Terms and conditions for website

Last updated: November 13, 2020.

Relación contractual

These Terms and Conditions of Use (hereinafter the “Terms” and/or “Conditions”, as applicable, or the “Notice”) regulate access, content and/or use of the products and services offered through the website ambrosia.com.mx (hereinafter the “Portal”, the “Service” or the “Services”), made available by Ambrosía León, S.A. de C.V., a commercial company incorporated under the laws of the United Mexican States, with registered office at Periférico Sur 3395, Colonia Rincón del Pedregal, Delegación Tlalpan, CDMX, Mexico, registered in the Public and Commercial Registry of CDMX with commercial folio 379719 (hereinafter “Ambrosía”).

The use of the Services grants you the status of user of the Portal (hereinafter, the “User”) and implies full and unreserved acceptance of each and every one of the provisions included in this Notice, at the very moment in which the User accesses the Portal. Consequently, the User must carefully read this Notice each time he or she intends to use the Portal, since it may be subject to modifications.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES:

Acceptance of these Terms and Conditions regulates your access to and use of the Services and establishes a contractual relationship between you and Ambrosía. If you do not accept these Terms and Conditions, you may not access or use the Services. These Terms and Conditions expressly supersede any prior agreements or understandings between the parties. 

Supplemental terms may apply to certain Services, such as policies for a particular product, event, experience, shipment, activity or promotion, and such supplemental terms will be communicated to you in connection with the applicable Services. Supplemental terms are set forth in addition to and shall be deemed a part of the Terms and Conditions for the purposes of the applicable Services. Supplemental terms shall prevail over the Notice in the event of a conflict with respect to the applicable Services.

Ambrosia may modify the Terms and Conditions relating to the Services from time to time. Modifications will be effective upon Ambrosia's posting of such updated Terms and Conditions at this location or any modified policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms and Conditions as modified.

In addition, the User will be subject to any additional terms and conditions that may apply when using affiliated services, content published by third parties, or third-party software.

Ambrosia's collection and use of personal information in connection with the Services is in accordance with Ambrosia's privacy policy, available at https://ambrosianew.kuper.mx/privacy-policy/Ambrosia may provide a claims processor or insurer with any necessary information (including User contact information) if there are complaints, disputes or conflicts, which may include a breach of contract, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict.

Object

Once the User has accessed the Portal, he/she will have the possibility to consult information and acquire various consumer goods or online services (hereinafter referred to as “Product”) in accordance with the purpose and content of the Website.

Use of the Portal

Access to the Portal of ambrosia.com.mx is free of charge.

To access the Portal, the User is responsible for having electronic equipment with an Internet connection, either by telephone or any other technology, that provides this service that Ambrosía does not offer to users, therefore the User is responsible for the costs derived from the connection and access to the Internet. 

Ambrosia is the sole owner of the intellectual property rights, whether registered or unregistered, including: names, logos, images, videos, service marks, domain names, projects, software, texts and data included in the Portal. The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any part of the content or services of the Portal, use of the services, or access to the services.

To access and use the Service, the User must be over 18 years of age, otherwise they must access it under the supervision and consent of their parents, guardians or legal representatives, as the case may be, who in turn will be fully responsible for all acts carried out by minors under their care. They will also be responsible for determining which content and services are suitable for minors to view.

Certain products and/or services and related features that may be available on the Website may require registration or subscription. The User acknowledges that, by providing personal information, he/she grants Ambrosía 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, he/she agrees to provide true and accurate information regarding himself/herself, and to promptly update that information if there is any change. In any case, the User will be solely responsible for any false statements or inaccurate information he/she provides and for any damages caused to Ambrosía or third parties by the information he/she provides.

During the registration process, the user agrees to receive promotional emails from time to time related to the Portal; however, he/she may subsequently opt out of receiving such promotional emails by clicking on the appropriate link at the bottom of any promotional email.

En los casos en que el Usuario decida hacer uso de algún servicio o herramienta que permita al Usuario publicar alguna información o contenido en el Portal o a través de el, el Usuario se compromete y obliga a utilizar las herramientas del Portal conforme a las leyes que resulten aplicables, la moral, las buenas costumbres, el orden público y el contenido del presente Aviso. De manera enunciativa, más no limitativa, el Usuario se obliga y está de acuerdo en no utilizar los Servicios para:

• introduce, publish, send by email or otherwise transmit any content that goes against applicable laws, morals, good customs, harms, threatens, abuses, attacks, defames, slanders, violates the privacy of third parties, generates racial and/or ethnic and/or religious hatred or that is in any other way contrary to the provisions of this Notice, in which case Ambrosía may, upon becoming aware of such use, suspend the Services to the User immediately after Ambrosía has obtained such knowledge, and the User will have five days to remedy such use or express to Ambrosía what is convenient to its right;

• impersonating another person or entity, entering false, altered or distorted data causing error, confusion, misunderstanding or deception;

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

• introduce, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• introduce, publish, copy, profit from and/or send emails or otherwise transmit any content that infringes any copyright, patent, trademark, trade secrets, reproduction rights or any other industrial and/or intellectual property rights of any third party and/or Ambrosía;

• introducir, publicar, enviar correos electrónicos o de alguna otra manera transmitir cualquier publicidad, material promocional, correos basura (junk mail), cartas de cadena, pirámides de estafa, o cualquier otra forma de policitación, excepto en las áreas del Portal que lleguen a ser designadas expresamente para ese propósito;

• introduce, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• interfere with or disrupt the Services and/or servers or internal networks connected to the Services; 

• violate any applicable law in the national territory, whether said law is municipal, provincial, local, state, federal or international and

• any other activity that is contrary to good morals.

Modificaciones, cancelación, suspensión y terminación de los Servicios.

The provision of the Portal service and the other Services has an indefinite duration. However, Ambrosía may immediately terminate these Terms and Conditions or any of the Services with respect to the User or, in general, stop offering or deny access to the Services or any part thereof, at any time and for any reason unilaterally.

Ambrosía does not undertake at any time to notify Users in advance of any modification, cancellation, suspension or termination of the Portal services.

Ambrosía shall have the right to modify or discontinue the content of the Portal or any of its services or any part thereof, temporarily or permanently, at any time and periodically.

Ambrosía shall not be liable to users or third parties for any modification, suspension, or interruption of the Service. Ambrosía may withdraw or suspend at any time and without prior notice the provision of the Services to those Users who fail to comply with the provisions of this Notice. 

The User agrees that Ambrosía shall not be liable under any circumstances to the User or third parties for any termination of his/her access to the Service(s).

Data protection

The data collected by Ambrosía from the User during the use of the Portal will be treated by Ambrosía in accordance with the Privacy Notice that is incorporated by reference to this document. It is understood that the Portal complies with the Law on the Protection of Personal Data Held by Third Parties and Users will have access to the Privacy Notice from the Portal.

Availability 

The Services and/or Products offered on the Portal are subject to existence and availability, so the delivery time may vary with prior notice from Ambrosía. The order may even be cancelled and the User charged.

Buys 

In order to purchase the Product, the User must make the payment for the selected Product, taxes and corresponding shipping costs through the payment service providers that Ambrosía makes available to the User on the Portal. The User may purchase products through the Portal to be delivered to an address within Mexico City and the metropolitan area.

Once the purchase has been made by the User, after accepting the Terms and Conditions, Ambrosía will send an email to the User informing them of the details of the purchase made.

Order of acceptance and prices

All Product prices published on the Portal include VAT. Shipping costs are specified as a separate cost in the purchase flow.

If for any reason the price is $0.00 or $0.01, please contact the customer service center, whose contact information will be provided on the Portal. Under no circumstances will any Product be deemed to have no price or to be given away for free. Orders placed under this assumption will be cancelled without prior notice.

Pay

Payment for the Product purchased on the Portal may be made using any of the payment methods offered by the Portal. The list of payment methods offered may be subject to change at any time without prior notice to Users. Payment by credit card or any other online payment method must be made on the Site and will be subject to approval by the financial institution that owns the payment method.

The order number assigned when making a transaction on the Portal does not imply acceptance of the transaction. In the event of any problem with your order, the User will be notified of this by email or telephone.

Ambrosia will send the purchase confirmation via email. Only after payment confirmation will the Product be released for delivery to the address indicated by the User.

Ambrosía reserves the right to request official documents from its Users as a means of validating the process of acquiring products through the Site.

In the event that the corresponding banking institution is unaware of the charges made by the User, through credit card, and derived from operations carried out on the Portal, Ambrosía reserves the right to initiate the corresponding legal actions and establish criminal or civil liabilities as the case may be or of any other nature, as well as to carry out all internal actions that may range from charging the credit card of said User again to the definitive cancellation of the User from the Site, for which no prior authorization from the User will be required.

Product warranty

Any damage that the Product or package may suffer during shipping or delivery is not covered by this warranty, so we ask the User to check the merchandise they receive and sign to confirm that the delivery conditions are optimal.

When the merchandise has manufacturing or production defects, the User must contact the Customer Service area to report the problem and a service order will be issued. The User must report the defect in their Service and/or Product to the Customer Service area, through the email pedidos@ambrosia.com.mx, Monday through Friday from 9:00 a.m. to 6:00 p.m.

Ambrosía may request from the User testimonial and graphic evidence (photographs), as well as a visit to the User's home, as evidence to verify the condition of the Product and/or Service. Based on these reviews, it will be determined whether the Product and/or Service have any original defect or have suffered improper use or malicious damage.

If the Product is damaged and requires a change or replacement of parts, the User will be informed if there is any cost that must be covered and the approximate delivery date.

The new Product received by the User will correspond to its most recent version and not necessarily to the version available at the time of purchase. If the User does not agree to receive a more updated version, he/she may request a refund by contacting the Customer Service department.

The option of receiving a discount for manufacturing defects may also be agreed between both parties.

Cancellations

The User may cancel the purchase of Products made through the Portal, as long as the Products purchased have not left the Ambrosía warehouses (up to 24 hours before the scheduled delivery). In the event that the Products have already been shipped by Ambrosía (this implies that the product already has a shipping route and date), the User may not cancel the purchase made. The User will receive a shipping confirmation email when the product is in transit. In the event that the Products purchased by the User have not been shipped, the cancellation option will be available by contacting the Customer Service area, through the email pedidos@ambrosia.com.mx, Monday through Friday from 9:00 a.m. to 6:00 p.m. 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.

Changes

We will not accept exchanges of products purchased by the User that are not within the clauses mentioned above. After the purchase has been made, no changes or modifications to the order will be accepted. 

If you need to change the shipping address or any service and/or product, this must be requested no later than 3:00 pm on the day before the order is shipped. After this time, no changes will be made.

Refunds

If payment was made by debit or credit card, the refund will be made through a chargeback on the same card that was used. In this case, the refund is made automatically through the Ambrosía payment platform; however, depending on the banking institution, it may be reflected up to 20 business days after the refund is made. In this case, the period for the refund is beyond Ambrosía's control. For clarifications, the User must directly contact the banking institution that corresponds to their credit and/or debit account service. Once the refund is made, an email will be sent to the User informing them of the transaction made.

If payment was made by other means, the refund will be made through a bank transfer to the User's account. In this case, the refunded amount will be reflected in the User's account within a period of no more than five business days. An email will also be sent to the User with information about the transaction. To make this type of refund, the User will need to provide the following information:

• Name of the account holder
• Account number
• Banking Institution (Name of Bank)
• CLABE account

By providing this information, it is confirmed that it is the User's decision and preference that the amount to be reimbursed be deposited in the indicated account, even if this account does not match the User's name, in which case a signed acceptance letter will be requested from the User, as well as a copy of some official identification to compare and support said letter.

The User will be reimbursed the full amount paid for the returned or cancelled products, that is, the amount reimbursed will be exactly the amount paid by the User for the Product to be returned (including discounts or other types of fees applied if applicable). Ambrosía is not responsible, nor will it be liable for the costs incurred by returns made without respecting the steps established in the procedure described in the “Cancellations” section of these Terms and Conditions.

Billing

If you require an invoice, the User may process it directly at the time of "checkout". If for some reason you did not do so at that time, you may send an email to pedidos@ambrosia.com.mx con su número de orden y datos fiscales para tramitarla directamente con Ambrosía.

Invoices must be requested within the same month in which the Product and/or Service was purchased. Invoice requests will not be processed for purchases made outside this period.

When requesting an invoice, the User will need to provide the following tax information to Ambrosía:

• Order number to be invoiced
• RFC with homoclave
• Full name or company name
• Email to which the invoice will be sent
• Full address

Once the corresponding invoice has been issued, Ambrosía will not be able to re-invoice or issue subsequent invoices for the same order number.

Shipping / Delivery Policies and Logistics and Service Terms

Deliveries will be made during open hours from 8:00am to 8:00pm.

If the order is required to be delivered at a specific time, an extra charge of $150 will be made.

Each shipment within Mexico City costs $50 per order.

Each shipment to the metropolitan area costs $100 per order.

Colonies/municipalities considered within the metropolitan area:

1. Atizapan de Zaragoza
2. Cuautitlán Izcalli
3. Huixquilucan
4. Naucalpan de Juárez
5. Tlalnepantla

If the User is not at the delivery address on the day scheduled for delivery of the order, it will be their responsibility to contact the Customer Service email to reschedule the collection of the order within a maximum of 24 hours at the Ambrosía offices/kitchens, otherwise, we cannot guarantee the quality of our products.

Ambrosía reserves the right to modify these conditions at any time and without being obliged to give prior notice.

All delivery dates and times provided on the Portal, advertising, press releases, and automatic emails are estimates and do not necessarily commit Ambrosía to respect said estimated date and/or time.

Legislation and Jurisdiction.

In the event of a dispute between Ambrosía and the Users, the parties expressly and irrevocably submit to the jurisdiction of the courts of Mexico City, under the laws of the United Mexican States, thereby waiving any jurisdiction that may apply to them by reason of their present or future domicile.

Our commitment to you is to deliver in the shortest possible time and with the highest quality and best service, which is why our payment processing and validation systems are as agile as possible. If you have any questions, concerns, complaints or suggestions, please contact us through the following channels:

Email: pedidos@ambrosia.com.mx

Official Facebook page: https://www.facebook.com/ambrosiamx/

Official Instagram account: https://www.instagram.com/ambrosia.mex/

Our hours of operation for resolving problems with an ongoing order are Monday through Saturday from 9:00 a.m. to 6:00 p.m.

Our hours of operation for general questions are Monday through Friday from 9:00am to 6:00pm.