Terms and conditions of use of the services offered by SERVICIOS COMERCIALES GET IT AND PAY IT, S. DE R.L. DE C.V.; by accessing and/or using the www website. getitandpayit.mx and/or mobile applications, shall imply that the Terms and Conditions of Use described herein are accepted, together with all other governing policies.

 

1. Privacy Policy

Review the Privacy Policy at www.getitandpayit.mx/privacypolicy.

2. Generalities and Rol of Get It and Pay It:

www.getitandpayit.mx is a virtual e-commerce space that functions as an intermediary and allows users to offer, sell and buy the products published on the website, facilitating buy-sell transactions.  Which are established directly between the seller and the buyer.

The website will primarily provide information about prices, shipments, product availability and other guidelines that will allow users to accept or reject the terms of the sale purchase, the information provided through the website and/or mobile applications is strictly informative and you can choose to follow them or not.

As a result, we do not warrant, nor have control over the existence, quality, safety or legality of the published products; the veracity or accuracy of user ads or contents; the ability of sellers to sell items; the ability of buyers to pay for the items; or the completion of a transaction or the return of an item by a buyer or seller. 

Each User knows and agrees to be solely responsible for the items he publishes for sale and for the purchases he makes.

You, as SELLER agrees that:

1. You must be duly registered on the Get It and Pay It website.
2. You are responsible for the sale of your products.
3. You are responsible for providing assistance with respect to buyer’s claims, or with respect to any matter relating to such contract between the buyer and seller.
4. Sellers must meet our minimum performance standards. Failure to comply with these standards may result in additional fees being charged and/or limiting, restricting, suspending or lowering the level of your seller account
5. Seller cannot stop delivering the items sold unless he has a valid reason in one of our policies.

You, as BUYER agrees that:

1. You must be duly registered on the Get It and Pay It website.
2. You are not buying directly from Get It and Pay It, but from the registered sellers on your website.
3. Each seller registered on the website, has its own processing deadlines, shipping methods and store policies, so before purchasing a product, the buyer must read all the information published by the seller, and in case of doubt, communicate directly with the seller in the respective store.
4. You must pay shipping costs, whether local or international, in accordance with each seller’s policies. vendor These costs will be added to the total amount, according to the location of the buyer, at the time of checkout, to be made the full payment.
5. Buyer cannot stop paying for the items they purchased unless they have a valid reason listed in one of our policies.

 

3. User Account

For the use of the website and/or mobile applications it will be necessary to register by the user for the creation of his account, with login of reliable personal data and definition of a password.

The user may choose and change the key for their account administration access at any time, if registered and necessary for the purchase of any the products, Pay It and Get it assumes no responsibility in case such key is hand over to third parties, so that you are responsible for maintaining the confidentiality of your account data and password , as well as restricting access to your computer and other devices, and you assume responsibility for any activities performed from your account or using your password.

We do not offer services to persons who do not have the legal capacity to contract, so we request to refrain from providing personal data without the consent of parents or guardians, in accordance with federal laws, as well as our Terms of Use.

4. The Products

• Description

All information posted on our website about the products, is provided for informational purposes only. Before using the products, we always recommend to read labels, warnings and instructions for use of the products. We will try to be as accurate as possible to give an adequate description of the product, however,  nor  is warranted  that the descriptions or content of any other  service offered on our site is accurate, complete, reliable, current or error-free.

• Prices

The purchase price of the Product offered on the site is set by the Seller and may or may not represent the current price in all places on a given date. All prices shown through the website include taxes, unless otherwise stated.

• Inclusion of images and photographs.

You grant Get It and Pay It and its related companies, affiliates or subsidiaries a free, irrevocable, non-exclusive, international and no time limit to publish, reproduce and/or adapt the images and photographs included in their publications for the purpose of being used on all our sites and applications, social networks and/or in any massive and non-massive means of communication, including without limitation, platforms and any other digital or physical media that you deem appropriate or with those other platforms or Internet sites with which Get It and Pay It has made an alliance, to identify offers, classify products, create catalogs, perform advertising and marketing actions and sublicense the use to third parties for these purposes.

The user declares and warrants that he/she owns the licensees and/or has or owns the necessary rights of the images and photographs contained in his publications and has the rights and necessary powers to grant the authorization detailed in this clause, being solely responsible for any infringement of third party rights.

Get It and Pay It may remove the publication of the images and photographs, and even of the goods or services, if it interprets, in its sole discretion, that the image does not comply with these Terms and Conditions of Use.

• Availability

All information and details regarding the availability, shipment or delivery of a product are estimates only. When your order is  placed, we will send a message confirming receipt of  the  order. If, for any reason, during the processing of the order, the ordered product is not available, no charge will be made for those products except that they had been paid with gift cards.

If the product ordered is not available, it may be ordered, subject to inventory confirmation, if we cannot obtain the desired product, the order cannot be confirmed. For orders paid with gift cards, the total amount that has been paid will be refunded.

• Product Warranty

Several products available for purchase are covered by a warranty. The warranty regarding the functionality, quality and safety of the products is provided directly by the seller.

• Prohibited Products

Below is the list of products and services whose offer, request, publication, purchase or sale are prohibited by internal policies and/or to ensure compliance with any current law, as the case may be. We assume no responsibility for the existence on the site of products or services that violate policies or any applicable law or court ruling.

Sellers are solely responsible for the legality and legitimacy of the items they offer. Sellers must comply with all relevant regulatory obligations and have the registrations, ratings, permits and/or authorizations required by the applicable regulations for the sale of the goods and services offered.

Get It and Pay It may terminate publications that do not comply with the policies mentioned herein. That is why we recommend reviewing this listing before publishing an article.

• Weapons, ammunition, and explosive material
• Out-of-law cell phones and mobile services
• Narcotic drugs and banned substances
• Flora, fauna and derivatives
• Fireworks
• Bones, organs and human waste
• Tobacco and related products
• Out-of-trade products
• Medicines, substances, and products for health and/or aesthetics
• Financial products and services
• Tourist and related services
• Mailing lists and personal database
• Adult products or services and used underwear
• Violence and discrimination
• Decoders and antennas
• Publications that violate intellectual property rights
• Legal and personal documents
• Historical, cultural, archaeological, and paleontological heritage
• Programs or services to hack electronic devices
• Lotteries and raffles
• Publications for purposes other than the sale of a product or service
• Manuals, courses in print or digital format and study guides
• Insurance
• Undocumented vehicles and vehicle products that violate applicable laws
•  Alcohol.
• Cosmetics, beauty products and perfumery
• Prosthetics, medical equipment, and related products
• Pesticides and toxic substances
• Tickets for shows
• Replicas, forgeries and unauthorized copies
• Shipping items
• Tax evasion
• Bans for international purchase
• Digital books
• Flammable Products
• Empty bottles
• Mystery boxes
• Pre-sale products

5. Risk of Loss

All products purchased through Get It and Pay It are carried out through a shipping contract. Ownership and risk of loss of products will be transferred to you at the time we deliver the products to the relevant carrier. You expressly consent to our fully charged for your purchase either at the time they are shipped to you or at the time your order is processed.

6. Returns

If the user considers that a product offered does not meet its description, the only remedy available to you will be to return it, as long as it is returned without having been used and in accordance with the Return Policy.

Get It and Pay It does not assume ownership of the returned product until receipt of the returned product by the seller, at the return address. We reserve the rights, at our discretion, to refund the amount of the product without requiring its refund. In such a case, ownership of the product whose price would have been refunded will not pass to us, but to the seller.

7. Sellers’ stores

Sellers, operate with stores, provide services or sell product lines in this site. We also provide links to the websites of affiliated companies and other companies. We are not responsible for examining or qualifying, actions, products and content, nor in any case do we guarantee, the offers of any such and individuals, nor the content hosted on their respective websites.

8. Prohibitions

Users may not:

• Use our services when they do not have legal capacity to enter into legally binding contracts (for example, if you are under the age of 18) or have a temporary or permanent suspension to use our sites, services, applications or tools or are a person who is prohibited from transacting due to economic or commercial penalties;
• Manipulate prices of any item;
• Interfere with any other user’s ads;
• Post, advertise or upload content or articles in categories or inappropriate areas on our sites;
• Infringe or evading laws, rights of third parties, or our systems, policies or determinations of the state of your account;
• Maintain any communication by e-mail, or by any other means (including social networks) during the offer of good with any of the Users who participate in it, except in the Q&A section;
• Bypass any technical measures we use to provide the services;
• Disclose your personal data or other users data through the Q&A section and/or by any other means (including, but not limited to Twitter, Facebook and/or any other social network;
• Accept personal data provided by other users through the Q&A section and/or some other means (including, but not limited to Twitter, Facebook and/or any other social network;
• Publish or sell prohibited items described in the Terms and Conditions of Use and/or applicable laws in force;
• Publish any false, misleading, inaccurate, erroneous, defamatory or calumny content;
• Carry out any action that may harm commentary or rating systems;
• Retrieve or gather any mean of information about users without their consent;
• Insult or offend other Users;
• Use your reputation, or comments received on or off our el website, in any space;
• Reveal in any way in your publications or questions and answers section any increase or modification of the price of the good or service offered;
• Imply or inform in any way within your posts or in the questions and answers section that you do not agree to receive payments through Get It and Pay
• Publish identical articles in more than one publication;
• Distribute or post spam, unsolicited or massive electronic communications, message chains or pyramid schemes;
• Distribute viruses or other technologies that may harm us or harm the interests or property of users;
• Use robots, web spiders, scrapers, data mining tools, or tools to obtain or extract information, or other automated means to access our Services for any reason, except with the explicit authorization of Get It and Pay It;
• Infringe copyrights, trademarks, patents, advertising, database and/or any other intellectual property rights (collectively «Intellectual Property Rights») that correspond to you or of which we are a licensee. Some, but not all, of the actions that may constitute a violation are to execute, develop, display, distribute, copy, reverse engineer, decompile, disassemble or prepare derivative works of content which belongs to Get It and Pay It or someone else;
• Interfere with the operation of our services or impose an unreasonable or disproportionately large load on our infrastructure;
• Violate any Intellectual Property Rights that apply to third parties affected by your use of the Services or by posting content that does not apply to you.

The above activities will be investigated by us, if we believe that, in any way, you misuse  www.getitandpayit.mx  and/or our service,  Get It and Pay It shall have the right, in its sole discretion and without prejudice to other resources, to limit, suspend or terminate your account or your user accounts and access to our  services, delay or remove the contents, remove any special status associated with your account or accounts, remove, not display advertisements and/or downgrade them, reduce or remove any discounts and take technical and/or legal measures and/or any other form it deems appropriate, without prejudice to any legal action to which it may result from the configuration of crimes or contraventions or civil damages that may cause Users.

Get It and Pay It reserves the right to cancel unconfirmed accounts or accounts that have remained inactive or modify or discontinue our services. In addition, we reserve the right, at our discretion, to refuse or cancel the service, in whole or in part, to any person for any reason.

 

9. Rates

The seller user must pay Get It and Pay It:

1. A monthly fee that will entitle you to the publication of your products as stipulated in the Products section. The monthly fee will depend on the program to which the user has subscribed.
2. A sales charge when a transaction/transaction is successfully realized, which is equivalent to a percentage of the sales price posted on the website www.services.getitandpayit.com.

Get It and Pay It reserves the right to modify, change, add, or remove the current rates, at any time.

 

10. Tax Withholdings

As of June 1, 2020, under a new national decree, withholdings of Income Tax (ISR) and Value Added Tax (IVA) will be applied, as a consequence of being designed collection agent before SAT, we are obliged to make one or both withholdings as the case may be.

Income Tax withholdings (ISR) and Value Added Tax (IVA) will be applied to sellers who are Natural Persons and sell new products.

If you have a Natural Person RFC within Get It and Pay It, withholdings will be made based on your daily income.

 

Sales Withholding Percentages:

	If you have RFC’s Natural person	If you don’t have RFC’s Natural person
IVA	8 %	16 %
ISR	from 0.4 to 5.4% based on daily income	20 %

Daily Accumulated Amounts:

Accumulated amount diary	Percentage of ISR withholding
Up to $49.34	0.4%
Up to $164.47	0.5%
Up to $328.95	0.9%
Up to $822.37	1.1%
Up to $3,289.47	2%
Over $3,289.47	5.4%

You will be able to see and download the proof of your withholdings at the beginning of the following month.

11. Billing

All prices listed here include Tax Proof, which will be sent to the user provided email. The collection receipts issued will include value added tax, the user who requires Tax Proof – INVOICE, must have the corresponding RFC data and request it once payment is made.

12. Indemnity

The user will keep Get It and Pay It unscathed and/or unharmed, as well as its affiliates, controlled and/or controlling companies, officers, officers, successors, administrators, representatives and employees, for any claim initiated by other users or any party, third parties or any Agency, related to its activities on the website, compliance and/or breach of the Terms and Conditions of Use or other Policies, as well as any violation of laws or rights of third parties. For this purpose, the user empowers Get It and Pay It to:

• Intervene and represent you in such claims, being able to conclude the transactional agreements that you deem appropriate and that tend to avoid higher costs and/or avoid any contingencies without limitation, on your behalf and representation;
• Withhold and debit from the registered bank account(s) in Get It and Pay It, existing and/or future funds to recover any expenses incurred in connection with the assumptions of the preceding paragraph, and/or
• generate specific debits in your billing.

 

13. Intellectual Property – Licenses – Links

Get It and Pay It and/or its associated companies, affiliates or subsidiaries reserve all rights, including intellectual and industrial property rights, associated with our services, websites, the contents of their screens, programs, databases, networks, codes, development, software, architecture, hardware, content, information, technology, integration phases, functionalities, domains, files that allow the User to access and create his Account, sales tools, trademarks, patents, copyrights, industrial designs and models, trade names, among others, and declares that they are protected by national and international laws.

In no case will it be understood that the user will have any kind of right over them except to use our service as provided in this document. Improper or contrary to current regulations on intellectual and industrial property rights, as well as their total or partial reproduction, is prohibited, unless expressly authorized in writing by Get It and Pay It.

Users may also not communicate that the products or services they offer are sponsored, promoted, produced, offered and/or sold by Get It and Pay It and shall refrain from performing any act that could cause damage, loss of reputation, or decrease in the value of the intellectual and industrial property rights of Get It and Pay  It.

The site may contain links to third-party websites. Under the virtue that we have no control over such sites, you will not be responsible for the contents, materials, actions and/ or services provided by them, nor for damages or losses caused by the use of them, caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement with such sites and their contents.

14. Policies, modification, and independence of provisions

Please review our other policies posted on this website. These policies also govern the use of the services provided by Get It and Pay It.

The titles of the clauses are only a reference and do not limit the scope of the clauses. Our failure to act with respect to a breach of any of them by the user does not represent a waiver of our right to act with respect to subsequent or similar breaches.

We reserve the right to act against all breaches and to make changes to our website, policies, Terms and Conditions of Use at any time.  Your continued use of Get It and Pay It services will prove your acceptance of such changes. If any of these conditions is held to be invalid, void, or unenforceable for any reason, such condition shall be deemed independent and shall not affect the validity and enforceability of any of the remaining conditions.

15. Controversies

Any dispute or claim relating to the use of the Get It and Pay It Services, the products or services sold or distributed through Get It and Pay It or the Terms and Conditions of Use shall be submitted and resolved at your option, either through the administrative jurisdiction of the Federal Consumer Attorney’s Office («PROFECO») or through binding arbitration conducted by the House Mediation and Arbitration Commission National Trade Party («CANACO») so You and Us waive any other jurisdiction that may correspond for reasons of domicile or for any other reason. You and we agree that you and we may bring a lawsuit before the relevant courts to prevent violations or misuse of intellectual property rights.

In the arbitration proceeding there is no judge or jury and the review that a court can make of an arbitral award is limited. However, an arbitrator may make an individual sentence for damages and other benefits, on the same terms as a court.

To initiate arbitration proceedings, you must send a letter requesting arbitration and describing your claim, to www.servicios.getitandpayit.mx. The arbitration will be administered by CANACO under its rules. CANACO rules are available in www.arbitrajecanaco.com.mx by phone by calling 36852269, ext. 1309 or 1310. The payment of all fees for filing the application, administrative and arbitrators’ expenses shall be governed by CANACO rules. We agree to reimburse all claims fees less than $100,000 (MXN), unless the arbitrator determines that the claim is frivolous. Similarly, we undertake not to sue for costs in the arbitration, unless the arbitrator determines that the claim is frivolous. You may choose to have the arbitration conducted exclusively by telephone or based solely on the submission of written arguments and evidence; however, in all cases, the seat of the arbitration will be Mexico City, Federal District. The arbitration shall be conducted in Spanish by a single arbitrator and the applicable laws shall be those of Mexico. We agree that any dispute settlement proceedings will be conducted only individually and not in class, class, or representative action.