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Policies

Terms and conditions

They establish the conditions and rules that govern the use of our website and services.

Privacy Policies

They detail how we collect, protect and use your personal information.

Return Policies

They explain the process and requirements for making returns and obtaining refunds.

Terms of Use and Service

Last update:

July 7, 2024.

Welcome to www.dacmercado.com , which is owned and operated by DAC Quality Foods (“DAC Quality Foods”, the “Company”, “we”, “us”, or “our”). All references to the Website include this URL, as well as microsites linked to this URL, and other pages or websites owned by the Company. All references to the Company include the Company’s affiliates.

Please read this Terms of Use and Service document (hereinafter referred to as the “Agreement” or “Terms and Conditions”) carefully before using this Website, including without limitation before using any of the features or content provided by this Website or before purchasing or otherwise using any of the Company Products (as defined herein) offered, made available or sold through this Website.

These Terms of Use and Service REQUIRE that all disputes between you and us be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to enforce or defend your rights under these Terms of Use and Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the section titled Dispute Resolution for details regarding your agreement to arbitrate any disputes with us.

THIS AGREEMENT GOVERNS NOT ONLY YOUR USE OF THE WEBSITE, BUT ALL INTERACTIONS WITH THE COMPANY, WHETHER ON THE WEBSITE, IN-STORE, BY TELEPHONE, OR BY ANY OTHER METHOD. PLEASE REVIEW THIS AGREEMENT CAREFULLY, SO THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE, AS WELL AS YOUR USE OF OUR SERVICES AND PURCHASE OF OUR PRODUCTS, INCLUDING IN-STORE.

This Agreement applies to all visitors, users, purchasers and others who wish to access or use this Website for any purpose (“User” or “you” or “your”). The Company provides this Agreement to notify all such users of the terms and conditions governing their use of this Website and/or any purchase or other use of any of the Company’s Products.

YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY OF OUR PRODUCTS IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH, WITHOUT MODIFICATION, THIS AGREEMENT.

BY CONTINUING TO ACCESS AND/OR USE THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE DAC QUALITY FOODS PRIVACY POLICY (AS DEFINED HEREIN), AND ALL OTHER COMPANY POLICIES FROM THE DATE OF YOUR FIRST USE OF THIS WEBSITE.

NO CHANGES (ADDITIONS OR DELETIONS) TO THIS AGREEMENT WILL BE ACCEPTED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THIS WEBSITE.

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT GOVERNING THIS WEBSITE AND THE PURCHASE AND SALE OF ALL PRODUCTS. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.

Terms and conditions

A) Copyright and Intellectual Property

1. Respect for Intellectual Property Rights: It is the Company's policy to respect the copyrights, trademarks, and intellectual property rights of others. We are committed to protecting these rights and taking action when infringements are detected.

2. Company Rights:

The Company has the absolute right to:

(i) Immediately terminate, without notice, all rights (including, without limitation, all Access Rights and any rights of any User that, in the Company's judgment, appear to infringe the copyrights, trademarks, or intellectual property rights of others).

(ii) Remove any User Content from the Website that, in the Company's judgment, may infringe the copyrights, trademarks, or other intellectual property rights of any third party.

Specific Measures:

1. Termination of Rights: If we determine that a User is infringing the copyrights, trademarks, or intellectual property rights of others, we may immediately terminate all rights of such User without notice. This includes, but is not limited to, the Rights of Access to the Website and any other rights granted to the User.

2. Removal of Content: The Company may remove any content from the Website that, in its sole discretion, infringes the copyright, trademarks or other intellectual property rights of third parties. This action may be carried out without prior notice to the User.

B) Weights of Fruits and Vegetables

1. Variation Factors:

(i) Season: Depending on the time of year, fruits and vegetables may be larger or smaller.

(ii) Growing Conditions: Factors such as climate, soil, and farm management can influence the size and weight of products.

2. Weight Standards:

(i) On our website, we set a standardized weight for each type of fruit and vegetable. These standards are based on an average calculated from multiple product samples.

(ii) Product descriptions will include clear information about approximate weight so that customers have a realistic expectation when making their purchases.

3. Adjustments and Compensations:

(i) Adjustment to Standardized Size: We strive to ensure that the products we deliver conform as closely as possible to the standardized weights presented on our website.

(ii) Compensation: In the event that a customer receives a product whose weight differs significantly from the standard, we offer compensation options that may include a price adjustment or the shipment of an additional product to make up for the difference.

4. Orders by form: Orders generated through our form will respect the units of measurement established on our website. Such products include fruits and vegetables and wholesale.

C) Product Liability Policy

1. Supplier Responsibility: Products offered on our platform that are not directly manufactured by DAC Quality Foods are the sole responsibility of the suppliers who supply them. This includes quality, taste, and any potential allergic reactions that the product may cause.

2. Direct Contact with Supplier: In case of any issues related to quality, taste, or allergic reactions to a product, the customer must contact the supplier directly. Supplier contact information is available on the product details page.

Procedure for Handling Complaints:

1. Allergic Reactions: If a customer experiences an allergic reaction to a product, they must stop using the product immediately and contact the supplier to report the incident. DAC Quality Foods is not responsible for allergic reactions, as information on ingredients and allergens is provided by suppliers.

2. Quality and Taste Issues: For any complaints related to the quality or taste of the product, the customer must contact the supplier. DAC Quality Foods acts solely as an intermediary facilitating the sale and distribution of products and is not responsible for the manufacturing or quality control of the products.

Specific Details:

1. Complaint Process: Customers must provide the supplier with the necessary information to handle the complaint, including the order number, description of the problem and any relevant evidence (photos, videos, etc.).

2. DAC Quality Foods Support: Although DAC Quality Foods is not responsible for complaints related to supplier products, our customer service team is available to assist customers in the process of contacting the supplier and ensuring that their complaints are properly addressed.

D) Pricing Policy

1. Price Variation: Prices for our products may vary at any time due to external and internal factors that affect costs, such as fluctuations in supplier prices, changes in transportation costs, and variations in market demand and supply.

2. Without Notice: Price changes may be made without prior notice. This is due to the need to quickly adjust prices to reflect current market conditions and ensure the viability of our business.

Specific Details:

1. Price Updates:

(i) Prices on our website are updated regularly to reflect the most recent changes. We recommend that our customers check the current prices at the time of purchase to avoid surprises.

(ii) Prices indicated at the time of purchase are those that will apply to that specific order, regardless of any subsequent changes.

2. Customer Communication: Customers who are affected by a significant price change on an existing order will be notified and offered options to continue with the order at the new price, adjust the order, or cancel without penalty.

3. Promotions and Offers: Promotions and special offers are subject to prices in effect at the time of posting. These promotions may change or end without notice, and promotional prices will not be applied retroactively to prior purchases.

Factors That May Affect Prices:

Supplier Costs: Fluctuations in our suppliers' costs can directly affect the prices of our products. This includes changes in production, harvesting, and packaging costs.

Transportation Costs: Variations in transportation costs, such as fuel prices and shipping rates, can influence the final price of products.

Market Conditions: Changes in market supply and demand can cause price fluctuations. Weather events, harvest seasons, and other external factors may impact product availability and cost.

Update Errors: Occasionally, there may be errors in updating prices on our website. If a pricing error is detected, we reserve the right to correct it and notify affected customers before processing their orders.

E) Promotions and Discounts Policy

1. Application of Coupons and Discounts: Discount coupons and other promotions do not apply to sales made through orders generated by our form. These offers are exclusively available for orders placed directly through our website.

2. Form-Generated Orders: Orders placed through the form are not eligible for discount coupons or other promotions. This is due to the manual and personalized nature of processing these orders, which does not allow for the automatic integration of discounts and promotions.

3. Orders Placed on the Website: Only orders generated through our website are eligible for discount coupons and promotions. Our online system is designed to handle these transactions efficiently, ensuring that all discounts are correctly applied to the purchase total.

Gift Cards:

1. Use of Gift Cards:

(i) DAC Quality Foods gift cards can only be redeemed on our website. The value of the gift card will automatically be applied to the purchase total at checkout.

(ii) Gift cards are non-refundable and cannot be exchanged for cash. Their value must be used in full on one or more purchases.

2. Limitations:

(i) Gift cards cannot be used in combination with discount coupons on orders placed online.

(ii) In the event that the value of the gift card is insufficient to cover the total purchase, the customer must complete the payment with another payment method available on our website.

Specific Details:

1. Exclusive Online Promotions:

(i) Periodically, we offer exclusive promotions for orders placed online. These promotions may include percentage discounts, free shipping, and special offers on selected products.

(ii) The details and terms of each promotion will be clearly specified on our website and may be redeemed during the checkout process.

2. Dates and Expiration:

(i) All promotions and discount coupons have specific start and expiration dates, which will be indicated in the terms of the promotion.

(ii) Gift cards do not have an expiration date, but we recommend that customers use them as soon as possible to take full advantage of their value.

F) Ordering Policy

Official Ordering Methods:

1. Website: Customers can place their orders quickly and easily through our official website. This method ensures that all orders are processed efficiently and securely, with access to the most up-to-date product and pricing information.

2. Custom Form: We accept orders through a custom form available to our customers. This form allows for clear and accurate communication, ensuring that all order details are captured correctly.

3. Quote Orders: We offer the option to place quote orders for special cases. This method is designed for customers who require custom quotes due to specific needs or unusual purchase volumes. This type of order is handled on an individual basis and coordinated directly with our sales team.

Order Restrictions: We do not accept orders placed through WhatsApp, phone, or any other method not mentioned above. To ensure the accuracy and organization of all orders, it is essential that customers exclusively use our website, custom form, or special quote method. These are the only official channels that guarantee the proper receipt and processing of your orders.

G) Shipping Policy

Delivery Times:

1. Orders Received Before Noon (12:00 PM): All orders received before 12:00 PM will be delivered the same day. This schedule allows us to efficiently process and dispatch orders to ensure prompt delivery.

2. Orders Received After Noon (12:00 PM): Orders received after 12:00 PM will be scheduled for delivery the next business day. This measure is necessary to ensure that all orders are prepared and dispatched properly.

3. Orders Received on Saturdays: Orders received on Saturdays after 12:00 PM will be scheduled for delivery the following Monday. This is because we do not deliver on Sundays.

Non-Business Days:

1. Sundays: We do not deliver on Sundays. Orders received after 12:00 PM on Saturday will be scheduled for delivery the following Monday.

2. Holidays: We do not deliver on the Christmas (December 25) and New Year's (January 1) holidays. Orders received on these days will be scheduled for the following business day.

Specific Details:

Exceptions and Flexibility: Although we make every effort to adhere to established schedules, there may be exceptional situations that require adjustments. In such cases, we will contact the customer to coordinate an appropriate solution.

Delivery Confirmation: Once the order has been processed, the customer will receive a delivery confirmation with the estimated date and time. It is important that customers are available at the indicated delivery address during this time.

Delivery Areas: Our schedule policy applies to all delivery areas we cover. If there are any specific restrictions based on location, the customer will be informed at the time of ordering.

H) Delivery Time Policy

1. Estimated Delivery Window: Orders will be delivered within an estimated window between 12:00 noon and 4:00 p.m. This schedule allows us to adjust our delivery routes efficiently and handle the varying amount of orders on a daily basis.

2. No Specific Schedules: Currently, we are unable to provide a specific delivery time for each order. Delivery is subject to the number of orders and routes generated on a daily basis, as well as unexpected incidents that may occur outside of our company's control.

Specific Details:

Flexibility and Adjustments: We do our best to meet the estimated delivery window, but factors such as traffic, weather conditions, and other unforeseen incidents may affect delivery times. We appreciate our customers' understanding and flexibility in these cases.

Customer Notification: Customers will receive a notification on the day of delivery with a more accurate estimate of the time within the mentioned window. It is important that customers are available at the indicated delivery address during this time.

Delivery Routes: Delivery routes are planned daily to optimize efficiency and minimize delivery times. This planning is based on the number of orders received and the delivery locations.

I) Branch Pickup Order Policy

1. Pickup Procedure: Customers may choose the in-store pickup option when placing their order. This method allows customers to pick up their products directly at our store, avoiding waiting times associated with shipping.

2. Pickup Hours: Orders can be picked up at our store from 7:00 AM to 5:00 PM, Monday through Saturday. No deliveries or pickups are made on Sundays.

Pickup Rules:

1. Order Pickup Time: Orders will be available for pickup for a period of two business days. If the customer does not pick up the order within this period, the order will be disassembled.

2. Refund Policy: In the event that the order has already been paid for and is not picked up within the established time frame, the order will be disassembled and a refund will be issued for the value of the order. This refund will be made in the same form of payment used at the time of purchase.

Specific Details:

1. Availability Notification: Once the order is ready for pickup, the customer will be notified via email or text message. It is important that customers provide accurate contact information to ensure receipt of these notifications.

2. Identification at Pickup: Upon pickup, the customer will be required to present valid identification and the order number. This ensures that orders are delivered to the correct recipient.

3. Exceptions and Flexibility: We understand that unforeseen circumstances may arise. If a customer anticipates that they will not be able to pick up their order within the stated time frame, they are encouraged to contact our customer service to arrange for a possible extension of the pickup window.

J) Shipping Charge Policy

1. Shipping Charges: Shipping will be charged on all purchases that are less than the established minimum purchase. Minimum purchase costs vary by shipping zone and are calculated using the address provided by the consumer at the time of placing the order.

2. Calculation of Shipping Cost: The shipping cost is determined based on the consumer's address, using an automated system that calculates the exact cost based on the distance and delivery zone. This cost will be clearly displayed to the customer before completing the purchase.

Delivery Attempts:

1. First and Second Attempt: The customer has two free delivery attempts. These attempts will be scheduled one business day apart. If the order cannot be delivered in these two attempts, the customer will be notified to coordinate a third attempt.

2. Third Attempt: If the order cannot be delivered after two attempts, a third delivery attempt may be made. This third attempt will have an additional cost that will be calculated in the same way as the initial shipping costs, based on the consumer's address.

3. Cancellation and Refund for Unfinished Delivery: In the event that the order cannot be delivered after three attempts, the order will be cancelled and the money will be refunded, as long as the order has been paid through our website. The refund will be made in the same form of payment used by the customer at the time of purchase.

Specific Details:

Shipping Zones and Minimum Costs: Our website specifies the minimum purchase costs necessary to obtain free shipping, depending on the delivery zone. This information is updated regularly to reflect any changes in shipping rates.

Notification and Coordination: Customers will be notified via email and/or text message about failed delivery attempts and any additional costs associated with the third delivery attempt. Customers are encouraged to provide accurate contact information and be available at the indicated delivery address.

K) Cash on Delivery Payment Policy

1. Cash on Delivery: Orders placed through our services must be paid for before or at the time of delivery. This payment must be made directly to our delivery drivers, who are authorized to receive payment on behalf of DAC Quality Foods.

2. Delivery Terms: Under no circumstances may the order be left at the customer's disposal without first making the corresponding payment. This measure is necessary to guarantee the security of the transactions and the integrity of our service.

Specific Details:

1. Accepted Payment Methods: We accept several forms of payment on delivery, including cash, payment link, and debit or credit cards. Customers must ensure that they have the payment method available at the time of delivery.

2. Payment Notification: Customers will receive a cash on delivery reminder when they are notified of the estimated delivery window. This reminder will include the accepted payment methods and any other information relevant to completing the transaction.

3. Exceptions: This policy does not apply to customers with approved credit. Credit customers have different payment terms, which are set forth in their credit agreement with DAC Quality Foods.

Credit Customers:

1. Credit Terms: Customers who have a credit agreement with DAC Quality Foods are exempt from the cash on delivery policy. These customers must follow the payment terms agreed to in their credit agreement.

2. Credit Terms: Credit customers must keep their account in good standing according to the terms specified. Failure to comply with credit terms may result in suspension of your credit privilege and the need to pay cash on delivery on future orders.

L) Supplier and Confidentiality Policy

Confidentiality and Content Protection:

1. Confidentiality of Images and Data: We are committed to protecting the confidentiality of all images, product descriptions and any other information provided by our suppliers. This information will be used exclusively for the management and promotion of their products within our platform.

2. Select and Exclusive Area: Each supplier will have a select and exclusive area within our website. This personalized area will include photos, product catalogs and any other relevant information, ensuring that it is presented in a professional and appropriate manner.

3. Non-Disclosure of Information: DAC Quality Foods will not share, publish or disclose any information or content provided by suppliers without their express consent. We respect the privacy and intellectual property of our suppliers and ensure that their information is secure.

Supplier Memberships:

1. Types of Memberships:

(i) We offer various memberships for suppliers. Memberships allow vendors to manage their store, upload photos, update catalogs, and benefit from exposure within our platform.

(ii) Specific details of each membership, including costs and benefits, will be provided to vendors upon subscription.

2. Duration and Renewal: Memberships have a specific duration, which may vary depending on the type of membership purchased. Vendors will receive timely notifications to renew their membership before its expiration.

Sales and Order Management:

1. Product Sales: DAC Quality Foods will be responsible for the sale of vendors' products. We not only provide exposure on our platform, but also manage the entire sales process.

2. Order Management: DAC Quality Foods is responsible for the administration and tracking of all orders placed. This includes receiving orders, coordinating with vendors for product supply, and managing shipping and delivery.

Specific Details:

1. Content Management: Suppliers will have control over the management of their content within the store on our platform. This includes updating products, adding new photos, and modifying descriptions as needed.

2. Support and Assistance: DAC Quality Foods will provide technical support and assistance to suppliers to ensure they can manage their store efficiently. This includes help with uploading content and resolving any technical issues that may arise.

3. Regulatory Compliance: Our relationship with our suppliers will be governed by applicable regulations and laws, ensuring that all operations are conducted ethically and in compliance with the law.

M) Credit Customer Policy

1. Current Membership: Customers applying for credit must have a current membership to access this service. Membership ensures that the customer is committed to the credit terms and maintains an active business relationship with DAC Quality Foods.

2. Credit Application: All customers wishing to access credit must have a signed application with DAC Quality Foods. This application specifies the terms and conditions of the credit, including the amount, payment terms, and any other relevant conditions.

3. Credit Amount: The credit amount is established once the contract is signed and may vary depending on the customer's needs and ability to pay. This amount is agreed between the customer and DAC Quality Foods at the beginning of the credit relationship.

4. Order Generation: Credit customers must generate their orders through a form customized for them or, if more convenient, through our website. These options ensure that orders are processed efficiently and in accordance with the agreed credit terms.

Payment Terms:

1. Credit Suspension: If credit is suspended due to an outstanding payment, the customer will not be able to make new purchases on credit until the account is up to date. Once payment is made, credit will be reinstated and the customer will be able to continue using the service.

2. New Memberships: Each new membership will have its own cost, duration, credit amount, and specific payment terms. Details about new memberships will be provided to our customers once they are available. Each customer will be required to sign a contract specifying the terms and conditions of the chosen membership.

N) Consumer Compliance Policy in Mexico

1. Taxes and Contributions: All our products and services include Value Added Tax (VAT) and, where applicable, the Special Tax on Production and Services (IEPS). These taxes are paid in accordance with the tax regulations in force in Mexico.

2. Adherence to Mexican Legislation:

(i) DAC Quality Foods' operations are governed by the laws and regulations established by the Mexican government. This includes, but is not limited to, the Federal Consumer Protection Law, the Value Added Tax Law, and the Special Tax on Production and Services Law.

(ii) Our company is committed to maintaining transparent administration and in compliance with all tax and regulatory obligations.

Transparency and Billing:

1. Administrative Transparency: DAC Quality Foods operates with complete transparency towards government authorities. We ensure that all our business and administrative practices comply with established standards to avoid any misunderstanding or violation.

2. Order Invoicing:

(i) All our orders can be invoiced without exception. Customers who require an invoice must provide the necessary tax information at the time of placing their order or within a reasonable time after purchase.

(ii) The invoice will be generated and sent to the customer through our official channels, ensuring that all tax details are properly documented.

Specific Details:

1. Invoice Request: Customers can request an invoice at the time of purchase or by contacting us later with the required information. It is important to provide accurate data to avoid delays in issuing the invoice.

2. Records and Documentation: We keep detailed records of all business transactions and invoices issued. This documentation is available for review by tax authorities when necessary, ensuring full transparency and compliance.

3. Training and Compliance: Our team is trained in tax and consumer protection regulations to ensure that all operations are carried out in accordance with the law. We keep up to date with any changes in legislation to adapt our practices accordingly.

Privacy Policies

Personal Data Protection Policy

Access and Protection:

1. Restricted Access: Only authorized persons will have access to your personal data, in order to prevent its damage, loss, alteration, destruction, sale, rental, use, access or improper disclosure.

2. Data Processing: All your personal data will be treated based on the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility, in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties, its regulations and its guidelines. The information is collected for the purpose of providing you with products or services and communicating promotions.

Provision to Third Parties:

1. Provision of Data: Personal data may only be provided to third parties in accordance with what is strictly stated in Art. 22 of the Federal Law on Transparency and Access to Public Government Information. DAC Quality Foods is committed to treating such information in accordance with the principles of legality, quality, access and correctness of information, security, custody, and consent for its transmission, obeying exclusively what is permitted by law.

Commitment to Transparency:

1. Notification of Changes: We value your trust very much, so in the event of a modification to the Privacy Notices or a violation, we will inform you in a timely manner.

Return Policies

A) Refund Policy

1. Refund Reasons:

Out of Stock: If a product is out of stock and cannot be supplied after the purchase has been made.

Damaged Product: If a product is received in a damaged or defective condition.

Other Justified Reasons: Any other situation in which the customer has a valid reason to request a refund.

2. Claim Period: Customers have a maximum period of 72 hours from receipt of the product to make a claim and request a refund. Claims made after this period will not be eligible for a refund.

Procedure to Request a Refund:

1. Proof of Purchase: The customer must present a valid proof of purchase. This can be the order confirmation email, the physical receipt received at the time of delivery confirming the purchase made with DAC Quality Foods.

2. Evidence of Damage: In case of damaged products, the customer must provide clear evidence of the physical damage. This may include photographs or videos of the product in the condition it was received. This evidence is necessary to substantiate the claim and process the refund.

3. Claim Process: The customer must contact our customer service within the stated timeframe and provide proof of purchase and evidence of damage (if applicable). Our team will review the request and, if approved, proceed with the refund.

Specific Details:

1. Claim Review: All claims will be carefully reviewed by our customer service team. We reserve the right to request additional information or perform an inspection of the damaged product if necessary.

2. Refund Approval and Processing: Once the claim is approved, the refund will be processed within 1-7 business days. The refund will be made in the same form of payment used by the customer at the time of purchase, unless another form of refund is agreed with the customer.

3. Refund Confirmation: Once the refund has been approved, an official refund confirmation will be sent through our official contact channels. This confirmation will include all relevant details and, if necessary, a refund tracking number.

4. Exclusions: Refunds will not be issued for products that have been damaged due to improper storage by the customer or misuse. Products must be kept in appropriate conditions to be eligible for a refund.

5. Tracking Number: A refund tracking number may be provided to the customer so that they can monitor the status of the process with their bank. This number will be available upon request from the customer.

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