- Agreement to Terms
1.1 Contractual Relationship
These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “User,” “Customer”), and BUNKER 369, S.A. de C.V. (“Company,” “we,” “us,” “our”), concerning your access to and use of the [www.bunkeroutdoor.com] website as well as any related media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Company’s registered address is Calle 3 No. 12, Zona Industrial Alce Blanco, 53370 Naucalpan de Juárez, Estado de México, Mexico. You may contact us via telephone at +525544406611 or by email at polisship@bunkeroutdoor.com.
1.2 Acceptance
By accessing, browsing, registering on, or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by all of these Terms, our Privacy Policy, and our Shipping Policy, which are incorporated herein by reference.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1.3 Modifications
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. The most current version of the Terms will be posted on the Site with the updated “Effective Date.” Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review the Terms periodically.
- User Registration and Account Security
2.1 Eligibility
You represent and warrant that:
You are at least 18 years of age or the age of majority in your jurisdiction of residence.
You have the legal capacity to enter into a binding contract.
You will use the Site in accordance with these Terms and all applicable local, national, and international laws and regulations.
If you are using the Site on behalf of a business entity, you further represent that you have the authority to bind that entity to these Terms.
2.2 Account Creation
To access certain features, such as placing orders or creating wish lists, you may be required to register an account (“Account”). You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
2.3 Account Responsibilities
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized access to or use of your Account. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms.
2.4 Prohibited Activities
In connection with your use of the Site, you agree not to:
Systematically retrieve data or other content to create a collection or database.
Trick, defraud, or mislead us or other users.
Circumvent, disable, or otherwise interfere with security-related features.
Use any robot, spider, crawler, scraper, or other automated means to access the Site for any purpose.
Interfere with, disrupt, or create an undue burden on the Site or networks connected to the Site.
Attempt to impersonate another user or person.
Use the Site for any illegal or unauthorized purpose.
Harass, annoy, intimidate, or threaten our employees or agents.
Upload or transmit viruses or any other type of malicious code.
- Intellectual Property Rights
3.1 Ownership
The Site, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by BUNKER 369, S.A. de C.V., its licensors, or other providers and are protected by Mexican and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. No right, title, or interest in or to the Site or any content on the Site is transferred to you.
3.3 Trademarks
The BUNKER 369 name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission.
3.4 User Content
“User Content” means any content you submit, post, or display on the Site. You retain ownership of your User Content. However, by submitting User Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, distribute, and display such User Content in connection with the Site and our business. You represent that you own or have the necessary rights to the User Content you submit and that it does not violate any third-party rights.
- Purchases and Payment Terms
4.1 Product Information
We strive for accuracy in product descriptions, pricing, and availability displayed on the Site. However, we do not warrant that product descriptions, colors, or other content is accurate, complete, reliable, current, or error-free. Prices are subject to change without notice. We reserve the right to limit sales and to discontinue any product at any time.
4.2 Order Acceptance
Your order constitutes an offer to purchase. All orders are subject to acceptance by us, and we may refuse or cancel an order for any reason, including for errors in product or pricing information, suspected fraud, or inventory limitations. A contract between us will only be formed when we send you an order confirmation email.
4.3 Payment
You agree to pay all charges at the prices then in effect for your purchases. You authorize us to charge your chosen payment provider for any such amounts. We use third-party payment processors, and you agree to comply with their terms. All payments shall be in the currency specified at checkout.
4.4 Taxes
You are responsible for all sales taxes, value-added taxes (VAT), goods and services taxes (GST), or other similar taxes imposed by any governmental authority based on your purchase, except for taxes on our net income. These will be added to your total as required by law.
- Shipping, Delivery, and Title
5.1 Shipping Policy
All orders are subject to our separate Shipping Policy, which is incorporated into these Terms. You agree to provide a valid and deliverable shipping address.
5.2 Delivery Estimates
Any delivery dates provided are estimates only. We are not liable for delays caused by carriers, customs, weather, or other events beyond our reasonable control.
5.3 Title and Risk
Title to and risk of loss for physical products passes to you upon our delivery of the item to the carrier for shipment.
- Returns, Refunds, and Warranties
6.1 Return Policy
Returns and refunds are governed by our separate Return & Refund Policy. You agree to its terms by placing an order.
6.2 Product Warranty
Where provided, manufacturer warranties are in addition to your legal rights. We disclaim all other warranties, express or implied, to the fullest extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose.
- Privacy
Your submission of personal information is governed by our Privacy Policy. By using the Site, you consent to the collection, use, and disclosure of your information as described therein, which is designed to comply with applicable data protection laws.
- Disclaimer of Warranties and Limitation of Liability
8.1 “As Is” Basis
THE SITE AND ALL PRODUCTS AND SERVICES OFFERED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUNKER 369, S.A. de C.V., ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR PRODUCTS, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR PRODUCTS IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS (USD $100.00), WHICHEVER IS GREATER.
8.3 Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.
- Governing Law and Dispute Resolution
9.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United Mexican States, without regard to its conflict of law principles.
9.2 Mandatory Informal Dispute Resolution
Prior to initiating any formal proceeding, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least thirty (30) days following written notice of the dispute.
9.3 Arbitration
If the dispute is not resolved through negotiation, it shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one arbitrator appointed in accordance with said rules. The place of arbitration shall be Mexico City, Mexico. The language of the arbitration shall be English. The arbitrator’s award shall be final and binding on the parties.
9.4 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
- Termination
We may terminate or suspend your Account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation a breach of the Terms.
- Miscellaneous
11.1 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
11.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.3 Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Return Policy, constitute the entire agreement between you and us regarding the Site and supersede any prior agreements.
11.4 Assignment
We may assign our rights and obligations under these Terms without your consent. You may not assign your rights or obligations without our prior written consent.
11.5 Force Majeure
We shall not be liable for any failure to perform our obligations due to events beyond our reasonable control.
11.6 Contact Information
For questions about these Terms, please contact us at:
BUNKER 369, S.A. de C.V.
Calle 3 No. 12, Zona Industrial Alce Blanco
53370 Naucalpan de Juárez, Estado de México, Mexico
Phone: +525544406611
Email: polisship@bunkeroutdoor.com