USE OF THE WEBSITE WWW.MEZCALMARIADOLORES.COM
The User and Mezcal María Dolores agree that:
In order to use the Website, the User must be at least 18 years of age or be accessing under the supervision of a parent or legal guardian.
Mezcal María Dolores grants a non-transferable and revocable license to use the Website, pursuant to the Terms and Conditions of Use described, for the purpose of purchasing personal items sold on the Website. The User may only print and/or copy any information and/or image contained or published on the website www.mezcalmariadolores.com exclusively for personal use, so the commercial use of said information is expressly and strictly prohibited. If you are a legal entity, you will be subject to the provisions of article 148, section IV of the Federal Copyright Law. The reprinting, publication, distribution, assignment, sublicense, sale, electronic or other reproduction, in whole or in part, of any information, image, document or graphic appearing on the website www.mezcalmariadolores.com, for any use other than personal non-commercial use is expressly prohibited to the User, unless he or she has the prior written authorization of Mezcal María Dolores. Any violation of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this section, without prior notice.
Certain services and related features that may be available on www.mezcalmariadolores.com may require registration or subscription. The User acknowledges that, by providing personal information, he or she grants Mezcal María Dolores the authorization indicated in article 109 of the Federal Copyright Law. If the User decides to register or subscribe to any of these services or related functions, he or she agrees to provide accurate and updated information about himself or herself, and to promptly update that information if there is any change.
Each User of the Site is solely responsible for maintaining secure passwords and other account identifiers. The account holder is fully responsible for all activities that occur under his or her password or account. Furthermore, the User must notify the Company of any unauthorized use of his or her password or account. In no event shall Mezcal María Dolores be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of the User’s failure to comply with this section.
During the registration process, the User agrees to receive promotional emails from www.mezcalmariadolores.com. However, he or she may subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
Users are prohibited from violating or attempting to violate the security of the Website and Mezcal María Dolores’ affiliated Websites; the User is prohibited from: (a) accessing data to which the User is not authorized to use or logging into a server or account to which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a computer system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with the use of any other User, host or network, including, without limitation, by means of transmitting a virus to the Website or Mezcal María Dolores affiliated websites; causing such sites to become overcrowded by “flooding,” “spamming,” “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services, or; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
User acknowledges that violations of computer system or network security may result in civil or criminal liability. Mezcal María Dolores will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; the Company will cooperate with the competent authority in the investigation of such violations in the terms established in the applicable legislation.
Mezcal María Dolores is exempt from any liability that occurs due to interruptions or suspensions of the Internet access service caused by failure in the telecommunications system, in the supply of electric power, fortuitous events or force majeure or an action by third parties that may disable the equipment that supplies access to the network.
For the above, Mezcal María Dolores is not responsible for any damage, harm or loss to the User caused by failures in the system, on the server or on the Internet. The Company will also not be responsible for any virus that could infect the User’s equipment as a result of access, use or examination of the Site or as a result of any transfer of data, files, images, texts, or audio contained therein. Users may NOT attribute any liability to the Company or demand payment for damages or losses, due to technical difficulties or failures in the systems or on the Internet. Mezcal María Dolores does not guarantee continued or uninterrupted access and use of the Site. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the Company’s control; in such cases, an attempt will be made to restore it as quickly as possible without any liability being attributed to the Company. Mezcal María Dolores will not be responsible for any error or omission contained on the Site.
WARRANTY ON PURCHASED PRODUCTS
Mezcal María Dolores acts as a distributor for manufacturers or wholesale distributors who guarantee that the products sold on the website www.mezcalmariadolores.com function correctly and do not present any hidden defects or flaws that could make them dangerous or unsuitable for normal use. Notwithstanding the above, the use that each User makes of the products is their exclusive responsibility, without any liability on the part of Mezcal María Dolores.
The duration of the contractual guarantee is clearly detailed on the product page of each item and is issued and endorsed by the manufacturer or supplier of each product.
No User may request a broader guarantee than that indicated there. In such cases, Mezcal María Dolores will not be obliged to respond to said guarantees, nor to collect the damaged product(s).
The warranty will lose its validity in the event of defects or damage caused by external factors, accidents, especially electrical accidents, wear and tear, improper use, or installation and use not in accordance with the instructions of the supplier or manufacturer.
Products transported, modified or repaired by the User or any other person not authorized by Mezcal María Dolores are excluded from the warranty. The warranty will not apply to apparent defects and defects in conformity of the product, for which any claim must be made by the User in question within 7 (s) calendar days following delivery of the products.
INFORMATION ABOUT PRODUCTS
The information given about each product, as well as the photographs or videos relating to them and the trade names, brands or distinctive signs of any kind contained on the Mezcal María Dolores Site, are displayed for guidance purposes only. Mezcal María Dolores is not responsible for any error or inaccuracy in the product information.
CREDITS AND PROMOTIONS
Mezcal María Dolores will inform Users subscribed to the newsletter, by e-mail, of all future promotions and opportunities, with the respective dates and conditions.
Promotions will have specific terms and conditions, and Users interested in participating will be responsible for reading and understanding these terms and conditions.
Mezcal María Dolores coupons cannot be combined with other coupons from the same store.
Credits generated by Mezcal María Dolores promotional actions (coupons, etc.) may only be exchanged for physical products sold on the Website www.mezcalmariadolores.com. Credits cannot be exchanged for other credits.
PURCHASE OF PRODUCTS
In order to purchase the products, the User must pay for the selected products, taxes and corresponding shipping costs through the payment service providers that Mezcal María Dolores makes available to the User on the Website. The User may only purchase products through the Website to be delivered to an address within the territory of the United Mexican States.
Once the purchase is made by the User, through implicit acceptance of the Terms and Conditions of Use, Mezcal María Dolores will send an email to the User informing them of the details of the purchase made.
PAYMENT
Payment for products purchased on the Site may be made using any of the payment methods offered by the Site, including, among others: credit card, debit card, and electronic transfer. The list of payment methods offered may be subject to change at any time without prior notice to Users.
Payment by credit card or any other online payment method must be made on the Site.
The order number assigned when making the transaction on the Site does not imply acceptance of the transaction. In the event of any problem with your order, the User will be notified by email or telephone.
Mezcal María Dolores will send the purchase confirmation via email. Only after payment confirmation will the products be released for delivery to the delivery address indicated by the User.
Mezcal María Dolores reserves the right to request official documents from its customers as a means of validating the process of acquiring products through the Site.
In the event of the corresponding Banking Institution being unaware of the charges made by the User through credit card and derived from operations carried out on the Site, Mezcal María Dolores reserves the right to initiate the corresponding legal actions and establish criminal or civil liabilities as the case may be or of any other nature, as well as to carry out all those internal actions that may range from charging the credit card of said User again to the definitive cancellation of the User on the Site, for which no prior authorization from the User will be required.
ORDER ACCEPTANCE AND PRICES
All product prices indicated through the Website include VAT and other taxes that may apply. However, these prices do not include the costs corresponding to the shipping of the products, which will be detailed separately in each order and must be accepted and paid, prior to their shipment, directly and exclusively by the User.
The User must consider that there are cases in which an order cannot be processed for various reasons. In this regard, Mezcal María Dolores reserves the right to deny or cancel any order for any reason, at any time. In addition, it must be clear that the User may be asked for additional information, even before accepting the order.
Mezcal María Dolores will provide the most accurate pricing information for Users, however, certain errors may still occur, such as cases in which the price of an item is not displayed correctly on the Website. As such, the Company reserves the right to deny or cancel any order. In the event that an item is listed at an incorrect price, Mezcal María Dolores may, at its discretion, contact the User for instructions or cancel the order and notify the User of such cancellation. It should be noted that Mezcal María Dolores will have the right to cancel such orders, whether or not the order has been confirmed and paid for.
PRODUCT AVAILABILITY
All products offered on the Site are subject to stock and availability, so delivery time may vary upon prior notice from us, or even cancellation of the order and refund of the User’s charges may be required.
If the delivery time offered is not entirely satisfactory to the User, cancellation of the order may be requested.
SHIPPING AND DELIVERY COSTS OF PRODUCTS
Mezcal María Dolores will send the products purchased by the User to the address specified by the User for this purpose as long as said address is within the coverage area communicated by Mezcal María Dolores.
The delivery time begins from the confirmation of payment by the bank, online payment platform, or Collection department of Mezcal María Dolores.
The products will be sent and delivered to the User by third parties (hereinafter “Transport Companies”). By virtue of the foregoing, the User agrees to submit to the delivery policies of the Transport Companies for the shipment and delivery of the products, which are incorporated by reference to these Terms and Conditions of Use.
The term described on the Site is an estimate. Thus, it is possible that such term may change for reasons of logistics and force majeure. In the event of any unforeseen event or force majeure that may delay the delivery of the products purchased on the Site, Mezcal María Dolores will be exempt from any liability at all times.
In the event that the User has not received the products within the period declared by Mezcal María Dolores, he/she must contact the Company through the customer service center.
The cost of freight will be added to the value of the purchased merchandise and will be calculated and informed to the User before confirming the purchase. The cost of freight may depend on factors such as the total weight of the merchandise, the distance and the type of delivery, and may be modified by Mezcal María Dolores at any time without prior authorization from the User.
At the time of delivery, the person receiving the merchandise will be asked for official identification (voter ID, passport, FM2 immigration form or driver’s license), so it is required to have this document on hand when delivering the purchase.
Mezcal María Dolores suggests that the User check the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, he/she is asked not to accept the delivery from the Transport Company and to immediately contact the Mezcal María Dolores customer service center.
CANCELLATION OF THE PURCHASE OF PRODUCTS
The User may cancel the purchase of Products made through the Website, provided that the Products purchased have not left the offices of Mezcal María Dolores. In the event that the Products have already been sent by Mezcal María Dolores, the User may not cancel the purchase made, and will have to follow the procedure presented in the “Returns” section of these Terms and Conditions. The User may check the status of the purchase made through the My Orders section of the User Account or by contacting the Mezcal María Dolores customer service center. In the event of cancellation of the purchase made by the User, the amount paid by the User will be refunded in accordance with the “Refunds” section of these Terms and Conditions.
RETURNS
Return Conditions:
The User may return the products purchased through the Website, provided that:
The User requests the return within 7 calendar days following the delivery date OR, exclusively for cases of defective products, within the warranty period specified for the products purchased.
The product(s) are in the same condition in which they were delivered to the User and are, as far as possible, in the original packaging and labeling, or alternatively in a similar format that guarantees the return in perfect condition.
Return Process:
The process for returning the Products will be as follows:
The User must contact the Mezcal María Dolores customer service center within the established period requesting the return of the products and providing the name and surname, order number, names of products to be returned, and address where the products will be collected. In the event that the return is due to the product(s) being defective or a product different from the one purchased through the Website, the User must also state this circumstance, as well as mention, where applicable, the defects of the products (hereinafter the “Return Request”).
Once the Return Request has been approved, Mezcal María Dolores may send the User a shipping guide through the corresponding Transport Company, as well as schedule the date on which the Transport Company will pick up the products from the address provided by the User.
The User must, where applicable, pack the product in its original box or packaging, print and deliver the guide, as well as the Products in their original packaging or box to the Transport Company on the date scheduled for this purpose.
REFUNDS
If payment was made by debit or credit card, the refund will be made through a chargeback on the same card that was used. If payment was made by other means, the refund will be made through a bank transfer to the User’s account.
The User will be reimbursed for the cost of the returned products plus the cost of freight paid by the User for the same.
Mezcal María Dolores is not and will not be responsible for the expenses incurred by those returns that occur without respecting the steps established in the procedure presented in the “Returns” section.
Refund period in case of cancellation
In case of cancellation of the purchase made by the User in accordance with the section “Cancellation of the purchase of products” of these Terms and Conditions, Mezcal María Dolores must request a refund from the User for the full amount paid by the User within 7 calendar days from the date of cancellation of the User’s purchase.
Refund period in case of return
Once the products returned by the User have been received, Mezcal María Dolores will review the returned products.
In the event that the products received by Mezcal María Dolores comply with the characteristics established in point 2 of the section “Return Conditions”, the Company will be obliged to return the money paid by the User within 7 calendar days from the day on which Mezcal María Dolores received the returned products.
USER RESPONSIBILITY IN RELATION TO TRANSACTIONS
The User assumes responsibility for all costs, fees, taxes and claims arising from the use of this Website. The access data communicated to the User for his/her profile have been designed exclusively for personal use, and must be treated confidentially. The User must change his/her passwords regularly. All transactions made through the profile account will be attributed to the holder of the relevant profile account, and will be binding.
The User is liable without limitation for direct and indirect damages, as well as consequential damages, that may be caused by gross negligence or illegal intent.
BILLING POLICIES
The User must send a billing request to the Company’s customer service center 24 hours after the purchase was made. Invoice requests will not be processed for purchases that do not fall within this period. When requesting the invoice, the User will need to have the following tax requirements on hand and provide them:
RFC with Homoclave
Full name or company name
Complete tax address including street, neighborhood, delegation or municipality, state and postal code
Method in which the Payment was made (cash, electronic funds transfers, personal checks or debit, credit, service cards or the so-called electronic wallets authorized by the Tax Administration Service)
Indicate at least the last 4 digits of your payment account
E-mail where the invoice will arrive
Once the corresponding invoice has been issued, Mezcal María Dolores will not be able to re-invoice or issue subsequent invoices.
RESTRICTIONS FOR MINORS
Mezcal María Dolores does not intentionally sell to minors, so parents and guardians are advised to carry out the activities of purchasing products or registering on the Website themselves.
Parents or guardians of minors will be responsible for the acts carried out by them in accordance with the provisions of these Terms and Conditions of Use, including damages caused to third parties, actions carried out by them and which are prohibited by law and by the provisions of this agreement, without prejudice to the responsibility of the User, provided that the latter is not the parent or legal representative of the offending minor.
VALIDITY
The Company, as well as the User, recognize that the Terms and Conditions are of unlimited validity, and will enter into force upon their publication on the Site.
INDEMNIFICATION
The User agrees to indemnify Mezcal María Dolores, its affiliates, suppliers, vendors and advisors for any action, claim or demand (including attorneys’ fees and court costs) arising from any breach by the User of this agreement; including, without limitation, any of those arising from:
Any aspect related to the use of the website www.mezcalmariadolores.com.
The information contained or available on or through said Site or from insults, defamation or any other violative conduct by the User in the use of the indicated Website.
The violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available on, or through said Website.
These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices that are published or communicated, from time to time, by Mezcal María Dolores through the Website, constitute the entire agreement between the User and Mezcal María Dolores in relation to the Services offered by Mezcal María Dolores through the Website.
