TERMS AND CONDITIONS OF SALE

The website www.chimichilly.com allows its users to purchase various products as well as contract different services in a reliable, safe and comfortable way. In order to provide our users with a comprehensive service in the acquisition and / or contracting processes through this website, users must adhere and fully accept the terms and conditions established in these Terms and Conditions of Sale, in the event of If said users do not agree in whole or in part with the provisions of these Terms and Conditions of Sale, they must refrain from acquiring and / or controlling the products or services offered through this website. Given the importance of the foregoing, the fact that the acquisition and / or contracting of products or services through this website implies acceptance of these general conditions is highlighted.

I. DEFINITIONS

Website. The website available through the domain www.chimichilly.com
Product available. Individually, it will refer to all types of goods, as well as all types of services, regardless of their nature, that are available on the website for purchase, acquisition or contracting, even free of charge. When reference is made to more than one available product, they will be referred to as “available products”.
Product purchased. All types of welfare, as well as all types of welfare regardless of their nature, once they have been bought, acquired and hired by the users of the website. When more than one purchased product is referred to, these will be referred to as “purchased products”.
User. Any person regardless of their nature who makes use of the website, especially if it buys or acquires, intends to buy or acquire, contracts, or intends to contract the products available through the website.
Owner The owner of the website, who for all legal purposes is JUAN PÉREZ ZAMORA, will be the only person who markets the products available on the website and may be contacted through the following means of contact:
Phone: 442 266 01 76
Email: chimichilly.ventas@gmail.com
Owner’s address. For all legal purposes, it will be understood that the owner’s address is the one located in Querétaro specifically at:
Av. Juárez Poniente 97, Col. Centro, San Juan del Río, Querétar. C.P. 76800. Mexico
RFC of the holder: The federal registry of taxpayers of the owner is: PEZJ6405293N0.
Purchase order. Document generated on the website that will contain the set of products purchased by the user, and that the owner agrees to deliver and / or carry out.

II. OF THE USER.

For all legal purposes, the user will be considered to be a person with the legal capacity to contract and be bound by the terms of this document, in this sense, every user of the website has the obligation to use the website responsibly and correct, for which the user agrees to:
Buying, acquiring or contracting the products available in a legal way and in the event that the user is aware of any circumstance that could legally affect the activity that takes place through the website, he / she will inform the owner immediately.
Do not make any purchase or acquisition in a simulated or fraudulent way. In the event that it is verified that the user has carried out any activity of this type, it may be canceled and the corresponding authorities will be notified.
In the event that it is verified that the user has carried out any activity of this type, it may be canceled and the corresponding authorities will be notified.
The website is aimed mainly at users residing in the Mexican Republic, for this reason, JUAN PÉREZ ZAMORA does not ensure that the website complies with the applicable legislation in other countries. In this sense, the owner declines any responsibility that may arise from the use of the website outside the Mexican Republic.
Also, it is reported that these conditions may be modified at any time, therefore, the user is responsible for consulting the updates made to this document, however, in the event that the user buys, acquires or contracts any Of the products available on the website, those that are published at the time the hiring, acquisition or purchase is requested.

III. PURCHASE AND ACQUISITION PROCESS
Users will be able to buy, acquire and / or contract the products available on the website, for which, they must follow the procedures established for this, provide the data that is requested and, where appropriate, make the corresponding payment.
Once the user completes the acquisition and / or contracting procedure, he will be able to obtain the purchase order, said document will specify the products purchased, that is, the goods and / or services that have been purchased, acquired and / or contracted by the user.
The purchase order must include, among other things, the date on which the products will be delivered, the services performed, or the service will begin to be provided to the user. In the event that there is any breach by the owner, or the purchased product is not available, the user must report it to the owner so that he can take the measures he deems appropriate to satisfy the user’s requirements, or, where appropriate, carry out the return of the payment that has been received, said reports must be submitted through the following email: chimichilly.ventas@gmail.com
The owner may send the user the purchase order, as well as the invoice thereof, as long as the user has provided the necessary data for this.
In case the user considers it pertinent to make a clarification regarding their data or regarding the products purchased, they may do so through the following email: chimichilly.ventas@gmail.com

Depending on their nature, some of the available products may require the acceptance of particular conditions for their purchase, acquisition or contracting, these will be available for each particular product or category of products, and may be consulted by the user at any time .
Unless otherwise indicated, the owner is the manufacturer of the products available on the website, however, the user must consider not only the information provided on the website, but must also attend to the information, instructions and warnings included on the labeling, manuals and descriptions that accompany the products purchased.
All activity carried out through the website may be registered and / or stored by the owner exclusively for the following purposes:
1. Keep a record of purchase orders and payments made through the website for quality purposes in service and customer service.
2. To constitute a means of proof of the operations carried out on the website, for any legal matter of its competence or interest.
3. Improve the services provided through the website, among other things, to make the user interface more user-friendly, facilitate the acquisition and / or contracting of available products, as well as to make recommendations to the user based on their preferences.
In any case, the provisions regarding the protection of personal data will be addressed, and any doubt or clarification that may be had in relation to this point, or the exercise of the rights established in favor of the user in terms of personal data protection, may be consulted in our privacy notice.

IV. PRICES AND PAYMENT
The prices displayed on the website are final and include taxes, and will be presented in Mexican pesos, unless a different matter is indicated and applied by legal requirement.
The shipping costs are indicated in the plugin of the page, which has an agreement with the company Envia Ya. Which quotes and generates a list of companies and prices for the user’s convenience, leaving it to their choice. The owner will be in charge of providing the order to the company selected by the user and the company will communicate the form and delivery terms.
In no case will additional products or services be added automatically, the user will only cover the cost of the products purchased, and in the event that an additional charge is made, they must report it to the owner immediately through the following email: chimichilly.ventas@gmail.com
The prices that are shown may be modified at any time by the owner, however, the changes that are made will not affect in any way the orders, purchases or contracts for which the user has obtained the order of purchase.

Payments will be accepted :
– Credit card
– Debit
– PayPal
– Wire transfer
They are also accepted as a means of payment: OXXO Pay.
Any payment that is made will be subject to verification, therefore, the purchase order will be generated once the funds (regardless of the means of payment that have been used) are available to the holder, or, Check that the collection has been authorized by the financial institution or payment operator. In these cases, the purchases may be unilaterally canceled by the owner, reimbursing the user the amounts that have been paid in his case; likewise, in the aforementioned cases, the shipment or delivery of the purchased products may be suspended or delayed without any responsibility for the owner until the corresponding payments are made.
The user consents that, where appropriate, charges are made at the time of the request for the available products, that is, prior to receiving the goods, products and services that he acquires, buys or contracts.

V. DELIVERY
In the cases in which it is appropriate to carry out the physical delivery of the products purchased, these will be carried out in the following territory: throughout the Mexican Republic.
Except for those cases in which there are unforeseen or extraordinary circumstances, or derived from the customization of the products purchased, these will be delivered within the period indicated on the website and in the Envia Ya! Plugin, through the method used by the user. In any case, the maximum delivery time will be 30 calendar days from the issuance of the purchase order. Similarly, deliveries will be made on business days.
If for any reason, attributable to the owner, the delivery date cannot be met, the user will be contacted to inform them of this circumstance and, they may choose to continue with the purchase, establishing a new delivery date: or, cancel the purchase order with the full refund of the amounts paid.
If it is impossible to deliver the products purchased due to the absence of the user, these may be returned to the owner, or sent to the storage centers of the company in charge of delivery. In such circumstances, this situation must be recorded through a notice placed at the address indicated for delivery, indicating the way in which the products purchased may be sent back to the user, or the place where they are you can collect them.
In cases where the user must collect the products purchased in a specific place, and more than 30 days have elapsed from the products purchased being available for delivery, and they were not delivered for reasons beyond the control of the owner, it will be understood that the user wishes to withdraw from the purchase order and it will be canceled. Consequently, the payments received from the user will be returned except for the additional expenses that the owner has had to make. The maximum term to make this refund will be 14 days, from the date the relationship is terminated.
In the cases of purchase or acquisition of assets, it will be understood that the delivery of the acquired products will be made at the moment in which the user or a third party authorized by him takes physical possession of said products, which will be accredited by signing the receipt of the order at the address indicated for delivery.
For the purposes of article 2249 of the Federal Civil Code, it will be understood that the sale is specified, from the issuance of the purchase order, for which from that moment, the user will obtain ownership of the products purchased, not However, the user will assume responsibility for the care of the products purchased, as well as the risks that their possession, use or storage entails from the moment of delivery.

VI. USER RIGHTS
In the cases in which the user acquires the products available through the website, they will be assisted by all the rights that as a consumer have been established in their favor in the laws of the Mexican state, and specifically the following:
a) To know prior to the purchase, and / or contracting, the total amount to pay for the goods, products or services that are offered through the website.
b) In the cases in which the user acquires products for human or animal consumption, prior to the purchase, the user will have the right to know the elements, substances or ingredients of which they are made or integrated, as well as: their properties, characteristics , expiration date, net content, weight or mass drained, warnings related to its consumption and conservation.
c) Without prejudice to the provisions of the tax legislation, the user will have the right to receive the invoice, receipt or voucher, of the products purchased, these may be included or attached to the purchase order, and must contain the specific data of the acquisition, purchase, contracting or any operation carried out and that has generated a cost for the user.
d) That the information you provide be treated confidentially, therefore, it may not be disseminated or transmitted to other suppliers or vendors outside the transaction, except by judicial requirement.
e) To know prior to the conclusion of the transaction, the physical address, telephone number and other information necessary to file claims or request clarifications from the owner.
f) In the case of assets or products, you will have the right to withdraw from the acquisition or purchase of the products purchased, without the need for justification for a period of 3 natural days and in case the products need to be sent to the user, until these have not been sent by the owner. In these cases, the user will have the right to receive all the payments made. The user may withdraw from the acquisition, purchase or contract made through the email: chimichilly.ventas@gmail.com
In the same way, the user will have the right to return the products purchased, within a period of 10 calendar days, from the date on which the goods or products were received. In these cases, the user will only have the right to have the cost of the goods or products purchased reimbursed, so they will not have the right to be reimbursed for the expenses that the owner has made to deliver objects. The user may inform the owner of his intention to return the goods or products, by the means indicated in the previous paragraph. You can also go directly to return the products purchased to the following address:
Av. Juárez Poniente 97 Col. Centro, San Juan del Río, Querétaro, Mexico. C.P. 76800
When the return involves sending the product to the owner, the user will assume the shipping costs.
In addition, it will be responsible for the decrease in the value of the products acquired resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods or products acquired.
In personalized products, or in those that can deteriorate or expire quickly, as well as media that store music or video without wrapping, and products that for hygiene or health reasons are received sealed and said seal has been removed after delivery no returns will be accepted.
The user accepts that all returns must be made using the original packaging, include the instructions and documents that accompany the assets or products, and a copy of the invoice, receipt or proof of purchase must be included.

In any of the aforementioned cases, the user must communicate his decision clearly and unequivocally.
On the other hand, in cases where the user considers at the time of delivery that the items he receives do not conform to the provisions of the purchase order, he must contact the owner immediately, and let him know of the defect, or where appropriate, that you have received objects other than those requested, using for this purpose the following email: chimichilly.ventas@gmail.com
When the user receives products other than those requested, he must return the products he has received and the owner must send the products actually purchased by the user again. In these cases, all shipping costs will be borne by the owner.
When the user confirms that he has received a defective product, the user will contact the owner through the indicated means of contact and will be informed of the way in which he will return the products, and once it has been done. a review of the same, you will be informed within a reasonable period of time if the reimbursement, or where appropriate, the restitution of the same. This period may not exceed 10 days.
The refund or refund of the product will be made as soon as possible and, in any case, within 15 days following the date on which the origin of the refund or refund of the item is confirmed. In all the expenses that this has made including the delivery costs and the expenses that it has made to carry out a return.
The user will enjoy the guarantees that can be acquired or contracted through the website itself, on the products purchased, in the legally established terms for each type of product, the owner responding for the defects that the products present within the period established in the guarantee that you may acquire.
In addition, the user may validate the guarantees included in the products manufactured by third parties other than the owner. In these cases, you may contact the brand or manufacturer of the product to exercise your rights during the time the warranty is valid.

VII. EXCLUSIVE OF LIABILITY

The user releases the owner of any responsibility in the following cases.
When there is a fault in the fulfillment of the obligations of the holder and this is generated by causes beyond the control of the holder, either by unforeseeable circumstances or force majeure, or by the breach of a third party on which the holder depends to be able to comply with the obligations in charge.
When the offenses mentioned in the previous paragraph generate loss of profit (in any way including: loss of income or anticipated savings, additional expenses, or breach of the user’s obligations to third parties) or any direct or indirect loss that the user may have. user, provided that this was not reasonably foreseeable by the parties at the time in which the products purchased were acquired, bought or contracted, the owner will not be responsible for said losses.
The same shall apply when the aforementioned faults occur due to non-compliance of the company in charge of making the delivery, or when the same faults arise from events such as those mentioned below: strikes, road closures, acts of vandalism, manifestations, and in general any activity outside the owner that delays delivery or causes damage or loss of the product. The foregoing will also apply when the acts mentioned generate a delay, suspension or malfunction of the contracted services.
In the cases mentioned, the obligations of the holder will be suspended during the period in which he is unable to fulfill his obligations and will have an extension in the term to fulfill them for a period of time equal to the duration of the cause that motivates upon breach, plus the time originally granted to comply. The owner will use all reasonable means to find a solution, or an alternative that allows him to comply with his obligations despite the circumstances that affect him.
The owner will not be responsible either, when the breach of his obligations with the user derives from a law, decree or administrative order, or by judicial order.
The owner will not be responsible for the misuse and / or wear of the products purchased that have been used by the user. Also, when the user decides to return the products purchased, in no case will the owner be responsible for an erroneous return made by the user. It will be the responsibility of the user to return the correct product.
Similarly, there will be no liability for the owner when there are little significant, minimal or imperceptible differences between the product received and the image that, if applicable, has been shown to promote the good or product.

VIII. NOTIFICATIONS AND COMMUNICATION BETWEEN THE PARTIES

By using this website, the user accepts that most of the communications with the owner are electronic, that is, through email or notices published on the website.
The user may send notifications and / or communicate with the owner through the contact information indicated in these Conditions and, where appropriate, through the contact spaces that are enabled on the website.
Also, unless otherwise stipulated in the purchase order, or in the advertisements of the products, the owner may contact and / or notify the user by email or directly at his address, if this has been provided.

IX. RESIGNATION AND NULLITY
No waiver by the owner of a specific right of legal action in their favor will imply the waiver of other rights or actions derived from a contract or from these Terms and Conditions of Sale, nor will it exonerate the user from compliance with their obligations. In the cases in which the owner renounces any of their rights or actions, they must do so in writing, specifying the right or action being waived, and where appropriate indicating the terms for it to take effect.
Also, when the owner omits to make a request to the user regarding the fulfillment of their obligations. In no way can it be understood that said omission implies any waiver of the rights or actions that the owner has in his favor. Nor will it be understood that the user has fulfilled the obligations.
If any of the parts of these Terms and Conditions of Sale were declared null or void by a firm resolution issued by a competent authority, the rest of the clauses and content will remain in force, without being affected by said declaration of nullity.

X. DATA PROTECTION
The information or personal data that the user provides in the course of a transaction on the website will be treated in accordance with the provisions of the data protection policies (which you can consult in our privacy notice). By using the website, the user consents to the processing of said information, and declares that all the information or data provided are true.

XI. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and use of the website, as well as the acquisition, purchase and / or contracting of the products available through it, will be governed by the applicable laws in the Mexican state, specifically in Querétaro.
Any controversy, problem or disagreement related to the interpretation or application of these Terms and Conditions of Sale, will be subject to the ordinary jurisdiction of the corresponding courts according to law in the place to which it refers.

Last modified: 11/01/18

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