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Terms & Conditions

Terms and Conditions for Grupo Acteal S.A de C.V.

Access to and use of our website www.Merchallday.com and all the additional Grupo Acteal websites (“Grupo Acteal websites”) are subject to the following Terms and Conditions and applicable laws (the “Terms of Use”) that govern the use of Grupo Acteal websites. We shall appreciate it if you would please enter the site and read the Grupo Actea Privacy Policy located at: http://www.merchallday.com/index.php?route=information/information&information_id=3

 

Acceptance of Terms of Use

By accessing and navigating Grupo Acteal’s websites, you, as user (“the User”) accept these terms of use without any limitations or conditions, including the additional or amended terms and conditions which Grupo Acteal publishes from time to time. Certain services and other available offers in Grupo Acteal’s websites may include additional applicable terms and conditions, which can be read in the pages containing said services or offers through a link on said pages or other instructions provided as reference to said additional terms and conditions.

Grupo Acteal reserves the right to make amendments or updates to the Terms of Use, at any moment, without the need to notify the user, to address company policies, new requirements or to comply with applicable legal provisions, and the updated version which has been published most recently shall be applicable always, in which case the user acknowledges his/her obligation to comply with said amendments or modifications.

 

Intellectual Property (Copyright)

All of Grupo Acteal’s websites are the property of and operated by Grupo Acteal and/or its affiliates, and they are protected by the copyright laws under Mexican legislation, as well as international treaties formalized by México. All rights are reserved.Intellectual Property rights regarding the content and software provided are the property of or are licensed on behalf of Grupo Acteal.

All rights which are not expressly granted here are reserved. The content of Grupo Acteal’s websites must not be copied, distributed or transmitted in any form without previous written authorization by Grupo Acteal. No link to any of Grupo Acteal’s websites may be created without express written authorization by Grupo Acteal. The User of any of Grupo Acteal’s websites may download a copy of any or all the contents in said website for his/her personal use and with no commercial purpose, provided said content is not modified or altered in any form, or any notice or legend regarding copyright or industrial property rights. No right or license is hereby granted or implied regarding said content. The entire content of said website is provided solely for legal purposes. Images of individuals or places in said website are the property of Grupo Acteal or are used through authorization on behalf of Grupo Acteal. The use or misuse of said images is hereby prohibited, except for the expressly authorized use. Grupo Acteal reserves any all ownership and intellectual property rights of the downloaded content from said site.

 

Prohibited Activities

You accept to refrain from: (i) sharing usernames, passwords or other access information which allows entry to the protected sections of any of Grupo Acteal’s websites by an unauthorized third party; (ii) participating in or enabling someone to participate in spamming activities; (iii) publishing, distributing or transmitting unauthorized advertisements or promotional materials, chain mail, unwanted mail or any other type of unwanted bulk email, to individuals or entities who have not agreed on participating in such communication; (iv) omitting, eliminating or falsifying information regarding transmissions, including headers, returned mail and Internet protocol addresses, or otherwise manipulating identifiers in order to disguise the origin of any content; (v) impersonating any individual or entity, or else falsely stating or otherwise misrepresenting your affiliation with any individual, or intentionally omitting, eliminating, falsifying or distorting information regarding transmissions, including headers, returned mail and Internet protocol addresses, or otherwise manipulating identifiers to disguise the origin of any content transmitted to or through any of any of Grupo Acteal’s websites; (vi) distributing or transmitting any content without the right to do so; (vii) sending messages to harass or threaten other individuals; (viii) participating in flooding activities, such as ICMPflooding andmail bombing (the term flooding is meant as sending great amounts of email messages repeatedly to the same email address) and (ix) modifying, adapting, translating or reverse engineering any of Grupo Acteal's websites.

 

Content Restrictions

You hereby accept to refrain from publishing, distributing or transmitting any content which: (i) may be illegal, harassing, defamatory, abusive, threatening, obscene, malicious, libelous or invasive of anyone’s privacy; (ii) violates or infringes the copyright, trademark, commercial secrets, patents or other intellectual property rights of any other party, including but not limited to the use of third-party materials which are copyright-protected without the pertinent authorization, using third-party trademarks with the pertinent authorization or accountability, and using or distributing protected third-party information or not protected as a commercial secret in violation of any confidentiality obligation; (iii) you may not hold the right to distribute or transmit according to the law or to contractual or fiduciary relationships; (iv) may contain personal data of minors, or otherwise, (iv) may contain sensitive personal data of any other individual.

 

Illegal Behavior

You hereby accept that you shall not: (i) use Grupo Acteal’s websites for any illegal purpose, thus infringing the applicable laws and regulations, any provision of any national stock market or of any other type, and any regulation in full legal effect; (ii) publish webpages which contain links for downloading content, thus incurring in full-blown intellectual property infringement or unlawful content; (iii) electronically harass or intimidate an individual; (iv) participate in any Internet activity which violates other individuals’ privacy rights, including but not limited to gathering and distributing information about Internet users without their authorization, except as permitted by law and (v) conduct sweepstakes, raffles or contests by Internet which violate any applicable laws.

Damaging Behavior

As an additional condition for the use of and access to Grupo Acteal’s websites, you agree not to: (i) publish, distribute or transmit any worm, virus, file or other damaging code, file or program through Grupo Acteal’s websites; (ii) enter or introduce obscene information or mechanisms to capture or distort data, hyperlinks or unauthorized advertisements; (iii) run any program which offers a service or resource to other individuals, including without limitation, forwarding of ports, proxy servers; (iv) interfere, affect or damage Grupo Acteal’s websites or the servers or networks connected to said sites in any manner; (v) run programs or particularly configure equipment in such a way that they maintain an active dial-up connection, even though it is not used or, in any other way, bypass the automatic disconnection due to inactivity, unless a dedicated access account is provided; (vi) use Grupo Acteal’s websites in violation of the provisions of any other website, chatroom or similar provider; (vii) use Grupo Acteal’s websites to access other individuals’ accounts without their authorization; (viii) try to violate Grupo Acteal’s security measures or those of any other entity, or obtain or bypass other people’s passwords and (ix) participate in denial-of-service attacks, in other words, actions designed to affect network access by bombarding a site or the Internet with useless traffic.

 

Privacy

We are aware that consumers worry about how the information they provide about them online will be used. Please read our Privacy Policy for more information.

Age Restriction

Grupo Acteal’s websites are designed to be used by individuals who are at least 15 years old, or older. Grupo Acteal’s websites are not designed to be used by minors who are younger than 15. Users who are younger than 15 must obtain help from their parent or guardian in order to use the website. Please consult our Privacy Policy for more information.

 

Grupo Acteal's Exclusion of Liability

When using Grupo Acteal’s websites, you expressly agree that you shall use Grupo Acteal’s websites at your own risk. Grupo Acteal’s websites are provided in an “as is” condition and “as available.” Grupo Acteal does not guarantee that the use of its websites shall be without interruptions or that it shall be free of errors. Grupo Acteal does not guarantee the certainty, integrity or completeness of the content shown in Grupo Acteal’s websites or of the products or services offered in Grupo Acteal's websites.

Grupo Acteal expressly rejects any warranty, either express or implied, including but not limited to warranty regarding ownership, merchantability or fitness for a particular purpose, to the fullest extent permitted by applicable laws. No verbal information offered by Grupo Acteal shall be constituted as a warranty of any kind.

Grupo Acteal shall not be held liable, under any circumstance, regarding direct, indirect, incidental, special or consequential damages resulting from the use or inability to use Grupo Acteal’s websites, including but not limited to your relying in any information obtained from Grupo Acteal’s websites which are proven to be file errors, omissions, interruptions, deletions or corruption, or otherwise any noncompliance. The previously-mentioned exclusion of liability shall apply for the execution of actions derived from a contract, due to negligence or any other liability, including when an authorized Grupo Acteal representative has been advised about it or should have knowledge regarding the possibility of said damages. This paragraph shall apply to all content, product and service provided through any of Grupo Acteal’s websites.

Under no circumstance shall Grupo Acteal guarantee the veracity and quality of the products, services, information or any other type of material acquired or obtained through Grupo Acteal’s websites, or that it fulfills or must fulfill the user's expectations.

Under no circumstance shall Grupo Acteal be held liable for any loss of utilities or any special, incidental or consequential damage resulting from our site, our services or this agreement (including imminent negligence). The user commits to compensate and hold Grupo Acteal harmless regarding any claim or lawsuit, including reasonable attorneys’ fees, filed by any individual or outside institution as a result of your noncompliance with these terms of use or of the documents included by reference, or if you infringe any law or the rights of a third party.

The user acknowledges and accepts that the content or publications in Grupo Acteal’s websites may contain references or cross references to products, programs or services or to website links and resources not owned by Grupo Acteal. Grupo Acteal does not may any statement, nor does it grant a guarantee or commitment regarding any website other than Grupo Acteal, or about third-party resources, either referenced or which could be accessed from, or which have a link to any Grupo Acteal website. A link with a website other than Grupo Acteal’s does not mean that Grupo Acteal recommends the content or use of said website or of its owner. In addition, Grupo Acteal neither participates nor undertakes obligations in any transaction the user may carry out with third parties, even when the user knows said third parties (or uses their link to connect with said third parties) through a Grupo Acteal website. Therefore, the user acknowledges and accepts that Grupo Acteal shall neither be held liable for the availability of said external sites or resources, nor for any content, service, product or any material found on said sites or resources.It shall depend solely and exclusively on the user to take precautions to protect him/herself of a computer virus, worm, Trojans and other destructive elements, and of protecting his/her data as deemed pertinent.

 

Information Entered by the User

If the user publishes any information in Grupo Acteal’s websites, he/she does so granting Grupo Acteal a nonexclusive, perpetual, irrevocable, free, sublicensable, global license regarding the copyright laws or other pertinent rights about published content for his/her use in Grupo Acteal’s websites and in the liked sites and media. Likewise, the user guarantees to be the owner with authority to dispose of said information or that he/she has obtained from its owners all the authorizations required for the publication of that information as per the foregoing conditions.

All information provided by the user in Grupo Acteal’s websites is understood as provided as a sworn statement, with the commitment of the user to keep it updated.

The user hereby authorizes Grupo Acteal to use his/her personal information for purposes of being able to carry out their transactions in Grupo Acteal’s websites. Grupo Acteal shall not publish, sell nor transfer the user’s collected informationto third parties, except when it must be disclosed in compliance with a judicial or administrative order. Likewise, given your right to use and log in as a user, you agree that Grupo Acteal may use for itself or allow or transfer, to any third parties, the personal data with marketing, advertisement purposes or to offer goods or services. However, if the user wishes, at any time and by means of the available resources for such purposes, you may be able to request exclusion from promotional or advertising information delivery lists, on the section about preferences regarding email notifications you wishto receive or not. Please read our Privacy Policy

Grupo Acteal uses cookie and IP address tracking technologyas a user navigates through Grupo Acteal’s websites, which allows acknowledgment of registered users without them having to enter their email address each time they access Grupo Acteal’s websites and also allows Grupo Acteal to gather certain information about their systems, preferences and transactions. Rejection of cookies sent by Grupo Acteal by the user may affect the proper operation of Grupo Acteal’s websites by that user. When the user allows the usage of this technology, the user agrees that the personal information obtained in such a way may be used to analyze his/her preferences, to define and execute personalized marketing policies and for additional applications linked in Grupo Acteal's websites. Please consult our Privacy Policy.

 

Purchase Conditions

For purchases, the user may access the Grupo Acteal website by going to MerchAllDay.com, where there is a catalog of stores classified into several categories: most popular, store type, most recent stores and discount stores. The user can also access any of the stores linked with Grupo Acteal directly by typing the URL of the store or brand carried by the online store within their domain.

Once inside the store, the next step is reviewing the product images and to state the intention to buy, the user must click on any of the images, it zooms in, the user can see the product description and availability and then click on the "I want it" button.

This button activates a new window, broken into several sections. The "Contact info" section asks the user to login or begin the session to start their purchase. The "Shipping info" section requests information regarding the type of delivery the user prefers, such as the city, state, address and number (outside and interior numbers), subdivision and zip code where to deliver the item(s).The “Payment method” section asks to select if the transaction will be processed through a credit or debit card, or if it is a cash payment. When selecting either a credit or debit card, it requests information such as the name of the cardholder, account number, date or expiration, as well as the security code; if the user selects a cash payment, then the order information and the payment code is sent to the previously-registered user's email address.

On the left side, the user can see the name of the store, product name, cost, number of parts, discounts and shipping costs, as well as the total purchase cost.

Upon completing this form and clicking on "Pay order", a notice is automatically sent to the customer via email with a notification about the customer's order and purchase status.As the purchase transaction is confirmed, shipped and delivered, the system generates notifications to the customer which are sent directly to the registered email address.

 

What's your return policy?

All items must be returned/exchanged within 10 business days (2 weeks) of confirmed delivery date. Items must be unworn, unwashed, and in original packaging. Customer is responsible for all shipping charges, including the shipment back to purchaser on exchanges, a 15% restocking fee will be applied for all returns. All returns/exchanges must be shipped with a tracking number. Please allow up to 10 business days for all returns/exchanges to be processed, original shipping & handling costs will not be refunded. You will be notified by email that your return/exchange has arrived and processed. Restocking and shipping charges are waived for any Merch All Day mistakes or damaged merchandise ONLY. Please be sure to include a copy of your order invoice, ship all returns to:

Merch All Day
A lista de Correos
Ave Cuauhtemoc #6 
Ayotla, Ixtapaluca
Edo de Mex
CP 56561 
Mèxico

 

Restrictions

Under no circumstances should the following items or product categories be returned: Stockings, lingerie, hosiery, records, books and magazines, software, computer equipment, consoles and video games, wines and spirits, evening gowns, fine and costume jewelry, household appliances, audio devices and television sets, gourmet products, flowers, mattresses, recliners, pillows, rugs and Christmas items.

 

Compliance with the Terms of Use

These Terms of Use are governed and interpreted according to Mexican law, without reference to their provisions in matters of conflicts of law. Any and all controversies regarding the validity or interpretation of these Terms of Use or of their compliance, shall be resolved exclusively by a competent court located in México City, Distrito Federal, which shall constitute the only seat for any dispute. If any part of these Terms of Use is illegal, invalid or not applicable, said part shall be considered as separate and shall not affect the validity and compliance with the remaining provisions. Grupo Acteal may modify these Terms of Use at any moment by updating this publication.