TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS: HAND THE MOVEMENT

 These General Terms and Conditions govern the use of
the Website www.handthemovement.com (hereinafter the “WEBSITE”). This WEBSITE and the commercial brand “HAND THE MOVEMENT” are property of LM & MM Espacios En Internet, S.A. de C.V, a duly organized entity in Mexico (hereinafter “HAND THE MOVEMENT” and jointly with USER the “Parties” or individually the “Party”)

Terms of the Agreement. These Terms and Conditions, along with the
Special Terms that may apply to services or special offers available represent the entire agreement between USER and HAND THE MOVEMENT and supersede
inconsistent terms and conditions or any other prior agreement submitted by the USER to HAND THE MOVEMENT. HAND THE MOVEMENT EXPRESSLY CONDITIONS ITS
OBLIGATION TO PERFORM ON USERS’S ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE SPECIAL TERMS THAT MAY APPLY.

1. Use of the WEBSITE. USER can freely browse the HAND THE MOVEMENT Website and for certain activities you will be required to have an account. Creating an account is free and the signup process is set out on the WEBSITE. Please note that USER IS fully responsible and liable for the security of the account password and any/all use or misuse of the same. HAND THE MOVEMENT does not assume any responsibility and will not be liable, for any damages arising from or related to your failure to keep the password secure. 

 HAND THE MOVEMENT may alter, suspend, or discontinue the WEBSITE or its content at any time and for any reason or no reason, without notice. The WEBSITE may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.

2. Copyright and Trademarks. All content included on the WEBSITE, such as text, graphics, logos and photos is property of HAND THE MOVEMENT or its suppliers and collaborators and is protected by Mexican and international copyright laws. HAND THE MOVEMENT has all the applicable copyright licenses, permits and rights on the content of the WEBSITE. Nothing contained on this WEBSITE should be construed as granting any license or right to use the HAND THE MOVEMENT or any materials displayed on it, through the use of framing or otherwise, except when specified and written approved by HAND THE MOVEMENT.

3. Links to Third Parties Websites. The WEBSITE may contain links to other websites that are not owned or controlled by HAND THE MOVEMENT, so HAND THE MOVEMENT is not responsible for the content of any linked websites. Any third-party websites or services accessed from the WEBSITE are subject to the terms and conditions of those websites. The presence on the WEBSITE of a link to any other website not operated by HAND THE MOVEMENT does not imply that we endorse or accept any responsibility for the content or use of such websites and/or that we are using their trademarks for any commercial purposes.

 4. Sale contract. The sale contract between the USER and HAND THE MOVEMENT will take effect once the price of the merchandise has been covered and processed by the payment system within a period of
no more than 3 (three) business days from the date on which the USER makes the payment and provides his data. Once the payment has been covered HAND THE MOVEMENT will send an email to the USER confirming their purchase and informing that the transaction has been completed.
 

5. Price. The prices specified in each product are final, in case that a discount applies it will be duly specified. These prices include Value Added Tax (VAT) and DO NOT include shipping costs which will be specified at the end of the transaction once the shipping address is provided and the desired option is chosen (express or standard shipping).

USER may use Visa, Mastercard, American Express and PayPal as a means of payment.

6. Sale Conditions.

• USER only buy products: (i) that are available for sale and whose details appear on the WEBSITE; (ii) with delivery within the territory and countries specified on our WEBSITE and to the postal codes authorized by the logistics provider, (iii) without further marketing or profit ends by the USER.

• The products listed on the WEBSITE serve general information purposes on products marketed by this company and are offered on the page in the quantities available at the time the sales contract is perfected and with the characteristics of materials, sizes and colors visible on the WEBSITE.

• At the end of the sale, HAND THE MOVEMENT will carry out the process of confirmations and approvals of your order, which will be notified to the USER through a series of emails as follows:
(i) confirming your order, (ii) confirming the reception of the payment and (iii) confirming the shipment of your order.

• To ensure your purchase, HAND THE MOVEMENT will reserve within its inventory the product or products that you acquire for a period of 3 (three) calendar days from the date the purchase is made through the WEBSITE, period in which HAND THE MOVEMENT will verify that your payment has been successfully processed. After the aforementioned period has elapsed and in the event that the purchase and sale of products has not been completed, these will no longer be reserved and will once again be available on the WEBSITE so that another USER may purchase them.

• HAND THE MOVEMENT may reject the processing of the order, or not be able to proceed with said processing, in the following cases: (i) when the USER's credit or debit card credit institution does not authorize the payment of the sale, (ii) when the products are destined for resale or subsequent marketing, or (iii) any other situation that may prevent HAND THE MOVEMENT from processing of the order.

• In the event that HAND THE MOVEMENT is not able to process the order for any reason attributable to HAND THE MOVEMENT and the payment has already been processed, HAND THE MOVEMENT will proceed to refund the amount paid by the USER within 10 (ten) business days or the time that the applicable banking institution takes.

7. Deliveries. HAND THE MOVEMENT process orders for shipping Monday - Saturday, excluding Sundays and holidays.

All orders received on weekdays after 4:00 pm, on weekends or holidays will begin processing the following business day.

• Shipping Options and Rates.

All HAND THE MOVEMENT packages are shipped via courier service, HAND THE MOVEMENT offers different shipping options for deliveries within Mexico, USA, Canada, Latin America and Europe. Shipping discounts can be applied at checkout when the courier service is selected.

Please allow 24-48 hours after placing your order for processing.

• Tracking Your Order.

USER can check tracking number included in the confirmation email sent by HAND THE MOVEMENT.

USER can track its order´s location using the tracking number provided at the courier service selected at checkout WEBSITE.

Issues in tracking order please contact us via email

8. Returns.I tems purchased from WEBSITE which are not SALE or otherwise noted as FINAL SALE may be Returned if received within 28 days. Orders placed online via the WEBSITE are NOT applicable for exchanges, only returns.

• Payment Policy Returns

For any Returns of Online Orders please contact HAND THE MOVEMENT

If the Return request is accepted, HAND THE MOVEMENT will return the funds via the payment platform and form originally selected to make payment.

- Payments done via Stripe: The way your money is refunded depends Stripe´s policies. Stripe submits the refund to the bank immediately. If you are not seeing the refund after 10 business days, and you are still seeing the original charge in your bank statement, you should reach out to your bank for more information.

- Payments done via PayPal: How and when your money is refunded depends on how you made the original payment and PayPal´s policies. If the payment was done via PayPal balance, please allow up to 24 hours to receive the refund. If the payment was done via Credit or Debit Card, please allow up to 30 days to see it reflected on your Card bank statement.

- Payments made through gift cards or coupons: In the event that the payment has been with a gift card or a coupon, the refund will be in the same way and a new card or coupon will be generated so that the USER can use it in the store.

HAND THE MOVEMENT will not accept a Return on merchandise that has been washed, worn, damaged after receipt or missing the original tags. Any product that is damaged upon receipt must be reported to Customer Service within 48 hours of delivery or return might not be approved.

Return approval is at the discretion of our operations team and HAND THE MOVEMENT reserves the right to deny any Return that does not comply with our policy. HAND THE MOVEMENT cannot be responsible for wear and tear and any changes that occur to an item, due to the nature of garment materials.

Denied returns will be shipped back to the customer. To ensure a positive experience for all of our clients, if we identify through electronic analysis an unreasonable return pattern, we may restrict or refuse future return transactions from such clients at HAND THE MOVEMENT.

• Returns process

The collection of the package can be scheduled directly to the address of origin of the generated tracking number from Monday to Friday from 9 am to 6 pm. The client must contact directly HAND THE MOVEMENT to generate the new tracking number and send it to the USER by mail. It will provide as well the dates and time for the package pickup.

Once the package is collected, the parcel will be returned to HAND THE MOVEMENT for the return of the payment.

8. Limitation of Liability. THE ABOVE-REFERENCED LIMITED PRODUCT WARRANTY IN CLAUSE 8 IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER REMEDIES. THESE ARE THE ONLY REMEDIES OF USER FOR ANY BREACH OF WARRANTY OR ANY OTHER CLAIM. HAND THE MOVEMENT TOTAL LIABILITY ARISING OUT OF THE SUPPLYING OR USE OF PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE SHALL NOT IN ANY CASE EXCEED THE COST OF THE GOODS SOLD FOR WHICH ANY CLAIM IS MADE. IN NO CASE SHALL HAND THE MOVEMENT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES.
USER AGREES TO INDEMNIFY AND HOLD HAND THE MOVEMENT HARMLESS FROM ALL CLAIMS, DEMANDS, AND COSTS, INCLUDING REASONABLE ATTORNEY FEES, MADE BY THIRD PARTIES AGAINST HAND THE MOVEMENT RELATING TO USERS'S USE OF THE PRODUCTS OR THE WEBSITE, AND TO PAY ANY COSTS AND EXPENSES INCURRED BY HAND THE MOVEMENT TO ENFORCE USERS'S OBLIGATIONS.

9. Force Majeure. HAND THE MOVEMENT is not liable for any delay or failure to perform where, in HAND THE MOVEMENT sole judgment, such timely performance is commercially impracticable, or where such delay or failure to perform is caused by conditions beyond HAND THE MOVEMENT control, including without limitation, acts of God or force majeure, acts of governmental authorities, changes in applicable law, fire, flood, labor dispute, shortage, insurrection, war, or terrorism


10. Modifications. USER acknowledges and agrees that HAND THE MOVEMENT shall have the right to modify or amend in full or in part, at any time and without previous consent required by the USER or other party, these General Terms and Conditions.

11. Choice of Law. For any interpretation, fulfillment or enforcement of this Terms and Conditions, HAND THE MOVEMENT and USERR subject themselves to the jurisdiction of the competent Courts of Mexico City agreeing to apply Federal Mexican law, and hereby expressly waive any other jurisdiction or law that could apply to them due to their present or future domiciles.


12. Consumers’ Protection. USER acknowledges and accepts that these General Terms and Conditions are in accordance with the Consumers’ Protection Federal Act, its Regulations and related legal instruments.

13. Data protection. The personal data for which HAND THE MOVEMENT is responsible shall always be processed in accordance to the provisions and principles of the Mexican Data Protection Act (“Ley Federal de Datos Personales en Protección de Particulares”) and its Regulations. Leco takes all the necessary measures to protect your personal information. For more information please go to our Privacy Notice.

14. Severability. If any provision of this Terms and Conditions is held to be invalid, illegal, unenforceable or in conflict with the applicable law, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired.