Terms and Conditions

Terms and Conditions

ACCEPTANCE OF THE TERMS AND CONDITIONS

To purchase Ramo de Rosas products (Licores Artesanales Zua SA de CV, through the WEBSITE (the "Service"), you must read the following terms and conditions ("T&C") in full, and fully comply with the requirements and obligations established here.

By entering, visiting, browsing, using the WEBSITE and/or purchasing the Products, the User agrees to be bound by them as well as accepts the Supplier's Privacy Notice. If you do not agree with these T&C, you must 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 applicable, defined in the preceding paragraphs or elsewhere in this document, for the purposes of these T&Cs the following shall be understood:

Consumer : The person who receives the Product that is the object of the Service, that is, as its beneficiary. All 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 : To the individual registration of the User that will identify and distinguish them as such from the other contracting parties, which will be unique and non-transferable.

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

Supplier : Licores Artesanales Zua, RFC LAZ201201SC9, located at Calle General Zuazua 10, 11850 Miguel Hidalgo, Mexico City

Parcel Provider : Any parcel service provider that hires Bouquet of Roses for the provision of the Service.

WEBSITE : The electronic address http://www.ramo-de-rosas.com, through which the Service can be contracted.

Territory : Territory of the Mexican Republic, in the geographic areas of coverage 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

Ramo de Rosas 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 they show 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 previous versions. The use of the WEBSITE, once the modifications to these T&C have been made, means that said changes are accepted.

PRIVACY

To provide the Service, the User must provide the Provider with personal data, so by using the WEBSITE the User accepts all the terms of the WEBSITE Privacy Notice.

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, with the User obligated to compensate for any damage or loss caused to the Provider due to misuse. of the WEBSITE or the Service.

USE OF THE WEBSITE

The User undertakes, in addition to what is established in these T&Cs, to: (a) use the WEBSITE as authorized, solely 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 have access to the Service, the User must create an Account or fill out the form with the identification information required, and may not 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 will not be responsible to the User for any damage or loss caused by any unauthorized use of the Account, the User acknowledges and accepts that he will be responsible for any losses caused to the Provider or others as a result of any unauthorized use. authorized account.

The Provider may provide links to websites belonging to or managed by third parties, without this fact being 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 their 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 your birth (voting card, passport, military service card, professional ID, 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 age of majority.
• When creating the Account or filling out the corresponding form, provide true data (full name including surname, date of birth, address, email address and contact telephone number(s), as required on the WEBSITE. You must also provide any other data 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 section (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, in accordance with the Service option chosen by the User.
• Completely read and accept these T&Cs. These T&Cs will be deemed accepted by any person who enters the WEBSITE and obtains an Account or fills out the form with their personal data, 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 Ramo de Rosas (the "Products") and their home delivery through the Parcel Provider.

The Service will be provided exclusively within the Mexican Territory, in states, cities or municipalities covered by our parcel service. Ramo de Rosas reserves the right to deny a sale due to impossibility of delivery.

Service schedules 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 decides for any reason, due to eventuality and depending on the location.

PAYMENT PROCESSING

The Provider relies, for the provision of the Service, on the Payment Method Providers, in order to facilitate the collection of the Products.

The Payment Method Providers will be responsible for the personal financial information requested from the User, so through these T&C, Users and Consumers release the Provider from all responsibility related to payment processing.

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

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

CAUSES FOR REFUSE OF SERVICE

The Supplier may at any time deny the Service or cancel orders in progress, without liability for the Supplier, 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 information 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 contents of the WEBSITE including, but not limited to, texts, brands, commercial notices, names, 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 this purpose. By virtue of the foregoing, the User, and any person who accesses the WEBSITE, is prohibited from using it without having obtained the corresponding license or authorization in accordance with the relevant legislation.

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 in accordance with these T&C, expressly waiving their right to deduct, promote, claim or exercise any action against of the Supplier relating to cases in which its liability is limited or excluded under 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 him on the WEBSITE or in relation to the Products, that is obscene, defamatory, is against the applicable legal provisions, constitutes criminal or offensive conduct or that promotes improper consumption and excessive alcohol, 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 disable and/or delete them through the privacy options of your Internet browser; with the understanding that this could affect the use of the WEBSITE, without liability for the Provider.

GUARANTEES AND REFUNDS POLICY

The User will have a maximum period of 24 hours, from receiving the Products, to send the evidence of non-conformity described below and make the product warranty valid:

- Photographs of the pieces received;

- Photograph of the damaged bottle(s); and

- Photograph of the tracking guide.

Warning: No refunds will be issued based solely on damaged packaging.

Said evidence must be sent to the email website@ramo-de-rosas.com

Once the email with all the aforementioned information is received, the Provider will analyze the non-conformity 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 refund or guarantee is appropriate.

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

If the resolution is favorable to the User, the Supplier will resend the same claimed Products 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 replacement of the Product with 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, if non-conformity arises, the Supplier will make the refund in accordance with the following guidelines:

• A coupon may be granted with online credit equivalent to the value of the damaged or undelivered Product, to be used within the WEBSITE, or;
• The refund of the amount paid, specifically for the Product object of the claim, will be granted within the deadlines mentioned below: (a) If the payment was made by credit or debit card (Visa, Mastercard, Paypal, American Express), the deadline For the refund it will depend on the Payment Method Providers, in accordance with their times and policies. (b) If the payment was made in cash in Oxxo stores, or payment by card present, the Provider will make the refund within a period of no more than 60 (sixty) business days, in accordance with the policies of the corresponding Payment Method 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 customer is absent and the package cannot be delivered to the home 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 deducted when the money is refunded.

The customer may request reshipment of the Product, the amount paid will be refunded in coupon form so that the customer can place their order again. The cost of reshipping 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 arising from unauthorized use or misuse thereof.

The Provider does not grant a guarantee, nor assumes any responsibility for any direct or indirect damage and/or harm related to the accuracy and integrity of the content of the WEBSITE or any site linked to the Provider's, 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 type stored therein, (d) temporary or permanent interruption or 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) your 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 arising 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 on their computer. computer system.

LIMIT OF LIABILITY

By accepting these T&Cs, the User accepts that in no case will the total liability of the Provider towards the User, if determined by a competent judicial or administrative authority, for any type of damage or loss, exceed the amounts actually paid or payable by the User to the Provider corresponding to the Service from which the claim derives.

APPLICABLE JURISDICTION

Any controversy arising 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, subject to the jurisdiction and competence of the Courts of Mexico City, waiving the jurisdiction of the courts that, for the benefit of their present or future domicile, could correspond to the parties.