TERMS AND CONDITIONS OF PURCHASE.

1.-WELCOME TO HYPSTERS .   

 Servicios Shasa, S. de RL de CV ( “ Hypsters ” ) is a legal entity constituted in accordance with Mexican law, with address at Blvd. Aeropuerto Miguel Alemán number 154, Interior 11, Colonia Corredor Industrial Toluca Lerma, Lerma, State of Mexico, CP 52004, which is registered with the Federal Taxpayer Registry as SSH9608016NA .  

Hypsters is the commercial operator of :  

  1. The website identified as www.hypsters.com ( the “ Website ” ) ,  

  1. Official Social Media accounts in YouTube , Facebook and TikTok as “ hypsters_brand ” and/or any other that may be incorporated in the future and mentioned on our official channels (the “ Social Networks ”).  

 In conjunction with the Website and Social Networks will be known as the “ Omnichannel Experience ”.  

Hypsters declares that these Terms and Conditions comply with the provisions established in the Mexican Standard NMX-COE-001-SCFI-2019, as well as with all applicable legal provisions.  

  1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF PURCHASE.  

 The person using the Omnichannel Experience (the “ User ” ) declares that they have read and understood the Terms and Conditions. These Terms and Conditions of Purchase (hereinafter the “ Terms and Conditions ” ) govern the purchase of products sold by Hypsters through The Omnichannel Experience , in addition to establishing the communication guidelines through the Official Media, is , as defined below in section 19 of these Terms and Conditions, and how they are used to communicate with the User.  

 
The User agrees that, by using The Omnichannel Experience expressly and unconditionally agrees to be bound by these Terms and Conditions. Therefore, the User is advised to review them each time they use the services of For the Omnichannel Experience , please read the Terms and Conditions carefully from time to time, as they may be updated and/or modified unilaterally by Hypsters , without prior notification to the User of the modifications , except in those cases where the law requires it .  

  1. MINIMUM AGE FOR THE USE OF THE OMNICHANNEL EXPERIENCE .  

For use by By using the Omnichannel Experience , the User declares under oath that they are 18 years of age or older, and therefore fully in the exercise of their rights and with the capacity to be bound by these Terms and Conditions. However, if the Omnichannel Experience is used by a minor, it will be the responsibility of the parent or guardian to supervise the conduct of minors or incapacitated individuals who access the platform. The Omnichannel Experience, as well as any purchase made and/or interaction you have with Hypsters .  

  1. MODIFICATIONS TO THE OMNICHANNEL EXPERIENCE .  

Hypsters reserves the right to update or modify these Terms and Conditions, as well as the Omnichannel Experience .  

Furthermore, the information contained in the Omnichannel Experience may be modified, restricted, or removed from time to time. If the User does not agree with the updates and modifications, they may opt out by ceasing to use the Omnichannel Experience .  

  1. AVAILABILITY OF THE OMNICHANNEL EXPERIENCE AND/OR THE PRODUCTS.  

Through access and use of The Omnichannel Experience allows the User to purchase any of the products promoted through it.  

The User may use the services available on the Website and the Official Media , as defined below, 365 (three hundred and sixty-five) days a year, 24 (twenty-four) hours a day without limit, except for restrictions related to their internet server, place of residence and/or access limitations of their electronic device with which they access the same .  

Likewise, the products offered through The Omnichannel Experience They are available within the Mexican Republic and can be purchased from time to time.  

When purchasing products through the Website , the User must complete the information requested on the Website . Products may vary depending on the area from which the order is placed, and delivery may be restricted due to the delivery location, whether due to difficult access, security concerns, or lack of communication or infrastructure. The User will be informed of any restrictions as soon as they are known .  

If, due to unforeseen circumstances, products cannot be supplied or items are out of stock on the Website , Hypsters reserves the right to provide information on similar products that may be substitutes for the original product, provided they are of equal quality or value. The User may accept or decline this option. If the User declines the replacement of their original product, any amount paid will be refunded.  

If the User has problems accessing the Website, they can contact Customer Service by calling the telephone number 800-7074272 which is available from Monday to Friday from 9:00 a.m. to 6:00 p.m. hours , except for those days considered non-working days in accordance with the Federal Labor Law.  

  1. RESTRICTIONS ON THE USE OF THE OMNICHANNEL EXPERIENCE .  

  1. Website Alterations .  

The User may not modify, either directly or through a third party, the Website without the written authorization of Hypsters , including but not limited to the placement of hyperlinks within the Website, or limiting or preventing access to the Website. to another user, etc.  

Therefore, the User accepts that the Website for individual use and does not authorize the User to market Hypsters products on their own account , as well as the content, images and information contained on the Website, otherwise Hypsters may exercise what it deems appropriate before the corresponding authorities .  

  1. Fraudulent orders .  

The User agrees that, when using the Website, it will only be to make legally valid inquiries , purchases or orders, and therefore refrains from making false or fraudulent orders, as well as making purchases with bank cards and/or money obtained illegally. Otherwise, Hypsters will cancel any purchase and inform the relevant authorities .  

Likewise, the User must provide the information for the purchase and delivery of their product, which must be truthful and accurate, otherwise the order cannot be delivered without representing a breach attributable to Hypsters .  

  1. USER REGISTRATION AND WEBSITE LOGIN .  

The User has the option to register on the Website by providing the corresponding information . Any information will be processed for the purposes established in the Privacy Notice https://hypsters.com/pages/terminos-y-condiciones , which forms an integral part of these Terms and Conditions.  

User registration for the Website can be done in two ways :  

  1. By providing an email address and creating a password, or  

  1. By linking your profile to your existing Facebook, Google, or Apple profiles. To create a profile on the Website, the User agrees to consult the " Profile Creation " section . https://hypsters.com/account/login which forms an integral part of these Terms and Conditions.  

  1. PURCHASE OF PRODUCTS .  

The User may purchase any product offered by Hypsters in person at the Physical Stores operated by Servicios Shasa, S. de RL de CV ( the “ Stores ” ) or remotely through the Website.  

If the products offered by Hypsters have special specifications or characteristics, the User will be informed at the time of purchase and/or on the labels of each product , which will be considered an integral part of these Terms and Conditions.  

For products imported by Hypsters , the product's country of origin will be indicated on the labels . These labels comply with the applicable regulations of the country of purchase.  

The User will be able to find on the Website Links to other websites related to the purchase of the product are provided; however, these websites are not operated by Hypsters and are governed by their own terms and conditions. Therefore, it is the User's responsibility to review the terms and conditions of each website, releasing Hypsters from any liability for failure to do so.  

  1. PRODUCT AVAILABILITY.  

All products are subject to inventory that is constantly changing due to order traffic , so Hypsters will make its best effort to offer the User the product of their interest and/or keep the User updated on the inventory both in Stores and on the Website .  

Given that products are subject to availability , if Hypsters, due to unforeseen circumstances or force majeure, is unable to provide the purchased products , or if the product is out of stock, Hypsters reserves the right to provide information about products that can be substituted with the same quality or of equal or greater value than the product the User originally requested. If the User does not wish to order the substitute products , Hypsters will refund the amount paid .  

  1. REFUSAL TO PROCESS A PURCHASE AND/OR ORDER IN THE OMNICHANNEL EXPERIENCE .  

Hypsters has the right to withdraw any product from the Stores or in the Website. Hypsters may also remove or modify, from time to time, any material or content from the Website. The Omnichannel Experience .  

Hypsters will, to the extent possible, process any order for the product or products selected by the User , but there may be exceptional circumstances that do not allow Hypsters to process the order even if an “ Order Confirmation ” has already been sent , in the case of the Website, so Hypsters reserves the right to refuse the order and will refund the amount paid.  

  1. PRICE AND PAYMENT OF HYPSTER PRODUCTS .  

 The prices of Hypsters products include value added tax (“ VAT ”) , and in the case of products purchased through the Website, shipping costs will be added.  

 Hypsters product prices may change at any time, but for products ordered through the Website, these changes will not affect the products. that already has an order confirmation .  

 If the User purchases through the Website agrees to perform the steps set out in the section “ Profile Creation and Purchase on the Website ” https://hypsters.com/pages/frequently-asked-questions ​  

 The accepted payment methods for purchasing Hipsters products are debit cards, credit cards, cash, and only for purchases on the Website: PayPal , Mercado Pago and Kueski Pay . The User may also pay for purchased products with a return voucher , which for the purposes of these Terms and Conditions is a ticket with a balance in the User's favor .  

 In the case of purchases through the Website, Hypsters Debit and credit card data will be encrypted to minimize the risk of unauthorized access. Once the order is received, a pre-authorization may be performed on the debit or credit card to verify that sufficient funds are available to complete the transaction. When the User presses the “ Pay ” button , they accept that the card they are using for the transaction is his property and/ or that he is the legitimate holder of the card . The User will immediately receive two emails to the email address that is linked to the Website account , one confirming that the payment for the product has been credited and the second “Order Confirmation” .  

  1. DELIVERY OF HYPSTER PRODUCTS .  

Once the User completes the purchase process for a product , the following scenarios may occur:  

Product delivery for purchases made in stores:  

Delivery for purchases made in Stores will be made once the User physically delivers the product or products of their choice to the point of sale of the store they visit . For this purpose, the User can consult the directory of Stores in the " Stores " section. https://hypsters.com/pages/localizador-de-tiendas . At the point of sale, the label will be scanned to display the total price of the product, allowing the User to pay the total amount using their preferred payment method, i.e., cash, debit or credit cards. or a return voucher . Once the product has been paid for, the purchased Hypsters product will be delivered immediately at the same point of sale .  

 Product delivery for purchases made on the Website.  

 If the product is available and there are no extraordinary circumstances that would cause the User's order to be rejected , Hypsters may deliver the product(s) purchased through the Website using the two "Shipping Method" options :  

  1. Pick up in store, and  

  1. Home delivery.  

  1. In-Store Pickup . Once the “Order Confirmation” has been sent , the estimated time for in-store pickup will be 2 to 3 business days. After this period, the User can go to the store they chose at the time of purchase, which is described in the “Order Confirmation”. However, the User will receive an email stating that their order has been prepared and is ready for collection by the User .  

 The User must present any of the following information at the Store : i) the QR code received in the “Order Confirmation”, ii) the order number , iii) the phone number, or iv) the email address of the person who placed the order. This information is only sent to the User, so sharing it with a third party is the sole responsibility of the User, who will release Hypsters from any liability for order delivery . To obtain the QR code, the User should consult the “Obtaining a QR Code” section at https://hypsters.com/account .  

The User must collect the order at the Store within a maximum period of 30 calendar days, starting from when the User has received the first notification that they can come and collect their order, otherwise , after this period the purchase will be cancelled and the amount will be refunded to the same payment method by which the purchase was made.  

  1. Home Delivery . Once the “Order Confirmation” has been sent, the estimated delivery time to The package delivery company takes 2 to 3 business days, after that period the tentative date for delivery of the package to the address indicated by the User will be determined . If the purchased product incurs any shipping costs, this amount will be communicated during the purchase process and prior to its completion .  

For delivery of the order to the User's address, Hypsters will need to provide the shipping company with the following User information: name, address, email address, and telephone number. The shipping company may be in constant communication with the User to ensure they receive the purchased product .  

The maximum delivery time for the product requested by the User will be 10 business days; however, there may be an exception to the term, with the maximum term being 30 business days due to unforeseen circumstances or force majeure for the delivery of the product , as well as for circumstances related to the delivery area .  

If for any reason the product cannot be delivered Within the delivery period, you will be given the option to proceed with the purchase by setting a new delivery date or to cancel the order and request a full refund of the price paid for the product. Product delivery to the User's address is only done from Monday to Friday .  

The product will be considered delivered when the User or a legally capable natural person receives physical possession of the product at the agreed delivery address ; this will be evidenced by the signature of receipt of the order.  

  1. PRODUCT RETURNS .  

  1. Types of withdrawal from the Contract.  

 Cancellation of purchase .  

 You have the right to withdraw from the purchase of any product without giving a reason , within a maximum period of 30 days. counted from the shipping confirmation, in the case of purchases on the Website , or from the issuance of the ticket, in the case of purchases in Stores ; considering the following specifications (the “ Return Specifications ”) :  

  1. Within 5 (five) business days of confirmation of shipment or ticket issuance, you must notify Hypsters through Customer Service by phone at 800 707 4272 or email customerservice@hypsters.com , and / or any of our Official Communication Channels , of the decision to withdraw from the purchase .  

  1. You will not be able to cancel the purchase of the following products: a) personalized items, b) products without their original packaging , c) stockings, d) underwear, e) socks, f) swimwear without the hygienic seal , g) hair items, h) perfumes, i) body splash, j) any product modified, used or damaged, partially or totally, by use or by any other cause attributable to the customer , k) items purchased in other countries and j) items on clearance or last pieces .  

  1. Items must be returned in the same condition as received, with their original tags intact and attached to the product .  

  1. No refund will be issued if the product has been used , washed, or damaged, so please take care of your products while they are in your possession.  

  1. The products must have their original packaging, instructions for use (if applicable) or any other accompanying document or accessory .  

  1. The electronic or physical ticket must be presented, as well as the shipping confirmation (in the case of purchases on the Website ) .  

  1. Returns must be made in stores (if the purchase was made through this means) or by parcel service (if the purchase was made through the website ).  

  1. Return shipping costs will be the responsibility of the User, and the resulting amount will be immediately deducted from the refund if the products purchased through the Website are shipped via courier . Exchanges made at any of our physical stores will be free of charge .  

  1. Hypsters will have the right to examine the condition of the product and whether there is any defect or hidden flaw , so once the examination has been carried out the User will be informed if he is entitled to a refund considering the specifications of this paragraph.  

If the above is not met, Hypsters will not be able to consider the cancellation of the purchase.  

  1. Withdrawal from purchase due to defects or hidden flaws.  

In addition to the withdrawal mentioned in the previous section, Hypsters grants the user the right to withdraw from the purchase due to defects or hidden flaws under the terms of this section.  

In the event that the product presents defects or flaws that diminish its quality or make its use improper, the User will have a maximum period of 90 (ninety) calendar days counted from the date of issuance of the physical or electronic ticket, in the case of purchases in the Stores, or from the shipping confirmation in the case of purchases on the Website , in order to be able to make the exchange effective and provided that it complies with the Return Specifications, except for point 1.  

In the event of withdrawal, whatever the reason, Hypsters and the User may reach an agreement regarding the return in order to always prioritize the well-being and relationship with the User in accordance with good internal or market practices similar to Hypsters . If no agreement is reached, the User may request a refund to the same payment method used for the purchase of the product.  

  1. BILLING.  

The User will be able to invoice the purchases made through the Website or the Stores through the following electronic portal :https://solutions.cepdi.mx/Hypsters_Portal_Tickets_Classic  (the “ Billing Portal ”).  

To use the Billing Portal, you will need to meet the following requirements:  

  1. Individuals must be of legal age, while in the case of legal entities it must be a person authorized by the same.  

  1. The individuals or persons authorized by the legal entity to whom the invoice will be issued They must have official identification in the United Mexican States (“ Mexico ”) .  

  1. If the individual or legal entity is Mexican , they must have their Federal Taxpayer Registry (“ RFC ”), but if the individual or legal entity is foreign, the RFC will be used. generic for foreigners. The RFC must have 13 digits for individuals, while for legal entities it will be 10 to 11 digits (including homoclave).  

  1. You will need to have the ticket, either physical or electronic, to provide the note number, total, and issue date.  

  1. An email address must be provided.  

  1. It must be specified whether the purchase was made on the Website or in stores.  

Once the above has been provided, the electronic invoice in PDF and XML format will be sent to the email address provided in the Billing Portal within 1 (one) to 2 (two) business days from the date of management through the Billing Portal.  

The User may request an invoice correction within 30 (thirty) calendar days following the purchase date indicated on the physical or electronic receipt. The request for invoice modification must be made by telephone to Customer Service at 800 707 4272 or by email to customerservice@hypsters.com . Hypsters will respond to the User's request, either approving or denying it, stating the reason , within 5 (five) business days following the date of the correction request.  

  1. PROMOTIONS .  

Hypsters may unilaterally carry out promotions on products and/or special events which it will announce on the Website . Hypsters may publish promotions electronically on the Website at the following link: www.hypsters.com/terminos-de-promociones and/or in the Official Media.  

Promotions will be held from time to time , so Hypsters may change the conditions, duration and/or limitations of the promotions.  

Therefore, the User should check the promotions from time to time and comply with the conditions established for each one, considering that the products will always be subject to availability .  

  1. INFORMATION ON RESPONSIBILITIES.  

Hypsters will not be liable for any damage or loss suffered by the User as a result of inaccuracies, queries made, advice, typographical errors and changes or improvements that are periodically made to the products offered.  

Hypsters will not be liable if the User has any inconvenience in using the Website or any failure in performance, error, omission, interruption, defect, delay in operation or transmission, virus or system or line failure with respect to the Website , as well as for :  

  1. The operation of the User's device, nor its maintenance.  

  1. Damage caused to the User's device by power outages.  

  1. The use of the device's operating system by the User or third parties.  

  1. If the device is used for the development of other functions and access to the Website is not possible.  

Hypsters will be solely responsible for restoring the Website in the event of a lack of availability, accessibility or interruption in its page or internet links, and will seek to continue the service .  

On the other hand, if the User extracts from the Website Any material, image or information will be at your own risk and discretion, and you will assume any responsibility for any damage caused to yourself and/or third parties and/or Hypsters .  

 Hypsters assumes no responsibility whatsoever arising from the exchange of electronic information between Internet users and assumes no responsibility for technical problems that may occur in computer equipment used during connection to the Internet network through the Website or from other pages.  

  1. PERSONAL DATA PROTECTION AND PRIVACY NOTICES.  

Hypsters is responsible for the User's personal data, both sensitive and non-sensitive, which is processed to fulfill the purposes set out in Hypsters ' Privacy Notice. https://hypsters.com/pages/privacy-policy-of-Hypsters-mx .  

 

The User declares that he/she has read, understood and accepted the Hypsters Privacy Notice available on the Website , to which the processing and protection of personal data will be strictly subject in accordance with the Terms and Conditions in compliance with its privacy policy and its personal data security management system.  

 

Likewise, the User may exercise their ARCO rights under the terms established in the Privacy Notice.  

 

At any time, Hypsters undertakes to keep confidential any information it receives from the User that has such character in accordance with the legal provisions applicable in the United Mexican States.  

  1. INTELLECTUAL PROPERTY (TRADEMARKS AND WEBSITE) .  

The content and design of the Website , as a computer program, are copyrighted and owned by Hypsters .  

All rights to the Website , including software, tools, and its content, such as scripts, characters, graphics, and other similar elements, are protected by Mexican and international law. Therefore, copying, reproduction, adaptation, modification, distribution, or commercialization, in whole or in part, by any means or in any form, is prohibited without the prior written authorization of Hypsters . This includes non-commercial reproduction of the Website . It will require the knowledge and approval of Hypsters .  

The User does not acquire any intellectual property rights over the Website , and accepts that the use of this will not be considered as an authorization or license to independently exploit the services and their contents for purposes other than those contemplated in these Terms and Conditions.  

Similarly, the translation, adaptation, arrangement, or any other modification of any program resulting from the original is prohibited, in whole or in part. Hypsters shall retain all moral and economic rights to any program derived from the Website .  

Hypsters prohibits the User from using any devices, software, or other means intended to interfere with the activities and/or services of the Website , as well as with the databases and/or information contained therein. Furthermore, any technique of unpacking, compiling, or applying any reverse engineering or decoding technique to the Website is prohibited .  

The User accepts that the trademarks , trade names and any intellectual property (the “ Intellectual Property ”) used in the Stores , the Website and the Official Media These are the exclusive property of Hypsters or those to whom they have granted a license for use, as applicable . Therefore, the User understands that the use of the technological platforms or the products does not grant the right to use the Intellectual Property, so any use of it will grant Hypsters the right to claim damages before the corresponding authorities.  

  1. USER NOTIFICATIONS.  

By using the Website and/or the Official Media, the User accepts that communications will be made electronically.  

Therefore, Hypsters will notify the User via email , text message (SMS or WhatsApp) , pop-up windows on the Website , and/or messages posted on the Website , as well as through Social Media . In the case of messages posted on the Website, the notification will be considered effective immediately; for other means, notification will be considered effective 24 hours after the email has been sent. In the case of demonstrating a notification, it will only be necessary to prove that the shipment was duly made to the contacts provided by the User in their registration and/or in their purchase.  

The User may also contact Hypsters through the following media (the “ Official Media ” ) :  

a) Telephone: 800-7074272;  

b) Email: customerservice@hypsters.com  

c) Social Networks: YouTube , Facebook and TikTok as “ Hypsters _brand” and/or any other that may be incorporated in the future and mentioned in our official channels.  

Once the User makes contact, Hypsters will contact him through the same means to request general information to locate his profile and/or his data in accordance with the respective transaction.  

  1. USER INFORMATION SECURITY.  

Hypsters has security mechanisms for information, which consist of:  

  • Encryption and key management. Security of confidential data.  

  • Systems with independent lifecycles, which communicate through HTTP APIs.  

  • Monitor and ensure the completion of commercial transactions.  

  • Systems that authenticate Website users or Users.  

  • Vulnerability patch management: It can recognize security threats and vulnerabilities.  

  • All implemented security systems and programs range from administrative measures to technological processes for information processing and protection of commercial transactions carried out through the Website.  

  1. APPLICABLE LAWS AND JURISDICTION.  

The use of l The Website and / or Official Communication Channels shall be governed by Mexican law, and any dispute shall be resolved in the courts of Mexico City, expressly waiving any other jurisdiction that may correspond to the User or Hypsters by reason of their present or future domiciles and/or for any other cause. However, the User may exercise their rights as a consumer before the appropriate authority in accordance with Mexican law.