself. In any case, the USER will immediately notify the OWNER of any event that may suggest the improper use of the information registered in said forms, such as theft, loss, or unauthorized access to accounts and/or passwords in order to proceed with their immediate cancellation.
The OWNER reserves the right to remove any comments and contributions that violate the law, respect for human dignity, that are discriminatory, violate the rights of third parties or public order, or that, in its opinion, are not suitable for publication. In any case, the OWNER shall not be liable for the opinions expressed by USERS through comments or posts made by them on the WEBSITE.
Mere access to the WEBSITE does not imply the establishment of any type of relationship between the OWNER and the USER. Given that this is a WEBSITE aimed exclusively at persons of legal age, the USER declares that he or she is of legal age and has the necessary legal capacity to be bound by these TERMS AND CONDITIONS.
SECTION 3. ACCESS AND NAVIGATION ON THE WEBSITE
The Owner does not guarantee the continuity and availability of content, products or services on the Website. However, the Owner undertakes to maintain its proper functioning to the best of its ability, without assuming liability for any loss or damage.
The Owner does not guarantee that the content or software of the Website is free of errors or malicious software. The Owner is not liable for any damage caused by improper use of the Website. Under no circumstances will the Owner be liable for any loss or damage arising from the User's access to or use of the Website.
I. SCOPE OF USE OF THE WEBSITE
3.1. CONNECTIVITY AND TECHNICAL REQUIREMENTS
The User shall be solely responsible for ensuring the internet connectivity necessary to access the Website. In addition, the User shall assume the costs and maintenance associated with said connection. The Website may require specific hardware and software, such as computers and mobile devices with Android, iOS, MacOs, Windows operating systems, among others. The User accepts that it is his/her responsibility to ensure that his/her equipment meets the technical requirements necessary for accessing and using the Website. Failure to comply with these technical requirements shall not be the responsibility of the Website, exempting it from any obligation in this regard.
The User acknowledges that the Website may modify the technical requirements at any time and without prior notice. The Website shall not be liable for any possible impacts on the access and use of the Website due to changes in the technical requirements. The User must periodically check the technical requirements, as the Website reserves the right to make modifications without liability for the User.
3.2. LIABILITY FOR NON-COMPLIANCE AND ASSOCIATED RISKS
The User expressly and irrevocably acknowledges and accepts that the Website shall not be liable for any breach related to access and use of the Website, contracting of services, receipt of services, request or acquisition of products. Such breach may be due to various causes, including failures in the User's equipment, maintenance procedures, power supply failures, improper use of the Website, lack of access due to connection problems, failures due to chance or force majeure, among others.
The Website, its employees, affiliates, subsidiaries, and other related parties do not guarantee the absence of errors or interruptions in the operation of the Website, the correction of defects, the absence of viruses, and the security of the information transmitted through the Website. In the event of possible errors, the Website has the right to withdraw or suspend services and products to correct said errors, without obligation to do so.
3.3. INTELLECTUAL PROPERTY AND SOFTWARE USE LICENSE
The Website is the owner or licensee of the intellectual property rights of the Website, including the processes, procedures, methods and models necessary for the contracting, provision and/or receipt of services, as well as the request and/or acquisition of products. Access to and use of the Website does not imply a sale, transfer, assignment, authorization or license of use to the User, except as expressly established in these Terms and Conditions.
The User will not alter, decompile or disassemble the Website, and the license granted is limited, revocable, non-sublicensable, non-exclusive and non-transferable. The User is licensed to access and use the Website for personal, non-commercial purposes. Any rights not expressly granted in these terms are reserved to the Website.
3.4. INDUSTRIAL PROPERTY RIGHTS
In addition to intellectual property rights, the Website has rights to trademarks, patents, industrial designs, trade names and other associated information. The User undertakes not to use this property in a manner that infringes the rights of the Website, and not to alter, remove or conceal related copyright notices.
3.5. USER RESTRICTIONS
The User is not permitted to install or upload the Website on servers or network devices, sublicense, assign, rent, lease, lend, transfer or copy the Website. It is also prohibited to translate, reverse engineer, decompile, disassemble, adapt or modify the Website.
Any action or use of any device, software, or other means intended to interfere with the activities and/or operations of G.Valkyria, its website, descriptions, accounts, or databases of G.Valkyria is not permitted. Any interference, attempt, or activity that violates or is contrary to the laws on intellectual property rights and/or the prohibitions stipulated in this contract will make the person responsible for the relevant legal actions and the sanctions provided for in this agreement, as well as making the person responsible for compensating for any damages caused.
3.6. WEBSITE CONTENT
G.Valkyria assumes no responsibility for the accuracy or truthfulness of any opinion, statement or declaration made through this Site by any third party other than G.Valkyria. G.Valkyria also assumes no responsibility for any damages or losses that may be caused by the use of the information contained on this Site by any third party to G.Valkyria. It is the sole responsibility of the user to evaluate the accuracy, content and usefulness of the information, so we recommend that you contact a specialist to obtain a professional evaluation regarding any segment of said information.
II. INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY
G.Valkyria, either by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website. This includes the source code, logos, brand, color combinations, structures, designs and other distinctive elements of the Website. These elements are protected by Mexican legislation on intellectual and industrial property, as well as by applicable international treaties.
The User undertakes to respect these rights and will refrain from carrying out acts that violate the security, files or protected databases.
Furthermore, the User shall refrain from deleting, altering, or manipulating any element, file, or content of the Website and shall not, under any circumstances, perform any acts that may violate the security of the files or databases that are protected – whether through restricted access using a username and password or because the User does not have the permissions to view, edit, or manipulate them.
If the User or any third party considers that any of the contents of the Website constitutes a violation of the rights to the protection of industrial or intellectual property, they must immediately notify this through the contact information available on the Website itself.
III. POLICY REGARDING INTELLECTUAL AND INDUSTRIAL PROPERTY OF THIRD PARTIES
G.Valkyria makes reasonable efforts to comply with and resolve all issues related to third party intellectual property rights. However, the responsibility for the products or services advertised on the Site is the sole responsibility of the Users, Transport Agencies and other companies that use the G.Valkyria site, who are obliged to hold G.Valkyria, as well as its representatives, employees, agents or members, harmless from any claim related to the advertised products or services.
G.Valkyria may cancel the account of any User, Transport Agencies and other companies that use the G.Valkyria site that infringes the intellectual property rights of third parties. If you have found a product or service that could represent an infringement of intellectual property by violating patents, utility models, industrial designs, trademarks, commercial notices, trade names, works, exclusive use rights reserved, image rights and, in general, any industrial property right or copyright, it is your obligation to let us know.
You must send a notification to G.Valkyria containing:
- copy of the identification of the natural person or copy of the articles of incorporation of the legal entity that owns the intellectual property rights that you consider are being infringed;
- copy and, if possible, a detailed description of the registration or work that you have protected and that you believe is being infringed;
- description of the product or service advertised on the Website that you believe infringes your rights and that may be subject to infringement;
- sufficient information for G.Valkyria to contact you, such as your address, telephone number, and email address;
- a statement under penalty of perjury that the information in your notification is accurate and true, that you are the owner of the copyright or industrial property rights or are authorized to act on behalf of the owner of such rights that may be infringed.
In the event of the above, please notify us by email at the following address hola@gvalkyria.com. In this case, G.Valkyria will remove the product or service immediately until the nonconformity is clarified.
All Intellectual Property content including trademarks, slogans or commercial notices, trade names, patents, utility models, industrial designs, works of any kind and exclusive use rights reserved will be the property of the User, the Transport Agencies and other companies that use the G.Valkyria site and they will be the ones responsible for any claim that may arise from a third party.
The User, Transport Agencies and other companies that use the G.Valkyria site may remove any content at any time by deleting their account. G.Valkyria shall have the right and non-exclusive license to use on this website or in any other media, including electronic media, the content of the Users, Transport Agencies and other companies that use the G.Valkyria site, including their trademarks, slogans or commercial notices, trade names, patents, utility models, industrial designs, works of any kind and exclusive use rights reserved for the promotion of the products or services offered on the G.Valkyria site.
G.Valkyria will be responsible for protecting all matters relating to its intellectual property rights against third parties who may violate or infringe them.
SECTION 4. SUBSCRIPTION AND USER ACCOUNT
Subject to the provisions of Section 2 of these Terms and Conditions, in order to contract and receive any of the Services, as well as to request and/or acquire any of the Products, the User must register on the G.Valkyria Website, available at https://gvalkyria.com/, hereinafter referred to as "The Owner" or "The Website", and must provide certain personal data for the creation of an electronic account (the "Electronic Account"). The foregoing, with the understanding that it is a condition for the contracting, provision and/or receipt of the Services, as well as for the request and/or acquisition of the Products, that each and every one of the data that the User provides on the occasion of the creation of his/her Electronic Account is correct, accurate, current, complete and does not violate any Applicable Law.
In the event that The Owner, at its sole discretion, considers that the information provided by the User is not correct, current or complete, or that the User has otherwise violated these Terms and Conditions or any Applicable Law, The Owner shall be empowered to suspend or cancel the User's Electronic Account, as well as to prevent the User's access to the Website, the Services and/or the Products, without any liability for The Owner.
The User shall not, at any time: (i) use the Electronic Account, user name, email address or password of another person; or (ii) use a User name as a name subject to the rights of another person, without the corresponding authorization in terms of the Applicable Law; and (iii) use, as a User name, a name that is in any way offensive, vulgar or obscene. The foregoing, with the understanding that the User is solely responsible for the activity that occurs in his Electronic Account, as well as for keeping it updated.
The Owner reserves the right to deny registration or cancel the Electronic Account of any User, at its sole discretion under the terms set forth above. The User agrees to notify the Owner immediately if he or she suspects any unauthorized use or access by a third party to his or her Electronic Account, so that the Owner may proceed to cancel it.
The User may make any changes to the information corresponding to his/her Electronic Account directly through the Website or by sending a prior request by email to hola@gvalkyria.com, specifying the data that he/she wishes to be modified, as the case may be.
The User acknowledges and accepts that, through his/her Electronic Account, he/she may contract and receive the provision of any of the Services, as well as request and/or acquire any of the Products on an ongoing basis, unless: (i) the User fails to comply with any of the provisions established in these Terms and Conditions; (ii) the User expressly states to the Owner that he/she does not agree with any modification, if any, to these Terms and Conditions; (iii) the User cancels his/her Electronic Account; and/or (iv) the User does not log in to his/her Electronic Account for a period of 48 consecutive months.
Only one Electronic Account per User will be allowed. The Owner reserves the right to close, at its sole discretion, duplicate Electronic Accounts or Electronic Accounts that are related to each other and/or related to the same User. Likewise, the Owner reserves the right to reject, at its sole discretion, any registration on the Website by any User, without any liability for the Owner.
At the time when the User decides to register on the Website to contract and/or receive any of the Services, as well as to request and/or acquire any Product, the Owner may provide the information that the User has provided to any credit institutions and/or authorities to confirm his/her identity and the details of the card provided. The credit institution and/or the authority in question will verify any details that the Owner makes known to it with the databases (public or private) to which it has access and will keep a record of said verification. The User accepts that the Owner is authorized to process, use, record and disclose the personal information that the User provides in relation to his/her registration and that such personal data may be recorded by the Owner, the credit institution and/or the authority in question. For the purposes of protecting said information, telephone calls to the User may be recorded and monitored.
The Owner will be authorized to verify any information provided by the User when the latter cancels his/her Electronic Account in order to ensure that he/she complies with the aforementioned requirements. The foregoing is understood to mean that the Owner may request that the User provide a simple copy of his/her official identification in order to verify the foregoing.
By registering an Electronic Account on the Website, the User may use it through the User name and password that he/she registered in his/her Electronic Account through the Website.
The User will have the possibility of deleting his/her Electronic Account, either directly on the Website or through a written request made to the Owner by email to hola@gvalkyria.com.
SECTION V. USER INFORMATION AND PERSONAL DATA
All information provided by the User in accordance with these Terms and Conditions will be treated in accordance with the Owner's privacy policy, available at https://gvalkyria.com/.
Notwithstanding the foregoing, the User hereby agrees to comply at all times with these Terms and Conditions, as well as any other privacy policies available to the User through https://gvalkyria.com/, on the understanding that the User hereby acknowledges and accepts that he/she is fully aware of the content and legal scope of said privacy policies, and therefore automatically adheres hereby to each and every one of the terms and conditions contained therein. In this regard, the User agrees, among other things, to:
(i) ensure that each and every personal data that the User enters into https://gvalkyria.com/ is relevant and correct, that is, that it is accurate and kept complete and up to date; and (ii) be responsible for the veracity of each and every personal data that the User enters into https://gvalkyria.com/.
Except as provided for by applicable legal provisions, G.Valkyria will use its best efforts to maintain the confidentiality of user communications containing personal information that the user transmits directly to G.Valkyria. Notwithstanding the foregoing, registrations and entries made by users in any type of message and opinion forum will not be considered confidential.
5.1 PRIVACY AND DATA PROTECTION POLICY
In accordance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties, the Owner undertakes to adopt the necessary measures within its reach to ensure the privacy of the personal data collected in such a way as to guarantee its security, and prevent its alteration, loss or unauthorized processing. Furthermore, in order to comply with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties, all personal data collected through https://gvalkyria.com/ will be treated in accordance with the principles of legality, quality, purpose, loyalty and responsibility.
Any processing of personal data will be subject to the consent of its owner. In any case, the use of financial or property data will require express authorization from its owners. However, as established in the PRIVACY NOTICE of https://gvalkyria.com/, this authorization may be given through the website itself using the mechanisms enabled for this purpose and, in any case, the greatest diligence and care will be given to this type of data. The same will occur in the case of sensitive personal data, considering these as those that, due to improper use, may give rise to discrimination or those whose disclosure entails a risk for the owner.
At all times, efforts will be made to ensure that the personal data contained in the databases or files used are relevant, correct and up-to-date for the purposes for which they were collected.
The processing of personal data will be limited to the fulfillment of the purposes set forth in the PRIVACY NOTICE, which is available at https://gvalkyria.com/. https://gvalkyria.com/ may include hyperlinks or links that allow access to third-party websites. In such case, the owners of said websites will have their own Privacy and Data Protection Policies, therefore, the Owner does not assume any type of responsibility for the data provided by the User through any website other than https://gvalkyria.com/.
The Owner reserves the right to modify its Privacy Policy according to its needs or as a result of any change in legislation. Access or use of https://gvalkyria.com/ after such changes will imply acceptance of these changes by the User.
Furthermore, access to https://gvalkyria.com/ may involve the use of cookies, which are small amounts of information that are stored in the browser used by the User. Cookies facilitate navigation, make it more user-friendly and do not damage the navigation device. To do this, they can collect information to enter https://gvalkyria.com/ and store the User's preferences, as well as the interaction that the User has with the website. This type of information will be used to improve https://gvalkyria.com/, detect errors, as well as possible needs that the User may have in order to offer Users better quality services and content.
In any case, the information collected will be anonymous and will not identify individual users.
If the User does not wish this type of information to be collected, he/she must disable, reject, restrict and/or delete the use of cookies in his/her internet browser. The procedures for carrying out these actions may differ from one browser to another. Accordingly, it is suggested that the instructions provided by the browser developer be reviewed.
In the event that the User rejects the use of cookies (totally or partially), he/she may continue to use https://gvalkyria.com/, although some of its functions may be disabled. It is possible that these policies regarding the use of cookies may change or be updated in the future. Therefore, it is advisable to review the updates made to these TERMS AND CONDITIONS in order to be adequately informed about how and why we use the cookies that are generated when entering or using https://gvalkyria.com/.
SECTION VI. OFFER OF SERVICES AND PRODUCTS
6.1 Scope of the Offer:
Subject to the provisions of Section 2 of these Terms and Conditions, Users throughout Mexico may contract and/or receive services, as well as request and/or acquire products.
6.2 Validity of the Offer:
The User agrees that the validity of the offer of services and products through the Platform will be determined by the shortest period between the effective date indicated in the offer, the availability of the service or product, and the continuity of the offer on the Platform. The Owner reserves the right to modify and limit the scope of the services and products at any time.
6.3 Product Information:
In relation to the products offered, the User can refer to the detailed information on the G.Valkyria website. In the event of manufacturer errors, a return process is established within the period specified in the section corresponding to Returns.
6.4 Prices and Conditions of Purchase:
Prices on the website include VAT but exclude delivery charges, which will be added to the total amount due as set out in our delivery section on this website. Prices may change at any time, but any changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to purchase, they will be added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchasing process, filling out or checking the information requested at each step. You can also modify the details of your order during the purchasing process before making the payment. A detailed description of the purchasing process is available on our website.
The site www.gvalkyria.com is responsible for providing available information on the different means of transport for your packages so that you can select the carrier of your preference with which the site www.gvalkyria.com collaborates.
Delivery time. The delivery times and delivery of the merchandise are the responsibility of the transport company that you select within the website www.gvalkyria.com, in accordance with the terms published on the website of each of them.
The user is obliged to pay the website www.gvalkyria.com the corresponding amounts for the shipment of his/her package, in an enunciative and non-limiting manner:
service taxes, customs taxes and special taxes that are generated in the event that the shipment is international, extraordinary storage costs and any other amount that is accrued due to the shipment, as well as those generated by the return of the shipment to its place of origin for reasons attributable to the user.
6.5 Changes in Prices, Availability and Stock:
In the event of inconsistencies or errors in the publication of prices, the User will be informed to confirm his/her desire to purchase or cancel the order. In cases of high demand, the sale of certain items may be limited. Furthermore, in situations of lack of stock, the User will be notified, giving him/her the option to confirm his/her desire to purchase or cancel the order.
6.6 Value Added Tax (VAT):
Pursuant to the Value Added Tax Law, the sale of goods in Mexico is considered a taxable activity for the purposes of this tax. It is understood that a sale is carried out in Mexico when the goods are in the country when they are shipped to the purchaser and when, in the absence of shipment, the goods are physically delivered in the country by the seller. Considering the above, orders placed will be subject to the general value added tax rate, which is currently 16% or 0% as appropriate.
SECTION VII. CONTRACTING, ACQUISITION AND PAYMENT
7.1 Contracting of Services and Acquisition of Products
7.1.1 Terms of Contract and Payment
The User, according to Section 2 of these Terms and Conditions, has the option to contract and/or receive the Services, as well as request and/or acquire the Products, in accordance with the provisions of this document. When selecting Services or Products, the User, through his/her Electronic Account on the Website, must proceed to the corresponding payment using the payment methods available on the Platform.
7.1.2 Determination of Amounts and Means of Payment
The Owner reserves the right to establish the amounts to be charged for the Services and/or Products, as well as the means of payment through the Platform. The User has the opportunity to review and accept the rates before making the payment.
7.1.3 Applicability of Rates and Conditions
The User acknowledges that the rates specified on the Platform are exclusive for contracts and purchases made through the Website, excluding other sales channels such as physical stores, telephone sales, among others.
7.2 Payment Process and Personal Data
When selecting Services or Products, the User will be asked to enter personal data to process the payment through the means established on the Platform. The consideration or price must be paid in advance, and must include additional costs such as transport or shipping, specified on the Platform.
7.2.1 Payment Authorization and Automatic Charge
The User authorizes the Holder to automatically charge the debit or credit card registered in the Electronic Account through the available payment gateways, and the User is responsible for the collection and/or payment of the same. The amounts include taxes according to the Applicable Laws.
7.3 Method of Payment and Additional Contracting
To contract and/or receive Services, as well as request and/or acquire Products, the User makes payment through one of the payment gateways shown on the platform, adhering to the Terms and Conditions of the payment gateway providers.
Payment methods. The user will pay through his/her www.gvalkyria.com account, using the payment methods that the site has enabled, which may be, but are not limited to: credit card, debit card or other available methods that the user may find on the www.gvalkyria.com site.
7.4 Subcontracting and Specialized Personnel
The website www.gvalkyria.com collaborates with various parcel and/or courier companies, therefore the user does not object to the shipment being made with any of the companies with which the website www.gvalkyria.com collaborates.
The User acknowledges that the Owner may subcontract specialized services at its discretion for the shipping and delivery of the order. The personnel required to provide the Services do not establish an employment relationship with the User.
In the event of loss and/or destruction of the user's shipment, the user must claim insurance if the merchandise has been insured, directly with the carrier chosen to make the shipment, so the www.gvalkyria.com site is not responsible for the procedure to apply the insurance of your merchandise or for the loss and/or destruction of your shipment.
The user exempts the site www.gvalkyria.com from all liability for loss, damage, poor delivery, non-delivery or delayed delivery of the shipment caused by:
a) Act of God, force majeure or other cause beyond the control of the website www.gvalkyria.com;
b) By acts or provisions of any authority;
c) Incorrect or incomplete address information;
d) Electrical or magnetic damage, erasure or any other damage to electronic, photographic or recorded images of any kind;
In the event of loss, damage or delay, under no circumstances will the site www.gvalkyria.com be liable for direct or indirect damages caused to the user, or to any third party, including, but not limited to, loss of sales, profits, interest, expected profits, market losses, etc.
For the delivery of shipments, the terms and conditions of each of the Transport and/or Parcel Agencies with which the website www.gvalkyria.com collaborates will apply. These conditions can be consulted on their respective websites. In the event of a discrepancy between what is published on the website www.gvalkyria.com and the carrier, the carrier's service conditions will apply, since the rates published on the website are based on them.
7.5 Disclaimer of Liability
The User understands that the Owner has no obligation regarding those who obtain access to the Services and Products, releasing him from liability for the acquisition or not of the same. The Website does not represent or endorse the views expressed by third parties through the opinion sections.
7.6 User Information and Personal Data
The information provided by the User is treated according to the privacy policy available on the Platform. The User undertakes to comply with the Terms and Conditions and other privacy policies, recognising their content and legal scope.
7.7 Changes in Information and User Responsibility
The User accepts that the offers in relation to the contracting and/or provision of the Services, as well as the acquisition of the Products, are subject to change. The User is solely responsible for the charges made and the veracity of the information when selecting and acquiring the Services/Products.
7.8 Absence of Warranties
The Owner and its affiliates do not guarantee the timeliness, accuracy or completeness of the Platform, Services and/or Products. The Owner assumes no responsibility for decisions based on them.
7.9 User Obligations
The User undertakes to make full payment, provide truthful information and assume legal consequences. The User's failure to comply does not oblige the Owner to provide Services and/or deliver Products.
7.10 User Insolvency
In the event of bankruptcy or insolvency proceedings of the User, the Owner may, at its discretion, terminate the relationship with the User, suspending the provision of Services and acquisition of Products, as well as access to the Platform.
7.11 Color Options and Product Variations
The Website offers products with colour options, the variations of which may exist depending on the resolution, screen and equipment of the User. It is the User's responsibility to understand that variations may exist and that the information displayed on the Platform is indicative.
7.11.1 Sizes or Sizes with Margin of Error
The User is informed that the size information may have a margin of error of +-5 cm. The User accepts this variation when making the purchase, recognizing that said information is approximate.
7.11.2 Changes by Supplier or Manufacturer
The User understands and accepts that the supplier or manufacturer may alter, renew or change the image of the product without prior notice. This could result in differences between the product received and the image displayed on the Website at the time of purchase.
7.11.3 User Responsibility
The User assumes the responsibility of understanding and accepting possible variations in color, sizes or dimensions, as well as alterations made by the supplier or manufacturer. The Owner does not assume responsibility for such variations since the User makes his purchase and in accordance with section 1.1 of said Terms and Conditions.
SECTION 8. CONDITIONS OF SHIPPING AND RECEIPT OF PRODUCTS
8.1 SHIPPING CONDITIONS
Subject to compliance with the payment of the corresponding price established in Section 6 of these Terms and Conditions and other applicable provisions, any of the Products requested by the User through the Platform will be subject to the weight, volume, dispatch and delivery conditions available and chosen by the User through the Platform.
The User agrees to indicate in writing to the Owner, through the Platform, the delivery address for the Products ordered. The delivery times chosen by the User will be counted from the validation of the purchase order and the payment method, in business days.
8.2 FOLLOW-UP EMAIL
Once the User has made the corresponding payment, the Owner will send an email to the address established in his/her electronic account, providing the tracking/monitoring data of the shipment status.
8.3 ABSENCE AT THE TIME OF DELIVERY
If the User is absent at the time of delivery and no one receives the product, a new shipping date must be coordinated. If delivery is not made on the second attempt, the order will be cancelled. To coordinate a new delivery or request a refund, the User must contact G.Valkyria. The application of discounts or coupons from the previous order is not guaranteed in new deliveries, and shipping costs are the responsibility of the User.
SECTION 9. CANCELLATION OF SERVICES AND PRODUCTS
9.1 CANCELLATION CONDITIONS
The User may cancel the provision of services or the acquisition of products by sending a cancellation request through the means of communication on the Website.
Cancellation of products is only possible before the order is dispatched. If the product has already been dispatched, the cancellation will not proceed. The User must notify the cancellation before the dispatch is made, considering that G.Valkyria dispatches products on the same day or the next business day, depending on the time of receipt of the order.
9.2 CONDITIONS FOR CANCELLATION AFTER DELIVERY
In the event of cancellation of the purchase of a delivered product, the User may cancel provided that such cancellation is made within 5 business days following the effective date on which the User has received the Product. Cancellation will be subject to the following conditions:
- The Product must not be damaged or deteriorated due to actions attributable to the User.
- The Product must retain labels, sales invoice, accessories and original packaging.
- The Product must not have been used, be dirty or worn.
- The Product must not be a perishable good, for personal or intimate use.
The Owner will send the User a quote for the amount of the logistics guide for the return of the Product. The User must pay for the corresponding shipping cost and once payment has been made, the Owner will send the logistics guide by email within a maximum period of 5 business days after confirmation of the cancellation request.
In the event that the User does not wish to pay for shipping, he/she may use his/her own traceable shipping guides to return the product, which he/she must notify within the first 5 business days after receiving the quote for the amount of the logistics guide by email.
9.3 CANCELLATION PROCESS
If the Product is not shipped within the first 5 business days from the date of sending the return guide or confirmation of shipment at the User's own expense, it will be understood that the User has revoked the cancellation.
Any costs associated with cancellation will be borne by the User.
SECTION 10. ACCEPTED REFUNDS
10.1 REFUND REQUEST
The user may request a refund at the time of requesting the cancellation of the order, as long as it has not yet been dispatched by the Owner.
Otherwise, and having complied with Section 9 of these terms and conditions, the Owner will notify the user of their corresponding refund once they have the return order in their possession.
The Owner reserves the right to make or not partial refunds, if the merchandise in the order does not arrive as the User stated or specified in accordance with section 9.
In the event that the order is returned in good condition, the Owner will refund the order through the same payment gateway used by the customer, deducting the shipping costs.
The above, with the understanding that the User acknowledges and accepts that the corresponding refund times depend directly on the payment gateway used at the time of placing the order.
SECTION 11. FORTUOUS CASES OR FORCE MAJEURE
For all applicable legal purposes, the User and the Owner accept and acknowledge that "Fortuitous Event" and/or "Force Majeure" shall be understood to mean those natural phenomena or acts of persons, beyond the control of the User or the Owner and which occur without fault or negligence on their part, which are insurmountable, unforeseeable, or which, if foreseen, cannot be avoided, which prevent the User or the Owner from fulfilling any of their obligations in accordance with these Terms and Conditions, provided that the party alleging the foregoing has not caused or contributed to the corresponding Fortuitous Event or Force Majeure.
In this regard, both the User and the Owner hereby acknowledge and accept, regardless of any other provisions established in this regard in these Terms and Conditions, that the following events will be considered as Acts of God or Force Majeure, by way of example but not limited to:
- Fires, storms, hurricanes, tornadoes, earthquakes, floods or other natural disasters.
- Wars, terrorism, civil unrest, street riots, insurrections, acts of organized crime and trade embargoes against the United Mexican States or any other country that prevent compliance with the obligations of any of the parties in terms of these Terms and Conditions.
- Demonstrations or disturbances of social order that prevent the provision and/or receipt of the Services.
- Acts of government authorities or entities, administrative units or departments, in accordance with Applicable Law.
- Any health contingencies, including but not limited to any public health problem, caused by epidemics, pandemics, communicable diseases or accidents, which if they occur may become, given the severity and magnitude of the problem for public health, a health emergency situation, declared as such by the competent government authorities in terms of the Applicable Law.
SECTION 12. BILLING
In the event that the User requires a tax receipt, he/she must be registered in the Federal Registry of Taxpayers and request it once the payment of the consideration or the corresponding price is made on the purchase completion page or on the Billing page on this website.
On this page the User must provide:
- Number of your order
- Purchase amount
- Full name or company name
- RFC
- Tax Regime
- Method of payment
- Use of CFDI
- Zip code
The invoice will be sent to the email address chosen by the User. The User will have until the end of the current month in which the purchase was made to request the sales invoice on said page. If more than that time has passed, the user must contact us to request their invoice, specifying the same data requested above.
The User acknowledges and accepts that it will be his/her responsibility to request the issuance of any tax receipts, without any liability for the Owner.
SECTION 13. LABOR AND SOCIAL SECURITY RESPONSIBILITY
13.1. Independent Relationship
The contracting, provision and/or receipt of any of the Services does not create or constitute an employment relationship, association, partnership, joint venture, or similar agreement between the User and the Website. The User and the Website are and will be at all times completely independent contractors.
13.2. Resources and Compliance with Obligations
The User and the Website acknowledge and accept, as independent contractors, that they will use their own resources (human, material, financial and economic) for the contracting, provision and/or receipt of any of the Services. This includes the fulfillment of their obligations under these Terms and Conditions.
13.3. No Creation of Legal Relationships
In the execution and implementation of these Terms and Conditions, as well as in the fulfillment of the obligations of the User and the Website, the parties agree that no provision will be considered or interpreted as the creation of a company, association, joint venture, agency or other commercial relationship between them.
13.4. User Support Personnel
For the purposes of clarity, the User and the Website agree that when the User uses auxiliary personnel for the purposes set forth in these Terms and Conditions, said personnel will depend exclusively on the User, without establishing any employment relationship with the Website. The User assumes all civil, labor, fiscal, criminal and any other responsibilities arising from the relationship with his/her auxiliary personnel.
13.5. User Compensation and Liability
The User acknowledges and agrees that the Website will not have any employment relationship with the User's support staff. The User agrees to indemnify and hold the Website harmless from any claim that such staff may make against the Website. This includes the reimbursement of any amounts disbursed by the Website as a result of such claim, including fees, costs and court expenses.
13-6. Subcontracting by the Website
The User and the Website acknowledge and agree that the Website may contract third parties to provide the Services, at its sole discretion. The Website may subcontract specialized third party services necessary to carry out the provision of services and delivery of orders.
14. MODIFICATIONS
14.1. Right to Modification
The User acknowledges and accepts that these Terms and Conditions may be modified or supplemented unilaterally by the Website, at any time and for any reason.
14.2. Notification of Changes
The changes will be communicated to the User through a notice on the platform. Such changes will come into effect within 10 (ten) calendar days following the date of their publication on the platform.
14.3. Deadline for Acceptance or Rejection of Changes
Within 5 (five) calendar days following the publication of the changes on the platform, the User must communicate and give notice to the Website through the different means of communication indicated in these Terms and Conditions, in case of not accepting them, so that he will be disabled as a User.
14.4. Automatic Acceptance of Changes
Once the period specified in subsection 14.3 has elapsed, the changes will be considered automatically accepted if the User continues to use the Platform and/or the Services.
14.5. Implied Consent
The contracting of the Services and/or the acquisition of the Products through the platform constitutes the User's consent to be bound and obligated by these Terms and Conditions and, where applicable, by their respective modifications. The modifications to these Terms and Conditions will be effective after their publication by the Website on the platform in the terms indicated above. The continued access or use of the Services and/or the acquisition of the Products after such publication constitutes the User's consent to be bound by the Terms and Conditions and their respective modifications.
15. COMPLAINTS
15.1. Deadline for Filing Complaints
Any complaint by the User in relation to the Services and/or Products offered through the Platform must be submitted within the first 3 calendar days following the event giving rise to the complaint. If the complaint is submitted after this period, the Website will not be obliged to address it.
15.2. Products with Different Characteristics
If the User receives a Product with characteristics different from those described on the Platform at the time of purchase, he/she must send a written request to the Website to the email address: contacto@boogiepetslandia.com. The request must include images of the wrong Product and the reason for the claim in the subject of the email, within 24 business hours following receipt of the Product. The User must follow the instructions that the Website provides in response to said request.
15.3. Incomplete Products
If the User receives an incomplete Product, he/she must contact the customer service area of the Website at the telephone number: 55 5913 2429, within 24 business hours following receipt of the Product, to register the claim regarding the missing part. Once the request has been confirmed within the specified period, a response will be given to the User. Depending on the case, the missing part will be sent or the User will be asked to initiate the return process in accordance with these Terms and Conditions.
15.4. Communications Record
The Website reserves the right to record all telephone and e-mail communications with the User and any other person. In the event of a dispute regarding the content of such communications, reference will be made to these records and to the Website's transaction database, which will be decisive in the absence of evidence to the contrary.
15.5. Confidentiality of Complaints
User complaints will be treated as confidential while the Website seeks a solution. The User undertakes not to disclose the existence, nature or details of any complaint to any third party (including discussions in chat rooms or forums offered by the Website or by third parties). Disclosure of such information by the User will be considered a breach of these Terms and Conditions, and the Website will not be obliged to continue seeking a solution to the complaint. In addition, the Website will have the right to suspend (and potentially cancel) the User's Electronic Account.
SECTION 16. AUTHORIZED USE OF THE PLATFORM
The User is authorized to access and use the Platform solely and exclusively in accordance with the provisions set forth in these Terms and Conditions. Any other use of the Platform by the User other than that set forth in these Terms and Conditions, including, but not limited to, retransmission or reprocessing, in whole or in part, is prohibited and the User hereby agrees not to transmit, disclose, reproduce or publish part or all of the content of the Platform to any other person, whether physical or moral.
SECTION 17. LEGAL COMPLIANCE
The User hereby represents and warrants to the Website that he/she is not and will not be involved in any illegal transaction or business and will not use or allow anyone to use the Platform, the Services and/or the Products, for: (i) any purpose or in any manner not authorized by these Terms and Conditions; or (ii) for any illegal purpose or in any manner not in compliance with applicable regulations, these Terms and Conditions or any other Applicable Law.
SECTION 18. LIMITATION OF LIABILITY
18.1. Technical and Professional Execution
The User acknowledges and accepts that the Website and/or the personnel designated by the Website for the provision of the Services and/or the delivery of the Products requested through the Platform, will execute said services in a technical and professional manner.
18.2. Disclaimer
Neither the Website nor its employees, advisors, affiliates, subsidiaries, related parties, shareholders, partners, directors, officers, directors, employees, agents, attorneys and/or representatives shall be liable to the User or any other person, regardless of the cause or duration, for any error, inaccuracy, omission or other defect, lack of availability or lack of authenticity of the content of the Platform, the Services and/or the Products. Likewise, they shall not be liable for any delay or interruption in the provision and/or receipt thereof, nor for any damages or losses arising therefrom.
18.3. Waiver of Legal Actions
The User acknowledges and agrees that he/she will not take any legal action against the Website related, directly or indirectly, to the provision and/or receipt of any of the Services and/or Products through the Platform. The User releases the Website, as well as its affiliates and/or subsidiaries, including their respective shareholders, partners, directors, agents, officers, employees, advisors and/or subcontractors, from any liability in this regard.
18.4. Exception to the Limitation of Liability
The Website will be solely and exclusively liable when there has been fraudulent, negligent or bad faith conduct by the personnel assigned by the Website and such conduct is reliably proven by the User, in terms of the Applicable Law.
SECTION 19. INDEMNIFICATION
19.1. Compensation for Non-Compliance
The User shall indemnify and hold harmless the Website and each of its respective officers, directors, partners, employees, agents, affiliates and/or subsidiaries (the “Indemnified Parties”), from any liability, as well as from any and all damages against the Indemnified Parties that may arise from the User's breach of any of the provisions established in these Terms and Conditions.
19.2. Indemnification for Legal Actions and Claims
The User undertakes to indemnify and hold harmless the Website, as well as its employees, advisors, affiliates and/or subsidiaries, shareholders, partners, administrators, directors, employees, agents, attorneys and/or representatives, from and against any and all legal actions, complaints, claims, demands, proceedings, trials, claims, fines and/or liabilities of any kind and/or nature. This includes covering any damage, loss, expense and/or disbursement of any kind, including attorneys' fees, that are generated or could be generated by any cause not directly attributable to the Website.
19.3. Causes for Compensation
The obligation to indemnify includes, but is not limited to, situations arising from false statements by the User, failure to comply with the obligations assumed by the User in terms of these Terms and Conditions, and failure by the User to comply with the provisions of the Applicable Law. This indemnity covers any consequences that may arise as a result of access, use and/or contracting of the Services through the Platform, whether by the User or by any other person using his or her Electronic Account.
SECTION 20. VALIDITY
The validity of these Terms and Conditions will begin from the date of acceptance thereof by the User by clicking on the “Accept” button during the purchase or account registration process and will remain in force for as long as the User uses the Platform.
SECTION 21. WAIVER; GOOD FAITH
The failure by the Website or the User to exercise any right provided for in these Terms and Conditions will in no case have the effect of a waiver of any of them, nor will the singular or partial exercise by any of them of any right derived from these Terms and Conditions exclude the simultaneous or subsequent exercise of any other right, faculty or privilege of said parties.
The Website and the User will act in good faith in fulfilling their respective obligations under these Terms and Conditions and will act as soon as reasonably possible in the circumstances in granting or denying any consent or approval that is required under these Terms and Conditions.
SECTION 22. NOTICES
All notices, approvals, proposals and other communications required or permitted under these Terms and Conditions addressed to the Website will be sent to the following email address: contacto@boogiepetslandia.com
For its part, notifications that must be made to the User for any reason related to these Terms and Conditions, the provision of the Services and/or the acquisition of the Products, will be sent via: (i) one of the email addresses provided by the User through his Electronic Account; or (ii) the website.
SECTION 23. ABOUT THESE TERMS AND CONDITIONS
For the interpretation or fulfillment of this contract, the parties designate as competent within the sphere of their powers and as the case may be, the Federal Consumer Protection Agency and the Common Jurisdiction Courts of the Federal District, and the laws that govern in Mexico City, expressly waiving any other jurisdiction that may correspond to them due to their present or future domicile.
This Agreement does not create any partnership, agency, franchise, or employment relationship between G.Valkyria and the User, Transport Agencies and other companies using the G.Valkyria site. The User, Transport Agencies and other companies using the G.Valkyria site acknowledge and agree that G.Valkyria is not a party to any transaction, the capacity of the Users, Transport Agencies and other companies using the G.Valkyria site.
G.Valkyria reserves the right to take all legal action necessary to remedy any violation of these terms and conditions, including restricting access to this site to certain Internet users.
SECTION 24. ENTIRE AGREEMENT
These Terms and Conditions constitute the complete and exclusive agreement reached by the Website and the User with respect to the subject matter of these Terms and Conditions and, except for any respective terms and conditions applicable to any of the Services and/or Products made available to the User through the platform, supersedes all prior negotiations, communications, understandings and agreements, whether oral or written, with respect thereto.
The User and the Website agree that the titles of the Sections of these Terms and Conditions are established for reference only, and therefore shall not affect the interpretation or content of these.
SECTION 25. DECLARATIONS
The User declares that he/she has read, knows, agrees to and accepts to comply with the Terms and Conditions contained in these Terms and Conditions.
