Terms of Service
El presente documento constituye un contrato de adhesión para el uso de la página de Internet www.forallfolks.com (en adelante “Sitio Web” y/o “Página Web”) que celebran: por una parte Casa Caléndula S.A de C.V (En adelante “For All Folks” y/o “Casa Caléndula S.A de C.V”), en su calidad de responsable y por la otra, el Usuario, sujetándose, ambas partes, a lo establecido en este documento.
Al ingresar y utilizar este portal de Internet, identificado con el nombre de dominio www.forallfolks.com, propiedad de Casa Caléndula S.A de C.V, el Usuario está aceptando los Términos y Condiciones de Uso contenidos en este contrato y declara expresamente su aceptación utilizando para tal efecto medios electrónicos, en términos de lo dispuesto por el artículo 1803 y demás relativos del Código Civil Federal.
For the purposes of this contract, the parties agree that "User" shall mean any person of any nature who accesses the website www.forallfolks.com and/or any of the sub-pages displaying its content and/or any person of any nature who registers and/or uses any of the services offered through this website.
If the User does not fully and completely accept the Terms and Conditions of this agreement, the User must refrain from accessing, using and observing the Website and/or any other service offered by For All Folks.
In the event that the User accesses, uses and observes the Site, it shall be considered as an absolute and express acceptance of the Terms and Conditions of Use stipulated herein, the other documents incorporated herein by reference, as well as the laws and regulations applicable in accordance with the legislation in force for the use of the Website.
For All Folks will not keep a separate copy of this agreement between the User and the Company and the User is advised to keep a copy of these Terms and Conditions of Use for his or her own records.
In the event that the User violates these Terms and Conditions of Use, For All Folks may terminate the User's use, exclude the User from future transactions, and/or take such other legal action as it deems to be in its best interest.
USE OF THE SITE www.forallfolks.com
The User and For All Folks agree that:
- In order to use the Website the User must be at least 18 years of age or be accessing under the supervision of a parent or legal guardian.
- For All Folks grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described above, for the purpose of purchasing personal items sold on the Website. The User may only print and/or copy any information and/or image contained or published on the website www.forallfolks.com exclusively for personal use, and therefore the commercial use of said information is expressly and strictly prohibited. If the User is a legal entity, he/she shall be subject to the provisions of article 148, section IV of the Federal Copyright Law. The reprinting, publication, distribution, assignment, sublicensing, sale, electronic reproduction or by any other means, partial or total, of any information, image, document or graphic that appears on the website www.forallfolks.com, for any use other than personal non-commercial use is expressly prohibited to the User, unless he/she has prior written authorization from For All Folks. Any violation of these Terms and Conditions of Use will result in immediate revocation of the license granted herein, without notice.
- Certain services and related features that may be available on www.forallfolks.com may require registration or subscription. The User acknowledges that, by providing personal information, he/she grants For All Folks the authorization indicated in article 109 of the Federal Copyright Law. If the User chooses to register or subscribe to any of these services or related features, the User agrees to provide accurate and current information about himself or herself, 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 his or her password or account. In no event shall For All Folks be liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any failure by the User to comply with this section.
- During the registration process, the User agrees to receive promotional emails from www.forallfolks.com. However, you may subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
- For All Folks reserves the right to block access to or remove in whole or in part any information, communication or material that in its sole opinion may be: i) abusive, defamatory or obscene; ii) fraudulent, contrived or misleading; iii) in violation of copyright, trademark, confidentiality, trade secrets or any intellectual property right of a third party; iv) offensive or; v) in any way that contravenes the provisions of this contract.
- For All Folks makes no presumption that the content of its Site may be lawfully viewed outside the United Mexican States. Access to the content may not be legal by certain persons or in certain countries. If the User accesses the content from outside the United Mexican States, the User does so at the User's own risk and is responsible for compliance with the laws of the jurisdiction in which the User is located.
- Users are prohibited from violating or attempting to violate the security of the Website and affiliated For All Folks Websites and are prohibited from: (a) accessing data to which the User is not authorised to use or logging into a server or account for which the User does not have authorised 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 authorisation; (c) attempting to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Website or For All Folks affiliated websites; (d) attempting to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Website or For All Folks affiliated websites; cause saturation of such sites by "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertisements for products or services, or; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- The User acknowledges that violations of computer system or network security may result in civil or criminal liability. For All Folks 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 under the terms set forth in applicable law.
- For proper access to the Site, Users must have the necessary equipment and facilities for their connection to the Internet (computer, telephone, modem, programmes, etc.), the use of this equipment being their full responsibility.
- For All Folks is exempt from any liability for interruptions or suspensions of the Internet access service caused by the failure of the telecommunications system, power supply, acts of God or force majeure or an action by third parties that may disable the equipment that provides access to the network.
- For the foregoing, For All Folks shall not be liable for any damage, injury or loss to the User caused by system, server or Internet failures. Nor shall the Company be liable for any viruses that may infect the User's computer equipment as a result of accessing, using or examining the Site or as a result of any transfer of data, files, images, text, or audio contained therein. Users may NOT hold For All Folks liable or demand payment of damages due to technical difficulties or failures in the systems or on the Internet. For All Folks does not guarantee continuous or uninterrupted access to or use of the Site. The system may be unavailable from time to time due to technical difficulties or Internet failures, or any other circumstances beyond the Company's control; in such cases, For All Folks will endeavour to restore the system as quickly as possible and shall not be liable in any way. For All Folks shall not be liable for any errors or omissions contained in the Site.
For All Folks acknowledges that it is the sole owner of the intellectual property rights, whether registered or unregistered, in the www.forallfolks.com website, including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, text, logos, trademarks, domain names, trade names and data included in the www.forallfolks.com website. The entire content of our site is also copyrighted as a collective work under Mexican copyright laws and international conventions. All rights reserved.
Users are advised that such rights are protected by current Mexican and international legislation relating to intellectual and industrial property and copyright.
The copying, reproduction, adaptation, modification, distribution, commercialisation, licensing, sending, disclosure, public communication and/or any other action that generates an infringement of the Mexican or international legislation in force on intellectual and/or industrial property, as well as the use of the contents of the Site without prior express written authorisation from For All Folks is prohibited.
In the event that the User transmits to For All Folks any information, programs, applications, software or in general any material that requires licensing through the www.forallfolks.com Website, the User hereby grants to For All Folks a perpetual, universal, free, non-exclusive, worldwide, royalty-free license, including the rights to sub-license, sell, reproduce, distribute, transmit, create derivative works, publicly display and publicly perform the same.
The preceding paragraph shall also apply to any other information that the User submits or transmits to For All Folks, including, without limitation, questions, criticisms, comments and suggestions for renewing or improving the Website, whether these have been included in any space on the aforementioned page or by virtue of other means or modes of transmission known or to be developed in the future. In addition, when the User submits comments or reviews to the Website, the User also grants For All Folks the right to use the name that the User submits in connection with such review, comment, or other content.
Therefore, the User hereby expressly waives any and all actions, suits or claims against For All Folks, its affiliates or suppliers for any actual or threatened infringement of any copyright or intellectual property rights derived from the information, programs, applications, software, ideas and other material that the User submits to the www.forallfolks.com website.
In the event that the User considers that any content published on the Website violates intellectual or industrial property rights, the User may notify the For All Folks Customer Service Centre. The User will have to indicate: (i) truthful personal data (name, address, telephone number and e-mail address of the complainant); (ii) autographic signature with the personal data of the holder 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 infringements on the Website referred to; (iv) express and clear statement that the introduction of the content(s) indicated has been made without the consent of the owner of the intellectual property rights allegedly infringed; (v) express, clear and under the responsibility of the complainant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes an infringement of such rights.
The Website contains links to third party websites. These links are provided solely as a convenience to the User and do not imply that For All Folks has endorsed the content of such third party websites. For All Folks 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 such links, the User does so at the User's own 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 referred to as "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. For All Folks is not responsible for any errors or inaccuracies in the Advertising Materials.
Likewise, the User hereby acknowledges and accepts that said Advertising Material is protected by the applicable intellectual and industrial property laws.
For All Folks acts as a distributor of manufacturers or wholesale distributors who guarantee that the products marketed on the website www.forallfolks.com work properly and do not present defects or hidden defects that could make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, the use that each User makes of the products is the sole responsibility of the User, without any liability whatsoever on the part of For All Folks.
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 claim a warranty longer than that stated therein. In such cases, For All Folks shall not be liable for such warranties, nor shall For All Folks be obligated to collect the defective product(s).
The guarantee shall become invalid in the event of defects or damage caused by external factors, accidents, in particular electrical accidents, wear and tear, 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 authorised by For All Folks are excluded from the guarantee. The warranty does not apply to apparent defects and defects of conformity of the product, for which any claim must be made by the User concerned within 7 (s) calendar days following delivery of the products.
The information given on each product, as well as the photographs or videos relating to them and the trade names, trademarks or distinctive signs of any kind contained on the For All Folks Site are given for guidance only. For All Folks is not responsible for any errors or inaccuracies in the product information.
For All Folks 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 these terms and conditions.
For All Folks vouchers cannot be combined with other vouchers from the same shop.
Credits generated by For All Folks promotional actions (coupons, etc.) may be exchanged exclusively for physical products marketed on the www.forallfolks.com website. Credits cannot be exchanged for other credits.
In order to purchase the products, the User must pay for the selected products, taxes and shipping costs through the payment service providers that For All Folks 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 has been made by the User, by implicitly accepting the Terms and Conditions of Use, For All Folks will send an e-mail to the User informing him/her of the details of the purchase made.
Payment for products purchased on the Site may be made by any of the means of payment offered by the Site, including but not limited to: credit card, debit card, payment at OXXO. 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.
The order number assigned when making a transaction on the Site does not imply acceptance of the transaction. In the event of a problem with the order, the User will be notified by e-mail or telephone.
For All Folks will send confirmation of purchase via email. Only after confirmation of payment will the products be released for delivery to the delivery address indicated by the User.
For All Folks reserves the right to request official documents from its customers as a means of validating the process of purchasing products through the Site.
In case of ignorance on the part of the corresponding Banking Institution of the charges made by the User through credit card and derived from operations carried out on the Site, For All Folks reserves the right to initiate the corresponding legal actions and to establish criminal or civil liabilities as the case may be or of any other nature, as well as to carry out all those internal actions that may range from charging the User's credit card again to the definitive cancellation of the User from the Site, for which the User's prior authorisation will not be required.
All the prices of the products indicated on the Website include VAT and any other taxes that may be applicable to them. However, these prices do not include the 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.
The User should consider that there may be cases in which an order cannot be processed for various reasons. In this regard, For All Folks reserves the right to refuse or cancel any order for any reason, at any time. Furthermore, it should be clear that the User may be asked for additional information, even before accepting the order.
For All Folks will provide the most accurate pricing information for Users, however, certain errors may still occur, such as instances 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, For All Folks may at its discretion contact the User for instructions or cancel the order and will notify the User of such cancellation. It should be noted that For All Folks shall have the right to cancel any such orders, whether or not the order has been confirmed and paid for.
All products offered on the Site are subject to stock and availability, so delivery times may vary with prior notice from us, or we may cancel the order and refund the User's charges if necessary.
If the delivery time offered is not to the User's satisfaction, cancellation of the order may be requested.
For All Folks will ship the products purchased by the User to the address specified by the User for this purpose provided that such address is within the area of coverage communicated by For All Folks.
Delivery time starts upon confirmation of payment by the bank, online payment platform, or For All Folks credit department.
The products will be shipped and delivered to the User by third parties (hereinafter "Carriers"). By virtue of the foregoing, the User agrees to submit for the shipment and delivery of the products to the delivery policies of the Carriers, which are incorporated by reference into these Terms and Conditions of Use.
The time period described on the Site is an estimate. It is therefore possible that this period may change due to logistical reasons and force majeure. In the event of any fortuitous event or force majeure that may delay the delivery of the products purchased on the Site, For All Folks shall at all times be exempt from any liability.
In the event that the User has not received the products within the period stated by For All Folks, he/she should contact the Company via the customer service centre.
The cost of freight will be added to the value of the goods purchased and will be calculated and informed to the User prior to confirmation of 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 For All Folks at any time without prior authorisation from the User.
At the time of delivery, the person receiving the goods will be asked for official identification (voter's card, passport, FM2 immigration form or driving licence), so it is required to have this document on hand at the time of delivery of the purchase.
For All Folks suggests that the User verifies the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, he/she is requested not to take delivery by the Carrier and to immediately contact the For All Folks customer service centre.
The User may cancel the purchase of Products made through the Website, provided that the Products purchased have not left the offices of For All Folks. In the event that the Products have already been shipped by For All Folks, the User will not be able to cancel the purchase made, and will have to follow the procedure presented in the "Returns" section of these Terms and Conditions. The User may check the status of the purchase made through the My Orders section of the User's Account or by contacting the For All Folks customer service centre. 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.
Conditions of Return:
The User may return products purchased through the Website, provided that:
- Request the return within 7 calendar days from the date of delivery OR, exclusively in the case of defective products, within the warranty period specified for the products purchased.
- The product(s) are in the same condition in which they were delivered to the User and are, as far as possible, in the original packaging and labelling, or alternatively in a similar format that guarantees the return in perfect condition.
The process for returning the Products shall be as follows:
- The User must contact the For All Folks customer service centre within the established time limit requesting the return of the products and providing, first and last name, order number, names of products to be returned, address where the products will be picked up. In the event that the return is due to the fact that the product(s) is/are defective or is/are a different product than the one purchased through the Website, the User shall also express such circumstance, as well as mention, if applicable, the defects of the products, (hereinafter the "Return Request").
- Once the Return Request has been approved, For All Folks may send the User a waybill for shipment via the relevant Carrier, as well as schedule the date on which the Carrier will collect the products from the address provided by the User.
- The User shall, where applicable, pack the product in its original box or packaging, print and deliver the waybill, as well as the Products in their original packaging or box to the Carrier on the date scheduled for this purpose.
If the payment was made by debit or credit card, the refund will be made by means of a chargeback on the same card that was used. If the payment was made by other means, the refund will be made by bank transfer to the User's bank account.
The User will be reimbursed the cost of the returned products plus the cost of the freight paid by the User for them.
For All Folks cannot and will not be held responsible for any costs incurred by returns that are made without following the steps set out in the procedure presented in the "Returns" section.
Time limit for refunds in case of cancellation
In the event of cancellation of the purchase made by the User in accordance with the section "Cancellation of the purchase of the products" of these Terms and Conditions, For All Folks shall request a refund from the User for the full amount paid by the User within 7 calendar days from the date of cancellation of the User's purchase.
Time limit for refunds in case of return
Upon receipt of the products returned by the User, For All Folks will review the returned products.
In the event that the products received by For All Folks comply with the characteristics set out in point 2 of the section "Return Conditions", the Company shall be obliged to refund the money paid by the User within 7 calendar days from the day on which For All Folks received the returned products.
The User assumes responsibility for all costs, fees, taxes and claims arising from the use of this Website. The access data communicated to the User for his/her profile is intended for personal use only and must be treated confidentially. The User must change his/her passwords on a regular basis. All transactions made through the profile account shall be attributed to the holder of the relevant profile account and shall be binding.
The User shall be liable without limitation for direct and indirect damages, as well as consequential damages, which may be caused by gross negligence or unlawful intent.
The User must send an invoice request to the Company's customer service centre 24 hours after 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 fiscal requirements:
- RFC with homoclave
- Full name or company name
- Complete fiscal address including street, colonia, delegation or municipality, state and postal code.
- Method of payment (cash, electronic fund transfers, nominative cheques or debit, credit or service cards or electronic purses authorised by the Tax Administration Service).
- Indicate at least the last 4 digits of your payment account
- E-mail where the invoice will arrive
- Once the corresponding invoice has been issued, *Commercial Name* may not re-invoice or issue subsequent invoices.
RESTRICTIONS FOR MINORS
For All Folks does not intentionally make sales to minors, so parents and guardians are advised to carry out the activities of purchasing products or registering on the Website themselves.
Parents or guardians of minors shall be liable for acts performed by them under the provisions of these Terms and Conditions of Use, including damages caused to third parties, actions performed by them that are prohibited by law and by the provisions of this agreement, without prejudice to the liability of the User, provided that the User is not the parent or legal guardian of the minor offender.
The User hereby agrees to indemnify and hold harmless For All Folks and its subsidiaries, parent, shareholders, officers, directors, employees, officers, directors and agents from and against any and all actions, proceedings, liabilities, demands, claims, claims, losses, liabilities, damages, costs, damages, expenses and expenses, as well as attorneys' and outside counsel's fees and costs, arising out of or relating to the User's violation of: (i) these Terms and Conditions, and/or (ii) any applicable laws, rules, decrees or regulations.
For All Folks reserves the right to assume the defence and control of any matter or claim which does or may involve the payment of damages associated with any breach by the User. The User agrees to cooperate with For All Folks in the conduct of the relevant defences.
MODIFICATIONS TO THE SITE www.forallfolks.com
For All Folks may at any time and whenever it deems appropriate, without notice to the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site, without this giving rise to or entitling the User to any claim or compensation, nor does this imply recognition of any liability whatsoever in favour of the User.
TERM, TERMINATION AND MODIFICATION OF TERMS AND CONDITIONS OF USE
The Company, as well as the User, acknowledges that the Terms and Conditions are of unlimited duration, and shall become effective upon their publication on the Site.
For All Folks reserves the right to make changes to this document without prior notice. For All Folks therefore recommends that the User regularly re-read this document, so that he/she is always informed of any changes. Changes to the contract will become effective immediately after their publication on the Site. Once the modifications have been made, the User who continues to use the Site shall be presumed to be fully aware of, to have read and to have consented to the amended Terms and Conditions. In the event that the User does not accept the amended Terms and Conditions, the User shall cease to use the Site.
For All Folks may at any time suspend access to the Website and/or terminate these Terms and Conditions. Termination of these Terms and Conditions shall in no way imply that For All Folks is liable to indemnify the User.
These Terms and Conditions of Use and the additional terms constitute the entire agreement between the parties and supersede any prior agreements or contracts. Any clause or provision of this agreement and the additional terms that is found to be legally invalid shall be deleted or modified at the option of For All Folks in order to correct its defect or flaw. However, all other clauses or provisions shall remain in full force, effect and effect.
From time to time, For All Folks 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 www.forallfolks.com Web Site, which will be posted in the specific areas or new services of the www.forallfolks.com Web Site for your perusal and acceptance. The User acknowledges and agrees that such additional terms form an integral part of this Agreement for all legal purposes.
These Terms and Conditions of Use shall be interpreted and governed by the laws of Mexico, Distrito Federal, waiving the application of the Convention on the International Sale of Goods.
The rights granted to the User are to be considered as personal rights and the User may not assign or transfer them, nor authorise any third party to use them in any way. For All Folks may assign all or part of its rights and/or obligations to any third party, subsidiary or controlling company of For All Folks without prior authorisation from the User. By virtue of such assignment, For All Folks shall be released from any obligation in favour of the User set out in this contract.
The failure of For All Folks, its affiliates or suppliers to exercise any right or remedy under this Agreement shall in no way be construed as a waiver of such right or remedy.
The User agrees to indemnify For All Folks, its affiliates, suppliers, vendors and consultants against any action, claim or demand (including attorneys' fees and court costs) arising out of any breach by the User of this agreement; including, without limitation, any arising out of:
- Any aspect relating to the use of the www.forallfolks.com website.
- The information contained or made available on or through such Site or of libel, defamation or any other conduct in violation of this Agreement by the User in the use of such Site.
- Violation of applicable laws or international treaties relating to copyright or intellectual property rights contained in or available on or through such Web Site.
If any provision of these Terms and Conditions shall be unlawful, void or unenforceable in any jurisdiction, it shall not affect: (i) the legality, validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the legality, validity or enforceability in any other jurisdiction of that or any other provision of this agreement.
For All Folks may not exercise any of the rights and powers conferred in this document, which shall in no case imply the waiver of the same, unless expressly acknowledged by For All Folks, or the statute of limitations of the action that corresponds to each case.
The headings of the clauses are incorporated herein for convenience and convenience only, and shall in no way be considered for purposes of interpretation, nor affect the obligations contained therein.
These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices published or communicated, from time to time, by For All Folks through the Website, constitute the entire agreement between the User and For All Folks in relation to the Services offered by For All Folks through the Website.