I. GENERAL TERMS AND CONDITIONS OF CONTRACT

1) Purpose and scope of application

The purpose of these General Terms and Conditions of Contract is to regulate the relationship between KALCKER INSTITUTE S DE RL DE CV (hereinafter, the “COMPANY”) and you (hereinafter, the “Customer”) in connection with all transactions carried out through the website www.voedia.com (hereinafter, the “Website”), a domain owned by the COMPANY, a legally incorporated company with registered office at Calle 43 No. 541-o, between Calle 66 and 72, Col. Centro, Mérida, Yucatán, Mexico, ZIP Code 97000, with Tax ID (RFC) KIN220114QI4.

For any inquiries, you may contact us at info@voedia.com.

 

2) Acceptance and proof of the contract

The purchase of products and/or services shall be made by clicking the PAY or BUY buttons displayed at the end of the purchase requests and constitutes full acceptance of each and every one of the Contractual Terms as displayed on the COMPANY’s Website prior to the purchase of the products and/or contracting of the services, without being subject to any new clauses that may subsequently be added to the Contractual Terms.

From the moment of acceptance, the user acquires the status of Customer of the COMPANY as described in these General Terms and Conditions of Contract. Any product or service subsequently offered by the COMPANY shall be subject to a new contract.

If the Customer wishes to read the Contractual Terms in greater detail, the Customer may print the document or save it electronically.

Once the Customer has expressly accepted these Contractual  Terms, the COMPANY shall send the Customer, within 24 hours of the purchase, confirmation of the contract entered into, including all of its terms, by email.

The COMPANY hereby informs the Customer that, for legal purposes, it archives the electronic documents in which purchases are formalized, and the Customer may access such documents at any time by requesting them from our Customer Service Department.

 

3) Prices, payment methods, delivery and right of withdrawal

3.1 Prices

The prices applicable to each product and/or service are those indicated on the Website on the date the order is placed, excluding VAT (Value Added Tax).

The price including VAT will be displayed in the shopping cart once the shipping country/region has been entered and may vary depending on this information. Furthermore, the transaction may be 1 exempt from or subject to VAT depending on the buyer’s country of residence and status (business/professional or private individual).

For shipments to countries outside Mexico, the COMPANY shall not be responsible for the payment of taxes and customs duties applicable in each country.

Offers shall be duly marked and identified as such, clearly indicating the previous price and the offer price.

The COMPANY reserves the right to make, at any time and without prior notice, any modifications it deems appropriate to the Website and may update products and services according to market conditions.

Shipping costs and the corresponding VAT are always indicated in the order.

 

3.2 Payment Methods

Depending on the products to be purchased, purchases may be paid for using the following payment methods:

• Card (Visa, MasterCard or American Express): available for all countries and all types of customers.
• Bank transfer: available for all countries, but only for distributors. We will send you an email or SMS indicating the transfer amount and the information required to complete it.

 

3.3 Delivery

Orders are shipped to the delivery address provided by the Customer, within an approximate period of 2 to 3 business days for deliveries in urban areas, with an additional 1 to 3 business days for destinations classified as extended areas.

If an item is out of stock, the COMPANY shall duly inform the Customer as soon as possible.

The Customer will receive an email from the shipping company containing the tracking number for the shipment.

 

3.4 Right of Withdrawal

The Customer shall have a period of 14 calendar days from receipt of the book(s) to communicate their intention to return them solely in the following cases:

• The book(s) arrived defective or damaged.
• A book different from the one ordered was shipped.

The COMPANY guarantees the Customer the possibility of cancelling an order at any time and at no cost, provided that the cancellation is communicated before the order has been made available to the carrier for shipment. Otherwise, the Customer must wait until the order has been received before exercising the right of withdrawal.

The right of revocation shall be exercised in accordance with the provisions of Articles 51 to 56 of the Mexican Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) and all other applicable provisions.

• In the case of the provision of services, the provisions of Article 56 of the Mexican Federal Consumer Protection Law shall apply. In the case of services, the right of revocation provided for in said article shall not apply when the date on which the service is to be provided is ten business days or less from the date of the purchase order
• In the case of digital content, such as ebooks, audiobooks, courses, downloadable files or other content supplied electronically, the Customer acknowledges that once access has been provided, the download has begun, or the supply of the content has commenced, the digital service or product shall be deemed to have commenced or to have been delivered, as applicable, without prejudice to any non-waivable rights to which the Customer may be entitled under the Mexican Federal Consumer Protection Law.
• In the case of non-downloadable multimedia digital content, which the Customer accesses through the COMPANY’s Website or platform, the supply shall be deemed to have commenced from the moment access to the content is enabled and used, without prejudice to the rights available to the Customer under applicable law.

To exercise the right of withdrawal, you must notify us of your decision to withdraw by sending an email to info@voedia.com.

In the event of withdrawal, we will reimburse all payments received from you, including delivery costs, without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.

We will issue such reimbursement using the same payment method used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

In any event, if the Customer has expressly selected a delivery method other than the least expensive standard delivery method, the COMPANY shall not reimburse any additional costs incurred as a result.

The returned order must be delivered together with the delivery receipt and, where applicable, the invoice issued by the COMPANY, with the Customer bearing the return shipping costs.

The Customer may return any item purchased from the COMPANY provided that the products retain their seal and include all manuals, accessories or promotional gifts originally supplied.

The Customer shall only be responsible for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics or functioning of the goods.

If, due to an error by the COMPANY, a product different from the one ordered by the Customer is delivered, the correct product shall be delivered and the first product shall be collected at no additional cost to the Customer.

If a product arrives broken, damaged or in poor condition, the COMPANY shall collect the product and replace it with another product in good condition at no additional cost to the Customer.

For any complaint or inquiry, the Customer may contact the COMPANY through the contact section of this Website.

 

4) Procedure for entering into the contract

To purchase the products and/or services offered on the Website, you only need to complete the purchase form (request) with your personal and payment information.

Once the purchase request has been received, the COMPANY shall immediately send an order confirmation to the email address provided in the purchase request, within a period of 24 hours.

 

5) Customer responsibilities

The Customer undertakes to make lawful use of the services, without contravening applicable legislation or infringing the rights and interests of third parties.

The Customer guarantees the truthfulness and accuracy of the information provided when completing the contracting forms and shall avoid causing any damage to the COMPANY as a result of inaccurate information.

Failure to comply with any of the Contractual Terms may result in the withdrawal or cancellation of the services by the COMPANY, without prior notice to the Customer and without giving rise to any right to compensation.

 

6) After-sales services

For any inquiry, incident, complaint or claim following the purchase of products or services, the COMPANY provides the Customer with a Customer Service Department, which may be contacted by email at info@voedia.com.

 

7) Industrial and intellectual property

The industrial and intellectual property rights relating to the works, trademarks, logos and other protectable content appearing on the COMPANY’s Website belong exclusively to the COMPANY (or to authorized third parties), which holds the exclusive right to exercise the exploitation rights thereof in any form, particularly the rights of reproduction, copying, distribution, transformation, commercialization and public communication, and no such rights shall be deemed to have been transferred.

The unauthorized reproduction, distribution, commercialization or transformation of such works, trademarks, logos, etc. constitutes an infringement of the industrial and intellectual property rights of the COMPANY or their respective owner and may result in the exercise of any judicial or extrajudicial actions available to them in the enforcement of their rights.

By accepting these General Terms and Conditions of Contract, the Customer undertakes to respect the Industrial and Intellectual Property rights owned by the COMPANY and by third parties.

 

8) Jurisdiction and applicable law

In the event of any conflict or disagreement regarding the interpretation or application of these contractual terms, the Courts and Tribunals that shall, where applicable, have jurisdiction over the matter shall be those determined by the applicable legal provisions governing competent jurisdiction, which, in the case of final consumers, refers to the place where the obligation is to be performed or the domicile of the purchasing party.

All of the foregoing is without prejudice to the Customer’s right to resort to the Consumer Arbitration Board (Junta Arbitral de Consumo) in their area.

In the case of a sale made to a company, both parties expressly waive any other jurisdiction and submit to the competent Courts and Tribunals of the State of Yucatán, Mexico.

 

II. SPECIAL CONDITIONS FOR THE SALE OF ELECTRONIC BOOKS

Purchase

The Customer acknowledges that the COMPANY grants the Customer a license to use the electronic books marketed by the COMPANY.

Once purchased, such license shall constitute a direct contractual relationship between the Customer and the third party provider of the digital content in question, namely, the “Publisher.”

The Publisher of each electronic book is responsible for its content, any applicable warranties, and any claims that the Customer(s) or any third party may make in connection with such electronic book.

 

Restrictions on Use

The Customer may only use electronic books for private, non-commercial purposes.

The license to use electronic books does not entail the transfer of any rights of use for promotional purposes.

Among other matters, the Customer is expressly prohibited from:

• Selling, renting, lending, copying, modifying, transforming, distributing and/or making electronic books available to the public, whether in whole or in part, in any manner not expressly permitted under these Special Conditions;
• Removing, modifying, deleting or otherwise interfering with the effective operation of any measures implemented to prevent the copying, distribution, making available to the public, modification, transformation or any other improper or unauthorized access to or processing of electronic books, whether in whole or in part;
• Providing or sharing the username and password with any third party other than the authorized user;
• Circumventing any technology used to protect electronic books accessible through the VOEDIA Website, or removing or deleting from electronic books any notice or reference concerning the rights associated with them;
• Using electronic books in any manner that constitutes a breach of these Special Conditions;
• Removing or modifying any territorial restrictions applied on the VOEDIA Website.

Furthermore, the user undertakes to take reasonable measures to prevent any unauthorized use of electronic books.