Terms and conditions of the service
Date of last update: March 15, 2023.
I.- GENERAL CONDITIONS.
This commercial contract (the “Contract”) establishes the general terms and conditions (the “Terms and Conditions”) that will be applicable to the users of the digital and computer platform (the “Platform”) whose ownership corresponds to PLANT SQUAD MEXICO SAPI DE CV and its parent companies, controllers, affiliates and subsidiaries (jointly referred to as “Plant Squad Market”), as well as the access and use of the Internet site located at the electronic address URL www.plantsquad.com.mx (the “Site Web"), its corresponding mobile application for smartphones (the "Mobile Application") and any portals, developments and/or additional or auxiliary programs that, directly or indirectly, Plant Squad Market uses to provide its services (all of which are referred to together with the Platform, the Website and the Mobile Application as the “Digital Media”). In this instrument, Plant Squad Market may be referred to, indistinctly, as the "Company" or "we"; likewise, the phrases "our" or "us" shall be understood to refer to Plant Squad Market. The Terms and Conditions may also be referred to, interchangeably, as the Contract, the "present document" or the "present instrument".
These Terms and Conditions are directed to the users of the Platform, and they are applicable and binding at all times that they have the quality of users and are directed exclusively to users who are in the territory of the United Mexican States ( "Mexico"). All natural persons who register and subsequently access or use the Platform, through any device or computer, will be referred to as "Users", regardless of whether such access is made through the Mobile Application or the Website. In particular, those natural persons who carry out a Transaction (as said term is defined below) will be identified as Users. These Terms and Conditions are intended and directed to regulate the conditions of registration, affiliation, access, use and exploitation of Digital Media, as well as the provisions applicable to the Transactions that Users celebrate with the Company (together, the "Services ”).
II.- EXPRESS ACCEPTANCE.
Prior to the use of Digital Media, these Terms and Conditions will be displayed in front of the User for their express acceptance, which will be done by electronic means and by filling in and/or marking boxes, options or express acceptance buttons. enabled in the Digital Media for this purpose, the foregoing based on the second fraction of Article 1803 of the Federal Civil Code and its correlative and applicable Civil Codes of the Federative Entities of the Mexican Republic.
The Users declare and guarantee that, prior to the direct or indirect use of any of the Digital Media, they have expressly accepted each and every one of the provisions contained and provided for in these Terms and Conditions, as well as the corresponding subjection to them, in terms of the preceding paragraph. In the event that the Company does not have proof of the prior acceptance of any User of the provisions of this instrument, the Services will not be enabled.
In the event that Users for any reason do not wish to be bound by the exact Terms and Conditions established in this Contract, or if they do not agree with all or part of the provisions contained herein, they must refrain from making any registration and use the Digital Media and, where appropriate, to use the Services or enter into any Transaction, in addition to immediately abandoning any Digital Media that they are using or have used or where they have registered. The Company will guarantee the right of Users to revoke their consent regarding the acceptance of this instrument, in which case it will suffice for the User himself to communicate it to the Company's Attention and Support Center.
III.- DEFINITIONS.
For better clarity of what is expressed in this instrument, we will use defined terms. For the purposes of these Terms and Conditions, the terms that appear defined in capital letters and that have not been defined differently in various sections of this document, will have the meaning attributed below:
"Virtual Cart" refers to the computer tool deployed in the Digital Media that will allow the User to identify the Product(s) that they have preselected to carry out a Transaction, from time to time.
"Promotional Code" refers to the alphanumeric codes that the Company may disseminate through any advertising media to grant discounts to Users.
"Consideration" refers to the amount, expressed in Mexican pesos (MXN), that will be borne by the User and in favor of the Company for each Transaction, which will be the result of the arithmetic operation of adding the Prices of the Product(s). selected in the Virtual Cart at the time the User chooses the payment option and later, add the Shipping Fee. If applicable, the result of the previous operation will be subtracted from the amount covered by any Promotional Code validly entered by the User. "Means of Payment" refers to the credit card, debit card, service card or any other electronic payment method accepted on the Platform, which will be used by Users to pay the Consideration.
"Order" refers to the Product(s) that have been prepared, packaged and/or packaged for delivery to the address designated by the User, prior to entering into a Transaction.
"Prices" refers to the amounts set as prices for each Product, which will be displayed on Digital Media, may be estimated by unit amount or by kilogram or by any other method, and may undergo changes or modifications from time to time. Unless otherwise expressly indicated, the prices of the Products will include the Value Added Tax (VAT), the amount of which will be expressly broken down in the Receipt and in the corresponding tax invoice. Prices do not include Shipping Fee.
"Products" refers to grocery goods and merchandise, marketed through Digital Media, including, but not limited to, all kinds of food (cereals, dairy products, fruits, vegetables, meat, poultry, shellfish, fish or any other type of food). another category), being able to be packaged, canned, processed, semi-processed, refrigerated, frozen, fresh, packaged or in any other presentation; beverages (juices, soft drinks, bottled water, soft drinks, sports drinks, dairy products, coffees, teas or any other); alcoholic beverages (wines, spirits and beers); cleaning and personal hygiene products; commercialized household cleaning products; pet food and/or any other that is advertised by the Company in Digital Media.
"Receipt" refers to the virtual receipt generated by the Platform for each Transaction.
"Shipping Fee" refers to the amount that the User must pay to the Company to cover the operating costs of home delivery of the Products. It is not considered as a tip for the dealer.
"Transaction" refers to the commercial transaction of purchase and sale of one or more Products selected in the Virtual Cart; acting the User as buyer and the Company as Seller.
The terms defined above may be used throughout this document, interchangeably, singular or plural; in masculine, feminine or neuter; without such use modifying its meaning. In case the terms defined in this section have been given an explanatory meaning in other sections of this document, both meanings will be read and interpreted together. The terms defined exclusively in various sections of this instrument will have the meanings attributed therein.
IV.- ACCESS AND USE OF DIGITAL MEDIA.
Users must register on the Platform, accessing it through the Mobile Application or the Website, in order to obtain an account and an access password (the "User Account"). Users must provide the corresponding personal information in all fields, with valid, accurate and truthful data. Users are obliged to keep the aforementioned personal information updated at all times. Plant Squad Market reserves the right to request, at any time, certain information or documentation from Users in order to verify the veracity of the information provided, as well as to temporarily suspend User Accounts whose information could not be corroborated, or those accounts that are deemed to have been created for fraudulent purposes, the Company being obliged to keep the documentary or instrumental support necessary to support any respective claim. The process of creating a User Account is as follows:
- The User must choose the option to register, and enter the following information: (i) full name; (ii) an email account; and (iii) a password. Plant Squad Market may enable linked access through social network accounts or through Gmail® in which case, the User will be responsible for the authenticity of the accounts associated with such linked access.
- Subsequently, the User must enter the following information: (i) mobile phone number to be contacted regarding orders; (ii) delivery address(es); and (iii) information on the chosen Payment Method.
Ready. Your User Account will have been created. Users can modify the information provided when creating their respective accounts, following the instructions provided in the Digital Media for that purpose.
All Users declare that they have the capacity to contract, in accordance with the applicable legislation in their respective domiciles. Only people who are of legal age, that is, eighteen (18) years of age at the time of registering on the Platform, may request the authorization of a User Account. In the event that a minor person registers on the Platform, the persons who have parental authority, guardianship or supervision of the minor will be jointly and severally responsible for any damages and/or losses that may be caused by the minor.
Users will be responsible at all times for the custody of their password, consequently assuming any damages that may arise from its improper use, as well as from the assignment, disclosure or loss of it. In the event of forgetting the password or any other circumstance that poses a risk of access and/or use by unauthorized third parties, the User will immediately notify the Company's Attention and Support Center, so that it can proceed immediately to the blocking and replacement of the same. In any case, any operations carried out before said communication will be considered carried out by the User.
V.- TRANSACTIONS.
The execution of a Transaction will be subject to the following provisions: Transactions. Users may use the Digital Media to select the Product(s) of interest and place them in a Virtual Cart, specifying the product chosen and the quantity requested. At any time, the User may choose to pay for the Product(s) that are selected, from time to time, in the Virtual Cart. At the moment of selecting the option to pay or any other similar option, a Transaction will be deemed to have been carried out. Due to the celebration of a Transaction, the User authorizes the Company to charge the Consideration over the Means of Payment. The User will receive a Receipt for each Transaction, which must be downloaded and kept.
Prices. Plant Squad Market will make its best efforts to offer competitive prices, and integrate small and medium producers into its distribution chain to contribute to that purpose. Because many Variable Weight Products will be individually prepared and weighed for you, the Price displayed in the Virtual Cart will be based on an estimated weight. In the event that the final amount has changed, the corresponding adjustments will be made and that last amount will be the one that is actually charged to the Consideration. The Prices may be subject to change from moment to moment, being the responsibility of the User to complete the Transaction. Once the Transaction is complete, we will be able to show you an estimate of the amount you have saved by buying with us, compared to various merchants. Product Specifications. The characteristics and specifications of the Products may change without prior notice. The photographs correspond to a similar product represented for illustrative purposes only.
Temporary charges. The User authorizes the Company to make a temporary charge in order to validate the suitability of the Means of Payment. Any temporary charge will be refunded once the above is verified.
Availability. All Products offered at Plant Squad Market are subject to availability. In certain cases, there will be Products that report immediate availability and others that have one or more days to wait before being available to the User. In the case of Orders that report Products with immediate availability and others that do not report said availability due to time or the specific shipping address, the Company may suggest to the User the division of the Order for partial delivery on two different dates or the modification of the shipping address or cancellation of unavailable Products. The merchandise is subject to stock, so the delivery time may vary with prior notice from the Company, or the order may even be canceled and the payment refunded if it is not a refillable Product.
Products not available. It is possible that certain Products are not available once the User has made the Transaction, specifically the perishables, for reasons beyond the control of the Company (eg excess demand, decomposition of perishables, delay of suppliers or quality below of our standards). In this case, the User will have the following options: (i) request the replacement of the perishable item(s) whose availability has run out, through an electronic coupon that covers the value of the unavailable Products; (ii) request a refund of the amount of the Products not available with a credit to the Means of Payment; or (iii) wait for such Products to become available again, in which case they will be shipped to you immediately.
Suggestion of new product(s). Once a Transaction is completed, the User may suggest to the Company the inclusion of one or more new products in its catalogue. Alcoholic beverages. The Company will only sell alcoholic beverages to people over eighteen (18) years of age. The distributor associated with the Company will have the power to make sure that the person who receives the Order is of legal age, by requesting a means of official identification. Otherwise, you must return the Order to the Company, and its delivery will be subject to the provisions set forth in section VI of this instrument. Minimum purchase. Plant Squad Market reserves the right to establish a minimum purchase amount for each Transaction. Tip. Users will be free to compensate associated dealers with a tip. Bulky products. With the purpose of safeguarding the safety of our associated distributors, Plant Squad Market may establish weight or quantity limits per Product or per general Order, for each Transaction. In this case, the User may carry out one or more additional Transactions to fully satisfy their needs.
Promotional Codes. The Promotional Codes will have a maximum validity of up to thirty (30) calendar days from the day they were promoted to the general public, unless the text of the promotion expressly indicates otherwise.
VI.- DELIVERY.
The delivery of the Products will be subject to the following provisions: “My Orders” section. Users may consult the Order(s) that they have in progress, in the option enabled for this purpose in the Digital Media.
Associate distributors. The Company shall be free to contract or subcontract with third parties, under any applicable legal title, for the purpose of entrusting them with the delivery of the Orders, without this exempting Plant Squad Market from responding for the full delivery of the Order.
Delivery address. At the time of entering into a Transaction, the User may indicate an address so that the delivery of the Order can be verified. In the absence of express designation, the address indicated by the User at the time of registering on the Platform will be considered the delivery address.
Delivery hours will vary according to service demand
Delivery and tolerance time.
Once the associated delivery person arrives during delivery hours, as the first point of contact with the User, he will ring the bell or, where appropriate, request assistance with security and surveillance personnel. In the event that the User or any person authorized to receive the Order is not found, the associated delivery person may communicate by telephone to try to locate it. Without exception, the maximum tolerance time to wait for a person who receives the order will be five (5) minutes.
Delivery failed. In the event that the associated delivery person has not been able to verify the delivery of the Order for reasons attributable to the User, the User himself must contact the Company for the purpose of rescheduling the delivery of the Order. In this case, the User must pay Plant Squad Market an administrative fee equivalent to 20% (twenty percent) of the Consideration, in addition to paying the Shipping Fee again. Considering that Plant Squad Market is a virtual market without warehouses for storage, the User will have a maximum of three (3) calendar days to specify the redelivery of the Order, otherwise, the Transaction will be cancelled, in which case the return of the Consideration to the User, after discounting an administrative cancellation fee equivalent to 35% (thirty-five percent) of the Consideration.
Risk situations. At Plant Squad Market we care about the safety of our partner couriers. If the weather, environmental or public safety conditions related to the delivery address put the integrity of our associated couriers at risk, there may be delays not attributable to the Company or it may be impossible to verify delivery in certain locations. In the latter case, we will contact the User to reschedule or redomiciliate the delivery of the Order. If the foregoing is not possible, the full refund of 100% (one hundred percent) of the Consideration paid for the Order will be made in favor of the User.
Incomplete order.
In the event that an Order is incomplete due to having sent fewer Products than requested by the User, or any Product in less quantity than required, the User must inform the Company of such situation. In any case, the shortfall will not be charged, so the Company, at the User's choice, will make the payment corresponding to the Means of Payment as a refund or, it will grant the User a discount coupon equivalent to the reported shortfall, to be used on the Platform.
VII.- CHANGES, RETURNS AND CANCELLATIONS.
All changes, returns and cancellations of an Order will be subject to the following provisions:
Change policy. The User may request changes or substitutions of the Products that make up a Transaction, up to 11:59 p.m. on the day the Transaction was entered into, in which case the corresponding adjustment will be made in the Consideration. Except for reasons attributable to the Company, changes or substitutions of Products will not be accepted the day after the Transaction is concluded.
(i) in the case of perishable Products, if the User is not completely satisfied with their condition, the User will receive a refund equivalent to 100% (one hundred percent) of the Price paid for them, without being obliged to return them to the Company; and (ii) for non-perishable Products, the User will be given an electronic coupon for the value of the defective Product, and an associated delivery person will go to collect it from the User's address. Returns will not be accepted outside the deadlines established above.
Perishables:
In this case, the User will have the deadline date and time to notify the return request to Plant Squad Market within three (3) hours after the User himself has received his Order. Returns will not be accepted after the aforementioned period.
The User must contact our customer service email channel (ayuda@plantsquad.mx). Our representatives will inform the User of the procedure for the respective refund in credits or in national currency. Cancellation and change policy.
1. Shipping scheduled for the next day and up to 7 days: The User can modify (the content of his order and delivery time) or cancel his order at no cost until 23:59 on the day before the previously scheduled delivery. After this moment, the User will not be able to make changes to their order and if the User wishes to cancel, they will be charged a cost equal to the Shipping Fee.
VIII.- USE LICENSE.
Subject to the provisions of these Terms and Conditions, Plant Squad Market grants Users, and Users accept from Plant Squad Market, a limited, personal, non-assignable, non-sublicensable, non-transferable, revocable and non-exclusive license, for the use of the Platform and the rest of the Digital Media within the territory of Mexico (the "License of Use"). No source code or license to use source code is granted under the terms of this section. Users undertake to make appropriate and lawful use of Digital Media, in accordance with the applicable regulation, this instrument, morality and generally accepted good customs and public order. Users must refrain from engaging in the following conducts:
(i) make inappropriate or illegal or fraudulent use of the Digital Media;
(ii) access or attempt to access restricted or unauthorized resources within the Digital Media;
(iii) use the Digital Media for illicit, illegal purposes or purposes, contrary to what is established in this instrument, harmful to the rights or interests of third parties, or that in any way may damage, disable or overload or prevent the normal use or enjoy Digital Media;
(iv) cause damage to the Digital Media or to the systems of its providers or third parties;
(v) introduce or disseminate or attempt to distribute computer viruses or any other physical or logical systems that are likely to cause damage to the systems of Plant Squad Market, its suppliers or third parties;
(vi) attempt, access, use and/or manipulate Plant Squad Market data; third party providers and other Users;
(vii) reproduce or copy or distribute any elements inserted in the Digital Media, without having the corresponding authorization; and
(vii) perform or attempt to reverse engineer, decompile or reverse compile, disassemble, list, print or display the software, firmware, middleware or any other part of the source or compiled code that makes up the Platform and any of its programs or components, or by any other means obtain the source code or other proprietary information of any of the Digital Media.
Likewise, it is strictly prohibited to carry out "Fraudulent Operations" on the Platform. For the purposes of this document, Fraudulent Operations shall be understood as any act carried out by Users to obtain profit or undue benefit, including but not limited to identity theft; the creation of false accounts or double user accounts; requesting or soliciting or making or accepting simulated or fictitious, unusual or non-existent Transactions; the entry of false financial or banking information, or previously stolen from third parties; colluding with any other User or with any Plant Squad Market personnel to engage in fraudulent conduct; improper use of Promotional Codes and, in general, any isolated or repeated act whose purpose is to deceive the Platform or the Company to obtain undue profit. The User accepts that the availability and continuity of the operation of the Digital Media may be temporarily interrupted or suspended by:
(i) the lack of availability or accessibility to the Digital Media;
(ii) interruption in the operation of the Digital Media due to computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of its operation; and (iii) other damages that may be caused by third parties through unauthorized interference beyond the control of the Company.
The Company will make its best efforts to maintain the good and correct functioning of the Digital Media, as well as to mitigate the presence of viruses and/or other elements introduced to the Digital Media by third parties, in addition it will adopt various protection measures to protect the Digital Media against computer attacks from third parties. However, Users acknowledge that Digital Media may not be available due to technical difficulties, internet failures, affectations in telecommunications networks, or for any circumstance beyond the control of the Company.
IX.- SERVICE AND SUPPORT CENTER.
To make any requests, complaints or reports related to the Services, as well as to request any clarifications related to the Transactions, Users must contact the Service and Support Center of the Company, within a maximum period of five (5) calendar days after to the event they wish to report or whose clarification they request (the "Clarifications"). Service and Support Center Telephone: (52) 55 6387-0381 Email: contacto@plantsquad.com.mx The Company will have a period of ten (10) calendar days to resolve the corresponding Clarifications.
All references contained in this instrument relating to communications that the User must make to the Company must be made to the Service and Support Center.
X.- PRIVACY.
By signing or accepting these Terms and Conditions, Users declare that they have read and expressly accepted the Plant Squad Market Privacy Notice, which is available on the Website. For more information on the processing of their personal data, Users should consult the Privacy Notice.
XI.- BILLING.
Users may request Digital Tax Receipts (CFDI's) from the Company for each Transaction. For this purpose, they must request the corresponding CFDI through Digital Media, within five (5) calendar days after the corresponding Transaction has been carried out by writing an email to facturacion@plantsquad.mx
XII.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
Users acknowledge and accept that all intellectual and industrial property rights over the Platform and over all content and elements inserted in the Digital Media (including without limitation brands, logos, figures, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentations, and audio and video elements) belong to Plant Squad Market (the “Intellectual Property”). Any reproduction, distribution, transmission, copying, alteration, exploitation, publication, dissemination or disposition of the Intellectual Property is strictly prohibited, without the prior written consent of a legal representative of Plant Squad Market. Any use or exploitation of the Intellectual Property - not previously authorized and in writing by a legal representative of Plant Squad Market - will be sufficient reason to revoke the Use License provided for in this instrument, without prejudice to administrative, civil and criminal sanctions to which the offender is a creditor.
XIII.- RELATIONSHIP BETWEEN THE PARTIES.
For purposes of this Agreement, the Users and the Company together are referred to as the "Parties". The Parties acknowledge that all of them are independent of each other, therefore they agree that the signing of these Terms and Conditions will be a contractual relationship of a commercial nature, without giving rise to said relationship being interpreted as a partnership or association between them.
XIV.- FORTUITOUS EVENT OR FORCE MAJEURE CAUSES.
The Company will not be liable to Users, in accordance with this instrument, in the event that Digital Media cannot be used or Transactions cannot be held due to Acts of God or Force Majeure, including, but not limited to, fire, floods, hurricanes, storms, cyclones, earthquakes, earthquakes, earthquakes, strikes, wars, insurrections, riots, rebellions, closures, hacker cyber attacks, the general revocation or limitation to the user public in the use of the necessary software or programming language to operate the Platform or the Mobile Application, acts of God or other causes of a similar or different nature.
XV.- ASSIGNMENT.
Users may not assign their rights and obligations assumed by signing these Terms and Conditions, without the prior written consent of a legal representative of Plant Squad Market. For its part, the Company may assign these Terms and Conditions to any third party that succeeds it in the exercise of its business or in which it assumes ownership of the Digital Media, for any possible title, prior notification to Users for that purpose.
XVI.- NOTIFICATIONS.
The Company may make the appropriate notifications through a general notification in the Mobile Application or on the Website, through the email address provided by Users when registering their User Accounts or by traditional mail addressed to the address indicated by Users when registering their User Accounts. The User may notify the Company by sending an email to the contact address indicated in the Digital Media.
XVII.- MODIFICATIONS.
These Terms and Conditions may be modified, added or reformed, in which case the date of last modification of this instrument will be updated. The User expressly acknowledges the right of Plant Squad Market to modify this Contract at any time, a notification in terms of the procedure provided herein being sufficient, at least five (5) calendar days in advance of the date on which the modifications enter in force. In the event that the User does not agree with the modifications made to this Agreement, the User may request Plant Squad Market to terminate it within thirty (30) calendar days after the notice, without any responsibility at their expense. It will be understood that the User accepts the modifications made to these Terms and Conditions if he requests or participates in any Transaction on a date after such modifications enter into force, maintaining his right to terminate this instrument in terms of the provisions in the previous paragraph.
XVIII.- SUBSISTENCE.
In the event that any term, condition, section or provision contained in these Terms and Conditions is considered or could be considered void, invalid, illegal, prohibited or unenforceable in any jurisdiction, such term, condition, section or provision must be severed from this Agreement , without the foregoing implying the nullity or invalidity of the remaining terms or conditions. The Company must substitute the corresponding term, condition, section or provision, in accordance with the applicable regulation.
XIX.- VALIDITY.
These Terms and Conditions will be valid, obligatory and binding for all Users who have a User Account enabled on the Platform and do not request its withdrawal or cancellation. In the event that any User requests the cancellation or cancellation of their User Account, they will be relieved of complying with the provisions of this document, but all those obligations related to damages, losses or responsibilities - of a civil, criminal nature - will remain in force. , administrative or of any other nature - in which the User may have incurred against other Users, Plant Squad Market or any third party.
XX.- APPLICABLE LEGISLATION AND COMPETENT JURISDICTION.
The Parties in this act strictly agree that this Contract will be governed and interpreted in accordance with commercial legislation and additionally with current federal civil legislation of the United States of Mexico, as well as in accordance with the applicable regulation on the protection of consumer, as appropriate, for which the Parties expressly and irrevocably waive any other legislation that may be applicable by virtue of their present or future domiciles or for any other reason or concept.
For all controversies, demands, actions or disputes that arise from or are related to this Contract, the Parties expressly and irrevocably agree and consent to submit exclusively to the jurisdiction of the competent courts and tribunals located in Mexico City, and in this expressly and unconditionally waive, in the broadest terms permitted by law, any other jurisdiction that may correspond to them by reason of their current or future domiciles or for any other reason
