Terms of Service
By accessing or using the services provided by Enchilamelos you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Candy/Dulces in any way or order, receive or use the candies made available through the Candy/Dulces (collectively, the “Product(s)”).
If you are using the Products on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Enchilamelos reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through our sites (web and social media pages). By continuing to access or use the Products in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or order, receive or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or order, receive or use the Products.
The Products are not targeted toward or intended for use by anyone under the age of 18. By using the Products, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Products, or engaged in any activity that could result in suspension or removal from the Products, (d) do not have more than one Enchilamelos account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
Registration, Account and Communication Preferences.
In order to access and use certain areas of the sites or features of Enchilamelos, you will need to register for an Enchilamelos account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. By creating an Enchilamelos account, you also consent to receive electronic communications from Enchilamelos (e.g., via email or by posting notices to the sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Terms of Sale.
- Subscriptions-Plans. Enchilamelos has a subscription service where we offer various subscription plans for the recurring delivery of our Products and may offer add-on or one-time Products for sale. Our Product offerings and available Subscription plans are described on our website and mobile application, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.
- Automatic renewal of subscription. When you purchase a monthly subscription, you expressly acknowledge and agree that Enchilamelos is authorized to charge you on a monthly basis for the price of your chosen subscription (in addition to any applicable taxes and other charges set forth during the purchase process) for as long as your subscription continues, and your subscription is continuous until you cancel it or we suspend or terminate the subscription.
- Instructions for canceling your subscription are described in section below. The initial monthly recurring charges for your subscription will be set forth during the purchase process. The amount you are charged may vary depending on the preferences you select, and we may adjust such recurring charges from time to time in accordance with section “Pricing and Availability” below.
- Cancellation policy. You may cancel your monthly subscription at any time prior to the order invoice date by emailing firstname.lastname@example.org. If cancellation occurs after the invoice date the cancellation request will be processed for the next scheduled invoice. You are responsible for all charges (including any applicable taxes and other charges) incurred with respect to any order processed prior to the cancellation of your monthly subscription.
- Gifts. You may have the ability from time to time to purchase subscriptions for other people through the Products (“Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through Enchilamelos in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift. Gifts that are monthly subscriptions are subject to the auto renewal terms in and the cancellation policy.
- Payment and Billing Information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Enchilamelos account, you can do so at any time by logging into your account and editing your payment information.
- Pricing and Availability. All prices shown via the Candy/Dulces are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in Section “Registration, Account and Communication Preferences”. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in Section “Subscriptions”.
- Substitutions. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients or entire shipments) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at email@example.com.
- Taxes. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
- Shipping and Handling. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by USPS, however we reserve the right to use other shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract.
- Deliveries. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the ingredients arrive in a good condition. In the unlikely event that any other Product in your delivery is not suitable for consumption, contact us at firstname.lastname@example.org (attaching photos of the item(s)) and discard the item(s). From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, use and consumption of the Products following delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email email@example.com immediately with any concerns (attaching photos for review). In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your ingredients is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
- No Resale. You are not permitted to resell or otherwise use the Products for commercial purposes.
- Returns and Refunds. Please refer to our Refund Policy, available at https://www.enchilamelos.com/refund-policy/ for information about how we manage cancellations, refunds and exchanges.
License to Access and Use Our Sites and Content.
Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Enchilamelos logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Enchilamelos or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to:
- Sell, resell or use commercially the Sites or Content.
- Distribute, publicly perform or publicly display any Content.
- Modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof.
- Use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us.
- Use the Sites or Content other than for their intended purposes.
Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any trademark, copyright or other proprietary rights of Enchilamelos or any third party. This license is revocable at any time. The Sites and Content may include software components provided by Enchilamelos or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
The Enchilamelos logo and any other Enchilamelos Product names, logos or slogans that may appear on the Sites or Products are trademarks of Enchilamelos and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Enchilamelos” or any other name, trademark or Product name of Enchilamelos without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Enchilamelos and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Enchilamelos.
Enchilamelos makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
You are always free to submit questions, comments, suggestions, ideas, original or creative materials or other information about Enchilamelos, the Sites or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Enchilamelos. Enchilamelos shall be free to use (and allow others to use) such Feedback, including, without limitation, all intellectual property rights in and to such Feedback, and shall be entitled to the unrestricted dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are solely responsible for the proper and safe handling, storage, use and consumption of the products you receive from us. You are also solely responsible for knowing about any food allergies you may have and for verifying the suitability of all products and their ingredients before handling, using or consuming such products further. We attempt to display product pricing, descriptions and ingredient lists, as accurately as possible. However, our sites, their contents, and all information, products and services made available through our sites are provided on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, Enchilamelos, disclaim any and all representations and warranties, whether express, implied, or statutory, with respect to our sites, their contents, and the information, products and services made available through these sites.
In the event of an error in the Products, including in an order confirmation, or in processing or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a refund. You further agree that the products and other materials you receive in your order may vary from the products and materials displayed on our websites and/or mobile applications due to a number of factors, including, without limitation, differences in how your computer or mobile device displays text and/or images, and natural variability of products. A reference to a product on the sites does not imply or guarantee that it is or will be available in your location or at the time of your order. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
Limitation of Liability; Release.
To the fullest extent permitted by applicable law, in no event shall Enchilamelos be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the sites or content or the order, receipt or use of any product or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from Enchilamelos, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Enchilamelos records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
Governing Law and Venue.
These Terms, your access to and use of the Sites, and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict-of-law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of San Diego, City of Chula Vista.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
These Terms constitute the entire agreement between you and Enchilamelos relating to your access to and use of the Sites and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Enchilamelos. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Enchilamelos failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.