Terms and Conditions
BLUE RESTAURANTS
I.- CONTRACTUAL RELATIONSHIP.
These Terms and Conditions of Use (hereinafter the “Terms” and/or “Conditions”) govern the access, content and/or use of the products and services offered through the website or internet site azul.rest (hereinafter the “Portal”, the “Service” or the “Services”), made available by Sopa de Tortilla Restaurante SA de CV, a commercial company incorporated under the laws of the United Mexican States, with registered office at Av. Nuevo León # 68, Col. Hipódromo, Cuauhtémoc, 06100, CDMX, registered in the Public Registry of Property and Commerce under the commercial folio number 426194-1, (hereinafter “Azul Restaurantes”).
By using the Services, you become a user of the Portal (hereinafter, the “User”) and agree fully and without reservation to each and every one of the provisions included in these Terms and Conditions from the moment you access the Portal. Therefore, you should carefully read these Terms and Conditions each time you intend to use the Portal, as they may be modified.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES:
By accepting these Terms and Conditions, you agree to access and use the Services and establish a contractual relationship between you and Azul Restaurantes. If you do not accept these Terms and Conditions, you may not access the Portal or use the Services. These Terms and Conditions expressly supersede any prior agreements or understandings between the parties.
Supplemental terms and conditions may apply to certain Services, such as policies for a specific product, event, experience, shipment, activity, or promotion. These supplemental terms and conditions will be communicated to you at the time of contracting or acquiring the corresponding Service. These supplemental terms and conditions apply in addition to the Terms and Conditions and are considered part of them for the purposes of the applicable Services. In the event of any discrepancy between the supplemental terms and conditions and the Terms and Conditions with respect to the Services in question, the supplemental terms and conditions will prevail over the Terms and Conditions.
Azul Restaurantes may modify the Terms and Conditions relating to the Services when it deems appropriate. Modifications will be effective after Azul Restaurantes publishes the updated Terms and Conditions and, where applicable, any supplementary conditions on this Portal. The User's continued access to or use of the Services after such publication constitutes acceptance of and agreement to the Terms and Conditions in effect at the time of use of the Portal and the Services.
Additionally, the User will be subject to any additional terms and conditions that may apply when using affiliated services, content published by third parties, or third-party software.
Azul Restaurantes collects and uses personal information in connection with the Services in accordance with its Privacy Notice, available on the website azul.rest. Azul Restaurantes may provide any necessary information (including the User's contact information) to a claims processor or insurer if there are complaints, disputes, or conflicts, which may include a breach of contract, involving you or a third party, and such information or data is necessary to resolve the complaint, dispute, or conflict.
II.- OBJECT.
Once accessing the Portal, the User will have the possibility to consult information and acquire various consumer goods or services online (hereinafter referred to as “Product”) in accordance with the purpose and content of the Website.
III.- USE OF THE PORTAL.
Access to the azul.rest Portal is free of charge.
To access the Portal, the User is responsible for having an electronic device with an Internet connection and for the costs arising from it.
Azul Restaurantes is the sole owner of all intellectual property rights, whether registered or unregistered, including:
names, logos, images, videos, service marks, domain name, projects, software, texts and data.
included in the Portal. The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any part of the content or services of the Portal, Products, use of or access to the services.
To access and use the Service independently, the User must be over 18 years of age. Otherwise, they must do so under the supervision and with the consent of their parents, guardians, or legal representatives, as applicable, who will be solely responsible for the actions of the minors under their care. They will also be responsible for determining which content and services are suitable for access by minors.
Certain products and/or services available on the Portal may require registration or subscription. The User acknowledges that, by providing personal information, they grant Azul Restaurantes the authorization stipulated in Article 109 of the Federal Copyright Law. If the User decides to register or subscribe to any of these services or related features, they agree to provide true and accurate information about themselves and to promptly update that information if any changes occur. In any case, the User will be solely responsible for any false statements or inaccurate information provided and for any damages caused to Azul Restaurantes or third parties as a result of the information provided.
During the registration process, the user agrees to receive occasional promotional emails related to the Portal; however, they can subsequently opt out of receiving such promotional emails by clicking on the corresponding link found at the bottom of any promotional email.
In cases where the User decides to use any service or tool that allows the User to publish information or content on or through the Portal, the User agrees and undertakes to use the Portal's tools in accordance with applicable laws, morality, good customs, public order, and the content of these Terms and Conditions. By way of example, but not limitation, the User agrees to refrain from any of the following conduct:
- Introducing, posting, emailing, or otherwise transmitting any content that i) violates applicable laws, morality, and good customs, ii) harms, threatens, abuses, attacks, defames, slanders, or violates the privacy of third parties, iii) incites discrimination of any kind, racial, ethnic, and/or religious hatred, iv) or is otherwise contrary to the provisions of this Notice is prohibited. Failure to comply may result in Azul Restaurantes suspending the User's Services immediately.
- Impersonating another person or entity, introducing false, altered or distorted data causing error, confusion, misunderstanding or deception.
- Falsifying headers or otherwise manipulating identifiers to conceal the origin of any content transmitted through the Services.
- Entering, posting, emailing, or otherwise transmitting any content that you do not have the right to transmit by legal, contractual, or fiduciary provision (privileged information, confidential information, sensitive information, personal data of third parties, among others).
- Any action, act or activity that infringes copyrights, patents, trademarks, trade secrets, reproduction rights or any other intellectual property rights of Azul Restaurantes and/or any third party.
- Introducing, posting, emailing or otherwise transmitting any advertising, promotional material, junk mail, chain letters, pyramid schemes, or any other form of solicitation, except in areas of the Portal that may be expressly designated for that purpose.
- Introducing, posting, emailing, or otherwise transmitting any material that contains computer program viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
- Interfering with or disrupting the Services and/or the servers or internal networks connected to the Services.
- Violating any applicable law within the national territory, whether local, state, federal, or international
- Any other activity contrary to the law and good morals.
IV.- MODIFICATIONS, CANCELLATION, SUSPENSION AND TERMINATION OF SERVICES.
The Portal and the provision of the Services have an indefinite duration. Notwithstanding the foregoing, Azul Restaurantes may terminate these Terms and Conditions, cease offering, modify, limit and/or deny access to any of the Products and Services, unilaterally, at any time and without prior notice.
Azul Restaurantes does not undertake at any time to warn Users in advance of the modification, cancellation, suspension or termination of the Portal Services.
Azul Restaurantes will have the right to modify or discontinue the content of the Portal or any of its Services or any part thereof, temporarily or permanently, at any time.
Azul Restaurantes will not be liable to users or third parties for any modification, suspension, or interruption of the Service. Azul Restaurantes may withdraw or suspend the provision of Services at any time and without prior notice to those Users who violate these Terms and Conditions.
The User agrees that Azul Restaurantes will not be liable in any case to the User or third parties for any termination or limitation of access to the Services.
V.- DATA PROTECTION.
The data collected by Azul Restaurantes from the User during the use of the Portal will be processed by Azul Restaurantes in accordance with the Privacy Notice incorporated herein by reference. Given that the Portal complies with the Federal Law on the Protection of Personal Data Held by Private Parties, Users will have access to the Privacy Notice from the Portal.
VI.- AVAILABILITY.
The services and/or products offered on the Portal are subject to availability, therefore delivery times may vary and will be notified in advance by Azul Restaurantes. In some cases, orders may be canceled and charges refunded to the user.
VII.- PURCHASE.
To purchase a Product, the User must pay for the selected Product and applicable taxes through the payment service providers that Azul Restaurantes makes available to the User on the Portal. The User may purchase products through the Portal and pick them up at the selected Azul Restaurantes location.
Once the User has made the purchase, after accepting the Terms and Conditions, Azul Restaurants will send an email to the User informing them of the details of the purchase made.
VIII.- ORDER OF ACCEPTANCE AND PRICES.
All prices for Products published on the Portal include VAT.
If for any reason the listed price is less than $1.00, please contact our customer service center, whose contact information is provided on the Portal. Unless there is an explicit promotion stating otherwise, under no circumstances should any product be considered to have a price lower than one Mexican peso or to be free. Orders placed under this assumption will be canceled without prior notice.
IX.- PAYMENT.
Payment for products purchased on the Portal may be made through any of the payment methods offered by the Portal, which consist of EVO Payments Mexico. The list of payment methods offered may be subject to change at any time without prior notice to Users. Payment by credit card or any other online payment method must be made through the Portal and is subject to approval by the financial institution that owns the payment method.
The order number assigned when you complete the transaction on the Portal does not imply acceptance of the transaction. If there is any problem with your order, you will be notified by email or telephone.
Azul Restaurantes will send the purchase confirmation via email. The product will only be released for delivery to the user after payment confirmation.
Azul Restaurantes reserves the right to request official documents from its Users as a means of validating the process of acquiring products through the Portal.
In the event that the corresponding banking institution is unaware of charges made to the User's credit card for transactions carried out on the Portal, Azul Restaurantes reserves the right to initiate appropriate legal action and establish criminal, civil, or other liability; as well as to take all necessary internal actions to collect the agreed-upon price of the purchase, which may range from a new charge to the User's credit card to the User's permanent removal from the Portal. No prior consent or authorization from the User will be required for any of the provisions in this paragraph.
X.- PRODUCT WARRANTY.
Once the merchandise has been delivered and received by the User, it will be understood that the delivery conditions were optimal and no claim will be made for this concept outside of what is established in the following paragraph.
If the merchandise has manufacturing or workmanship defects, the User must contact Customer Service to report the problem, and a service order will be created. The User must report the defect in their Service and/or Product to Customer Service via email at facturacionazulcondesa@azul.rest or by phone at 52 55 5286 6380, Monday through Friday from 12:00 PM to 9:00 PM. If this report is not made within two (2) hours of receiving the Product, or, if received outside of those hours, by 9:00 AM on the next business day, the warranty provided in this clause will not apply.
Azul Restaurantes may request photographic evidence from the User to verify the condition of the Product and/or Service. Based on these reviews, it will be determined whether the Product and/or Service has any original defects or has suffered misuse or malicious damage.
If the Product has a manufacturing defect, a new Product will be delivered to the User at no cost. The new Product received by the User will be the latest version and not necessarily the version available at the time of purchase. If the User does not agree to receive a newer version, they may request a refund by contacting Customer Service. A discount for manufacturing defects may also be agreed upon by both parties.
XI.- CANCELLATIONS.
The User may cancel the purchase of Products only by contacting the selected point of sale directly. Cancellation will only be accepted if the intention to cancel the order is communicated at least one (1) hour in advance and/or if the Products have not yet been prepared.
In the event of a cancellation of the purchase made by the User, fulfilling the requirements established in the previous paragraph, the amount paid by the User will be refunded in accordance with the "Refunds" section of these Terms and Conditions.
XII.- CHANGES.
Azul Restaurantes will not make exchanges or refunds for Products purchased by the User that do not meet the conditions stipulated in the two preceding clauses. No changes or modifications to the order will be accepted after the purchase has been made.
XIII. REIMBURSEMENTS.
In the event of cancellations in accordance with the provisions of clause eleven, refunds will be made directly at the selected point of sale, provided that the User has complied with the requirements for an effective cancellation.
XIV.- BILLING.
If an invoice is required, the User may request it by email to facturacionazulcondesa@azul.rest with the details of their consumption ticket and if they have any problem generating it, they can call to request support at 52 1 55 5286 6380 providing the details of their consumption ticket.
Invoices must be requested within the same month in which the Product and/or Service was purchased. Invoice requests for purchases made outside of this period will not be processed.
When requesting an invoice, the User will need to provide the following tax information to Azul restaurants:
- Order number that needs to be invoiced
- RFC with homoclave
- Full name or company name
- Email address where the invoice will be sent
- Full address
Once the corresponding invoice has been issued, Azul Restaurantes will not be able to re-invoice or issue subsequent invoices for the same order number.
XV.- DELIVERY TIME.
Deliveries will normally be made during open hours from 12:00 to 21:30.
Azul Restaurantes reserves the right to modify these conditions at any time and without being obliged to give prior notice.
All delivery dates and times provided on the Portal, in advertising, press releases, and automated emails are estimates and do not necessarily commit Azul Restaurantes to respect said estimated date and/or time.
XVI.- LEGISLATION AND JURISDICTION.
In the event of any dispute between Azul Restaurantes and the User, the parties expressly and irrevocably submit to the jurisdiction of the courts of Mexico City, under the laws of the United Mexican States, thereby waiving any jurisdiction that may correspond to them by reason of their present or future domicile.
XVII.- CUSTOMER SERVICE AND ATTENTION.
Our commitment to you is to deliver your order as quickly as possible while maintaining the highest quality and best service. Therefore, our payment processing and validation systems are designed to be as efficient as possible. If you have any questions, concerns, complaints, or suggestions, please contact us through the following channels:
Email: facturacionazulcondesa@azul.rest
Telephone: 52 55 5286 6380
Official Facebook page: https://www.facebook.com/restaurantesazul
Official Instagram account: https://www.instagram.com/azulrestaurantes/
Official Twitter account: https://twitter.com/AZUL_CDMX
Our customer service hours for resolving issues with an ongoing order are Monday to Friday from 12:00 to 21:30.
Our customer service hours for general inquiries are Monday through Friday from 12:00 PM to 10:00 PM. Last updated: May 30, 2021.
