Terms and Conditions
This document constitutes an adhesion contract for the use of the Internet page www.srmango.com (hereinafter “Mr. Mango” and/or “Website”) entered into by: on the one hand, SMFW SA de CV (hereinafter “ Mr. Mango ”), in his capacity as responsible and on the other hand, the User, both parties subjecting themselves to the provisions of this document.
ACCEPTANCE OF THE TERMS AND CONDITIONS
By entering and using this Internet portal, identified with the domain name www.srmango , property of Señor Mango , the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares its acceptance using electronic means for this purpose. in terms of the provisions of article 1803 and other provisions of the Federal Civil Code.
For the purposes of this contract, the parties agree that "User" will be understood as any person of any nature who enters the website www.srmango.com and/or any of the subpages that display its content and/or the person of any nature that registers and/or uses any of the services offered through said page.
If the User does not absolutely and completely accept the Terms and Conditions of this contract, the User must refrain from accessing, using and observing the Website and/or any other service offered by Señor Mango .
In the event that the User accesses, uses and observes the Site, it will be considered an absolute and express acceptance of the Terms and Conditions of Use stipulated here, the other documents incorporated therein by reference, as well as the applicable laws and regulations. in accordance with current legislation for the use of the Website.
Señor Mango will not keep an individual copy of this agreement entered into between the User and the Company, so the User is recommended to keep a copy of these Terms and Conditions of Use for their own file.
In the event that the User violates what is expressed in these Terms and Conditions of Use, Señor Mango may cancel its use, as well as exclude the User from future operations, and/or take legal action that it deems appropriate for its interests.
USE OF THE SITE www.srmango.com
The User and Mr. Mango agree that:
- In order to use the Website, the User must be at least 18 years of age or accessing it under the supervision of a parent or legal guardian.
- Señor Mango grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described, for the purpose of purchasing personal items sold on the same Page. The User may only print and/or copy any information and/or image contained or published on the website www. srmango.com exclusively for personal use, so the commercial use of said information is expressly and strictly prohibited. If you are a legal entity, you will be subject to the provisions of article 148, section IV of the Federal Copyright Law. The reprinting, publication, distribution, assignment, sublicense, sale, electronic or other reproduction, in whole or in part, of any information, image, document or graphic that appears on the website www.srmango.com for any use other than personal use Non-commercial use is expressly prohibited to the User, unless they have the prior written authorization of Señor Mango . Any violation of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this section, without prior notice. .
- Certain services and related features that may be available on srmango.com may require registration or subscription. The User acknowledges that, by providing personal information, they grant Señor Mango the authorization indicated in article 109 of the Federal Copyright Law. If the User decides to register or subscribe to any of these services or related functions, the User agrees to provide accurate and up-to-date information about himself, and to promptly update that information if there are any changes.
- Each Site User is solely responsible for keeping passwords and other account identifiers secure. The account holder is fully responsible for all activities that occur under his or her password or account. Furthermore, the User must notify the Company of any unauthorized use of their password or account. In no event will Señor Mango be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of the User's failure to comply with this section.
- During the registration process, the User agrees to receive promotional emails from www. srmango.com However, you may subsequently opt out of receiving such promotional emails by clicking the link at the bottom of any promotional email.
- Señor Mango reserves the right to block access or remove partially or totally any information, communication or material that in its sole judgment may be: i) abusive, defamatory or obscene; ii) fraudulent, artificial or deceptive; iii) violating copyright, trademarks, confidentiality, industrial secrets or any intellectual property rights of a third party; iv) offensive or; v) that in any way contravenes the provisions of this contract.
- Mr. Mango does not presume that the content of his Page can be legally viewed outside the United Mexican States. Access to the content may not be legal for certain persons or in certain countries. If the User accesses the content from outside the United Mexican States, he or she does so at his or her own risk and is responsible for compliance with the laws within the jurisdiction in which the User is located.
- Users are prohibited from violating or attempting to violate the security of the Website and the affiliated Websites of Señor Mango. The User is prohibited from: (a) accessing data that the User is not authorized to use or log in to. a server or in an account to which the User does not have authorized access; (b) attempting to examine, scan, or test the vulnerability of a computer system or network or to breach security or authentication measures without proper authorization; (c) attempt to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Website or to Señor Mango 's affiliated websites causing saturation of such sites by "flooding" ( flooding), "spamming", "mailbombing" or "crashing"; (d) sending unsolicited emails, including promotions and/or advertising of products or services, or; (e) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
- The User acknowledges that violations of the computer system or network security may generate civil or criminal liability. Señor Mango will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; The Company will cooperate with the competent authority in the investigation of said violations in the terms established in the applicable legislation.
- To properly enter the Site, Users must have the equipment and facilities necessary for their Internet connection (computer, telephone, modem, programs, etc.), with the use of this equipment being their sole responsibility.
- Señor Mango is exempt from any liability that occurs due to interruptions or suspensions of the Internet access service caused by failure in the telecommunications system, in the supply of electrical energy, fortuitous events or force majeure or an action of third parties that may disable the equipment that provides access to the network.
- Therefore, Señor Mango is not responsible for any damage, loss or loss to the User caused by failures in the system, the server or the Internet. The Company will also not be responsible for any virus that may infect the User's equipment as a result of access, use or examination of the Site or as a result of any transfer of data, files, images, text, or audio contained therein. Users may NOT attribute any responsibility or demand payment of damages or losses due to technical difficulties or failures in the systems or on the Internet. Señor Mango does not guarantee continued or uninterrupted access and use of the Site. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the control of the Company; In such cases, efforts will be made to restore it as quickly as possible without any type of liability being attributed to it. Señor Mango will not be responsible for any errors or omissions contained on the Site.
INTELLECTUAL AND INDUSTRIAL PROPERTY, AND COPYRIGHT
Señor Mango acknowledges being the sole owner of the intellectual property rights, whether registered or unregistered, in the site *www.srmango.com* , including but not limited to: projects, software, source code, graphics, photographs, videos , images, music, sound, texts, logos, brands, domain names, trade names and data included on the Website *www.srmango.com* . The entire content of our page is also protected by copyright as a collective work under Mexican copyright laws and international conventions. All rights reserved.
Users are warned that such rights are protected by current Mexican and international legislation regarding intellectual and industrial property and copyright.
Copying, reproduction, adaptation, modification, distribution, commercialization, license, sending, disclosure, public communication and/or any other action that generates a violation of current Mexican or international legislation on intellectual and/or industrial property is prohibited. as well as the use of the contents of the Site without prior express written authorization from Señor Mango.
In the event that the User transmits to Señor Mango any information, programs, applications, software or in general any material that requires to be licensed through the Website *www.srmango.com* , the User hereby grants Señor Mango a perpetual, universal, royalty-free, non-exclusive, worldwide license, including the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, publicly display and perform them.
The provisions of the previous paragraph will also apply to any other information that the User sends or transmits to Señor Mango , including, without limitation, questions, criticisms, comments and suggestions to renew or improve the Website, whether these have been included. in any space on the indicated page or by virtue of other means or modes of transmission known or developed in the future. Furthermore, when the User sends comments or criticisms to the website, they also grant Señor Mango the right to use the name that the User sends, within the framework of said review, comment, or any other content.
Therefore, the User expressly renounces in this act to carry out any action, demand or claim against Señor Mango , its affiliates or suppliers for any current or eventual violation of any copyright or intellectual property rights derived from the information, programs , applications, software, ideas and other material that the User himself sends to the website *www.srmango.com* .
If it is considered that any content published on the Website violates intellectual or industrial property rights, the User may make a notification by contacting the Señor Mango Customer Service Center. The User will have to indicate: i) true personal data (name, address, telephone number and email address of the claimant); ii) handwritten signature with the personal data of the owner of the intellectual property rights; iii) precise and complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as the location of said violations on the referred website; iv) express and clear declaration that the introduction of the indicated content(s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; v) express, clear declaration under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of said rights.
The Website contains links to third party websites. These links are provided solely as an advantage of the Website for the User and do not imply that Señor Mango has approved the content of said third party websites. Señor Mango is not responsible for the content of linked third-party websites and makes no representations regarding the content or accuracy of material on such third-party sites. If the User decides to access third-party websites through these links, they do so under their own responsibility and risk.
The User acknowledges and accepts that some parts of the Website may contain information, images, advertisements and other advertising or promotional material from third party sponsors and advertisers (hereinafter “Advertising Material”). Advertisers and sponsors are responsible for ensuring that Advertising Material submitted for inclusion on the Website complies with relevant laws and regulatory codes. Señor Mango is not responsible for any errors or inaccuracies in advertising materials.
Likewise, the User hereby acknowledges and accepts that said Advertising Material is protected by the applicable intellectual and industrial property laws.
WARRANTY OF THE PURCHASED PRODUCTS
Señor Mango acts as a distributor of manufacturers or wholesale distributors who guarantee that the products sold on the website *www.srmango.com* function correctly and do not present defects or hidden defects that could make them dangerous or unsuitable for normal use. . Notwithstanding the above, the use that each User gives to the products is their exclusive responsibility, without any responsibility of Señor Mango.
The duration of the contractual warranty is clearly detailed on the product page of each item and is issued and endorsed by the manufacturer or supplier of each product.
No User may request a broader guarantee than that indicated there. In such cases, Señor Mango will not be obliged to respond to said guarantees, nor to collect the damaged product(s).
The warranty will lose its validity in the event of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear, improper use, or installation and use not in accordance with the supplier's or manufacturer's instructions.
Products transported, modified or repaired by the User or any other person not authorized by Señor Mango are excluded from the guarantee. The guarantee will not apply to apparent defects and conformity defects of the product, for which any claim must be made by the User in question within 7 (s) calendar days following delivery of the products. Once payment is processed, refunds are not accepted.
The information given about each product, as well as the photographs or videos related to them and the trade names, brands or distinctive signs of any kind contained on the Señor Mango Site are presented for exclusively indicative purposes. Señor Mango is not responsible for any errors or inaccuracies in product information.
CREDITS AND PROMOTIONS
Señor Mango will inform Users subscribed to the newsletter, by e-mail, of all future promotions and opportunities, with the respective dates and conditions.
Promotions will have specific terms and conditions, and Users interested in participating will be responsible for reading and understanding these terms and conditions.
Señor Mango coupons cannot be combined with other coupons from the same store.
The credits generated by Señor Mango 's promotional actions (coupons, etc.) may be exchanged exclusively for physical products marketed on the Website www.srmango.com . Credits cannot be exchanged for other credits.
PURCHASE OF THE PRODUCTS
In order to purchase the products, the User must pay for the selected products, taxes and corresponding shipping costs through the payment service providers that Señor Mango makes available to the User on the Website. The User may only purchase products through the Website to be delivered to an address within the territory of the United Mexican States.
Once the purchase is made by the User, through implicit acceptance of the Terms and Conditions of Use, Señor Mango will send an e-mail to the User informing the details of the purchase made.
Payment for products purchased on the Site may be made through any of the payment methods offered by the Site, these being, among others: credit card, debit card, payment in OXXO. The list of payment methods offered may be subject to modification at any time without prior notice to Users.
Payment by credit card or any other online payment method must be made on the Site.
The order number assigned when carrying out the transaction on the Site does not imply acceptance of the transaction. If you have any problem with your order, the User will be notified by email or telephone.
Señor Mango will send the purchase confirmation via email. Only after confirmation of payment will the products be released for delivery to the delivery address indicated by the User.
Bodegas Señor Mango reserves the right to request official documents from its clients, as a means of validation of the product acquisition process through the Site.
In case of ignorance on the part of the Banking Institution corresponding to the charges made by the corresponding User through credit card and derived from operations carried out on the Site, Señor Mango reserves the right to initiate the corresponding legal actions and establish criminal or civil responsibilities as the case may be or of any other nature, as well as carrying out all those internal actions that may range from charging the credit card of said User again to the definitive withdrawal of the User from the Site, to which will not require prior authorization from the User.
ACCEPTANCE ORDER AND PRICES
All product prices indicated through the Website include VAT and other taxes that may apply. However, these prices do not include the costs corresponding to the shipping of the products, which will be detailed separately in each order and must be accepted and paid, prior to shipment, directly and exclusively by the User.
The User must consider that there are cases in which an order cannot be processed for various reasons. In that sense, Señor Mango reserves the right to deny or cancel any order for any reason, at any time. In addition, it must be clear that the User may be asked for additional information, even before accepting the order.
Señor Mango will provide the most accurate pricing information to Users, however, certain errors may still occur, such as cases where the price of an item is not displayed correctly on the Website. As such, the Company reserves the right to refuse or cancel any order. In the event that the price of an item is incorrect, Señor Mango may, at its discretion, contact the User to request instructions or cancel the order and will notify the User of such cancellation. It is worth mentioning that Señor Mango will have the right to cancel such orders, whether or not the order has been confirmed and paid.
All products offered on the Site are subject to stock and availability, so delivery time may vary with prior notice from us, or the order may even be canceled and the User's charges refunded in case .
If the delivery time offered is not to the User's complete satisfaction, the order can be requested to be cancelled.
SHIPPING COSTS AND DELIVERY OF PRODUCTS
Señor Mango will send the products purchased by the User to the address specified by the User for this purpose as long as said address is within the coverage area communicated by Señor Mango .
The delivery time begins upon confirmation of payment by the bank, online payment platform, or Señor Mango Credit department.
The products will be sent and delivered to the User by third parties (hereinafter “Transport Companies”). By virtue of the foregoing, the User agrees to submit to the shipping and delivery of the products to the delivery policies of the Transport Companies themselves, which are incorporated by reference into these Terms and Conditions of Use.
The period described on the Site is an estimate. In this way, it is possible that this deadline changes for logistical reasons and force majeure. In the event that due to any fortuitous event or force majeure that may delay the delivery of the products purchased on the Site, Mr. Mango will at all times exempt from any liability.
In the event that the User has not received the products within the period declared by Señor Mango , they must contact the Company through the customer service center.
The cost of freight will be added to the value of the purchased merchandise and will be calculated and informed to the User before confirming the purchase. The cost of freight may depend on factors such as the total weight of the merchandise, the distance and type of delivery, and may be modified by Señor Mango at any time without prior authorization from the User.
At the time of delivery, the person receiving the merchandise will be asked for official identification (voter ID, passport, FM2 immigration form or driver's license), so it is required to have this document on hand when delivering the merchandise. buys.
Mr. Mango suggests that the User verify the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, they are asked not to receive the delivery from the Transport Company and to immediately contact the Señor Mango customer service center.
CANCELLATION OF THE PURCHASE OF THE PRODUCTS
The User may cancel the purchase of Products made through the Website, as long as the Products purchased have not left the Señor Mango offices. If the Products have already been sent by Señor Mango, the User will not be able to cancel the purchase made.
The User may check the status of the purchase made through the My Orders section of the User's Account or by contacting the Señor Mango customer service center.
In the event of cancellation of the purchase made by the User, the amount paid by the User will be refunded in accordance with the “Refunds” section of these Terms and Conditions.
As these are perishable products, once the order has been received and/or has been opened, no type of monetary refund will be accepted.
The User may return the products purchased through the Website, as long as:
- Request a return within 7 calendar days following the delivery date, or exclusively in cases of defective products, within the warranty period specified for the products purchased.
- The product(s) are in the same conditions in which they were delivered to the User and, to the extent possible, with the original packaging and labeling, or alternatively in some similar format that guarantees return in perfect condition.
As these are perishable products, once the order has been received and/or has been opened, no type of monetary refund will be accepted.
The process of returning the Products will be as follows:
- The User must contact the *Señor Mango* customer service center within the established period requesting the return of the products and providing, first and last name, order number, names of products to be returned, address at which the products will be collected. products. In the event that the return is due to the fact that the product or products are defective or it is a different product than the one purchased through the Website, the User must also express this circumstance, as well as mention, where appropriate, the defects of the products, (hereinafter the “Return Request”).
- Once the Return Request is approved, Señor Mango may send the User a guide for shipping through the corresponding Transport Company, as well as schedule the date on which the Transport Company will collect the products from the address provided by the User.
- The User must, where appropriate, pack the product in its original box or packaging, print and deliver the guide, as well as the Products in their original packaging or box to the Transport Company on the date scheduled for this purpose.
If the payment was made by debit or credit card, the refund will be made through a chargeback on the same card that was used. If the payment was made by other means, the refund will be made through a bank transfer to the User's account.
The User will be reimbursed for the cost of the returned products plus the cost of freight paid by the User for them.
Señor Mango is not and will not be responsible for the expenses incurred by returns that occur without respecting the steps established in the procedure presented in the “Returns” section.
As these are perishable products, once the order has been received and/or has been opened, no type of refund will be accepted.
Deadline for refunds in case of cancellation
In the event of cancellation of the purchase made by the User in accordance with the “Cancellation of the purchase of products” section of these Terms and Conditions, Señor Mango must request a refund from the User for the entire amount paid by the User. within the next 7 calendar days from the date of cancellation of the User's purchase.
Deadline for refunds in case of return
Once the products returned by the User are received, Señor Mango will review the returned products.
In the event that the products received by Señor Mango meet the characteristics established in point 2 of the “Return Conditions” section, the Company will have the obligation to return the money paid by the User within 7 calendar days from the day on which Mr. Mango received the returned products.
USER RESPONSIBILITY IN RELATION TO TRANSACTIONS
The User assumes responsibility for all costs, fees, taxes and demands that will arise from the use of this Website. The access data communicated to the User for their profile have been designed exclusively for personal use, and must be treated confidentially. The User must modify their passwords regularly. All transactions carried out through the profile account will be charged to the owner of the relevant profile account, and will be binding.
The User is responsible without limitations for direct and indirect damages, as well as consequential damages, that could be caused by gross negligence or illegal intention.
The User must send a billing request to the Company's customer service center 24 hours from when the purchase was made. Invoice requests will not be processed for purchases that do not fall within this period.
When requesting the invoice, it will be necessary for the User to have on hand and provide the following tax requirements:
- RFC with Homoclave
- Full name or company name
- Complete tax address including street, neighborhood, delegation or municipality, state and postal code
- Form in which the Payment was made (cash, electronic fund transfers, nominative checks or debit, credit, service cards or so-called electronic wallets authorized by the Tax Administration Service)
- Indicate at least the last 4 digits of your payment account
- Email where the invoice will arrive
- Once the corresponding invoice has been issued, *Commercial Name* will not be able to re-invoice or issue subsequent invoices.
RESTRICTIONS FOR MINORS
Señor Mango does not intentionally make sales to minors, so parents and guardians are recommended to carry out the activities of purchasing products or registering on the Website themselves.
Parents or guardians of minors will be responsible for the acts carried out by them in accordance with the provisions of these Terms and Conditions of Use, including damages caused to third parties, actions carried out by them and that are prohibited by law and by the provisions of this agreement, without prejudice to the responsibility of the User, as long as the User is not the parent or legal representative of the minor offender.
The User hereby undertakes to indemnify and hold harmless Señor Mango and its subsidiaries, controller, shareholders, directors, employees, officials, directors and agents against any actions, procedures, responsibilities, demands, claims, losses, responsibilities, damages, costs, damages, expenses and costs, as well as the expenses, costs and fees of lawyers and external advisors that arise from or are related to the violation by the User of: (i) these Terms and Conditions, and/or (ii) any applicable laws, rules, decrees or regulations.
Señor Mango reserves the right to assume the defense and control of any matter or claim that involves or could involve the payment of compensation associated with any breach by the User. The User agrees to cooperate with Señor Mango in the development of the relevant defenses.
MODIFICATIONS TO THE SITE *www.srmango.com*
Señor Mango may at any time and when it deems appropriate, without the need to notify the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site, without This does not give rise or right to any claim or compensation, nor does this imply recognition of any responsibility in favor of the User.
VALIDITY, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE
The Company, as well as the User, acknowledge that the Terms and Conditions are of unlimited validity, and will come into force upon publication on the Site.
Señor Mango reserves the right to make changes to this document without prior notice. Therefore, Mr. Mango recommends that the User regularly re-read this document, so that they are always informed of any possible modifications. Alterations to the contract will become effective immediately upon publication on the Site. Once the modifications are made, it will be presumed that the User who continues to use the Site will be fully aware of, will have read and consent to the amended Terms and Conditions. If the User does not accept the modified terms and conditions, they must stop using the Website.
Señor Mango may at any time suspend access to the Website and/or terminate these Terms and Conditions. The termination of these Terms and Conditions will not imply in any case that Señor Mango must compensate the User.
These Terms and Conditions of Use, as well as any additional terms, constitute the entire agreement between the parties, and supersede any other agreement or contract entered into previously. Any clause or provision of this contract, as well as the additional terms, legally declared invalid, will be eliminated or modified at the election of Señor Mango in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their force, obligation and validity.
From time to time, Señor Mango may review, update and/or add to the Terms and Conditions of Use of this contract additional provisions related to specific areas or new services provided on or through the Website www.señormango.com , which will be published in the specific areas or new services of said site for reading and acceptance. The User acknowledges and accepts that these additional terms are an integral part of this contract for all legal purposes that may apply.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use will be interpreted and governed by the legislation in force in Mexico, Federal District, waiving the application of the Convention on the International Sale of Goods.
CESSION OF RIGHTS
The rights granted to the User must be considered personal rights and the User may not assign or transmit them, nor authorize any third party to use them in any way. Señor Mango may totally or partially assign its rights and/or obligations under its responsibility to any third party, subsidiary or controller of Señor Mango without prior authorization from the User. By virtue of said assignment, Señor Mango will be released from any obligation in favor of the User, established in this contract.
NO WAIVER OF RIGHTS
The inactivity on the part of Señor Mango , its affiliates or suppliers to exercise any right or action derived from this contract, should at no time be interpreted as a waiver of said rights or actions.
The User agrees to indemnify Señor Mango , its affiliates, suppliers, vendors and advisors for any action, demand or claim (including attorneys' fees and legal costs) arising from any breach by the User of this agreement; including, without limitation, any of those derived from:
- Any aspect related to the use of the website *www.señormango. com* .
- The information contained or available on or through said Site or libel, defamation or any other conduct in violation of this contract by the User in the use of the indicated Web Page.
- The violation of applicable laws or international treaties related to copyright or intellectual property, contained or available on, or through said Website.
If any provision set forth in these Terms and Conditions is illegal, void or unenforceable in any jurisdiction, it will not affect: (i) the legality, validity or exercise in such jurisdiction of any other provision of this agreement; or (ii) the legality, validity or exercise in any other jurisdiction of such or any other provision of this agreement.
Señor Mango may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver thereof, unless express recognition by Señor Mango or prescription of the action that corresponds to each case.
The headings of the clauses are incorporated herein only for convenience and for better handling, so they will in no way be considered for purposes of interpretation, nor will they affect the obligations contained therein.
These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices that are published or communicated, from time to time, by * Señor Mango through the Website, constitute the entire agreement between the User and Señor Mango in relation to the Services offered by Señor Mango through the Website.