TERMS OF USE
Purpose
This document constitutes a contract of adhesion for the use of the Internet page dulcedelana.com (hereinafter “Website”) celebrated by Tejiendo México S.A.S. de C.V. (hereinafter “Dulce de Lana” and / or “the Company”), in its capacity as Owner, and the User, with both parties agreeing to adhere irrevocably and irreversibly to the conditions set forth in this document.
Acceptance of terms and conditions
By entering and using this Internet portal, identified with the domain name dulcedelana.com, owned by Dulce de Lana, the User accepts the Terms and Conditions of Use contained in this contract and expressly declares acceptance of said terms using electronic means for this purpose, in reference to the provisions of article 1803 and other provisions related to the Federal Civil Code.
For the purposes of this contract, both parties agree that “User” refers to any person of any nature who enters the Website dulcedelana.com and / or any of the linked pages displayed within the content of the site and / or a person of any nature who registers and / or uses any of the services offered through said Website.
If the User does not irrevocably and irreversibly 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 Dulce de Lana.
In the event of the User accessing, using and observing the Website, said activity will be considered as a declaration of absolute and express acceptance of the Terms and Conditions of Use stipulated herein, of the documents incorporated therein by reference, as well as of the applicable laws and regulations in accordance with the legislation in force for use of the Website.
Dulce de Lana will not keep an individualized copy of this agreement celebrated between the User and the Company. The User is therefore encouraged to keep a personal copy of these Terms and Conditions of Use.
In the event of the User violating the provisions expressed in these Terms and Conditions of Use, Dulce de Lana may cancel the User’s use of the Website, exclude the User from future operations, and / or take the legal action it deems convenient for its interests.
Use of the www.dulcedelana.com Website
The User and Dulce de Lana agree that:
In order to use the Website, the User must be at least 18 years of age or access the Website under the supervision of a parent or legal guardian.
Dulce de Lana 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 said Website. The User may print and / or copy any information and / or image contained or published on the website dulcedelana.com exclusively for personal use. The commercial use of such information is expressly and strictly prohibited. In the case of a legal entity, it will be subject to the provisions of article 148, section IV of the Federal Copyright Law. The reprinting, publication, distribution, assignment, sublicense, sale, electronic reproduction or by other means, partial or total, of any information, image, document or graphic that appears on the website dulcedelana.com, for any use other than personal and non-commercial is expressly prohibited to the User, unless said User has Dulce de Lana’s prior written authorization. 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 dulcedelana.com may require registration or subscription. The User acknowledges that, by providing personal information, Dulce de Lana is hereby granted 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 undertakes to provide accurate and up-to-date information, and to promptly update said information should changes occur.
Each User of the Website is solely responsible for keeping passwords and other account identifiers secure. The User is fully responsible for all activities that occur when using the User password or account. The User is obliged to notify the Company of any unauthorized use of password or account. In no way shall Dulce de Lana 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 of the contract.
During the registration process, the User agrees to receive promotional emails from www.dulcedelana.com.The User may subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
Dulce de Lana reserves the right to block access to or remove in whole or in part any information, communication or material that in its sole judgment may: i) appear abusive, defamatory or obscene; (ii) fraudulent, contrived or misleading; iii) violate copyright, trademarks, confidentiality, trade secrets or any intellectual property right of a third party; (iv) offensive or; v) that in any way contravene the provisions of this contract.
Dulce de Lana does not presume that the content of its Website can be legally viewed outside the United Mexican States. Access to content may not be legal for certain individuals or in certain countries. If the User has access to the content from outside the United Mexican States, said User does so at their own risk and is responsible for compliance with the laws within the jurisdiction of the User’s location.
Users are prohibited from violating or attempting to violate the security of the Website and the affiliated Websites of Dulce de Lana; the User is prohibited from: (a) accessing data to which the User is not authorized to use, or log in to a server or account for which the User does not have authorized access; (b) attempt to examine, scan or test the vulnerability of a computer system or network or 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 Dulce de Lana’s affiliated websites; cause saturation of such sites by “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited emails, including promotions and/or advertising of products or services, or; (e) falsify any TCP/IP packet header or any part of the header information in any email or newsgroup post..
The User acknowledges that violations of the computer system or network security may result in civil or criminal liability. Dulce de Lana 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 such violations in the terms established in the applicable legislation.
For correct entry to the Website, Users must have the necessary equipment and facilities for connection to the Internet (computer, telephone, modem, programs, etc.), the use of such equipment being the unlimited responsibility of said User.
Dulce de Lana is exempt from any liability that occurs as a result of interruptions or suspensions of the Internet access service caused by failure in the telecommunications system, in the supply of electrical energy, fortuitous cases or force majeure or action of third parties that may disable the equipment that provides access to the network.
Dulce de Lana therefore is not liable for any damage, harm or loss to the User caused by failures in the system, in the server or on the Internet. The Company shall also not be liable for any virus that may infect the User’s equipment as a result of access, use, or examination of the Website or as a result of any transfer of data, files, images, texts, or audio contained therein. The User may NOT attribute any responsibility or demand payment of damages as a result of technical difficulties or failures in the systems or on the Internet. Dulce de Lana does not guarantee continued or uninterrupted access to and use of the Site. The system may eventually become unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond the Company’s control; in such cases, efforts will be made to restore it as quickly as possible without being held in any way responsible. Dulce de Lana shall not be liable for any errors or omissions contained in the Website.
Intellectual and industrial property, and copyright
Dulce de Lana acknowledges being the sole owner of the intellectual property rights, whether registered or unregistered, of the www.dulcedelana.com Website, including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, trademarks, domain names, trade names and data included in the Website www.dulcedelana.com. The entire content of the Website is also protected by copyright as a collective work under Mexican copyright law and international copyright conventions. All rights reserved.
Users are warned that such rights are protected by current Mexican and international legislation relating to intellectual and industrial property and copyright law.
The User may not copy, reproduce, adapt, modify, distribute, sell, license, send, disseminate, or use for public communication and / or carry out any other action that generates an infringement of current Mexican or international legislation in the field of intellectual and / or industrial property, these terms pertaining also to the use of the contents of the Website without prior express written authorization of Dulce de Lana.
In the event of the User transmitting information, programs, applications, software or material in general that requires licencing through the dulcedelana.com Website, the User hereby grants Dulce de Lana a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display and publicly use said data.
The provisions of the previous paragraph shall also apply to any other information that the User sends or transmits to Dulce de Lana, including, without limitation, questions, criticisms, comments and suggestions to renew or improve the Website, whether these have been entered in a designated space on the Website or by virtue of other known means or modes of transmission or that are developed in the future. In addition, when the User submits comments or criticisms to the Website, it also grants Dulce de Lana the right to use the name sent by the User within the framework of said review, comment, or any other content.
As a result of the aforementioned, the User expressly waives in this act the right to take legal action, suit or claim against Dulce de Lana, its affiliates or suppliers for any current or eventual violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the User sends to the Website dulcedelana.com.
Should the User consider content published on the Website to be in violation of intellectual or industrial property rights, the User may notify the Dulce de Lana Customer Service Center. The User will be required to indicate: i) truthful personal data (name, address, telephone number and email address of the claimant); ii) 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 such violations on the aforementioned website; iv) express and clear statement that the use of the content(s) indicated has been made without the consent of the owner of the intellectual property rights allegedly infringed; v) a clear and express declaration under the responsibility of the complainant 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 Dulce de Lana has approved the content of such third-party websites. Dulce de Lana is not responsible for the content of linked third party websites and makes no representation of the content or veracity of the material on said third party sites. Should the User decide to access third party websites through said links, the User does so at the User’s risk and under the User’s own responsibility.
Product Information
The information given about each product, as well as the photographs or videos related to said products and the trade names, trademarks or distinctive signs of any kind contained in the Dulce de Lana Website, are exhibited exclusively for guidance. Dulce de Lana is not responsible for any errors or inaccuracies in the product information.
Credits and promotions
Dulce de Lana 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 are responsible for reading and understanding said terms and conditions.
Purchase of the products
In order to purchase products, the User must make the payment of the selected products, including taxes and corresponding shipping costs through the payment service providers that Dulce de Lana makes available to the User on the website dulcedelana.com.
Once the purchase has been made by the User, as a result of implicit acceptance of the Terms and Conditions of Use, Dulce de Lana will send an e-mail to the User informing the details of the purchase made.
Order of acceptance and costs
All prices of products indicated through the Website include VAT and other corresponding taxes. However, these prices do not include costs corresponding to the shipment 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.
Prices, promotions and availability, subject to change without notice.
The User must take into consideration that there are cases in which an order cannot be processed for a number of reasons. In that sense, Dulce de Lana reserves the right to deny or cancel any order for any reason, at any time. In addition, it must be clear that the User can be asked for additional information, even before having the order accepted.
Dulce de Lana will strive to provide the most accurate pricing information for Users. However, certain errors may still occur, such as in cases in which 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 of the price of an item being incorrect, Dulce de Lana may use its discretion to contact the User to solicit instructions or to cancel the order and notify said User of said cancellation. Dulce de Lana will hold the right to cancel such orders, irrespective of whether or not the order has been confirmed and paid for.
If for any reason, the price is stated as $0.00, please contact Dulce de Lana’s Customer Service Center. Under no reason will it be understood that said items have no cost or are to be given away for free, and orders made under such circumstances will be canceled without prior notice.
Product Availability
All products offered on the Site are subject to stock and availability. As such, the delivery time may vary upon prior notice, or the cancellation of the order and the return of the User’s charges may proceed if necessary.
If the delivery time offered is not entirely satisfactory to the User, the cancellation of the order may be requested.
Responsibility of the User in relation to transactions
The User assumes responsibility for all costs, fees, taxes and demands arising from the use of this Website. The access data communicated to the User for the User’s profile are designed exclusively for personal use, and must be treated with confidentiality. The User must modify the passwords regularly. All transactions made through the profile account will be attributed to the holder of the relevant profile account, and will be binding.
The User is liable without limitation for direct and indirect damages, as well as consequential damages, which may be caused by gross negligence or illegal intent.
Tax Invoice Policies
The User must send a tax invoice request to the Company’s Customer Service Center 24 hours from when the purchase is made. Tax invoice requests will not be taken into account for purchases that fall outside of this period.
When requesting the tax invoice, the User is obliged to have on hand and provide the following tax requirement details:
- Federal Taxpayer Registry
- Full name or company name
- Full Fiscal Address (including street, neighborhood, delegation or municipality, state/county/region and postal code)
- Method of Payment (cash, electronic transfer of funds, nominative checks or debit, credit, service cards or electronic wallets authorized by the Tax Administration Service)
- The last 4 digits of the payment account number
- E-mail to which the invoice will be sent
- Once the corresponding tax invoice has been issued, Dulce de Lana will be unable to issue subsequent invoices.
Restrictions for minors
Dulce de Lana does not intentionally sell to minors. Parents and guardians are therefore advised to carry out purchasing or registering activities on the Website.
Parents or guardians of minors shall be liable for acts performed by said minors in accordance with the provisions of these Terms and Conditions of Use, including damages caused to third parties, actions performed by said minors that are prohibited by law and by the provisions of this agreement, notwithstanding any liability of the User, provided that the minor offender was not the parent or legal representative.
Responsibility
The User hereby undertakes to indemnify and hold harmless Dulce de Lana and its subsidiaries, controller, shareholders, directors, employees, officers, directors and agents against any actions, procedures, liabilities, suits, claims, losses, responsibilities, damages, costs, and expenses, as well as the expenses, costs and fees of lawyers and external advisors that arise from or are related to User violation of: (i) these Terms and Conditions, and / or (ii) any laws, rules, decrees or regulations in force.
Dulce de Lana 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 noncompliance by the User. The User undertakes to cooperate with Dulce de Lana in the development of the relevant defense.
Modifications to the www.dulcedelana.com Website
Dulce de Lana 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 Website, without this giving rise or right to any claim or compensation, nor does this imply the 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 have unlimited validity, and will enter into force as of their publication on the Website.
Dulce de Lana reserves the right to make alterations to this document without prior notice. The User is therefore encouraged to regularly re-read this document in order to remain informed of possible modifications. Alterations to the contract will become effective immediately upon posting on the Website. Once the modifications have been made, it will be presumed that the User who continues to use the Website will have full knowledge and will have read and consented to the reformed Terms and Conditions. In the event of the User not accepting the modified terms and conditions, said User must cease to use the Website.
Dulce de Lana 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 under any circumstances that Dulce de Lana must indemnify the User.
Subsistence
These Terms and Conditions of Use, as well as any additional terms, constitute the entire agreement between the parties, and supersede any other agreements or contracts previously entered into. Any clause or provision of this contract, as well as the additional terms, legally declared invalid, will be eliminated or modified at the will of Dulce de Lana, in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their strength, obligation and validity.
Additional Terms
From time to time, Dulce de Lana may revise, update and/or add to the Terms and Conditions of Use of this agreement additional provisions relating to specific areas or new services provided on or through the Website dulcedelana.com. Said additional provisions will be published in the specific areas or new services of said Website for reading and acceptance. The User acknowledges and accepts that such additional terms form an integral part of this contract for all legal purposes.
Applicable law and jurisdiction
These Terms and Conditions of Use shall 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.
Assignment of rights
The rights granted to the User must be considered as personal rights and the User may not assign or transmit said rights, nor authorize any third party to use said rights in any way. Dulce de Lana may assign all or part of its rights and/or obligations at its expense to any third party, subsidiary or controller of Dulce de Lana without prior authorization from the User. By virtue of this assignment of rights, Dulce de Lana will be released from any obligation in favor of the User, as established in this contract.
No waiver of rights
The inactivity on the part of Dulce de Lana, its affiliates or suppliers to the exercise of any right or action derived from this contract, should at no time be interpreted as a waiver of such rights or actions.
Indemnity
The User agrees to indemnify Dulce de Lana, its affiliates, suppliers, vendors and advisors for any action, demand or claim (including attorneys’ fees and court costs) arising from any breach by the User of this agreement; including, without limitation, any derivatives of:
- Any aspect relating to the use of the Website dulcedelana.com.
- The information contained or available on or through said Website or of libel, defamation or any other conduct in violation of this contract by the User in the use of the Website indicated.
- Violation of applicable laws or international treaties relating to copyright or intellectual property, contained in or available on or through said Website.
Other
If any provision set forth in these Terms and Conditions is unlawful, void, or unenforceable in any jurisdiction, it shall 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.
Dulce de Lana may or may not exercise any of the rights and faculties conferred in this document. Not doing so will not imply under any circumstance the waiver of said rights, unless expressly recognized by Dulce de Lana, or corresponding statutory limitations to each case.
The headings of the clauses are incorporated solely for convenience and for optimum managament, so that in no way will they be considered for the purposes of their interpretation, nor will they affect the obligations contained therein.
Product shipping and delivery costs
Dulce de Lana will send 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 Dulce de Lana.
The delivery time commences as of confirmation of payment by the bank, online payment platform, or Dulce de Lana Credit department.
The products will be shipped and delivered to the User by Ivoy in Mexico City and DHL. By virtue of the foregoing, the User agrees to submit to the delivery policies of DHL themselves for the shipment and delivery of the products. Said policies are incorporated by reference into these Terms and Conditions of Use.
The DHL International service is available with an additional charge depending on geographical location, being also the responsibility of the User to pay the customs taxes that may be generated by the shipment to the country of destination. The User is also responsible for returning the shipment resulting from customs issues at the international point of delivery. Dulce de Lana will therefore not be held responsible for the management of procedures and / or customs requirements once the order has been delivered to DHL.
The delivery time period stated on the Website is an estimate. It is therefore possible that this period changes for reasons of logistics and force majeure. Should any fortuitous event or force majeure occur that delays the delivery of the products purchased on the Website, Dulce de Lana will be exempt from any liability at all times.
In the event of the User not receiving the products within the period stated by Dulce de Lana, the User must contact the Company through the Customer Service Center.
Freight costs will be added to the value of the merchandise purchased and will be calculated and informed to the User before confirmation of the purchase. The cost of freight may depend on factors such as the total weight of the goods, the distance and the type of delivery, and may be modified by Dulce de Lana at any time without prior authorization from the User.
The individual receiving the merchandise will be asked for official identification (voter credential, passport, FM2 migratory form or driver’s license) upon delivery. The User must have evidence of ID on hand in order to receive the goods.
Dulce de Lana recommends verifying the integrity and quality of the products received immediately upon delivery, rejecting said delivery from the Delivery Service should the User not be fully satisfied with the products. The User should then immediately communicate with the Dulce de Lana Customer Service Center.
The User may review the current status of the order, and review previous orders, by entering the User account or via the email with the guide number for tracking the order that DHL will send upon confirmation of the order.
Cancellation of the purchase of the products
The User may cancel the purchase of Products made through the Website, provided that the Products purchased have not left the offices of Dulce de Lana. In the event that the Products have already been sent by Dulce de Lana, the User will not be able to cancel the purchase made, and will be obliged to follow the procedure presented in the “Returns” section of these Terms and Conditions. The User may check the status of the purchase made by contacting the Dulce de Lana Customer Service Center. In the event that the Products purchased by the User have not been sent, a cancellation option will be available. In case 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.
Exchanges and Returns
We are fully confident that our products will meet your expectations. Should this not be the case, the Return Conditions are hereby stated:
The User may return the products purchased through the Website to obtain an exchange or refund, provided that:
- The User requests the return or exchange within 30 (thirty) calendar days following the date of delivery.
- The product or products are in the same condition in which they were delivered (unwashed, unused) and are, in as far as possible, still wrapped in original packaging and labeled, or alternatively in similar packaging that guarantees the return of the product in perfect conditions.
The process for the return of the Products will be as follows:
- The User must contact Dulce de Lans Customer Service Center at contacto@dulcedelana.com within the established period requesting the return of the products providing name and surname, order number, names of products to be returned, and address at which the products will be collected. In the event of return due to a defective product or products or to receiving a product other than the product ordered, the User must also describe said circumstance, and mention, where appropriate, any defects in the products, (hereinafter the “Return Request”).
- Once the Return Request has been approved, Dulce de Lana may send the User a guide for shipment through DHL, as well as schedule the date on which DHL will collect the products from the address provided by the User.
- The User must, where appropriate, package the product in its original box or packaging, print and deliver the guide, and deliver to DHL on the date scheduled for this purpose.
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 as long as 30 (thirty) calendar days have not elapsed since the charge. If the payment was made by other means, the refund will be made through a bank transfer to the User’s account.
Shipping costs are only refunded if the wrong or defective product was shipped. If a change is made for a different size, style or color, the User will be charged for the shipment. The value of the return or exchange is determined by the last retail price of the product.
Dulce de Lana is not and will not be held responsible for expenses generated by returns effected without respecting the steps established in the procedure presented in the “Returns” section.
Deadline for refunds in case of cancellation
In the case of cancellation of purchase by the User effected in accordance with the “Cancellation of the purchase of the products” section of these Terms and Conditions, Dulce de Lana must execute a refund to the User for the entire amount paid by the User within 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 have been received, Dulce de Lana will review the returned products.
In the event that the products received by Dulce de Lana comply with the characteristics established in point 2 of the “Return Conditions” section, the Company will be obliged to return the money paid by the User within 7 (seven) calendar days as of the date of receipt of the returned products.
These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and / or legal notices that are periodically published or communicated by Dulce de Lana through the Website, constitute the entire agreement between the User and Dulce de Lana in relation to the Services offered by Dulce de Lana through the Website.
Date of last update
Please note: Terms and Conditions were last modified on April 2022.