Terms and Conditions

Terms and Conditions on Using the Azteca Mexican Products Website:

Introduction

These Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website (www.azteca.co.za), you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age) without the permission of a parent or guardian, and you must not use this Website if you are a minor and do not have permission to do so.

Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, Azteca Mexican Products and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing and interacting with the material contained on this Website.

Restrictions.

You are expressly and emphatically restricted from all of the following, without prior permission from the Website owners (Azteca Mexican Products):

  • Publishing any Website material in any media;
  • Selling, sublicensing and/or otherwise commercializing any Website material;
  • Publicly performing and/or showing any Website material;
  • Using this Website in any way that is, or may be, damaging to this Website;
  • Using this Website in any way that impacts user access to this Website;
  • Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • Using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Azteca Mexican Products may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

Warranties on Website Itself.

This Website is provided “as is,” with all faults, and Azteca Mexican Products makes no express or implied representations or warranties, of any kind related to this Website itself or the information and media contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

With regards to products

Limitation of Liability in Relation to Use of This Website.

In no event shall Azteca Mexican Products nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Azteca Mexican Products, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification.

You hereby indemnify to the fullest extent Azteca Mexican Products from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms.

Azteca Mexican Products is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment.

Azteca Mexican Products shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Warranties on Products Purchased Off of the Website.

Azteca Mexican Products commits to providing products to the customer that are in good condition and food products that are of good quality and safe to eat, upon receipt by the customer.

  1. Where damage has been caused to a product by the third party courier; Azteca Mexican Products will request details and photographs from the customer to assist in a claim from the 3rd party courier, after which efforts will be made to replace the damaged items. Azteca Mexican Products will only accept complaints in this regard for up to 3 days after delivery by the courier.

 

  1. Where incorrect products have been delivered; Azteca Mexican Products will request further details from the customer to assist with internal investigations, after which efforts may be made to collect the incorrect stock and replace it with the correct items. Azteca Mexican Products will only accept complaints in this regard for up to 5 working days after delivery by the courier.

 

  1. Where damaged or inferior quality stock has been delivered; Azteca Mexican Products will request further details from the customer to assist with internal investigations, after which efforts may be made to collect the incorrect stock and replace it with the correct items.

 

Fragile products such as taco shells, nacho chips etc. with up to 20% breakages will not be considered damaged as this level of damage is intrinsic in the product.

 

Azteca Mexican Products will only accept complaints in this regard for up to 5 working days after delivery by the courier for food items and up to 6 weeks after delivery by the courier for homeware items.

 

Orders submitted need to have the recipients full detail information as requested on the order form. Azteca cannot be liable for failed deliveries as a result of incomplete or incorrect details supplied by the customer. As Azteca Mexican Products makes use of a third party courier company, the company will not be held responsible for delays on delivery schedules.

Delivery of Products Ordered on the Website.

Azteca Mexican Products makes use of 3rd party couriers to deliver products ordered off of the Website to customers. Upon placing an order, the customer will initially receive an order confirmation email with just the details of the items purchased. The order will be reviewed and a pro forma invoice will be sent to the customer. The pro forma invoice will reflect the final calculated courier service charge.

The courier service charge is based on the prices provided by the 3rd party courier and while the Courier page on the Website is updated as often as possible to give the customer the best idea as to what they will pay, the charges are subject to change without prior notice and the price quoted on the pro forma invoice are final.

Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Azteca Mexican Products and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa and you submit to the non-exclusive jurisdiction of the state and federal courts located in Republic of South Africa for the resolution of any disputes.