Terms & Conditions
Process for Courier Issues
You have up to 7 days from the delivery of your order to contact us at info@nyd.mx to raise a dispute. If your order was delivered with Big Smart, you must contact us within 5 days at the latest. If your purchase order remained in transit status or awaiting collection for 3 days or more after you placed your purchase, you have up to 30 days to raise the dispute from the order creation. The response time for a dispute is up to 7 business days to resolve any dispute submitted. If you requested an exchange or return and your order is not returned after 21 days from being marked as RETURNED, we will cover the shipping cost.
Terms and Conditions for Promotions and Discounts
CURRENT PROMOTIONS, COUPONS, DISCOUNTS, AND SHIPPING
SHIPPING Free shipping on minimum purchases of $1,249 M.N. The promotion may be withdrawn without prior notice. All our shipments are within the Mexican Republic. The delivery time for each order will depend on the distance, and may be delivered within a range of 3 to 7 business days. In case the courier service experiences any delay in delivery, you will be notified via email.
BANK PROMOTIONS
Bank promotions are the responsibility of each issuing entity. For questions, complaints, and comments, please contact the corresponding bank. NYD Jeans Mexico is exempt from any responsibility.
PAYPAL PROMOTIONS
Promotions applied by PayPal to its platform users are the sole responsibility of PayPal. For questions, complaints, and comments, please contact PayPal's customer service team. NYD Jeans Mexico is exempt from any responsibility.
MERCADO PAGO PROMOTIONS
Promotions applied by Mercado Pago to its platform users are the sole responsibility of Mercado Pago. For questions, complaints, and comments, please contact Mercado Pago's customer service team. NYD Jeans Mexico is exempt from any responsibility.
Please consult our return and exchange policy in the corresponding section for more information.
Introduction
This is a contract between you as a user and CREMBO FASHION S.A. DE C.V., acting as the Licensee and Franchisee of the NYD Jeans brand, its controlling companies, affiliates, and subsidiaries (collectively, "The Company"), owners of the website www.nyd.mx, and any other site, service, mobile application, software, or tool where these Terms of Use appear or are linked (collectively, the "Website"). Your use of this Website, including purchases made through it, is governed by this contract based on the Terms of Use established herein (the "Terms"), which you should read carefully. Your use of the Website is expressly subject to your acceptance of these Terms, as well as our Pricing Policy, our Invoicing and Payment Policy, our Delivery Policy, our Cancellation Policy, our Return and Exchange Policy, our Refund Policy, our Replacement Discount Policy, our Perfect Glasses Promise (warranty policy) and our Privacy Notice (the "Additional Policies").
Grant of License
In some cases, to process the return, the Customer Service team may request the following documentation:
- Bank statement
- Official identification
- Proof of address.
These Terms grant only a limited license to access and use the Website. Therefore, you expressly acknowledge and agree that THE COMPANY does not transfer ownership or any intellectual property right or title of the Website to you or to any other person. All text, graphics, user interfaces, visual interfaces, photographs, sounds, drawings and models, computer code (including HTML code), programs, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, aesthetic and functional appearance, and arrangement of any content presented on or available through the Website, unless otherwise indicated, belong to The Company and are controlled and licensed by it. All product trademarks and logos and all other logo names, and icons identifying the brands and THE COMPANY and its products and services are proprietary trademarks, franchised or licensed to GRIMATEX, S.A. DE C.V.; therefore, it is strictly prohibited to use such trademarks, including, but not limited to, domain names, account identifiers, or search terms, without express written authorization. Other product names and company names or logos mentioned or displayed on or through the Website may be trademarks and/or service marks of their respective owners.
Content Provided by You as a User
Occasionally, we may make available on this Website notices, chat rooms, comment areas, advertisements, forums, newsgroups, content posting sections, or similar communication structures. In these cases, we will be pleased to receive your comments on our Website. However, any note, message, advertisement posting, idea, suggestion, or other material you provide to The Company ("User-Posted Content") must not annoy, defame, slander, including through the press, discredit, threaten third parties, or otherwise violate any third-party rights, and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material. Furthermore, User-Posted Content must not violate the intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any person or entity. From the moment any User-Posted Content is submitted to the Website, you grant The Company a non-exclusive, free, perpetual, and irrevocable right and license to use, reproduce, copy, modify, alter, publicly display, publicly perform, publish, send, transmit, distribute, or otherwise use User-Posted Content, in such a way that The Company is authorized to use such Content for any purpose, in perpetuity, in any medium currently known or conceived in the future, without additional compensation. You expressly authorize The Company to modify User-Posted Content without your approval. By submitting any User-Posted Content to the Website, you declare and warrant that you have the necessary right, title, and license over such User-Posted Content and that the provision of such material on the Website does not and will not violate third-party rights, including, by way of example, intellectual property rights or privacy rights.
Limitations
You agree not to modify, distribute, disclose, or create works wholly or partially based on the Website. You may not (nor permit third parties to) sublicense, lease, sell, distribute, circulate, provide, transform, decode, disassemble, dismantle, reverse engineer, create derivative works, modify, or translate the Website, nor reproduce, copy, use, or provide all or part of the Website in any manner not expressly permitted herein or by law. You acknowledge and agree that the acquisition of any content or data through the use of the Website is your sole responsibility, and that you are solely responsible for any damage to the system or loss of data caused, even indirectly, by the use of the service.
Privacy Notice
Please check The Company's Privacy Notice at www.nyd.mx/privacy-policy where you will find The Company's practices for collecting personal data. You acknowledge and agree that THE COMPANY reserves the right, at its sole and exclusive discretion, to (i) suspend or remove the Website, and/or (ii) temporarily or permanently disable access to the Website.
Connection to Other Sites
For your convenience, the Website may facilitate access to other online social media sites or networks or pages. Such sites, networks, or pages have not necessarily been verified by The Company and are maintained by third parties, over whom The Company exercises no control. Therefore, The Company expressly disclaims any responsibility with respect to the content, material, accuracy of information, and/or quality of products or services provided by such third-party sites, available through them, or advertised on them. Furthermore, these links do not imply any endorsement of third parties, any website, or the products or services provided by third parties.
Limitation of Liability
To the extent permitted by applicable law, The Company shall in no event be liable for any indirect, punitive, incidental, special, or consequential damages arising from the use of the Website or in any way related to it or with the delay or inability to use the Website, whether contractual, tortious, by breach, deriving from objective liability, or other reason.
Release of Liability
By using the Website, you agree to defend and hold harmless The Company, its parent company, subsidiaries, and affiliates, as well as its administrators, directors, employees, and agents, against any loss, damage, liability, cost, expense (including legal fees) claimed by third parties and resulting from: (i) your use of and access to the Website; (ii) any User-Posted Content; (iii) your violation of any of these Terms; and (iv) your violation of any third-party rights, including, without limitation, any property right, privacy right, or intellectual property right.
Breach
You expressly agree that any breach or threatened breach of these Terms would cause irreparable harm to The Company that cannot be quantified in monetary terms. Consequently, THE COMPANY shall be entitled to seek injunctive relief, as well as any other remedy available to THE COMPANY.
Indemnification
You agree, if necessary, to indemnify The Company, including our officers, directors, employees, agents, representatives, and affiliates, and each of our respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers against any and all losses, damages, costs, and expenses (including attorney's fees) resulting from your misuse of the Website (including any User Content you have posted on the Site) and/or any violation of this Agreement. We reserve the right to assume the exclusive defense and control of any lawsuit, claim, or action arising hereunder or in connection with the Website and all negotiations for settlement or compromise. You agree to cooperate fully with us in the defense of any lawsuit, claim, action, settlement, or compromise negotiations, as requested by us.
Term and Termination of Agreement
These Terms shall come into effect the moment you begin to use the Website. These Terms shall terminate immediately and automatically, by notification, if you fail to comply with the provisions of clauses 1, 4, 5, and 11. Likewise, you may terminate these Terms at any time by ceasing your use of the Website. Clauses 3, 4, 7, 8, 9, 10, 11, 12, 14, 15, and this phrase of the present clause 12 shall remain in force even after these Terms are terminated, for any reason.
Waiver and Severability
The failure to strictly enforce any term of these Terms shall not be construed as a waiver of a subsequent or further breach. If any part of these Terms is deemed void or unenforceable under applicable law or a court order, the void or unenforceable provision shall be deemed removed from these Terms, and the remaining provisions of these Terms shall remain in full force and effect, as if the void or unenforceable provision had not existed.
Applicable Law and Jurisdiction
This agreement, and all rights and obligations of the parties, shall be governed by and interpreted in accordance with Mexican laws. The parties agree to submit to the jurisdiction of the courts of Mexico City, thereby expressly waiving any other forum or jurisdiction that might correspond to them by virtue of their present or future domiciles or for any other reason.
Independent Party
You are an independent contracting party. There is no joint venture, partnership, association, employment relationship, or representation between you and The Company resulting from these Terms or your use of the Website.
Assignment
You may not assign or transfer any right under this agreement without the prior written consent of The Company.
Headings
Headings are included in this agreement for convenience only.
Questions
Any questions you have about the use of the Website should be sent to the following email address: info@nyd.mx. When contacting us, please be sure to provide your exact email address, name, address, and/or phone number(s) so that we can handle your request correctly. These Terms are subject to modification at any time without prior notice. These Terms do not apply to our Corporate offices or our physical stores.