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Terms of service

TERMS AND CONDITIONS

Acceptance of the Terms and Conditions
To contract the Cerveceria Tulum Service (hereinafter the"Service"or the"Provider"), you must fully read the following terms and conditions (the"Terms and Conditions"), and fully comply with the requirements and obligations here establishedBy entering, visiting, browsing, using the Media and/or accepting the Products, the User agrees to be bound by them, as well as to abide by the Provider's Policies or Privacy Notice.If you do not agree to these Terms and Conditions, you must not use the Media, these Terms of Use are a contract that governs the relationship between you and the Provider
The Service will be executed within the electronic page https://www.granarrecifemaya.com, and through its mobile application (hereinafter the"Application") (when there is an indistinct reference to any of the means for contracting the Service, referred to as the"Means")

Definitions

In addition to the terms, where appropriate, defined in the preceding paragraphs, for the purposes of these Terms and Conditions, it will be understood as:
• WEBSITE.- The electronic address https://www.granarrecifemaya.com, through which the Service may be contracted, subjecting Users and Consumers to these Terms and Conditions and the Privacy Notice.
• Application.- The interactive application for mobile devices available for iOS and Android, through which the Service can be contracted, subjecting the Consumers and Users to these Terms and Conditions and the Privacy Notice from the moment of use and entrance to it
• Account.- The individual registration of the User that will identify and distinguish him as such from the other contracting parties, which will be necessary for contracting the Service.
• User.- To the natural person of legal age and who has the capacity to exercise, in accordance with the laws of the Mexican Republic, and who meets the contracting requirements, enters the Service and obtains his or her individual User Account.
• Consumer.- To the person who receives the product object of the Service, that is, as a beneficiary of thisAll the obligations and requirements set forth in these Terms and Conditions will apply to the Consumer as if it were the User, on the understanding that the person who contracts the Service (User) may be different from the Consumer.
• Supplier- Cervecería Tulum, SAPI de CV, which is domiciled on the Mexico-Toluca Col.Lomas de Bezares, DelMiguel Hidalgo, Mexico City, Zip Code 11910
• Territory:The Mexican Republic, limited to the Service coverage areasFor more information see https://www.granarrecifemaya.com
• Warranty:Refers to the replacement of the product and/or reimbursement of the amounts paid by the customer, in accordance with what was agreed.
• Unrecognized delivery:When the package is received by a person other than the customer and who is not recognized by the latter.
If there are more definitions in the body of these Terms and Conditions, their meaning will be indicated immediately.


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

Modifications to the Terms and Conditions
The Provider reserves the right to change these Terms and Conditions from time to time in accordance with the needs of the Service, with or without notice.The most recent version of these Terms and Conditions will be available on the Website and in the Application, which will replace the previous versions.Your use of the Media after changes to these Terms and Conditions have been made means acceptance of those changes.

Privacy
For more information, see our privacy policy

From account
The User is responsible for keeping his Account, including the data of his Username and password, as confidential, recognizing that he is responsible for all the activities that are carried out using his Account or password.

Account cancellation
If fraudulent behavior or any illicit activity is detected, The Provider reserves the right to cancel, disable or suspend any account at any time, and proceed legally as the case may be and the damage done.

Use of the Website and the Application
The User undertakes, in addition to what is established herein, to:(a) use the WEBSITE as authorized, solely for personal and non-commercial use; (b) not to copy or distribute any part of the WEBSITE without the prior written authorization of the Provider; and (c) not to alter or modify any part of the WEBSITE.
In order to have access to the Services, the User must create an Account, not being able to use the Account of another person without their authorization.The Account must be generated with accurate and complete information, and the Provider must be informed immediately of any security breach or unauthorized use of the Account.The Provider shall not be liable for any losses caused by any unauthorized use of the Account, the User acknowledges and agrees that he shall be liable for any losses caused to the Provider or others due to such unauthorized use.
The Provider may provide links to WEB sites owned 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 safetyThe 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 they meet each and every one of the following requirements:
• Be of legal age in accordance with the laws of the Mexican Republic, whose general assumption is 18 years.
• Have a valid official identification that proves the date of your birth (voting card, passport, military service card, professional license, etc., issued by an official Mexican government institution)
• Fully read and accept these Terms and ConditionsThese Terms and Conditions will be understood as accepted by any person who enters the Media and/or obtains an Account, or is a beneficiary of the Service, whether User or Consumer.
• Provide the Account with true data (full name including surnames, date of birth, address, email address and contact telephone number(s), as required by the Media.Likewise, you must provide any other information that is required by the Supplier.
• Have a valid payment method, which may be:(i) cash deposit through xxxxxxxxxxxx, which will be processed by the service called xxxxxxxxx, already contracted by the Provider, and which includes an extra charge for derived transaction of the commission for this service of 9 pesos national currency (ii) bank transfer, which will be processed by the same service described in subsection (i) above or, (iii) Visa, Mastercard or American Express credit or debit card , which will be processed by the service called PayPal, already contracted by the Provider

Service
The"Cervecería Tulum"Service is a Home Delivery Service for beverages and consumer products (hereinafter the"Product(s)") (see participating products on the Website and/or in the Application)
Check our delivery times in FREQUENTLY ASKED QUESTIONS (IMPORTANT TO CREATE A HYPERLINK TO PUT SOME QUESTIONS AND THEIR ANSWERS)

The Service is exclusive in the states and coverage areas of the package (UPS)
Service hours are established by location in accordance with local legislation, 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 chance and according to the location.
The Service's distributors make the delivery"at the door"or in a branch depending on the location, so they are not obliged to place the product inside the property


From payment processing
The Provider is supported, for the provision of the Service, by a debit and credit card payment processor in order to facilitate the collection of the ProductsSaid third party is responsible for the personal information of a financial nature that it requests, therefore, by means of these Terms and Conditions, 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 processor obtains the User's consent for the processing of the personal data requested.
The Supplier receives the payments that are collected through said third party without having direct access to your financial information

Reasons for refusal of service
• The participation of any minor
• Provide or affirm any data that is not true or can be approved by the User.
• Because 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
• When the Consumer or user receiving the Product is intoxicated or under the influence of any psychotropic substance and this is evident
• When the Provider's staff is attacked or offended in any way
• When the Consumer who receives the order cannot prove their age of majority by means of an official identification or irregularities such as are detected; Obvious falsification of the identity document, impersonation of persons or alteration of information previously provided
• When there is any restriction to access the final domicile of the consumer, indicating in an enunciative manner, but not limited to, the cases of neighborhoods or residential


Intellectual property
The User accepts and acknowledges that the contents of the Website and the Application, including, but not limited to, texts, trademarks, commercial notices, names, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs , as well as other distinctive signs and, in general, any intellectual creation available in the Media, are duly registered and protected by the applicable Intellectual and Industrial Property laws.By virtue of the foregoing, the User and any person who accesses the Media are prohibited from using them without having obtained the corresponding license or authorization in accordance with the law of the matter.

Others
It will be understood that any person who, directly or indirectly, requests or receives the Service, has known, understood and fully accepted to abide by and be governed by these Terms and Conditions, expressly renouncing their right to deduct, promote, claim or exercise any action against the Supplier related to the assumptions in which its liability is limited or excluded under these Terms and Conditions to the maximum extent permitted by law
This Service is subject to changes caused by virtue of federal or local laws or resolution by administrative or judicial authorities, without prior notice to Users or the general public.

Use of cookies
The WEBSITE may use temporary files (“cookies”) to facilitate access to the WEBSITE or the ApplicationLikewise, the browser or device used may generate cookies that allow the operation of otherYou can deactivate and/or delete them through the privacy options of your Internet browser; in the understanding that this could affect the use of the WEBSITE or the Application

Guarantee and Refund Policy
All Users and/or Consumers have a maximum period of 2 business days, from having received their products, to send the evidence of the non-conformity described below and make the product guarantee valid:
• Photographs of the pieces received;
• Photograph of damaged packaging; and
• Photograph of the tracking guide
Said evidence must be sent to the email distribucion@cerveceriatulum.mx
Once the email with all the aforementioned information has been received, the Provider will analyze the disagreement in question and, within a period not exceeding 3 (three) business days, will notify the User and/or Consumer of the resolution of the particular case and , in any case, if the refund or guarantee is appropriate
When a case of Unrecognized Delivery is presented, the Supplier will carry out an investigation directly with the courier company, which will take between 3 and 5 business days.During this time, the case will be analyzed and if the resolution is favorable for the client, the Supplier will resend the products discussed.
Throughout this process, the Provider may require more information from the User or Consumer, for which the response times could be doubled.
For reimbursements, in case of nonconformity, the Supplier will make the reimbursement according to the following guidelines:
1A coupon will be granted with online credit equivalent to the value of the damaged or undelivered product (product of choice subject to inventory availability) to be used within the WEBSITE, or;
twoThe reimbursement of the amount paid will be granted, specifically for the product subject to the claim, within the periods mentioned below:
1If the payment was made by credit or debit card (Visa, Mastercard, Paypal, American Express), the term for the return will depend on the banking intermediaries, according to their times and policies.
twoIf the payment was made in cash at xxxxxxx stores, by means of electronic transfer by STP, or payment with a present card, the Supplier will make the reimbursement within a period not exceeding 10 (ten) business days, counted from the payment is reflected in its system, and the User and/or Consumer 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 courier, it will be returned to the warehouse.The cost of the return will be charged directly to the customer and will be deducted when making the refund of the money (see guarantees and refunds)
The cost of the return is $150.00 mn
The customer may request the reshipment of the package, the amount paid will be refunded in a coupon so that he can place his order againThe cost of forwarding will be deducted from this amount
The cost of forwarding is $100.00 mn
Causes of exclusion of responsibility
Each User is solely and fully responsible for all activities that occur under their Account.The Provider has no control over the use of a User's Account and the latter expressly waives any claim arising from such use.
The Provider does not grant a guarantee, nor does it assume any responsibility for any direct or indirect damage and/or loss 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 or the Application, (b) personal injury or property damage of any kind resulting from the access or use of the Website or the Application, (c) unauthorized access to the Provider's Servers and information of any kind stored therein, (d) temporary or permanent interruption or disabling of the Application or the WEBSITE, (e) errors in the software used, viruses, Trojans, worms, malware or similar , that have been entered on the WEBSITE or Application 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 published, emailed, transmitted or otherwise made available to the User through the WEB site or the Application
Likewise, the User accepts that the Provider is not responsible for any direct or indirect damage and/or loss arising from or in relation to (i) the performance or navigation of the Media; 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 the damages and/or losses derived from the interruption, suspension or termination of the Services when applicable in accordance with these Terms and Conditions 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 its computer system or in the electronic documents stored in its computer system

Limit of Liability
By accepting these Terms and Conditions, the User accepts that in no case the total responsibility of the Provider against the User, in the event that it is determined by a competent judicial or administrative authority, for any kind of damage or loss, may exceed the amounts actually paid or payable by the User to the Provider corresponding to the Service order from which the claim derives

Applicable jurisdiction
Any dispute arising from the Service and its supplements will be governed by these Terms and Conditions, and by the laws in force in the United Mexican States, subject to the jurisdiction and competence of the Courts of Mexico City, renouncing the competence of the courts that for the benefit of their present or future domicile could correspond to the parties.

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