Jorge Kurczyn de HSK, S.A. de C.V.
Avenida Pinos Privados s/n
Col. Los Nogales
TERMS AND CONDITIONS OF USE
Welcome to the www.jorgekfurniture.com website (the “Website”).
USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.
The use of the Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering the Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and when you make an online purchase on the Website, the relevant general terms of sale. If you do not accept all the Terms and Conditions of Use, please exit the Website immediately. JORGE KURCZYN reserves the right to modify the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such modifications implies full acceptance of the Terms and Conditions of Use in their amended version and full acceptance of their mandatory nature.
1. INTELLECTUAL PROPERTY RIGHTS
The Website as a whole and all material on the Website, as well the “JORGE KURCZYN” trademark, are owned and registered by Jorge Kurcyzn de HSK, S.A. de C.V., a company with registered office at Avenida Pinos Privados s/n, Col. Los Nogales, Patzcuaro, Michoacan, Mexico 61608.
The Website is operated by Jorge Kurcyzn de HSK, S.A. de C.V., a Mexican corporation having its principal place of business at Avenida Pinos Privados s/n, Col. Los Nogales, Patzcuaro, Michoacan, Mexico 61608, operating holding company of Jorge Kurczyn Furniture.
Jorge Kurczyn de HSK, S.A. de C.V. and Hacienda Santa Klara are collectively referred to as “Jorge Kurczyn Furniture”; Jorge Kurczyn de HSK, S.A. and its subsidiaries will be collectively referred to as “Jorge Kurczyn Furniture” hereinafter.
All trademarks and logos, whether registered or not, displayed on the Website, including but not limited to the “JORGE KURCZYN” trademark, as well as all the other distinctive marks connected with JORGE KURCZYN and reproduced on the Website, are and will remain the exclusive property of Jorge Kurczyn de HSK, S.A. de C.V.. These trademarks may not be used in connection with any product or service that does not originate with JORGE KURCZYN, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the “Jorge Kurczyn” name and trademark and the product bearing the “JORGE KURCZYN” trademark. You acknowledge and agree that the Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to JORGE KURCZYN and is subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
All materials contained in the Website, except for sections where purchasing is available, are displayed for informational or promotional purpose only. The Website may be accessed solely for your own personal use and not for business reasons. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any content contained therein. No right, title and/or interest deriving from or pertaining to the content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the content. All rights are reserved in all countries worldwide.
This Website and its content are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. No written information given by JORGE KURCZYN through the Website or in relation to its content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. JORGE KURCZYN expressly disclaims any representations and warranties.
In no event shall JORGE KURCZYN, or any other Jorge Kurczyn subsidiary, be liable (on whatever basis, both contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if JORGE KURCZYN has been advised of the possibility of such damages) arising out of:
- your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
- any transaction entered into through or from the Website,
- your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
- the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
- the use of any products or services obtained on or through the Website,
- unauthorized access to the Website and unauthorized alteration to transmissions or data,
- statements or conduct of any third party on the Website or (h) any other matter relating to the Website.
Material in the Website may contain inaccuracies or typographical errors. JORGE KURCZYN is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through the Website. It is your responsibility to evaluate the information and other content available through the Website.
However, JORGE KURCZYN reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that JORGE KURCZYN shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to JORGE KURCZYN through the Website or by other means (hereinafter "Submissions") are neither confidential nor proprietary to you. All submissions become JORGE KURCZYN’s property upon submission to JORGE KURCZYN. By making a Submission to JORGE KURCZYN, you assign to JORGE KURCZYN all rights, title and interests, including copyrights, in the Submission. JORGE KURCZYN has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that JORGE KURCZYN has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
Cookies are used in the Website to ensure its efficient functioning and to improve our service. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites; they are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites. JORGE KURCZYN uses temporary session cookies that are automatically deleted after each visit and permanent cookies that are stored on the user’s hard disk until they are deleted. Cookies are used to improve website navigation and collect information in an anonymous form about how users use the Website. This information allows us to make constant updates to improve the use of the Website by users.
Passwords, credit card data or other identifiable personal information are never saved in cookies. Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.
6. LINKS TO OTHER WEBSITES
The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. JORGE KURCZYN has no responsibility for those websites and provide these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use.
Furthermore, JORGE KURCZYN cannot control these websites and external sources. Hence, JORGE KURCZYN cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, JORGE KURCZYN cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.
Transmission of data over the Internet is never guaranteed to be completely secure. It is possible that third parties not under the control of JORGE KURCZYN may be able to access or intercept transmissions or private communications without JORGE KURCZYN’s permission or knowledge. JORGE KURCZYN takes all steps possible to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Such transmissions are done at your own risk and JORGE KURCZYN cannot be held liable for any breach of security which is not directly attributable to JORGE KURCZYN’s negligent behavior.
8. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
By accessing the Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.
You agree to indemnify and hold harmless JORGE KURCZYN from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.
9. GOVERNING LAW; JURISDICTION
You agree that entering in the Website you accept the Mexican law. These Terms and Conditions of Use shall be governed by and construed in accordance with the Mexican laws and any action arising out or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Mexico City, Mexico.
It remains understood that, with respect to the proper interpretation of these Terms and Conditions of Use, in case of any discrepancy between the English language original text and any other language translation, the English original text shall be deemed the binding version.
Last updated on November 21, 2015.