Terms and conditions
www.casamaako.com
Thank you for visiting our website. These terms and conditions govern the use of this website (www.casamaako.com) and the purchase of products from it (hereinafter, the "Terms and Conditions"). We ask that you read these Terms and Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and Conditions and our Privacy Policy. Therefore, if you do not agree with all of the Terms and Conditions and the Privacy Policy, you should not use this website.
These Terms may be modified. It is your responsibility to review them periodically, as the terms in effect at the time of each Agreement (as defined below) or, failing that, at the time of your use of the Website will be the ones that apply to you.
If you have any questions regarding the Terms and Conditions or Data Protection Policies, you can contact us using our contact form.
OUR DATA
The sale of items through this website is carried out under the name MAAKO by Mariana Valentina Gonzalez Llamas at Calle Acacias No. 111, Col. Torreón Jardín, CP 27200, Torreón, Coahuila, RFC. GOLM8711201W9.
YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data you provide about yourself will be processed in accordance with the provisions of our Data Protection Policies. By using this website, you consent to the processing of such information and data and declare that all information or data you provide is true and accurate.
USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
- Use this website only to make legally valid inquiries or orders.
- Do not place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we will be authorized to cancel it and inform the relevant authorities.
- Provide us with your email address, postal address, and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).
If you don't provide all the information we need, we won't be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
SERVICE AVAILABILITY
The items offered through this website are only available for shipping within the Republic of Mexico, except in those areas where access, communication difficulties, or similar reasons make the offer unavailable.
HOW THE CONTRACT IS FORMALIZED
No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If for any reason your order has not yet been accepted and your account has already been charged, you will be refunded in full.
To place an order, you must follow the online checkout process and click "Authorize Payment." You will then receive an email acknowledging receipt of your order (the "Order Confirmation").
All orders are subject to our acceptance, of which you will be notified via an email confirming that the product has been shipped (the "Shipping Confirmation"). An electronic receipt with your order details will also be attached to the Shipping Confirmation (the "e-ticket"). The contract for the purchase of a product between you and us (the "Contract") will be formed only when we send you the Shipping Confirmation.
Only those products listed in the Shipping Confirmation will be subject to the Contract. We will not be obligated to supply any other products that may have been ordered until we confirm shipment to you in a Shipping Confirmation.
PRODUCT AVAILABILITY
All product orders are subject to availability. If, due to force majeure, or if product supply difficulties arise, or if, by exception, items are out of stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you may order. If you do not wish to order these substitute products, we will refund any amount you may have paid. We reiterate that we will always do our best to keep the website up to date.
REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time.
DELIVERY
Without prejudice to the provisions of the "PRODUCT AVAILABILITY" clause regarding product availability, and unless extraordinary circumstances arise, we will endeavor to ship your order consisting of the product(s) listed in each Shipping Confirmation by the delivery date indicated in the relevant Shipping Confirmation or, if no delivery date is specified, within the estimated timeframe indicated when selecting the shipping method. This will be a maximum of 10 business days; and, as a mere exception, a maximum delivery time of 30 business days from the date of the Order Confirmation.
However, delays may occur due to reasons such as product customization, unforeseen circumstances, or delivery area.
If for any reason we are unable to meet the delivery date, we will inform you and give you the option to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
For the purposes of these Terms and Conditions, "delivery" or the order will be deemed to have occurred when you or a third party designated by you acquire physical possession of the products, evidence of which will be provided by signing for receipt of the order at the agreed delivery address.
IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, it will be returned to our warehouse. We will also leave you a note explaining where your order is and how to arrange for a reshipment. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.
If, after 15 days from when your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and will consider it terminated. As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Contract terminated. Please note that shipping costs resulting from the termination of the Contract may incur additional costs, and we will therefore be authorized to charge you for the corresponding costs.
TRANSFER OF RISK AND PROPERTY
Ownership and therefore the risks of the products will be your responsibility from the moment of delivery.
PRICE AND PAYMENT
Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due.
Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to purchase, they will be added to your cart. The next step is to process the order and make the payment. To do so, you must follow the steps in the checkout process, filling out or checking the information requested at each step. You can also modify your order details during the checkout process before making the payment.
You can use Visa, Mastercard, and PayPal as payment methods.
To minimize the risk of unauthorized access, your credit card information will be encrypted. Once we receive your order, we will pre-authorize your card to ensure sufficient funds are available to complete the transaction. Your card will be charged when your order leaves our warehouse. If your payment method is PayPal, the charge will be made when we confirm your order.
By clicking "Authorize Payment," you confirm that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit cards will be subject to verification and authorization by the issuing entity, but if the entity does not authorize payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any Contract with you.
VALUE ADDED TAX
Pursuant to the Value Added Tax Law, the sale of merchandise in Mexico is considered a taxable activity for purposes of this tax. A sale is deemed to occur in Mexico when the goods are located in the country when they are shipped to the purchaser, and when, without shipment, the goods are physically delivered by the seller in the country.
Considering the above, orders placed will be subject to the general value-added tax rate, which is currently 16%.
LIABILITY AND DISCLAIMER OF LIABILITY
Unless expressly provided otherwise in these Terms, our liability in relation to any product purchased through our website shall be strictly limited to the purchase price of that product.
Notwithstanding the foregoing, our liability is not excluded or limited in any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Terms, we will not accept any liability for the following losses, regardless of their origin:
- loss of income or sales:
- loss of business;
- loss of profits or loss of contracts;
- loss of anticipated savings;
- data loss; and
- loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of any information transmitted or obtained through this website unless expressly stated otherwise.
All product descriptions, information, and materials appearing on this website are provided "as is" and without any express or implied warranties, except those required by law. In this regard, if you enter into a contract as a consumer and user, we are obliged to deliver items that conform to the Contract, and are liable to you for any lack of conformity that may exist at the time of delivery. Products are deemed to conform to the Contract provided that (i) they conform to the description we have provided and possess the qualities we have presented on this website, (ii) they are suitable for the uses for which products of the same type are ordinarily intended, and (iii) they provide the quality and performance that are reasonably expected of a product of the same type.
To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded against consumers and users.
The products we sell, especially handcrafted products, may often exhibit the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots, and color, are not considered defects or flaws. On the contrary, their presence should be expected and appreciated. We only select products of the highest quality, but natural characteristics are inevitable and should be accepted as part of the product's individual appearance.
The provisions of this clause shall not affect your rights as a consumer or user, nor your right to withdraw from the Contract.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks, and other intellectual property rights in and to the materials or content provided as part of the Website remain at all times vested in us or our licensors. You may use such material only as expressly authorized by us or our licensors. This will not prevent you from using this Website to the extent necessary to copy your order or contact information.
VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs, or any other technologically harmful programs or material. You must not attempt to gain unauthorized access to this website, the server on which it is stored, or any server, computer, or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may result in violations classified under applicable law. We will report any violation of these rules to the appropriate authorities and cooperate with them to identify the attacker. Furthermore, in the event of a violation of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a distributed denial-of-service attack, viruses or any other technologically harmful or damaging programs or material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any content on it, or to any website linked to it.
LINKS FROM OUR WEBSITE
If our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we do not accept any liability for any damage or loss arising from their use.
WRITTEN COMMUNICATIONS
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by email or SMS, or we will provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send you electronically comply with the legal requirement that they be in writing. This condition will not affect your statutory rights.
NOTIFICATIONS
Any notifications you send us should preferably be sent via our contact form. In accordance with the provisions of Section 20 above and unless otherwise stipulated, we may send communications to you either by email or to the postal address you provide when placing an order.
Notices will be deemed received and properly served immediately upon posting on our website, 24 hours after an email is sent, or three days after the postage date of any letter. To prove service, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and properly delivered to the post office or mailbox, and, in the case of an email, that it was sent to the email address specified by the consumer.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
This Agreement is binding on both you and us, as well as on our respective successors, assigns, and assigns.
You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations arising from it without our prior written consent.
MARIANA VALENTINA GONZÁLEZ LLAMAS may transfer, assign, encumber, subcontract, or otherwise transfer a Contract or any of the rights or obligations arising from it at any time during the term of the Contract. For the avoidance of doubt, such transfers, assignments, encumbrances, or other transfers will not affect any statutory rights you as a consumer may have, nor will they void, reduce, or otherwise limit any warranties, whether express or implied, that we may have granted you.
EVENTS BEYOND OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
Force Majeure or Act of God shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and, among others, the following:
- Strikes, lockouts or other protest measures.
- Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor vehicles or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strikes, failures or accidents involving maritime or river transport, postal transport or any other type of transport.
Our obligations under the Contracts will be deemed suspended for the duration of the Force Majeure Event, and we will have an extension of the time to fulfill such obligations for a period equal to the duration of the Force Majeure Event.
We will use all reasonable means to bring the Event of Fortuitous Event or Force Majeure to an end or to find a solution that allows us to fulfill our obligations under the Contract despite the Event of Fortuitous Event or Force Majeure.
RESIGNATION
Our failure to require strict performance by you of any of your obligations under a Contract or these Terms or our failure to exercise any of the rights or remedies to which we may be entitled under a Contract or these Terms shall not constitute a waiver or limitation of those rights or remedies and shall not relieve you from compliance with those obligations.
No waiver by us of any particular right or action shall constitute a waiver of any other rights or actions arising from the Agreement or the Terms.
No waiver by us of any of these Conditions or of any rights or actions arising from the Contract will be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notices section above.
PARTIAL NULLITY
If any of these Conditions or any provision of a Contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.
COMPLETE AGREEMENT
These Terms and any document expressly referred to herein constitute the entire agreement between you and MARIANA VALENTINA GONZÁLEZ LLAMAS (hereinafter MAAKO) in relation to the subject matter hereof and replace any other prior agreement, understanding or promise made between you and MAAKO, whether verbal or in writing.
You and MAAKO acknowledge that you have agreed to enter into this Agreement without relying on any representation or promise made by the other party or that may be inferred from any statement or writing in the negotiations between you and us prior to this Agreement, except as expressly stated in these Terms.
Neither you nor MAAKO will have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the other party's sole remedy will be for breach of contract in accordance with these Terms and Conditions.
OUR RIGHT TO MODIFY THESE TERMS
We have the right to review and modify these Terms at any time.
You will be subject to the policies and Terms in effect at the time you use this website or place an order, unless we are required by law or government agency to make retroactive changes to these policies, Terms, or Privacy Statement, in which case any changes will also apply to orders you have previously placed.
APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and any product purchase agreements made through said website shall be governed by Mexican law.
Any dispute arising from or related to the use of the website or such contracts shall be subject to the jurisdiction of the courts and tribunals of Mexico City. You expressly waive any other jurisdiction that may apply to you based on your current or future addresses or for any other reason.
If you are contracting as a consumer, nothing in this clause will affect your rights as a consumer under current legislation.
COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send them to us using our contact form.