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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"Supplier"), the following terms and conditions must be read in full (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 be bound 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, it will be referred to as the"Media").

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:
• WEB Site.- The electronic address https://www.granarrecifemaya.com, through which the Service may be contracted, the Users and Consumers being subject 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, the Consumers and Users being subject to these Terms and Conditions and the Privacy Notice from the moment of use and entry to it.
• Account.- The individual registration of the User that will identify him and distinguish him as such from the other contracting parties, which will be necessary for contracting the Service.
• User.- The natural person of legal age and who has the capacity to exercise, in accordance with the laws of the Mexican Republic, and who complies with the contracting requirements, enters the Service and obtains their individual User Account.
• Consumer.- To the person who receives the product that is the object of the Service, that is, as the 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, with the understanding that the person who hires the Service (User) may be different from the Consumer.
• Supplier- Cervecería Tulum, SAPI de CV, which has its address on the Federal Highway México-Toluca ColLomas de Bezares, DelMiguel Hidalgo, CD de México, Postal Code 11910.
• Territory:The Mexican Republic, limited to the service coverage areasFor more information see https://www.granarrecifemaya.com
• Guarantee:Refers to the replacement of the product and/or reimbursement of the amounts paid by the client, in accordance with the agreement.
• 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 occasionally change these Terms and Conditions according to the needs of the Service, with or without notification.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.Use of the Media after modifications to these Terms and Conditions have been made means that such changes are accepted.

Privacy
For more information, see our privacy policy.

From account
The User is responsible for keeping his Account, including the data of his User and password, confidential, acknowledging that he is responsible for all activities that are carried out 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, and proceed legally as the case may be and the damage done.

Use of the Website and the Application
The User agrees, in addition to what is established herein, 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; and (c) not 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 another person's Account without their authorization.The Account must be generated with accurate and complete information, and the Provider must be informed immediately about any security breach or unauthorized use of the Account.The Provider will not be responsible for the losses that have been caused by any unauthorized use of the Account, the User acknowledges and accepts that he will be responsible for the losses caused to the Provider or others due to such unauthorized use.
The Provider may provide links to websites belonging to or managed by third parties, without this 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 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 according to 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 credential, passport, military service card, professional identity card, etc., issued by an official Mexican government institution).
• Read fully and accept these Terms and ConditionsThese Terms and Conditions will be understood to be accepted by any person who enters the Media and/or obtains an Account, or is a beneficiary of the Service, either User or Consumer.
• Provide the Account with true data (full name including surname, date of birth, address, email address and contact telephone number (s)), as required in the MediaLikewise, you must provide any other data that may be required by the Provider.
• Have a valid payment method, which may be:(i) cash deposit through the xxxxxxxxxxxx, which will be processed by the service called xxxxxxxxx, already contracted by the Provider, and which includes an extra charge per derived transaction of the commission for this service of 9 pesos national currency (ii) bank transfer, which will be processed by the same service that is described in paragraph (i) above or, (iii) credit or debit card Visa, Mastercard or American Express , 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 drinks and consumer products (hereinafter the"Product (s)") (see participating products on the WEBSITE and/or 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 areas of coverage of the parcel (UPS).
Service hours are established by location in accordance with local laws, 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, for eventuality and depending on the location.
The Service's distributors make the delivery"at the door"or at the branch, depending on the locality, so they are not obliged to place the product inside the property.


Of payment processing
The Provider relies, for the provision of the Service, from a debit and credit card payment processor in order to facilitate the collection of the Products.Said third party is responsible for the personal information of a financial nature that he requests, therefore, by means of these Terms and Conditions, Users and Consumers release from all responsibility related to the processing of payments to the Provider.
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 Provider receives the payments that are collected through said third party without having direct access to its 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 who receives 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 his or her legal age by means of an official identification or irregularities such as; ostensible falsification of the identity document, impersonation of persons or alteration of previously provided information.
• When there is any restriction to access the consumer's final address, indicating in an enunciative way, but not limiting, the cases of neighborhoods or residential


Intellectual property
The User accepts and acknowledges that the contents of the WEB Site and the Application including, but not limited to, texts, brands, 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 Intellectual and Industrial Property laws applicable to that effect.By virtue of the foregoing, the User and any person who accesses the Media is prohibited from using it 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 be bound and governed in accordance with these Terms and Conditions, expressly waiving their right to deduce, promote, claim or exercise any action against the Provider related to the cases in which its liability is limited or excluded by virtue of these Terms and Conditions to the maximum extent permitted by law.
This Service is subject to changes caused by 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 Application.Likewise, the browser or device used may generate cookies that allow the operation of otherYou can deactivate and/or eliminate them through the privacy options of your Internet browser; with 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 disagreement described below and make the product warranty valid:
• Photographs of the pieces received;
• Photograph of the damaged packaging; Y
• Photograph of the tracking guide.
Said evidence should 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 of no more than 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 occurs, the Supplier will carry out an investigation directly with the courier company, which will take between 3 and 5 business daysDuring this time, the case will be analyzed and if the resolution is favorable to the client, the Supplier will forward the debated products.
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 the event of the disagreement, the Supplier will make the reimbursement in accordance with the following guidelines:
1. A coupon with online credit equivalent to the value of the damaged or undelivered product (product of choice subject to inventory availability) will be awarded to be used within the WEBSITE, or;
2. The reimbursement of the amount paid will be granted, specifically for the product that is the subject of the claim, within the terms mentioned below:
1. If the payment was made by credit or debit card (Visa, Mastercard, Paypal, American Express), the term for the return will depend on the bank intermediaries, according to their times and policies.
2. If 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 refund within a period of no more than 10 (ten) business days, counted from the date on which 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 reimbursement.

Returns
In the event that the customer is absent and the package cannot be delivered at home after two visits by the parcel, it will be returned to the warehouse.The cost of the return will be charged directly to the customer and will be discounted when reimbursing the money (see guarantees and refunds).
The cost of the return is $ 150.00 mn
The client may request the resend of the package, the amount paid will be refunded in a coupon so that he can place his order againThe cost of the forwarding will be deducted from this amount.
The forwarding cost is $ 100.00 mn
Grounds for exclusion of liability
Each User is the sole and absolute responsible for all the activities that occur under his 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 WEB Site or any site linked to the Provider, by virtue of the foregoing, the Provider is not responsible for (a) errors or inaccuracies in the content of the WEBSITE or the App, (b) personal injury or property damage of any kind resulting from the access or use of the WEBSITE or the App, (c) unauthorized access to the Provider's Servers and the 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 introduced in the WEB Site 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, sent by email, transmitted or in any other way made available to the User through the WEBSITE or the App.
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) performance or navigation on the Media; or (ii) its links to other websites, even if the User has been informed of the possibility of such damagesThe 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 current applicable legislation.
The User acknowledges and accepts that, given the characteristics of the information flow 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 towards 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 controversy raised by the Service and its complements, 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, waiving the jurisdiction of the courts that for the benefit of their present or future domicile may correspond to the parties.

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