Terms and Conditions

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER, THE “TERMS OF USE”) BEFORE USING IT.

These Terms of Use govern access to and use of the Website available at diesel.com/en-mx (hereinafter, the “Site”), which is exclusively owned and operated by OTB Fashion Mexico, S. de R.L. de C.V. (hereinafter “Diesel”). Use of the Site is subject to the provisions of applicable Mexican laws, including, but not limited to, those relating to the protection of personal data and intellectual property rights. 

Access to and/or use of the Site by any user (the “User”) implies full and unreserved acceptance of these Terms of Use, as well as the User's obligation to comply with and assume the obligations and responsibilities set forth herein. Acceptance shall be deemed to have been granted upon entering the Site, completing the registration or subscription procedure, and/or making a purchase. If the User does not accept these Terms of Use, the Terms of Sale, and the Privacy Notice, the User must refrain from using the Site and receiving the services related thereto (the “Services”).

1. TERMS OF USE OF THE SITE 

The purpose of the Site is to promote the brands and products marketed by Diesel and to offer, among other things, Services that allow the User to: 

• Purchase products; 
• Contact Diesel Customer Service; 
• Participate in events and previews dedicated to current or potential Diesel customers. 

The Site may be subject to changes, updates, suspension, or interruption, whether temporary or permanent, without prior notice. Diesel may suspend, restrict, or deny access to the User at any time and for any reason, without this giving rise to any right to compensation or indemnification for the User or any liability on the part of Diesel.

2. INTELLECTUAL PROPERTY 

The Site and its content, including, but not limited to, any logos, trademarks, or photographs published on the Site, are the exclusive property of Diesel or are licensed by their respective owners and are protected under applicable Mexican law, including the Federal Copyright Law and the Federal Law on Industrial Property Protection. Any unauthorized use of the content of the Site may give rise to civil, administrative, and/or criminal proceedings. 

Diesel owns all rights to the materials published on the Site, or has the corresponding licenses and authorizations granted by their respective owners. Diesel respects and protects the intellectual property rights of third parties, as well as all applicable legal provisions to safeguard the interests of their owners, and will take all reasonable measures, with the means at its disposal, to ensure that the Site does not infringe protected rights. 

If the owner of the rights to materials published on the Site considers that these infringe their intellectual property rights, they must notify Diesel in writing, using the channels or forms indicated on the Site, accompanied by documentation proving their ownership. Once the notification has been received and verified, Diesel may remove the allegedly infringing content. 

Among the trademarks that may be used on the Site are, but are not limited to, the following: DIESEL (word mark), DIESEL ONLY THE BRAVE, handwritten D, D design, Coin pocket design, JoggJeans, Diesel Black Gold. The corresponding rights are duly registered and protected by applicable law for the benefit of their respective owners.

3. LINKS TO OTHER WEBSITES 

The Site may contain links to third-party websites. Diesel has no control over these websites and cannot control or verify their content and therefore shall not be liable for any content or any other circumstances related to the User's access to or use of third-party websites. It is therefore the sole responsibility of the User to review the commitments and terms of each website they visit. 

Links to other websites and references to third-party information, products, or services linked to the Site do not constitute and should not be interpreted in any way as an endorsement by Diesel of such websites, information, products, or services. In particular, Diesel has no control over the practices of third-party websites regarding the collection, use, and processing of personal data or the management of privacy. 

It is the User's responsibility to be aware of and understand Diesel's commitments regarding the processing of personal data by reviewing the information made available on the Site, as well as to be informed about the commitments made by any blog, social network, or third-party website linked to the Site, and to use only those websites whose content and rules of use they accept. Diesel shall not be liable for the content, availability, or privacy practices of any third-party website that includes links to or from the Site. Furthermore, the User should be aware that the Site may be linked to third-party links and content that have not been expressly authorized by Diesel.

4. LIABILITY 

Diesel regularly updates the content and tools available on the Site in order to enable access and use under the best possible conditions for the User. However, Diesel does not guarantee the immediate availability, accuracy, validity, completeness, or exhaustiveness of the content published on the Site. The User expressly acknowledges that the content of the Site is for informational and general purposes only. 

Diesel reserves the right to make, at any time and without prior notice, modifications, improvements, suspensions, interruptions, or deletions to any part of the Site, as well as changes to the nature or scope of the Services available. Therefore, Diesel does not guarantee the User continuous, uninterrupted, or error-free access to all the features of the Site.  

Diesel shall not be liable for any damages and/or losses suffered by the User as a result of unlawful or unauthorized acts by third parties who, through improper or intrusive techniques, use, modify, alter, or disseminate the information published on the Site. 

Furthermore, Diesel shall not be liable for any damages or losses arising from failures, interruptions, or deficiencies in the telecommunications network, the equipment or technical configurations used by the User, human errors in data entry, computer attacks or cyberattacks, or any other event or circumstance beyond Diesel's control. 

The User acknowledges that use of the Site is their sole responsibility and that they must have the appropriate tools, software, hardware, antivirus, and configurations to prevent and mitigate technological risks.

5. LIMITATION OF LIABILITY 

To the extent permitted by applicable Mexican law, Diesel shall not be liable, under any circumstances, for damages or losses arising from the use or inability to use the Site or the Services, including any interruption due to failures, errors, omissions, interruptions, defects, delays in operation or transmission, viruses, or connection failures, even if Diesel has been advised of the possibility of such damages or losses. 

The material and content available on the Site may contain technical inaccuracies or typographical errors. Diesel reserves the right to make changes or improvements at any time, without prior notice. 

The Site, its material and content are provided “as is” and “subject to availability,” without warranties of any kind, express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. 

Diesel shall not be liable for any damages or losses caused by the conduct of other users or third parties who violate these Terms of Use, applicable law, or who misuse the Site. 

When applicable law does not allow the exclusion or limitation of certain warranties or liabilities, the above exclusions and limitations shall apply only to the extent permitted by such law. 

If the User accesses and/or uses the Site from or in any other location outside Mexico, the User hereby acknowledges and agrees that they do so at their own risk and responsibility. By accepting these Terms of Use, the User releases Diesel from all liability and agrees to hold harmless Diesel, its directors, employees, shareholders, subsidiaries, affiliates, and agents (the “Diesel Parties”) from any damages that Diesel may suffer due to the User's misuse of the Site or the User's failure to comply with any of the Terms of Use described herein. The User also agrees to reimburse Diesel for any expenses or outlays incurred in connection therewith, including attorneys' fees and expenses.

6. RESTRICTIONS ON USE OF THE SITE 

The material contained on the Site, as well as on any other website owned, operated, licensed, or controlled by Diesel or any of the Diesel Parties, may not be copied, reproduced, distributed, modified, downloaded, or transmitted in any form or by any means without the prior express written permission of Diesel. 

The foregoing shall be without prejudice to the User's right to download a single copy of the material onto a computer for personal, non-commercial use, provided that the notices relating to copyright, trademarks, or other intellectual property notices contained in such material are kept intact and visible. 

Any modification, reproduction, or use of the material for purposes other than those authorized in these Terms of Use shall constitute an infringement of the intellectual property rights of Diesel and/or the respective owners and may result in the exercise of the corresponding legal actions in accordance with applicable law.  

The material contained on the Site is made available to the User solely for the purposes authorized by law and under the conditions expressly provided for in these Terms of Use.

7. SUBMISSIONS AND INFORMATION SENT 

All comments, suggestions, ideas, proposals, graphics, information, or other materials (hereinafter, the “Submitted Information”) that the User communicates or sends to Diesel, by any means and through any contact channel available on the Site, shall be considered irrevocably, freely, and non-exclusively transferred to Diesel from the moment of receipt. Consequently, the User expressly and irrevocably waives any claim for compensation, consideration, or financial or other recognition for the use that Diesel may make of the Submitted Information. 

The Submitted Information shall not be subject to any confidentiality obligation, unless expressly agreed in writing between the User and Diesel prior to its submission. Diesel may use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and publicly display such information in any medium and for any purpose, commercial or otherwise, without any obligation or liability to Diesel.  

However, any Submitted Information containing personal data will be treated in accordance with Diesel's Privacy Policy and applicable Mexican legislation on the protection of personal data. 

The sender of the Submitted Information assumes all liability for its content and accuracy, as well as its legality, originality, suitability, and ownership of rights, releasing Diesel and the Diesel Parties from any liability arising from third-party claims or damages caused to third parties due to its use, publication, or exploitation in accordance with these Terms of Use.

8. PRIVACY 

In order to allow the User access to and use of specific sections or functions of the Site, including areas dedicated to and reserved for registered Users, Diesel may ask the User to provide certain personal data. The processing activities that Diesel carries out in relation to the personal data that the User provides to Diesel through the Site are described in detail in the Privacy Notice available on the Site. By using the Site, the User expressly acknowledges that any communication carried out via the Internet can never be considered completely confidential and secure, and understands that any information or message sent to Diesel through the Site may be read or intercepted by persons other than the legitimate recipients, even in the presence of any notice indicating that a particular transmission is encrypted (e.g., a transmission of credit card information). 

9. MODIFICATIONS TO THE TERMS OF USE 

Diesel may modify these Terms of Use at any time. The current version will be the one published on the Site, and continued use implies acceptance of the modifications.

10. APPLICABLE LAW AND INTERPRETATION; JURISDICTION 

For the interpretation, compliance, and enforcement of these Terms of Use, Diesel and the User expressly agree to submit to the laws of Mexico and the exclusive jurisdiction of the courts of Mexico City, expressly waiving any other jurisdiction that may apply to them by reason of their current or future domiciles, or for any other reason. 

11. COMMUNICATIONS 

The User agrees that any communication related to the use of the Site, their purchases, or requests will be sent to the contact method and/or notification address provided by the User at the time of registration, purchase, or subsequently, and/or to the one registered on the Site. 

The User represents that they have read and accepted the provisions applicable to the processing of their personal data when providing their contact details and/or registering them on the aforementioned platform. 

If the User wishes to change their contact details and/or notification address, they must inform Diesel in writing at the following email address: clientservice@diesel.com. 

If the User does not update their contact details or notification address or does not regularly check messages sent to the specified address, Diesel shall not be liable for the non-receipt of such communications or for any consequences arising therefrom, in accordance with applicable law and/or these Terms of Use.

These Terms and Conditions of Sale (hereinafter, the “Terms of Sale”) govern various aspects related to the sale of products between OTB Fashion Mexico, S. de R.L. de C.V. (hereinafter “Diesel”) and each customer (the “Customer”) who purchases them through the website diesel.com/en-mx (the “Site”).  

By purchasing Diesel products, the Customer fully and automatically accepts these Terms of Sale, without limitation or reservation. 

The Site is available only for purchases of Diesel products made and delivered within the United Mexican States (“Mexico”) and is not intended for minors.

1. PURCHASES ON THE SITE 

All orders placed through the Site shall be subject to express confirmation by Diesel by sending an email to the Customer.  

Only persons of legal age, with full legal capacity to contract and who are domiciled in Mexico may place orders. By placing an order, the Customer represents and warrants that they meet these requirements. 

The display or publication of Diesel products on the Site does not imply any guarantee of availability, as they might be out of stock, discontinued, or unavailable at the time an order is processed.  

The products offered on the Site are intended exclusively for personal use and not for resale or commercial distribution, unless prior written authorization has been obtained from Diesel. 

Diesel may establish, modify, or remove limits on the quantity and/or type of products that can be purchased online at any time, as well as restrict the maximum number of identical units per Customer or order. Diesel may refuse orders that do not comply with these conditions. 

Diesel reserves the right not to accept incomplete, incorrect, fraudulent-looking orders or orders that do not comply with these Terms of Sale, as well as to cancel previously confirmed orders when the products requested are not available or there is an error in the information published. In such cases, Diesel will notify the Customer and, where applicable, proceed to refund any amount paid, without any further liability on the part of Diesel. 

In the event of typographical errors, inaccuracies, or imprecisions in the information relating to prices, availability, descriptions, or characteristics of the products, Diesel reserves the right to correct them at any time, even after the order confirmation has been sent, and to cancel orders affected by such errors, notifying the Customer and refunding the amounts paid. 

The Customer is responsible for carefully reviewing the description, characteristics, sizes, and specifications of the Diesel product before confirming the order. 

Although Diesel uses reasonable means to ensure that the images, descriptions, and other information about the products on the Site are accurate and up to date, variations or inaccuracies may occur due to technical, lighting, or manufacturing factors.  

The colors that the Customer sees on the Site will depend on the configuration, resolution, and other technical specifications of the monitor, screen, or device used, and may therefore vary from the actual characteristics of the products.  

The photographs and descriptions are illustrative and do not constitute an exact and binding representation of the characteristics of Diesel products. 

Before completing the purchase, the Customer must verify the contents of their cart, the total price, the specifications of the selected products, and confirm that they have read and accepted these Terms of Sale. Once the order has been confirmed, any modification or cancellation will be subject to the returns and cancellations policy available for consultation on the Site.

2. PRICES, TAXES, AND BILLING 

All prices are expressed in Mexican pesos and may be modified at any time without prior notice. The total price will include, where applicable, value-added tax or other applicable taxes in accordance with current tax legislation in Mexico. The online shopping cart confirmation page will show an estimate of these taxes, which will be equal to or less than the amount actually applied to the Customer's purchase. 

The final calculation of taxes will be made automatically once the order is processed for shipment, and the final amount will be indicated on the invoice that will be issued and sent to the Customer along with the shipping confirmation email. In the event that applicable tax legislation requires the Customer to make any additional tax payments or declarations, it will be the sole responsibility of the Customer to comply with such payment or declaration, as applicable. 

For the issuance of tax invoices, the Customer must have their current tax identification information, including, but not limited to, their Federal Taxpayers Registry (RFC) and tax address, as well as the corresponding order or transaction number, as stated on the proof of purchase. Invoices may be requested through the portal that Diesel makes available for this purpose or through the customer service channels indicated on the Site. 

The billing request must be made within 1 (one) month of the purchase date. Once this term has expired, it will not be possible to issue the corresponding tax receipt. 

Diesel will not make any adjustments to the price of purchases made prior to any price changes determined by Diesel.

3. SHIPPING COSTS 

The Customer shall be responsible for covering any shipping costs related to the delivery of Diesel products purchased on the Site, under the terms and prices indicated at the time of order confirmation. All shipping costs, including additional costs for special services, if applicable, will be detailed in the order form prior to purchase confirmation.

4. DELIVERY 

Deliveries will only be made within Mexico, to the address specified by the Customer at the time of purchase. Deliveries will not be made to PO boxes, courier collection points, or similar addresses. 

The Customer assumes all risks of loss and damage to the products from the moment they are physically delivered to the Customer or to a third party authorized by the Customer at the address indicated for delivery. Ownership of the products will be transferred to the Customer at the time of physical delivery, unless otherwise provided in these Terms of Sale. 

Diesel will endeavor to deliver the products to the Customer within a period not exceeding 7 (seven) business days from the date of order confirmation, except in the case of pre-sale, customized, or special production time products, in which case the Customer will be informed of the corresponding estimated delivery time prior to purchase. In any case, delivery times are estimates and do not constitute an obligation to deliver on a fixed date. 

Once the order has been shipped, the Customer will receive a shipping confirmation email specifying the tracking number and containing a link to track the shipment in real time. The Customer may also check the status of their shipment in the corresponding section of the Site. Before the products have been shipped, the Customer may contact customer service to request a change in the delivery date, and Diesel will endeavor to accommodate such request to the extent reasonably possible, without being under any obligation to do so. 

Upon delivery, if the outer packaging shows visible damage, the Customer (or the person authorized to receive the order) must open the package in the presence of the carrier to verify the condition of the products. If any damage or missing items are found, the Customer must note this on the delivery note or receipt and notify Diesel immediately through the appropriate customer service channels. 

Claims for loss, damage, or non-conformity of products may be submitted within the applicable legal warranty period. Once the claim has been validated, Diesel may, at its discretion, replace the product at no additional cost, repair it, or refund the amount paid, including, where applicable, shipping costs.

5. RETURNS AND REFUNDS 

Returns and refunds shall be governed by the provisions of Diesel's Return and Refund Policy, which is available on the Site for consultation and forms an integral part of these Terms of Sale.

6. CONTRACT ENTIRETY 

The order confirmation, these Terms of Sale, and the other Diesel policies published on the Site constitute the entire, definitive, and complete agreement between the Customer and Diesel with respect to the matters covered herein, and supersede any prior communication, proposal, or agreement, whether verbal or written, relating to such matters.

7. APPLICABLE LAW AND JURISDICTION  

For the interpretation, validity, compliance, and enforcement of the Terms of Sale, Diesel and the Customer expressly agree to submit to the laws of Mexico and the exclusive jurisdiction of the courts of Mexico City, expressly waiving any other jurisdiction that may apply to them by reason of their current or future domiciles, or for any other reason. 

8. WARRANTY DISCLAIMER AND SCOPE 

All products marketed by Diesel through the Site are covered by a warranty of 90 (ninety) calendar days from the date of delivery of the product. This warranty shall cover manufacturing and functional defects in accordance with applicable law. 

To exercise this warranty, the Customer must submit a request within the indicated period, ensuring that the product has not been altered, modified, or repaired by persons not authorized by Diesel, and that it has been used solely in a normal manner and in accordance with the use and care instructions provided on the product labels, packaging, accompanying documentation, or, as applicable, available on the Site. Diesel may reject warranty claims when the product has been used in a manner other than as recommended, shows serious, essential, or irreparable damage attributable to the Customer, or when the request is submitted outside the applicable period. 

In all cases, the product must be returned in its original box or packaging, with all parts, documentation, and accessories included. 

Any additional warranty offered by Diesel shall be governed by the specific terms and conditions set forth in the warranty certificate, if any, accompanying the product. 

Except as expressly provided in these Terms of Sale, Diesel does not grant or assume any additional warranty, whether express or implied, including, without limitation, those relating to merchantability or fitness for a particular purpose, to the extent permitted by applicable law.

9. SEVERABILITY 

If any of the provisions contained in these Terms of Sale are declared null, invalid, illegal, or unenforceable, such circumstance shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect to the extent permitted by applicable law.

10. PRIVACY 

The processing of personal data collected from the Customer in connection with the purchase of Diesel products through the Site shall be governed by Diesel’s Privacy Notice, which is available on the Site for consultation.

11. FORCE MAJEURE 

Diesel shall not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including, without limitation, acts of God, natural disasters, health emergencies or pandemics, fires, acts of governmental authorities, labor disputes, power outages, interruptions of telecommunications or transportation services, and any other circumstance that wholly or partially prevents the performance of its obligations.

12. CONTACT INFORMATION 

For any inquiries, clarifications, or claims related to these Terms of Sale or purchases made through the Site, the Customer may contact our customer service department at: clientservice@diesel.com.