Terms and Conditions on Using the Azteca Mexican Products Website:
These Standard Terms And Conditions (these “Terms” or this “Website’s 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.
Azteca Mexican Products collectively referred to as “the company” hold full ownership of this website, pages, posts, media, recipes. The company reserves the right to change and/or amend these terms and conditions from time to time with our prior notice.
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.
Azteca does not take responsibility or any loss or damage incurred during the use of this website and its services. All persons viewing/Browsing/investigating/researching and using the website and/or its services do so at their own risk!
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.
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 and or the company;
- 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.
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.
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.
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.
- 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.
- 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 3 working days after delivery by the courier.
- 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 with the product.
Azteca Mexican Products will only accept complaints in this regard for up to 3 working days after delivery by the courier for food items and for homeware items.
The company will do everything in its power, but not outside of these terms and conditions set out in this webpage, to help resolve a complaint or dispute regarding and order/product/service submitted by the customer. If a customer submits a complaint or a dispute regarding his/her order/service/product and disengages interactions with the company for more than 3 natural calendar days. The company reserves the right to assume that all is well with regards to the complaint/dispute/product and the complaint/dispute is resolved and terminated.
Orders submitted need to have the recipients full detail information as requested on the order form. The company cannot be liable for failed deliveries as a result of incomplete or incorrect details supplied by the customer. The customer acknowledges and warrants the company access and the right to their self submitted contact details for personal contact to be used by the company for contact and shared with the courier company for respective orders instructed for delivery by the respective consenting customer. This is in compliance with the POPPI/POPPIA act 1 July 2021.
As Azteca Mexican Products makes use of a third party courier company, the company will not be held responsible for delays on delivery schedules.
Orders submitted by clients are final. A summary of the order is emailed to the client using their self submitted/rendered personal contact information. A final order proforma is facilitated on a second email with the company banking details for the customer to perform their own EFT payment with their own respective banking entity. Once an EFT is received and allocated, the order(s) Is/are finalised and cannot be manipulated, exchanged or reversed.
Orders that have been successfully submitted and not fully paid via EFT in 7 calendar days from the date of placement are automatically cancelled. Customers will need to reorder completely. Orders cannot be reactivated and stock availability is not guaranteed for any new order.
Customers consent by willingly using the website and submitting their contact details to be contacted for orders and or promotion mailers by the company unless they separately choose to unsubscribe from the mailing list. Unsubscribed customers shall not receive communication from the company. The company cannot be held liable in any nature whatsoever any person(s)/customer for missed events or missed information if they have unsubscribed from mailing lists. The company will not take responsibility nor can it be held liable for failed deliveries as a result of the company’s and or customer emails being sent to a SPAM, Junk, SPAM bucket mailbox for any reason whatsoever and is out of the company’s control.
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.
Due to the food nature of our products and exposure to potential health risks Azteca Mexican Products does not offer a return policy for any unused, unwanted or mistakenly ordered products.
All customers must make make use of all the available communication channels with the company and be absolutely sure of their selected products for purchase. Once an order is complete, paid for and dispatched it cannot be returned.
All sales are final and no refund will be issued.
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.
Personal contact details in correspondence to POPPI/POPPIA Act 1st July 2021 – Please see full POPI/POPIA description and details at POPI/POPIA
- Every person/viewer/customer making use of this website , previously stated in this terms and conditions page, does so at their own risk.
- Every person/viewer/customer making use of this website and wishes to make contact with, or be contacted by the company, willingly submits and permits their personal information to be used for contacted by the company using the submitted details for person/viewer/customer specified purpose.
- Every person/viewer/customer in making use of this website and placing and order understands that his/her details must be facilitated to 3rd party courier service to facilitate the rendering of the delivery service for requested order placed.
- Every person/viewer/customer has the option of either to save their personal information on the check out screen of this website for their own convenience of speeding up and facilitating the check out process.
- Every person/viewer/customer has the option not to save their information for their convenience but does understand that the company does have and keep their information for order contact purposes, special events, stock availability and delivery contact by our marketing and/or logistics teams as well as the assigned courier service assigned by the company.