Terms of service
GENERAL CONDITIONS OF SALE
The website www.theeverydaylab.com allows its users to purchase various products as well as to contract different services in a reliable, secure and convenient manner. In order to provide our users with a comprehensive service in the purchase and/or contracting processes through this website, users must adhere to and fully accept the terms and conditions established in these General Conditions of Sale. Should such users disagree, in whole or in part, with what is stipulated in these General Conditions, they must refrain from purchasing and/or contracting the products and services offered through this website. Given the importance of the foregoing, it is emphasized that the purchase and/or contracting of products or services through this website implies acceptance of these general conditions.
I. DEFINITIONS.
Website. The website available through the domain www.theeverydaylab.com.
Available product. Individually, it shall refer to any type of good, as well as any type of service, regardless of its nature, that is available on the website for purchase, acquisition or contracting, even free of charge. When reference is made to more than one available product, these shall be referred to as "available products".
Purchased product. Any type of good, as well as any type of service regardless of its nature, once it has been bought, acquired or contracted by the users of the website. When reference is made to more than one purchased product, these shall be referred to as "purchased products".
User. Any person, regardless of their nature, who makes use of the website, especially if they buy or acquire, intend to buy or acquire, contract, or intend to contract the available products through the website.
Owner. The owner or holder of the website, which for all legal purposes is COMERCIALIZADORA ECEROUNO SA DE CV, shall be the only party that markets the products available on the website and may be contacted through the following means of contact:
Telephone: 55 3504 3836
Email: hello@theeverydaylab.com
Owner's address. For all legal purposes, the owner's address shall be understood to be the one located at: BOSQUE DE ALISOS 29 BOSQUES DE LAS LOMAS CUAJIMALPA DE MORELOS CIUDAD DE MEXICO 05120
Owner's RFC. The owner's registro federal de contribuyentes (RFC, Mexican federal taxpayer registry number) is: CEC231030V24.
Purchase order. Document generated on the website that shall contain the set of products purchased by the user, and which the owner undertakes to deliver and/or carry out.
II. ABOUT THE USER.
For all legal purposes, the user shall be considered a person with legal capacity to contract and to be bound under the terms of this document; in this sense, every user of the website has the obligation to use the website in a responsible and correct manner, for which the user undertakes to:
Buy, acquire or contract the available products lawfully and, in the event that the user becomes aware of any circumstance that could legally affect the activity carried out through the website, they shall make it known to the owner immediately.
Not make any purchase or acquisition in a simulated or fraudulent manner. If it is proven that the user has carried out any activity of this type, it may be cancelled and the corresponding authorities shall be notified.
Provide truthful information whenever it is required in order to contract, acquire or buy the available products, even free of charge.
The website is directed mainly at users residing in the Mexican Republic; for this reason, COMERCIALIZADORA ECEROUNO SA DE CV does not warrant that the website complies with the legislation applicable in other countries. In this sense, the owner disclaims any liability that may arise from the use of the website outside the Mexican Republic.
Likewise, it is noted that these conditions may be modified at any time, and therefore the user is responsible for consulting the updates made to this document; nevertheless, in the event that the user buys, acquires or contracts any of the products available on the website, the conditions applicable to them shall be those published at the time the contracting, acquisition or purchase is requested.
III. PURCHASE OR ACQUISITION PROCESS.
Users may buy, acquire and/or contract the products available on the website, for which they must follow the procedures enabled for that purpose, provide the data requested from them and, where applicable, make the corresponding payment.
Once the user completes the acquisition and/or contracting procedure, they may obtain the purchase order; that document shall specify the purchased products, that is, the goods and/or services that have been bought, acquired and/or contracted by the user.
The purchase order must include, among other things, the date on which the products will be delivered, the services performed, or the provision of the service to the user will begin. In the event of any breach by the owner, or if the purchased product is not available, the user must report it to the owner so that the owner may take the measures it deems appropriate to satisfy the user's requirements, or, where applicable, refund the payment received; such reports must be submitted through the following email: hello@theeverydaylab.com.
The owner may send the user the purchase order, as well as the invoice for the same, provided that the user has supplied the data necessary for that purpose.
In the event that the user considers it appropriate to request a clarification regarding their data or regarding the purchased products, they may do so through the following email: hello@theeverydaylab.com.
Unless otherwise indicated, the owner is the manufacturer of the products available on the website; nevertheless, the user must consider not only the information provided on the website, but must also heed the information, instructions and warnings included in the labeling, manuals and descriptions that accompany the purchased products.
All activity carried out through the website may be recorded and/or stored by the owner exclusively for the following purposes:
1.- To keep a record of the purchase orders and payments made through the website for purposes of service quality and customer care.
2.- To constitute evidence of the transactions carried out on the website, for any legal matter within its competence or interest.
3.- To improve the services provided through the website, among other things, to make the interface friendlier for the user, to facilitate the acquisition and/or contracting of the available products, as well as to make recommendations to the user based on their preferences.
In all cases the provisions on personal data protection shall be observed, and any question or clarification regarding this point, or regarding the exercise of the rights established in favor of the user in matters of personal data protection, may be consulted in our privacy notice.
IV. PRICES AND METHODS OF PAYMENT.
The prices displayed on the website are final and include taxes, and shall be presented in Mexican pesos, unless, by legal requirement, something different is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the website, such that the owner shall directly manage the shipment of the purchased products to the user, and shall communicate to them the manner and terms of delivery.
Under no circumstances shall additional products or services be added automatically; the user shall only cover the cost of the purchased products, and in the event that any additional charge is made, they must report it to the owner immediately through the following email: hello@theeverydaylab.com.
The prices displayed, where applicable, may be modified at any time by the owner; nevertheless, any changes made shall in no way affect the orders, purchases or contracts for which the user has already obtained the purchase order.
Payments shall be accepted through:
- Credit card
- Debit card
- PayPal
The following shall also be accepted as a means of payment: payment at oxxo.
Every payment made shall be subject to verification, and therefore the purchase order shall be generated once the funds (regardless of the means of payment used) are available to the owner, or once it is verified that the charge has been authorized by the financial institution or payment operator. The owner assumes no liability for rejections or delays in payment authorizations by financial entities or payment operating companies. In these cases, purchases may be cancelled unilaterally by the owner, refunding to the user the amounts that may have been paid; likewise, in the cases mentioned, the shipment or delivery of the purchased products may be suspended or delayed with no liability for the owner until the corresponding payments are made.
The user consents that, where applicable, charges be made at the time the available products are requested, that is, prior to receipt of the goods, products or services they acquire, buy or contract.
V. DELIVERY.
In cases where physical delivery of the purchased products is appropriate, these shall be made within the following territory: throughout the Mexican Republic.
Except in those cases where unforeseen or extraordinary circumstances arise, or those deriving from the customization of the purchased products, these shall be delivered within the period indicated on the website through the shipping method selected by the user. In all cases, the maximum delivery period shall be 30 calendar days counted from the issuance of the purchase order. Likewise, home deliveries shall be made on business days.
If for any reason attributable to the owner the delivery date cannot be met, the user shall be contacted to inform them of this circumstance, and they may choose between continuing with the purchase, setting a new date for delivery; or cancelling the purchase order with a full refund of the amounts paid.
If it is impossible to carry out the delivery of the purchased products due to the user's absence, these may be returned to the owner, or sent to the storage centers of the company in charge of delivery. In such circumstances, a record of this situation must be left by means of a notice placed at the address indicated for delivery, stating the manner in which the purchased products may be sent to the user again, or the place where the user may collect them.
In cases where the user must collect the purchased products at a specific place, and more than 30 days elapse from the moment the purchased products are available for delivery without their being delivered for reasons beyond the owner's control, it shall be understood that the user wishes to withdraw from the purchase order and it shall be cancelled. Consequently, the payments received from the user shall be returned to them, except for the additional expenses the owner has had to incur. The maximum period for making this refund shall be 14 calendar days from the date on which the relationship is terminated.
In cases of purchase or acquisition of goods, delivery of the purchased products shall be understood to have taken place at the moment when the user or a third party authorized by them takes material possession of said products, which shall be evidenced by the signature acknowledging receipt of the order at the address indicated for delivery.
For the purposes of article 2249 of the Código Civil Federal (Mexican Federal Civil Code), the sale shall be understood to be completed as of the issuance of the purchase order, and therefore from that moment the user shall obtain ownership of the purchased products; nevertheless, the user shall assume responsibility for the care of the purchased products, as well as the risks entailed by their possession, use or storage from the moment of their delivery.
VI. USER RIGHTS.
In cases where the user acquires the available products through the website, they shall be entitled to all the rights that have been established in their favor as a consumer under the laws of the Mexican state, and specifically the following:
a) To know, prior to the purchase and/or contracting, the total amount payable for the goods, products or service offered to them through the website.
b) In cases where the user acquires goods for human or animal consumption, prior to the purchase, the user shall have the right to know the elements, substances or ingredients from which they are made or composed, as well as: their properties, characteristics, expiration date, net content, drained weight or mass, and warnings related to their consumption and preservation.
c) Without prejudice to the provisions of tax legislation, the user shall have the right to receive the invoice, receipt or proof of purchase for the purchased products; these may be included or attached to the purchase order, and must contain the specific data of the acquisition, purchase, contracting or any transaction carried out that has generated a cost for the user.
d) To have the information they provide treated confidentially, and therefore it may not be disclosed or transmitted to other suppliers or sellers unrelated to the transaction, except by judicial requirement.
e) To know, prior to entering into the transaction, the physical address, telephone number and other data necessary to file claims or request clarifications from the owner.
f) In the case of goods or products, they shall have the right to withdraw from the acquisition or purchase of the purchased products, without need for justification, for a period of 3 calendar days and, in the event that the products need to be shipped to the user, for as long as they have not been shipped by the owner. In these cases, the user shall have the right to be reimbursed for all payments made. The user may withdraw from the acquisition, purchase or contracting carried out through the following email: hello@theeverydaylab.com.
Likewise, the user shall have the right to return the purchased products within a period of 15 business days from the date on which they received the goods or products. In these cases, the user shall only have the right to be reimbursed for the cost of the goods or products purchased, and therefore shall not have the right to be reimbursed for the expenses the owner incurred in delivering said items to them. The user may inform the owner of their intention to return the goods or products by the means indicated in the previous paragraph. They may also go directly to return the purchased products at the following address:
Fuente de Hadas 1 col lomas de tecamachalco, 52780
When the return involves shipping the product to the owner, the user shall bear the shipping costs. In addition, they shall be responsible for the diminished value of the purchased products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods or products purchased.
For customized products, or those that may deteriorate or expire quickly, as well as optical media storing music or video without wrapping, and products that for reasons of hygiene or health are received sealed and whose seal has been removed after delivery, returns shall not be accepted.
The user accepts that every return must be made using the original packaging, must include the instructions and documents that accompany the goods or products, where applicable, and must include a copy of the invoice, receipt or proof of purchase.
In the case of services, the user may not withdraw from their acquisition or contracting once these have been completed; in any case, they may only claim for a deficiency in the quality of the same. When these are still being performed, the user may withdraw from them by paying 30 % of the total cost, plus the expenses the owner has incurred in carrying out the user's requirements. In the case of services accessed through a license or subscription, the user shall have the right to cancel them by covering only the total cost of the period in which the cancellation takes place. It shall be at the user's choice to continue receiving the services until the date through which they have been paid for.
In any of the cases mentioned, the user must communicate their decision clearly and unequivocally.
On the other hand, in cases where the user considers, at the time of delivery, that the items they receive do not conform to what is stipulated in the purchase order, they must contact the owner immediately and inform them of the defect, or, where applicable, that they have received items different from those requested, using for this purpose the following email address: hello@theeverydaylab.com.
When the user receives products different from those requested, they must return the products they have received and the owner must send again the products actually purchased by the user. In these cases, all shipping or transportation costs shall be borne by the owner. When the user considers that they have received a defective product, the user shall contact the owner through the means of contact indicated and shall be informed of the manner in which the return of the products will be carried out, and once a review of the same has been made, they shall be informed within a reasonable period whether the refund is appropriate, or, where applicable, the replacement of the same. This period may not exceed 10 calendar days.
The refund or replacement of the product shall be carried out as soon as possible and, in any case, within the 15 days following the date on which the appropriateness of the refund or replacement of the item is confirmed. In cases where a refund is appropriate due to a defect in the product, the user shall be reimbursed for all the expenses they have incurred, including delivery costs and the expenses they incurred in carrying out the return.
The user shall enjoy the warranties they may acquire or contract through the website itself on the purchased products, under the terms legally established for each type of product, with the owner being liable for the defects the products present within the period established in the warranty acquired, where applicable.
In addition, the user may enforce the warranties included with products manufactured by third parties other than the owner. In these cases, they may contact the brand or manufacturer of the product to exercise their rights during the time the warranty is in effect.
VII. EXCLUSIONS OF LIABILITY.
The user releases the owner from any liability in the following cases:
When a failure occurs in the fulfillment of the owner's obligations and this is caused by circumstances beyond the owner's control, whether by fortuitous event or force majeure, or by the breach of a third party on which the owner depends in order to fulfill its obligations.
When the failures mentioned in the previous paragraph generate loss of profit (in any form, including: loss of income or of anticipated savings, additional expenses, or breach of the user's obligations toward third parties) or any direct or indirect loss suffered by the user, provided this was not reasonably foreseeable by the parties at the time the purchased products were acquired, bought or contracted, the owner shall not be liable for such losses.
The same shall apply when the mentioned failures occur as a result of a breach by the company in charge of carrying out the delivery, or when those same failures derive from events such as the following: strikes, road closures, acts of vandalism, demonstrations, and in general any activity beyond the owner's control that delays the delivery or causes damage to or loss of the product. The foregoing shall also apply when the acts mentioned generate a delay, suspension or malfunction of the contracted services.
In the cases mentioned, the owner's obligations shall be suspended during the period in which it is unable to fulfill its obligations and it shall have an extension of the period to fulfill them for a period of time equal to the duration of the cause giving rise to the non-performance, plus the time originally granted to fulfill them. The owner shall use all reasonable means to find a solution, or an alternative that allows it to fulfill its obligations despite the circumstances affecting it.
Nor shall the owner be liable when the breach of its obligations toward the user derives from a law, decree or administrative order, or from a judicial mandate.
Nor shall the owner be liable for the misuse and/or wear of the purchased products that have been used by the user. Likewise, when the user decides to return the purchased products, under no circumstances shall the owner be responsible for an erroneous return made by the user. It shall be the user's responsibility to return the correct product. Similarly, there shall be no liability for the owner when there are insignificant, minimal or imperceptible differences between the product received and the image that may have been shown to promote the good or product.
VIII. NOTICES AND COMMUNICATION BETWEEN THE PARTIES.
By using this website, the user accepts that most communications with the owner will be electronic, that is, through email or notices published on the website.
The user may send notices and/or communicate with the owner through the contact details indicated in these Conditions and, where applicable, through the contact spaces enabled on the website.
Likewise, unless otherwise stipulated in the purchase order, or in the product listings, the owner may contact and/or notify the user at their email address or directly at their home address, if this has been provided.
IX. WAIVER AND NULLITY.
No waiver by the owner of a specific right or legal action in its favor shall imply the waiver of other rights or actions deriving from a contract or from these General Conditions, nor shall it release the user from the fulfillment of their obligations. In cases where the owner waives any of its rights or actions, it must do so in writing, specifically indicating the right or action being waived and, where applicable, indicating the terms for it to take effect.
Likewise, when the owner fails to make a demand upon the user regarding the fulfillment of their obligations, such omission may in no way be understood to imply any waiver of the rights or actions the owner has in its favor. Nor shall it be understood that the user has fulfilled their obligations.
If any part of these General Conditions is declared null or without effect by a final decision issued by a competent authority, the remaining clauses and content shall remain in force, without being affected by such declaration of nullity.
X. INTEGRITY OF THE AGREEMENT.
These General Conditions and every document expressly referred to in them, as well as the images and texts included in the description of the available products, shall constitute the entire agreement existing between the user and the owner in relation to the acquisition, sale and purchase, contracting, or any legal act they carry out; and it replaces any other prior pact, agreement or promise established verbally or in writing by the same parties.
XI. DATA PROTECTION.
The information or personal data that the user provides to the owner in the course of a transaction on the website shall be processed in accordance with the provisions of the data protection policies (which you may consult in our privacy notice). By using the website, the user consents to the processing of such information, and declares that all the information or data they provide is truthful.
XII. APPLICABLE LEGISLATION AND JURISDICTION.
Access to, browsing of and use of the website, as well as the acquisition, purchase and/or contracting of the products available through it, shall be governed by the laws applicable in the Mexican state.
Any controversy, problem or disagreement related to the interpretation or application of these General Conditions shall be submitted to the ordinary jurisdiction of the courts that correspond under the law in the place referred to. Last modified: 09/04/2024