Terms and Conditions / General Sales Conditions
This contract describes the general terms and conditions (hereinafter only "TERMS AND CONDITIONS") applicable to the use of the contents, products and services offered through the site www.tammle.com (hereinafter, "WEBSITE"), of which is the owner Tammlé represented by ALEJANDRO NOÉ ROJAS CEBALLOS hereinafter, "Tammlé") who has his domicile established in Jalisco, at the following address: Calle Río Zula #2682, colonia Jardines del Rosario, Zip Code 44890, Guadalajara, Jalisco.
Any person wishing to access or make use of the site or the services offered therein, may do so subject to these TERMS AND CONDITIONS, as well as policies and principles incorporated into this document. In any case, any person who does not accept these terms and conditions, should refrain from using the WEBSITE and/or acquire the products and services that may be offered.
I. ABOUT THE OBJECT.
The purpose of these TERMS AND CONDITIONS is to regulate the access and use of the WEBSITE, meaning any type of content, product or service that is available to the general public within the domain: www.tammle.com.
The OWNER reserves the right to modify at any time and without prior notice, the presentation, content, functionality, products, services, and configuration that may be contained in the WEBSITE; in this sense, the USER acknowledges and accepts that Tammlé at any time may interrupt, deactivate or cancel any of the elements that make up the WEBSITE or access to them.
Access to the WEBSITE by the USER is open and, as a general rule, free of charge, without the USER having to provide any compensation in order to enjoy it, except in relation to the cost of the internet connection provided by the provider of this type of service that the USER himself has contracted.
Access to part of the contents and services of the WEBSITE may be made prior subscription or prior registration of the USER.
The WEBSITE is directed exclusively to persons of legal age (over 18 years of age); in this sense, Tammlé declines any responsibility for failure to comply with this requirement.
The WEBSITE is directed mainly to USERS residing in the Mexican Republic, for which, Tammlé does not ensure that the WEBSITE complies fully or partially with the legislation of other countries, so that if the USER resides or has his address established in another country and decides to access or use the WEBSITE he will do so at his own risk and must ensure that such access and navigation complies with the local legislation that is applicable; Tammlé does not assume any liability that may arise from such an act.
It is made known to the USER that the OWNER may administer or manage the WEBSITE directly or through a third party, which does not modify in any way the provisions of these TERMS AND CONDITIONS.
II. FROM THE USER.
The access or use of the WEBSITE confers the condition of USER of the WEBSITE, therefore it will be subject to the present TERMS AND CONDITIONS, as well as to its subsequent modifications, without prejudice to the application of the applicable legislation, therefore, will be accepted from the moment the USER access the WEBSITE. Given the relevance of the above, it is recommended that the USER review the updates made to these TERMS AND CONDITIONS.
It is the responsibility of the USER to use the WEBSITE according to the form in which it was designed; in this sense, the use of any type of software that automates the interaction or download of the contents or services provided through the WEBSITE is prohibited. In addition, the USER agrees to use the information, content or services offered through the WEBSITE in a lawful manner, without contravening the provisions of these TERMS AND CONDITIONS, morality or public order, and shall refrain from performing any act that may imply an affectation to the rights of third parties, or in any way prejudice the operation of the WEBSITE.
Likewise, the USER undertakes to provide legal and truthful information in the forms provided on the WEBSITE, in which the user must provide certain data or information for access to any content, product or service offered by the WEBSITE itself. In any case, the USER will immediately notify the HOLDER of any fact that allows to suppose the improper use of the information registered in such forms, such as, theft, loss, or unauthorized access to accounts and/or passwords, with the order to proceed to its immediate cancellation.
The mere access to the WEBSITE does not imply the establishment of any kind of relationship between the OWNER and the USER.
Being a WEBSITE addressed exclusively to people who are of legal age, the USER declares to be of legal age and have the necessary legal capacity to abide by these TERMS AND CONDITIONS.
III. ACCESS AND NAVIGATION ON THE WEBSITE.
The OWNER does not guarantee in any way the continuity and availability of the contents, products or services offered through the WEBSITE, however, the OWNER will carry out the actions that, according to their possibilities, allow it to maintain the proper functioning of the WEBSITE, without this implying any responsibility on the part of Tammlé In the same way, Tammlé will not be responsible nor guarantees that the content or software that can be accessed through the WEBSITE is free of errors, malicious software, or that may cause any damage to software or hardware in the computer through which the USER access the WEBSITE.
The HOLDER is also not responsible for any damages that may arise from improper use of the WEBSITE. Under no circumstances will Tammlé will be liable for any loss, damage or injury of any kind arising from the sole access or use of the WEBSITE.
IV. PRIVACY POLICY AND DATA PROTECTION.
In accordance with the provisions of the Federal Law on the Protection of Personal Data in the Possession of Individuals, the HOLDER undertakes to adopt the necessary measures available to ensure the privacy of the personal data collected in such a way as to guarantee its security, prevent its alteration, loss or unauthorized processing.
In addition, in order to comply with the provisions of the Federal Law on Protection of Personal Data Held by Individuals, any personal data collected through the WEBSITE, will be treated in accordance with the principles of lawfulness, quality, purpose, loyalty, and responsibility. All processing of personal data will be subject to the consent of the OWNER. In any case, the use of financial or patrimonial data, will require the express authorization of the HOLDERS, however, this may be done through the WEBSITE itself using the mechanisms enabled for this purpose, and in any case the greatest diligence will be given. Beware of this type of data. The same shall apply in the case of sensitive personal data, taking into account by them those which, due to improper use, may give rise to discrimination or their disclosure may entail a risk for the data subject.
At all times, care will be taken to ensure that the personal data contained in any databases or files used are relevant, correct and up to date for the purposes for which they were collected. The processing of personal data will be limited to the fulfillment of the purposes set forth in the Privacy Notice, which will be available at the following e-mail address:
www.tammle.com/en/privacidad
The WEBSITE may include hyperlinks or links that allow access to websites of third parties other than Tammlé the owners of these websites will have their own privacy and data protection policies, for which Tammlé does not assume any responsibility for the data provided by the USER through any website other than www.tammle.com.
Tammlé reserves the right to modify its Privacy Policy, according to their needs or derived from any change in legislation. The access or use of the WEBSITE after these changes, will imply the acceptance of these changes.
On the other hand, access to the WEBSITE may involve the use of cookies, which are small amounts of information stored in the browser used by the USER. Cookies facilitate navigation, make it more friendly, and do not damage the navigation device, for this, they can collect information to access the WEBSITE, store the USER's preferences, as well as the interaction that it has with the WEBSITE, such as: the date and time in which the WEBSITE is accessed, the time that it has been used, the sites visited before and after it, the number of pages visited, the IP address of which the user accesses , the frequency of visits, etc.
This type of information will be used to improve the WEBSITE, detect errors, and possible needs that the USER may have, the above in order to offer USERS services and content of better quality. In any case, the information that is collected will be anonymous and will not identify individual users.
In case the USER does not want this type of information to be collected, he must disable, reject, restrict and/or eliminate the use of cookies in his internet browser. The procedures for performing these actions may differ from one browser to another; consequently, it is suggested to review the instructions provided by the browser developer. In the event that he rejects the use of cookies (totally or partially) the USER may continue to use the WEBSITE, although some of its functions may be disabled.
It is possible that in the future these policies regarding cookies change or update, so it is advisable to review the updates made to these TERMS AND CONDITIONS, in order to be adequately informed about how and why we use cookies that are generate when entering or making use of the WEBSITE.
V. LINK POLICY.
The WEBSITE may contain links, contents, services or functions, of other internet sites belonging to and/or managed by third parties, such as images, videos, comments, search engines, etc.
The use of these links, contents, services or functions is intended to improve the USER's experience when using the WEBSITE, without it being considered a suggestion, recommendation or invitation to make use of external sites. Tammlé in no case will it review or control the content of the external sites, likewise, does not own the products, services, content, and any other material on the linked sites; therefore, the availability, accuracy, veracity, validity or legality of the external sites that can be accessed through the WEBSITE will not be guaranteed either. Likewise, the OWNER assumes no responsibility for the damages that may be caused by the access or use of the contents, products or services available on websites not managed by Tammlé which can be accessed through the WEBSITE.
The USERS or third parties who make or publish a web link from an external website to this WEBSITE must take into account the following:
The reproduction (total or partial) of the contents, products or services available on the WEBSITE is not allowed without the express authorization of Tammlé or its holder. False, inaccurate or incorrect statements about the WEBSITE, its contents, products or services will not be allowed either, Tammlé being able to restrict access to the WEBSITE to any person who engages in such acts.
The establishment of a link to the WEBSITE from any external site, will not imply the existence of any relationship between Tammlé and the owner of the website from which it is made, nor will it imply the knowledge of Tammlé of the contents, products or services offered on the external sites from which the WEBSITE can be accessed.
VI. POLICY ON INTELLECTUAL AND INDUSTRIAL PROPERTY
Tammlé by itself or as a transferee, is the owner of all the intellectual and industrial property rights of the WEBSITE, understanding by this the source code that makes its operation possible as well as the images, audio or video files, logos, brands, combinations of colors, structures, designs and other elements that distinguish it. They will, therefore, be protected by Mexican legislation on intellectual and industrial property, as well as by applicable international treaties. Therefore, reproduction, distribution, or dissemination of the contents of the WEBSITE, for commercial purposes, in any medium and without any authorization by Tammlé is expressly prohibited.
The USER undertakes to respect the intellectual and industrial property rights of the OWNER. However, in addition to being able to visualize the elements of the WEBSITE, can print, copy or store them, as long as it is exclusively for its strictly personal use.
On the other hand, the USER will abstain from deleting, altering, or manipulating any element, file, or content of the WEBSITE, and will not, under any circumstances, carry out any acts tending to violate the security, files or databases that are protected, either through restricted access by means of a user and password, or because he does not have the permissions to view, edit or manipulate them.
In the event that the USER or any third party considers that any of the contents of the WEBSITE constitutes a violation of the rights of protection of industrial or intellectual property, it must be immediately notified to Tammlé through the contact information available on the WEBSITE itself and/or through the following email: contacto@tammle.com
VII. LEGISLATION AND APPLICABLE JURISDICTION.
Tammlé reserves the right to file civil or criminal actions deemed necessary for the improper use of the WEBSITE, its contents, products or services, or for the breach of these TERMS AND CONDITIONS.
The relationship between the USER and Tammlé will be governed by the legislation in force in Mexico, specifically in Jalisco. If any dispute arises in relation to the interpretation and/or application of these TERMS AND CONDITIONS, the parties will submit to the ordinary jurisdiction of the courts that correspond according to law in the state to which reference is made.
GENERAL CONDITIONS OF SALE
The website www.tammle.com allows its users to purchase various products and services in a reliable, secure and convenient manner. In order to provide our users with a comprehensive service in the acquisition and/or contracting processes through this website, users must adhere to and fully accept the terms and conditions established in these General Sales Conditions, in the event that such users do not agree in whole or in part with the provisions of these General Conditions, they must refrain from purchasing and/or contracting the products and services offered through this website. Given the importance of the above, the fact that the acquisition and/or contracting of products or services through this website implies the acceptance of these general conditions is highlighted.
I. DEFINITIONS.
Website. The website available through the domain www.tammle.com.
Product available. Individually, it will refer to all types of goods, as well as all types of services regardless of their nature that are available on the website for purchase, acquisition or contracting even for free. When referring to more than one available product, these will be referred to as "available products".
Product purchased. All kinds of good, as well as all types of services regardless of their nature, once they have been purchased, acquired or contracted by the users of the website. When referring to more than one product purchased, these will be referred to as "purchased products".
User. Any person independent of its nature that makes use of the website, especially if it purchases or acquires, intends to buy or acquire, contracts, or intends to contract the products available through the website.
Headline. The holder or owner of the website, which for all legal purposes is Tammlé, will be the only person who commercializes the products available on the website and can be contacted through the following email: contacto@tammle.com
Address of the owner. For all legal purposes, it will be understood that the owner's address is located in Jalisco specifically at: Calle Rio Zula #2682, colonia Jardines del Rosario, Zip Code 44890, Guadalajara, Jalisco.
Purchase order. Document generated on the website that will contain the set of products purchased by the user, and which the owner undertakes to deliver and/or carry out.
In case the user wishes to consult the terms and conditions that regulate the use of the website, he/she may do so by accessing the following electronic address: www.tammle.com/legal. Additionally, he or she may consult our privacy notice at the following e-mail address:
www.tammle.com/en/privacidad.
II. FROM THE USER.
For all legal purposes, the user will be considered a person with legal capacity to contract and be bound by the terms of this document, in this sense, every user of the website has the obligation to use the website in a responsible and correct manner, for which the user agrees to: Buy, acquire or contract the available products legally and, in case the user is aware of any circumstance that could legally affect the activity that is developed through the website, shall immediately inform the holder thereof.
Not to make any simulated or fraudulent purchase or acquisition. If it is found that the user has carried out any such activity, it may be cancelled and the corresponding authorities will be notified.
Provide truthful information, when it is required to contract, acquire or buy the available products, even for free.
The website is primarily aimed at users residing in the Mexican Republic, for this reason, Tammlé does not ensure that the website complies with the applicable legislation in other countries. In this regard, the owner declines any liability that may arise from the use of the website outside of the Mexican Republic.
Likewise, it is informed that these conditions may be modified at any time; therefore, the user is responsible for consulting the updates made to this document, however, in the case that the user purchases, acquires or contracts any of the products available on the website, those that are published at the time the contracting, acquisition or purchase is requested will apply.
III. PURCHASE OR ACQUISITION PROCESS.
The users will be able to buy, acquire and/or contract the products available on the website, for which they will have to follow the procedures enabled for it, provide the data requested and, if necessary, make the corresponding payment.
Once the user completes the purchase and/or contracting procedure, he/she will be able to obtain the purchase order, said document will specify the products purchased, that is, the goods and/or services that have been purchased, acquired and/or contracted by the user.
The purchase order must include, among other things, the date on which the products will be delivered, the services performed or the service that will be provided to the user. In the event that there is a breach by the owner, or the product purchased is not available, the user must report it to the owner so that it takes the measures it deems pertinent to meet the user's requirements, or if necessary the return of the payment that has been received, said reports must be presented through the following mail: contacto@tammle.com.
The owner may send the purchase order to the user, as well as the invoice thereof, as long as the user has provided the necessary data to do so.
If the user considers it pertinent to clarify his/her data or the products purchased, he/she may do so through the following e-mail address: contacto@tammle.com
Depending on their nature, some of the products available may require the acceptance of specific conditions for purchase, acquisition or contracting, these will be available for each product or category of products in particular, and may be consulted by the user in all moment at: www.tammle.com/atencion-al-cliente
Unless expressly stated otherwise, the owner is not the manufacturer of the products available on the website, therefore, the user must not only consider the information provided on the website, but must also attend to the information, instructions and warnings included in the labeling, manuals and descriptions that accompany the products purchased.
All activity carried out through the website may be registered and/or stored by the owner exclusively for the following purposes:
1.- Keep a record of purchase orders and payments made through the website for quality purposes in the service and customer service.
2.- To constitute a means of proof of the operations carried out on the website, for any legal matter of its competence or interest.
3.- Improve the services provided through the website, among other things, to make the user interface more user-friendly, facilitate the acquisition and/or hiring of the available products, as well as to make recommendations to the user based on their preferences.
In any case the provisions regarding the protection of personal data will be taken care of, and any doubt or clarification that may be had in relation to this point, or to the exercise of the rights established in favor of the user in the matter of protection of personal data, may be consulted in our privacy notice, which, as mentioned, can be consulted at www.tammle.com/privacidad
IV. PRICES AND FORMS OF PAYMENT.
The prices displayed on the website are the final ones and include taxes, and will be presented in Mexican pesos, unless a different issue is indicated and applied by legal requirement.
Unless a different issue is indicated promptly, the prices of the available products do not include shipping costs, so the shipping cost may be added to the total amount in case it is managed by the owner, or it may be covered by the user directly if said option is available, in this case, he will consult the available forms and shipping costs and freely choose the one that he considers most appropriate to his needs.
Under no circumstances will additional products or services be added automatically, the user will only cover the cost of the purchased products, and, in the event that an additional charge will be made, they must reported to the owner immediately through the following email: contacto@tammle.com
The prices shown may be modified at any time by the owner, however, the changes that come to be made will not affect in any way the orders, purchases or contracts for which the user has obtained the purchase order.
Payments will be accepted through:
- Credit card
- Debit
- PayPal
Any payment that is made will be subject to verification, therefore, the purchase order will be generated once the funds (regardless of the means of payment that have been used) are available to the owner, or, it is verified that the payment has been authorized by the financial institution or payment operator. The owner assumes no responsibility for rejections or delays in authorizations for payment by financial institutions or payment operators. In these cases, purchases may be canceled unilaterally by the owner reimbursing the user the amounts that have been paid in his case; likewise, in the cases mentioned, the shipment or delivery of the purchased products may be suspended or delayed without any liability for the holder until the corresponding payments are made.
The user consents that the charges may be made at the time of the request of the available products, that is, prior to the receipt of the goods, products or services that he acquires, buys or contracts.
V. DELIVERY.
In the cases in which the physical delivery of the purchased products is carried out, these will be carried out within the following territory: throughout the Mexican Republic.
Except in those cases in which there are unforeseen or extraordinary circumstances, or else, derived from the personalization of the acquired products, these will be delivered within the term indicated on the website through the shipping method selected by the user. In any case, the maximum delivery deadline will be 30 calendar days counted from the issuance of the purchase order. Similarly, home deliveries will be made on working days.
If for any reason, attributable to the owner, the date of delivery could not be met, the user will be contacted to inform them of this circumstance and they may choose to continue with the purchase, establishing a new date for delivery, or cancel the purchase order with the full refund of the amounts paid.
If it is impossible to make the delivery of the products purchased by the user's absence, these may be returned to the owner, or sent to the storage centers of the company responsible for delivery. In these circumstances, this situation must be recorded through a notice placed at the address indicated for delivery, indicating the way in which the purchased products may be sent again to the user, or the place where he/she can pick them up.
In cases where the user must collect the products purchased in a specific place, and more than 30 days have passed after the products purchased are available for delivery, and are not delivered for reasons beyond the owner's control, it will be understood that the user wishes to desist from the purchase order and it is canceled. As a result, the payments received from the user will be returned, except for the additional expenses that the owner has had to make. The maximum term to make this return will be 7 calendar days, from the date when the relationship is terminated.
In the cases of purchase or acquisition of goods, it will be understood that the delivery of the acquired products will be made at the moment in which the user or a third party authorized by it takes the material possession of said products, which will be accredited by the signature of reception of the order at the address indicated for delivery.
For the purposes of Article 2249 of the Federal Civil Code, it shall be understood that the purchase and sale is completed as soon as the purchase order is issued, so that from that moment on, the user will obtain ownership of the products purchased; however, the user will assume responsibility for the care of the products purchased, as well as the risks involved in their possession, use or storage as soon as they are delivered.
VI.USER RIGHTS.
In the cases in which the user acquired the products available through the website, all the rights that as a consumer have been established in their favor in the laws of the Mexican state, and specifically the following:
a) To know prior to the purchase and/or hiring, the total amount to be paid for the goods, products or service that are offered through the website.
b) In the cases in which the user acquires goods for human or animal consumption, prior to the purchase, the user will have the right to know the elements, substances or ingredients of which they are made or integrated, as well as: their properties, characteristics , expiration date, net content, weight or mass drained, warnings related to its consumption and conservation.
c) Without prejudice to the provisions of tax legislation, the user shall have the right to receive the invoice, receipt or voucher of the products purchased, these may be included or attached in the purchase order, and must contain the specific data of the acquisition, purchase, contracting or any operation made and that has generated a cost to the user.
d) In the cases in which the user acquires imported products, he will have the right to know the origin of the products, the places where they can be repaired, the instructions for their use in Spanish, and any applicable guarantees.
e) To ensure that the information provided is treated confidentially, so that it cannot be disseminated or transmitted to other suppliers or vendors outside the transaction, except by court order.
f) To know prior to the conclusion of the transaction, the physical address, telephone number and other information necessary to submit claims or request clarifications from the owner.
In the same way, the user will have the right to return the purchased products, within a period of 7 calendar days, from the date on which he received the goods or products. In these cases, the user only has the right to be reimbursed the cost of goods or products purchased, so he/she will not have the right to be reimbursed for the expenses that the owner has made to deliver these objects. The user may inform the owner of their intention to return the goods or products, by the means indicated in the preceding paragraph.
When the return involves sending the product to the owner, the user will assume the shipping costs. In addition, it will be responsible for the reduction of the value of the products acquired resulting from a manipulation different from that necessary to establish the nature, characteristics and operation of the goods or products acquired.
In personalized products, or those that may deteriorate or expire quickly, as well as optical media that store music or video without wrapping, and products that for reasons of hygiene or health are received sealed and said seal has been removed after the delivery, returns will not be accepted.
The user accepts that any return must be made using the original packaging, including the instructions and documents that accompany the goods or products, and must include a copy of the invoice, receipt or proof of purchase.
In the case of services, the user can not desist from their acquisition or contracting, when these have been completed, in any case, may claim only for a deficiency in the quality thereof. When these are still being made, the user can withdraw from them by paying 30% of the total cost, plus the expenses that the owner has made to carry out the user's requirements.
In the case of services that are accessed through a license or subscription, the user has the right to cancel them, covering only the total cost of the period in which the cancellation is made. It is up to the user to continue to receive the services until the date on which they have been paid for.
In any of the mentioned cases, the user must communicate his decision clearly and unequivocally.
On the other hand, in cases in which the user considers at the time of delivery, that the items he receives do not conform to the stipulations of the purchase order, he should contact the owner immediately, and let him know of the defect, or in its case, that it has received objects other than those requested, using the following e-mail address for this purpose: contacto@tammle.com
When the user receives products other than those requested, he must return the products he has received and the owner must send the products actually purchased by the user again. In these cases, all shipping or transportation costs will be borne by the owner.
When the user considers that he has received a defective product, the user will contact the owner through the means of contact indicated and will be informed of the manner in which the products will be returned, and once a review of them has been made, he will be informed within a reasonable period of time whether the refund, or if applicable, the return of the same. This period may not exceed 7 calendar days.
The refund or restitution of the product will be made as soon as possible and, in any case, within 15 days from the date on which the origin of the refund or restitution of the article is confirmed. In the cases in which the reimbursement is due for any defect of the product, the user will be reimbursed for all the expenses that he has made including the delivery costs and the expenses he has made to carry out the return.
The user will enjoy the guarantees that can be acquired or contracted through the website itself, on the products purchased, under the terms established by law for each type of product, the owner being liable for any defects in the products within the period established in the guarantee that may be purchased.
In these cases, he/she will be able to contact the brand or manufacturer of the product to exercise his/her rights during the time in which the guarantee is in force.
VII. EXCLUDING LIABILITY.
The user frees the owner of any responsibility in the following cases:
When there is a fault in the fulfillment of the obligations of the owner and this is generated by causes beyond the control of the owner either by fortuitous event or force majeure, or else, by the non-compliance of a third party on which the owner depends to be able to comply with the obligations under his charge.
When the faults mentioned in the previous paragraph generate a lost profit (in any modality included: loss of income or anticipated savings, additional expenses, or breach of the user's obligations with third parties) or any direct or indirect loss that has the user, provided this was not reasonably foreseeable by the parties at the time they acquired, purchased or contracted the purchased products, the owner will not be responsible for such losses.
The same shall apply when the aforementioned faults occur due to a breach by the company in charge of making the delivery, or when the same faults are derived from events such as those mentioned below: strikes, road closures, acts of vandalism, manifestations, and in general any activity outside the owner that delays delivery or causes damage or loss of the product. The foregoing will also apply when the acts mentioned generate a delay, suspension or malfunction of the services contracted.
In the cases mentioned, the obligations of the holder will be suspended during the period in which it is unable to fulfill its obligations and will have an extension in the term to fulfill them for a period of time equal to the duration of the cause that motivates the breach, plus the time that was originally granted to fulfill them. The owner will use all reasonable means to find a solution, or an alternative that allows him to fulfill his obligations despite the circumstances that affect him.
The owner will not be responsible either, when the breach in his obligations with the user is derived from a law, decree or administrative order, or by judicial mandate.
The owner is also not responsible for the misuse and/or deterioration of the products purchased that have been worn by the user. Also, when the user decides to return the products purchased, in no case will the owner be responsible for a wrong return made by the user. It is the responsibility of the user to return the correct product.
Similarly, there will be no liability for the owner when there are insignificant, minimal or imperceptible differences between the product received and the image that has been shown to promote the good or product.
VIII. NOTIFICATIONS AND COMMUNICATION BETWEEN THE PARTIES.
By using this website, the user accepts that most of the communications with the owner are electronic, that is, through email or notices published on the website.
The user can send notifications and/or communicate with the owner through the contact details indicated in these Conditions and, where appropriate, through the contact spaces that are enabled on the website.
Likewise, unless otherwise stated in the purchase order, or in the advertisements of the products, the owner may contact and/or notify the user in his email or directly at his address, if this has been provided.
IX. RESIGNATION AND NULLITY.
No waiver by the owner of a right or specific legal action in its favor shall entail the waiver of other rights or actions derived from a contract or these General Conditions, nor shall the user waive compliance with its obligations. In cases where the owner waives any of their rights or actions, they must do so in writing, specifically stating the right or action to be waived, and where appropriate indicating the terms for it to take effect.
Also, when the owner fails to make a requirement to the user regarding the fulfillment of their obligations. In no way can it be understood that said omission implies any waiver of the rights or actions that the owner has in his favor. Neither will it be understood that the user has complied with the obligations.
If any of the parts of these General Conditions were declared null or void by a final resolution issued by the competent authority, the rest of the clauses and content will remain in force, without being affected by said declaration of nullity.
X. INTEGRITY OF THE AGREEMENT.
The present General Conditions and any document to which express reference is made in these, as well as the images, and texts that are included in the description of the available products will constitute the entire agreement between the user and the owner in relation to the acquisition, purchase, contracting, or any legal act that they carry out; and it substitutes any other agreement, agreement or previous promise established orally or in writing by the same parties.
XI. DATA PROTECTION.
The information or personal data that the user provides to the owner in the course of a transaction on the website, will be treated in accordance with the provisions of data protection policies (which can be consulted in our privacy notice, available at the following electronic address: www.tammle.com/privacidad). By making use of the website, the user consents to the processing of said information, and declares that all the information or data provided is true.
XII. LEGISLATION AND APPLICABLE JURISDICTION.
The access, navigation and use of the website, as well as the acquisition, purchase and/or hiring of the products available through it, will be governed by the applicable laws in the Mexican state, specifically in Jalisco.
Any controversy, problem or disagreement related to the interpretation or application of these General Conditions will be submitted to the ordinary jurisdiction of the corresponding courts in accordance with the law in the place to which reference is made.
Last modified: 03/01/2019
Any person wishing to access or make use of the site or the services offered therein, may do so subject to these TERMS AND CONDITIONS, as well as policies and principles incorporated into this document. In any case, any person who does not accept these terms and conditions, should refrain from using the WEBSITE and/or acquire the products and services that may be offered.
I. ABOUT THE OBJECT.
The purpose of these TERMS AND CONDITIONS is to regulate the access and use of the WEBSITE, meaning any type of content, product or service that is available to the general public within the domain: www.tammle.com.
The OWNER reserves the right to modify at any time and without prior notice, the presentation, content, functionality, products, services, and configuration that may be contained in the WEBSITE; in this sense, the USER acknowledges and accepts that Tammlé at any time may interrupt, deactivate or cancel any of the elements that make up the WEBSITE or access to them.
Access to the WEBSITE by the USER is open and, as a general rule, free of charge, without the USER having to provide any compensation in order to enjoy it, except in relation to the cost of the internet connection provided by the provider of this type of service that the USER himself has contracted.
Access to part of the contents and services of the WEBSITE may be made prior subscription or prior registration of the USER.
The WEBSITE is directed exclusively to persons of legal age (over 18 years of age); in this sense, Tammlé declines any responsibility for failure to comply with this requirement.
The WEBSITE is directed mainly to USERS residing in the Mexican Republic, for which, Tammlé does not ensure that the WEBSITE complies fully or partially with the legislation of other countries, so that if the USER resides or has his address established in another country and decides to access or use the WEBSITE he will do so at his own risk and must ensure that such access and navigation complies with the local legislation that is applicable; Tammlé does not assume any liability that may arise from such an act.
It is made known to the USER that the OWNER may administer or manage the WEBSITE directly or through a third party, which does not modify in any way the provisions of these TERMS AND CONDITIONS.
II. FROM THE USER.
The access or use of the WEBSITE confers the condition of USER of the WEBSITE, therefore it will be subject to the present TERMS AND CONDITIONS, as well as to its subsequent modifications, without prejudice to the application of the applicable legislation, therefore, will be accepted from the moment the USER access the WEBSITE. Given the relevance of the above, it is recommended that the USER review the updates made to these TERMS AND CONDITIONS.
It is the responsibility of the USER to use the WEBSITE according to the form in which it was designed; in this sense, the use of any type of software that automates the interaction or download of the contents or services provided through the WEBSITE is prohibited. In addition, the USER agrees to use the information, content or services offered through the WEBSITE in a lawful manner, without contravening the provisions of these TERMS AND CONDITIONS, morality or public order, and shall refrain from performing any act that may imply an affectation to the rights of third parties, or in any way prejudice the operation of the WEBSITE.
Likewise, the USER undertakes to provide legal and truthful information in the forms provided on the WEBSITE, in which the user must provide certain data or information for access to any content, product or service offered by the WEBSITE itself. In any case, the USER will immediately notify the HOLDER of any fact that allows to suppose the improper use of the information registered in such forms, such as, theft, loss, or unauthorized access to accounts and/or passwords, with the order to proceed to its immediate cancellation.
The mere access to the WEBSITE does not imply the establishment of any kind of relationship between the OWNER and the USER.
Being a WEBSITE addressed exclusively to people who are of legal age, the USER declares to be of legal age and have the necessary legal capacity to abide by these TERMS AND CONDITIONS.
III. ACCESS AND NAVIGATION ON THE WEBSITE.
The OWNER does not guarantee in any way the continuity and availability of the contents, products or services offered through the WEBSITE, however, the OWNER will carry out the actions that, according to their possibilities, allow it to maintain the proper functioning of the WEBSITE, without this implying any responsibility on the part of Tammlé In the same way, Tammlé will not be responsible nor guarantees that the content or software that can be accessed through the WEBSITE is free of errors, malicious software, or that may cause any damage to software or hardware in the computer through which the USER access the WEBSITE.
The HOLDER is also not responsible for any damages that may arise from improper use of the WEBSITE. Under no circumstances will Tammlé will be liable for any loss, damage or injury of any kind arising from the sole access or use of the WEBSITE.
IV. PRIVACY POLICY AND DATA PROTECTION.
In accordance with the provisions of the Federal Law on the Protection of Personal Data in the Possession of Individuals, the HOLDER undertakes to adopt the necessary measures available to ensure the privacy of the personal data collected in such a way as to guarantee its security, prevent its alteration, loss or unauthorized processing.
In addition, in order to comply with the provisions of the Federal Law on Protection of Personal Data Held by Individuals, any personal data collected through the WEBSITE, will be treated in accordance with the principles of lawfulness, quality, purpose, loyalty, and responsibility. All processing of personal data will be subject to the consent of the OWNER. In any case, the use of financial or patrimonial data, will require the express authorization of the HOLDERS, however, this may be done through the WEBSITE itself using the mechanisms enabled for this purpose, and in any case the greatest diligence will be given. Beware of this type of data. The same shall apply in the case of sensitive personal data, taking into account by them those which, due to improper use, may give rise to discrimination or their disclosure may entail a risk for the data subject.
At all times, care will be taken to ensure that the personal data contained in any databases or files used are relevant, correct and up to date for the purposes for which they were collected. The processing of personal data will be limited to the fulfillment of the purposes set forth in the Privacy Notice, which will be available at the following e-mail address:
www.tammle.com/en/privacidad
The WEBSITE may include hyperlinks or links that allow access to websites of third parties other than Tammlé the owners of these websites will have their own privacy and data protection policies, for which Tammlé does not assume any responsibility for the data provided by the USER through any website other than www.tammle.com.
Tammlé reserves the right to modify its Privacy Policy, according to their needs or derived from any change in legislation. The access or use of the WEBSITE after these changes, will imply the acceptance of these changes.
On the other hand, access to the WEBSITE may involve the use of cookies, which are small amounts of information stored in the browser used by the USER. Cookies facilitate navigation, make it more friendly, and do not damage the navigation device, for this, they can collect information to access the WEBSITE, store the USER's preferences, as well as the interaction that it has with the WEBSITE, such as: the date and time in which the WEBSITE is accessed, the time that it has been used, the sites visited before and after it, the number of pages visited, the IP address of which the user accesses , the frequency of visits, etc.
This type of information will be used to improve the WEBSITE, detect errors, and possible needs that the USER may have, the above in order to offer USERS services and content of better quality. In any case, the information that is collected will be anonymous and will not identify individual users.
In case the USER does not want this type of information to be collected, he must disable, reject, restrict and/or eliminate the use of cookies in his internet browser. The procedures for performing these actions may differ from one browser to another; consequently, it is suggested to review the instructions provided by the browser developer. In the event that he rejects the use of cookies (totally or partially) the USER may continue to use the WEBSITE, although some of its functions may be disabled.
It is possible that in the future these policies regarding cookies change or update, so it is advisable to review the updates made to these TERMS AND CONDITIONS, in order to be adequately informed about how and why we use cookies that are generate when entering or making use of the WEBSITE.
V. LINK POLICY.
The WEBSITE may contain links, contents, services or functions, of other internet sites belonging to and/or managed by third parties, such as images, videos, comments, search engines, etc.
The use of these links, contents, services or functions is intended to improve the USER's experience when using the WEBSITE, without it being considered a suggestion, recommendation or invitation to make use of external sites. Tammlé in no case will it review or control the content of the external sites, likewise, does not own the products, services, content, and any other material on the linked sites; therefore, the availability, accuracy, veracity, validity or legality of the external sites that can be accessed through the WEBSITE will not be guaranteed either. Likewise, the OWNER assumes no responsibility for the damages that may be caused by the access or use of the contents, products or services available on websites not managed by Tammlé which can be accessed through the WEBSITE.
The USERS or third parties who make or publish a web link from an external website to this WEBSITE must take into account the following:
The reproduction (total or partial) of the contents, products or services available on the WEBSITE is not allowed without the express authorization of Tammlé or its holder. False, inaccurate or incorrect statements about the WEBSITE, its contents, products or services will not be allowed either, Tammlé being able to restrict access to the WEBSITE to any person who engages in such acts.
The establishment of a link to the WEBSITE from any external site, will not imply the existence of any relationship between Tammlé and the owner of the website from which it is made, nor will it imply the knowledge of Tammlé of the contents, products or services offered on the external sites from which the WEBSITE can be accessed.
VI. POLICY ON INTELLECTUAL AND INDUSTRIAL PROPERTY
Tammlé by itself or as a transferee, is the owner of all the intellectual and industrial property rights of the WEBSITE, understanding by this the source code that makes its operation possible as well as the images, audio or video files, logos, brands, combinations of colors, structures, designs and other elements that distinguish it. They will, therefore, be protected by Mexican legislation on intellectual and industrial property, as well as by applicable international treaties. Therefore, reproduction, distribution, or dissemination of the contents of the WEBSITE, for commercial purposes, in any medium and without any authorization by Tammlé is expressly prohibited.
The USER undertakes to respect the intellectual and industrial property rights of the OWNER. However, in addition to being able to visualize the elements of the WEBSITE, can print, copy or store them, as long as it is exclusively for its strictly personal use.
On the other hand, the USER will abstain from deleting, altering, or manipulating any element, file, or content of the WEBSITE, and will not, under any circumstances, carry out any acts tending to violate the security, files or databases that are protected, either through restricted access by means of a user and password, or because he does not have the permissions to view, edit or manipulate them.
In the event that the USER or any third party considers that any of the contents of the WEBSITE constitutes a violation of the rights of protection of industrial or intellectual property, it must be immediately notified to Tammlé through the contact information available on the WEBSITE itself and/or through the following email: contacto@tammle.com
VII. LEGISLATION AND APPLICABLE JURISDICTION.
Tammlé reserves the right to file civil or criminal actions deemed necessary for the improper use of the WEBSITE, its contents, products or services, or for the breach of these TERMS AND CONDITIONS.
The relationship between the USER and Tammlé will be governed by the legislation in force in Mexico, specifically in Jalisco. If any dispute arises in relation to the interpretation and/or application of these TERMS AND CONDITIONS, the parties will submit to the ordinary jurisdiction of the courts that correspond according to law in the state to which reference is made.
GENERAL CONDITIONS OF SALE
The website www.tammle.com allows its users to purchase various products and services in a reliable, secure and convenient manner. In order to provide our users with a comprehensive service in the acquisition and/or contracting processes through this website, users must adhere to and fully accept the terms and conditions established in these General Sales Conditions, in the event that such users do not agree in whole or in part with the provisions of these General Conditions, they must refrain from purchasing and/or contracting the products and services offered through this website. Given the importance of the above, the fact that the acquisition and/or contracting of products or services through this website implies the acceptance of these general conditions is highlighted.
I. DEFINITIONS.
Website. The website available through the domain www.tammle.com.
Product available. Individually, it will refer to all types of goods, as well as all types of services regardless of their nature that are available on the website for purchase, acquisition or contracting even for free. When referring to more than one available product, these will be referred to as "available products".
Product purchased. All kinds of good, as well as all types of services regardless of their nature, once they have been purchased, acquired or contracted by the users of the website. When referring to more than one product purchased, these will be referred to as "purchased products".
User. Any person independent of its nature that makes use of the website, especially if it purchases or acquires, intends to buy or acquire, contracts, or intends to contract the products available through the website.
Headline. The holder or owner of the website, which for all legal purposes is Tammlé, will be the only person who commercializes the products available on the website and can be contacted through the following email: contacto@tammle.com
Address of the owner. For all legal purposes, it will be understood that the owner's address is located in Jalisco specifically at: Calle Rio Zula #2682, colonia Jardines del Rosario, Zip Code 44890, Guadalajara, Jalisco.
Purchase order. Document generated on the website that will contain the set of products purchased by the user, and which the owner undertakes to deliver and/or carry out.
In case the user wishes to consult the terms and conditions that regulate the use of the website, he/she may do so by accessing the following electronic address: www.tammle.com/legal. Additionally, he or she may consult our privacy notice at the following e-mail address:
www.tammle.com/en/privacidad.
II. FROM THE USER.
For all legal purposes, the user will be considered a person with legal capacity to contract and be bound by the terms of this document, in this sense, every user of the website has the obligation to use the website in a responsible and correct manner, for which the user agrees to: Buy, acquire or contract the available products legally and, in case the user is aware of any circumstance that could legally affect the activity that is developed through the website, shall immediately inform the holder thereof.
Not to make any simulated or fraudulent purchase or acquisition. If it is found that the user has carried out any such activity, it may be cancelled and the corresponding authorities will be notified.
Provide truthful information, when it is required to contract, acquire or buy the available products, even for free.
The website is primarily aimed at users residing in the Mexican Republic, for this reason, Tammlé does not ensure that the website complies with the applicable legislation in other countries. In this regard, the owner declines any liability that may arise from the use of the website outside of the Mexican Republic.
Likewise, it is informed that these conditions may be modified at any time; therefore, the user is responsible for consulting the updates made to this document, however, in the case that the user purchases, acquires or contracts any of the products available on the website, those that are published at the time the contracting, acquisition or purchase is requested will apply.
III. PURCHASE OR ACQUISITION PROCESS.
The users will be able to buy, acquire and/or contract the products available on the website, for which they will have to follow the procedures enabled for it, provide the data requested and, if necessary, make the corresponding payment.
Once the user completes the purchase and/or contracting procedure, he/she will be able to obtain the purchase order, said document will specify the products purchased, that is, the goods and/or services that have been purchased, acquired and/or contracted by the user.
The purchase order must include, among other things, the date on which the products will be delivered, the services performed or the service that will be provided to the user. In the event that there is a breach by the owner, or the product purchased is not available, the user must report it to the owner so that it takes the measures it deems pertinent to meet the user's requirements, or if necessary the return of the payment that has been received, said reports must be presented through the following mail: contacto@tammle.com.
The owner may send the purchase order to the user, as well as the invoice thereof, as long as the user has provided the necessary data to do so.
If the user considers it pertinent to clarify his/her data or the products purchased, he/she may do so through the following e-mail address: contacto@tammle.com
Depending on their nature, some of the products available may require the acceptance of specific conditions for purchase, acquisition or contracting, these will be available for each product or category of products in particular, and may be consulted by the user in all moment at: www.tammle.com/atencion-al-cliente
Unless expressly stated otherwise, the owner is not the manufacturer of the products available on the website, therefore, the user must not only consider the information provided on the website, but must also attend to the information, instructions and warnings included in the labeling, manuals and descriptions that accompany the products purchased.
All activity carried out through the website may be registered and/or stored by the owner exclusively for the following purposes:
1.- Keep a record of purchase orders and payments made through the website for quality purposes in the service and customer service.
2.- To constitute a means of proof of the operations carried out on the website, for any legal matter of its competence or interest.
3.- Improve the services provided through the website, among other things, to make the user interface more user-friendly, facilitate the acquisition and/or hiring of the available products, as well as to make recommendations to the user based on their preferences.
In any case the provisions regarding the protection of personal data will be taken care of, and any doubt or clarification that may be had in relation to this point, or to the exercise of the rights established in favor of the user in the matter of protection of personal data, may be consulted in our privacy notice, which, as mentioned, can be consulted at www.tammle.com/privacidad
IV. PRICES AND FORMS OF PAYMENT.
The prices displayed on the website are the final ones and include taxes, and will be presented in Mexican pesos, unless a different issue is indicated and applied by legal requirement.
Unless a different issue is indicated promptly, the prices of the available products do not include shipping costs, so the shipping cost may be added to the total amount in case it is managed by the owner, or it may be covered by the user directly if said option is available, in this case, he will consult the available forms and shipping costs and freely choose the one that he considers most appropriate to his needs.
Under no circumstances will additional products or services be added automatically, the user will only cover the cost of the purchased products, and, in the event that an additional charge will be made, they must reported to the owner immediately through the following email: contacto@tammle.com
The prices shown may be modified at any time by the owner, however, the changes that come to be made will not affect in any way the orders, purchases or contracts for which the user has obtained the purchase order.
Payments will be accepted through:
- Credit card
- Debit
- PayPal
Any payment that is made will be subject to verification, therefore, the purchase order will be generated once the funds (regardless of the means of payment that have been used) are available to the owner, or, it is verified that the payment has been authorized by the financial institution or payment operator. The owner assumes no responsibility for rejections or delays in authorizations for payment by financial institutions or payment operators. In these cases, purchases may be canceled unilaterally by the owner reimbursing the user the amounts that have been paid in his case; likewise, in the cases mentioned, the shipment or delivery of the purchased products may be suspended or delayed without any liability for the holder until the corresponding payments are made.
The user consents that the charges may be made at the time of the request of the available products, that is, prior to the receipt of the goods, products or services that he acquires, buys or contracts.
V. DELIVERY.
In the cases in which the physical delivery of the purchased products is carried out, these will be carried out within the following territory: throughout the Mexican Republic.
Except in those cases in which there are unforeseen or extraordinary circumstances, or else, derived from the personalization of the acquired products, these will be delivered within the term indicated on the website through the shipping method selected by the user. In any case, the maximum delivery deadline will be 30 calendar days counted from the issuance of the purchase order. Similarly, home deliveries will be made on working days.
If for any reason, attributable to the owner, the date of delivery could not be met, the user will be contacted to inform them of this circumstance and they may choose to continue with the purchase, establishing a new date for delivery, or cancel the purchase order with the full refund of the amounts paid.
If it is impossible to make the delivery of the products purchased by the user's absence, these may be returned to the owner, or sent to the storage centers of the company responsible for delivery. In these circumstances, this situation must be recorded through a notice placed at the address indicated for delivery, indicating the way in which the purchased products may be sent again to the user, or the place where he/she can pick them up.
In cases where the user must collect the products purchased in a specific place, and more than 30 days have passed after the products purchased are available for delivery, and are not delivered for reasons beyond the owner's control, it will be understood that the user wishes to desist from the purchase order and it is canceled. As a result, the payments received from the user will be returned, except for the additional expenses that the owner has had to make. The maximum term to make this return will be 7 calendar days, from the date when the relationship is terminated.
In the cases of purchase or acquisition of goods, it will be understood that the delivery of the acquired products will be made at the moment in which the user or a third party authorized by it takes the material possession of said products, which will be accredited by the signature of reception of the order at the address indicated for delivery.
For the purposes of Article 2249 of the Federal Civil Code, it shall be understood that the purchase and sale is completed as soon as the purchase order is issued, so that from that moment on, the user will obtain ownership of the products purchased; however, the user will assume responsibility for the care of the products purchased, as well as the risks involved in their possession, use or storage as soon as they are delivered.
VI.USER RIGHTS.
In the cases in which the user acquired the products available through the website, all the rights that as a consumer have been established in their favor in the laws of the Mexican state, and specifically the following:
a) To know prior to the purchase and/or hiring, the total amount to be paid for the goods, products or service that are offered through the website.
b) In the cases in which the user acquires goods for human or animal consumption, prior to the purchase, the user will have the right to know the elements, substances or ingredients of which they are made or integrated, as well as: their properties, characteristics , expiration date, net content, weight or mass drained, warnings related to its consumption and conservation.
c) Without prejudice to the provisions of tax legislation, the user shall have the right to receive the invoice, receipt or voucher of the products purchased, these may be included or attached in the purchase order, and must contain the specific data of the acquisition, purchase, contracting or any operation made and that has generated a cost to the user.
d) In the cases in which the user acquires imported products, he will have the right to know the origin of the products, the places where they can be repaired, the instructions for their use in Spanish, and any applicable guarantees.
e) To ensure that the information provided is treated confidentially, so that it cannot be disseminated or transmitted to other suppliers or vendors outside the transaction, except by court order.
f) To know prior to the conclusion of the transaction, the physical address, telephone number and other information necessary to submit claims or request clarifications from the owner.
In the same way, the user will have the right to return the purchased products, within a period of 7 calendar days, from the date on which he received the goods or products. In these cases, the user only has the right to be reimbursed the cost of goods or products purchased, so he/she will not have the right to be reimbursed for the expenses that the owner has made to deliver these objects. The user may inform the owner of their intention to return the goods or products, by the means indicated in the preceding paragraph.
When the return involves sending the product to the owner, the user will assume the shipping costs. In addition, it will be responsible for the reduction of the value of the products acquired resulting from a manipulation different from that necessary to establish the nature, characteristics and operation of the goods or products acquired.
In personalized products, or those that may deteriorate or expire quickly, as well as optical media that store music or video without wrapping, and products that for reasons of hygiene or health are received sealed and said seal has been removed after the delivery, returns will not be accepted.
The user accepts that any return must be made using the original packaging, including the instructions and documents that accompany the goods or products, and must include a copy of the invoice, receipt or proof of purchase.
In the case of services, the user can not desist from their acquisition or contracting, when these have been completed, in any case, may claim only for a deficiency in the quality thereof. When these are still being made, the user can withdraw from them by paying 30% of the total cost, plus the expenses that the owner has made to carry out the user's requirements.
In the case of services that are accessed through a license or subscription, the user has the right to cancel them, covering only the total cost of the period in which the cancellation is made. It is up to the user to continue to receive the services until the date on which they have been paid for.
In any of the mentioned cases, the user must communicate his decision clearly and unequivocally.
On the other hand, in cases in which the user considers at the time of delivery, that the items he receives do not conform to the stipulations of the purchase order, he should contact the owner immediately, and let him know of the defect, or in its case, that it has received objects other than those requested, using the following e-mail address for this purpose: contacto@tammle.com
When the user receives products other than those requested, he must return the products he has received and the owner must send the products actually purchased by the user again. In these cases, all shipping or transportation costs will be borne by the owner.
When the user considers that he has received a defective product, the user will contact the owner through the means of contact indicated and will be informed of the manner in which the products will be returned, and once a review of them has been made, he will be informed within a reasonable period of time whether the refund, or if applicable, the return of the same. This period may not exceed 7 calendar days.
The refund or restitution of the product will be made as soon as possible and, in any case, within 15 days from the date on which the origin of the refund or restitution of the article is confirmed. In the cases in which the reimbursement is due for any defect of the product, the user will be reimbursed for all the expenses that he has made including the delivery costs and the expenses he has made to carry out the return.
The user will enjoy the guarantees that can be acquired or contracted through the website itself, on the products purchased, under the terms established by law for each type of product, the owner being liable for any defects in the products within the period established in the guarantee that may be purchased.
In these cases, he/she will be able to contact the brand or manufacturer of the product to exercise his/her rights during the time in which the guarantee is in force.
VII. EXCLUDING LIABILITY.
The user frees the owner of any responsibility in the following cases:
When there is a fault in the fulfillment of the obligations of the owner and this is generated by causes beyond the control of the owner either by fortuitous event or force majeure, or else, by the non-compliance of a third party on which the owner depends to be able to comply with the obligations under his charge.
When the faults mentioned in the previous paragraph generate a lost profit (in any modality included: loss of income or anticipated savings, additional expenses, or breach of the user's obligations with third parties) or any direct or indirect loss that has the user, provided this was not reasonably foreseeable by the parties at the time they acquired, purchased or contracted the purchased products, the owner will not be responsible for such losses.
The same shall apply when the aforementioned faults occur due to a breach by the company in charge of making the delivery, or when the same faults are derived from events such as those mentioned below: strikes, road closures, acts of vandalism, manifestations, and in general any activity outside the owner that delays delivery or causes damage or loss of the product. The foregoing will also apply when the acts mentioned generate a delay, suspension or malfunction of the services contracted.
In the cases mentioned, the obligations of the holder will be suspended during the period in which it is unable to fulfill its obligations and will have an extension in the term to fulfill them for a period of time equal to the duration of the cause that motivates the breach, plus the time that was originally granted to fulfill them. The owner will use all reasonable means to find a solution, or an alternative that allows him to fulfill his obligations despite the circumstances that affect him.
The owner will not be responsible either, when the breach in his obligations with the user is derived from a law, decree or administrative order, or by judicial mandate.
The owner is also not responsible for the misuse and/or deterioration of the products purchased that have been worn by the user. Also, when the user decides to return the products purchased, in no case will the owner be responsible for a wrong return made by the user. It is the responsibility of the user to return the correct product.
Similarly, there will be no liability for the owner when there are insignificant, minimal or imperceptible differences between the product received and the image that has been shown to promote the good or product.
VIII. NOTIFICATIONS AND COMMUNICATION BETWEEN THE PARTIES.
By using this website, the user accepts that most of the communications with the owner are electronic, that is, through email or notices published on the website.
The user can send notifications and/or communicate with the owner through the contact details indicated in these Conditions and, where appropriate, through the contact spaces that are enabled on the website.
Likewise, unless otherwise stated in the purchase order, or in the advertisements of the products, the owner may contact and/or notify the user in his email or directly at his address, if this has been provided.
IX. RESIGNATION AND NULLITY.
No waiver by the owner of a right or specific legal action in its favor shall entail the waiver of other rights or actions derived from a contract or these General Conditions, nor shall the user waive compliance with its obligations. In cases where the owner waives any of their rights or actions, they must do so in writing, specifically stating the right or action to be waived, and where appropriate indicating the terms for it to take effect.
Also, when the owner fails to make a requirement to the user regarding the fulfillment of their obligations. In no way can it be understood that said omission implies any waiver of the rights or actions that the owner has in his favor. Neither will it be understood that the user has complied with the obligations.
If any of the parts of these General Conditions were declared null or void by a final resolution issued by the competent authority, the rest of the clauses and content will remain in force, without being affected by said declaration of nullity.
X. INTEGRITY OF THE AGREEMENT.
The present General Conditions and any document to which express reference is made in these, as well as the images, and texts that are included in the description of the available products will constitute the entire agreement between the user and the owner in relation to the acquisition, purchase, contracting, or any legal act that they carry out; and it substitutes any other agreement, agreement or previous promise established orally or in writing by the same parties.
XI. DATA PROTECTION.
The information or personal data that the user provides to the owner in the course of a transaction on the website, will be treated in accordance with the provisions of data protection policies (which can be consulted in our privacy notice, available at the following electronic address: www.tammle.com/privacidad). By making use of the website, the user consents to the processing of said information, and declares that all the information or data provided is true.
XII. LEGISLATION AND APPLICABLE JURISDICTION.
The access, navigation and use of the website, as well as the acquisition, purchase and/or hiring of the products available through it, will be governed by the applicable laws in the Mexican state, specifically in Jalisco.
Any controversy, problem or disagreement related to the interpretation or application of these General Conditions will be submitted to the ordinary jurisdiction of the corresponding courts in accordance with the law in the place to which reference is made.
Last modified: 03/01/2019