GENERAL TERMS AND CONDITIONS
INDEX
I. OBJECT
II. USER
III. VALIDITY OF THE CONTRACT
IV. ACCESS TO THE SITE AND LICENSE
V. YOUR ACCOUNT
VI. EXISTENCE OF PRODUCTS
VII. PRODUCT INFORMATION AND SUGGESTIONS
VIII. SHIPPING AND DELIVERY
IX.. OWNERSHIP, DELIVERY AND RISK OF LOSS
X. INTELLECTUAL PROPERTY
XI. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
XII. USER COMMENTS
XIII. COMMUNICATIONS
XIV. MODIFICATIONS AND DIVISIBILITY
XV. COOKIES
XVI. CONTROVERSIES
XVII. PRICES
XVIII. PAYMENT METHODS
XIX. GIFT CARDS OR DISCOUNT CODES
XX. CANCELLATION POLICIES
Welcome to www.nuupbeauty.com (the “Site”), which allows Noop Beauty Group, S.A. de C.V., (“Noop”), with its registered office at Av. de las Palmas 555, Lomas de Chapultepec, to sell beauty products, cosmetics, skin care, perfumes, lotions, oils, hygiene products and any type of accessory related to the above and to personal care (the “Products”) of the Noop brand, as well as other brands owned or distributed by Noop, to Internet users who visit the Site. By browsing the Site and making purchases on it, you declare that you are of legal age under the terms of article 646 of the Federal Civil Code, with full capacity to dispose of yourself and your property. Likewise, you agree that you have read and fully accepted these Terms and Conditions and understood the legal scope of the operation you are carrying out.
I. OBJECT.
The purpose of the Terms and Conditions is to regulate the access and use, by the user (the “User”), of the Site, understood as any type of content, product and/or service that is available to the general public within the domain: www.nuupbeauty.com.
The Owner reserves the right to modify at any time and without prior notice the presentation, content, functionality, products, services, promotions, benefits and configuration that may be contained on the Site.
In this regard, the User acknowledges and accepts that the Owner may, at any time, interrupt, deactivate or cancel any of the elements that make up the Site, as well as access to them.
Since the Site operates through the Internet and the Owner is not an Internet service provider, it will be the sole and exclusive responsibility of the User to carry out all prior actions that allow him to use the Site, such as contracting telecommunications services and connecting to public or private networks.
In addition, the User shall be responsible for the costs inherent to those contents, products and/or services offered on the Site that require them. The Site will specify the contents, products and/or services that, if contracted by the User, will generate a cost.
Access to part of the contents and services of the Site may be granted upon prior subscription or registration of the User.
The Site may only be contracted by persons who are of legal age (over 18 years of age). In the event that the App and/or the Website are used by a minor, it will be understood that the minor has the express authorization of the parent or guardian authorized to do so, and the Owner is exempt from all acts carried out by minors that may cause damage and/or harm to their parents, guardians and/or the holders of the payment methods used to acquire content, products and/or services on the Site.
Parents, guardians and/or holders of payment methods used by minors within the Site shall be liable to the Holder for the financial obligations acquired by said minor(s).
The Site is primarily aimed at all Users residing in the Republic of Mexico, therefore, the Owner does not guarantee that the Site functions totally or partially in other countries and/or complies totally or partially with their legislation, so that, if the User resides or has an established domicile in another country and decides to access or use the Site, he/she will do so under his/her own responsibility and must ensure that such access and navigation complies with the local legislation applicable to him/her, the Owner being released from any liability that may arise from the use of the Site that is carried out outside of Mexican territory, or from failures in the operation of the service due to geolocation issues, or any other issues completely inherent to the User.
The User must hold harmless the Owner from any procedure, dispute or litigation initiated abroad against the Owner and arising from the use of the Site by the User outside of Mexican territory.
The User will be responsible for the use or management of the account that he/she uses on the Site by third parties, and the User will be responsible before the Owner for any act carried out through the aforementioned account.
. II. USER.
Access to or use of the Website confers the status of User, and shall therefore be subject to these Terms and Conditions, as well as any subsequent modifications, without prejudice to their application, and shall therefore be deemed to be accepted from the moment the Website is accessed. Given the relevance of the above, the User must review and accept any updates made to the Terms and Conditions in order to use the Website. Use of the Website implies the User's consent to the Terms and Conditions, even when such use is carried out by third parties.
It is the User's responsibility to use the Site in accordance with the manner in which it was designed. In this regard, the use of any type of software that automates the interaction or downloading of the content or services provided through the Site is prohibited. Furthermore, the User undertakes to use the information, content or services offered through the Site in a lawful manner, without contravening the provisions of the Terms and Conditions, legal provisions, 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 Site.
Likewise, the User undertakes to provide lawful and truthful information in the forms enabled on the Site, in which the User must provide certain data or information to access any content, product or service offered by the Site 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.
Simply accessing the Site does not imply the establishment of any type of relationship between the Owner and the User.
Since this is a Site aimed exclusively at persons of legal age, the User declares to be of legal age and to have the necessary legal capacity to be bound by the Terms and Conditions.
The User authorizes the Owner to cancel his/her account, unilaterally and without the need to provide prior notification,
III. VALIDITY OF THE CONTRACT
Under the terms of article 1803 of the Federal Civil Code, 80 and 89 of the Commercial Code, it will be understood that you give your express consent to the conclusion of the sales contract when you so state through the use of electronic, optical or any other technology, being bound to the conclusion of the operation at the time of accepting the offer published on the Site.
Creating an account, making any purchase and/or entering your payment details will be understood as the granting of your consent for all legal purposes.
IV. ACCESS TO THE SITE AND LICENSE
Subject to your compliance with these applicable Terms and Conditions, Noop grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial purposes. This license does not include any right to resell or commercially use any of Noop's Products or services or their contents; any right to compile or use any Product listings, descriptions, or prices; to download or copy any account information for the benefit of another business; or to use any data mining, robots, or similar data gathering and extraction tools. You may not misuse the Noop Site. You are permitted to use the Site only in a lawful manner. Any breach by you of these Terms and Conditions will terminate the licenses granted by Noop.
Noop will do everything possible to ensure the accessibility of the Site, although it is not subject to any obligation or responsibility in this regard. Noop may interrupt access to the Site for maintenance and updating purposes, as well as for other reasons, especially of a technical nature; therefore, Noop will not be liable in any case for such interruptions or for the consequences that they may generate for the user.
Likewise, Noop will make the necessary efforts to provide quality content and services, although in no case will it guarantee the absence of errors, defects or design flaws that may make their use and/or installation impossible, and therefore will not be liable under any circumstances for the consequences, direct or indirect, and/or any damages caused by defects in the Site and/or its content.
V. YOUR ACCOUNT
You may be required to create your own Noop account, log in to it, and make payments so that they are associated with your account. In the event of a problem with your selected payment method, we may charge any other valid payment method associated with your account. When you use the Site, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer and other devices, and you agree to accept responsibility for any activities that occur under your account or using your password.
Noop markets the Products to all types of people. The sale is only for adults, who can purchase them with a credit card or other authorized payment method. If you are under 18 years of age, you can only use the Site with the participation and involvement of one of your parents or guardians. Failure to comply with the above grants Noop the right to reserve the decision to validate said sale without any liability and without the need to make any refund, bonus or return.
Noop reserves the right to terminate accounts, remove or edit content, cancel orders in the event of a violation of these Terms and Conditions or any policy, terms and conditions of Noop, third party rights or commission of a crime or any conduct that damages Noop's reputation or customer experience.
VI. EXISTENCE OF PRODUCTS
All information and details regarding the existence and availability of a Product are estimates only. When you place your order, we will send you a message confirming receipt of your order. If a Product is not available at the time of purchase, you will be informed of this situation as soon as possible. Such notification may be made when placing the order, either directly on the Site or by giving you the option to provide your email address so that you will be informed if the Product is available. If, for any reason, during the processing of your order, the Product ordered by you is no longer available, a refund will be made using the same payment method as your order. If you have made your payment in cash, you must provide us with a bank account to which the refund will be made.
Regardless of this, if the Product is not available on the Site, you may use the store locator to check the nearest Noop Products point of sale to purchase it directly there.
The Products offered by Noop on the Site are intended for your personal use. This is why, in the event that you place an order for multiple units of the same Product or multiple orders for the same Product, we reserve the right to reduce the number of Products ordered.
VII. PRODUCT INFORMATION AND SUGGESTIONS
All information about Products contained on the Site is provided for informational purposes only. Always read the Product labels, warnings, and directions for use before using the Products. Noop attempts to be as accurate as possible. If you believe that a Product offered on Noop does not conform to its description, your sole remedy is to return it, provided that it is returned unused and in accordance with the Cancellation Policy.
Noop will use the technical elements available to provide security and confidentiality to the information provided by you and will inform you prior to the transaction of the general characteristics of said elements. Likewise, Noop undertakes to avoid at all costs misleading commercial practices regarding the characteristics of the Products, always offering you innovative goods and services of maximum trust and quality.
Although Noop will make every effort to ensure that the colour of the Products shown in the photos on the Site is an exact representation of the original products, variations may occur, particularly due to the technical limitations of information technologies in colour reproduction. Noop shall therefore not be held liable for inaccuracies in the photographs or graphics showing the Products presented on the Site.
Any advice, recommendations and/or suggestions for the use of any of the Products provided by the Site are merely simulations based on the information provided by users, so any information related to such suggestions is made available to you for strictly indicative purposes and in no case will it replace a medical diagnosis, nor will it be substituted for medical treatment, therefore, it is understood that the use is your responsibility. Noop does not guarantee your total satisfaction with such suggestions for the use of such tools and we do not assume any responsibility for the use you may make of them.
Consequently, Noop is not responsible for any allergies, burns or adverse effects that the Products may cause. For any additional information or in case of doubt, we recommend that you consult your doctor.
VIII. SHIPPING AND DELIVERY
The delivery of the Products purchased on the Site will be made only in the territory of the United Mexican States. The average delivery time of an order by Noop to the courier company will be 5 (five) to 12 (twelve) business days counted from the day after the purchase was made, at which time the days of delivery by said courier company will begin to run, at the responsibility of the latter.
During peak season and brand launches, the delivery time of an order from Noop to the courier company may be extended up to 5 (five) business days, due to high volume.
When filling out your shipping information, it is important to check that the address is complete and correct. Once the guide is generated, we will not be able to make changes to your address since the shipment is being processed.
The Products will be delivered to the address indicated by you and will be delivered to the person who signs as responsible, for which the policies of the courier company will apply, with Noop not assuming any type of responsibility in this regard.
Consequently, Noop declines all liability in the event of excessive delivery times caused by the transport services or loss of the ordered products. However, Noop will make its best efforts to support you in solving any problem that may arise against the courier company, provided that the problem is reported to Noop within the first 15 days after the problem has occurred.
To check the status of your order, you can do so directly with your tracking number on the courier company's website.
IX. OWNERSHIP AND RISK OF LOSS
All Products ordered on the Site remain the property of Noop until payment is made. Noop shall have no obligation to deliver the Products ordered in the event of a payment incident, or in the event of partial or incomplete payment.
All Products purchased on the Site are made pursuant to a contract of shipment. Title and risk of loss for the Products will pass to you upon our delivery of the Products to the appropriate carrier. Upon delivery, the risks of any kind, including theft, will pass to you.
Noop does not assume ownership of the returned Product until it is received at the return address, provided that the Cancellation Policy is complied with.
X. INTELLECTUAL PROPERTY
The development of the Site and Noop's intellectual property involved significant investments, therefore all content and elements included in or made available through the Site, such as all trademarks, trade names, commercial notices, logos, text, graphics, images, videos, audio clips, digital downloads, and data compilations are the property of Noop and are protected by applicable intellectual property laws. Likewise, all intellectual property content printed on the Products, packaging, parcels or any merchandise obtained through the Site is the exclusive property of Noop, and is protected by applicable intellectual property laws. The use, reproduction or representation of the Site (in whole or in part), in any medium or for any other purpose is not authorized. Noop reserves any legal action for any misuse of said intellectual property.
Noop's intellectual property, including without limitation trademarks and trade dress, may not be used in connection with any Product or Service that is not Noop's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Noop.
By posting any content through the Site, you grant us a royalty-free, irrevocable, non-exclusive, indefinite license to reproduce, display, use, copy, modify, adapt, edit, distribute (in whole or in part), translate, create derivative works, and incorporate into other works. Such use is authorized for internal or external purposes, corporate or financial communications, advertising, and for Noop's public relations, historical or archival purposes.
XI. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Noop Products and all information, content, materials, Products (including software) and other services included on or otherwise made available to you through the Site are provided on an "as is" and "as available" basis, unless otherwise specified in writing. Noop makes no representations or warranties of any kind, express or implied, relating to the Noop Products, or the information, content, materials, Products (including software) or other services included on or otherwise made available to you through the Site, unless otherwise specified in writing. You expressly agree that your use of the Noop Products and the Site is at your sole risk.
To the maximum extent permitted under applicable law, Noop disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Noop does not warrant that its Products, information, content, materials, Products (including software) or other Products or services included on or otherwise made available to you through the Site or electronic communications sent by Noop are free of viruses or other harmful components. Noop will not be liable for any damages of any kind resulting from the use of the Site, or from any information, content, materials, Products (including software) or other services included on or otherwise made available to you through the Site, including without limitation direct, indirect, punitive, or consequential damages, unless otherwise specified in writing.
Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The disclaimers, exclusions, and limitations apply to the maximum extent permitted under applicable law.
XII. USER COMMENTS
Users may submit their opinions, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions or other information to the email addresses or websites indicated on the Site, provided that the content thereof is not illegal, obscene, abusive, constitutes a threat or defamation, or invades the privacy of third parties, infringes intellectual property rights or is otherwise offensive to third parties or objectionable, and does not consist of or contain computer viruses, political propaganda or advertising content, chain letters, mass mailings or constitute any other type of "spam."
You may not use false email addresses, impersonate another person or entity, or otherwise misrepresent the origin of any content.
XIII. COMMUNICATIONS
You agree to receive communications from us electronically in a variety of ways, including through the following types of data messages: email, text messages, push notifications from our app, or through notices and messages posted on the Site, such as our Customer Service center. You agree that all agreements, notices, messages, and other communications and communications that we provide to you electronically satisfy any legal requirement that they be in writing and are of full legal force and effect.
To contact us at any of the addresses, we provide those indicated on our CONTACT PAGE within the Site.
XIV. MODIFICATIONS AND DIVISIBILITY
We may modify the content and information included on the Site, as well as these Terms and Conditions, in particular for the purposes of compliance with any new applicable legislation and/or regulation and/or to improve said site.
Any amendment will be notified to you through the Site prior to becoming effective under these Terms and Conditions. Unless the amendment requires your express approval, however, your continued use of the Site will be deemed your acceptance of the new Terms and Conditions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable from and shall not affect the validity and enforceability of any remaining condition.
XV. COOKIES
Cookies are small files that remain on your device while you browse the Site and that can be read whenever you access the same website (hereinafter “Cookies”).
You may prevent the recording of Cookies by configuring your browser accordingly. However, to benefit from all the features of the Site, it is recommended that you configure your browser to accept the cookies of this site, which have been designed for the exclusive use of Noop.
Noop may modify its cookie policy based on new legislative or regulatory requirements or in order to adapt said policy to the instructions issued by the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI).
XVI. CONTROVERSIES
Any dispute or claim relating to the use of the Site, the Products or services sold or distributed by Noop or these Terms and Conditions shall be submitted to and resolved at your discretion, either through the administrative jurisdiction of the Federal Consumer Protection Agency ("PROFECO") or through mandatory arbitration conducted by the Mediation and Arbitration Commission of the National Chamber of Commerce ("CANACO"), for which reason you and we waive any other jurisdiction that may apply due to domicile or for any other reason. You and we agree that both you and we may file a lawsuit before the competent courts in order to prevent violations or misuse of intellectual property rights.
There is no judge or jury in arbitration, and a court's review of an arbitration award is limited. However, an arbitrator can award individual damages and other benefits on the same terms as a court, and must follow the terms and conditions.
You may choose to have the arbitration conducted exclusively by telephone or to be based solely on the submission of written arguments and evidence; however, in all cases, the seat of the arbitration will be the City of Monterrey, Nuevo Leon. The arbitration will be conducted in Spanish by a single arbitrator and the applicable laws will be those of Mexico. We agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.
Payment Policies
Prices
Payment Methods
Gift Cards or Discount Codes
XVII. PRICES
Unless otherwise indicated, all prices displayed through the Site are indicated in Mexican pesos and include the value-added tax applicable on the date of the order.
In all cases, the cost of delivery will be applicable, unless expressly notified to you by Noop. The price of each Product offered on the Site does not include the cost of delivery, which will be invoiced separately and will be communicated and itemized to you before the order is confirmed and when it is definitively validated.
For every order, a receipt will be issued with the details of the Product, its price, taxes and related expenses. If you need an invoice, you can request it within one month of your purchase, through the email indicated in the CONTACT section, so that any request made by a different means will be considered as not submitted. Once said invoice is issued, it will be considered final and cannot be cancelled, edited or reissued, so we ask you to make sure that the Federal Taxpayers Registry (RFC) key, and other requested tax data, that you enter are correct.
Both the price of the Product and the shipping price may be modified by Noop at any time, without prior notice, and Noop is obliged to respect the prices published on the Site at the time of purchase, provided that the price has been fully covered by you.
If specific terms and conditions apply to your transaction, such as special costs or additional charges, Noop will inform you of these prior to the transaction.
XVIII. PAYMENT METHOD
To make your purchase, you must add the Product(s) to the Shopping Cart and pay through it on the Site, and you may make your payment in cash, by card or electronic transfer via SPEI, through the different digital payment platforms (Pay Pal, Kueski Pay) that may be indicated through the Site ("Payments and Shipping"). To do so, you acknowledge that you must abide by the terms and conditions of said Payment Platforms, as well as provide the information they need to process the payment, including, without limitation, card number, expiration date, name of the cardholder and security code. Noop is not obligated nor will it be responsible for any conflict that may arise from the transaction between you and the Payment Platforms, however, it undertakes to make its best efforts to support you in resolving them.
Payment must be made immediately to ensure that the order is available. In the case of cash payments, you have 48 hours to make your payment to the chosen establishment. Payments made during the weekend or non-working day in accordance with the Federal Labor and Social Security Law and the Political Constitution of the United Mexican States, will be credited the following business day.
You expressly agree that we will automatically and immediately charge you for your order at the time of purchase.
If any excess charge has been made to your card, you must notify noopbeauty@gmail.com in writing, specifying the excess amount charged, the Product for which it was charged, the respective receipt and card details, so that the refund can be made by Noop.
XIX. GIFT CARDS OR DISCOUNT CODES
Gift card balances, Noop Points, Noop Rewards and Noop discount codes may only be used to make purchases on the Site to purchase any of the Products listed as eligible and available on the Site. Available Products and services are subject to change at our sole discretion.
Gift card balances, Noop Points, Noop Rewards, and Noop discount codes, as applicable, will be deducted from the price of the Eligible Product. If such balance, points, reward, or discount is not sufficient to cover the price of a purchase, you will be required to cover the excess balance with another payment method.
Gift cards, including any unused balance contained thereon, Noop Points, rewards, and discount codes expire within one year from the date of issue. Ownership of the gift card and the risk of loss of the gift card passes to you when Noop physically (by direct delivery or to the carrier, as applicable) or electronically transmits the gift card. We assume no responsibility for gift cards that are lost, stolen, destroyed, or used without your permission.
By using gift cards, Noop points, rewards and/or discount codes you agree to these Terms and Conditions and agree not to use them in any way that could be misleading, abusive or otherwise harmful to Noop.
XX. CANCELLATION POLICIES
This policy shall apply to Noop Beauty Group, S.A. de C.V., (“Nuup”) and you exclusively for products offered and purchased on the website (the “Products”) WWW.NUUPBEAUTY.COM (the “Site”) and are subject to Noop’s Terms and Conditions. By using this Site, you expressly agree to all of these.
XX.I. Cancellation by the client.
If you wish to cancel an order after paying for it, please contact us as soon as possible at Noopbeauty@gmail.com We will do our best to fulfill your request in the best way. If you wish to cancel an order that already has a shipping guide (DHL or Fedex or any other courier), you must wait to receive your order to be able to request the cancellation. For such purposes, you have a maximum period of 5 (five) days from the receipt of the Product to be able to cancel your purchase.
Cancellation will be applicable, provided that you return the Product, in compliance with the following:
Be sent within the time period indicated above.
The Product must be in its original, closed and sealed packaging, with no signs of use, without damage to the original packaging, along with the printed Purchase Order and any accessories it contains.
Any sample that was sent with the Product must also be returned, and must meet the same characteristics indicated in the immediately preceding point for the Product.
The bonus will be issued once we have confirmation of receipt of the return physically in our warehouse, after checking the integrity of the product and returning it in the original packaging. Shipping costs for returns due to purchase regret without confirmation of damage or defects will be your responsibility.
In the event that the returned product meets the above requirements, you will obtain credit to redeem on the Site as a bonus, equivalent to the purchase price so that they can be used on the Site.
However, the order cannot be cancelled in the case of products purchased at a discount when the discount is for a temporary period such as Special Promotions, Hot Sale, Buen Fin, or holidays.
XX.II. Incidents in the order received
Upon receipt of the Products, you must check that they comply with the order placed. Any damage or defect in the Product or delivery, including without limitation errors in the Products, fractures, expiration, missing parts, package with broken seals or, in general, any type of damage or defect must be reported by you immediately within 48 hours of receipt, to noopbeauty@gmail.com, detailing the error or defect in the Products delivered, accompanied by sufficient evidence to support this, including clear photographs.
Once you have contacted Noop's Customer Service department, you must send the damaged or defective product to the address provided by said department, and must comply with the following:
The Product will be sent within a maximum period of 15 calendar days from the date you receive it.
The Product must be in its original packaging, with no signs of use, along with the printed order and any accessories it may have.
Any sample that was sent with the Product must also be returned, and must meet the same characteristics indicated in the immediately preceding point for the Product.
The process of incidents in the received order (errors, damages, defects) of the Product will be initiated only after receipt of this and verification of the aforementioned conditions. All products received will be subject to an evaluation, in order to find out if it actually has the claimed damages or defects. Once the Product evaluation has been completed, Noop will notify the resolution obtained.
In the event that the nature of the Product's non-conformity is confirmed, Noop will inform the customer of the options it will be entitled to choose from, which may consist of a bonus with credits to be redeemed on the Site or the reshipment of the Product if it is in stock, in which case the shipping costs will be borne by the customer. In any of the above options.
However, if the nature of the non-conformity is not confirmed, the Product will be made available to you at one of Noop's physical branches so that you can collect it.
XX.III. Cancellation by Noop.
Noop reserves the right to cancel orders or parts of an order in the following cases:
- Item(s) not available.
- Difficulty processing payment information.
- It is not possible to ship to the address provided.
- A duplicate order was sent.
- Problems related to the requested product.
- Suspicion of fraudulent intent
- When deemed appropriate.
If your order is cancelled, you will receive a notification through the Site or by email to explain the reason for the cancellation and a refund will be made using the same payment method used for the purchase. We remind you that this procedure is the responsibility of the Payment Platform and the bank that issued the credit card used, and it is not possible to advance the investment. In the case of purchases made in cash through Oxxo, 7-Eleven stores or bank deposits, you must provide us with a bank account to make the refund. If you are interested in making a new order or have questions about a cancelled order, please contact our Customer Service.
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