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STORE & WEBSITE POLICY

CUSTOMER CARE

OVERVIEW

Terms and Conditions

These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the supply of goods and services by Moctezuma Tres Amigos Nordic, operated by Tres Amigos Nordic ApS, VAT DK-41733160, with registered contact details as follows:

Moctezuma Tres Amigos Nordic
Tres Amigos Nordic ApS
VAT DK-41733160
+45 26274788
nordic@tresamigos.dk

Warehouse & Logistics Address:

Deliveries Port 5
Priorsvej 31, Port 5
8600 Silkeborg
Denmark

1. Application of Terms and Conditions

These Terms and Conditions apply to all agreements for the supply of goods and services by Moctezuma Tres Amigos Nordic to customers. By placing an order with us, you agree to be bound by these Terms and Conditions.

2. Scope of Services

Moctezuma Tres Amigos Nordic offers a range of goods and services, including but not limited to the sale and distribution of food products, beverages, and related merchandise.

3. Ordering and Payment

Orders can be placed through our website or by contacting us directly via phone or email. Payment terms will be specified at the time of purchase and may vary depending on the nature of the transaction.

4. Delivery

Delivery of goods will be made to the address specified by the customer at the time of order placement. We aim to fulfill orders promptly and efficiently, but delivery times may vary depending on the availability of stock and other factors beyond our control.

5. Returns and Refunds

Please refer to our Return Policy for information on returns and refunds.

6. Liability

Moctezuma Tres Amigos Nordic shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use our products or services.

7. Privacy

We are committed to protecting your privacy. Please refer to our Privacy Policy for details on how we collect, use, and safeguard your personal information.

8. Changes to Terms and Conditions

Moctezuma Tres Amigos Nordic reserves the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website.

9. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Denmark. Any disputes arising out of or relating to these Terms and Conditions shall be resolved exclusively by the courts of Denmark.

10. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at the following:

Moctezuma Tres Amigos Nordic
Tres Amigos Nordic ApS
VAT DK-41733160
+45 26274788
nordic@tresamigos.dk

SECTION 1 - DEFINITIONS AND INTERPRETATION

1.1. For the purposes of these Terms and Conditions, unless otherwise stated below or as the context requires, the following terms, when prefixed with a capital letter, have the following meanings:

“Business Day” means a day on which banks in the Czech Republic are open to the public;

“Civil Code” means the Czech Act No. 89/2012 Coll., the Civil Code, as amended;

“Contract Documentation” means the applicable Purchase Agreement, including its proposal, i.e., the Order, concluded Purchase Agreement and these Terms and Conditions, and any storing and transportation instructions provided by the Supplier on the labelling of the Products or as a part of their presentation or within their delivery;

“Customer” means an entrepreneur entering into a contractual relationship with the Supplier, in accordance with these Terms and Conditions as defined below;

“Order” means an order of a Product made by the Customer, as the buyer, in writing or electronically to the Supplier, as the seller; the Order is also a draft Purchase Agreement;

“Parties” means jointly or individually the Customer and the Supplier;

“Product(s)” means the goods sold by the Supplier to the Customer under the conditions set out in the Purchase Agreement and these Terms and Conditions;

“Purchase Agreement” means any individual Purchase Agreement concluded between the Parties whose subject matter is the sale of the Product by the Supplier to the Customer;

“Supplier” means Moctezuma Foods s.r.o., with its registered office at Tiskařská 599/12, Malešice, 108 00 Prague 10, Czech Republic, ID No. (IČ) 050 33 543, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 257227; and

“VAT” means value added tax.

1.2. Unless expressly stated otherwise or as the context requires, the above terms retain their initial meaning when used with a capital letter and / or in plural or singular where appropriate, when used in any part of the Contract Documentation, and must therefore be used within the meaning of the above meaning, and references to the Articles in these Terms and Conditions shall mean references to the Articles of these Terms and Conditions.

1.3. Where the Contract Documentation specifies terms or dates by the number of days, months and years, it is meant calendar days, months and years, unless explicitly stated otherwise.

1.4. The Supplier is obliged to inform contractors about changes to these Terms and Conditions by publishing their wording on its website https://moctezumafoods.eu.

1.5. Specific arrangements in the Purchase Agreement prevail over the provisions of the Terms and Conditions.

SECTION 2 - SALE OF PRODUCTS

2.1. The Supplier shall sell the Products to the Customer in accordance with the Contract Documentation, the Purchase Agreement and these Terms and Conditions.

2.2. The Customer undertakes to pay the purchase price for the Products in accordance with the Contract Documentation, the Purchase Agreement and these Terms and Conditions, and to dispose of, store and transport the Products in line with their labelling and storing and transportation instructions provided by the Supplier.

SECTION 3 - PRODUCT ORDERS

3.1. The Customer shall issue and send a written Order to the Supplier at the latest ten (10) Business Days before the required date of delivery of the Product. The Supplier is not obliged to accept the Order received later.

3.2. The Customer’s Order shall always include:

           a) identification of the required Product(s);
           b) the Customer’s identification, the Customer’s contact person, including their e-mail address;
           c) the quantity and price of the Product(s) purchased;
           d)the requested date of handover/delivery; and
           e)other information relevant to the respective Order.

3.3. The Supplier shall send a signed or otherwise demonstrably confirmed Order to the Customer within the following five (5) Business Days after its receipt. The confirmation of Order shall include a calculation of the purchase price for the Product(s) and the reference to these Terms and Conditions and their binding nature for the Order and the subsequent Purchase Agreement. On the day of delivery of the confirmed Order, to the Purchase Agreement will be concluded, but no later than on the day on which one can reasonably expect the performance or on which the Supplier performs the Order.

3.4 In case a refund has to be applied, the refund will be made partially, the amount that the payment gateway of our website charges will not be refunded. 

SECTION 4 - PACKAGING, TRANSPORTATION AND LABELLING OF THE PRODUCTS

4.1. The price of the Products stipulated in the Contract Documentation does not include any additional packaging, transportation and insurance of the Products until the Products are handed over to the Customer.

4.2. The packaging and transport of the Products is arranged by one of the Parties in accordance with the Contract Documentation. The relevant Party is responsible for the proper packaging and transportation of the Products pursuant to these Terms and Conditions. For avoidance of any doubt Parties agreed, that if the Customer asks for his own transportation company, or otherwise arranges the transport of the Products, the Supplier is not responsible for the Products during their transportation. 

4.3. The packaging in which the Product is transported, and the Product designation must comply with the requirements, legal regulations, agreed terms or conditions of the original producer and / or the Supplier and must guarantee the protection of the Product(s) during transportation and storage throughout its useful life in line with the applicable legal regulations. The relevant Party must be able to demonstrate compliance with these requirements at any time.

4.4. The Products must always be packaged, transported and labelled in full compliance with the Contract Documentation, the Purchase Agreement and these Terms and Conditions as well as any legal regulations governing the Products; in the case of materials, components, constituents, ingredients and raw materials used in the manufacture of Products.

SECTION 5 - DELIVERY TERM

5.1. The Product shall be handed over by the Supplier and accepted by the Customer based on the delivery note of the Product bearing the signature of the responsible employee of the Customer. By signing the delivery note, the Customer agrees to accept the Product and confirms that they have handed over in the correct number of pieces and mechanically undamaged. The Supplier is not responsible for the delivery time of the Products.

5.2. The risks of loss, destruction or damage to the Products shall be transferred to the Customer upon the due handover of the Products to the Customer.

5.3. The costs of the transport of the Products to the place of delivery are not included in the price of the Products stipulated in the Contract Documentation and shall be paid by the Customer, unless otherwise expressly agreed in the Purchase Agreement. These costs may be variable depending on the price lists of the service provider (e.g. logistics company). The Customer shall pay the costs of the transport including all related costs on the basis of the Supplier’s invoice.

5.4. The delivery condition for the Product(s) is DAP (Incoterms 2020) the agreed place of delivery, unless otherwise agreed in writing in the Purchase Agreement.

SECTION 6 - PURCHASE PRICE

6.1. The Customer is obliged to duly and timely pay to the Supplier the purchase price of the Product(s) in the amount specified in the Purchase Agreement in the manner and under the conditions set forth in these Terms and Conditions.

6.2. Unless otherwise stated in the Contract Documentation, the prices quoted therein shall be deemed not to include VAT.

SECTION 7 - PAYMENT TERMS 

7.1. The Supplier is entitled to issue an invoice charging the price of the Product on the day of confirmation of the Order.

7.2. In addition to the requirements of a tax document pursuant to the Act on VAT and the requirements of a commercial document pursuant to Section 435 of the Civil Code (and other applicable generally binding legal regulations), the issued invoice shall contain: 

                a) Customer’s order number;
                b) identification of the Purchase Agreement or the Order on the basis of which the performance was provided;
                c) invoice number and due date; and
                d)the amount of advance, if any.

7.3. The invoice can be issued and delivered to the Customer electronically.

7.4. The invoice is due after the 14-day maturity period, which starts to run from delivery of the invoice to the Customer. The Customer shall pay the purchase price in the form of a bank transfer to the account number stated on the Supplier’s invoice. 

7.5. In the event of the invoice containing incorrect requisites or some of them are missing, the Customer is entitled to return the invoice to the Supplier by the due date. In such case, the Supplier shall issue a new invoice and provide the Customer with a new due date in accordance with the provisions of Article 7.4. of these Terms and Conditions.

SECTION 8 - OBLIGATION ON THE PARTIES

8.1. The Customer represents and undertakes that he owns valid licenses, authorisations and certificates that are required for implementation of all the activities arising from the Contract Documentation, esp. for the purchase, storage and sale of food products.

8.2. The quality of the Product supplied by the Supplier must correspond to the required quality according to the valid Product specification contained in the Contract Documentation or according to the relevant legal regulations.

8.3. From the time of the handover of the Products until their sale to the final consumer, the Customer is solely responsible for quality, storage and handling of the Product(s) and must ensure that Products are health safe when placed on the market by:

           a) placing the Products in premises and under conditions that preserve their quality and safety;
           b) meeting hygiene requirements during the packaging, transportation and storage of the Products;
           c) using appropriate materials when handling with the Products; and
           d) reducing the potential for contamination of the Products.

8.4. In marketing activities related to the introduction of the Products to the market, the Customer is obliged to comply with the legal requirements for the content and form of such activities set out in the legislation on advertising regulation, consumer protection and competition protection. 

8.5. The Customer is aware that the purchase of Products does not constitute a right to use registered trademarks, trade names, company logos or patents of Supplier, and is obliged to refrain from using them, unless the Purchase Agreement stipulates otherwise.

SECTION 9 - RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND WARRANTY

9.1. If any breach of the obligations arising from generally binding legal regulations, the Contract Documentation or these Terms and Conditions results in any material or immaterial harm to the other Party or third parties as a result of the usage or use of the Products, the breaching Party is obliged to compensate the damages. The provisions of the preceding sentence shall apply even after the termination of the Purchase Agreement in any way, including the withdrawal by either Party or both Parties.

9.2. Defect means deviation from the quantity, type or qualitative properties of the Product as set out in the Purchase Agreement, Terms and Conditions or generally binding legal regulations. 

9.3. The Supplier declares and warrants to the Customer that at the time of hand over to the Customer: 

        a) Products comply with the agreed specification and quality and safety; the Supplier warrants that the Products are manufactured in accordance with applicable generally binding regulations, standards and requirements of food law;
        b) the documents handed over to the Customer are complete;
        c) the Supplier is the sole owner of the Products and the Products are not encumbered with any lien, option, service or other right of a third party, including industrial property rights;
        d) the Supplier has all necessary authorizations to distribute and sell Products;
        e) the Products will retain all their relevant properties, agreed quality, and will be fit for use for use-by date of the Product as indicated on the labelling unless otherwise agreed by the Parties in writing, provided that the Customer ensures storage and other handling of the Products in compliance with the Contract Documentation, the Purchase Agreement and these Terms and Conditions as well as the labelling of the Product(s) and any legal regulations governing the storage and handling of the Product(s). 

9.4. The Customer is obliged to notify the Supplier of any defect of the Product(s) in writing within five (5) Business Days from the day when the defect was discovered and such notification must be accompanied with the documentation and evidence proving that the Customer ensured storage and other handling of the Product(s) in compliance with the Contract Documentation, the Purchase Agreement and these Terms and Conditions as well as the labelling of the Product(s) and any legal regulations governing the storage and handling of the Product(s). The Customer shall also state the alleged defect (or defects) and whether it is a material or insignificant breach of the Purchase Agreement and which of the possible claims arising from the defect of the Products they choose.

9.5. In case it is not possible to resolve a dispute over the quality of the Product or its conformity with the specification contained in the Contract Documentation by agreement, the Supplier and the Customer undertake to submit the Product for analysis to an independent expert from the relevant field selected from the list of experts and expert institutes administered by Czech courts on whom both parties agree. If there is no agreement on the selection of the independent expert within seven (7) days from the date of the first proposal of an independent expert, the Supplier shall appoint the independent expert. The findings of the independent expert shall be binding on both Parties, and the costs of the analysis shall be borne by the Party whose claim regarding the quality of the Product (or its compliance with the specification contained in the Contract Documentation) was not true. The Customer is obliged to provide the Supplier with the maximum possible cooperation in solving this matter.

9.6. If the defective performance constitutes a material breach of the Purchase Agreement, the Customer has the right to choose:

       a) to remove the defect of the Product by delivering a new Product without defect or by delivering the missing Product;   
       b) a reasonable discount on the purchase price; or
       c) to withdraw from the Purchase Agreement.

9.7. In the event of the Customer does not request something else when notifying the Supplier of any material defects (or defects), the Supplier is obliged to remedy the defects complained of within fifteen (15) Business Days at the latest after being notified by removing the defect (defects) at its own cost, and if the Supplier fails to do so to the full extent, the Customer has the right to demand a reasonable discount on the purchase price for the Products, or may withdraw from the Purchase Agreement, or to remove the defect or defects himself or through a third party at the expense and risk of the Supplier. 

9.8. If the defective performance is an insignificant breach of the Purchase Agreement, the Customer has the right to choose:

       a) to remedy the defect of the Product by delivering a new Product without defect or by delivering the missing Product; or  
       b) a reasonable discount on the purchase price.

9.9. If the defect constituting an insignificant breach of the Purchase Agreement is not remedied by the Supplier within ten (10) days after being notified by the Customer, the Customer shall be entitled to claim a discount on the purchase price or remedy the defect(s) himself or through a third party or withdraw from this Purchase Agreement.

SECTION 10 - PENALTIES

10.1. The Customer in default of payment of the purchase price for the delivered Product shall be obliged to pay to the Supplier default interest in the agreed amount of 0.05 % for each day of delay on the outstanding amount of properly issued and delivered invoice.

10.2. The contractual penalty shall be notified and delivered to the other Party in writing. The amount of the contractual penalty and its justification must be included in the notification. The contractual penalty shall be paid within ten (10) days after the written request for payment has been delivered to the infringing Party.

10.3. The obligation to pay a contractual penalty does not affect the right of the relevant Party to compensation in full for material and non-material damage. The obligation to pay a contractual penalty may also arise repeatedly and the total amount of penalty is not limited. The obligation to pay the contractual penalty shall continue even after the termination of the duration of the Purchase Agreement as well as after withdrawal of either Party or both Parties.

SECTION 11 - TERMINATION OF THE PURCHASE AGREEMENT

11.1. The contractual relationship established by the Purchase Agreement may be terminated by a written agreement of the Parties or by a written withdrawal of either Party in the event of a material breach of the Purchase Agreement by the other Party or in cases foreseen by these Terms and Conditions or generally binding legal regulations.

11.2. In particular, the following shall be deemed a material breach of the Purchase Agreement:

       a) Customer’s default in payment exceeding one (1) month;  
       b) Supplier’s delay in delivery more than sixty (60) days; or
       c) the Customer is in breach of the obligations specified in Article 8. of these Terms and Conditions.

11.3. In the written withdrawal from the Purchase Agreement, the withdrawing Party shall state the reason for withdrawal from the Purchase Agreement. The withdrawal of the Party cancels the Purchase Agreement from its beginning and is effective as of the moment of delivery of the notice of withdrawal to the other Party.

11.4. Withdrawal from the Purchase Agreement shall not affect the right of either Party to the contractual penalty, damages and default interest due to the breach of the Purchase Agreement, or any other provisions which, according to the expressed will of the Parties or due to their nature shall continue to be effective after the termination of the Purchase Agreement.

SECTION 12 - DELIVERY OF DOCUMENTS

12.1. Any notice or other communication to be made pursuant to or in connection with the Contract Documentation must be made in writing:

       a) registered letter with acknowledgement of receipt; the date of delivery is the date indicated as the date of receipt on the delivery receipt;
       b) by e-mail; the date of delivery is the moment of dispatch, provided that it was sent to the address which the Customer and the Supplier used for communication; or
       c) delivery to the Customer’s or Supplier’s data box according to applicable legal regulations.
       d) If a notice received in accordance with the provisions of this Article is delivered on a day other than a Business Day, such notice shall be deemed to have been received on the first following Business Day for the purposes of the respective agreement. 

SECTION 13 - CONFIDENTIALITY

13.1. All data and information communicated by the Parties when negotiating or in connection with the Contract Documentation is considered confidential within the meaning of Section 1730 of the Civil Code, and neither of the Parties may share it or disclose it to a third party, nor use it for their own use, otherwise the Party who unlawfully used the confidential data in violation of this provision or legislation is obliged to compensate for the resulting damage and is obliged to release the unlawfully gained profit.

13.2. The Parties undertake not to disclose, transmit, or otherwise make available the contents of the Contract Documentation (except these Terms and Conditions) to third parties and to maintain the confidentiality of all facts relating to this Agreement or the interests of the other Party. This confidentiality obligation shall not apply where:

       a) the fact in question is or has become publicly known by means other than unauthorized disclosure in breach of this confidentiality arrangement; 
      b) the information shall be communicated to the auditors or expert advisers of the Party if such advisors are bound by the obligation of confidentiality to at least the same extent; 
      c) the other Party shall give its prior written consent, which shall not be unreasonably withheld; or
      d) disclosure of the facts is imposed on the Party by a decision of a court or other public authority.

SECTION 14 - OTHER PROVISIONS

14.1. The Customer declares that:

       a) it is not aware that the Supplier would abuse its economic position when negotiating the Contractual Documentation; 
       b) it considers the mutual rights and obligations agreed in the Contract Documentation to be balanced;
       c) it had the opportunity to obtain qualified legal assistance in negotiating the Contract Documentation; and 
       d) it does not conclude the contractual documentation in distress, inexperienced or carelessly.

14.2 The Customer expressly declares that it assumes the risk of changing circumstances in accordance with the provisions of Section 1765 (2) of the Civil Code. 

14.3. The rights and obligations of the Parties, which are not expressly regulated by the Contractual Documentation, are governed by the Civil Code.

14.4. Unless otherwise expressly stated above, all actions to change or terminate the Contractual Documentation must be made in writing and delivered by registered letter, or by letter delivered by the courier service, to the address of the other Party stated in the contract header. Any Party is obliged to notify the other Party without undue delay of a change of delivery address or other contact details.

14.5. The Parties agree that the Customer is not entitled to assign and/or pledge to any third party, in whole or in part, any receivables, rights and/or obligations arising out of or in connection with the Contractual Documentation without the prior written consent of the Supplier. 

14.6. The Parties agree that the Customer is not entitled to assign as an assignor any rights and/or obligations arising from the Contract Documentation or any part thereof to a third party without the Customer’s consent for the entire duration of the Supplier.

14.7. The Parties agree that the Customer is not entitled to unilaterally set off any of its claims against the Supplier arising from the Contractual Documentation against the claims of the Customer against the Customer.

14.8. The Parties agree that the Supplier is entitled to unilaterally set off any of their due and unpaid claims from the Customer arising from the Contractual Documentation against the Customer’s claims against the Supplier, even against claims that are not due.

14.9. Both Parties agree that any disputes shall be settled by mutual agreement as a matter of priority. Any disputes that could arise from the Purchase Agreement or in connection therewith or in connection with the Contract Documentation shall be settled by the competent courts of the Czech Republic, whose territorial jurisdiction will be determined according to the Supplier’s registered office.

SECTION 15 - FINAL PROVISIONS

15.1. If any provision of the Contract Documentation that is not an essential part of it, is or becomes invalid, ineffective or unenforceable or apparent, or if it contains an inaccuracy, uncertainty or formal deficiency, such provision is fully separable from other provisions of the Contract Documentation and its invalidity, ineffectiveness, unenforceability or appearances shall have no effect on the existence, validity, effectiveness and enforceability of the Contract Documentation as a whole or any other provision thereof. The Parties undertake to replace such invalid, ineffective, apparent or unenforceable provision with a new valid, effective and enforceable provision which, in its content, will correspond as closely as possible to the substance and purpose of the relevant original provision of the Contract Documentation.

15.2. The termination of the Contract Documentation does not affect the effectiveness of those provisions of the Contract Documentation that are intended to persist until the settlement of all claims arising from the Contract Documentation.

15.3. These Terms and Conditions come into effect on the day indicated at the end of these Terms and Conditions. These Terms and Conditions shall cease to be effective upon the publication of new General Terms and Conditions by the Supplier.

SECTION 16 - DATA AND COOKIES

USE OF GOOGLE ANALYTICS

We use the Google Analytics web analytics service provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; “Google”). Data processing is to analyze this website and its visitors. For this purpose, Google will use the information obtained on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.

Google Analytics uses cookies that allow you to analyze the use of the website. The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. The IP anonymization is activated on this website. As a result, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Your data may be transmitted to the United States. There is an adequacy decision by the European Commission for data transfers to the US. Processing is based on Art. 6 (1) lit. You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you, based on Art. 6 (1) f DSGVO.

You can prevent the storage of cookies by selecting appropriate technical settings of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. You may further prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by using the browser plug-in available under the following link. in download and install [https://tools.google.com/dlpage/gaoptout?hl=en ]. To prevent Google Analytics tracking across devices, you can set an opt-out cookie. Opt-out cookies prevent future collection of your data when you visit this website. You must opt-out on all systems and devices used to make it work. If you click here, the opt-out cookie will be set: Disable Google Analytics.

For more information about Terms of Use and Privacy, please visit https://www.google.com/analytics/terms/en.html or https://www.google.com/intl/en/policies/.

Rights of the data subject If the legal prerequisites are met, you are entitled to the following rights under Art. 15 to 20 DSGVO: Right to information, to rectification, to deletion, to the limitation of processing, to data portability.

Also, according to Art. 21 (1) GDPR, you are entitled to a right of objection to the processing based on Art. 6 (1) of the GDPR and to processing for direct mail.

Contact us on office@moctezumafoods.eu. The contact details can be found in our imprint.

Right of appeal to the supervisory authority According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that the processing of your personal data is not legal.

Cookies are small text files containing short data that can be stored on the user’s device when visiting a website. We use cookies on our website, which are used for the following purposes:
remembering the logged in user;
making additions to the cart and ordering;
comfortable web functions;
anonymized evaluation of user movement on the web;
personalize ad delivery.

All personal data is processed in a lawful and transparent manner and only adequate, relevant and necessary data in relation to the purpose of processing are required.

USE OF FACEBOOK PIXEL 

1If you give us your consent on the website www.moctezumafoods.eu, we will also process the personal data provided by you, including your purchase history, for the following purposes:

performing marketing analyzes and statistics, including profiling;

sending business communications regarding the goods and services of the administrator and the goods and services of its partners to your e-mail, taking into account your purchases, preferences, or otherwise tailored to select the goods and services that best suit your needs;

use of personal data that will be passed to us by the social network Facebook, if you log in through this social network, to the extent according to your settings, for the above purposes.

Granting this consent is voluntary and no legal regulation requires you to provide it. You can revoke your consent at any time, without prejudice to the lawfulness of the processing of personal data before its revocation.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@moctezumafoods.eu

Date of issue: 1 May 2022

PRIVACY & SAFETY

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing: With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@moctezumafoods.eu or mailing us at: Moctezuma Foods sro. Tiskařská 12, C1.22, Prague 10, PR, 10800, Czech Republic

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - STORE

Payment:

We do not store your payment data when you perform a purchase. You will be forwarded to the Paypal payment platform and finalise the payment there.

All our website transactions are handled through our payment services provider, PayPal. You can review the PayPal privacy policy at www.paypal.com. We will share information with PayPal only to the extent necessary for the purposes of processing payments you make via our website and dealing with complaints and queries relating to such payments.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

COOKIES

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We [may] use [both] [“session” cookies] [and “persistent” cookies] on the website. [We will use the session cookies to: keep track of you whilst you navigate the website.] [We will use the persistent cookies to: enable our website to recognise you when you visit; and] [Session cookies will be deleted from your computer when you close your browser.] [Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.] [We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.]

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites [including this one].

SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

(Updated May 25, 2018)

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Rights of the data subject If the legal prerequisites are met, you are entitled to the following rights under Art. 15 to 20 DSGVO: Right to information, to rectification, to deletion, to limitation of processing, to data portability.

In addition, according to Art. 21 (1) GDPR, you are entitled to a right of objection to the processing based on Art. 6 (1) of the GDPR and to processing for the purpose of direct mail.

Contact us on office@moctezumafoods.eu. The contact details can be found in our imprint.

Right of appeal to the supervisory authority According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that the processing of your personal data is not legal.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@moctezumafoods.eu

Privacy Compliance Officer

Tiskařská 12, C1.22,

Prague 10, CR,

10800, Czech Republic

WHOLESALE INQUIRIES

LET US KNOW WHAT YOUR NEEDS ARE AND WILL MAKE IT HAPPEN

We offer a wide range of corn products, but we will also be more than happy to share our experience with you and develop your private label ideas. Let us know what your needs are and we will make it happen.

PAYMENT METHODS

- Credit / Debit Cards
- PAYPAL

- Offline Payments

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