TERMS AND CONDITIONS
These Terms and Conditions, which you previously accepted, apply to any product sales made by Ornelas By Xbaal within and outside the Mexican Republic.
ORDER
Orders will be accepted in writing, via email, or by phone and will only be binding once accepted by Ornelas By Xbaal through the issuance of an order confirmation via any of the above communication methods. You must verify the order confirmation and immediately notify us in writing of any errors. Otherwise, the product description in the order confirmation will become part of this document and binding for both parties.
PRICE AND PAYMENT TERMS
Quotations and/or economic offers (promotions) will only be valid in writing and for the period indicated therein. If no period is specified, it will be 15 calendar days. The order confirmation will establish the product's price, payment terms, deadline, and conditions. The price excludes shipping and insurance costs unless explicitly stated otherwise. Unless otherwise specified in the order confirmation, payment must be made when placing the order. It must be received by Ornelas By Xbaal before issuing the order confirmation. Ornelas By Xbaal reserves the right to require prior approval for credit card debits and/or banking certification of checks given as payment before order confirmation.
PRODUCT IMAGE
Ornelas By Xbaal makes every effort to ensure that the images of the products displayed on its website are as similar as possible to the actual product. However, they may vary slightly in color.
LIMITATION OF LIABILITY
Ornelas By Xbaal's liability to the customer regarding damages caused or related to these Terms and Conditions, without prejudice to the legal or extrajudicial action that determines liability, whether contractual or non-contractual, shall not include and Ornelas By Xbaal shall never be responsible for circumstances excluded from the warranty, originated by force majeure as indicated in the said clause, or damages that the customer could have avoided. Ornelas By Xbaal's liability to the customer regarding damages caused or related to this contract, regardless of the form of legal or extrajudicial action determining liability, whether contractual or non-contractual, through negligence, willful misconduct, or breach of warranties, in all cases will be limited to and shall never exceed, in aggregate for all claims, actions, or causes of action of any kind or nature, the total consideration paid by the customer to Ornelas By Xbaal for the respective order, excluding expenses. In no event shall the damages to be paid by Ornelas By Xbaal include, and Ornelas By Xbaal shall never be liable for any amount for loss of revenue, profits, or savings or for incidental, indirect, special, punitive, or consequential damages, including those of third parties, even if notified in advance of the possibility of such damages and/or losses. Ornelas By Xbaal shall not be liable or responsible for the following:
1) Indirect or consequential loss.
2) Loss that could have been avoided through reasonable conduct.
3) Items excluded from the warranty or force majeure.
FORCE MAJEURE
Ornelas By Xbaal does not accept liability for delays and losses (including deliveries or services) caused by circumstances beyond its reasonable control and shall have the right to cancel the commercial transaction or, in such case, an extension for its execution, including, but not limited to, the following: strikes, theft or loss, transportation, supply or production problems, exchange rate fluctuations, government action, and natural disasters. If the cause lasts for more than two months, the transaction may be terminated or resolved by either party without any right to compensation.
RESOLUTION
Ornelas By Xbaal may cancel the purchase order with prior written notice if: 1) the Price is not paid promptly, in which case the parties expressly agree that the total or partial non-payment shall result in the rescission of the rights in full; 2) You fail to comply with any of the obligations assumed in this document. Ornelas By Xbaal may demand the performance of your obligation to pay the price and, in any case, require compensation for damages and losses.
CUSTOMER'S RESPONSIBILITY
You are responsible for the following:
1. Your own choice of the product and the suitability of the product for a purpose or goal.
2. If applicable, The expenses of your phone and mail to contact Ornelas By Xbaal.
3. The use of the product acquired from Ornelas By Xbaal. You will provide sufficient information, cooperation, collaboration, and access to enable Ornelas By Xbaal to fulfill its commitments; otherwise, we will be exempt from our obligations.
DATA PROTECTION
Your data will be processed by applicable data protection laws, to which you expressly consent. You can request that we do not use your data for direct marketing purposes. You may exercise your rights of access, rectification, and cancellation by written communication to the address of Ornelas By Xbaal. The data subject has the right to exercise the right of access to their data free of charge.
JURISDICTION
This document is subject to the laws of the United Mexican States. Any dispute shall be submitted to the State of Quintana Roo courts, and both Ornelas Llaneza and the customer expressly waive any other jurisdiction that may correspond to them because of their current or future domicile.
Ornelas By Xbaal may modify these Terms and Conditions at any time without the need for any notice to be given. It will be sufficient for Ornelas By Xbaal to publish the new version of these Terms and Conditions on its website, which will be applicable to transactions carried out after such modification, so we suggest reviewing them.