TERMS AND CONDITIONS

Terms and Conditions of Use and Purchase on the Site www.sentientthebrand.com

Effective Date: January 1st 2025

This website is operated by Sentient The Brand S.A.P.I. de C.V. ("Sentient" hereinafter) and the website is located at www.sentientthebrand.com ("Site"). By accessing or using this Site, you agree to be bound by these Terms and Conditions ("Terms") . Throughout the site, the terms “we”, “us” and “our” refer to Sentient The Brand S.A.P.I. de C.V. Sentient offers this website, including all information, tools, products, and services available from this site to you, the user, as a “Service”, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

These Terms govern your use of the Site and the services and content available through it.

If you do not agree to these Terms, you may not access or use the Site or Services. Questions can be directed to us at hello@sentientthebrand.com.

IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

1. Acceptance: Who Can Use the Services

Please take a moment to carefully review these Terms and Conditions ("Terms") for our Site and Services.You must be at least 18 years old and legally capable of entering into contracts under Mexican law to use our Services. By accessing or using the Site, and guarantee that you meet these requirements and will adhere; you will adhere to all applicable laws, rules, and regulations regarding your use of the Services.

Certain features or services may be subject to additional terms, guidelines, or rules, which will be provided in connection with those specific services. By using such features, you agree to comply with those additional terms, which will be incorporated into these Terms.

You may review the most current version of these Terms at any time on this page. Sentient reserves the right to update, modify, or replace any part of these Terms at our sole discretion by posting the revised Terms on our website. It is your responsibility to periodically review the website for updates or changes. Your continued use of or access to the website and Services after any changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services immediately.

Sentient may, at its sole discretion, terminate or suspend the Services, any part of the Site, or your access to the Services without prior notice, for any reason. In the event of such termination, your authorization to access the Services will immediately cease. However, any restrictions regarding the use of Content, as well as the disclaimers, indemnities, and limitations of liability outlined in these Terms, shall remain in effect even after termination.

2. About Sentient

Sentient is a fashion brand and we use next-generation leather alternatives. We collaborate with trusted suppliers to source innovative materials like cactus leather and Oleatex, but we do not control their production processes. Information regarding the materials’ environmental, durability, performance and composition characteristics is based on data provided by our suppliers. While we strive for accuracy, we are not liable for any discrepancies or inaccuracies in such data. By purchasing from Sentient, you acknowledge these limitations.

3. Privacy

Our Privacy Notice outlines how we handle your data and personal information. By using the Site, you consent to the collection, use, and treatment of your information as described in the Privacy Notice, including sharing it with related entities or third parties as necessary to provide our Services.

4. Website Content, Reviews, and User Submissions

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, and any other materials provided on the Site (collectively, “Content”) are owned by Sentient or third parties. The Content may contain omissions, errors, or may become outdated. Sentient reserves the right, in its sole discretion, to update, modify, delete, or change any Content at any time without prior notice. The Content is provided for informational purposes only and is not binding unless otherwise specifically indicated.

You are responsible for your use of the Services and any content you submit, including but not limited to reviews, comments, creative ideas, suggestions, proposals, or other submissions (collectively, “submissions”). By submitting such content, you grant Sentient a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, translate, publish, or distribute your submissions for marketing, promotional, or operational purposes. Sentient has no obligation to maintain submissions in confidence, compensate you, or respond to your submissions.

We may, at our sole discretion, monitor, edit, or remove any content that we determine to be unlawful, offensive, defamatory, obscene, threatening, or otherwise objectionable, or content that violates intellectual property rights, these Terms, or applicable laws. You agree that your submissions will not infringe on the rights of any third party, including copyright, trademark, privacy, or other proprietary rights. Submissions must not contain unlawful, abusive, or obscene material, or harmful software (e.g., viruses). You may not impersonate others, use false contact information, or mislead Sentient or third parties as to the origin of submissions. You are solely responsible for the accuracy and legality of your content.

Occasionally, there may be errors, inaccuracies, or omissions in the Content, such as typographical errors or outdated information related to product descriptions, pricing, promotions, offers, shipping charges, or availability. Sentient reserves the right to correct any such errors, inaccuracies, or omissions and to update or cancel orders where necessary without prior notice, including after an order has been submitted.

Sentient does not control, approve, sponsor, or endorse any third-party content, products, or services linked on the Site. Links to third-party content are provided for your convenience only, and your use of such third-party content is at your own risk. Sentient assumes no liability for any inaccuracies, omissions, or damages arising from third-party content, products, or services.

5. Products and Services

Our products are handcrafted using next-generation material innovations and may have variations one from the other, as well as limited quantities. Products are subject to return and exchange only in accordance with our Return & Exchanges Policy.

We have made every effort to display as accurately as possible the colors, finish and details of our products through the images that appear on the Site. However, we cannot guarantee that your device’s display will accurately reflect the actual product colors. Variations in color, finished details and texture are natural due to the handmade nature of our items and the use of next-generation material innovations.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services offered. All descriptions, features, and prices of products are subject to change at any time without prior notice, at our sole discretion. We also reserve the right to discontinue any product at any time.

All products sold are intended for personal, non-commercial use. By purchasing, you agree not to resell or use our products for commercial purposes or in violation of applicable laws.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

6. Order Management Terms:

The use of the website www.Sentientthebrand.com is intended for browsing and purchasing our products. By placing an order for the products offered at www.Sentientthebrand.com, you declare that you are over 18 years of age and have the legal capacity to enter into contracts, the information you provide is true and accurate, and you are an authorized user of the selected payment method. Your order is considered valid only after Sentient confirms acceptance via email; however, we reserve the right to cancel or refuse any order at our sole discretion, including orders placed with incorrect pricing due to typographical or other errors. Payment authorization is required for the full purchase amount in the currency displayed at checkout, and product availability remains subject to change without notice. 

You commit to authorizing the payment for the total amount of your order, according to the price offered through the website and accepted, whether it has been set in Mexican pesos, US dollars or any other currency. Your order will be considered valid once payment has been received, after which acceptance by Sentient will be notified through a confirmation email, which will formalize your order. 

Sentient's liability for any product purchased through our website is limited to the purchase price of the product and its delivery to the transport company. You understand and accept that the risk for the quality and physical conditions of the product(s) will be transferred to you at the moment the product(s) is delivered to the transport company. 

Orders are delivered through Sentient’s partners, with delivery times dependent on destination and carrier conditions. In the event of delivery issues, Sentient will work with you to reschedule, but delays caused by carriers are outside of our control. Sentient has no control over and is not responsible for delays caused during the shipping process. Sentient also reserves the right to limit quantities purchased and refuse service to any customer when deemed necessary. All products are subject to availability. We reserve the right to withdraw any product from our page at any time and not restock it. 

In the event that you have provided incomplete or incorrect information for the delivery address, and as a result, the courier delivers your order to an incorrect address, Sentient will not be responsible for this. The delivery will be made to the address exactly as provided. Should we identify missing data or that the delivery cannot be made due to lack of precise information, Sentient or the courier company will contact you through the information you provided when placing your order to attempt to correctly fulfill the delivery.

The delivery of the product (s) will be deemed to have been made with the delivery confirmation provided by the courier.  If the delivery cannot be carried out, your product(s) may be returned to Sentient or safeguarded by the company in charge of transporting the product(s). In this case, you can contact us at hello@Sentientthebrand.com, in order to define a new estimated shipping date and the payment of shipping services, if necessary.  You understand and agree that any additional costs associated with the failure to deliver are your responsibility to cover.

7. Modifications to the Service and Prices

Prices for our products are subject to change without notice. All prices displayed on the Services are quoted in U.S. dollars. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. Sentient shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

8. Payments

When you make a purchase through our Services, you authorize us and our third-party payment processor to charge your payment method for the total purchase amount, including applicable taxes and fees. You are responsible for ensuring timely payment and for providing accurate billing details, such as your name, billing address, and payment information. Additional verification may be required to complete your transaction.

Payments processed through third-party providers are subject to their terms and conditions, which govern the payment transaction. Sentient is not liable for errors or issues arising from third-party payment processors.

9. International & Domestic Shipping

All shipments outside of Mexico are considered international. All purchases and shipments within Mexico are considered domestic. For international shipments, shipping costs will apply, which can vary and are subject to change at our sole discretion. Sentient shall not be liable to you or to any third party for any modification in shipping costs. 

Depending on the country where the purchase is carried out, customs fees and taxes may apply. If you buy our products and you are outside of Mexico, you may need to pay customs fees upon reception of the goods. You will be responsible for the payment of any customs fees and any other duties. Please contact your customs authority for more information before proceeding with your order. Sentient cannot be responsible for the importation fees of each country. Sentient reserves the right to cancel orders due to issues like inaccurate delivery information.

All cancellations, returns and exchanges of purchases will abide strictly by our Returns & Exchanges Policy. We accept returns and exchanges of a product(s) when shipped back to us within 14 calendar days of delivery. If a desired item is no longer in stock, you will be eligible to select another product of the same cost and category. PLEASE NOTE THAT INTERNATIONAL ORDERS AND ANY PRODUCT OR PRODUCTS BOUGHT ON SALE ITEMS ARE FINAL SALE, AND NO RETURNS AND/OR EXCHANGES WILL BE ACCEPTED.

10. Product Warranty

We have a six month warranty against defects for all products, which responds to the various types of usages that are given to a product. If you find a defect in your product(s), we will repair or exchange the item free of cost within six months of the purchase date. PLEASE NOTE THAT THE WARRANTY DOES NOT COVER DAMAGE RESULTING FROM NORMAL WEAR AND TEAR, INCLUDING BUT NOT LIMITED TO SCUFFS, CHIPS, OR PEELS IN THE MATERIALS, STAINS, OR NATURAL CHANGES IN THE APPEARANCE OF THE PRODUCT OVER TIME THAT DO NOT AFFECT ITS FUNCTIONALITY. PLEASE NOTE THAT THE WARRANTY DOES NOT COVER DETAILS AND DIFFERENCES DERIVING FROM THE NATURE OF NEXT-GENERATION MATERIAL INNOVATIONS AND/OR ARTISANAL MANUFACTURING PROCESSES. Such changes are to be expected as part of the product's lifecycle and use. For any claims under this warranty, we kindly ask you to provide proof of purchase and contact our team at hello@Sentientthebrand.com for further assistance.

In alignment with our commitment to sustainability and promoting responsible production and consumption, Sentient offers repair services for products affected by natural wear and the passing of time to extend their durability. Repairs are subject to the specific requirements of the item and depend on factors such as the manufacturer’s and our own workload and timeline. Please note that repairs conducted outside the warranty period or for issues not covered by the warranty may incur additional costs based on the type of repair needed. Please note that the customer is responsible for sending and paying the shipping costs. If you would like to request a repair, please contact us at hello@Sentientthebrand.com with details of your request, and our team will guide you through the process.

Please note that Sentient is not obligated to provide repair services, nor are we liable to you or any other party for any decision not to provide such services.

11. Working Hours and Customer Service

At Sentient, we value the well-being of all individuals collaborating with or working for us. Our office hours are Monday through Friday, from 9:00 AM to 5:00 PM (Mexico City time). Any communications sent after 2:00 PM (Mexico City time) on Friday or during weekends may not receive a response until the following Monday. This includes national holidays.

As an independent brand with limited human resources, we strive to provide exceptional customer service to all our users. Please allow up to 72 hours for a response to inquiries made through email or other communication platforms. We appreciate your patience and understanding as we work diligently to address your needs.

12. Intellectual Property

The Site and all Content, features, and functionality available through the Services—including but not limited to text, graphics, logos, icons, images, video clips, audio clips, software, displays, designs, and the selection and arrangement thereof—whether registered or not, are the exclusive property of Sentient The Brand S.A.P.I. de C.V., its affiliates, and licensors, or other third parties as applicable, and are protected under applicable intellectual property laws in Mexico and internationally. These rights include, but are not limited to, copyrights and trademarks, and other proprietary rights.

You may not reproduce, copy, modify, adapt, publish, transmit, distribute, create derivative works from, sell, or otherwise exploit any part of the Content, in whole or in part, by any means or process, except as explicitly authorized by Sentient in writing. The Sentient name, logo, and all related marks and domain names (e.g., www.Sentientthebrand.com)—whether registered or unregistered—are the exclusive property of Sentient. Any unauthorized reproduction, distribution, modification, or use of Sentient trademarks or intellectual property for commercial or non-commercial purposes is strictly prohibited.

You are also prohibited from removing, altering, or obscuring any copyright, trademark, or other proprietary notices contained in or associated with the Services or their Content.

13. Limited License and Use Restrictions

Sentient grants you a non-exclusive, limited, and revocable license to access and view the Content on the Site for personal, non-commercial, and informational purposes only. This license does not transfer ownership of the Content or grant any additional rights beyond those expressly stated in these Terms. You agree not to duplicate, download, publish, republish, adapt, modify, display, transmit, distribute, or otherwise use the Content or Services for commercial purposes without Sentient’s prior written consent. Additionally, you are prohibited from deep-linking to the Site, using Sentient’s trademarks, trade names, or logos as metatags or keywords, or attempting to reverse-engineer, copy, or interfere with the Site’s functionality or Content. Unauthorized use of the Site or Content constitutes a breach of these Terms and may result in termination of your access to the Site and legal action.

14. Prohibited Uses of the Site

You are prohibited from using the Site, its Services, or Content for any unlawful, unauthorized, or improper purpose, including but not limited to: (a) soliciting others to engage in unlawful activities; (b) violating any international, federal, state, or local laws, rules, or regulations; (c) infringing upon Sentient’s intellectual property rights or the rights of others; (d) harassing, abusing, defaming, intimidating, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) submitting false, misleading, or fraudulent information; (f) uploading, transmitting, or distributing viruses, malware, or other destructive code that could harm the Site or its related functionality; (g) collecting or tracking personal information without authorization; (h) spamming, phishing, crawling, scraping, or using automated tools (e.g., “robots,” “spiders”) to access, monitor, or copy the Site or its Content; (i) deep-linking, framing, or circumventing security features without authorization; or (j) imposing an unreasonable burden on the Site’s operations.

Sentient reserves the right to investigate any violations of these Terms, suspend or terminate your access to the Site, and pursue legal action as necessary to protect the Site, its Services, and its Content.

15.  Limitation of Liability

Sentient provides the Services, including all products, content, and features available through the Site, on an "as is" and "as available" basis, without any representations, warranties, or guarantees of any kind, either express or implied. Sentient does not warrant that your use of the Services will be uninterrupted, timely, secure, or error-free, nor does it guarantee that the results obtained from using the Services will be accurate, reliable, or meet your expectations.

The materials used in Sentient’s products, including next-generation innovations derived from plant-based sources, are sourced from trusted third-party suppliers specializing in their production. These suppliers ensure that the materials meet safety and performance standards suitable for their intended use. However, Sentient relies on the information provided by these suppliers and cannot independently guarantee the completeness, accuracy, or suitability of these materials for every individual. By purchasing and using our products, you acknowledge and accept that Sentient is not liable for any adverse effects or damage resulting from personal characteristics, allergies, or sensitivities, or for product misuse.

You acknowledge and agree that we may, at our sole discretion, temporarily suspend or permanently discontinue the Services, or any part thereof, without prior notice to you. Your use of the Services, including any products or features provided through the Site, is at your sole risk.

To the fullest extent permitted by applicable law, Sentient disclaims all warranties, express or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Sentient, its directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any damages of any kind, including but not limited to lost profits, revenue, savings, data, or replacement costs, arising from or related to your use of the Services or any products procured through the Services. This includes but is not limited to any errors or omissions in the Content, or any loss or damage incurred as a result of the use of the Services, Content, or products posted, transmitted, or otherwise made available through the Site, even if Sentient has been advised of the possibility of such damages.

Sentient is not liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to acts of God, governmental actions, natural disasters, pandemics, or technical failures.

Some jurisdictions may not allow the exclusion or limitation of certain warranties or liabilities for incidental or consequential damages. In such jurisdictions, Sentient’s liability shall be limited to the maximum extent permitted by law.

16. Indemnity

You agree to indemnify and hold harmless Sentient The Brand S.A.P.I. de C.V., its employees, agents, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, claims, damages, or expenses arising from your violation of these Terms or misuse of the Services, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17. Termination

These Terms will remain in effect unless and until terminated by either you or Sentient. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing all use of the Site.

Sentient reserves the right to modify, suspend, or terminate the Services, or any part thereof, at any time without prior notice. If, in our sole discretion, you fail to comply with any provision of these Terms or if we suspect a breach, we may terminate these Terms immediately and deny you access to the Services. Upon termination, you remain liable for any amounts due up to and including the date of termination. Sentient shall not be liable to you or any third party for any modification, suspension, or termination of your access to the Services.

18. Dispute Resolution

These Terms and Conditions will be governed by the laws of Mexico City and Mexican federal applicable law. 

If a dispute arises derived from the use of the Services and / or the purchase and / or use of products through the website www.Sentientthebrand.com, you agree to first contact us at hello@Sentientthebrand.com to seek an amicable resolution.

If the parties are unable to solve the dispute by amicable means, any remaining dispute that may arise derived from the use of the Services and / or the purchase and / or use of products through the website www.sentientthebrand.com will be resolved through an arbitration administered by CANACO (Chamber of Commerce of Mexico City), following its accelerated arbitration rules, it will be resolved by a single arbitrator, in the Spanish language and the arbitration will be carried out in Mexico City. The parties expressly waive any other jurisdiction that may correspond based on their domicile or nationality. The parties waive any right to have a dispute heard by a judge, trial by jury or class action. 

19. General

Our store operates on the Shopify Inc. platform, which provides the e-commerce infrastructure necessary for us to offer and manage the sale of our products and services seamlessly. The terms and conditions of use of the shopping platform denominated Shopify will apply should you make a purchase through our website www.Sentientthebrand.com. 

If any provision is found unenforceable, the remaining provisions will remain valid. We retain the right to deny service to anyone, at any time, and for any reason. You are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Service, its use, or access, without prior written authorization from us. The headings in this agreement are provided solely for convenience and do not have any impact on the interpretation or enforcement of these Terms.

Contact Information

For questions, contact us at: Email: hello@Sentientthebrand.com
Address: Tabasco 311, Int. 504, Roma Norte, Cuauhtémoc 06700, CDMX, Mexico.