TERMS OF USE AND PURCHASE WWW.PALOSANTOGALERIA.COM
REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content on it. Although we will always try to process all orders, there may be exceptional circumstances that compel us to reject the processing of an order after sending the Order Confirmation, and we reserve the right to do so at any time.
1. INTRODUCTION
This document (together with all the documents mentioned herein) sets out the terms governing the use of this website (www.palosantogaleria.com) and the purchase of products through it (hereinafter, the “Terms”). Please read these Terms, our Cookies Policy, and our Privacy Policy (collectively, the “Data Protection Policies”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and our Data Protection Policies. If you do not agree to all the Terms and Data Protection Policies, you should not use this website. These Terms may be modified, and it is your responsibility to review them periodically, as the terms in force at the time of each Contract (as defined below) or, in the absence of such, at the time of using the website, will be applicable. If you have any questions regarding these Terms or the Data Protection Policies, you may contact us (as defined below) through the contact methods described on this website. The Contract (as defined below) may be formalized, at your choice, in any of the languages in which the Terms are available on this website.
2. OUR INFORMATION
The sale of Palo Santo items through this website is carried out under the commercial name Palo Santo by UNIMETA S.A. DE C.V., a Mexican company with its registered office at Calzada del Valle, Colonia Del Valle, number 400, interior 1201, in the municipality of San Pedro Garza García, Nuevo León, C.P. 66220.
3. YOUR INFORMATION AND YOUR VISITS TO THIS WEBSITE
The personal information or data you provide about yourself will be processed in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us with is truthful and corresponds to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
i. Use this website solely to make legally valid inquiries or orders.
ii. Not place any false or fraudulent orders. If we reasonably believe an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
iii. Provide us with your email address, postal address, and/or other contact details truthfully and accurately. You also consent to us using this information to contact you if necessary (see our Privacy Policy). If you do not provide all the information we require, we may not be able to process your order.
By placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The items offered through this website are available for shipping within Mexico and abroad, except for those areas or zones where access, communication, or similar difficulties justify the unavailability of such offers, subject to an additional cost covered by the customer.
6. HOW THE CONTRACT IS FORMALIZED
There will be no contract between you and us concerning any product until your order has been expressly accepted by us. If, for any reason, your order has not been accepted and a charge has already been made to your account, the amount will be fully refunded. To place an order, you must follow the online purchase process. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). All orders are subject to our acceptance, which will be confirmed by an email notifying you that the product is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formalized when we send you the Shipping Confirmation. Only the products listed in the Shipping Confirmation will be subject to the Contract. We are not obliged to supply any other products that may have been part of your order until the shipment of those products has been confirmed in a separate Shipping Confirmation.
7. PRODUCT AVAILABILITY
All product orders are subject to availability. If due to force majeure, supply difficulties, or stock unavailability, we reserve the right to provide you with information about substitute products of equal or higher quality and value, which you can order. If you do not wish to order substitute products, we will refund any amounts you may have paid. We always strive to keep the website updated.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content on it. Although we will always try to process all orders, there may be exceptional circumstances that compel us to reject the processing of an order after sending the Order Confirmation, and we reserve the right to do so at any time.
9. DELIVERY
Without prejudice to the provisions of clause 7 regarding product availability, and unless extraordinary circumstances arise, we will attempt to deliver the order consisting of the product(s) listed in each Shipping Confirmation before the delivery date indicated in the relevant Shipping Confirmation or, if no delivery date is specified, within the estimated time frame indicated when selecting the shipping method. The maximum delivery time will be 15 business days, except in exceptional cases where the maximum delivery time may be 30 business days from the date of the Order Confirmation. However, delays may occur due to reasons such as product customization, unforeseen circumstances, or the delivery location. If, for any reason, we are unable to meet the delivery date, we will inform you of this 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 amount paid. Please note that we do not deliver on Saturdays or Sundays. For the purposes of these Terms, “delivery” shall be deemed to have occurred or the order “delivered” when you, the recipient, or a legally authorized person at the agreed delivery address acquires physical possession of the products, as evidenced by the signature of the receipt at the agreed delivery address.
10. IN-STORE PICKUP
If you choose the in-store pickup option, we will contact you once the order is ready to inform you that it is available for pickup. You may collect the order personally (by presenting the order number and your official ID) or designate another person to pick up the order on your behalf. In such a case, the designated person must present the order number along with their official ID. If you make a purchase through this service for in-store pickup, these Terms will also apply, without prejudice to any other applicable regulations.
11. TRANSFER OF RISK AND OWNERSHIP
Ownership and, therefore, the risks of the products will transfer to you upon delivery.
12. PRICE AND PAYMENT
The prices on the website include VAT but exclude shipping costs, which will be added to the total amount due as specified in our shipping section on this website. Prices may change at any time, but such changes will not affect orders for which we have already sent 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 payment. You must follow the steps of the purchase process, filling in or verifying the information requested at each step. Additionally, before making payment, you can modify the details of your order. A detailed description of the purchase process is available on our website. You can pay using Visa, Mastercard, American Express, Affinity Card Banamex, and PayPal. To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your card to ensure there are sufficient funds to complete the transaction. Your card will be charged when your order leaves our warehouse. If you use PayPal, the charge will be made when we confirm the order. By clicking “Authorize Payment,” you confirm that the credit card is yours. Credit cards are subject to verification and authorization by the issuing entity. If the entity does not authorize payment, we will not be liable for delays or non-delivery and cannot formalize a Contract with you.
13. VALUE-ADDED TAX (VAT)
In accordance with the VAT Law, the sale of goods in Mexico is considered a taxable activity for VAT purposes. A sale is deemed to take place in Mexico when the goods are located in the country at the time they are shipped to the buyer or when, in the absence of shipment, the physical delivery of the goods by the seller occurs in the country. Therefore, orders placed will be subject to the general VAT rate, which is currently 16%.
Returns and Exchanges
No returns or exchanges will be accepted for shipped products.
Defects or Hidden Flaws
In addition to the right of withdrawal mentioned above, consumers are granted the right to withdraw in cases of defects or hidden flaws under the terms and procedures outlined in this section. This right entails our commitment to accept the exchange or return of products within the first 30 days from the date you or a third party at the agreed delivery address, other than the carrier, acquired physical possession of the goods. In cases where goods are delivered separately, the period extends to 90 calendar days from the date you or a third party at the agreed delivery address acquired physical possession of the last item. This applies if the goods present defects or hidden flaws that render them unsuitable for their intended use, diminish their quality or usability, or fail to provide the safety reasonably expected of them given their nature and intended use.
Exercising the Right
If you believe that the product does not comply with the Contract due to defects or hidden flaws, you must contact us immediately and no later than the 30-day period mentioned above, through the contact methods available on this website, providing details of the product and the defect or flaw it has.
14. LIABILITY AND DISCLAIMER
Unless expressly provided otherwise in these Terms, our liability in connection with any product purchased through our website is strictly limited to the purchase price of such product. However, our liability is not excluded or limited in any matter where it would be unlawful to exclude or attempt to exclude or limit our liability. Subject to the above and as far as legally permissible, we will not be liable for:
i. Loss of income or sales;
ii. Loss of business;
iii. Loss of profits or contracts;
iv. Loss of anticipated savings;
v. Loss of data;
vi. Indirect damages; and
vii. Loss of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy or security of the information transmitted to or obtained from this website unless expressly stated otherwise. All product descriptions, information, and materials on this website are provided “as is,” without express or implied warranties, except those legally established.
If you are contracting as a consumer, we are required to deliver products in conformity with the contract, being liable for any lack of conformity that exists at the time of delivery. Products will conform to the contract if they (i) match the description provided by us and possess the qualities we presented on this website, (ii) are fit for the usual purposes of products of this type, and (iii) display the quality and performance that are reasonably expected of products of this type.
To the extent permitted by law, we exclude all warranties except those that cannot be lawfully excluded. Products, especially handmade items, may display the natural characteristics of the materials used in their manufacturing (e.g., variations in grain, texture, knots, and color). Such characteristics are not considered defects but should be appreciated as part of the product’s individuality. This clause does not affect your rights as a consumer or your right to withdraw from the contract.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks, and other intellectual property rights in the materials or content provided as part of the website belong to us or our licensors at all times. You may use such material only in the manner expressly authorized by us or our licensors.
The website, including but not limited to its programming, editing, compilation, designs, logos, text, and/or graphics, is owned by the RESPONSIBLE PARTY or is used under license. All content on this website is duly protected by intellectual and industrial property laws and registered with public authorities.
This does not prevent you from using the website to copy order information or contact details.
16. VIRUSES, PIRACY, AND OTHER CYBER ATTACKS
You must not misuse this website by introducing viruses, trojans, worms, logic bombs, or any other harmful material. You must not attempt unauthorized access to this website, its server, or any database connected to it. A breach of this clause may constitute a criminal offense, and we will report such breaches to the appropriate authorities.
We will not be liable for any damage or loss caused by a distributed denial-of-service attack, viruses, or other harmful material that may infect your computer or data due to your use of this website or your downloading of content from it.
17. LINKS FROM OUR WEBSITE
Where our website contains links to other websites or third-party materials, these links are provided solely for informational purposes. We have no control over the content of these websites or materials and accept no liability for any loss or damage resulting from their use.
18. WRITTEN COMMUNICATIONS
Applicable law requires some of the information or communications we send to you to be in writing. By using this website, you agree to electronic communication and acknowledge that all contracts, notifications, and other communications we send you electronically comply with legal requirements for written communication.
19. NOTIFICATIONS
Notifications to us should be sent through the contact channels provided on this website. We may communicate with you via email or the postal address provided when placing an order. Notifications will be deemed received when posted on our website, 24 hours after email dispatch, or three days after postal dispatch.
20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract binds both parties, as
