Terms and Conditions

Terms and Conditions of Use and Sale for Charmify

Table of Contents

1. Introduction
2. Definitions
3. General Conditions of Use
4. Purchase and Sale Conditions
5. Shipping and Delivery Policies
6. Return and Refund Policies
7. Legal Disclaimer
8. Marketplace for External Sellers
9. Indemnification
10. Purchases over $5,000
11. Applicable Law and Jurisdiction
12. Contact
13. Terms and Conditions Updates

1. Introduction This document establishes the General Conditions of Use and Sale ("Conditions") that govern access to and use of the Charmify website, located at Avenida Constitución sin, El N., Centro, 64000 Monterrey, N.L., accessible through the domain thecharmify.com ("Website"). By accessing the Website or making a transaction, you acknowledge having read, understood, and accepted these Conditions without reservation. These Conditions are designed to comply with applicable laws and regulations in Mexico, but it is recommended to review them with legal advice to ensure compliance with other relevant jurisdictions.

2. Definitions

• "Customer": Any person who uses the Website or makes a transaction through it.
• "Products": Items listed and sold on the Website.
• "External Seller": Third parties supplying products that Charmify decides to list and sell through the Website, operating under a Drop Shipping model and being responsible for shipping the products.

3. General Conditions of Use Customers must use the Website in accordance with applicable laws and regulations, site policies, and these Conditions. The use of the website for fraudulent, defamatory, illegal, or rights-violating purposes is prohibited. User accounts must be created truthfully, maintaining updated and complete information. Each Customer is responsible for the use of their account, including the confidentiality and security of their login information. Charmify reserves the right to restrict or terminate access to the Website for any user who violates these General Conditions of Use without prior notice.

4. Purchase and Sale Conditions Charmify operates under a Drop Shipping model. While we process payments and receive transaction funds, we do not own or possess the products sold on the Website. Products are the property and responsibility of External Sellers, our direct suppliers who handle product shipping.

When making a purchase, the Customer is transacting directly with the External Seller, with Charmify acting as an intermediary facilitating the transaction and processing the payment. Product photos are provided by External Sellers, who also declare the legality of the offered products.

5. Shipping and Delivery Policies Charmify Commitment: At Charmify, we are committed to ensuring that your orders arrive on time, maintaining pressure on our External Sellers to meet shipping deadlines. Our goal is for customers to receive products in perfect condition and within the agreed-upon time.

Order Processing: Upon receiving orders on our charmify.com.mx website, we process them within 3 business days, following the confirmation of payment and shipping details.

Shipping Times: Shipments are handled by our External Sellers, mostly located in China. The average delivery time is 21 business days. However, this time may vary depending on the destination, time of year, and customs regulations.

Shipment Tracking: We will provide you with a tracking number, which you can use to monitor your package online once the order has been dispatched by the External Seller. This tracking number will be sent to the email you provided.

Shipping Costs: The shipping cost will be calculated automatically during the checkout process, based on the destination and weight of the package. Additional costs may apply for certain products or destinations.

Customs and Taxes: Charmify assumes no responsibility for additional charges such as customs or taxes applied in the destination country. These charges are the customer's responsibility.

Responsibility for Damaged or Lost Packages: If you experience issues such as damage or loss of your package during shipping, please contact our customer service team as soon as possible. We will take necessary measures to resolve any problems and ensure your satisfaction.

6. Warranty and Claims Policy Charmify Quality Commitment: At Charmify, we take pride in the quality and design of the products offered by our External Sellers. We are committed to providing an exceptional shopping experience that includes ensuring products meet the quality standards set by External Sellers. Additionally, Charmify acts as an intermediary to protect your purchase in case of any breach by External Sellers.

Warranty Period: All products purchased through charmify.com.mx are covered by a 1-month warranty from the date of receipt. This warranty extends only to manufacturing defects, including materials and workmanship.

Warranty Request Procedure: If you believe you have received a defective product, you must:

1. Submit a warranty request to our customer service team.
2. Detail the product's flaws, preferably including images.
3. Include relevant order information, such as the purchase number and date.

Warranty Assessment and Fulfillment Process: Once we receive and evaluate the warranty request, we will act as follows:

• If the request is approved, we will replace the defective product at no additional cost. If the product is unavailable, we will refund the total cost of the product.
• We will coordinate the reshipment of the replaced product with the customer and provide shipment tracking.
• Refund or replacement will be processed within 10 business days.

Warranty Exclusions: This warranty does not cover:

• Normal wear and tear of the product.
• Damage caused by misuse, accidents, or alterations.
• The warranty is valid only for the original buyer and is not transferable.

7. Legal Disclaimer and Limitation of Liability Website Use: Access and use of Charmify.com.mx are subject to this Legal Disclaimer. By accessing or using any part of this website, including making a purchase, you agree to the terms and conditions set forth herein.

Clarification of Associations: At Charmify.com.mx, we have no affiliation, endorsement, or association with brands such as Pandora, Gnoce, Palace Characters, Tienda Encanto, or any other official distributor of these brands, nor with online stores selling similar products.

Intellectual Property Rights: We strive to respect all intellectual property rights and comply with all applicable laws and regulations.

Limitation of Liability: Charmify acts solely as an intermediary between the supplier and the end customer. We do not assume responsibility for acts, omissions, or breaches by third parties, including suppliers and External Sellers.

Responsibility for Users and Visitors: Charmify and its owners assume no responsibility for any damage or harm that may arise from accessing or using the website, including accessing the information presented on it, whether a purchase is made or not.

Relationship with External Sellers: We do not assume legal responsibility for the acts or breaches of External Sellers.

Indemnification: By using our website, you agree to indemnify and hold harmless Charmify and its owners, employees, and agents from any legal claim or demand.

Contact: If you have any questions or concerns related to this Legal Disclaimer, feel free to contact our customer service team.

8. Marketplace for External Sellers Charmify serves as a marketplace committed to facilitating transactions between external sellers and customers, offering a secure and satisfying shopping experience. The products listed and sold on the website are the exclusive property and responsibility of external sellers, but Charmify ensures that products are delivered on time and meet established quality expectations.

Quality and Service: While we do not manufacture the products offered by external sellers, we are committed to ensuring they meet certain quality standards. Any issues related to product quality will be actively resolved by Charmify to protect the customer's purchase from the external seller.

Dispute Resolution: Charmify takes an active role in resolving any disputes, claims, or controversies that may arise between the customer and the external seller, committed to finding a satisfactory solution for all parties involved.

Suspension of External Sellers: We reserve the right to suspend or remove any external seller who does not comply with our terms and conditions, including violations of applicable laws and regulations, or who has a history of quality or customer service issues.

Legal Liability of External Sellers: While Charmify strives to resolve disputes and ensure quality, external sellers are solely responsible for any claims, losses, damages, or costs that may arise from their use of the Charmify platform.

9. Indemnification By using this website, you agree to indemnify, defend, and hold harmless Charmify, its directors, employees, suppliers, and third-party associates from any legal claim, demand, loss, expense, direct or indirect damage, and costs, including reasonable legal fees, arising from:

a) Your misuse of the website, b) Your violation of these Conditions, c) Your violation of third-party rights, including intellectual property or privacy rights, d) Any dispute between you and an external seller, even though Charmify is committed to mediating in such a dispute.

Charmify reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification on your part, in which case you will cooperate with Charmify in the defense of such matter.

10. Purchases over $5,000 MXN For all transactions exceeding $5,000 Mexican pesos, customers will be required to provide a copy of their INE (National Electoral Identification) as part of the verification process. Additionally, the customer must sign a "Guarantee Agreement" provided by Charmify to ensure the integrity of the order and protect both parties against any fraud or chargeback attempts. By making a purchase exceeding this amount, the customer automatically agrees to comply with these additional requirements. Failure to follow these additional steps may result in the cancellation of the order by Charmify.

11. Applicable Law and Jurisdiction These Conditions will be governed and interpreted in accordance with the laws of the United Mexican States. In the event of a dispute related to products or services offered by an external seller on our platform, Charmify will provide contact information for the external seller so that the parties involved can resolve the dispute directly.

For all other disputes, the parties agree to seek a friendly resolution in good faith through direct negotiation or alternative dispute resolution methods, such as mediation or arbitration, before resorting to legal action. If a friendly resolution is not reached, the parties will submit to the competent courts of Mexico City to resolve any controversy.

12. Contact For any inquiries, doubts, or clarifications, you can contact us through the "Contact" section on our Website.

13. Terms and Conditions Updates Charmify reserves the right to modify or update these Conditions at any time, and it is your responsibility to review them periodically.