These Terms and Conditions (“Terms”) is effective April 05, 2026.
PLEASE READ THESE TERMS CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS
AND CONDITIONS FOR YOUR ACCESS AND USE OF THE Dermuns Ataraxia WEBSITE AND
SERVICES. THESE TERMS LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO ARBITRATE ANY
DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US
IN A CLASS ACTION FORMAT.
This website and/or store is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and Services to you. Throughout the website the terms
“Dermuns Ataraxia, DAC,” “we,” “us,” and “our” refer to Dermuns Ataraxia Clothing and its affiliates,
successors, and assigns. The words “you” and “your” refer to each individual user accessing and using
our website and services. Dermuns Ataraxia offers this website and mobile app including all
information, tools, and services available from this website to you, the user, conditioned upon your
acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing products from us, you engage in our “Service” and agree to
be bound by these Terms, including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms apply to all users engaging in our Service, including
without limitation users who are browsers, vendors, customers, and/or merchants.
Please read these Terms carefully before accessing or using our Service. By accessing or using any
part of our Service, you agree to be bound by these Terms.
We are committed to making our Service accessible for all users and will continue to take steps
necessary to ensure compliance with applicable laws in Mexico. If you have difficulty accessing any
content, feature, or functionality of our Service, please Contact Us.
GENERAL CONDITIONS
By using our Service you are representing you are 18 years of age or older and are legally capable to
enter into contracts. We will not be liable for any damages that may result from misrepresentation of
age by a user of our Service. We reserve the right to refuse Service to anyone for any reason at any
time.
You understand that any information or content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service, use our
Service, or access our Service or any content on our website and mobile app through which our
Service is provided, without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise
affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on our website and mobile app is not accurate,
complete or current. The material on our website and mobile app is provided for general information
only and should not be relied upon or used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of information. Any reliance on the
material on our website and mobile app is at your own risk.
Our website and mobile app may contain certain historical information. Historical information may not
be current and is provided for your reference only. We reserve the right to modify the contents of our
website or our mobile app at any time, but we have no obligation to update any information on our
website or mobile app. You agree that it is your responsibility to monitor changes to our website and
mobile app.
PRODUCTS
We cannot guarantee the availability of a particular product at any particular time. We reserve the right
to change our product offerings on our website and/or mobile app, without notice, at any time. We also
reserve the right to change contents, features and offerings, and adjust accessibility, of our website and
mobile app from time to time in our sole and absolute discretion.
We attempt to be as accurate as possible when describing products. We do not warrant that product
descriptions or other content of our website and mobile app is accurate, complete, reliable, current or
error free.
Dermuns Ataraxia will not be held liable for any indirect, punitive, incidental, special or consequential
damage arising out of or connected with your misuse of our products, including without limitation any
use for an unintended, illegal or unauthorized purpose.
MODIFICATIONS TO OUR SERVICE AND PRICES; SHIPMENTS AND RETURNS
Prices for our products are subject to change without notice. We reserve the right at any time to modify
or discontinue any of our products or our Service without notice at any time. The receipt of an e-mail
order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All
orders are subject to our review and approval. If Dermuns Ataraxia chooses to accept an order, such
acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the
order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of any product or our Service.
Please refer to our Returns/Exchange policy and Shipping/Ordering FAQ found on our homepage for
further details regarding our shipping, ordering and return/exchange policies.
ACCOUNTS
Some features of our Service require that you register and create an account. When you create an
account with us, you guarantee that you are over the age of 18 and that the information you provide us
is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may
result in the immediate termination of your account and use of our Service. As part of the registration
process, you may be issued credentials, usually in the form of a unique username and password
(“Account Credentials”). You are responsible for maintaining the strict confidentiality of your Account
Credentials, including but not limited to the restriction of access to your device and/or account.
By signing up for an account, you agree that we may send you messages electronically to the email
address you provided regarding your orders, cart reminders to complete your orders and
announcements and promotions of Dermuns Ataraxia.
Your commitment to maintaining the strict confidentiality of your Account Credentials is a material
condition of your access and use of certain features of our Service. You agree to accept responsibility
for any and all activities or actions that occur under your Account Credentials. You must not allow
others to use your Account Credentials, and you agree to notify us immediately if you have reason to
believe that someone is using your Account Credentials without your permission or upon becoming
aware of any breach of security or unauthorized use of your account. Except to the extent required by
law, we will not be liable for any losses arising out of the unauthorized use of your Account Credentials,
either with or without your knowledge.
When creating an account, you may not use as a username:
the name of another person or entity that is not lawfully available for use;
a name or trademark that is subject to any rights of another person or entity other than you, without
appropriate authorization; and/or
any name that is offensive, vulgar or obscene.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to
access and use our website and/or mobile app or any component thereof and to block or prevent future
access to and use of our website and/or mobile app and to delete your account and any related
information.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
If you wish to purchase any product made available through our Service (“Purchase”), you may be
asked to supply certain information relevant to your Purchase, including without limitation your credit
card number, the expiration date of your credit card, security code, your billing address and your
shipping information.
You agree to provide current, complete and accurate purchase and account information for all
Purchase made through our Service. You agree to promptly update your account and other information,
including without limitation your email address and credit card numbers and expiration dates, so that we
can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same credit card, and/or orders that use the
same billing and/or shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the
time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment
method(s) in connection with any Purchase; (b) the information you supply to us is true, correct and
complete; and (c) that you will pay for all charges incurred through the use of your account (if
applicable).
Our Service may employ the use of third-party services for the purpose of facilitating payment and the
completion of Purchase. By submitting your information, you consent to our use and disclosure of the
information to these third-parties subject to our Privacy Policy, which is incorporated herein by
reference (“Privacy Policy”).
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control
nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any
warranties, representations or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website and mobile app is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the terms on which tools
are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our website and mobile app
(including, the release of new tools and resources). Such new features and/or services shall also be
subject to these Terms.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third
parties.
Third-party links on our website and mobile app may direct you to third-party websites, tracking
technologies or software that are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility
for any thirdparty materials, procedures, websites or software, or for any other materials, products, or
services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any thirdparty websites or
software. Please review carefully the thirdparty’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or questions regarding
thirdparty products, materials, software or services should be directed to the third party.
SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence from accessing or linking
the social media features on our Service (“Internal Social Media Features”) or from comment sections,
feeds, and other elements of social media presence viewable on Facebook, Twitter now "X", YouTube,
Pinterest, or any of the many other available external third-party social media platforms we may utilize
(“External Social Media Presence”).
Social media platforms are places of public information exchange, and you should have no expectation
of privacy when using them. Specifically, neither these Terms nor our Privacy Policy apply to our
External Social Media Presence. The sites and platforms that host our External Social Media Presence
are not controlled by us and therefore have their own privacy policies and terms of use. The comments
and opinions expressed by users on social media are theirs alone and do not reflect our opinions.
Comments that some would consider inappropriate or offensive may appear on our Internal Social
Media Features as well as our External Social Media Presence and may remain there until they have
been identified by us or called to our attention and we are able to work through the necessary
procedures and technical processes to have them removed.
If you see an offensive or inappropriate post or comment on our External Social Media Presence, you
should report it to the operator of the applicable site or platform using the procedures they have
established for that purpose. If you see such a post on Internal Social Media Features it should be
reported directly to us via the contact information below.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions or creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise, whether with or without our consent
(collectively, “Posts”), you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any Posts that you forward to us. We are and
shall be under no obligation: (a) to maintain any Posts in confidence; (b) to pay compensation for any
Posts; or (c) to respond to any Posts.
By providing Posts you: (i) represent and warrant that (1) you own or otherwise have all necessary
rights to the Posts and have the right to grant the applicable license set forth herein, and (2) that the
Posts comply with all applicable laws; and (ii) grant to us a royalty-free, worldwide, perpetual,
irrevocable, non-exclusive, fully paid, and fully transferable, assignable, and sublicensable worldwide
right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform, display, publish, broadcast, make, sell, export, and otherwise use the Posts (in
whole or part) on this website, mobile app or otherwise, and/or to incorporate it in other works in any
form, media or technology now known or later developed. We cannot be responsible for maintaining
any Posts that you provide to us; therefore, you should retain copies of all such data and information for
your own records.
You represent and warrant that your Posts does not violate any third-party intellectual property,
publicity, privacy or contract rights. You shall not submit any Posts which are libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise
objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or
that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may
screen or monitor Posts for legal or other purposes, though we have no obligation to do so. We assume
no and disclaim all responsibility or liability arising from the Posts or for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any Posts. We
reserve the right, in our sole discretion, to reject, refuse to use, or remove or modify any Post by you, or
to restrict, suspend or terminate your access to all or any part of our Service at any time, for any or no
reason, with or without prior notice, and without liability.
COPYRIGHT
Our website and mobile app are protected under copyright law and all rights reserved except as
expressly provided herein. Individual documents may contain different copyright notices and/or
additional proprietary notices. If you believe that your work has been copied in a way that constitutes
copyright infringement, please notify the agent for notice of claims of copyright infringement (“Copyright
Agent”), at ayuda@dermuns.com.
In order to be effective, a notice of copyright infringement must be made in writing and include:
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works
are covered by a single notification, a representative list of such works;
b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably sufficient to
permit the Copyright Agent to locate the material (e.g., the URL);
c. Your contact information, such as an address, telephone number, and email address at which you
may be contacted;
d. A statement that you have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
e. A statement that the information in the notification is accurate, and under penalty of perjury, that you
are the owner of the exclusive right that is allegedly infringed or that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed; and
f. Your physical or electronic signature.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Dermuns
Ataraxia has adopted a policy of limiting access to or terminating the online accounts of users who are
deemed repeat infringers. Under Dermuns Ataraxia’s policy, a ‘repeat infringer’ is any user who
repeatedly fails to adhere to Dermuns Ataraxia’s Terms and Conditions or local law by repeatedly
submitting content that infringes the rights of another party.
INTELLECTUAL PROPERTY
The content, organization, graphics, design, compilation, and other matters related to our website and
mobile app are protected under applicable Mexico and international copyright, trademark and
intellectual property laws. Dermuns Ataraxia, DAC, Dermuns Ataraxia Clothing, DAW, Dermuns
Ataraxia World, F.A.R Studios, Fantasies and Realities, the Dermuns design logo, Dermuns Ataraxia
Clothing logo and DAC design logo and our logos and other marks are either trademarks or registered
trademarks of Dermuns Ataraxia (“Trademarks”). Unless disclosed otherwise in writing, we exclusively
own all worldwide right, title and interest in and to all the Trademarks, documentation, software,
contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations,
magnetic translations, digital conversions and other materials included within our website and mobile
app and related to our website and mobile app, and all modifications and derivative works thereof, and
all intellectual property rights related thereto (“Intellectual Property”). The posting of information or
materials on our website and mobile app by us does not constitute a waiver of any rights in any
Intellectual Property or such information and materials. You will not challenge, contest or otherwise
impair Dermuns Ataraxia’s ownership of the website, mobile app and the content therein or the validity
or enforceability of Dermuns Ataraxia’s rights in the Intellectual Property. We reserve the right in our
sole discretion to edit or delete any information or other content appearing on our website and mobile
app at any time without notice. Nothing contained in these Terms will be construed by implication,
estoppel or otherwise as granting you an ownership interest in the Intellectual Property or any
copyright, trademark, patent or other intellectual property right of Dermuns Ataraxia or any third party.
None of the material on our website and mobile app may be downloaded, distributed, reproduced,
republished, posted, transmitted or copied in any form or by any means, without the prior written
permission of Dermuns Ataraxia, which permission may be withheld in our sole and absolute discretion.
PERSONAL INFORMATION
Any and all information that we obtain from you, or from transactions processed through our Service,
including without limitation, names, addresses, telephone numbers, e-mail addresses and any other
information concerning use, transactions, and traffic through the website and mobile app may be
collected and used by us as provided in our Privacy Policy. You confirm that you have read and agree
to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and
disclaim all representations or warranties with regard to the sufficiency of the security measures used
for data handling and storage. WE WILL NOT BE RESPONSIBLE FOR ANY SPECIAL,
CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN
COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL
MALFUNCTION TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website, mobile app or in our Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times, and availability. We reserve the right to
correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if
any information in our Service or on any related website or mobile app is inaccurate at any time without
prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in our Service or on any related
website or mobile app, including without limitation, pricing information, except as required by law in
Mexico. No specified update or refresh date applied in our Service or on any related website or mobile
app, should be taken to indicate that all information in our Service or on any related website or mobile
app has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website,
mobile app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property
rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the functionality or operation
of our Service or of any related website, other websites, mobile app or the Internet; (h) to collect or
track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j)
for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our
Service or any related website, other websites, mobile app or the Internet. We reserve the right to
terminate your use of our Service or any related website or mobile app for violating any of the
prohibited uses.
MOBILE ACCESS
If you use a mobile device to access our website and/or mobile app, you acknowledge and agree that:
(a) you are solely responsible for all message and data charges that apply to use of your mobile device
to access our website and/or mobile app or any related Service; and (b) all such charges are billed by
and payable to your mobile service provider. Please contact your participating mobile service provider
for pricing plans, participation status and details. You further understand that service may not be
available in all areas at all times and may be affected by product, software, coverage or service
changes made by your mobile service provider or otherwise. Additional provisions may apply to your
use of our mobile applications based on the type of mobile device that you use.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Dermuns Ataraxia DOES NOT WARRANT THE QUALITY, ACCURACY, OR COMPLETENESS OF
ANY CLAIMS, STATEMENTS, OR INFORMATION ON THIS WEBSITE OR MOBILE APP. FURTHER,
Dermuns Ataraxia MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE
INFORMATION AND/OR PRODUCTS SHOWN ON THIS WEBSITE, MOBILE APP OR ANY OTHER
WEBSITE OR MOBILE APP FOR ANY PURPOSE. ALL PRODUCTS AND INFORMATION ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
IN NO EVENT SHALL Dermuns Ataraxia BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OUR SERVICE OR CONTENT AVAILABLE ON THIS WEBSITE
OR MOBILE APP.
Dermuns Ataraxia DOES NOT WARRANT THE INFORMATION, SERVICES, OR PRODUCTS
PROVIDED HEREIN OR YOUR USE OF OUR SERVICE GENERALLY, EITHER EXPRESSLY OR
IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE
ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS ON THE
WEBSITE OR MOBILE APP; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE
DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER
CONTENT AVAILABLE ON THE WEBSITE OR MOBILE APP ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT, OR ERROR-FREE. Dermuns Ataraxia WILL NOT BE RESPONSIBLE FOR
ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF
ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE OR MOBILE
APP. Dermuns Ataraxia CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY,
TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU
FOR ANY PARTICULAR PURPOSE. YOU UNDERSTAND THAT DERMUNS ATARAXIA DOES NOT
OPERATE OR CONTROL THE PRODUCTS, SERVICES INFORMATION, ADVICE OR CONTENT
OFFERED BY ANY THIRD PARTY THAT PARTICIPATES IN THE Dermuns Ataraxia WEBSITE OR
MOBILE APP. NEITHER Dermuns Ataraxia, NOR ANY OF ITS AFFILIATES, MANAGERS,
MEMBERS, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD-PARTY VENDOR, WILL
BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT
YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE OR MOBILE
APP, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN
MAKING THIS WEBSITE OR MOBILE APP, THE DATA CONTAINED HEREIN OR THE PRODUCTS
OR SERVICES OFFERED ON THIS WEBSITE OR MOBILE APP AVAILABLE TO YOU, OR FROM
ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE
WEBSITE, MOBILE APP OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES
GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF DERMUNS
ATARAXIA OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES. IN NO EVENT WILL
Dermuns Ataraxia OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR
TORT, FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY
OTHER DAMAGES OF ANY KIND EVEN IF Dermuns Ataraxia OR ANY OTHER SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES,
BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR
EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION
LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS
YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR
ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. Dermuns Ataraxia
CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS
TO THE WEBSITE AND MOBILE APP.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL
INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Dermuns Ataraxia IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR
RELATING TO OUR SERVICE, THE CONTENT, OR THESE TERMS EXCEED ONE THOUSAND US
DOLLARS (US $1,000.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE
STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Dermuns Ataraxia and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, from loss, liability, costs, damages or expenses from any and all
claims, actions and suits, whether groundless or otherwise, and from and against any and all claims,
judgments, damages, obligations, losses, liabilities, costs or debt, and other expenses of any nature
(including reasonable attorney’s fees), resulting or arising in any way from your use and access of our
Service, our website, our mobile app, your Purchase, your account, any acts or omissions by you or on
your behalf with respect to any Purchase and/or any Posts, or your breach of applicable laws, these
Terms or the documents and policies referenced herein. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with our defense of such claim.
SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and
the unenforceable portion shall be deemed to be severed from these Terms, such determination shall
not affect the validity and enforceability of any other remaining provisions.
TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use our Service. We
may (a) suspend your rights to use our Service (as well as your Dermuns Ataraxia account) or (b)
terminate these Terms, at any time for any reason at our sole discretion, including for any use of our
Service in violation of these Terms or if we believe you are younger than 18 years old. Upon
termination of these Terms, your Dermuns Ataraxia account and right to access and use our Service
will terminate immediately. Dermuns Ataraxia will not have any liability whatsoever to you for any
termination of these Terms, including for termination of your Dermuns Ataraxia account.
The provisions herein related to our Intellectual Property, Trademarks, Posts, acceptable use,
disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights
and obligations which by their nature are reasonably intended to survive such termination, will survive
any termination of these Terms.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a
waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this website, mobile app or in respect
to our Service constitutes the entire agreement and understanding between you and us and govern
your use of our Service, superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not limited to, any prior versions
of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party to
the extent permitted by applicable law.
GOVERNING LAW
These Terms and any separate agreements whereby we provide you our Service shall be governed by
and construed in accordance with the laws of Mexico, without giving effect to any principles of conflicts
of law. Subject to the arbitration provision below, any legal actions related to these Terms, or your use
thereof, will be brought and conducted in Ciudad de México, and each user consents to such
jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any
action against him or her as contemplated by this section.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Arbitration. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO
THESE TERMS OR THE BREACH OR TERMINATION HEREOF, OR ANY TRANSACTION
UTILIZING OR RELATING TO, OR THE USE OF, OUR WEBSITE AND MOBILE APP, WILL BE
ADMINISTERED EXCLUSIVELY BY A RECOGNIZED ARBITRATION INSTITUTION IN MEXICO. TO
THE EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AGREE ANY DISPUTE WILL BE
RESOLVED WITHOUT INCLUDING ANY OTHER THIRD PARTIES INCLUDED AS PARTIES TO THE
ARBITRATION PROCEEDING, BE IT AS INDIVIDUALS, AS PART OF A COLLECTIVE ACTION, OR
AS PART OF A REPRESENTATIVE CLASS, UNLESS BOTH YOU AND Dermuns Ataraxia AGREE
TO SUCH CONSOLIDATION AFTER A DISPUTE HAS ARISEN. IF ANY PROVISION OF THESE
TERMS WILL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT
PROVISION WILL BE DEEMED SEVERABLE FROM THESE TERMS AND WILL NOT AFFECT THE
VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. OUR FAILURE TO
ENFORCE ANY PROVISION OF THESE TERMS WILL NOT BE DEEMED A WAIVER OF SUCH
PROVISION NOR THE RIGHT TO ENFORCE SUCH PROVISION.
Class Action Waiver. BOTH YOU AND YOUR AFFILIATES, ON ONE HAND, AND DERMUNS
ATARAXIA AND ITS AFFILIATES ON THE OTHER HAND, AGREE THAT ANY CLAIMS OR
CONTROVERSIES BETWEEN US MUST BE BROUGHT AGAINST EACH OTHER ON AN
INDIVIDUAL BASIS ONLY. THAT MEANS NEITHER YOU AND YOUR AFFILIATES ON ONE HAND
NOR Dermuns Ataraxia AND ITS AFFILIATES ON THE OTHER HAND CAN BRING A CLAIM AS A
PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR
REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE
PERSON’S OR ENTITY’S CLAIMS INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY
CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING (UNLESS WE AGREE
OTHERWISE). AND, THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S OR ENTITY’S
CASE CAN ONLY IMPACT THE PERSON OR ENTITY THAT BROUGHT THE CLAIM, NOT OTHER
Dermuns Ataraxia USERS, CUSTOMERS OR PARTNERS, AND CANNOT BE USED TO DECIDE
OTHER DISPUTES WITH OTHER USERS, CUSTOMERS OR PARTNERS. THE ARBITRATOR
DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.
HOWEVER, IF FOR ANY REASON ANY COURT WITH COMPETENT JURISDICTION HOLDS THAT
THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE DISPUTE MUST
BE BROUGHT EXCLUSIVELY IN COURT IN CIUDAD DE MEXICO AND ALL PARTIES CONSENT
TO PERSONAL JURISDICTION OF SUCH COURTS FOR SUCH PURPOSE.
30-Day Right to Opt-Out - To opt-out of your agreement to arbitrate disputes and to waive raising or
participating in any Class Action claims, you must notify us in writing within 30 days of these terms first
becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms
containing an Arbitration Agreement and Class Action Waiver provision) by emailing us at the email
address set forth above and provide us with the following information: (i) your name; (ii) your address;
and (iii) a clear statement that you wish to opt out of the Arbitration Agreement and Class Action Waiver
provision in these Terms.
INTERACTIVE CHAT AND CHATBOTS
Some of our Service may have chat, live support, or similar functionality to serve you better (“Chats”).
You should review our Privacy Policy to learn how we treat information that could identify you gathered
via a Chat. You may not impersonate or attempt to gain information regarding another individual via a
Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or
error-free. Chats may be provided by third parties, and you may be entering into a contractual
agreement with those third parties when you use the Chat. You should refer to the applicable Chat and
its hyperlinks to learn more.
CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time at this page. We reserve the right,
at our sole discretion, to update, change or replace any part of these Terms by posting updates and
changes to our website. It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or our Service following the posting of any changes to these
Terms constitutes acceptance of those changes.
WRITTEN COMMUNICATIONS
When using our Service, you accept that communication with us will be mainly electronic. We will
contact you by email or provide you with information by posting notices on our website or mobile app,
push notifications or messages. For contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices, information and other communications
that we provide to you electronically comply with any legal requirement that such communications be in
writing.
If you sign up for our marketing newsletter or an account, you agree to receive personalized email
marketing messages from us to the submitted email address. You can withdraw your consent to receive
our marketing messages at any time.
PROMOTIONAL TERMS AND EVENTS
Any and all offers, contests, sweepstakes or promotions advertised on the Service (collectively
“Promotions”) are void where prohibited, and are subject to the posting of any official rules to such
Promotions.
Cart Reminders: By opting in to receive communications from Dermuns Ataraxia, you may receive cart
reminders to help you complete your purchase. These reminders are sent based on your consent and
in accordance with our privacy practices. The website uses cookies to help keep track of items you put
into your shopping cart including when you have abandoned your cart and this information is used to
determine when to send cart reminder messages via email.
Privacy Policy: We respect your privacy and are committed to protecting your personal information. For
more information on how we collect, use, and protect your information, please review our Privacy
Policy.
CONTACT INFORMATION
If you have questions or concerns regarding these Terms or need to obtain a copy of these Terms in
alternate format due to a disability, please contact us by email at ayuda@dermuns.com
