Introduction
Welcome to the perlaarroyo.com website (“WEBSITE”), these sites are owned by Perla Arroyo (collectively and together with its affiliates “Perla Arroyo”) (referring all the time to these sites as perlaarroyo.com offers website features and marketing products and services (“Perla Arroyo SERVICES”). Please review the following TERMS AND CONDITIONS governing the use of the perlaarroyo.com website. By favoring us with your purchase, it means that you have read, understood and accept in its entirety the TERMS AND CONDITIONS of the same. The Terms of Use were last updated on August 21, 2023.
Perla Arroyo, reserves the right to change, modify, add or remove portions of these terms and conditions of use at any time, the changes will be effective when published on the site perlaarroyo.com, please periodically review the updates to these terms and conditions of use, as you will have to accept the changes made to continue accessing the platform and continue buying products.
Privacy
Please review our Privacy Notice that also governs your use of the Perla Arroyo SERVICES to understand our practices.
Electronic communications
Whenever you use the Perla Arroyo SERVICES or send us email, text messages and other communications on any device, you are communicating electronically with us. You consent to receive communications from us electronically in a variety of ways, for example through the following types of data messages: email, text messages, or through notices and messages posted on this website or through the other Perla Arroyo SERVICES. You agree that all agreements, notices, messages, and other notices and communications that we send to you electronically satisfy any legal requirement that they be in writing and are given full legal effect and validity.
Modality of SERVICES Perla Arroyo.
The modality of the WEBSITE is Marketplace, that is to say, it is an online shopping website, through which various manufacturers, artists and distributors, hereinafter “sellers” offer their products for sale through the WEBSITE, so that you can buy or order certain goods or services. Please take into consideration that through the Marketplace modality, all transactions that you carry out are solely and exclusively between you and the approved sellers, therefore, you are kindly invited to review the following TERMS AND CONDITIONS.<
Your Account.
You may be required to create your own Perla Arroyo account, log in to your Perla Arroyo account and have a valid payment method associated with your account in order to use certain Perla Arroyo SERVICES. In the event of a problem with your selected payment method, we may charge any other valid payment method associated with your account. When you use the Perla Arroyo SERVICES you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer and other devices, and you assume responsibility for any activities that occur under your account or using your password. Perla Arroyo reserves the right to terminate accounts, remove or edit content, cancel orders in case of violation of these Terms of Use or any policies, terms and conditions of Perla Arroyo, rights of third parties or commission of a criminal offense or any conduct that damages Perla Arroyo’s reputation or customer experience.
Use of the Site.
The contents and services offered by our sites are reserved and directed only to an audience over 18 years of age. It is the responsibility of parents or guardians to supervise the conduct of minors who enter the WEBSITE.
The WEBSITE may cancel or restrict your account if any improper use of the site and the services offered therein is detected, understanding as improper use, by way of example, but not limited to, the following assumptions:
Use the WEBSITE to resell products and any other commercial use.
The use of automated mechanisms or tools or similar technology whose purpose is to extract, obtain or collect, directly or indirectly, any information contained in the WEBSITE.
Any attempt to modify, adapt, translate, or convert the formats or software of the WEBSITE or its contents.
Use HTML codes made available to a third party.
Collect and use product descriptions.
Copy, imitate, replicate for use on mirror servers, reproduce, distribute, publish, download, display or transmit any content of the WEBSITE (including trademarks) in any form or by any means; this restriction includes, but is not limited to the following means: electronic, mechanical, photocopying, recording or any other means.
Accessing data not intended for the user or logging into a server or account that the user is not authorized to access.
Attempt to interfere with service to any user, host or network, including, without limitation, through the delivery of viruses to the WEBSITE, overloading, flooding, spamming, mail bombing or failures.
Send unsolicited mail, including promotions and/or advertising of products or services.
Forge any TCP/IP header or any part of the header information in any email or newsgroup.
Attempting or engaging in fraudulent activities including, but not limited to, the falsification of identities or forms of payment.
All registration and billing information provided must be true and accurate.
Providing any false or inaccurate information constitutes a breach of these TERMS AND CONDITIONS.
By confirming your purchase and finalizing the payment process, you agree to accept and pay for the items ordered, as well as the billing information provided to the WEBSITE.
Violations of the security system or network may result in civil or criminal liability. Perla Arroyo will investigate occurrences that may involve such violations, as well as cooperate with authorities in prosecuting users who violate such violations. By using the WEBSITE, you agree not to use any device or software to interfere or attempt to interfere with the proper use of the WEBSITE or any activity conducted on the WEBSITE. You agree on the WEBSITE not to use or attempt to use any machine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search these sites other than the search engine and search agents available from Perla Arroyo on this site and other third party browsers that are generally available (e.g., Google, Crome or Microsoft Explorer).
In case of any complaint or clarification regarding the use of the WEBSITE and its TERMS AND CONDITIONS, please contact Perla Arroyo via e-mail to the Perla Arroyo web user service area at contact@calaveramexicana.mx.
Information on Prices, Products and Contents.
The information of the products advertised on the WEBSITE is accurate and attached to the characteristics of the same, this same quality is offered by the “sellers”; however, if by a manufacturer’s error, the item contains any feature other than what is advertised, you can return it, delivering its original packaging and accessories within the period established in the Returns section. We accurately display the colors that appear on our products on the WEBSITE. However, the actual colors you see will depend on your monitor, we cannot guarantee that any of the colors displayed on your monitor are accurate, we remind you that the images or photographs provided to us by suppliers, as well as those of authorized sellers, are for illustrative purposes only and are provided to you as a guide. We recommend that you always check the purchase conditions before placing your order, in order to make sure of the terms, conditions and restrictions that may apply to each product.
All product prices do NOT include VAT and other taxes that may apply.
The foregoing, regardless of any shipping costs that may or may not be incurred. These amounts will be indicated to you before placing your order, so that you will be able to accept them.
The format in which prices are displayed within the WEBSITE may be modified by browser versions, operating systems or devices for Internet browsing, so there may be variations in terms of the use of various devices.
In view of the foregoing, the usual format in which prices are presented is as follows:
Correct format: $0,000.00
If the configuration of the browser or device used to view the page will affect this format, it may appear as follows: Inaccurate formatting: $0.000.00
This type of formatting is inaccurate because thousands and thousands are usually separated by commas, and the configuration of the browser or navigation device may change them to periods.
If there is any inconsistency or failure at the time of publishing the prices in the portal, you will be informed of this situation, so that you can confirm if you still wish to purchase the product or services, or cancel the order and return the amount paid. If you have not completed your purchase, you will be notified of the change in price and availability when you enter the shopping cart.
When using the WEB SITE the menu and prices shown must be under the Spanish language configuration. By changing the configuration to another language, the menu, categories and prices displayed on the site on the devices will be invalidated.
Warranties.
Perla Arroyo ensures that the items she sells are backed by the manufacturer’s warranty, which always complies with the provisions and terms established in the Federal Consumer Protection Law. The warranty will be delivered with your product where the conditions and mechanisms to make them effective will be established.
The fulfillment of the warranties will be provided directly by the authorized “sellers”, the validity of such warranties is referred to in the description of each product being issued and validated by the “sellers”, so Perla Arroyo, assumes no responsibility for such warranties and the customer is obliged to contact the seller directly to make it effective. However, it will take the necessary actions to provide customers, upon request, with the contact information to validate the respective guarantees, if necessary.
Quantity and Availability Limits.
We inform you that, in order to benefit a larger number of customers, the sale of some high demand items may be limited to certain pieces, this situation will be communicated to you before you place your order and make your purchase.
Items are subject to availability, which the Customer must verify before processing payment. With the intention of validating the existence of the items and in case they are not available, the system will show the following legend “No products available”.
Order Acceptance.
Once you place your order you will be sent to your email the “order number” and details of the product(s), this does not mean that the payment has been processed or authorized by the bank or payment methods you chose, nor that the order has been confirmed. If the payment is authorized or authenticated we will send you another email with the order confirmation and purchase details. Once you place your order, start the purchase process, if in 24 business hours you have not received the purchase confirmation email, you must log in to our website, access your account (if you are registered) or call our call center and check the status of your order.
If for any reason your bank determines that it is not possible to complete the transaction and your card has already been charged, a refund will be issued for the same amount and form of payment. If you require additional information to accept your order, we will contact you by phone within 24 to 48 business hours after your purchase.
Total delivery time for an order.
The total delivery time of your order is the period of time from the time you place your order to the time you receive it. An order consists of two parts: processing time and shipping time. The processing time of a product is the time in which your purchase order is generated, processed and leaves the warehouse. The shipping time runs from the time your product leaves the warehouse to arrive at the delivery address indicated in your purchase order. Check delivery times in the corresponding section.
The shipment of the products will be made through parcel service, the delivery time will be determined by the applicable parcel service. Every time you make a purchase, you will immediately know the shipping cost of the item you have chosen. For cases where your order cannot be delivered (“delivery exception”) we will make three attempts at the address registered in your order, if unsuccessful, you will be notified via email. Once received, you will have 15 calendar days to inform us of your wishes regarding the delivery of these items. If we do not receive your response and once this time has elapsed, the order will be cancelled and the refund will be made in accordance with the terms and conditions.
The delivery in buildings is only on the first floor and reception, for your safety and the safety of your items will not be delivered on any other level.
You will be able to track your order by e-mail.
Returns.
Only returns due to damage or poor condition at the time of receipt will be accepted, which must be made known immediately to Perla Arroyo by sending the following email to contact@calaveramexicana.mx photographic evidence. We recommend that you keep the original packaging during this period of time so that you can deliver your items in it if necessary.
We do not accept returns of items: Incorrectly installed or damaged due to improper handling or use (in accordance with the recommendations indicated in the manufacturer’s instructions); That have been personalized (engraved, decorated, with personal passwords, etc.).
Replacement, Repair and/or refund in kind: Upon receipt of the damaged product, Perla Arroyo may elect to replace, repair or refund the full amount paid in kind for the purchase of other goods and services from Perla Arroyo. In any case, Perla Arroyo will comply with this obligation in accordance with the return policies that are applicable and informed at the time of receiving the return request.
Cancellations.
Your order begins to be processed immediately after you click on “Checkout” in the “Review and Pay” section. Once the order is confirmed by our system, it cannot be cancelled and must be processed as a return. To make a return of your order, please write to the following email facturacion@perlaarroyo.com and request it, you must have your order number and in case of a partial cancellation, the detail of the items to be canceled.
The refund will be made with the same payment method of your order and will take 7 to 10 business days after confirmation of acceptance of the cancellation. If at the time of delivery you are unable to inspect the product and subsequently find defects in your product, it will be necessary to write to the following email facturacion@perlaarroyo.com within 24 hours of delivery of the product.
Unauthorized use of the WEBSITE account…
For your security, we provide you with a service in which you must notify us of any unauthorized use of your account or password. Therefore, we remind you that as the user and/or account holder, you are solely responsible for maintaining the confidentiality of your password and other secure account identifiers.
Means of contact to report unauthorized use of the account to the following e-mail contact@calaveramexicana.mx
Safety measures.
In our sites we offer security and confidentiality to your information because we have a secure server under the SSL protocol (Secure Socket Layer) of 128 bits, so that the information sent is transmitted encrypted to ensure their protection. To verify that you are in a protected environment, make sure that an “S” appears in the navigation bar (“https”://).
Miscellaneous.
Intellectual Property. All content and materials on the WEBSITE, including images, illustrations, designs, icons, photographs and text, trademarks, combination of distinctive signs, operational and image elements and/or any other intellectual property rights are owned and used exclusively by Perla Arroyo.
Such content and materials owned by Perla Arroyo and/or licensed in favor of Perla Arroyo, one of its affiliates or by third parties such as sellers who have licensed their materials to Perla Arroyo, are protected by Mexican law and applicable international intellectual property treaties. The compilation (meaning the mutilation, collection, arrangement, assembly of the whole or in parts) of the content on this WEBSITE is exclusive to Perla Arroyo.
Access to the WEBSITE does not grant and may not be considered as a license and/or authorization of any kind with respect to the intellectual property rights of which Perla Arroyo is the owner or licensee. The Perla Arroyo names and logos, all related product and service names, design marks and trade dress are registered trademarks in the name of Perla Arroyo, all of which are licensed to Perla Arroyo. All other trademarks are the property of their respective companies. No trademark license is granted in connection with the materials contained on the WEBSITE. Access to the WEBSITE does not authorize anyone to use any name, logo or trademark in any form.
Reviews, Suggestions and Comments. For all, reviews, comments, opinions, feedback, postcards, suggestions, ideas and other communications posted, submitted or offered to Perla Arroyo on or through the WEBSITE, via email or telephone, or otherwise published, submitted or offered in connection with your use of the WEBSITE you grant Perla Arroyo the irrevocable, non-transferable right to use the comments, reviews or suggestions free of charge. Perla Arroyo shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments made without restriction and without compensation. Perla Arroyo is not and shall not be under any obligation to (1) keep any comments confidential; (2) pay the user any compensation for any comments;. Likewise, the user agrees that any comment on the WEBSITE will not violate these terms of use or violate in any way the rights of third parties, including but not limited to copyright, image, trademarks, trade secrets, privacy or other (s) right (s) personal (s) or patrimonial (s), and that does not cause damage to any person or entity. In addition, you agree that any comments you make on the site will not be or contain libelous or defamatory, threatening, abusive, obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Perla Arroyo does not regularly review posted comments, but reserves the right (but not the obligation) to monitor and edit or remove any comments submitted to the site when they contain an improper or unlawful character. You grant Perla Arroyo the right to use the name that you submit in connection with any comment and agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any comment that you submit. You are and shall remain solely responsible for the content of any comment(s) you make and agree to indemnify Perla Arroyo and its affiliates for all claims arising from any comment(s) you submit. Perla Arroyo and its affiliates take no responsibility and assume no liability for any of the comments submitted by the user or any third party.
Specific conditions for the sale of art. Dear Customer: (a) the certificate of authenticity will be sent to the customer by email upon completion of payment for the item; it will be released and shipped by the manufacturer; (b) deliveries within Mexico City are free of charge; (c) in accordance with the Federal Law for the Prevention and Identification of Operations with Illicit Proceeds, the sale of works for an amount greater than $209,380.00 pesos individually and those for an amount greater than $418,327.00 per semester accumulation of two or more operations with the same client in order to continue with the purchase it will be necessary to provide us with the information and documentation specified in the following email: contact@calaveramexicana.mx
Billing.
Perla Arroyo accepts the following forms of payment:
. Debit Card (TDD) (Visa, Mastercard, American Express)
. Credit Card (TDC) (Visa, Mastercard, American Express)
. Paypal (Does not apply for interest free months, MSI)
. BANK TRANSFER
Since the products displayed on the WEBSITE are sold, offered and guaranteed by third parties, the invoice must be requested at the time of purchase and will be issued directly by the authorized “sellers”, which must comply with all applicable regulations.
It is important that the invoice request is made at the time the purchase is made or during the current month, after this period it cannot be issued by the “sellers”. Therefore, we suggest you request it during the confirmation of your purchase.
Disclaimer of warranties and limitation of liability.
THE Perla Arroyo SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND ALL OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH THE Perla Arroyo SERVICES ARE PROVIDED BY Perla Arroyo ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Perla Arroyo MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE Perla Arroyo SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE FROM Perla Arroyo, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH THE Perla Arroyo SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF Perla Arroyo’S SERVICES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Perla Arroyo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Perla Arroyo MAKES NO REPRESENTATIONS THAT THE Perla Arroyo SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH THE Perla Arroyo SERVICES, Perla Arroyo SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY Perla Arroyo ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Perla Arroyo WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF ANY Perla Arroyo SERVICE, OR FOR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH THE Perla Arroyo SERVICES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SOME LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. RELEASES, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Controversies.
Any dispute or claim relating to the use of the Perla Arroyo SERVICES, products or services sold or distributed by Perla Arroyo or through the WEBSITE will be submitted and resolved at your option, either through the administrative jurisdiction of the Procuraduría Federal del Consumidor (“PROFECO”) or through binding arbitration conducted by the Mediation and Arbitration Commission of the National Chamber of Commerce (“CANACO”) and you and we hereby waive any other jurisdiction that may apply by reason of domicile or otherwise. You and we agree that either you or we may bring an action in the appropriate courts to prevent infringement or misuse of intellectual property rights.
To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to the attention of: Attn: Perla Arroyo Web User Service Area at contact@calaveramexicana.mx. The arbitration will be administered by CANACO under its rules. CANACO rules are available at www.arbitrajecanaco.com by phone at 3685-22269, ext. 1309 or 1310. Payment of all filing fees, administrative and arbitrator fees will be governed by CANACO rules. You may choose to have the arbitration conducted exclusively by telephone or based solely on the submission of written arguments and evidence; however, in all cases, the place of arbitration shall be Mexico City, Mexico. The arbitration shall be conducted in Spanish by a single arbitrator and the applicable laws shall be those of Mexico. We agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.
