Terms and Conditions
2. Our data
The sale of articles through this website is done under the name MAYARAKI, registered trademark by MITZI MARTINEZ AGUIRRE, with address at Dr. Rafael Lucio No. 19 Col. Centro, Xalapa, Veracruz. RFC MAAM8306244T2.
3. Your data and your visits to this web page
The information or personal data that you provide about you, will be treated in accordance with the provisions of the Data Protection Policies. By making use of this web page you consent to the processing of said information and data and declare that all the information or data that you provide us is true and correspond with reality.
4. Use of our website
By using this website and placing orders through it, you agree to:
i. Make use of this website only to make legally valid inquiries or requests.
ii. Do not place any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.
If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. How the contract is formalized
There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If for some reason your order has not yet been accepted and a charge has already been made to your account, the amount of this will be refunded in full. To place an order, you must follow the online purchase procedure and click on “Authorize payment”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). All orders are subject to our acceptance, which will be informed through an email in which we will confirm that the product is being sent (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will be formalized only when we send you the Shipping Confirmation. Only those products related to the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other product that could have been the object of the order until we confirm the shipment of this in a Shipping Confirmation.
6. Availability of the products
All product orders are subject to availability. If for reasons of force majeure, or if there are difficulties in the supply of products or if by exception there are no items in stock, we reserve the right to provide information about substitute products of equal or superior quality and value that you can order. If you do not wish to place an order for these substitute products, we will reimburse you for any amount you may have paid, reiterating that we will always do our best to ensure that the website is always updated.
7. Refusal to process an order
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content of this. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, so we reserve the right to do so at any time.
Notwithstanding the provisions of clause 6. above, regarding the availability of products and unless extraordinary circumstances occur, the delivery time of the products listed in your Order Confirmation, will be as stipulated by the parcel provider chosen at the time of placing your order, before “Authorize payment”. From the reception of the Confirmation of Delivery mail, sent by the parcel provider, you will be able to track your package in real time at any time and manage the delivery with your tracking number through their web platform. Keep in mind, in any case, that deliveries are not made on Saturday nor Sunday. For the purposes of these Conditions, it will be understood that the “delivery” has taken place or that the order has been “delivered” at the moment in which you or a third party, indicated by you, acquires the material possession of the products and accredits it by signing the receipt of the order at the delivery address agreed.
9. Delivery impossibility
If the parcel provider finds it impossible to deliver your order, your order will be returned to our warehouse. Also, they will leave you a note explaining where your order is and how to do it so that it is sent to you again. If you are not going to be at the place of delivery at the agreed time, please contact the parcel company directly to arrange delivery on another day. If 15 days have elapsed since your order is available for delivery, the order has not been delivered for reasons not attributable to us, we understand that you want to cancel the Contract and we will consider it rescinded. As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date in which, in accordance with the provisions of this Clause, we consider the Contract terminated. Please bear in mind that the transport derived from the termination of the Contract may have an additional cost, so we will be authorized to pass on the corresponding costs.
10. Transmission of risk and property
The property and therefore the risks of the products will be at your charge from the moment of delivery.
11. Price and payment
Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount before finalizing your order and “Authorize Payment”. Prices may change at any time, except those that are already in an order already paid. Once you have selected all the items you want to buy, these will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling or checking the information that is requested in each step. Also, during the purchase process, before making the payment, you can modify the data of your order. You have a detailed description of the purchase process in the section “How to make a purchase”.
You can use Visa, Mastercard, American Express and PayPal as a means of payment. To minimize the risk of unauthorized access, your credit card information will be encrypted. Once we receive your order, we will pre-authorize your card to ensure there are enough funds to complete the transaction. The charge on your card will be made at the time your order leaves our stores. If your means of payment is Paypal, the charge will be made at the time we confirm the order. By clicking on “Authorize Payment” you are confirming that the credit card is yours. Credit cards will be subject to checks and authorizations by the issuer of these, but if that entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we cannot formalize any Contract with you.
In accordance with the Law, Customs Duty may have to be paid, depending on your residence country. since our products are elaborated in Mexico, the department of Customs and Border Protection of the country where you reside, may demand the payment of some taxes. We do not have further information since every country has their own laws and rates of duty. We do not charge our foreign clients any tax.
13. Return policy
All the details regarding our refund policy can be found in the Returns and Exchanges section.
14. Responsibility and exemption of liability
Except as expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product. Notwithstanding the foregoing, our liability is not excluded or limited in any matter in which it would be illegal or unlawful to exclude, limit or attempt to exclude or limit our liability. Notwithstanding the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their origin:
i. loss of income or sales:
ii. loss of business;
iii. loss of profit or loss of contracts;
iv. loss of anticipated savings;
v. data loss; and
vi. loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established expressly the contrary in it. All descriptions of products, information and materials that appear on this website are provided “as a true body” and without express or implied warranties on them except those established by law. In this sense, if you contract as a consumer and user, we are obliged to deliver articles that are in accordance with the Contract, responding to you of any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in accordance with the Contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this web page, (ii) are suitable for the uses to which the products are ordinarily intended of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected. To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded from consumers and users. The products we sell are handmade and can often have characteristics directly attributable to the manufacturing process (handcrafted by master craftsmen). These characteristics, such as variation in streaks, texture, drawings, seams and embroidery colors, will not be considered defects. On the contrary, they are specific and usual characteristics in handicraft products. We only select the highest quality products, but the original features are inevitable and must be accepted as part of the individual appearance of the product. The provisions of this clause will not affect your rights as a consumer and user, nor your right to withdraw from the Contract.
15. Intellectual property
You acknowledge and consent that all copyright, trademark and other intellectual property rights over the materials or content, always provided as part of the web page correspond to us, or to those who granted us a license for its use. You may make use of such material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact information.
16. Viruses, piracy and other computer attacks
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful. You will not try to have unauthorized access to this web page, to the server where that page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack. The breach of this clause could entail the commission of infractions typified by the applicable regulations. We will report any breach of this regulation to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or of the content download of this or those that it redirects.
17. Links from our web page
If our website contains links to other web pages and third-party materials, these links are provided for informational purposes only, without us having any control over the content of such web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.
18. Written communications
The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most of those communications with us are electronic. We will contact you by email or SMS or we will provide you with information showing notices on this web page. For contractual purposes, you agree to use these electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 18 above and unless otherwise stipulated, we may send communications either to the email address or to the postal address provided by you when placing an order. It will be understood that notifications have been received and have been correctly made at the same time they are displayed on our website, 24 hours after an email was sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , that it was sent to the email address specified by the consumer.
20. Assignment of rights and obligations
The Contract is binding for both you and us, as well as for our respective successors and assignees. You may not transfer, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it, without having obtained our prior written consent. MITZI MARTINEZ AGUIRRE, in her capacity as owner of MAYARAKI, may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations derived from it, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, the law has recognized to you as a consumer, nor will annul, reduce or limit in any other way the guarantees, both expressed and implied, that we could have granted to you.
21. Events out of our control
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, whose cause is due to events that are beyond our reasonable control (“Cause of a Fortuitous Event or Force Majeure”). The Causes of Fortuitous Event or Force Majeure shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, as the followings:
i. Strikes, lockouts or other industrial action.
ii. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
iv. Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or authority.
vii. Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.
It will be understood that our obligations arising from Contracts will be suspended during the period in which the Cause of Fortuitous Case or Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of a Fortuitous Event or Force Majeure. We will use all reasonable means to terminate the Cause of a Fortuitous Event or Force Majeure or to find a solution that allows us to fulfill our obligations under the Contract despite the Cause of a Fortuitous Event or Force Majeure.
The lack of requirement on our part of the strict compliance on your part of any of the obligations assumed by you under a Contract or of the present Conditions or the lack of exercise on our part of the rights or actions that could correspond to us under the contract or of the Conditions, shall not imply any waiver or limitation in relation to those rights or actions nor shall it exempt you from complying with such obligations. No waiver on our part of any right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions. No waiver by us of any of these Conditions or rights or actions arising from the Contract shall take effect, unless it is expressly stated that it is a waiver and formalized and communicated to you in writing in accordance with the provisions of the section of Notifications above.
23. Partial nullity
If any of these Conditions or any provision of the Contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by that declaration of nullity.
24. Complete agreement
These Conditions and any document expressly referred inside them, constitute the entire agreement between you and MITZI MARTINEZ AGUIRRE, as the owner of MAYARAKI, in relation to the purpose of it and replace any other agreement, prior agreement or promise agreed between both parties, verbally or in writing. You and MITZI MARTINEZ AGUIRRE, as the owner of MAYARAKI, acknowledge having consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two parties before the Contract, except that which is expressly mentioned in these Conditions. Neither you nor MITZI MARTINEZ AGUIRRE will dispose of any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless that uncertain statement was made fraudulently) and the only action that the other party will have at her/his disposal will be for breach of contract in accordance with the provisions of these Conditions.
25. Our right to modify these conditions
We have the right to review and modify these Conditions at any time. You will be subject to the policies and Conditions in force at the time you use this website or make each request, unless by law or decision of government agencies we should make changes retroactively in those policies, Conditions or Privacy Statement, in whose case, the possible changes will also affect the orders that you had previously made.
26. Applicable legislation and jurisdiction
The use of our website and product purchase agreements through this website will be governed by Mexican legislation. Any controversy that arises or relates to the use of the website or with said contracts will be submitted to the jurisdiction of the courts of Mexico, expressly renouncing any other jurisdiction that may correspond to them according to their domiciles. present or future or for any other reason. If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.
27. Comments and suggestions
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.