Privacy policy

TERMS OF USE AND GENERAL CONDITIONS

Welcome to http://WWW.GAELATULUM.COM/

This site is offered as an information service. Please review the following basic rules that govern the use of our SITE (the "Agreement"). Please note that the use of our SITE implies the unconditional acceptance to comply with and be bound by these Terms and Conditions. MEOD, S.A. de C.V. (hereinafter "GAELA TULUM"), is the owner of the domain "HTTP://WWW.GAELATULUM.COM" and reserves the right to update or modify these Terms and Conditions at any time, without prior notice.

The use of the SITE http://WWW.GAELATULUM.COM/ after such modifications implies your unconditional acceptance to comply with and be bound by the modified Terms and Conditions. For this reason, we invite you to review these Terms and Conditions each time you use this SITE. The user accepts these terms from the moment they access the SITE and its mobile applications (hereinafter collectively referred to as the "SITE"). These terms apply to your use of the products offered (hereinafter, the "Products") by GAELA TULUM.

COPYRIGHT AND TRADEMARKS

Unless otherwise stated, all materials, including images, texts, illustrations, designs, icons, photographs, programs, videos, and other written or visual content that form part of the content (hereinafter collectively referred to as the "SITE") are copyrights, trademarks, trade dress, and/or intellectual property rights that are owned by, controlled by, or licensed to GAELA TULUM, and are protected by the Copyright Law, the Industrial Property Law, and other applicable laws of Mexico, as well as by International Treaties to which Mexico is a party. The compilation (meaning the collection, arrangement, and assembly) of all content on this SITE is the exclusive property of GAELA TULUM and is also protected by Mexican and international laws.

Access to this SITE does not grant and shall not be construed as granting any license to use the intellectual property rights of GAELA TULUM.

No license to use any trademark or service mark is granted in connection with the materials contained in the SITE. Access to the SITE does not authorize any person to use in any way any name, logo, or trademark.

References on the SITE to names, trademarks, products, or services of third parties or hyperlinks to third-party websites or information are provided solely for convenience and do not constitute or imply any endorsement, sponsorship, or recommendation by GAELA TULUM regarding any third party, information, product, or service. Therefore, GAELA TULUM is not responsible for the content of third-party websites and makes no representations regarding the content or accuracy of the material on such websites. If you decide to access third-party websites, you do so entirely at your own risk.

USE OF THE SITE

The SITE and all its contents are intended for personal use only. Commercial use of the products offered does not imply the transfer of any rights over the materials, content, or software downloaded or copied as a result. All software used on this site is the property of GAELA TULUM and is protected by the Copyright Law, the Industrial Property Law, and other applicable Mexican laws, as well as by international treaties to which Mexico is a party. Illegal use of the content of this site, including reproduction, modification, distribution, transmission, republication, display, or development, is strictly prohibited.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the SITE, including, but not limited to: (a) accessing data not intended for them or logging into a server or account they are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, but not limited to, via the submission of a virus to the SITE, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. GAELA TULUM will investigate occurrences that may involve such violations and may include and cooperate with competent authorities in pursuing legal actions against users involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the SITE or any activity conducted on it. Additionally, you agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including but not limited to browsers, search engines, robots, avatars, or intelligent agents) to navigate or search the SITE other than the search tools and agents provided by the company on this SITE or generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.).

General

This Agreement represents the entire understanding between the parties and supersedes all prior agreements and statements between them. If any provision of this Agreement is found to be unenforceable for any reason, that provision shall be modified only to the extent necessary to make it enforceable, and the remainder of the provisions shall continue in full force and effect.

This Agreement shall be governed by and interpreted in accordance with the laws of the United Mexican States. Any action or proceeding arising out of or related to this Agreement or the use of this SITE must be brought before the state or federal courts of Mexico.

Colors

We have made every effort to display as accurately as possible the colors of the materials, textiles, and fibers shown and appearing on the SITE. However, the actual colors you see will depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate.

Termination

These terms remain in effect unless and until either the USERS or GAELA TULUM terminate them. You may terminate this Agreement at any time, provided that you cease all use of this SITE. GAELA TULUM may also terminate this Agreement at any time and may do so immediately without prior notice, thereby denying you access to the SITE, if in GAELA TULUM’s sole discretion you fail to comply with any term or provision of this Agreement.

Disclaimer

GAELA TULUM provides this SITE "AS IS" and "AS AVAILABLE." It makes no representations or warranties of any kind, express or implied, regarding the operation of the SITE or the information, content, materials, or PRODUCTS included therein. To the extent permitted by applicable law, GAELA TULUM disclaims all warranties, including but not limited to warranties of durability of garments, clothing, accessories, etc. Consequently, with respect to the products displayed or their possible handling, or whether they are suitable for the purposes for which the Products may be intended—such as resistance to temperature, water, washing method, dry cleaning, etc.—PRODUCT PURCHASE USERS acknowledge that such use IS AT THEIR OWN RISK.

LIMITATION OF LIABILITY

Under no circumstances and under no legal theory shall GAELA TULUM or any of its employees, directors, officers, representatives, vendors, or suppliers be liable to any PRODUCT PURCHASE OR SALE USER, or to any other person, for any loss or damages of any kind, whether indirect, special, incidental, or consequential, arising from or related to the use of or inability to use the SITE.

**TERMS AND CONDITIONS OF PURCHASE AND SALE FOR USERS OF THE SITE **HTTP://GAELATULUM.COM

Introduction

Welcome to the shopping SITE http://GAELATULUM.MX/. This SITE is owned and operated by MEOD, S.A. DE C.V., with its registered office in Mexico, and Federal Taxpayer Registry Number MEO170824IG1. The SITE is provided as a service to our customers. The use of the services and purchases implies your express acceptance of all the conditions established in these Terms and Conditions and their annexes, as well as other policies and principles incorporated herein by reference.

Our Purchase Services and Users

The services offered on our SITE are reserved exclusively for users over the age of 18. It is the responsibility of parents or legal guardians to supervise the behavior of minors who access the SITE.

GAELA TULUM may cancel or restrict access to your account or the application if any misuse of the SITE or the products offered therein is detected. Misuse includes, but is not limited to, the following scenarios:

• Using the SITE to resell products without the consent of the trademark holders or for any other commercial use of the SITE and its contents. • Using automated mechanisms, tools, or similar technology to extract, obtain, or collect information from the SITE, either directly or indirectly. • Attempting to modify, adapt, translate, or convert the formats or software of the SITE or its content. • Using the HTML codes made available for unauthorized third-party use. • Collecting and using descriptions or photographs of the content hosted on the digital platform. • Copying, imitating, or replicating content for use on mirror servers; reproducing, distributing, publishing, downloading, displaying, or transmitting any content from the SITE (including trademarks) in any form or by any means, including but not limited to: electronic, mechanical, photocopying, recording, or any other method. • Accessing data not intended for the user or logging into a server or account the user is not authorized to access. • Attempting to interfere with the service provided to any user, host, or network, including, but not limited to, by sending viruses to the SITE, overloading, flooding, spamming, mail bombing, or causing system failures. • Sending unsolicited emails, including promotions and/or advertising of products or services. • Forging any TCP/IP header or any part of the header information in any email or newsgroup posting. • Attempting or engaging in fraudulent activities, including but not limited to identity or payment method falsification.

GAELA TULUM aims to make available to third-party users, hereinafter referred to as "PRODUCT PURCHASE USERS," the sale of clothing, garments, and other accessories, hereinafter referred to as "THE PRODUCTS," of its own brand through the SITE. The PRODUCT PURCHASE USERS acknowledge and accept that they are solely responsible for the items they acquire, for the items published for sale, and for the offers and/or purchases made.

Registration

To use the product purchase services, you must register by completing the registration form or by using an acceptable service from a third party authorized by GAELA TULUM.

You must also accept the Privacy Notice and the Terms and Conditions.

If at any time GAELA TULUM detects that a child under the age of 18 has provided personal data and/or placed an order, the data and/or order will be canceled. Additionally, parents or legal guardians may contact GAELA TULUM at any time to request the blocking of the account.

User Information, Account, and Password

The information you provide will be protected and treated in accordance with our Privacy Notice.

Account and Password for PRODUCT PURCHASE USERS

If you choose or are provided with a user identification code, password, or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to third parties and must ensure that you log out of your account at the end of each session.

GAELA TULUM reserves the right to deactivate any user identification code or password, whether chosen by you or assigned by us, at any time if we have reason to suspect a security breach or if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

Purchase

If you purchase a PRODUCT from the Catalog, you must use our payment and shipping services. Please refer to the corresponding sections.

PURCHASE, CONTRACTING, AND PAYMENT OF PRODUCTS

a. Use of Password. When creating an account on the website, our platform will link your account to the email address of the PRODUCT PURCHASE USER and to the security password chosen by the PRODUCT PURCHASE USER, which only the user should know. In this way, your password becomes associated with your identity and user profile on the Portal, thereby forming your electronic signature under the terms provided by the Commercial Code.

By using this password, you allow us to identify you in the digital environment and attribute to you the acts and transactions you carry out on the SITE. GAELA TULUM has the right to: (i) assume that the data messages associated with your electronic signature or account originate from a user linked to said signature and/or account and to act accordingly on the received message (e.g., process a purchase); (ii) consider that the data message you sent corresponds exactly to what you intended to send; and (iii) consider that the submission of your Purchase Order via the website using your account and/or passwords and/or your electronic signature implies your will free of any defect, and that only upon the issuance of the Purchase Confirmation by GAELA TULUM will the consent for the binding sale of the selected products be deemed formed.

b. Information Provided to the Product Purchase User Before the Transaction.

Before placing an Order, the user will have the opportunity to review the characteristics of the products and the applicable "Terms and Conditions" for the purchase (including the price, charges, payment methods, and any special conditions that may apply to the sales contract, including but not limited to additional fees of any kind). This information generally appears in the product information sheets associated with each item, in compliance with the Federal Consumer Protection Law. Every product sale is governed by the Product Information Sheets, these "Terms and Conditions," the Purchase Order, the Purchase Confirmation, and the Purchase, Returns, and Cancellations Policy (collectively, the "Contractual Documents of the Site"). If you have any questions regarding the products you intend to purchase, please contact the GAELA TULUM Customer Service Center.

c. Prices.

Prices are expressed in Mexican pesos, the legal currency of the United Mexican States. The prices of the products are those displayed on the Website and, unless otherwise indicated, include applicable taxes. Before clicking the payment button, you will be able to see the total price to be paid and any applicable discounts; the taxes to be paid will be itemized according to the terms established by applicable regulations.

d. Product Availability.

The products displayed on the Website are part of our PRODUCT Catalog. All products are subject to availability, and therefore may be out of stock at the time you place your Order. Please note that the presence of items in the Online Catalog on the Website does not constitute a unilateral offer to sell those products by GAELA TULUM. Rather, when you submit a Purchase Order to us, you are making an offer to purchase a product from our catalog. If we accept your offer, you will receive a data message confirming your Purchase.

e. Product Sale.

Since the Purchase Order submitted by the User through the Website was created using the GAELA TULUM account, in accordance with Article 90 bis and other applicable provisions of the Commercial Code, GAELA TULUM is authorized to review said Purchase Order. If the selected PRODUCTS are available, a Purchase Confirmation will be issued. The sale becomes perfected and binding for both parties at the moment you receive a Purchase Confirmation message from GAELA TULUM through the Website. Typically, your credit card is charged at the time we issue the Purchase Confirmation.

f. Product Delivery.

The terms applicable to product delivery vary depending on the type of product purchased. In general, products are delivered according to the terms outlined in the Delivery, Returns, and Cancellations Policy and the Delivery Terms provided in the corresponding product information sheet.

h. Cancellation of Purchase Orders by GAELA TULUM.

SITE users agree that GAELA TULUM reserves the right to annul or partially or fully cancel any transaction after the Purchase Confirmation and before the actual sale is finalized. In such cases, GAELA TULUM will contact you and notify you that your order has been canceled. If an order is canceled, we will not charge your credit card, or if already charged, we will notify you that your Order has been canceled and will refund the amount to the credit card used for the payment.

The PRODUCT PURCHASE USER agrees that GAELA TULUM may annul or cancel the purchase and issue the corresponding refund when the cancellation arises from, or is caused by, among other things, the following situations:

i. Typographical or input errors; ii. Failures in GAELA TULUM's computer systems;

iii. The existence of inaccuracies or errors in the information provided for a product in our Catalog, or regarding its price or availability; iv. Actions taken by GAELA TULUM to ensure fairness among Users in cases where several users request the same products and their availability is limited; v. Possible risks related to the user or their payment method as identified by our credit or fraud prevention departments; vi. Situations beyond GAELA TULUM’s control that limit or prevent the delivery of a service; vii. If GAELA TULUM determines that you have failed to comply with any of the terms set forth in the Contractual Documents of the Site.

Satisfaction Guarantee, Returns, and Cancellations

GAELA TULUM offers a full satisfaction guarantee to its users with respect to the PRODUCTS purchased.

j. Online Payments.

Our online payment system only accepts payments via Visa, MasterCard, American Express, and PayPal. Before completing your Purchase Order, you must provide the billing address associated with your card and your credit card details through the Website, including card number, cardholder name, expiration date, and security code. For certain products or during special promotions, specific payment terms will be indicated in the product information sheets.

Please note that GAELA TULUM does not store your credit card information; this data is obtained directly from you through a highly secure section of our Website, managed by the company we have contracted to process payments. The payment processor will request authorization for your purchase from the issuing bank. GAELA TULUM has implemented various measures to ensure your online payment is processed safely and securely. For more information, please refer to our Privacy Notice.

Contract Confirmation and Payment Authorization

When you click “PAY” on the payment page, you, the PRODUCT PURCHASE USER, confirm that you are entering into a contract with GAELA TULUM to purchase the selected product from the catalog.

By entering into a contract to purchase a PRODUCT from the catalog, you guarantee and represent that you have the legal right to enter into such a transaction.

You may only terminate the contract if permitted by law.

When you enter into a contract with GAELA TULUM, the corresponding amount will be immediately charged to your credit or debit card through PayPal, Mercado Pago, or any other applicable processor, as selected by the PRODUCT PURCHASE USER. For more information, please refer to the "Payments" section below.

Both parties, GAELA TULUM and the PRODUCT PURCHASE USER, are responsible for all obligations and applicable tax charges related to the sale and purchase of the PRODUCTS.

axes

As mentioned above, GAELA TULUM is responsible for the proper fulfillment of its tax obligations as established by current law and undertakes to issue tax receipts for transactions it carries out in accordance with the Miscellaneous Tax Resolution in effect for 2022.

Payment Services

PRODUCT PURCHASE USERS must pay for Catalog PRODUCTS using a credit or debit card through the SITE's payment services to GAELA TULUM.

Payments must be made in the currency specified on the SITE, and all prices are shown with VAT (where applicable), as well as any other applicable taxes, but exclude shipping and insurance costs.

PRODUCT PURCHASE USERS are responsible for any shipping costs, including any insurance fees, unless otherwise mutually agreed by the parties.

Payments for Catalog PRODUCTS must be made in advance. The PRODUCT PURCHASE USER’s credit or debit card will be charged when the contract to purchase a PRODUCT is entered into, as previously described.

GAELA TULUM uses an external service provider to process payments and store credit or debit card information. When USERS use our payment services, they are accepting the terms and conditions of said provider. We are not responsible for the actions or omissions of the provider. You are solely responsible for the transmission of your credit or debit card information, and we hereby exclude all liability to the extent permitted by law.

Shipping Services

The cost of the shipping service is listed in the cost schedule and must be paid by the PRODUCT PURCHASE USER of the Catalog PRODUCT.

After entering into the contract with the PRODUCT PURCHASE USER for the purchase of one of the Catalog PRODUCTS, we will send confirmation of the purchase.

Acceptance

To protect the PRODUCT PURCHASE USER, we will hold the purchase price of the PRODUCT for a minimum of 2 days following the date the item is delivered or was scheduled to be delivered.

If the PRODUCT PURCHASE USER receives an item that does not materially match its description on the SITE, the USER must notify us using the USER FORM AND GUIDE within 2 days of receipt. Similarly, if a PRODUCT is not received, the USER must notify us using the USER FORM AND GUIDE.

If the PRODUCT PURCHASE USER does not contact us within 2 days following delivery of an item as described above, it will be considered that the USER accepts the PRODUCT subject to the purchase agreement.

Warranty of Purchased Products

GAELA TULUM warrants its items against any manufacturing defects from the date of delivery to the PRODUCT PURCHASE USER.

The duration of this warranty is 30 days from the date the item is delivered to the PRODUCT PURCHASE USER.

During the warranty period, the purchased product must be cared for in accordance with the care specifications indicated on the items.

CONDITIONS AND EXCLUSIONS

This warranty is not valid if the item has been used under conditions other than normal use or if the care instructions were not followed. The warranty does not cover intentional handling, physical damage, accidents, or damage caused by any type of liquids.

HOW TO CLAIM THE WARRANTY

To enforce this warranty, the PRODUCT PURCHASE USER must, no later than 30 calendar days after receiving the item, send an email to info@gaelatulum.com indicating the defect of the item along with photographic evidence. GAELA TULUM’s team will evaluate the claim and then contact the PRODUCT USER to indicate whether the warranty is applicable. If so, the remedy will consist of the replacement, repair of the defective item, or a refund of the purchase price upon return of the item.

EXCHANGE OR RETURN PROCESS

Upon authorization of the warranty application by GAELA TULUM, the PRODUCT USER shall send the defective item to the address provided via email using the shipping service indicated by GAELA TULUM in the same email. GAELA TULUM will cover the shipping costs. Once the item subject to the warranty is received, GAELA TULUM will proceed with the replacement and resend the item to the address provided by the PRODUCT USER.

Refund

If a refund is applicable, it will be processed within 7 days of receiving the returned package. The refund will be issued to the original payment method: credit/debit card or PayPal. Once the refund is processed, a refund notification email will be sent to the PRODUCT USER. The timing of the refund depends on the payment method and the credit institution involved.

Reviews, Suggestions, and Comments

For all reviews, comments, feedback, suggestions, ideas, and other communications posted, submitted, or offered to GAELA TULUM or through this SITE, whether by email, phone, or otherwise in connection with your use of this SITE, you grant the SITE the irrevocable and non-transferable right to use such reviews, comments, or suggestions at no cost, in any way GAELA TULUM deems appropriate. This includes, without limitation, the right to copy, modify, delete in full, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such comments and/or incorporate them into any form, medium, or technology worldwide.

GAELA TULUM shall have the right to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any comment made without any restriction and without compensation. GAELA TULUM is under no obligation to (1) maintain any comment in confidence; (2) pay any USER any compensation for any comment; or (3) respond to any comment submitted by USERS.

Furthermore, the user agrees that any comment on the SITE will not violate these Terms of Use or infringe in any way upon the rights of third parties, including but not limited to copyrights, image rights, trademarks, trade secrets, privacy, or other personal or proprietary rights, and that it will not cause harm to any person or entity. Additionally, the user agrees that no comment submitted on the SITE will be or contain defamatory or unlawful, threatening, abusive, or obscene material, nor will it contain software viruses, political campaigns, commercial solicitations, chain letters, mass mailings, or any form of "spam."

GAELA TULUM does not regularly review posted comments but reserves the right (without being obligated) to monitor, edit, or remove any comment submitted to the SITE. USERS grant GAELA TULUM the right to use the name submitted in connection with any comment and agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comment submitted. USERS remain solely responsible for the content of any comments they make and agree to indemnify GAELA TULUM for any claims resulting from such comments. GAELATULUM.com assumes no responsibility or liability for any comments submitted under REVIEWS, SUGGESTIONS, AND COMMENTS.

Viruses

We do not guarantee that this SITE will be secure or free from bugs or viruses.

Promotions

From time to time, we may post promotions, contests, games, or prize drawings on the SITE with special terms and conditions applicable to them. If there is any conflict between those special terms and conditions and these Terms and Conditions, the special terms will prevail.

Force Majeure or Events Beyond Control

We will not be in breach of these Terms and Conditions or liable for any delay or failure in performance of any of our obligations under these Terms and Conditions if such delay or failure results from events, circumstances, or causes beyond our reasonable control. In such cases, we shall be entitled to a reasonable extension of time to fulfill those obligations.

Data Protection

All personal data provided during the use of the SITE and/or App will be processed in accordance with applicable regulations and as stated in the PRIVACY NOTICE.

Cookie Policy

The use of data storage and retrieval devices, also known as cookies or similar technologies, through the SITE will be governed by the COOKIE POLICY, which is accessible at all times from the SITE.

Sanctions and Suspension of Operations

Without prejudice to other measures, GAELA TULUM may issue warnings, temporarily suspend or permanently disable a user account or publication, apply a sanction that negatively affects a user's reputation, initiate appropriate legal actions, and/or suspend the provision of its product purchase services if: (a) any law is broken, or any stipulation of the Terms and Conditions or other GAELA TULUM policies is violated.

Violation of User Terms and Conditions

GAELA TULUM requests that all Users report any violation of the “Terms and Conditions” as soon as they become aware of it, through any means of communication.

Use of Information and Database

Through GAELA TULUM’s Portal, two types of information are obtained: (I) Personal information: This identifies the User individually and includes, among other things, name, address, postal code, email, telephone number, Federal Taxpayer Registry, etc. (II) Aggregated information: This describes demographic data and usage patterns of the Portal. Accordingly, the User acknowledges and agrees that the aggregated information helps diagnose server issues and manage the Porta

Use and Ownership of Information

All personal and aggregated information obtained from the User through use of the Portal will constitute a database owned by GAELA TULUM. This information is stored with protective measures to prevent loss, misuse, alteration, or interception by third parties; nonetheless, GAELA TULUM upholds the moral responsibility to safeguard such information.

The User acknowledges and agrees that GAELA TULUM does not obtain information automatically—it must be voluntarily provided by the User. It is at the User's discretion whether or not to share personal information in order to receive various products, services, promotions, or information from the website or related hosted pages or sites linked to the Portal.

However, under no circumstances will GAELA TULUM share the personal information you provide on its website with any unrelated organization. Nevertheless, by this means, you expressly authorize GAELA TULUM, pursuant to Article 76 BIS, Section I of the Federal Consumer Protection Law and Articles 8, 16, 36, 37, and other applicable articles of the Federal Law on the Protection of Personal Data Held by Private Parties, to share the provided personal information with individuals or companies contracted to perform internal operations of the website, or with any Authority that formally requests it in accordance with the law, for information regarding a specific individual.

Use of Personal Data

GAELA TULUM will use USERS' personal data for the purposes described in the privacy notice. For more information about the handling of your personal data and the rights you may exercise, you can access GAELA TULUM’s comprehensive privacy notice directly on the SITE.

Waiver

The failure of GAELA TULUM to exercise or enforce any right or provision of the "Terms and Conditions" shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by GAELA TULUM.

Third Party Rights

Unless expressly provided by applicable law, no third party who is not a party to this Agreement shall have any right to enforce any of the provisions contained in the SITE’s Contractual Documents.

Questions, Complaints, and Claims

In compliance with Article 76 BIS Section III of the Federal Consumer Protection Law, GAELA TULUM hereby states that in case of any questions, complaints, and/or claims of any kind regarding the items or the content of the SITE’s Contractual Documents, you may contact us through the phone numbers and addresses available in the “Contact Us” section of our SITE and via email at info@gaelatulum.com.

Headings

The headings and subheadings contained in these "Terms and Conditions" are provided solely for reference or convenience of identification and carry no legal or contractual effect.

If you have any questions regarding the terms of use, please contact us at the following address: info@gaelatulum.com

Validity, Interpretation, Jurisdiction, and Governing Law

If any of the provisions contained in the "Terms and Conditions" are found to be invalid or unenforceable by a court or tribunal of competent jurisdiction, both parties agree to request that the court endeavor to give effect to the intentions expressed by the parties as reflected in such provisions. However, the remaining provisions of this contract will remain valid and fully enforceable.

By accessing the GAELA TULUM Portal, the User expressly and irrevocably agrees that this Contract, as well as the relationship between the User and GAELA TULUM, will be governed and interpreted in accordance with the laws of the United Mexican States.

For any dispute, the parties may first approach the Federal Consumer Protection Agency for administrative reconciliation; if the differences persist, the parties expressly submit to the jurisdiction of the courts located in Mexico City, expressly waiving any other jurisdiction that might correspond to them by reason of their present or future domiciles, or any location where the products were requested or accessed through the Portal.

Non-Mexican Users

In the event that the User is of a nationality other than Mexican, they expressly waive the protection of the laws and authorities of their country of origin and agree to submit expressly and irrevocably to the jurisdiction of the courts located in Mexico City. Additionally, both the User and GAELA TULUM waive any other jurisdiction that may correspond to them by reason of their current or future domiciles, or any place where the products or services were requested or accessed through the Portal.

Modifications

GAELA TULUM may modify these “Terms and Conditions” and, in general, the SITE’s Contractual Documents from time to time. In such case, we will publish the new version of the modified document on the SITE and indicate the date of the last update in the document. Any changes or modifications will take effect 30 calendar days after the publication date. If you do not agree with the new Contractual Documents of the SITE, please stop using the SITE. By continuing to use our SITE after the effective date of any of the modified Contractual Documents, you signify your consent to the terms contained therein. Notwithstanding the foregoing, please note that modifications will not be applied retroactively to orders in the process of delivery, which will continue to be governed by the Contractual Documents of the SITE that were in effect at the time of the Purchase Confirmation.

Confidentiality

GAELA TULUM is aware that for the creation of the account, password, electronic signature, and use of the SITE, the User has provided personal information on the SITE. Therefore, in compliance with Article 76 BIS of the Federal Consumer Protection Law, GAELA TULUM commits to maintaining such information in confidentiality. Except as provided in these Terms and Conditions, this information will not be disclosed to any person, and GAELA TULUM agrees not to reveal, publish, disclose, appropriate, or use, directly or indirectly, such information.

Registration with PROFECO

GAELA TULUM and the User acknowledge that the SITE’s Contractual Documents, including but not limited to these Terms and Conditions, do not imply disproportionate obligations for the Users, nor inequitable or abusive terms, nor do any clauses or text violate the provisions of the Federal Consumer Protection Law.