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Terms and Conditions

AZUL RESTAURANTS

I.- CONTRACTUAL RELATIONSHIP.

 

These Terms and Conditions of use (hereinafter the "Terms" and/or "Conditions") regulate the access, content and/or use of the products and services offered through the website or website 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 commercial folio number 426194-1, (hereinafter “Azul Restaurantes”).

 

The use of the Services attributes to you the condition of user of the Portal (hereinafter, the "User") and implies full and unreserved acceptance of each and every one of the provisions included in these Terms and Conditions from the moment in which the User accesses the Portal. Consequently, the User must carefully read these Terms and Conditions on each of the occasions in which he intends to use the Portal, since they may be modified.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES:

 

By accepting these Terms and Conditions, access to and use of the Services is regulated and a contractual relationship is established between you and Azul Restaurantes. If you do not accept these Terms and Conditions, you will not be able to access the Portal or use the Services. These Terms and Conditions expressly replace previous agreements or commitments entered into between the parties.

 

Supplementary terms may apply to certain Services, such as policies for a specific product, event, experience, shipment, activity, or particular promotion. Said supplementary conditions will be communicated to you at the time of contracting or acquiring the corresponding Service. The supplemental conditions apply in a complementary way to the Terms and Conditions and will be considered part of these for the purposes of the applicable Services. The supplementary conditions will prevail over the Terms and Conditions in case of discrepancy between them with respect to the Services in question.

 

Azul Restaurantes may modify the Terms and Conditions related to the Services when it deems appropriate. The modifications will be effective after the publication by Azul Restaurantes of the update of said Terms and Conditions and, where appropriate, of the supplementary conditions applicable on this Portal. The access or continued use of the Services by the User after said publication constitutes the acceptance and binding to the Terms and Conditions in force at the time of the use of the Portal and the Services.

 

Likewise, the User will be subject to the additional terms and conditions that may be applicable when using affiliated services, content published by third parties, or third party software.

 

The collection and use made by Azul Restaurantes of personal information in relation to the Services is carried out in accordance with the provisions of the Privacy Notice of Azul Restaurantes, available on the website azul.rest. Azul Restaurantes may provide a claims processor or an insurer with any necessary information (including User contact information) if there are any complaints, disputes or conflicts, which may include a breach of contract, involving You and a third party and such information or such data were necessary to resolve the complaint, dispute or conflict.

 

II.- OBJECT.

 

Once accessing the Portal, the User will have the possibility of consulting information and acquiring 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 derived from it.

 

Azul Restaurantes is the sole owner of the intellectual property rights, whether registered or unregistered, including:

names, logos, images, videos, service marks, domain names, projects, software, texts and data.

 

included in the Portal. The User undertakes 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 services.

 

To access and use the Service independently, the User must be over 18 years of age. Otherwise, you must do so under the supervision and consent of your parents, guardians or legal representatives, as the case may be, who in turn will be solely responsible for the acts carried out by the minors under their care. They will also be responsible for determining what content and services are suitable for access by minors.

 

Certain Products and/or services available on the Portal may require a registration or subscription. The User acknowledges that, by providing personal information, he grants Azul Restaurantes the authorization indicated in article 109 of the Federal Copyright Law. If the User decides to register or subscribe to any of these services or related functions, the User agrees to provide true and accurate information regarding himself, and to promptly update that information if there are any changes. In any case, the User will be solely responsible for any false statements or inaccurate information provided and for the damages caused to Azul Restaurantes or to third parties due to the information provided.

 

During the registration process, the user agrees to receive promotional emails sporadically related to the Portal; however, you may later opt out of receiving such promotional emails by clicking on the appropriate link at the bottom of any promotional email.

 

In the cases in which the User decides to make use of any service or tool that allows the User to publish any information or content on the Portal or through it, the User agrees and obliges to use the Portal tools in accordance with the laws that result. applicable, 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 carrying out any of the behaviors indicated below:

 

    Introduce, publish, send by email or otherwise transmit any content that i) goes against applicable laws, morality and good customs, ii) harms, threatens, abuses, attacks, defames, slanders or violates privacy of third parties, iii) generates discrimination of any kind, racial, ethnic and/or religious hatred, iv) or that in any other way is contrary to what is established in this Notice. Otherwise, Azul Restaurantes may suspend the Services to the User immediately. Impersonate another person or entity, enter false, altered or distorted data causing error, confusion, misunderstanding or deception. Falsify headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Services. Enter, post, email, or otherwise transmit any content that you do not have a right to transmit by law, contract, or fiduciary (inside information, confidential information, sensitive information, personal data of third parties, among others). Any action, act or activity that infringes copyrights, patents, registered trademarks, trade secrets, reproduction rights or any other intellectual property right of Azul Restaurantes and/or any third party .Introduce, post, send emails or otherwise otherwise transmit any advertising, promotional material, junk mail, chain letters, pyramid schemes, or any other form of solicitation, except in the areas of the Portal that may be expressly designated for that purpose. Enter, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or equipment of telecommunications. Interfere with or interrupt the Services and/or the servers or internal networks connected to the Services. Violate any applicable law in the national territory, whether local, state, federal or international. Any other activity contrary to the law and good traditions.

 

IV.- MODIFICATIONS, CANCELLATION, SUSPENSION AND TERMINATION OF THE SERVICES.

 

The Portal and the provision of the Services have an indefinite duration. Notwithstanding the foregoing, Azul Restaurantes may terminate these Terms and Conditions, stop 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 notify 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 to those Users who fail to comply with the provisions of these Terms and Conditions at any time and without prior notice.

 

The User accepts that Azul Restaurantes will not be responsible in any case before 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 that is incorporated by reference to this document. In the understanding that the Portal complies with the Law on 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 existence and availability, so the delivery time may vary prior notice from Azul Restaurantes. You can even proceed with the cancellation of the order and the return of the charges to the User.

 

VII.- BUY.

 

In order to make the purchase of the Product, the User must make the payment for the selected Product and corresponding 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 collect them at the selected Azul Restaurantes point of sale.

 

Once the purchase has been made by the User, upon acceptance of the Terms and Conditions, Azul Restaurantes will send an email to the User informing the details of the purchase made.

 

VIII.- ORDER OF ACCEPTANCE AND PRICES.

 

All the prices of the Products published on the Portal include VAT.

 

If for any reason the listed price is less than $1.00, please contact the customer service center, whose contact information is provided on the Portal. In the absence of an express promotion that announces it, for no reason should it be understood that any Product has a price of less than one Mexican peso or is free. Orders made under this assumption will be canceled without prior notice.

 

IX.- PAYMENT

 

Payment for the Product purchased on the Portal may be made through any of the means of payment offered by the Portal, which consist of EVO Payments México. 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 means of online payment must be made on the Portal and will be subject to the approval of the financial institution that owns the means of payment.

 

The order number that is assigned when carrying out the transaction on the Portal does not imply acceptance of the transaction. In case of having a problem with your order, this circumstance will be communicated to the User by email or by telephone.

 

Azul Restaurantes will send the purchase confirmation via email. Only after confirmation of payment will the Product be released for delivery to the User.

 

Azul Restaurantes reserves the right to request official documents from its Users as a means of validation of the product acquisition process through the Portal.

 

In case of ignorance on the part of the corresponding banking institution of the charges made to the User's credit card for operations carried out on the Portal, Azul Restaurantes reserves the right to initiate the corresponding legal actions and establish criminal, civil or of any other nature; as well as to carry out all those internal actions necessary to achieve the collection of the agreed price in the purchase, which may range from a new charge to the User's credit card, to the final removal of the User from the Portal. Consent or prior authorization by the User will not be required for anything provided 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 said concept outside of what is established in the following paragraph.

 

When the merchandise has manufacturing or processing defects, the User must contact the Customer Service area to express their problem and a service order will be issued. The User must report the defect in their Service and/or Product to the Customer Service area by email facturacionazulcondesa@azul.rest or by phone 52 55 5286 6380, Monday through Friday from 12:00 to 21: 00 hours. If said report is not made within a period of 2 (two) hours from the moment of receiving the Product or, if received outside of those hours, by 9:00 a.m. the following business day, the guarantee provided for in this clause will not apply.

 

Azul Restaurantes may request graphic evidence (photographs) from the User to verify the status of the Product and/or Service. Based on these reviews, it will be determined if the Product and/or Service have any original defect or have suffered misuse or malicious damage.

If the Product were to show manufacturing damage, a new Product will be delivered to the User at no cost. The new Product received by the User will correspond to its most recent version and not necessarily to the version available at the time the purchase was made. If the User does not agree to receive a more updated version, they may request a refund of their money by contacting the Customer Service department. The option to receive a discount for defects of origin may also be agreed between both parties.

 

XI.- CANCELLATIONS.

 

The User may cancel the purchase of Products only by communicating directly at the selected point of sale. The cancellation will only be appropriate if the intentions to cancel the order are communicated at least 1 (one) hour in advance and/or if the Products have not yet been produced.

 

In the event of a cancellation of the purchase made by the User, meeting 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 changes or returns for Products purchased by the User that do not update the assumptions provided in the two previous clauses. After the purchase is made, no changes or modifications to the order will be accepted.

 
XIII.- REFUNDS.

 

In case of cancellations in accordance with the provisions of the eleventh clause, refunds will be made directly at the selected point of sale, as long as the User has met the requirements for an effective cancellation.

 

XIV.- BILLING.

 

In case of requiring an invoice, the User may request it by email facturacionazulcondesa@azul.rest with the data of his consumption ticket and if he had any details to generate it, he may send calls by phone to request support at 52 1 55 5286 6380 providing the data of your consumption ticket.

 

Invoices must be requested within the same month in which the purchase of the Product and/or Service was made. Invoice requests will not be made for purchases made outside of said period.

 

When requesting the invoice, it will be necessary for the User to provide the following tax information to Azul restaurantes:

 

    Order number that is required to be invoiced RFC with homoclave Full name or company name Email to which the invoice will arrive Full address

 

Once the corresponding invoice is issued, Azul Restaurantes may not 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 p.m. to 9:30 p.m.

 

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, advertising, press releases, and automatic 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 a 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 States of Mexico, thus waiving any jurisdiction that may correspond to them. by reason of his present or future domicile.

 

XVII.- SERVICE AND CUSTOMER CARE.

 

Our commitment to you is to deliver in the shortest possible time and with the highest quality and best service. For this reason, our payment processing and validation systems are as agile 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 service hours for solving problems with an order in progress are from Monday to Friday from 12:00 to 21:30.

 

Our office hours for general questions are Monday through Friday from 12:00 a.m. to 12:00 p.m. Update date: May 30, 2021.



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