Welcome to Cacho Mex Candy Inc.’s website. Please review the following terms and conditions that govern your use of our Site (the "Agreement"). We may, without prior notice and at any time, change the terms that govern your use of our Site. Your use of our Site following any such changes constitutes your agreement to follow and be bound by the terms as changed.
SITE CONTENTS & USE
Unless otherwise noted, all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Cacho Mex Candy Inc. The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
As a condition of your use of this Site, you warrant to Cacho Mex Candy Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Cacho Mex Candy Inc. reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that Cacho Mex Candy Inc. is not responsible for third party access to your account. Cacho Mex Candy Inc. reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
RIGHT TO CHANGE SITE
Cacho Mex Candy Inc. may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You agree we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
All comments, feedback, notes, messages, ideas, suggestions or other communications submitted or offered to Cacho Mex Candy Inc. through this Site or offered in connection with your use of this Site whether disclosed online, by email, by post mail or otherwise (collectively, "Comments") shall be and remain the exclusive property of Cacho Mex Candy Inc. Your submission of any such Comments shall constitute an assignment to Cacho Mex Candy Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Cacho Mex Candy Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us. Cacho Mex Candy Inc. has the right but not the obligation to monitor and edit or remove any Comments. You agree your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Cacho Mex Candy Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Cacho Mex Candy Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
AVAILABILITY, ERRORS & INACURRACIES
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Products displayed may be out-of-stock or discontinued, and prices are subject to change. We apologize for any inconvenience this may cause you.
Cacho Mex Candy Inc. strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, Cacho Mex Candy Inc. cannot guarantee that your monitor’s display of any color will be accurate.
RISK OF LOSS
The risk of loss and title to products purchased on the Site pass to you upon Cacho Mex Candy Inc.’s delivery to the carrier.
LINKS TO OTHER WEBSITES & SERVICES
The Site may contain links to websites of third parties, outside services and resources, the availability and content of which Cacho Mex Candy Inc. does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Cacho Mex Candy Inc. has no responsibility for the linked sites nor does linking constitute an endorsement of any kind. Links are provided solely for the convenience and information of the Site’s users and your use of third party sites is at your own risk.
Please review our Privacy Notice, which also governs your use of Cacho Mex Candy Inc. Services, to understand our practices.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CACHO MEX CANDY INC EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE, ALTHOUGH CANDYWAREHOUSE MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. CACHO MEX CANDY INC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
As a condition of your use of the Site, you agree to defend, indemnify and hold Cacho Mex Candy Inc., and its respective employees, directors, officers, agents, vendors and suppliers harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site including without limitation any Comments submitted by you and/or your breach of any representation, warranty, or other provision of the Agreement.
DESCRIPTION OF PRODUCTS
The “Products” include all candy products and other goods offered for sale and/or sold on the Site. Cacho Mex Candy Inc. attempts to be as accurate as possible in its product descriptions. However, Cacho Mex Candy Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. All sales of Products are governed by our Shipping/Returns Policy. By purchasing Products from mymexicancandy.com, you agree to our Shipping/Returns Policy.
This Site is operated by Cacho Mex Candy Inc. from its offices in Chula Vista, California. This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of San Diego.
ONLINE PAYMENTS TERMS AND CONDITIONS
Please read these terms carefully before using the online payments facility. Using the online payments facility on this website indicates that you accept these terms. If you do not accept these terms do not use this facility.
These terms and conditions apply to all online payments made to Cacho Mex Candy Inc.
All payments are subject to the following conditions:
Your payment will take a minimum of 2 working days to reach your account. (This includes time to verify your credit/debit card details with your credit/debit card supplier and for payment to be notified to mymexicandy.com) If your payment is overdue and recovery action is about to be taken, you should contact the relevant department.
We cannot accept liability for a payment not reaching the intended account due to a customer quoting an incorrect account number.
Neither can we accept liability if payment is refused or declined by the credit/debit card supplier (due to the customer quoting incorrect card details or other reasons).
If the credit/debit card supplier declines payment, Cacho Mex Candy Inc.’s, is under no obligation to bring this fact to the customer's attention. Customers should check with their bank/credit/debit card supplier that payment has been deducted from their account.
Where the Cacho Mex Candy Inc. agrees that a refund is due in respect of a payment made to Cacho Mex Candy Inc. then:
The credit / debit card used for the payment will be refunded
This will be performed as soon as possible but within 14 days of the refund application being received and agreed by Cacho Mex Candy Inc.
Should you have any queries regarding an overpayment on your account and think you may be eligible for a refund, please contact the relevant department quoting your receipt or reference number.
On orders cancelation it will a refund fee of 10% on the order total purchase.
On orders that returned to us as "Undelivered address" in case of ask for order cancellation, the company will refund the total amount less what the company paid to ship the order.
The data (information) that you provide during this transaction will only be used for the purpose of recording your payment. We shall abide by the principles of the Data Protection Act 1998 and ensure that the data is used for no other purposes and is not disclosed to a third party i.e. other companies or individuals unless required to do so by law.
Limitation of liability
In no event will Cacho Mex Candy Inc., its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
Your right to privacy is very important to us and we recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner.
We believe this information should only be used to help us provide you with better service and that's why we have put a policy in place to protect your personal information.
We will not provide any of your personal information obtained via the web to other companies or individuals unless required to by law.
Whenever you provide sensitive information (for example, a debit/credit card number to make a payment) we will ensure all reasonable steps to protect it; such as encrypting your card number. We will also take security measures to protect your personal information in storage. Debit/Credit card numbers are used only for payment processing and are not retained for marketing purposes.
Our websites may provide links to third party sites. Since we do not control those websites, we encourage you to review the privacy policies of these third party site.
You may terminate this Agreement at any time. Cacho Mex Candy Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.