Conditions of Use
Clauses
ACCEPTANCE.
The following Terms and Conditions of Use govern the products and services (hereinafter collectively referred to as the “Services”) offered by Motiprints, S.A. de C.V. and/or Moti Digital, S. de R.L. de C.V. (hereinafter “Motistore”), which may be requested by the USER through the website or the pages or sites hosted, located, or linked to or on it, which is located at www.motistore.us (hereinafter the “Website” or the “Portal”), or requested in person, or by any other means that Motistore makes available for such purposes; therefore, the USER hereby states the following: by using the Website and/or requesting Motistore’s Services (through the Website, in person, or by any means that Motistore makes available for such purposes), and/or maintaining any type of communication with Motistore, I EXPRESSLY ACCEPT AND SUBMIT TO the Terms and Conditions, the Privacy Notice, and the Usage and Cookie Policies, as well as any other related document issued by Motistore, providing consent for this purpose via electronic means, in accordance with the provisions of Article 1803 of the Federal Civil Code.
Therefore, Motistore recommends that the USER carefully read the Terms and Conditions, the Privacy Notice, the Usage and Cookie Policies, and any other related documents issued by Motistore, as they may be updated and/or modified by Motistore at any time without the need for direct personal notification to the USER. In connection with the foregoing, the USER may review the updated version of such documents on the Website at any time.
SERVICES.
THE USER agrees that the provision of services will be carried out as follows:
1. A) QUOTES: Prior to the provision of the Services, a written quote will be provided, which the USER may receive depending on the method by which they requested the Services; that is, they may receive it via the Website, by email, by mail, in person, or through other methods established by Motistore for this purpose, and which will be subject to the general terms and conditions of sale. Quotes will be valid for 15 calendar days from the date they were issued.
2. B) The USER: The USER shall accept the quote by providing express consent through the same channels used to request the Services, namely via the Website, email, regular mail, in person, or any other methods established by Motistore for this purpose. Such quote shall include, at a minimum, a description of the Service(s), the design, estimated timelines, method of shipment or receipt of the Service(s), shipping costs, an indication of whether the order is urgent (if applicable), and installation or assembly times.
3. C) ORDERS: Orders are subject to the factory’s available capacity at the time of receipt. Production times are estimates, so the delivery times provided are subject to change without liability to Motistore.
4. D) DESIGNS: If the USER requests changes to a design that has already been approved, Motistore reserves the right to charge an additional fee for redesign, and in no case shall any proposed changes result in a reduction or decrease in price; furthermore, Motistore may extend the scheduled delivery date without any liability.
5. E) COLOR ACCURACY: The colors in the approved files are reproduced as closely as possible, but they do not always match the color and density exactly due to limitations inherent in the printing process as well as normal color variations in printing inks. Color reproduction is not guaranteed. By placing an order with Motistore, the USER agrees to this limitation. Motistore makes every effort to match the density gradient of each color, but it is understood that variations representing reasonable differences in tone, density, and brightness will be acceptable. Motistore is not responsible for color matching or ink density in the online proofs approved by the USER. Online proofs are intended to predict the layout, text accuracy, image proportions, and placement, but not the color or density. The application of UV coating may affect or alter the appearance of printed colors.
6. F) PACKAGING: Motistore packages its products in a manner that ensures their identification and integrity; however, it is not liable for mishandling or damage that may be caused by third parties during the transport of the merchandise. Special packaging may be provided for an additional fee if requested by the USER.
7. G) SHIPPING COSTS: The USER shall pay Motistore the following amounts for shipments outside its delivery areas: As per the provided quote.
8. H) URGENT ORDERS: The USER may place urgent orders. Urgent orders are defined as those requested for fulfillment within 3 days of the request, which are always subject to Motistore’s approval and incur an additional cost (for both the Service and shipping, if applicable). Furthermore, the USER releases Motistore from liability in the event of any failure to perform or delay.
PAYMENTS.
The USER agrees to pay the amounts specified in each order, in the manner and within the timeframes established for that purpose. Any USER whose account with Motistore has overdue debts will not have any orders processed, nor will any Services be billed to them, until they settle the amounts owed to Motistore.
CLAIMS.
The USER may file claims with Motistore, provided they meet the requirements for doing so, which will render the claim valid. For any claim, it is important to have:
1. An invoice issued by Motistore containing a description of the Services.
2. Proof of payment in the form of the payment receipt for the corresponding invoice.
3. A defect exists as set forth below.
WARRANTY FOR VALID CLAIMS.
The warranty applies in cases of missing graphics or printing defects, which are defined as any issues that meet the requirements of the “DEFECTS” clause, provided that Motistore is notified in writing within 24 (twenty-four) hours of receiving the Service.
WARRANTY EXCLUSIONS.
The warranty shall not apply in the event that:
1. Repairs or modifications are made to the products or services by a person not authorized by Motistore.
2. The product has suffered substantial, irreparable, or serious damage as a result of improper application or use attributable to the USER.
3. If the warranty claim is untimely, Motistore’s liability arising from a product’s malfunction or appearance shall be limited to covering the product warranty and shall not include any additional costs arising from lost profits, damages to third parties, consequential damages, removal, or on-site installation.
All expenses incurred for work performed by Motiprints, S.A. de C.V. and/or Moti Digital, S. de R.L. de C.V. arising from a product warranty claim that is not valid shall be borne by the USER.
ACT OF GOD OR FORCE MAJEURE.
Motistore shall not be liable for any failure to perform due to unforeseeable circumstances or force majeure (including, but not limited to, natural disasters, fires, floods, strikes, seizures, riots, or any other event) that renders the provision of the Services impossible. Accordingly, the USER shall bear any losses or damages that may result therefrom.
DEFECTS.
Motistore will be liable for defects in any Service, provided that the following requirements are met:
1. The product was printed using a sample provided by the USER.
2. Written authorization is provided.
3. The characteristics and conditions of the Service are specified.
In the absence of an authorized sample, the product will be produced based on default file settings. Therefore, if no sample is provided, color accuracy will not be covered by Motistore’s warranty.
RETURNS.
Returns will only be accepted in cases where Motistore determines that the service contained errors or defects attributable to it.
REPRINTING.
Reprinting of materials due to missing items, printing defects, or finishing issues applies only to: materials, dimensions, and files identical to those initially requested; any changes not made by Motistore will be treated as a new order.
PURPOSE AND CARE OF THE SERVICES TO BE PROVIDED BY THE USER.
The Services provided by Motistore are intended exclusively for decorative and advertising purposes; therefore, any use other than that agreed upon will void all liability and agreed-upon warranties. The Services are intended for indoor use only, unless otherwise specified in writing.
Signage products must be specified in the quote regarding their intended use and expected lifespan. They must have the appropriate coating to be considered washable; otherwise, the warranty does not apply.
If the USER handles the installation permits and the installation is not carried out due to circumstances beyond Motistore’s control, this may result in additional visit fees.
Motistore is not liable for materials not offered as standard products, nor for materials provided by the USER; the material must be inspected upon receipt, as warranties are no longer valid 24 (twenty-four) hours after the material is received.
WEBSITE AND LINKS TO THIRD-PARTY SITES.
Motistore may provide links on its Website to other Internet sites and/or third-party resources. Since Motistore has no control over such sites or their resources, the USER acknowledges and agrees that Motistore is not and will not be responsible for the availability of such external sites unrelated to Motistore or for access to them, nor for the resources they use, nor does it guarantee that the site contains legitimate and/or lawful information, and it does not and will not accept liability for the inability to access them or for any content, advertisements, products, or other materials on or available through such sites or resources. Similarly, Motistore shall not be liable for any loss or damage caused or allegedly caused by or in connection with the use or security of such content, products, or services available on or through any of such sites or resources.
COOKIE POLICY.
Cookies are files that the Website installs in your browser or device while you browse the site, and they are used to store information about the USER’s visit. Cookies are used to:
* Ensure the proper functioning of the Website.
* Store the USER’s preferences.
* Understand the USER’s browsing experience.
* Collect statistical information, such as which pages the USER has visited or how long they have been on the Website.
The use of cookies allows us to optimize the USER’s browsing experience by tailoring the information and services offered to their interests, thereby providing a better experience whenever they visit the Website. The Website uses cookies to function, adapt, and make the USER’s browsing experience as seamless as possible.
Cookies are associated solely with an anonymous USER and their computer/device and do not provide references that allow for the identification of personal data. At any time, the USER may access their browser settings to modify and/or block the installation of Cookies sent by the Website, without this preventing the USER from accessing the content. However, the quality of the Services’ performance may be affected.
Motistore’s email marketing tools may use small images invisible to users that are included in emails. This technology allows Motistore to know whether an email has been read or not, on what date, the IP address from which it was viewed, etc. This information can be used to conduct statistical and analytical studies on the sending and receiving of emails to improve the Services to which the USER is subscribed and to provide information that may be of interest to them.
Cookies are used for the following purposes:
* From a technical standpoint, they allow the Website to adapt more efficiently to the USER’s preferences.
* They establish levels of protection and security that prevent or hinder cyberattacks against the Website or the USER.
* They provide statistical data collected through Cookies to improve the quality and experience of the Services.
* They serve to optimize the advertising shown to USERS, offering content that best aligns with their interests.
Motistore may use the following types of Cookies on the Website:
Session Cookies: These expire when the USER leaves the Website or closes the browser; that is, they remain active for the duration of the visit to the Website and are therefore deleted by Motistore upon departure.
Persistent cookies: These expire when the purpose for which they were created is fulfilled or when they are manually deleted; they have a set expiration date and are typically used in Service request processes, personalization, or during registration.
On the other hand, depending on which entity manages the device or domain from which the cookies are sent and processes the data obtained, a distinction is made between first-party and third-party cookies.
First-party cookies: these are cookies that are sent and managed exclusively by Motistore to ensure the optimal functioning of the Website. The information we collect is used to improve the quality of our Services and the USER’s experience.
If you interact with the content on our Website, third-party cookies may also be set; these are cookies set by a domain other than the Website. Motistore cannot access the data stored in cookies from other websites, so Motistore is not responsible for how they are used.
LIABILITY.
Motistore cannot in any way guarantee that the Services: (A) will meet the appropriate, required, or expected requirements of each USER; (B) will be uninterrupted; (C) will be delivered on time; (D) will be delivered at a certain speed; (E) will be error-free; (F) or that the results obtained from their use will be accurate and/or reliable. Motistore shall not be liable for any direct, indirect, moral, special, or consequential damages resulting from the use of the Services or the inability to use them.
Motistore shall not be liable for material that has been in storage for more than 30 (thirty) calendar days. This is because the average turnaround time for jobs is between 72 (seventy-two) and 96 (ninety-six) hours for orders (this timeframe may vary, with no liability on Motistore’s part).
SERVICE LIMITATIONS.
FILTERING. We do not review all content uploaded to the Services or Platforms, but we may use available technologies, providers, or processes to detect certain types of illegal content (for example, offensive photographs or content that may infringe on a third party’s rights or have legal implications) or any other inappropriate content or behavior (such as activity patterns indicating spam or impersonation, as well as keywords indicating that adult content has been posted); if detected, we reserve the right to provide any type of service.
DISCLOSURE.
We may access or disclose information about you or your use of the Services or the Software: (1) when required by applicable law (for example, if we receive a valid subpoena); (2) to respond to customer support requests; or (3) when, in our sole discretion, we believe it is necessary to protect the rights, property, or personal safety of our users, the public, or ourselves.
LIABILITY.
We disclaim all liability for legal consequences and reserve the right to suspend or terminate services for content that involves conduct infringing upon the intellectual property rights of any party (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, unfair competition, trade secret, right to privacy, and any other proprietary rights); uploading or sharing any content that is illegal, harmful, abusive, threatening, harmful to third parties, defamatory, libelous, vulgar, lewd, profane, hateful, or invades the privacy of a third party; impersonating another individual or entity, making false statements, or otherwise falsely claiming affiliation with an individual or entity; attempting to disable, impair, or destroy the service and software; store, upload, transmit, or make available any content or code containing viruses, malicious code, malware, or any component designed to damage or limit the functionality of the service or the software; interrupt, obstruct, or inhibit any other user’s use of the service or the software (such as stalking, intimidating, harassing others, inciting others to commit violent acts, or harming minors in any way); violate applicable laws (including, without limitation, where applicable, any applicable international, federal, or state laws within Mexican territory).
CONFIDENTIALITY.
Both Motistore and the USER agree to maintain the strictest confidentiality regarding any information they receive from one another or that is generated in connection with the provision of any of the Services, whether in oral or written form, including, but not limited to, the information contained in the Contracts, their annexes, Terms and Conditions, and Privacy Notice, among other applicable documents, or by electronic means, hereinafter referred to as “Confidential Information”; and agree that such information shall be used exclusively for the purposes set forth in the Contracts, Terms and Conditions, and Privacy Notice, as well as in the documentation related to said documents. Accordingly, both Parties agree to:
1. A) Not disclose the Information to third parties without the prior written consent of the other Party, except to employees, agents, internal and external advisors, representatives, or any other authorized person, and other parties specified in the Privacy Notice, for the purpose of satisfactorily fulfilling the purposes described therein; on the understanding that the Party that fails to comply with the provisions of this instrument shall be solely liable for any damages caused by such persons due to the disclosure of the Information;
2. B) Take all necessary measures to keep the Information confidential, and hereby agrees to immediately notify the other Party if such Information is at risk of falling into the hands of unauthorized third parties;
3. C) Take the necessary measures to ensure that its officers, directors, employees, agents, internal or external advisors, service providers, and all persons who have direct or indirect professional relationships with them comply with the commitments assumed herein; and, DATA. Data will be processed in accordance with the Privacy Notice issued by Motistore, which is accepted by the USER.
INTELLECTUAL PROPERTY.
The intellectual property rights to the Website, its source code, design, navigation structures, and the various elements contained therein are owned by Motistore, which holds the exclusive right to exploit them in any form. Motistore informs the USER that it does not grant any express or implied license or authorization regarding intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the content included on the Website.
The reproduction, in whole or in part, of the Website’s content is strictly prohibited. Unauthorized use of this content will result in the legal liabilities established by law. Motistore shall not be liable for any violations committed by the Website User that affect third parties.
ASSIGNMENT OF RIGHTS.
The USER may not assign or transfer all or part of their rights or obligations arising from any legal relationship with Motistore without Motistore’s prior consent.
Motistore may assign or transfer all or part of its rights or obligations at any time, without the need for prior notice to the USER.
TERMS AND CONDITIONS FOR PRODUCTS FROM THE MOTISTORE.COM ONLINE STORE:
Motistore.us reserves the right to modify or discontinue the services offered, regardless of whether the contracting party was notified prior to contracting the services.
Motistore.us may send promotional news and information about new services, etc. This communication may be made directly via mail, telephone, cell phone, email, SMS, MMS, and other means that may be created or made available.
Motistore.us may occasionally modify the terms of service, notifying the contracting party of the technical specifications of each product. The contracting party’s use of the services following these modifications will be deemed to be in accordance with the changes made.
WARRANTY AND TOLERANCE POLICY:
Motistore.us is not liable if the content of the files submitted contains issues such as text editing errors, incorrect names, phone numbers, spelling mistakes, measurements, or other elements of the artwork that do not meet the quality requirements outlined on the website.
Motistore.com guarantees the reprinting of submitted files only for defects related to the printing process.
Motistore.us does not guarantee color accuracy under any circumstances. Prints may exhibit different color intensities and tones compared to the screen or printed sample, as well as compared to reprints. Prints may exhibit variations in tone and/or intensity within the same batch of up to 15%, which does not constitute a printing defect, nor do color deviations between two or more orders compared to a larger order. Between individual sheets, the tolerance limit for cuts or folds, and finished shapes, for all materials, is a maximum variation of 3mm.
There may be color variations of up to 15% between the first and last prints of the same file within the same batch; this does not constitute a printing defect. All our shipments are handled by an external company; therefore, delivery dates are estimates and the delivery date may change without prior notice.
All orders with approximately 15% variation undergo a manual inspection to remove the majority of printing defects. Occasionally, some units with printing defects may be included in the packages, but this does not warrant a reprint.
If, during the manual inspection, it is found for any reason that the material loss is less than 15%, no reprinting will be done. Reprinting will only be performed when the material damage exceeds 16% of the total.
In all cases, to proceed with reprinting the material, the full return of the defective material or photographic evidence will be required.
The production timeline for the warranted products (reprints) will be established once the warranty has been validated.
If the prints and/or products arrive damaged, incorrect, or unusable, the deadline for filing claims regarding any defects is 48 calendar hours following the date of completion of the requested production, except for claims regarding amounts, which must be filed at the time of delivery or pickup. No other claims will be accepted after this deadline.
After 48 hours from the delivery of the order, Motistore.us is not liable for it.
CONTACT FOR CLAIMS AND QUESTIONS.
If you wish to contact us with any questions and/or for clarification, our contact information is as follows: Motiprints, S.A. de C.V. and/or Moti Digital, S. de R.L. de C.V., located at Calle 1 No. 1375-5, Zona Industrial, C.P. 44960, Guadalajara, Jalisco, Mexico. Phone: +1 (555) 959-2686; email: hello@motistore.com.
100% QUALITY GUARANTEE
Your photo product undergoes a rigorous quality control process before being shipped. Why do we do this? Because we believe that good memories deserve the best. Unforgettable adventures with your loved ones, your wedding, your child’s first photos—these are moments you’ll never forget.
The 100% quality guarantee is all about your satisfaction. We want you to be happy. Imagine the excitement when you receive your personalized merchandise, made entirely by us. This is exactly what we hope to feel when you entrust us with your memories. After all, your happiness is our pride.
MOTIPRINTS, S.A. DE C.V.