Terms and Conditions of Payment
Valid from: October 28th, 2018
These conditions of use (General Conditions) constitute an agreement between any person (individually, User, and collectively, Users) wishing to access and/or use the conekta service of Beautiful Mesoamerica, (Registered trademark by physical person: José Antonio Mejía Pérez), in which case the User will be subject to the terms and conditions governing to conekta of this web site of the mark Beautiful Mesoamerica.
These General Conditions describe the user’s of Beautiful Mesoamerica and conekta’s rights and liabilities on using the payment processing service, the web site and any related product or service offered by conekta (collectively, Service).
The User should read, understand and accept all the conditions set forth in these General Conditions and other policies and principles incorporated by reference here to before registering as a Beautiful Mesoamerica user or costumer.
If you do not accept the general terms and conditions that are mandatory to maintain your safety and that of this website, you must abstain from using the Beautiful Mesoamerica website.
Any User wishing to use the Service should register in Beautiful Mesoamerica and accept the General Conditions, even upon abbreviated registration as “Guest”. To register, the user needs to complete the registration form with valid data and true, accurate and precise personal information (“Personal Data”) in all fields. The data provided is totally restricted and will be registered in the database only for Beautiful Mesoamerica. In all cases, Users do guarantee and will be held liable for the truthfulness, accuracy, integrity, validity and authenticity of the recorded Personal Data. All the information and the Personal Data recorded by the User will be deemed a sworn statement.
Beautiful Mesoamerica reserves the right to request additional receipts and/or information in order to verify the Personal Data provided by a user, as well as to temporarily or definitively suspend Users in case their information cannot be verified and hurt Beautiful Mesoamerica.
The registration of data is only for background and the relevant shipment according to the information provided to Beautiful Mesoamerica.
Payment Management. Power of Attorney
a) Payment Management Agreement. The User may enter into payment agreements with Beautiful Mesoamerica, making a Request for Payment Management, sending such request through the Contact to Beautiful Mesoamerica or our Fanpage. Email: email@example.com and Fanpage: https://www.facebook.com/BeautifulMesoamerica/
The Parties agree that completed Payment Management Requests will be governed by these general terms and conditions (jointly with the conditions specific for each Payment Management Request, “Payment Management Service Terms and Conditions”).
b) Irrevocable Power of Attorney. On completing a payment management request, the user will grant conekta an irrevocable power of attorney so that it may: pay on its behalf a certain amount of money regarding which the payment management request is completed (“Funds”) and/or collect the funds on its behalf, subject to the payment service terms and conditions.
The power of attorney granted by the User includes an authorization to dispose on its behalf of certain funds of its conekta account and to transfer the Funds to a certain recipient by crediting a Beautiful Mesoamerica account designated according to its instructions. Furthermore, the power of attorney involves an authorization by the User to collect and credit the Funds in its Beautiful Mesoamerica account according to its instructions. Beautiful Mesoamerica will not use the User’s Funds for any purposes other than those specifically instructed by the User.
c) Execution of the Payment Management Request. The Payment Management Request will be executed by the User by sending a Payment Management Request online form detailing instructions regarding the Funds. Beautiful Mesoamerica reserves the right to refrain from processing payment management requests which are incomplete or if there are inconsistencies between the data provided by the Users and those specifically entered in Beautiful Mesoamerica or in case Beautiful Mesoamerica (conekta) deems it convenient without having to justify such decision. The User will be exclusively liable for payment instructions and their consequences. Beautiful Mesoamerica will not verify the cause or the obligation giving rise to the payment instruction or other circumstances regarding the payment instruction. The payment instructions introduced in a payment management request may only be made through the web site or platform conekta, and no payment instruction will be processed or deemed valid if made through other means external to the web site or platform conekta.
d) Perfection of the Request. The Payment Management Request will not be deemed perfected and Beautiful Mesoamerica will not take on any obligation or liability whatsoever under it until conekta: has accepted the User’s Payment Management Request (it is expressly stated that Konecta may refrain from accepting the Payment Management Request with no justification of cause and without incurring any liability), and has received the whole amount of freely-disposable Funds.
e) Liability for the Request. Beautiful Mesoamerica will not incur any liability for any orders, instructions, Payment Management Requests and/or wrong or incomplete payments resulting from the erroneous entry of an e-mail address, relevant information on the recipient or the payment transaction made by the User.
f) Conekta and Beautiful Mesoamerica’s Liability for Payment Instructions. conekta will not be liable for or guarantee the performance of the obligations taken on by Users with third parties regarding payments to be made or collect through the Platform. The User acknowledges and accepts that all transactions conducted with other Users or third parties are made out of its free will, with its full consent and at its sole risk and liability. Beautiful Mesoamerica will under no circumstances be deemed liable for any lost profits or for any damages which the User may have sustained as a result of the transactions made or failed to be made through conekta’s Platform and Beautiful Mesoamerica’s website. Since Beautiful Mesoamerica is not subject to the obligation giving rise to the Payment Management Request, it will not be held liable or be under a duty to verify the causes, amount or any other circumstance regarding said Request or the existence, quality, quantity, working condition, status, integrity or legitimacy of the goods or services offered, acquired or purchased by Users and paid using conekta, as well as the Users’ contracting capacity and the truthfulness of the Personal Data provided by them. Users have a period of 15 days to make a claim after receiving Beautiful Mesoamerica products.
Delivery, Application and Withdrawal of Funds
Delivery of Funds by the User. Once conekta has accepted a Payment Management Request by the User, the User will have to transfer to conekta the amount of money necessary to meet the payment instruction. The User will deliver the Funds to Beautiful Mesoamerica through the use of: any of the means available to such effect and authorized by conekta; or the Funds available in its Beautiful Mesoamerica Account, provided they are sufficient to meet all the instructions given in the Payment Management Request; otherwise, said Request will not be processed.
The crediting of Funds in the User’s Beautiful Mesoamerica Account will be made within three (3) working days as from the date on which conekta receives the authorization of the means of payment used in the transaction. This term might be longer if the User is required to comply with some verification process by conekta in order to be able to process the Payment Management Request.
Beautiful Mesoamerica will use all reasonable endeavors to guarantee that the above term is met. However, the User understands that due to certain factors, mostly external to Beautiful Mesoamerica, there may be delays and, consequently, it releases Beautiful Mesoamerica from all liabilities arising out of the resulting damages or inconveniences.
Shopping Cart and Payment Button
This section applies specifically to the use of the shopping cart (“Shopping Cart”) and the payment button (“Buy Now Button”) offered by Beautiful Mesoamerica (the Shopping Cart and the Buy Now Button will be collectively referred to as “Purchase Tools”).
a) Requirements. Only previously registered Users may use any of the Purchase Tools; to such effect, conekta reserves the right to request additional information or verify Personal Data. The Users that using the Purchase Tools will be called “Buyers”.
b) Liability for the Site Where Selling Tools are Used. Beautiful Mesoamerica will be solely and exclusively liable for all the contents on the Website. Should one or more Users or any third party bring any kind of court, out-of-court, or administrative claim or action against Beautiful Mesomerica, the seller who has followed up must take responsibility and inform, detail in detail, of the whole situation, (said seller must have an informational bulletin board for the client’s security as well as the company itself). Failure to comply with this obligation by one of the sellers will entitle Beautiful Mesoamerica to terminate any agreement at any time, including the employment contract itself, by operation of law, compensate to client for damage or to Beautiful Mesoamerica.
The seller must carry out the packaging and shipping of products in a safe manner, according to the policies of Beautiful Mesoamerica.
c) Customer Service. Beautiful Mesoamerica will make any follow-up, through its vendor in charge of the platforms, to track sales so that, for any circumstance, there will be a record of all sales made through the platforms as well as product shipments. Any event of delivery of products must be notified as agreed in the previous points of these conditions. If the product arrives broken (in case of accessories, Huichol art and/or black pottery) the corresponding replacement will be made.