TERMS AND CONDITIONS

Bärly (“Bärly”) is a business unit or division operated by Conspiración Moda, S.A. De C.V. (“CM”), a legally established and existing company in accordance with Mexican law. 

Below, Bärly makes available to all Users who access, browse, or use the Website (the “Users”) the Terms and Conditions (the “Terms and Conditions”) that govern this official Website visible at *** (the “Website”).

Bärly recommends that Users read the Terms and Conditions carefully, as access, browsing, or use of the Website constitutes their express acceptance of these Terms and Conditions. If Users do not agree with the Terms and Conditions, they will not be able to enter or use the Website and must refrain from accessing it, immediately suspending their use.

Bärly recommends that Users read the Terms and Conditions carefully, as access, browsing, or use of the Website constitutes their explicit acceptance of these Terms and Conditions. If Users do not agree with the Terms and Conditions, they will not be able to access or use the Website and must refrain from doing so, immediately suspending their use.

Bärly reserves the right to: (i) suspend, modify, alter, or update, at any time and without prior notice, whether for technical, security, control, maintenance reasons, energy supply failures, or any other cause, the information, content, or access to the Website; and (ii) suspend, modify, or update, at any time, the Terms and Conditions of the Website.

I. General Notes.

1. The Website's primary purpose is to provide Users and the general public with general information about the Products offered by Bärly (the “Products”), as well as notes of general interest and other similar information, so that Users can contract and purchase Products online through the Websit.
2. TAll Content, information, and material available on the Website (the “Content”) is owned by Bärly or CM and/or any of their holdings, subsidiaries, affiliates, or entities belonging to the same corporate group, or third parties whose rights have been granted or licensed to Bärly; therefore, the Website's Content is subject to intellectual property rights protected by applicable law. The total or partial use of the Website's Content for purposes or objectives different from those specified in these Terms and Conditions is strictly prohibited. Consequently, Users are prohibited from storing, reproducing, transmitting, copying, publishing, distributing, modifying, or altering such Content. The use of the Website by Users does not grant them any license or rights regarding the Content or any industrial property rights, nor does it authorize establishing any link or referencing the Website unless Bärly expressly authorizes it through a properly signed agreement by Bärly and/or CM.
3. Bärly authorizes Users to use the Website solely for personal and non-commercial purposes; accordingly, Users guarantee to Bärly that they will not use it for the purpose of committing any illegal acts or any acts prohibited by these Terms and Conditions.
4. Records stored in secure conditions by Bärly regarding the Website and its Content, and access to them by Users, are recognized and accepted by said Users as evidence of their conduct, communications, and relations with the Website and its Content. Records are considered stored securely if they are systematically recorded on an unalterable and durable medium.
5. These Terms and Conditions constitute the entire agreement between Bärly and Users governing access to and use of the Website, without prejudice to any other written agreement between Bärly and Users applicable to Products purchased through the Website.
6. These Terms and Conditions will be governed and interpreted in accordance with Mexican law, especially in accordance with the legislation applicable in the State of Jalisco.

Si surge alguna disputa o controversia entre Bärly y los Usuarios relacionada con el Sitio Web o con la interpretación, cumplimiento o ejecución de los Términos y Condiciones, dichas Bärly y los Usuarios podrán prevenir o resolver la disputa o controversia mediante Métodos Alternos para la Prevención y Solución de Conflictos (MASC) a través del método de Conciliación que prevé de la Ley de Justicia Alternativa del Estado de Jalisco, el cual será administrado y seguido ante un prestador de servicios independiente e imparcial debidamente certificado por el Instituto de Justicia Alternativa del Estado de Jalisco (IJA). En consecuencia, sino se utiliza la Conciliación y/o en el evento de que a raíz de ésta Bärly y los Usuarios no alcancen un acuerdo que prevenga o resuelva la disputa o controversia, quedarán a salvo sus derechos para hacer intentar las acciones judiciales correspondientes, para lo cual, las Partes se someten expresamente a la jurisdicción y competencia de los tribunales que resulten competentes en la Ciudad de Guadalajara, Jalisco, renunciando expresamente a cualquier otro fuero que pudiera corresponderles por razón de sus domicilios presentes o futuros o por cualquier otra causa.

II. Obligations

1. By accessing, browsing, or using the Website, Users automatically agree to: (i) Use the Website diligently and properly in accordance with these Terms and Conditions; (ii) Use the Website for personal and non-commercial purposes; (iii) Comply with applicable laws regarding the use of the Website; (iv) Not allow minors to access the Website; (v) Not misuse or improperly use the Website, including but not limited to, engaging in false, illegal, or actions that damage the image and reputation of Bärly or CM; (vi) Not store, reproduce, transmit, copy, publish, distribute, modify, or alter all or part of the Website Content; (vii) Not store, reproduce, transmit, copy, publish, distribute, reveal, disclose, modify, or alter any personal information of any User without their consent; (viii) Not disclose usernames and passwords of the Website, or alphanumeric keys identifying the purchased Products; (ix) Fully and exclusively assume responsibility for User credentials and access to the Website, including safeguarding and using them, being solely responsible for their theft, loss, or misplacement; (x) Provide truthful, complete, correct, and current information to Bärly regarding their situation related to the Products contracted through the Website; (xi) Be responsible for any damage or harm that Bärly or CM may suffer, directly or indirectly, as a result of Users’ non-compliance with any obligations derived from these Terms and Conditions or applicable laws; and (xii) Respond to and bear all costs of maintenance, repair, or correction resulting from losses or damages suffered by Users or by Bärly and/or CM due to the use of the Website, and be responsible for reimbursing Bärly or CM for any expenses incurred for these reasons, including reasonable legal fees.
2. From this moment, Users acknowledge, release, and expressly exempt Bärly and CM from any liability for damages that Users may suffer to their persons or property from the use of the Website, and they expressly waive any legal actions they could pursue against Bärly or CM arising from any controversy or dispute between Users and Bärly and/or CM regarding the Website, its Content, or the Products.

III. Disclaimers.

1. The Content, information, and materials displayed on the Website are provided solely for informational and commercial purposes and should not be interpreted as advice or guarantees regarding any matter, Product, or outcome.
2. The decision to use, browse, or consult the Website is entirely voluntary and at the sole discretion of Users. Therefore, Users accept that their access and/or use of the Website is at their own risk, and under no circumstances will Bärly be responsible for any loss, damage, or harm caused, directly or indirectly, by the use of the Website, its Content, or its Products, or by their inability to use it, including damages caused by downloading any audio files, data, images, materials, photographs, text, videos, or other content from the Website.
3. Bärly does not guarantee, in whole or in part, any future results for any matter or Product based on previously obtained results by Bärly, nor does it guarantee User satisfaction with the Products purchased through the Website.
4. Any information sent by Users via email or through the Website is not secure and is sent on a non-confidential basis. The transmission of the Website, in part or in whole, and/or communication with Bärly via email or through this Website does not establish or create a client relationship between Bärly and any recipient. Bärly also does not guarantee or assume any responsibility for the security of any information, including but not limited to credit card details and other personal information, provided by Users through the Website.
5. The Website may link Users to other sites or web pages of third parties that may contain information considered inappropriate or offensive by Users. These third-party sites or pages are not under the control of Bärly or CM, and their inclusion on the Website does not create any link or partnership between Bärly or CM and the owners of those sites. Consequently, Bärly does not endorse or take responsibility for any third-party content accessible through this Website and is not responsible for the legality, truthfulness, accuracy, decency, or any other aspect that could offend Users of those linked sites or pages.
6. Bärly does not guarantee or assume responsibility for damages suffered by Users when accessing the Website through any third-party connections, links, or sites. It also does not accept responsibility for damages arising from the presence of viruses, malware, or other harmful elements on the Website that could damage, harm, or alter Users’ equipment, operating systems, files, documents, or storage systems.
7. Although Bärly adopts measures and procedures from time to time to ensure Website security, Users acknowledge that Internet use, as well as access and use of the Website, inherently entails risks, including failures of computers, operating systems, and networks. Bärly is not responsible for damages resulting directly or indirectly from unauthorized third parties accessing Users’ personal information or for failing to prevent such access.
8. Although Bärly adopts measures and procedures from time to time to ensure Website security, Users acknowledge that Internet use, as well as access and use of the Website, inherently entails risks, including failures of computers, operating systems, and networks. Bärly is not responsible for damages resulting directly or indirectly from unauthorized third parties accessing Users’ personal information or for failing to prevent such access.
9. Bärly does not guarantee that the Website operates free of errors or viruses, nor that its servers are free of harmful content, devices, or programs. The Website, its Content, and Products are provided "as is, where-is" and "as available," without any warranties or conditions of any kind, whether express or implied. Bärly makes no claims regarding the suitability of the Content for any specific purpose or its fitness for a particular use, nor does it guarantee the accuracy, reliability, completeness, or timeliness of the Content, nor that it will be kept updated.
10. Bärly is not responsible for damages caused by the use of the Website or its Content, including data loss, information, or programs; damage to computers or networks; privacy breaches, intellectual property infringements, or any other damages.
11. Users are strictly prohibited from using the Website to send Bärly unsolicited projects, proposals, promotional campaigns, procedures, techniques, advertising phrases, ideas, designs, logos, photographs, diagrams, or any other data, regardless of the intended purpose, unless explicitly requested in writing by Bärly. If Users send unsolicited communications or proposals, they agree that Bärly may use this information for any purpose without liability or obligation to compensate Users.
12. Bärly reserves the right, at its sole and absolute discretion, to revoke, suspend, or cancel access to or use of the Website for any User deemed to be in breach of these Terms and Conditions. This right may be exercised at any time and without prior notice.

IV. Cookies Policy.

1. Cookies (the "Cookies") are text files that contain small amounts of information that can be downloaded to a device when a user visits a website.
2. Like most sites, Bärly uses Cookies on the Website that allow analyzing how the Site is used and monitoring its performance, so that Bärly can create the best experience for Users. The Website may also use Cookies to personalize language settings and provide social media features.
3. In addition to the Cookies used by the Website and Bärly's service providers, some cookies may be placed by third parties.
4. Users can block or disable Cookies on their device at any time by indicating so in the preferences or options menus of their browser. They can also delete Cookies stored on their device. However, blocking, disabling, or deleting Cookies may limit Users' ability to view all pages of the Website or use online services requiring registration.
5. By using the Website, Users expressly agree to the use of Cookies for the following Purposes (the "Purposes"):

• • Necessary. To browse and navigate the Website and use its functions, such as accessing and moving through areas of the Site.
  • Necessary. To browse and navigate the Website and use its functions, such as accessing and moving through areas of the Site.
  • Performance and analytics. Google Analytics is a free web analytics tool from Google that helps Bärly understand how visitors interact with the Website. Google Analytics collects information anonymously and reports on Website trends without identifying individual visitors. It uses its own set of Cookies to track visitor interactions. These Cookies store information such as the time of the current visit, whether the visitor has been on the site before, and which page referred the visitor to the Website. Google Analytics clients can view various reports on how visitors interact with their website to improve it and understand how people find it. A different set of Cookies is used for each website, and visitors are not tracked across multiple sites. Google Analytics clients are obliged to notify Users about their use of the analysis software. To deactivate these Cookies, some browsers will indicate when a Cookie is being sent and allow rejection on a case-by-case basis. In addition to rejecting Cookies, users can also install the Google Analytics opt-out browser add-on, which prevents Google Analytics from collecting information about visits to the Website.