Terms and conditions of use
1 – General
DeLaGranja publishes and operates a website at the address delagranja.com.mx (hereinafter the "Site"), the purpose of which is to offer a "marketplace" service (market place, hereinafter: after "the Service") and to put in contact consumers and / or professionals (hereinafter "Buyers") registered on the Site, with Suppliers (hereinafter "Sellers") also registered on the Site, in order to conclude a contract whose object is the sale of fresh, dry or frozen food products (hereinafter the "Products") offered at a fixed price. These General Conditions of Sale (hereinafter the "GTC") apply, as soon as an order is placed between a Buyer and a Seller on the De La Granja.com.mx site. In this context, DeLaGranja acts only as publisher of the Site and as an intermediary between the Buyer and the Seller. It is a third party to the sales contract that is formed between the Buyer and the Seller; consequently, its responsibility cannot be engaged in this respect. The T&Cs are enforceable against the Buyer who acknowledges, by checking a box provided for this purpose, to have read and accepted them before placing an order. The T&Cs can be viewed and downloaded directly from the Site. They are subject to change at any time. The T&Cs applicable to the Buyer remain those in effect on the date of the order.
2 – Ordering methods and prices
2.1 Registration on the Site:
To place an order, the Buyer must create a customer account using a valid email address and password. When creating this account, the Buyer must complete a form with personal data that is mandatory. The Buyer must be of legal age and have the legal capacity to contract. Any order for Products of an amount less than 200 euros, placed by a minor will be considered an act of everyday life and deemed made with the consent of his legal representatives. The sale of alcoholic drinks is prohibited to minors. the Buyer declares, under his sole responsibility, to be over 18 years of age on the date of placing the order. When opening this account, the username and password are defined by the Buyer, who undertakes to keep them secret and not to disclose them to any third party. The Purchaser will therefore bear only all the consequences that may result from their use by third parties who have knowledge of them.
2.2 Conformity of products and or services:
- Description of the products
Any Product offered for sale on the Service by the Seller is the subject of a description of its essential characteristics on the page of the Site dedicated to the Product. (the “Product Information Sheet”). The Seller undertakes to offer only available Products on the Site and to remove from the Site without delay any offer that is no longer available. In the event of exceptional unavailability of a Product after the Buyer's order has been placed, the Seller will inform the Buyer, and the Buyer's bank account will not be debited for this Product.
The Product Information Sheet includes at least the following elements:
• The identity of the Seller,
• Description and photo of the Product,
• The price of the Products is indicated inclusive of all taxes for private buyers, and exclusive of taxes for professional buyers, and is understood to be exclusive of delivery costs.
• The essential characteristics (size, quantity, unit, weight, characteristics and the list of ingredients or their composition, etc.).
A maximum weight deviation tolerance of 5% will be allowed on the quantity of the product delivered. The information mentioned on each Product Information Sheet is that provided by the Sellers. The Buyer is informed that the photographs are not contractual and that he must refer to the descriptions of the Products before placing his order.
- Order steps
To place an order via the Service, the Buyer must follow the online ordering procedure by respecting the following steps:
1.select the Products that are the subject of the order and the desired quantities,
2.consult the summary of the order with the associated delivery costs,
3.Register or identify the account
4.fill in the information relating to the delivery and consult the delivery times, which only run from the confirmation of the acceptance of the order by the Seller,
5.confirm the order and declare that these GTC have been made available to him and fully and unreservedly accept them by clicking on validation,
6. enter the method of payment and enter, if applicable, their banking information,
7. The Buyer then receives an email confirming the registration of his order.
8.The order is simultaneously sent to the Seller(s) who must confirm or deny the taking over of all or part of the order before noon the following day (excluding bank holidays, Sundays and previously declared closing days). In the absence of confirmation of the order, the contract concluded between the Buyer and the Seller is automatically canceled and each of the parties is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited.
9.As soon as the Seller confirms having taken charge of all or part of the order, an email is sent to the Buyer to confirm and summarize his order as well as the General Conditions of Sale and the Seller in fact makes a firm commitment to 'ship the Products within the specified period and the Buyer's bank account is debited for the amount of the order.
10.This step formalizes the conclusion of the distance selling contract(s) with the Seller(s). Any order made up of Products from several Sellers will result in the creation of a sales contract with each of the Sellers.
2.3 Product prices
The prices of the Products offered for sale through the Service have been set by the Sellers, in compliance with applicable laws and regulations. The price of the Products is indicated in Mexican Pesos all taxes included for private buyers, and excluding taxes for professional buyers. The amount of the delivery costs for each order will be specified to the Buyer and added to the amount of the Products before the final validation of the order. The price indicated on the Product Information Sheet is non-negotiable by the Buyer. The selling price of the Products is the one specified on the day of the order. In the event of a promotional price, the Seller undertakes to apply the promotional price to any order placed during the promotion period. The Seller reserves the right to modify its prices at any time, while guaranteeing to the Buyer the application of the price in force at the time of his order.
2.4 Delivery costs
A contribution to the actual cost of transport calculated according to the amount of the order made with the Seller is considered as delivery costs. The delivery costs are determined according to the delivery terms. The delivery costs are understood by Seller, so if you have 3 different Sellers in the same global order, the delivery costs will be added. The delivery costs for an individual on an order of dry, fresh or frozen products from a Seller are as follows:
• Minimum of orders: 500$
• Amount of order per Seller between 500$ and 1000$: 150$
• Amount of the order with the Seller between 1000$ and € 1300$: 75$
• Amount of the order from the Seller> 1300$: Free shipping
The amounts are inclusive of VAT
2.5 payment
The price is payable in full at the time of validation of the order through one of the secure online payment methods. It is composed of the purchase price of the Products, as well as the delivery costs added before the validation of the order according to the scale specified in the article "Delivery costs". In the event of payment by credit card, the Site is equipped with an online payment security system allowing consumers to scramble and encrypt the transmission of their banking data. The debit of the amount is deferred upon acceptance of the order by the Seller(s). The Site will debit the amount of the order, composed of the price of the Product s) and delivery costs, on behalf of the Sellers, as soon as the order is accepted by the Seller(s) and will pay the costs. amounts owed to each Seller.
2.5 Means of payment
Payment can be made by credit card: Visa, MasterCard.
2.6 Security
The Site is subject to a security system: DeLaGranja has adopted the SSL encryption process but has also reinforced all the scrambling and encryption processes to protect as effectively as possible all sensitive data related to means of payment used on the Site. 2.7 Default of payment
In the event of non-payment, DeLaGranja reserves the right to temporarily or permanently interrupt access to the Service to the Purchaser concerned
3 – Right of withdrawal
3.1 Scope
The Purchaser has a withdrawal period of 14 calendar days from the date of purchase of the Product or the date of delivery of the Dry Food Products to exercise his right of withdrawal, without having to justify any reasons, nor to pay penalties, with the possible exception of return costs.
The Buyer cannot withdraw when the Product is:
• A good likely to deteriorate or expire quickly (fresh food products).
• An alcoholic drink whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
3.2 Exercise of the right of withdrawal: The Buyer exercises his right of withdrawal directly from the Seller concerned from his customer account using: - the standard withdrawal form provided by the Seller during their exchanges via the messaging tool made available as part of the Service (or directly here)
- or by any means and in particular on its Customer interface, by selecting the reason for the right of withdrawal, and mentioning the order concerned by this withdrawal using the messaging tool made available to it as part of the Service. Once the withdrawal form or declaration has been sent to the Seller, the Buyer must return the Product(s) concerned to the Seller within a reasonable period of time and, at the latest, within 14 days of the communication to the Seller of the decision of the Buyer to retract. The Buyer returns the Product(s) to the address indicated by the Seller using the messaging tool made available as part of the Service. Returns are to be made in their original condition and complete in packaging identical to that used during shipping, allowing their remarketing. Returns must also be accompanied by proof of purchase, a copy of the invoice or the purchase delivery note for optimized management.
3.3 The effect of the right of withdrawal:
In case of exercise of the right of withdrawal, only the price of the Product(s) subject to the withdrawal as well as the delivery costs will be reimbursed by the Seller. Delivery charges will not be refunded if a Buyer keeps part of the Products purchased from the same Seller. They will be partially refunded in the event of partial withdrawal of the order. Exceptionally, and in the event that the Seller has not made this reimbursement, within 14 days from the date on which the right was exercised by the Buyer, DeLaGranja will reimburse the costs. sums paid including delivery costs, at the latest within 14 days from the date on which the right was exercised with the Seller and that DeLaGranja has been informed, by the same means of payment as that used for command. This reimbursement date may be postponed until recovery of the Product, or until the Buyer has simultaneously provided the Seller and DeLaGranja with proof of shipment of the Product, the date chosen being that of the first of these facts.
4 – Delivery
4.1 Delivery address
Products sold via the Service can only be shipped to delivery addresses located in the Delivery Zone accepted when ordering. Otherwise, the Order cannot be delivered to the Customer and the Contract cannot be formed. It is the sole responsibility of the Purchaser to ensure that the information he communicates to DeLaGranja for this purpose is and remains correct and that they will enable him to receive the Products he purchases on the Site. . The Products are shipped by the Seller to the address indicated when ordering. The transport will be carried out by a service provider appointed by DeLaGranja in its capacity as agent of the Seller(s). In the event that the address indicated is incorrect or incomplete, DeLaGranja will be entitled to claim payment of new delivery costs. DeLaGranja and/or the Sellers cannot be held liable in the event of failure to deliver the Product due to an error in the delivery address you provided.
4.2 delivery times
The Seller(s) undertakesnto process Orders within 1 working day of the order confirmation date. Delivery will be made according to the delivery option chosen by the Buyer and at the latest within a maximum period of 30 days from the placing of the order. The Buyer may terminate the sales contract without delay when the Seller refuses to ship the Product. In these circumstances, DeLaGranja will reimburse the Buyer for all sums paid, at the latest within 14 days of the termination of the contract. In the event of late delivery, the Buyer may contact DeLaGranja Customer Service, the contact details of which are given below. The total lack of delivery entails the automatic termination of the sales contract.
4.3 Delivery:
Upon delivery, damage or spoliations must be the subject of written, precise, complete, dated and signed reservations on the part of the Buyer on the delivery slip. The Buyer's digitized signature, as well as its reproduction, is proof of delivery of the packages and the parties recognize this signature as having the same legal value as that of a traditional signature on paper. Any pending object is handed over to the recipient or his representative on presentation of an identity document. The carrier or DeLaGranja cannot be held liable in the event of failure to deliver the Product due to an error in the delivery address provided.
4.4 Delivery of fresh products
The Buyer is informed of the departure of his package by sending an email or SMS summarizing the products sent and informing him of the package tracking number. The Buyer must be present for the personal delivery of his order. In the event of absence at the time of delivery, a dated delivery notice, which certifies the presentation of the shipment, is filed by the carrier. It mentions the place where the item can be collected or the possibility of a new presentation. Due to the specific nature of fresh products which are perishable goods, the responsibility of the carrier or DeLaGranja cannot be engaged in the absence of the Buyer during the hours and days of delivery and/or redelivery. The Buyer is particularly informed that given the perishable nature of the fresh products, if the Buyer does not receive his package or does not collect his package, no refund will be made. For fresh products, any delivery refused by the Buyer before the expiration date of the products results in a refusal of compensation for the packages. The reimbursement is therefore in this case at the discretion of the Seller.
5 – Liability
The Seller assumes all responsibility relating to the Products offered for sale on the marketplace and the related complaints. DeLaGranja and/or the Seller cannot be held liable in the event of non-performance or improper performance of the sales contract due either to the fact of the Buyer, in particular but not limited to, in the event of misuse of the marketplace by the Buyer or a fault of the latter, either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by Mexican law. DeLaGranja acts only as an intermediary in order to put the Seller and the Buyer in touch. Consequently, DeLaGranja cannot be held liable for any sale concluded between the Seller and the Buyer through the Service. Any complaint relating to the comments appearing on the description of the Products or to the deliveries of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this regard. Thus, the Fresh Products purchased via the Service cannot be taken back or exchanged by DeLaGranja, in addition, DeLaGranja cannot be held liable for the content made available on the Site by Buyers or Sellers, in particular with regard to the description of the Products or the assessments that the Buyers make of the Sellers, unless it did not make them promptly inaccessible after having been informed of their wrongfulness under the conditions provided for by this law.
6 – Complaints
6.1 Complaints relating to the Product:
At any time, the Buyer has the possibility to contact the Seller, to address any request or complaint relating to the Products ordered by using the messaging tool made available as part of the Service, in particular to assert its guarantees. In addition to the messaging tool, a dedicated button is available allowing any Buyer to report in his account, within 30 days from the date of debit from his account for purchases made with a Seller any complaint concerning the Products ordered. In the event of a complaint from a Buyer concerning a Product, including when the Seller is informed of said complaint by means of the information tool made available to him in the Service and/or by sending an email to DeLaGranja, the Seller is personally responsible for resolving the dispute between him and the Buyer. Disputes are settled directly between the Buyer and the Seller. The Seller shall make its best efforts to resolve the dispute between him and the Buyer amicably. However, in the event that the Seller has not resolved the dispute between him and the Buyer within 7 working days of receipt of the complaint, DeLaGranja reserves the right, after having informed the Seller beforehand, to refund the Product to the Buyer. If the Buyer's dispute proves to be justified, the Seller will either return the ordered Product or refund it.
6.2 Complaints relating to the delivery:
Any question or request for clarification concerning a delay or failure to deliver must be sent to DeLaGranja Customer Service, which can be accessed by the following means:
- Upon receipt of the Product(s) ordered, the Purchaser must notify his complaint using the messaging tool made available as part of the Service and accessible in the "My Orders" tab then "View the Detail of my Order "then" Declare an incident "and declare all reservations on the Product delivered (for example: damaged package, already opened ...).
- By contact form, DeLaGranja Customer Service will acknowledge receipt of the complaint as soon as possible.
6.3 Mediation
The claimant consumer has the possibility, if the response of DeLaGranja does not satisfy him or if he has not received a response 2 months after the filing of his complaint, to refer to the competent Mediator for any dispute concerning all the services covered by these general conditions of sale. The mediation procedure is free. The Mediator can be contacted by consumers either directly or through an intermediary (consumer association, lawyer, elected representative, other mediator, etc.).
7 – Product guarantees
The Products sold on the Site comply with the regulations in force. All Products supplied by the Seller through the Service benefit as of right from the legal guarantee of conformity, the Seller undertakes, at the Buyer's choice, to reimburse him or to exchange the defective products or products not corresponding to his order. Shipping costs will be reimbursed on the basis of the invoiced rate. Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of the lack of conformity or the hidden defect. The refund will be made by crediting the Buyer's bank account. Regardless of the commercial guarantee that the Seller may grant to the Buyer by virtue of its Terms of Sale, the Seller remains liable, for lack of conformity and defects hidden from the product.
8 – Evalutation of Sellers
DeLaGranja provides Buyers with the means to assess the performance of Sellers after confirmation of receipt of the Product ordered, thus allowing Buyers to select the Products from the most serious Sellers and which best comply with the conditions of use of the Service. The assessment is carried out according to assessment criteria and by the attribution of star(s) by the Buyers. As such, DeLaGranja does not control the assessment made by Buyers, which it simply stores on the Site. However, it may be required to remove, without notice, any assessment the content of which has been reported as illegal. The evaluations left by the Buyer, as well as his pseudonym, will be visible to any visitor to the Site.
9 – Applicable law
These General Conditions of Sale and the operations resulting from them are governed and subject to Mexican law. Any dispute relating to these T&Cs or to the sales transactions concluded in application of these will be subject to the jurisdiction of the court of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the product. If the Buyer is the plaintiff, he can also apply to the competent court for the place where he lived at the time of the conclusion of the contract or the place of the occurrence of the harmful event.
10 – Personal data
For the purposes of order processing, marketing and statistical studies and for commercial prospecting purposes, DeLaGranja requires the Byuer to provide personal data such as his identity, address and bank details, which are mandatory when marked with an asterisk. This data is collected fairly and managed by DeLaGranja as responsible for the automated processing of personal data. In order to ensure the proper management of customer accounts, orders, payments and complaints, this information may be communicated to third parties. For the sole purpose of processing orders and their delivery, the Buyer is informed that his surname and first name, his postal address, as well as a telephone number if applicable, are sent to the Sellers by DeLaGranja. The information collected by the Seller may, if necessary, be transmitted to third parties linked to the Sellers responsible for processing and delivering the order, such as the carrier. The Sellers are not authorized, based on the information provided by DeLaGranja, to directly offer the Buyer commercial offers and undertake to destroy personal data as soon as all the obligations relating to the contract have been fulfilled. of sale and in particular to the legal guarantees of the Products.
DeLaGranja may send the Buyer commercial offers on its Site by means that it has expressly accepted where applicable (sms, email), and by post if it has not objected to it. . The Buyer retains the right to object at any time and free of charge to DeLaGranja’s use of his personal information for commercial prospecting purposes, in particular by logging into his customer account, completing the form. contact online, or by clicking on the unsubscribe links in each commercial prospecting email. The Buyer has at any time the right to access, rectify and delete data concerning him and to oppose their processing. If the Buyer wishes to exercise these rights, he is invited to complete the online contact form made available to him or to send his request by mail to the following address: DeLaGranja – Calle Logrono 782, Tlajomulco 45645 Jalisco, indicating his surname, first name, postal and electronic address. The Buyer also has the option of changing their contact details directly via their customer account.