Terms and Conditions

ACCEPTANCE OF THE TERMS AND CONDITIONS

For the acquisition of products from Mezcal de Amor, SAPI de CV or its subsidiaries (jointly “ Casa Amarás ” or the “ Supplier ”), through the WEB Site (the “ Service ”), the following terms must be fully read and conditions (“ T&C ”), and fully comply with the requirements and obligations established herein.

By entering, visiting, browsing, using the WEBSITE and/or acquiring the Products, the User agrees to be bound by them as well as accepts the Provider's Privacy Notice. If you do not agree with these T&C, you should not use the WEBSITE. These T&C constitute a contract that governs the relationship between the User and the Provider.

DEFINITIONS

In addition to the terms, where appropriate, defined in the preceding paragraphs or in any other part of this document, for the purposes of these T&C, the following shall be understood as:

Consumer : The person who receives the Product that is the object of the Service, that is, as a beneficiary thereof. All the obligations and requirements set forth in these T&Cs will apply to the Consumer as if they were the User, with the understanding that the person who contracts the Service (User) may be different from the Consumer.

Account : The individual registration of the User that will identify and distinguish it as such from the other contracting parties, which will be unique and non-transferable.

Unrecognized Delivery : When the package is received by a person who is not the User or the Consumer and who is not recognized by the latter.

Guarantee : Refers to the replacement of the product and/or reimbursement of the amounts paid by the User, in accordance with these T&C.

Supplier or Casa Amarás : Mezcal de Amor, SAPI de CV or its subsidiaries, designating the address located at Oaxaca 96, Office 101, Floor 1, Colonia Roma, Alcaldía Cuauhtémoc, Mexico City 06700.

Payment Method Provider : Grupo Conektame, SA de CV (Conekta), Operadora PayPal de México, S. de RL de CV (PayPal) or any other payment method service provider contracted by Casa Amarás for the provision of the payment method. Service.

Parcel Provider : Federal Express Holdings México y Compañía, SNC de CV (FedEx) or any other parcel service provider that Casa Amarás contracts for the purpose of providing the Service.

WEB site : The electronic address https://www.mezcalamaras.com , through which the Service can be contracted.

Territory : Territory of the Mexican Republic, in the geographic coverage areas of the Parcel Provider.

User : To the natural person of legal age, who has the capacity to exercise, in accordance with the laws of the United Mexican States (“ Mexico ”), and who meets the contracting requirements, enter the WEBSITE and obtain their individual Account of user.

The terms referred to in this section will have the same meaning whether they are used in the singular or plural.

MODIFICATION OF THE TERMS AND CONDITIONS

Casa Amarás reserves the right to occasionally change these T&Cs according to the needs of the Service, with or without notice. The promotion will be valid for the consumer as long as it shows evidence of our promotions in official brand campaigns and for this purpose it is enabled on the WEBSITE.

The most recent version of these T&C will be available on the WEBSITE, which will replace the previous versions. The use of the WEB Site, once the modifications to these T&C have been made, means that said changes are accepted.

PRIVACY

For the provision of the Service, the User must provide the Provider with personal data, therefore, by using the WEB Site, the User accepts all the terms of the Privacy Notice . https://mezcalamaras.com/pages/aviso-de-privacidad

FROM ACCOUNT

The User is responsible for keeping his Account, including his Username and password, as confidential, recognizing that he is responsible for all activities that take place using his Account or password.

ACCOUNT CANCELLATION

If fraudulent behavior or any illegal activity is detected, the Provider reserves the right to cancel, disable or suspend any Account at any time, without liability for the Provider, obliging the User to compensate any damage or harm caused to the Provider for misuse. of the WEBSITE or the Service.

OF THE USE OF THE WEBSITE

The User agrees, in addition to what is established in these T&C , to: (a) use the WEBSITE as authorized, only for personal and non-commercial use; (b) not copy or distribute any part of the WEBSITE without the prior written authorization of the Provider; (c) not alter or modify any part of the WEBSITE and; (d) not share the Website or its content with minors.

In order to access the Service, the User must create an Account or fill out the form with the required identification information, not being able to use another person's Account without their authorization. The Account or the form must be generated with true and complete information, and the Provider must be immediately informed of any security breach or unauthorized use of the Account. The Provider shall not be liable to the User for any loss or damage caused by any unauthorized use of the Account, the User acknowledges and agrees that he shall be responsible for any losses caused to the Provider or others as a result of any unauthorized use. account authorized.

The Provider may provide links to websites belonging to or managed by third parties, without this being able to be understood, under any circumstances, that the Provider endorses the content, products or services available on said websites, and that it is not responsible for their content. or your safety. The link or connection of the User to any other website is his sole responsibility.

REQUIREMENTS FOR USERS AND CONSUMERS

The general public may contract the Service when it meets each and every one of the following requirements:

  • Be of legal age (+18 years) and have the capacity to contract in accordance with the laws of Mexico.
  • Have a valid official identification that proves the date of birth (voting card, passport, military service card, professional license, etc., issued by an official Mexican government institution). In the case of foreigners residing in Mexico, have a passport or immigration form that proves their legal stay in Mexico. In the case of foreigners residing outside of Mexico, have a Passport or official identification from the country of residence that proves their majority.
  • When creating the Account or filling in the corresponding form, provide true data (full name including last name, date of birth, address, email address and contact telephone number(s), as requested on the Website. Likewise, you must provide any other information that is required by the Provider and that is necessary for the provision of the Service.
  • Have a valid payment method, which may be: (i) cash deposit through the Oxxo commercial chain (ii) bank transfer, which will be processed by the same service described in subparagraph (i) above or, (iii) Visa, Mastercard or American Express credit or debit card, which will be processed by the Payment Method Providers.
  • Accept the terms and conditions of the corresponding Payment Method Provider, according to the Service option chosen by the User.
  • Give full reading and accept these T&C. These T&Cs will be understood as accepted by any person who enters the WEB Site and obtains an Account or fills out the corresponding form, or is a beneficiary of the Service, whether User or Consumer.

SERVICE (HOME DELIVERY)

The Service consists of the sale of alcoholic beverages and consumer products marketed by Casa Amarás (the " Products ") and their home delivery through the Parcel Provider.

The Service will be provided exclusively within the Territory.

Service hours are established by location in accordance with the terms and conditions of the Parcel Provider, and they may change without prior notice.

The catalog of Products, promotions, prices and validity may vary without prior notice if the Supplier so decides for any reason, by eventuality and according to the location.

PAYMENT PROCESSING

The Supplier is supported, for the provision of the Service, by the Payment Means Providers, in order to facilitate the collection of the Products.

The Payment Method Providers will be responsible for the personal information of a financial nature that they request from the User, therefore, through these T&C, the Users and Consumers release the Provider from any responsibility related to the processing of payments.

By providing your credit or debit card information on the page, the Payment Method Provider obtains the consent of the User for the processing of the personal data that has been requested, in accordance with the Privacy Notice.

The Provider receives the payments that are collected through said third party without having direct access to your financial information.

CAUSES TO DENIAL THE SERVICE

The Provider may at any time deny the Service or cancel orders in progress, without liability for the Provider, when:

  • The participation of any minor as a User of the Service or Consumer of the Products is detected.
  • The User provides any false information or that cannot be verified.
  • The User or Consumer refuses or omits the delivery of documents requested by the Provider, such as the official identification document.
  • When the delivery area is classified as a high-risk area by the Parcel Provider or is outside its coverage area.
  • The User or Consumer misuses the WEBSITE or the Product, during the process of providing the Service to the User.

INTELLECTUAL PROPERTY

The User accepts and acknowledges that all the contents of the WEBSITE including, but not limited to, texts, brands, commercial notices, denominations, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs, as well as as other distinctive signs and, in general, any intellectual creation available on the WEBSITE, are duly registered and protected by the Intellectual and Industrial Property laws applicable to that effect. By virtue of the foregoing, the User, and any person who accesses the WEB Site, is prohibited from using it without having obtained the corresponding license or authorization in accordance with the legislation on the matter.

MISCELLANEOUS

It will be understood that any person who, directly or indirectly, requests or receives the Service, has known, understood and fully accepted to be bound and governed by these T&C, expressly waiving their right to deduce, promote, claim or exercise any action against of the Provider related to the cases in which its liability is limited or excluded by virtue of these T&C to the maximum extent permitted by law.

The Service is subject to changes caused by federal or local laws, as well as by acts of administrative or judicial authorities, without prior notice to Users or the general public.

The User knows and accepts that any content generated by the User on the WEBSITE or in relation to the Products, which is obscene, defamatory, is against the applicable legal provisions, constitutes criminal or offensive conduct or that promotes improper consumption and excessive alcohol use, will give the Provider the right to cancel your Account and any Service that has not been delivered at the time the act or event mentioned in this section occurs.

USE OF "COOKIES"

The WEBSITE may use temporary files (“ cookies ”) to facilitate access to the WEBSITE. Likewise, the browser or device used may generate cookies that allow the operation of others. You can deactivate and/or eliminate them through the privacy options of your Internet browser; in the understanding that this could affect the use of the WEB Site, without responsibility for the Provider.

GUARANTEE AND REFUND POLICY

The User will have a maximum period of 2 (two) calendar days, after receiving the Products, to send the evidence of non-conformity described below and validate the product guarantee:

- Photographs of the pieces received;

- Photograph of the damaged packaging; and

- Photograph of the tracking guide.

Said evidence must be sent to the email shop@mezcalamaras.com 

Once the email with all the aforementioned information is received, the Provider will analyze the nonconformity in question and, within a period of no more than 15 (fifteen) business days, will notify the User of the resolution of the particular case and, in any case, , if the reimbursement or the guarantee is appropriate.

When an Unacknowledged Delivery case arises, the Provider will conduct an investigation directly with the Courier Provider, and resolve in accordance with the terms and conditions of the parcel service.

If the resolution is favorable to the User, the Provider will resend the same Products claimed at no additional cost to the User or, in the event that said Product is no longer in stock, the User may demand a refund of the value of the Service or the substitution of the Product for any other of the same or lower price, in which case the difference will be refunded to the User.

Throughout this process, the Provider may require more information from the User, in which case the response times could be extended until the Provider has all the necessary information.

For refunds, in the event that the non-conformity proceeds, the Supplier will make the refund in accordance with the following guidelines:

  • A coupon with online credit equivalent to the value of the damaged or non-delivered Product may be granted, to be used within the WEBSITE, or;
  • The refund of the amount paid will be granted, specifically for the Product that is the subject of the claim, within the periods mentioned below: (a) If the payment was made with a credit or debit card (Visa, Mastercard, Paypal, American Express), the period for the return it will depend on the Payment Means Providers, according to their times and policies. (b) If the payment was made in cash at Oxxo stores, or payment with a present card, the Provider will make the refund within a period not exceeding 60 (sixty) business days, in accordance with the policies of the corresponding Payment Means Provider, the User must provide the Provider with a valid and current bank account number to make said refund.

RETURNS

In the event that the client is absent and the package cannot be delivered to the address after two visits by the Parcel Provider, it will be returned to the warehouse. The cost of the return will be charged directly to the User and will be discounted when making the money refund.

The client may request the reshipment of the Product, the amount paid will be reimbursed in the form of a coupon so that he can place his order again. The cost of reshipment will be deducted from this amount.

EXCLUSION OF LIABILITY

Each User is solely and absolutely responsible for all activities that occur through their Account. The Provider has no control over the use of a User's Account and the latter expressly waives any claim derived from unauthorized use or misuse thereof.

The Provider does not grant a guarantee, nor does it assume any responsibility for any direct or indirect damage and/or harm related to the accuracy and integrity of the content of the WEBSITE or of any site linked to that of the Provider, by virtue of the foregoing the Provider is not responsible for (a) errors or inaccuracies in the content of the WEBSITE, (b) personal injury or property damage of any kind resulting from access or use of the WEBSITE, (c) unauthorized access to the Provider's servers and the information of any kind stored therein, (d) interruption or temporary or permanent disabling of the WEBSITE, (e) errors in the software used, viruses, malware or similar, that have been introduced into the WEBSITE by any third party; and (f) errors or omissions in the content or for any loss or damage of any kind resulting from the use of any content posted, emailed, transmitted or otherwise made available to the User through the WEBSITE.

Likewise, the User accepts that the Provider is not responsible for any direct or indirect damage and/or harm arising from or in relation to (i) the performance or navigation on the WEBSITE; or (ii) its links to other websites, even if the User has been informed of the possibility of such damages. The User accepts that the Provider is not responsible for damages and/or losses derived from the interruption, suspension or termination of the Services when applicable in accordance with these T&C or the applicable current legislation.

The User acknowledges and accepts that, given the characteristics of the flow of information on the Internet, it is materially impossible for the Provider to control and guarantee the absence of viruses or other similar elements that may cause alterations in their computer system or in the electronic documents stored in their computer system.

LIMIT OF LIABILITY

By accepting these T&C the User accepts that in no case the total responsibility of the Provider towards the User, in the event that it is determined by a competent judicial or administrative authority, for any kind of damages or losses, may exceed the amounts effectively paid or payable by the User to the Provider corresponding to the Service from which the claim derives.

APPLICABLE JURISDICTION

Any controversy derived from the Service or against the Provider for the provision of the Service, will be governed by these T&C, and by the laws in force in Mexico, subjecting themselves to the jurisdiction and jurisdiction of the Courts of Mexico City, waiving the jurisdiction of the courts that for the benefit of their present or future domicile may correspond to the parties.



[LAST UPDATED MARCH 15, 2021]