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Terms of service

The present Terms and Conditions (henceforth “Terms and Conditions”) determine the browsing and use regulations of the Platform “Kipit” (henceforth “the Platform”) property of GIRLHAPPEN.COM S.A.P.I de C.V., (henceforth “Girl Happen”). 

When using Kipit’s Platform, the Client accepts these Terms and Conditions so we recommend reading them in detail.


DEFINITIONS

For the present Terms and Conditions, the following linguistic terms will have the meaning that is hereunder attributed, considering that said meaning will be equally applicable in singular and plural of the definitions.

  • Client: The Physical person that buys a Product to Kipit’s Platform.
  • Cookies: Information sent through a Platform and that is housed in a user’s Platform and that allow Platform managers to keep a registry of the user’s previous activity, as well as their preferences.
  • Purchase: Requests a client makes through Kipit’s Platform.
  • Platform: Website and/or app for mobile devices that are property of “Girl Happen or Kipit”, a digital business that sells products manufactured by the brand Kipit, and where Clients can purchase these Products. 

 

RIGHT OF USE AND RESTRICTIONS

Committed to Client compliance to these applicable Terms and Conditions, and to the payment of the applicable cost, in its case, Girl Happen or Kipit concede a limited and non-exclusive, non-transferable and non-sub licensable license of access and use to the Girl Happen and Kipit Services for personal and non-commercial purposes. Said license does not include any resale right or commercial use of any kind of the Girl Happen and Kipit Products or its contents; any right to compile or use any list of products, descriptions or prices; any right to make any derived use of the Girl Happen and Kipit Services and Products or its contents; to download or copy Account information for the benefit of another company; or use tools or search engines and extract data or anything similar for Girl Happen and Kipit and/or its related partners or associates.  Girl Happen and Kipit reserve any right that is not expressively mentioned in these Terms and Conditions. Any reproduction, duplication, copy, sale, resale or exploitation of any type of Service of Product belonging to Girl Happen and Kipit or of any part of it is not allowed for commercial purposes, in any cases, without express consent in written. It is also not allowed to place or use placing techniques to introduce any commercial brand, logo or any other information protected by author rights (including images, text, Platform designs or formats) belonging to Girl Happen and Kipit without the corresponding consent in written. The incorrect use of the Services offered by Girl Happen and Kipit is not allowed. It is only allowed to use the Products and Services of Girl Happen and Kipit in a legal way. Any violation from the Client or user of these Terms and Conditions will entail the termination of the licenses granted by Girl Happen.

 

MEANS OF COMMUNICATION

The Client agrees that whenever they use the Platform, he/she will contact Girl Happen and Kipit by e-mail, IM, phone and other means of communication from any device, and accepts to receive electronic communications from Girl Happen and Kipit, by any of the aforementioned means of communication or other means that may serve this purpose. The Client agrees that any of these communications satisfies the legal requisites in written and has full legal effects and validity. Even when communications are made by phone call regarding any doubt or clarification, there must be proof of said communications by e-mail.

 

THE CLIENT

When the Client makes a purchase they must have a valid payment method associated to their Account in order to use the Services and/or buy Products sold in the Platform. In case of a problem with the selected payment method, the payment can be made using another valid payment method associated to their Account. Also, the Client may make purchase without needing to create an Account within the Platform, but they must always be of a legal age. The Client is fully and solely responsible for maintaining the confidentiality of the private information belonging to their Account and their password, as well as restricting access to their computer and other devices, and they assume the responsibility of any activity made through their Account or using their password. In addition and with the purpose of maintaining safety within the Platform and preventing any misusage, Girl Happen and Kipit may request additional information to verify the identity of their Clients, but they are not forced to verify each profile.

Girl Happen reserves the right to cancel Accounts, remove or edit content, cancel orders in case of violation of the present Terms and Conditions, third party rights or the commission of a crime or any conduct that harms the reputation of Girl Happen, Kipit or the experience.

 

PRODUCT AND SERVICE PAYMENTS

The Client may purchase Products and Services using any of the payment methods enunciated henceforth: Card (debit or credit) and PayPal. Once the purchase is made, the Client will receive a purchase confirmation by e-mail. After receiving the confirmation the shipment logistics will proceed. Girl Happen and Kipit will never require any payment to be made outside the Platform. If the Client wishes to make a deposit outside the website, the service will be cancelled and Girl Happen will not be held responsible.

 

SHIPMENTS AND DELIVERIES

Products will be sent to the address the Client registers in the Platform. In case the Client has made a mistake in the address, it will not be corrected in the Platform, but they can communicate with Girl Happen to get support to change the address, in case the product has not yet been collected or sent. If the Client can’t receive the product, it will be returned to the place of origin and this will be notified by e-mail.For shipments within Mexico, the United States and the rest of the world, the order cannot be kept if the specified address is not found. There will be two more attempts on the same day or the following in order to deliver the Order. If the delivery fails, the order will be taken to the place of origin because we don’t hold Orders, although payment for a new shipment can be made. Girl Happen and Kipit will contact the Client in order to send them a payment number that the Client must pay. In case the new shipment is not accepted, the purchase will be cancelled. 

Failed deliveries are deemed as such in the following cases: after three unsuccessful attempts to deliver the product, if someone didn’t accept the product, if someone denied knowing the sender, if the address is incorrect, in case the delivery is made at a location that forbids access to delivery people. In case the product that was purchase is not delivered to the established address, please send an e-mail to ventas@girlhappen.com to solve the incident and get a refund. In case the product was not delivered in the expected conditions, send an e-mail to ventas@girlhappen.com If the product does not cover the expected characteristics, please send an e-mail to ventas@girlhappen.com

Delivery dates are an estimate. At the time of delivery, the person who receives the package may be asked to identify themselves. An official ID, Passport or INE may be requested.

Products may be delivered to people who live in the same household, and in case of apartment buildings, they may be left at the reception desk.

 

CANCELLATIONS, CHANGES, RETURNS AND REIMBURSMENTS OF PRODUCTS

If your Order is delivered in bad conditions, send an e-mail to  ventas@girlhappen.com in order to assess the damage and the reasons for it.

It’s possible to cancel a purchase as long as the package is not in transit. In order for a cancellation to be made, it must be made no longer than two hours after the purchase considering that we send the orders on the same day. Please write en e-mail to Girl Happen and Kipit at ventas@girlhappen.com if you want to cancel a purchase and await confirmation for the cancellation to be valid.

If you want to change a product, you must return it in perfect conditions and purchase the correct product from anew. The product must be sent to our offices and the Client will pay for the cost of shipment.

If you want to return a product, contact us in order to get an approval for the return. You’ll have 48 hours to e-mail ventas@girlhappen.com and express your desire to return the product. We will ask for photos in order to prove that the product is in the same conditions as it was when it was shipped, that it has the labels, that it hasn’t been used or altered, that it’s not broken or stained and depending on the case we may require for more evidence. Once the return is authorized we’ll send you an e-mail to confirm it and we will ask for the product to be sent within the following 12 natural days after receiving the e-mail from Girl Happen to our main offices in Mexico City (the shipment cost will be covered by the Client). After receiving the product, Girl Happen and Kipit will have up to 72 hours to review the product in detail and proceed to accept or reject the return. In both cases, the decision will be notified. If the return is rejected, reimbursement will not proceed. If the return is accepted, Girl Happen and Kipit will make the corresponding reimbursement within the following 12 natural days after receiving the product.

If the product does not cover the requisites for return (it’s used, doesn’t have labels, is not in the condition in which it was sold or is somehow modified) you may choose to pay for a new shipment in order to keep it or you may donate it. In case you don’t wish to keep it, it may be destroyed.

In case of return of Products that were purchased in monthly payments, please contact ventas@girlhappen.com where we’ll ask for evidence about the state of the product, and we will make sure it’s in perfect condition. Once you receive a confirmation of return you must send it to our offices in Mexico City. The Client is in charge of paying for the shipment cost. You will only get the corresponding reimbursement once the payment is made in full and up to 15 days after receiving the last payment.

Girl Happen and Kipit are not a Financial Institution so they are not responsible for any bank or financial operation. Any reimbursement that may be made will be made to the same source that originated the transaction.

 

RISKS AND LOSS OF PRODUCTS

All Product Shipments of purchases made through the Platform are made through a Shipment Contract. The ownership and risk of loss of Products will be transferred to the logistics company as soon as we render the products to them. The Client is fully aware that there may be incidents. In case of an incident the reason and the solution to the problem may be checked with the logistics company. 

 

CHARGEBACKS

If a charge is not acknowledged, the Client must consider these common solutions:

  • The Purchase was made by a family member or friend who has access to your credit card number.

  • There are additional credit cards linked to your debit or credit Account.

  • You had previously Ordered products during a presale.

  • You Cancelled an Order. Some banks show authorizations such as charges or pending charges.

If the charge is not explained in any of the reasons mentioned above, the Client can contact Girl Happen and Kipit by e-mail ventas@girlhappen.com

 

INTELLECTUAL PROPERTY

Any content logged or offered in our Platform, including text, graphics, logos, icons, images, audio clips, digital downloads and data compilations are property of Girl Happen and Kipit and are protected by the International Laws of Intellectual Property of the United States of Mexico.

Graphics, logos, headers, icons, scripts and names are brands or represent the commercial image of Girl Happen and Kipit in the United States of Mexico and other countries, so registered brands or the commercial image of Girl Happen and Kipit may not be used in any way that may cause confusion among users or that may harm or discredit Girl Happen and Kipit. The rest of the registered brands that are not property of Girl Happen belong to their owners, who may or may not be affiliated or related in any way with Girl Happen.

The Client is expressively forbidden to modify, alter or suppress, in a total or partial way, any announcement, brand, commercial name, signal, promo, logo or in general any indication that refers to the property of the information contained in the Platform.

The Client is forced not to modify, reproduce, copy, redesign, decompile, adapt, translate, dispose of or disassemble any part of the Platform or use it to develop any software or other materials based on them. Also, the Client is forbidden to use any method to access, with the purpose of gathering information from the Platform, EAI or any program that is property of Girl Happen and Kipit.

 

RELEASE OF GUARANTEES AND LIABILITY LIMITATION

Girl Happen and Kipit services as well as all the information, content, materials, products (including software) and other services included in or otherwise available or the Client through Girl Happen and Kipit are provided “as they are” and “pending availability”. Girl Happen and Kipit don’t manifest or guarantee in any way, explicit or implicitly and the Client agrees that the use they make of the services provided by Girl Happen and Kipit is under their own risk. 

Provided the maximum limit allowed by the applicable Law, Girl Happen and Kipit renounce to all guarantees, express or implicit, including without limitation implicit guarantees of merchantability and suitability for a specific purpose, including but not limited to direct, indirect, punitive or surging damages, unless otherwise expressed in written.

 

DISPUTES BETWEEN CUSTOMERS AND PLATFORM

In case there is a dispute between Client and Platform and that said dispute does not result in a friendly negotiation, within the time prescribed in the corresponding transnational Terms, the parts agree to render said dispute to Girl Happen for its determination if they are not satisfied with the solution Girl Happen offers, and unless the applicable Law establishes the contrary. If the Client or the Platform does not notify Girl Happen their request in a period of 15 to 20 natural days after, it will be considered that both accept Girl Happen’s decision, which will be definite and mandatory. Girl happen may use the funds that were held according to said determination. Also, it will be considered that both the Client and Girl Happen and Kipit renounce to any claim against Girl Happen and Kipit.


INVOICING

If a Client requests an invoice for the product they bought, it may be requested by writing to ventas@girlhappen.com Invoices will not be produced outside the month of purchase. An invoice may be requested until the last working day of each month at noon. There are no exceptions.

 

MODIFICATIONS

Girl Happen reserves the right to modify the Terms and Conditions at any moment, and these modifications will become effective immediately through their publication in the modified Terms and Conditions of the Platform or by e-mail.

 

COOPERATION WITH AUTHORITIES

Girl Happen and Kipit reserve the right to cooperate with government authorities in the investigation of any civil or criminal irregularity. Also, the Client agrees not to make any claim against the Platform for said communication.

 

BRAND USAGE

The Client or user acknowledges that none of the Terms and Conditions contained in the Annexes will be considered as a transmission of property or granting of any right or usage license, in an express or implicit way, regarding the brands, color reserves, commercial adds, commercial names, logos or any other elements that constitute the industrial property of Girl Happen and/or its associates or related parts.

In virtue of the above, the Client or user agrees to refrain from using the above-mentioned elements without express consent of their owner, even if the use is limited to mere references or exhibits of a commercial basis. The party that violates the regulation established in this clause will be responsible for paying for the corresponding compensation for the damage and prejudice it may cause, both to the owner of rights and to third parties that could be harmed, without perjury of the criminal or civil actions that may emerge.

  

PROCESSING OF INFORMATION AND MANIFESTATIONS OF DISCONTENT

The information provided by the Client will be solely used for the purposes established by the Privacy Policy. If the Platform wishes to access, change, chancel or oppose to the use of data, it may do so provided there is a request made through Client Service. 

Girl Happen reserves the right to collect activities, transactions and interactions among Platform users, analyze shopping behaviors, and gather all the communication held among users or any of the parties. 

With the purpose of providing customized content, Girl Happen and Kipit may collect information gained through any physical or electronic means of communication used to interact with users or any of the Parties.

In case of inconformity, the Client may inform Girl Happen and Kipit through Girl Happen support, offered through the Platform. Once the inconformity is registered, Girl Happen will share said information with the corresponding area for follow up.

 

CONTACT AND ATTENTION TO COMPLAINTS

In case of a complaint related with the Platform, this may be expressed by e-mail at ventas@girlhappen.com, or by phone +52 55 3684 1230 from 9:00 to 18:00hrs.

 

APPLICABLE LAW AND JURISDICTION

The present Terms and Conditions will abide by and be interpreted according to the United States of Mexico Laws. The Client and Vendors agree to abide by the jurisdiction and competency of the corresponding Tribunals in Mexico City, waving any other jurisdiction that may correspond given their current domicile.   

I agree to the above and waive any legal or procedural right under labor law that I could exercise against Girl Happen and their partners or representatives.

 

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