Terms and Conditions

ACCEPTANCE OF THE TERMS AND CONDITIONS

For the acquisition of products from Casa Agave SMA SAPI, with address at Josefina Orozco 19 #8, San Miguel de Allende, Guanajuato 37750, Mexico, through the Website (the "Service"), the following terms and conditions ("T&C") must be read in full, and fully comply with the requirements and obligations established herein.

By entering, visiting, browsing, using the Website and/or acquiring the Products, the User accepts to be bound by them as well as accepting the Supplier's Privacy Notice. If you do not agree with these T&C, you should not use the Website. These T&Cs constitute a contract that governs the relationship between the User and the Provider.

Definitions
In addition to the terms, if any, defined in the preceding paragraphs or in any other part of this document, for the purposes of these T&Cs, it will be understood by:

Consumer: To the person who receives the Product object of the Service, that is, as a beneficiary of it. All the obligations and requirements set forth in these T&Cs 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.

Account: To the individual registration of the User who will identify him and distinguish him as such from the other contracting parties, which will be unique and non-transferable.

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

Warranty: It refers to the replacement of the product and/or refund of the amounts paid by the User, in accordance with these T&C.

Supplier or Casa Agave: Casa Agave SMA SAPI, with address at Josefina Orozco 19 #8, San Miguel de Allende, Guanajuato 37750, Mexico.

Website: The email address https://www.casagave.mx, through which the Service can be contracted.

Territory: Territory of the Mexican Republic, in the geographical areas of coverage.

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 his individual User Account.

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

Casa Agave reserves the right to change these T&Cs from time to time according to the needs of the Service, with or without notice. The promotion will be valid for the consumer as long as it shows evidence of our promotions in official brand campaigns and for this purpose it is enabled on the Website.

The latest version of these T&Cs will be available on the Website, which will replace the previous versions. The use of the Website, once the modifications to these T&C have been made, means that such changes are accepted.

PRIVACY

For the provision of the Service, the User must provide the Provider with personal data, so by using the Website the User accepts the Privacy Notice in all its terms. https://casage.mx/terms of the account.

The User is responsible for maintaining his Account, including his User and password data, as confidential, recognizing 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 Supplier reserves the right to cancel, disable or suspend any Account at any time, without liability to the Supplier, forcing the User to compensate for any damage or harm caused to the Provider for the misuse of the Website or the Service.

OF THE USE OF THE WEBSITE

The User undertakes, in addition to the provisions of these T&C, to: (a) use the Website as authorized, only 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; (c) not to alter or modify any part of the Website and; (d) not to share

In order to have access to the Service, the User must create an Account or fill out the form with the identification information that is required, not being able to use another person's Account without their authorization. The Account or the form must be generated with truthful and complete information, and must immediately inform the Provider of any security flaw or unauthorized use of the Account. The Provider will not be liable with the User for any damage or harm caused by any unauthorized use of the Account, the User acknowledges and accepts that he will be responsible for losses caused to the Provider or others as a result of any unauthorized use of the 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 such websites, and that it is not responsible for their content or security. The User's link or connection to any other website is his sole responsibility.

REQUIREMENTS FOR USERS AND CONSUMERS

The general public will be able to contract the Service when it meets each and every one of the following requirements:

  • Be of legal age (+18 years old) and have the ability to contract in accordance with the laws of Mexico.

  • Have a valid official identification that proves the date of your birth (voting credential, passport, military service card, professional card, 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 Mexico, have a passport or official identification of the country of residence that proves their age of majority.

  • Provide in the creation of the Account or the filling out of the corresponding form truthful data (full name including surnames, date of birth, address, email address and contact phone 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 as described in subsection (i) above or, (iii) Visa, Mastercard or American Express credit or debit card, which will be processed by the Payment Media Providers.

  • Accept the terms and conditions of the corresponding Payment Provider, in accordance with the option of the Service that the User chooses.

  • Give full reading and accept these T&Cs. These T&Cs will be understood to be accepted by any person who enters the Website and obtains an Account or fills out the corresponding form, or is a beneficiary of the Service, either User or Consumer.

SERVICE (DELIVERY AT HOME)

The Service consists of the sale of alcoholic beverages and consumer products marketed by Casa Agave (the "Products") and their home delivery through the Parcel Provider.

The Service will be provided exclusively within the Territory.

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 so decides for any reason, by eventuality and according to the locality.

OF PAYMENT PROCESSING

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

Payment Providers will be responsible for the personal information of a financial nature requested from the User, so through these T&Cs, Users and Consumers release from all responsibility related to the processing of payments to the Supplier.

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

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

CAUSES FOR DENYING THE SERVICE

The Supplier may at any time deny the Service or cancel ongoing orders, without liability to 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 Supplier, 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 the 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 the contents of the Website including but not limited to texts, trademarks, commercial notices, denominations, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs, as well 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 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 legislation of the matter.

MISCELLANEOUS

It will be understood that any person who, directly or indirectly, requests or receives the Service, has known, understood and fully agreed to be bound by and be governed by these T&Cs, expressly waiving his right to infer, promote, claim or exercise any action against the Supplier related to the cases in which his liability is limited or excluded under these T&Cs to the

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 the improper and excessive consumption of alcohol, will give the Provider the right to cancel his Account and any Service that has not been delivered at the time the act or fact of those

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 deactivate 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 to the Provider.

GUARANTEES AND REFUNDS POLICY

The User will have a maximum period of 2 (two) calendar days, from having received the Products, to send the evidence of the non-conformity described below and make the product warranty valid:

- Photographs of the pieces received;

- Photograph of the damaged packaging; and

- Photograph of the tracking guide.

Such evidence must be sent to the email shop@casagave.mx

Once the email with all the aforementioned information has been received, the Provider will analyze the non-conformity in question and, within a period not exceeding 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 Unrecognized Delivery is presented, the Supplier will carry out an investigation directly with the Courier Supplier, and will resolve in accordance with the terms and conditions of the parcel service.

If the resolution is favorable for 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 request more information from the User, in which case the response times could be extended until the Provider has all the necessary information.

For refunds, in case of non-conformity, the Supplier will make the refund in accordance with the following guidelines:

  • A coupon with online credit equivalent to the value of the damaged or undelivered Product may be granted to be used within the Website, or;

  • The refund of the amount paid, specifically for the Product subject of claim, will be granted within the periods mentioned below: (a) If the payment was made by credit or debit card (Visa, Mastercard, Paypal, American Express), the deadline for the return will depend on the Payment Media Providers, according to their times and policies. (b) If the payment was made in cash in Ox the User to the Provider a valid and valid bank account number to make such reimbursement.

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 the reshipment of the Product, the amount paid will be refunded in the form of a coupon so that he can place his order again. The cost of the forwarding will be deducted from this amount.

DISCLAIME-OFF

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 of it.

The Supplier does not grant a warranty, nor assume 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, by virtue of the foregoing the Supplier is not responsible for (a) errors or inaccuracies in the content of the Website, (b) personal injury or damage to property temporary or permanent disqualification 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 published, sent by email, transmitted or in any other way made available to

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) 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 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 in their computer system.

LIMIT OF LIABILITY

By accepting these T&C, the User accepts that in no case the total liability 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 Supplier corresponding to the Service from which the claim derives.

APPLICABLE JURISDICTION

Any dispute 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 may correspond to the parties.