Terms of service

TERMS AND CONDITIONS OF USE OF THE “[ * ]” SITE

The Terms and Conditions of use set forth below (the “Terms”) constitute the entire agreement between DNSS, S.A. de C.V., its affiliates and/or subsidiaries, and/or related parties (“DANIELA SALCEDO ®”), with address at Socrates #390, Polanco II Sección, Delegación Miguel Hidalgo, Mexico City, 11530 (the “Address”), with electronic address www.danielasalcedo.com (the “Site”), with corporate contact number for instant messaging via WhatsApp ® +573016663157 and contact email customerservice@danielasalcedo.com (the “Email”); and the individual and/or legal entity accessing it. Use of the Site by any person confers the status of user and/or customer (the “User and/or Customer”) and implies full and unconditional acceptance of these Terms.


1. PURPOSE

DANIELA SALCEDO® makes the Site available to the Customer, whose main purpose is its creation, operation, and commercial exploitation, whether it is a sponsored site, administered through a third party, or hosted by a third party, through which information regarding different jewelry and fine costume jewelry items (the “Products”) is provided; such information being supplied by DANIELA SALCEDO® or by persons linked to such information directly or indirectly (the “Content”), facilitating the connection with the Customer. The Customer acknowledges that use of the Site does not grant any ownership rights over it, or over any of its elements or Content. DANIELA SALCEDO® reserves the right to modify, in whole or in part, at any time and without prior notice, the presentation, configuration, information, Content, and in general any part or aspect directly or indirectly related to the Site.

DANIELA SALCEDO® provides the Customer with Products made of materials, stones, pearls, minerals, and precious and semi-precious metals; for aesthetic, decorative, and personal expression use. However, DANIELA SALCEDO® does not guarantee the full effective solution of all Customer needs, as use, preferences, and appreciation are personal concepts of the Customer. The Customer acknowledges that the descriptions of the Products contained on the Site are illustrative in nature and shall have the common, basic, and simple scope and specifications regularly offered by the market, except where such scope and specifications are expressly stated on the Site. Likewise, the Customer acknowledges that the information contained and/or published through the Site is for informational purposes only regarding the Products offered by DANIELA SALCEDO®.


2. SITE USE LICENSE

Subject to compliance with these Terms, as well as payment of the applicable price, DANIELA SALCEDO® hereby authorizes and grants the Customer the use and enjoyment of 1 (one) license to use the Site for personal use, under the “as is” modality, temporary, limited, non-exclusive, revocable, non-transferable, non-commercial, and non-sublicensable; for access and use for non-commercial personal purposes. The Customer acknowledges and agrees that this license does not include or grant:

  1. Any right of resale or commercial use of any of DANIELA SALCEDO®’s Products or Content;
  2. Any right to compile or use any list of Products, descriptions, or prices;
  3. Any right to make any derivative use of DANIELA SALCEDO®’s Products or Content;
  4. Any right to download or copy account information for personal benefit, nor the use of data mining tools, robots, or similar data gathering and extraction tools;
  5. Any right to frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layouts, or forms) of DANIELA SALCEDO®, without prior written consent;
  6. Any right to reproduce, duplicate, copy, sell, resell, or otherwise exploit the Products, or any part thereof, for commercial purposes, unless prior written authorization from DANIELA SALCEDO® has been obtained;
  7. Any right to use meta tags or any other “hidden text” using DANIELA SALCEDO®’s names or trademarks without prior written consent from DANIELA SALCEDO®.

DANIELA SALCEDO® and its licensors, suppliers, publishers, rights holders, or other Content providers reserve any rights not expressly granted in these Terms. Any breach by the Customer of these Terms shall result in the immediate termination of the license granted by DANIELA SALCEDO®.

Hosting. DANIELA SALCEDO® will host the Licenses in the cloud of its choice (cloud meaning data and application processing and storage space on physical servers located in a third-party Data Center). The hosting has adequate availability. Notwithstanding the foregoing, DANIELA SALCEDO® shall not be liable for any downtime, total or partial unavailability, or total or partial loss of data.

Access and stay on the Site. The Customer is solely responsible before DANIELA SALCEDO® and any third party for their conduct when accessing, browsing, and providing information on the Site and for the consequences that may arise from use for unlawful purposes or effects contrary to the purpose of the Site, its content, whether or not prepared by DANIELA SALCEDO®, whether or not officially published under its name; as well as for any consequences arising from use contrary to the content of these Terms that is harmful to the interests or rights of third parties, or that in any way may damage, disable, or impair the Site and prevent its normal use by other users.

3. E-COMMERCE TERMS OF USE

Personal Account. In order to exercise their right to purchase the Products listed in a shopping box (the “Shopping Cart”), the Customer must create a personal access account by completing the forms provided for this purpose on the Site, in which a valid payment method associated with their account will be included. The processing of the personal data entered by the Customer shall be in accordance with the Privacy Notice contained on the Site.

The use of the Site and the acquisition of Products through it grants the Customer the legal and financial capacity to assume the obligations and responsibilities generated by such act; therefore, the Customer declares that they are of legal age and will keep the information requested through the Site updated and available. The Customer is responsible for all activity that occurs under their account and agrees to maintain the security and confidentiality of their username and password at all times, as such data are confidential. Therefore, the Customer assumes full responsibility for any activities carried out from their account or using their password. DANIELA SALCEDO® Products may be purchased for use by minors, provided that they are requested by a person of legal age with the legal and financial capacity to assume the obligations and responsibilities generated by such act.

Access to and use of the Site shall be carried out in accordance with the law, morality, and good customs, as well as in accordance with these Terms, and must be used for lawful purposes, respecting the rights of third parties. DANIELA SALCEDO® reserves the right to deactivate accounts, remove or edit Content, or cancel orders in case of violation of these Terms, third-party rights, or in the event of the commission of a crime or any conduct that damages the reputation of DANIELA SALCEDO® or the community experience of other customers.

Accuracy of data. The Customer acknowledges that DANIELA SALCEDO® will not conduct any investigation to validate the accuracy and truthfulness of the data provided by the Customer; therefore, in the event that omissions, inaccuracies, or errors occur, the Customer releases DANIELA SALCEDO® from any liability for any damage or loss that such acts may cause.

Inaccuracies on the Site. The Content and/or the Site may contain inaccuracies and/or typographical errors. DANIELA SALCEDO® does not guarantee the accuracy of the Content and reserves the right, at its sole discretion, to correct any error or omission in any part of the Site and to make any changes to its features, functionality, or Content at any time. DANIELA SALCEDO®, as well as any related and/or affiliated person, including, without limitation, directors, attorneys-in-fact, representatives, administrators, employees, shareholders and/or agents, present or former, or partners, shall not be liable for errors or omissions in the Content.

Newsletter. By choosing to register their personal email address, the Customer may periodically and free of charge receive DANIELA SALCEDO®’s Newsletter, with information regarding offers, new Product launches, and related information. Such Newsletter may be provided by DANIELA SALCEDO® or by persons directly or indirectly linked to it. The Customer may cancel their Newsletter subscription at any time by contacting the Email. The cancellation shall take effect within no more than 72 (seventy-two) hours from the date of receipt of the cancellation request, by removing the Customer’s email data from DANIELA SALCEDO®’s database.

Product. DANIELA SALCEDO® reserves the right to launch new products, without any restriction as to frequency, quantity, uses, and characteristics. Likewise, DANIELA SALCEDO® reserves the right to withdraw, replace, or change the Products published on the Site by simply modifying its content. DANIELA SALCEDO® also has the authority to stop offering or discontinue, without prior notice and at any time, access to the published Products. In the event that a Product is on sale, DANIELA SALCEDO® will clearly indicate it, detailing the validity period of such offer.

Product Description. All information about the Products provided through the Site is for informational purposes. It is the sole responsibility of the Customer to read and understand the Product labels and instructions for use and, if applicable, take the necessary precautions. DANIELA SALCEDO® does not guarantee that the descriptions or their content are free from errors. If the Customer considers that a Product does not conform to its description, their sole remedy shall be to return it, provided that it is returned unused and in accordance with the Returns Policy contained herein.

Product Availability. DANIELA SALCEDO® Products are only available in the store and its branches located in the United Mexican States and on the Site. As they are handmade products, meaning they are the result of manual skills and techniques learned under the direction and design of DANIELA SALCEDO®, their production is small-scale. Notwithstanding the foregoing, DANIELA SALCEDO® expresses its commitment to maintain, to the extent possible, production adequate to Product demand, in order to satisfy Customer needs without compromising the agreed quality of the Product.

Product Orders. To place an Order, the Customer shall select the Product(s) they wish to purchase and click the “ADD TO SHOPPING CART” button so that the item is added to the Shopping Cart. At any time, the Customer may obtain a summary of the Products selected or modify it by going to the Shopping Cart window located at the upper right part of the Site, or finish their selection of Products and place an order by clicking the “CHECKOUT” button. The Customer will have a summary of their Order, including type, quantities, Product prices, shipping costs, total order price, gift option, as well as the data registered in their Account and the delivery and billing address for the Products. When the Customer confirms their Order in the Shopping Cart, an automatic electronic acknowledgment message of receipt of the Order will be generated. Once DANIELA SALCEDO® approves the Order, an electronic message will be sent confirming its acceptance and the charge of the total amount of the Order, thereby becoming a placed order (the “Order”). In the event that, for any reason, during the processing of the Order, the Product(s) ordered by the Customer are not available, no charge will be made for those not available, for which DANIELA SALCEDO® will generate an electronic message to the Customer notifying them accordingly, providing the option to receive another product with similar characteristics to the one requested.

The data recorded on the Site constitute the ultimate proof of all transactions carried out between DANIELA SALCEDO® and the Customer. In the event of any dispute between DANIELA SALCEDO® and the Customer in relation to any Order and Purchase made on the Site, the data recorded by DANIELA SALCEDO® shall be considered irrefutable proof of the content of such transaction.

Wholesale sales. In the event that the Customer wishes to place an order for multiple units of the same product, or multiple orders for the same Product, this shall be carried out through DANIELA SALCEDO®’s Email, as cited in the preamble of this document.

By requesting any order from the Site, the Customer agrees not to resell any of the Products. Unauthorized resale of DANIELA SALCEDO® Products constitutes an implicit violation of the terms established herein.

Price. Unless otherwise indicated, the list price or suggested price shown on each Product represents the retail sale price. Unless otherwise indicated, all prices published on the Site are expressed in Mexican pesos and include Value Added Tax (VAT). DANIELA SALCEDO® reserves the right to modify the price at any time and without prior notice. Prices and promotions available in the retail store will not apply to the Site, unless otherwise indicated, and vice versa. In the event that, due to an error, the Price published on the Site is incorrect, the Customer will be notified as soon as possible and will be given the option to proceed with the Purchase or change to a Product with similar characteristics and price to the one originally requested. Shipping costs will be added to the total amount of the Order, which are calculated based on the Product(s) included in it.

Payment Methods. The Client agrees to pay for the Products included in their Order in Mexican pesos.

DANIELA SALCEDO® makes the following payment methods available to the Client:

  1. By charging a credit or debit card, whether Visa, Mastercard, or American Express, through the servers of the payment processors determined by DANIELA SALCEDO®, such as Stripe®, Mercado Pago®, among others, and by completing the forms provided for this purpose on the Site. Payment processors are operated by third parties unrelated to DANIELA SALCEDO®, therefore DANIELA SALCEDO® is not responsible for errors, failures, extra charges, or others generated in said payment processors.
  2. By bank deposit or transfer to the account indicated by DANIELA SALCEDO® for such purposes.
  3. By cash deposit to the bank card designated for this purpose by DANIELA SALCEDO®, in convenience stores through the portal www.mercadopago.com.mx, which is owned by a third party unrelated to DANIELA SALCEDO® (“MercadoPago Portal”); therefore DANIELA SALCEDO® is not responsible for errors, failures, extra charges, or others generated in the MercadoPago Portal.

Payments made through a payment processor will be credited immediately. Payments made by bank deposit or transfer, or through the MercadoPago Portal, must be completed within no more than 2 (two) calendar days from the date of the Order. To confirm payment by bank deposit or transfer, or through the MercadoPago Portal, the Client agrees to send proof of payment to the DANIELA SALCEDO® email address. If the payment for the Order is not reflected within such period, DANIELA SALCEDO® will proceed to cancel the Order without any liability on its part. Additionally, the Client hereby declares and guarantees that the financial resources used to pay for all obligations set forth in this document come from lawful sources and/or activities.

Any operational charges or fees established by services offered through third-party servers or portals are fully regulated by the terms and conditions established by such third parties or by applicable laws; therefore, the Client hereby releases DANIELA SALCEDO® from any liability regarding the manner, time, and amount in which charges are made, even if such charge is considered excessive, improper, or in violation of any Client right. Accordingly, the Client agrees to hold DANIELA SALCEDO® harmless at all times from any legal proceeding that may arise from the use of third-party servers or portals. Any change in the Client’s payment method must be made online. Such change may temporarily interrupt the Order while the new information provided is verified.

The Client acknowledges and accepts that DANIELA SALCEDO® may use third-party collection services for the purpose of collecting any outstanding debts related to the Products, for which the Client agrees to cooperate in good faith to settle such debts in full.

Billing. If the Client requires a tax receipt, it must be requested in writing through the Email Address so that it may be issued. It is an essential condition for the issuance of such receipt that the Client reliably proves payment for the Products in question. The Client accepts that DANIELA SALCEDO® may periodically contact them via email at the email address associated with their registered account, with billing notices and other communications related to the Products, whether for promotion, improvement, changes, etc.

Territory. The delivery territory for the Products is exclusively within the United Mexican States.

Order Shipping. Shipping costs are calculated and added to the final total to be paid for the Order, based on variable factors including, but not limited to: type of product, weight, volume, destination, shipping method, logistics provider, product origin, and conditions in force at the time of purchase.
The final amount of shipping costs will be informed to the Client prior to confirmation and payment of the Order, forming an integral part of the total price of the Order. Such costs are not fixed, may vary between orders, and are not subject to a uniform rate guarantee.

In the case of products identified as “Pre-Order,” the Client expressly acknowledges and accepts that:

  1. The product is not available for immediate delivery.
  2. Shipping may be carried out from abroad and will therefore be considered international shipping.
  3. Delivery times will be longer than those for products available for immediate delivery and will be subject to production processes, importation, customs clearance, international logistics, and local transportation.
  4. Delivery dates indicated for Pre-Order products are estimates and therefore do not constitute fixed or guaranteed dates.

The Ecommerce shall not be responsible for delays arising from causes beyond its control, including, without limitation, customs authorities, international carriers, regulatory provisions, logistical delays, unforeseen events, or force majeure.

DANIELA SALCEDO® will ship the Client’s Order through a courier service operated by third parties. The estimated delivery time will be 2 (two) to 7 (seven) business days from the payment confirmation date for Products in stock; and 21 (twenty-one) to 23 (twenty-three) business days from the payment confirmation date for “Pre-Order” Products. Any variation will be notified to the Client’s email address. If the Client does not receive their Order within the time mentioned above, they must notify the Email Address. DANIELA SALCEDO® does not provide a delivery time guarantee.
Delivery times are estimated and will depend on the distance traveled by the package, weather conditions, natural disasters, public events that prevent free transit of the courier unit, the Client’s availability at the time of delivery, and whether the delivery details were provided completely and correctly, as well as unforeseen events or force majeure.

Free Shipping. DANIELA SALCEDO® may, at its sole discretion, launch promotions consisting of free shipping for certain Products, orders, minimum purchase amounts, geographic areas, time periods, or under any other condition determined by DANIELA SALCEDO®.
Such promotions shall be strictly temporary in nature, not permanent, and shall be subject to the terms, conditions, limitations, and validity communicated by DANIELA SALCEDO® in each case through its official channels.
The granting of free shipping does not constitute an ongoing obligation, does not generate acquired rights, legitimate expectations, or permanent contractual conditions in favor of customers, even if the promotion has previously been offered repeatedly.
DANIELA SALCEDO® may modify, suspend, or cancel such promotions at any time, in whole or in part, without prior notice, provided that it does not affect orders already confirmed during the expressly stated validity of the corresponding promotion.

Order Receipt. Upon receiving the Order, the Client must verify that it complies with the Order placed. Any anomaly presented in the Products must be notified to the Customer Service Department through notification to the Email Address, detailing the assigned Order number, the defect, damage, or error in the Product delivered, along with clear photographs as evidence of what the Client indicates. For this purpose, the Client shall adhere to the provisions of the DANIELA SALCEDO® Exchange Policy.

If there is no one available to receive the Client’s Order at the address authorized by them, the Client must contact the courier service provider directly to arrange for later receipt or collection at the branch indicated by the provider, releasing DANIELA SALCEDO® from all liability for any damage or anomaly that the Products in the Order may present.

Order Cancellation. Once payment for the Order has been made, cancellations are not accepted. Changes to the order may be made before it is shipped, provided they concern available products. Any request in this regard must be made through the Email Address provided by DANIELA SALCEDO®.
For Products that have been ordered for personal manufacturing, changes, modifications, or cancellations are not accepted once payment has been made by the Client.

Loss or Theft of Order. In the event that the Order is lost, it must be reported to the DANIELA SALCEDO® Email Address, who will accompany the Client so that the corresponding report may be made to the logistics and courier company responsible for delivery. The Client agrees to actively cooperate in the investigation process of the logistics and courier company, which, once the process is completed, will determine the procedure for requesting payment for the Product(s) contained in the lost package, taking into account the insured value.

Exchange Policy. The Client shall have a period of 15 (fifteen) calendar days from the delivery date of the Order to request a return or exchange for any Product. Exchanges for any Product must be requested through the Email Address within the following fifteen (15) calendar days from receipt of the Order, providing images of the Product showing the reason for the exchange request, as well as the purchase invoice. The Product must be returned in the same condition in which it was received, meaning new and complete; if evidence of use or obvious alteration of the Product is found, DANIELA SALCEDO® will have no obligation and will not be able to process the exchange.

If the reason for exchanging the Product is other than “damaged, defective, or incorrect product,” DANIELA SALCEDO® shall have no obligation to cover shipping costs or any other service related to the Product. When returning a Product, the Client must do so under the same conditions in which it was received from DANIELA SALCEDO®, removing all personal data of the Client and/or third parties that may be present on said item, since DANIELA SALCEDO® will not be responsible for safeguarding such information. Likewise, the Client acknowledges that any item that has been included by mistake within the exchange package will not be the responsibility of DANIELA SALCEDO® to safeguard its integrity.

Any exchange request is subject to compliance with the following guidelines:
● Products on promotion or with a discount are not eligible for exchange.
● Exchanges of Products are made at the value at which they were purchased, understood as the seasonal commercial value published on the Site at the time of purchase. If the Client wishes to exchange the Product for one of a higher price, they must cover the difference in cost. On the other hand, if the Product subject to exchange has a lower value, the difference will be included in the Client’s account as a credit balance. In no case will money be refunded.
● The Product must not have been used and must be in the same condition in which it was delivered.
● The shipment must be made using the same box and/or bag in which it was received to protect the product. In the event that it cannot be returned in the original box and/or bag, the Client must return it in a protective box so that the Product arrives at the offices of DANIELA SALCEDO® with the greatest possible guarantees.
● A copy of the delivery receipt must be included inside the package, where the returned products and the reason for the return must also be indicated.
● Products purchased with discounts or promotions during Black Days and El Buen Fin may only be exchanged under legal warranty; these Products do not allow returns.

EXCHANGES – FINE JEWELRY
● FINE JEWELRY pieces will not be eligible for exchanges. As these are custom-sized pieces, modifications will be offered until the client is satisfied. In this case, the client assumes the cost of the necessary shipments.

EXCHANGES – BLA BLA BLA AND LOCKy CHARM
● Pieces from the Bla Bla Bla and LOCKy Charm collections purchased through Pre-order will not have exchanges or returns. Modifications will not be allowed once the purchase has been approved.

EXCHANGES – COOL THINGS FOR COOL PEOPLE
● The exchange period for pieces from the “Cool Things For Cool People” collection is 15 calendar days and may only be made effective for another piece from the same collection; it does not apply to exchanges for Products from a different collection.
● During Black Days and El Buen Fin, exchanges do not apply if the pieces are discounted or on promotion.

Warranty. DANIELA SALCEDO® offers a warranty on acquired products under the terms established by law, responding for defects in quality, suitability, safety, and proper condition of the products offered. The warranty term established for products offered by Daniela Salcedo® is five (5) months for jewelry made of bronze or silver.

DANIELA SALCEDO® does not make exchanges for products that are deteriorated due to improper use such as impacts, use of chemicals, or failure to comply with the instructions for use indicated at the time of purchase. The warranty is covered through repair or replacement according to the criteria of DANIELA SALCEDO® and in accordance with the rules governing the matter. The warranty will be void if the Client decides to make modifications to the Product.

DANIELA SALCEDO® products are handmade, and therefore may present special and natural characteristics associated with the materials used in their manufacturing process, which may occasionally generate variations in texture or differences in the characteristics from one product to another. This shall not be considered a defect at any time and therefore does not apply as a warranty claim.

To make use of the Product warranty, the Client must consider the following:
● If the defect cannot be repaired, it will be replaced with an identical model; if this is not available, the Client may exchange it for any other piece of jewelry of equal or greater value, paying the difference.
● If the Product is fully replaced with another, the warranty term will start running again in full from the moment of replacement.
● The legal warranty period will begin from the moment the product is delivered to the Client.
● Warranty repairs will be carried out within approximately 45 (forty-five) calendar days, counted from the date on which the Product is received.
● Shipping costs related to warranty claims are assumed by DANIELA SALCEDO®, both nationally and internationally.

Products shall be understood to be compliant provided that i) they conform to the description provided by DANIELA SALCEDO®, ii) they have the qualities presented and published, iii) they are suitable for the ordinary uses for which products of the same type are intended, and iv) they present the usual quality and performance of a product of the same type.

WARRANTY – FINE JEWELRY PIECES
In the case of FINE JEWELRY references, it is guaranteed that the material is 18K gold, 750 hallmark (lifetime).

STONE WARRANTY: In the event of stones falling out, it will be evaluated whether it was due to misuse of the jewelry (impacts or stone fracture) or a manufacturing defect. If it is determined that the stone fell out due to a manufacturing defect, a lifetime warranty will be provided and the stone will be replaced. Scratches, impacts, or any defect caused by use are not covered under warranty, but a restoration service is offered. The piece will be evaluated and the repair will be quoted to the Client. Shipping costs will be assumed by the Client.

● All FINE JEWELRY sales are final. DANIELA SALCEDO® offers a one-time complimentary cleaning within one year from the date of purchase. The Client will be responsible for all related shipping costs.

All FINE JEWELRY pieces are handmade in Colombia. All orders are shipped once full payment has been received in advance. FINE JEWELRY pieces take approximately 45 (forty-five) calendar days to be produced and shipped.

All FINE JEWELRY sales are final. We are pleased to offer a one-time complimentary cleaning within one year of purchase. The Client is responsible for all shipping costs related to returns and exchanges.

FINE JEWELRY Repairs: Any repair must be requested through the Email Address. The Client is responsible for the cost of repair or alteration, as well as shipping, unless it is within 30 (thirty) calendar days following the purchase and it is determined that there is a problem with the Product.

WARRANTIES – COOL THINGS FOR COOL PEOPLE COLLECTION
Conditions:
CERAMIC: Our ceramic pieces are handmade, so each one is unique and can never be perfect. No warranty is accepted for ceramic items after they have been received to the satisfaction of the client.
BRONZE PIECES WITH GOLD PLATING: Six (5) months. Applies only to loss of plating and/or discoloration of the piece.
TOTE BAGS: One (1) month. Applies to seam damage. Due to their nature, fabric materials may have variations in tones, colors, grains, and inlays different from those shown in the reference images, so it is accepted that such variations may exist and are not considered manufacturing defects.

REPAIR INSTRUCTIONS
Repairs may be processed in-store or sent to the Address of DANIELA SALCEDO®, and must be shipped with the necessary protection for transportation. We recommend using a trackable method with a required signature, as DANIELA SALCEDO® assumes no responsibility for items lost or damaged during transportation.

A sales representative will contact the recipient upon receipt of the package to finalize the repair details and payment information.

Warranty Disclaimer. The warranty mentioned herein shall not be considered applicable when it is demonstrated that the defect arises from any of the situations described below. Therefore, DANIELA SALCEDO® shall have no responsibility arising from the application of the warranty by/for repair, exchange, or return to the Client, and the Client shall bear all shipping costs that may be generated.

Actions or situations outside the scope of warranty are:

  1. Improper use of the Product by the Client.
  2. When the Client did not follow the instructions for product care (see the Product Care instructions included at https://mx.danielasalcedo.com/pages/cuidado-de-la-joya *************).
  3. Once the established warranty period has expired.

Repairs Outside the Warranty Period. In the event that the Client wishes to repair any DANIELA SALCEDO® Product after the warranty period has expired, the repair time will be approximately 45 (forty-five) calendar days from the date on which the Product is received, and the cost for such repair shall be borne by the Client. Repair and shipping costs shall be fully assumed by the Client.

Pieces from the “Cool Things For Cool People” collection that are made exclusively of bronze with gold plating (napkin rings and bottle stoppers) will be considered for repair outside the warranty period. The cost will depend on the product.

We reserve the right to accept items for repair which, at the discretion of DANIELA SALCEDO®, are very old and may hinder the normal repair process due to lack of materials.

TERMS AND CONDITIONS – 20% BIRTHDAY DISCOUNT
Participation in the 20% BIRTHDAY DISCOUNT constitutes full and unconditional acceptance of these Terms and Conditions, which are final and binding for clients who meet the requirements set forth herein:

  1. Discount valid only for orders placed online through the Site and physical DANIELA SALCEDO® stores in Mexican Territory. Not applicable to official Daniela Salcedo distributors.
  2. Validity: The discount will be valid from the first (01) day of the corresponding month at 12:00 a.m. until the 30th or 31st day of the corresponding month at 11:59 p.m.
  3. Discount mechanics: Clients who have previously made purchases at DANIELA SALCEDO®, during their birthday month, will receive up to 20% off the value of the product or products they wish to purchase in a single transaction during that month.
    The Client must contact DANIELA SALCEDO® by sending a message to the WhatsApp® number or directly at the point of sale or physical store to complete the purchase process using the discount.
  4. Conditions and Restrictions: All individuals who are clients of DANIELA SALCEDO®, reside within the Mexican Republic, and meet the following conditions may participate:
    ● The benefit is subject to the operating hours of DANIELA SALCEDO® points of sale, both physical and on the Site.
    ● The discount is not exchangeable or transferable.
    ● The discount applies only to pieces that are in stock at the time the order is placed and to made-to-order pieces. Pieces from the FINE JEWELRY collection are excluded from this discount or promotion.
    ● The benefit is not cumulative with other existing promotions at DANIELA SALCEDO®.
    ● There is no maximum limit on the number of pieces.
    ● Discount valid for all purchases that comply with the conditions and restrictions established in these Terms and Conditions.
    ● To apply the discount, the information contained in the Client’s account registered on the Site will be verified to determine eligibility for the benefit, that is, whether the Client has made a previous purchase and whether the current purchase is made during the month corresponding to their birthday.

4. CONTENT

Proper Use of the Content. The Client agrees to:

a) use the Site and its Content in accordance with applicable laws and public order, refraining from carrying out any act that undermines, deteriorates, renders useless, or damages the image and/or information disclosed by DANIELA SALCEDO® or in any way harms the rights or interests of third parties, directly or indirectly linked thereto;

b) not copy, disseminate, modify, reproduce, distribute, or use in any way, with or without profit, the Content and the elements used on the Site, unless expressly authorized in writing by DANIELA SALCEDO®;

c) not modify or manipulate the trademarks, logos, trade names, commercial notices, and distinctive signs in general of DANIELA SALCEDO®, of the Site, or of persons linked to DANIELA SALCEDO® (unless authorized in writing);

d) remove, circumvent, or modify the Content and the elements used on the Site, as well as the technical protection devices or any mechanism or procedure established on the Site.

Excluded from the foregoing is any information generated through the Site for the Client’s use and management, which may be printed and/or copied for the Client’s best interests. If the Client is a legal entity, it shall adhere to the provisions of Article 148, Section IV of the Federal Copyright Law. The Client acknowledges and accepts that the use of the Site and its Content is under their sole and strict responsibility; therefore, DANIELA SALCEDO® shall not, at any time and under any circumstances, be liable for any malfunction or issue that may arise in the computer equipment (hardware) or software used by the Client to access or browse any part of the Site.

DANIELA SALCEDO® has the right to conduct promotional campaigns at defined time intervals to encourage the registration of new members on its Site. DANIELA SALCEDO® reserves the right to modify the terms and conditions of Product purchases, as well as to proceed with the exclusion of any of them. DANIELA SALCEDO® declares that all Content and elements used on the Site are duly registered and protected under the corresponding authorities and laws in Mexico. The Client agrees to respect all rights contained in the Copyright Notice established on the Site.

Sites and Content External to the Site and DANIELA SALCEDO® Content. DANIELA SALCEDO® may exercise its right to publish any informational material and/or sites or subsites owned by third parties, whether or not linked to DANIELA SALCEDO®, that it considers of interest to Clients. Notwithstanding the foregoing, DANIELA SALCEDO® disclaims all responsibility for the access and/or use made by Clients of the information contained therein and/or for the use, origin, and destination of information derived from external links (link, hyperlink). Any publication made within the Site by Clients does not generate any payment obligation to third parties for promotion, publication, and/or management of information and/or image, unless there is a previously signed contract with DANIELA SALCEDO®.

Denial and Withdrawal of Access to the Site and Content. DANIELA SALCEDO® reserves the right to deny or withdraw access to the Site or its Content at any time, without any liability whatsoever and without prior notice to Clients or users who fully or partially fail to comply with the conditions set forth herein and/or who carry out actions or acts intended to: “harass” or otherwise harass or disturb other Clients; impersonate a representative or employee of DANIELA SALCEDO®, making false statements or otherwise misrepresenting their affiliation with DANIELA SALCEDO®; collect or store personal data of other users in connection with prohibited conduct and activities; falsify headers or manipulate Site identifiers in order to conceal the origin of the Content; upload, post, email, transmit, or otherwise make available any content that they do not have the right to transmit under the terms of the Federal Law for the Protection of Industrial Property (“LFPPI”), the Federal Copyright Law (“LFDA”), and the Federal Law on Protection of Personal Data Held by Private Parties (“LFPDPPP”), or under contractual relationships protected by confidentiality and non-disclosure agreements; upload, post, email, transmit, or otherwise make available materials containing computer viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of software, hardware, or telecommunications equipment connected to the Site; use the Site in a manner that could damage, disable, overload, or impair DANIELA SALCEDO® servers or network connections; disregard requirements, procedures, policies, or regulations of networks connected to the Site that may interfere with the use and enjoyment of the Site by any third party; and gain unauthorized access to accounts, computer systems, or networks connected to DANIELA SALCEDO® servers through hacking attacks, password mining, or any other method to obtain or attempt to obtain materials or information by any means not intentionally made available through the Site.

The Client agrees to indemnify and hold harmless DANIELA SALCEDO® and its officers, agents, employees, partners, suppliers, and licensors against any claim or demand, including reasonable attorneys’ fees, brought by any third party against DANIELA SALCEDO® due to content that the Client submits, posts, transmits, or otherwise makes available in a manner different from that provided on the Site. This is without prejudice to DANIELA SALCEDO®’s right to take the necessary legal actions to claim damages that such actions by the Client may cause.

Liability Regarding Content. DANIELA SALCEDO® assumes no responsibility arising from, including but not limited to: (i) the use that the Client may make of the materials on this Site, the Content, or linked websites, whether prohibited or permitted, in violation of intellectual and/or industrial property rights of the website content or third parties; (ii) any damages suffered by the Client caused by the normal or abnormal functioning of search tools, organization or location of Content and/or access to the Site and, in general, errors or problems generated in the development or implementation of the technical elements made available to the Client; (iii) the content of pages that the Client may access through links included on the Site, whether authorized or not; (iv) acts or omissions of third parties, regardless of their relationship with DANIELA SALCEDO®; (v) access by minors to the Content, as well as the submission of personal information they may provide; (vi) communications or dialogues in debates, forums, chats, and virtual communities organized through or around the linked Site, nor shall it be liable for any damages suffered by the Client as a result of such communications and/or dialogues; etc.

Liability Regarding Technological Failures. DANIELA SALCEDO® shall not be liable in any way when the following occur: (i) errors or delays in accessing the Site when entering data in the request form, slowness or impossibility of recipients receiving confirmation of the request, or any anomaly that may arise when such incidents are due to Internet network problems, force majeure, or any other unforeseeable contingency beyond DANIELA SALCEDO®’s control; (ii) failures or incidents that may occur in communications, whether deleted or incomplete transmissions, so that it is not guaranteed that the Site’s services will be constantly operational; (iii) errors or damage caused to the Site due to misuse of the service by the Client; (iv) non-operability or problems with the email address provided by the Client for sending confirmation of the submitted request. In any case, DANIELA SALCEDO® undertakes to resolve any problems that may arise and to offer all necessary support to the Client to reach a quick and satisfactory solution. Likewise, DANIELA SALCEDO® has the right to carry out promotional campaigns at defined time intervals to promote the registration of new members to its service. DANIELA SALCEDO® reserves the right to modify e-commerce conditions, as well as to exclude any of the terms contained therein.

5. PERSONAL DATA

In compliance with the terms set forth in the LFPDPPP, DANIELA SALCEDO®, as the party responsible for processing personal data, informs the Client that the information provided on this Site will be processed in accordance with the Privacy Notice contained on the Site. To use or enjoy some of the Content, the Client must previously provide DANIELA SALCEDO® with certain personal data (“Personal Data”).

By accessing the Site or any Content where Personal Data is required, the Client authorizes DANIELA SALCEDO® to conduct analyses and studies based on such data. The Client agrees to provide true and accurate Personal Data. In the event the Client provides false or misleading information, DANIELA SALCEDO® assumes no responsibility for the results that such actions may cause to the Client and shall have the authority to deny access to the Site and its Content, without prejudice to claiming any applicable damages.

The Client acknowledges and accepts that, in order to fulfill the purpose of the Site, it will be necessary for DANIELA SALCEDO® to collect Personal Data to include it in forms, lists, databases, or other physical, digital, and/or electronic means, to properly register such data and offer the Products. DANIELA SALCEDO® shall not be responsible for any consequences that may arise from the Client’s conscious or unconscious omission in this regard.

Therefore, by accepting these Terms, the Client expressly waives the right to file any type of claim, lawsuit, legal action, or proceeding before any Mexican or foreign authority against DANIELA SALCEDO®, as well as any person related and/or affiliated with DANIELA SALCEDO®, including, without limitation, directors, attorneys-in-fact, representatives, administrators, employees, shareholders, and/or agents, present or former, for any act arising or that may arise from the use of the Site and the Services, or any service derived from such use.

6. DATA INDICATORS

The information that the Client provides on the Site, whether current or historical, is processed and organized to generate data indicators, which DANIELA SALCEDO® may use to make business decisions, always in a statistical and non-individualized manner. The Client hereby authorizes DANIELA SALCEDO® to access the information provided and generated on the Site, under the terms of this document and the Privacy Notice.

7. USE OF COOKIES

DANIELA SALCEDO® informs the Client that, through the use of cookies and similar technologies, it seeks to: i) ensure the best possible experience on the Site; and ii) provide the Client with information about service and marketing preferences, thereby helping them obtain appropriate information. If the Client requires more information regarding the use of cookies and similar technologies, DANIELA SALCEDO® makes its Cookies Policy available.

8. DISCLAIMER OF WARRANTIES AND LIABILITY

The Client is solely responsible for the use made of the Site and its Content. The Client acknowledges that the information on the Site and the services of DANIELA SALCEDO® are provided “as is,” without any express or implied warranty of merchantability or fitness for a particular purpose. DANIELA SALCEDO® does not guarantee the accuracy or completeness of the information, texts, graphics, links, or other elements contained on the Site or its Content. DANIELA SALCEDO® does not guarantee uninterrupted or error-free operation of the Site and/or its Content. Since all information referred to on the Site and its Content is stored in the cloud, DANIELA SALCEDO® does not control or guarantee the absence of viruses in the Content or the absence of other elements that may cause alterations in the Client’s computer system (software and/or hardware) or in electronic documents stored therein.

Any material downloaded or otherwise obtained in a manner different from that provided on the Site shall be at the Client’s sole responsibility and risk regarding any damage it may cause to the computer system of the device used to connect and/or data loss resulting from the download of such material. In no event shall DANIELA SALCEDO® or its suppliers be liable for any damages arising from the use of the Site or Content, or from the inability to use them (IN PARTICULAR, WITHOUT LIMITATION, DIRECT OR INDIRECT, MORAL, INCIDENTAL, EXCESSIVE, REMOTE AND/OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR DATA AND/OR SECURITY BREACHES), even if DANIELA SALCEDO® has been advised of such possibility. The maximum liability of DANIELA SALCEDO® for damages caused by any activity related to the Site or an Order shall be limited to an amount equivalent to the price contained in the Order that gave rise to the claim or cause of action.

9. ELECTRONIC DEVICE COMPATIBILITY
The Client shall be responsible for obtaining devices or hardware that are compatible with the Site, since DANIELA SALCEDO® does not guarantee that it will function properly on any device. Likewise, the Client agrees not to use devices, software, or any other means intended to interfere with the activities and/or operations of the Site, as well as with its databases and/or the information contained therein.

10. DURATION AND TERMINATION
The Site and the Content have an indefinite duration. However, DANIELA SALCEDO® may terminate or temporarily suspend, at any time and without prior notice, the Site and/or any of the Content.

17. MAINTENANCE
In order to carry out maintenance work, DANIELA SALCEDO® reserves the right to suspend access and/or modify the Content, as well as to remove or disable access to the Site, without prior notice. Access to the Site depends on the availability of the Client’s network, therefore DANIELA SALCEDO® shall not be responsible for any inability to access it due to circumstances beyond the control of DANIELA SALCEDO®, as well as force majeure events. When deemed necessary for the proper functioning of the Site, DANIELA SALCEDO® will perform patches, updates, bug fixes, and minor improvements.

11. SUPPORT
DANIELA SALCEDO® offers the Client technical support and basic guidance for the use of the Site’s tools and functionalities, which may be provided via Online Chat, email, or any other means that DANIELA SALCEDO® considers convenient and feasible, during the hours defined for such purpose and previously communicated. This service will not incur any additional cost. Likewise, the Client who has requested Support accepts and authorizes DANIELA SALCEDO® to have full access to all the information provided on the Site, without any limitation. In this regard, and for the benefit of the Client, DANIELA SALCEDO® undertakes to maintain full secrecy and confidentiality regarding the information to which it has access.

12. INDUSTRIAL PROPERTY AND COPYRIGHT
DANIELA SALCEDO® authorizes the Client to use the Site exclusively under the terms expressed herein, without this implying that it grants the Client any license or authorization, or any type of right other than the one mentioned above, regarding the Industrial Property and Copyright of DANIELA SALCEDO®, understood as: all trademarks registered and/or used in Mexico or abroad by DANIELA SALCEDO®; all rights over inventions (patented or not), industrial designs, utility models, confidential information, trade names, trade secrets, commercial notices, reservations of rights, domain names; as well as all types of economic rights over works and creations protected by copyright and other forms of industrial or intellectual property recognized or to be recognized by the applicable laws.

The Client acknowledges and agrees that DANIELA SALCEDO® is the legitimate owner, or has the necessary rights, over the Site, including DANIELA SALCEDO® trade names, trademarks, service marks, logos, domain names, and other distinctive brand features contained therein (the “DANIELA SALCEDO® Trademarks”), regardless of whether such rights are registered or not, and regardless of the place in the world where such rights may exist, and that they are protected by international laws and treaties on industrial property and copyright. Therefore, the Client agrees that the DANIELA SALCEDO® Trademarks may not be copied, reproduced, modified, published, uploaded, transmitted, or distributed in any way. Unless expressly stated otherwise in this document, DANIELA SALCEDO® grants the Client no express or implied rights under patents, copyrights, trademarks, or trade secret information. The Client acknowledges and agrees that the Site, as well as all its designs, are and shall at all times remain the property of DANIELA SALCEDO®.

Feedback. In the event that the Client provides any comments to DANIELA SALCEDO® regarding the functionality and performance of the Site (including the identification of possible errors and improvements), the Client hereby authorizes DANIELA SALCEDO® to make unrestricted use of all rights, titles, and interests over the expressed comments. The foregoing shall not be considered a moral right of the Client to require any participation or monetary compensation, nor any restriction on the use of such comments for exploitation by DANIELA SALCEDO®.

13. OTHER PROVISIONS

  1. Validity. The Client agrees that a printed version of these Terms, and of any communication sent and/or received electronically, shall be admissible as evidence in any judicial and/or administrative proceeding.
  2. Severability. If any term, condition, or provision contained in these Terms is determined to be ineffective, illegal, or unenforceable, it shall be excluded from this document, and the remaining provisions shall continue in full force and effect to the broadest extent permitted by law.
  3. Rights. Any rights not expressly granted herein are reserved to DANIELA SALCEDO®.
  4. Updates. DANIELA SALCEDO® may review and update these Terms at any time, ensuring that they remain freely accessible to any user who wishes to review them. DANIELA SALCEDO® reserves the right to modify, at any time, the presentation and configuration of the Site, as well as these Terms. Therefore, DANIELA SALCEDO® recommends that the Client carefully read these Terms each time the Site is accessed. Notwithstanding the foregoing, these Terms shall always be available on the Site in a visible and accessible manner at any time. Certain clauses of these Terms may be subject to additional terms and conditions expressly designated and available on the Site or on specific websites.
  5. Governing Law and Jurisdiction. With respect to the interpretation and enforcement of these provisions, by the mere act of accessing the Site, the Client agrees to submit to the federal laws of Mexico and to the jurisdiction of the competent courts of Mexico City, Mexico, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.
  6. Digital, Electronic, or Online Form. The Parties agree that the means to formalize their agreement is through Digital, Electronic, or Online format, whereby it shall be sufficient to express consent by accepting these Terms and by providing personal data and banking information on the Site or through the licensors’ applications, without the need to execute or sign any physical document.
  7. Acceptance of the Terms and Conditions. The Client acknowledges that, by entering and using the Site, they expressly accept and adhere to these Terms in the version published at the time of access, in accordance with Articles 1803 and 1834 Bis of the Federal Civil Code, Articles 80, 81, 89, and other applicable provisions of the Commercial Code, as well as other applicable laws of the United Mexican States. It is the sole and exclusive responsibility of the Client to read these Terms and any corresponding modifications each time they access the Site. If at any time the Client does not agree, in whole or in part, with these Terms, they must immediately refrain from accessing the Site and its Content. By accepting these Terms, the Client expressly agrees to be bound by them and declares that they have read and understood each and every provision herein and ratify their content.
  8. Entire Agreement. The Client acknowledges and agrees that DANIELA SALCEDO® has made available all necessary information to understand the scope and characteristics of the Site and the Products. Likewise, the Client declares that, prior to accessing the Site, they analyzed its characteristics and, consequently, agree to them.

Date of first issuance: [*].