Terms and Conditions

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This agreement describes the Terms and Conditions of the services provided by Capital Flores (“Capital Flores”) within the website https://www.capitalflores.com/ (the “Site”), and a mobile application (the “Mobile Application” and together with the Site, the “Platform”) for the acquisition by third parties, individuals and/or legal entities (the “Users”) of different floral arrangements, stuffed animals, sweets, toys, food, beverages, chocolates and other products (the “Products”) through the Capital Flores Platform.

By using the services and the Platform, Users acknowledge and agree that the following Terms and Conditions are mandatory and binding. Likewise, they accept and acknowledge the responsibilities arising from this agreement.

Therefore, by accepting the Terms and Conditions, Users acknowledge that this agreement will govern the contractual relationship between the parties, the responsibilities, and any other legal consequence that may arise from this agreement, between the Users and Capital Flores.

Users, to use the services and the Platform, must read and accept the Terms and Conditions; otherwise, they must refrain from using the Platform and the services.

User Capacity

To use the Platform and the services, Users must have the legal capacity to contract. Persons who do not have the legal capacity to be bound, minors, and those Users who have been suspended or disqualified by Capital Flores may not use the Platform and the services.

In the case of individual Users, they acknowledge and agree that in accordance with the laws of the country in which they use the services and the Platform, they have sufficient legal capacity to be bound by the terms of this agreement.

In the case of corporate Users, the persons carrying out the registration must have the legal authority to bind, and therefore, the persons carrying out the registration on behalf of the corporate Users acknowledge and agree that the corporate Users have the capacity, knowledge, experience, infrastructure, permits, licenses, authorizations, elements, and personnel of their own, which allow them to be bound in accordance with the Terms and Conditions.

I. Registration

Users must complete the registration with their personal or corporate information, which must be true, current, accurate, and complete. Users are responsible for false, outdated, inaccurate, or incomplete information before, as the case may be, Capital Flores, the third parties that exhibit and market their Products through the Platform (“Third Parties”), the suppliers subcontracted by Capital Flores for the preparation and distribution of floral arrangements and other Products (“Suppliers”), or any other entity or person to whom damage may be caused by the Users having provided information of this nature.

Once registered, Capital Flores will provide its Users with an account number and a password that will allow them to access the Platform. The use of said data is the responsibility of the Users, and they must take care of and protect it.

The account number and password are non-transferable and may only be used by those persons who have registered on the Platform in accordance with the foregoing. Obtaining the account number and password makes the Users responsible for their use, as they are unique and personal, and therefore only registered Users may have access to the Platform.

Users agree to use their password and account number in accordance with the law, morality, and good customs. In the event that Users use the password and account number in contravention of the foregoing, they will be responsible for their misuse.

By accepting these Terms and Conditions, Users accept and acknowledge that Capital Flores is not responsible for the registration information that Third Parties and Suppliers enter on the Platform and agree to hold Capital Flores harmless from any claim that may be made by Users regarding the information provided by said Third Parties or Suppliers.

II. Capital Flores's Right to Cancel Registrations

Capital Flores shall be entitled at any time to prohibit, cancel and/or remove the registration of Users who do not comply with the provisions of section II. above.

Likewise, the registration of Users who are caught carrying out any of the behaviors described in section XIII or who acquire the Products classified as "prohibited" in this document will be canceled, without prejudice to any civil or criminal actions they may incur.

Furthermore, Capital Flores may, at its sole discretion, cancel the registration of Users who do not comply with the provisions of these Terms and Conditions.

Notwithstanding the foregoing, and in accordance with the provisions of these Terms and Conditions, Capital Flores reserves the right to terminate Users at any time.

III. Services

1. Product Preparation and Sale Services

a) Request for Product Preparation

Through the Platform, Users may purchase Capital Flores's Products which are prepared and distributed by various Suppliers affiliated with Capital Flores. When the User chooses the Product they wish to purchase, a text with the description and cost of the Product will be displayed.

Once the User chooses the Product they wish to purchase, they must choose the option to buy on the Platform.

In this regard, the User must indicate the following: (i) date and time slot for delivery of the Product; (ii) full name and telephone number of the recipient; (iii) full address and references where the Product should be delivered; (iv) name, email, and telephone number of the user; and (v) Payment Method (as defined below).

The User acknowledges and agrees that it is solely their responsibility to correctly provide the data described in the immediately preceding paragraph.

Once the User chooses the Product they wish to purchase and has provided the data established in this section, they must choose the accept option to send the order so that the preparation of the Products can begin.

In this sense, once the order is sent, the Supplier will begin preparing the Products and the User will be indicated that the Product is already in "Preparation" status or, if applicable, if the Supplier does not have the Product requested by the User. For the purposes of this paragraph, "Preparation" is understood as the moment in which the Supplier begins the preparation of the Products.

b) Products

All products presented on this website (with possible occasional modifications) are available almost everywhere in the country where Capital Flores operates. El sitemap notificará al Usuario si el producto no está disponible para entrega en una dirección particular.

b.1 Some product ranges are only available in certain delivery areas. If for any reason an order is accepted in an area that we do not cover, a full refund will be applied within a maximum period of 30 days from the expected pickup/delivery date.

b.2. Some flower and plant products may be delivered in bud form to ensure a longer shelf life. For example, in order to provide the freshest and longest-lasting flowers, lilies may be delivered with closed buds and will open in 1 to 2 days.

b.3. There is a possibility that some flowers and plants may be harmful or poisonous; please be sure to visit our Allergy and Health information page before submitting your order.

b.4. All products are subject to availability. In case of supply difficulties, we reserve the right to substitute the product with another of equivalent value and quality, and you will be sent a notification to approve the change, as mentioned in section IV.1.c. Rest assured that the flowers will be comparable in quality. If you do not approve the change, a partial or full refund will apply.

b.5. In the event that we are unable to supply all or part of your order (the product or any substitute product), you will be notified as soon as possible and your payment will be refunded in full within a maximum of 30 days from the expected pickup/delivery date.

b.6. Certain products are not available for same-day delivery or for other special delivery services. More information on product availability and delivery options will be offered when placing your order.

b.7 The service is provided by contracted local suppliers, for that reason we cannot send the product to other municipalities, cities, or countries, in case of a change of address.

c) Acceptance of Products

Once the Product is finished, the Products will be automatically accepted except in cases where Capital Flores offers an image validation service for some products.

If the service is available for the selected Product, the User will receive a notification via the Platform, email, or SMS with an image sent by the Supplier, for the User to validate if the Product meets the quality standards and the description on the Platform. The User will have a period of 10 (ten) minutes to accept or deny the Product prepared by the Supplier. After 10 minutes, the order will be considered approved to meet the agreed delivery times.

If the User does not agree with the Product, the Supplier must prepare the Product again and make the corresponding adjustments and resend the image of the Product to the Platform.

If the User does not agree with the Product, this may cause delays in delivery, so it is understood that the arrangement may be delivered later on the same day. Likewise, if the User cannot agree with the image, they may cancel the order and request a refund, which will be refunded in full within a maximum 30 days from the expected pickup/delivery date.

If the User does not validate said image within the mentioned period, the Product will be taken as accepted so as not to delay the order and to be able to comply with the delivery schedule.

Likewise, Capital Flores may not offer the image validation service on those days when it judges that offering this service compromises the timely delivery of the Products.

d) My Account Services

Capital Flores offers the My Account service as an additional feature for your personal use, subject to these Terms and Conditions. In order to provide the service, we will retain certain personal information. Except to the extent that we are required or permitted by law, any personal information we collect will be used solely for the purposes of providing the service.

Please note that we reserve the right to link the personal information you provide on our various websites and through current and future Capital Flores mobile applications.

Only persons over 18 years of age may register for the service. When registering for the service, you will be asked to create a password. You must keep this password confidential and not disclose or share it with anyone. You will be responsible for all activities and orders placed with your password. If you know or suspect that someone knows your password, you must notify us immediately. If you have forgotten your password, use the password reminder service (this option is located next to the My Account login box).

If Capital Flores has reason to believe that a security breach or misuse of the service or website is likely, we may ask you to change your password or suspend your use of the service.

Please ensure that the details you provide during registration or at any other time are correct and complete.

You must inform us immediately of any changes to the information you provided when registering and update your personal data. You can update the information provided at any time by visiting the My Account section. This will ensure that the service we provide is accurate and up-to-date.

The service is intended to provide assistance with purchases made through the website. The service should not be used for the following purposes:

The dissemination of illegal, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material for any reason.
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the website.

Capital Flores reserves the right to refuse to post material on the website, or to remove material already posted on the site.

Although we take all reasonable care and attention in relation to the service, we make no representations or warranties of any kind (express or implied) regarding the content or operation of this service, and such representations and warranties are excluded by this notice. We do not guarantee that the use of the Service will be uninterrupted or error-free. Despite efforts to ensure that reminder emails configured in your account are processed and delivered as requested, we cannot be held responsible if these messages are not delivered. Your use of the service is at your own risk and we accept no liability for any loss or damage you may suffer as a result of using the service.

Your access to the website and service may be occasionally restricted for routine maintenance.

These Terms and Conditions apply in conjunction with the general Terms and Conditions of the website regarding general use and placing orders. We remain committed to protecting your privacy; more information can be found in our Privacy Policy.

We have certain obligations regarding your personal information. Some of the information you provide may be "sensitive" information, such as race, political opinion, religion, trade union membership, mental or physical health condition, sexuality, etc. By registering for the service and providing your data, you agree to our use of the data as described above. When you provide information about other people (e.g., their date of birth or address), you also confirm that you have their consent to provide us with this information.

2. Product Delivery

The User shall be entitled to have the Product delivered to the address they have indicated once the Product is accepted in accordance with section IV.1.a) above.

In this regard, the User will be solely responsible for the data they indicate through the Platform. If the Suppliers cannot make the delivery because the User incorrectly indicated: (i) the date and time slot for delivery of the Product; (ii) the full name of the recipient; and/or (iii) the full address and references where the Product should be delivered.

If your order includes multiple items for delivery to the same address, they may be sent separately.

a) Recipient not found at the address

If the recipient is not at the address or cannot be located for delivery, the Supplier will try to leave the Product with a concierge, receptionist, neighbor, or other.

The maximum waiting time for the delivery person is 10 minutes, after which:

For offices, hospitals, funeral chapels, residential complexes, or other buildings with multiple access controls, an attempt will be made to leave the Product with a coworker, at reception, with an assistant, etc. If delivery is not possible, the User will be notified via email.
For a private residence, if no one is available to receive the delivery, the User and the recipient's address will be notified that a delivery attempt was made and that they should contact us to reschedule.

The second delivery attempt will be made at no additional cost as long as the Product was not purchased with a delivery fee. If the Product had an additional delivery cost, the second delivery attempt will have an additional cost which will be communicated at the time of rescheduling.

In case of a second failed delivery attempt, Capital Flores will consider the service concluded and a full refund will be issued within a maximum of 30 days from the expected pickup/delivery date.

The maximum waiting time for a courier is 5 minutes, after which:

For a perishable product: the shipment will be returned to the central facility for a second delivery attempt. If the second delivery is not possible, Capital Flores will consider the service concluded and a full refund will be issued within a maximum of 30 days from the expected pickup/delivery date.
For a non-perishable product: the shipment will be returned to the central facility for a second delivery attempt. If the second delivery is not possible, the shipment will be returned and the customer will be fully refunded within a maximum of 30 days from the expected pickup/delivery date.

b) Addresses with conditional delivery

In the case of delivery to certain locations with third-party intervention, such as offices, hospitals, funeral homes, airports, hotels, ships, and other commercial establishments, the signature of any person authorized to accept deliveries on behalf of the organization will be accepted as proof of delivery to the selected recipient.

Capital Flores will at all times try to comply with the delivery commitment according to the rules of each place, but is not responsible if these prevent the delivery of the Product. Therefore, it should be considered that some institutions or businesses do not allow direct delivery to the recipient (for example, some medical institutions do not allow flower delivery to rooms). If this problem arises, Capital Flores will try to contact the User to arrange delivery outside the institution or to reschedule.

If for any reason delivery cannot be made, the conditions of Section III.2.a will apply.

c) Delivery of Rejected Products

If the recipient refuses or does not want to receive the Product, the User will be notified and Capital Flores will consider the service concluded and a full refund will be issued within a maximum of 30 days from the expected pickup/delivery date.

d) Express Deliveries

Users may indicate through the Platform that the Product be delivered within a certain time frame "Express Delivery". Users acknowledge and agree that if they request an "Express Delivery" order, an additional fee will be charged, which will be indicated on the Platform at the time the User places the purchase order.

Express shipments are not available nationwide and are subject to time availability.

e) Communication for delivery

The Affiliated Supplier may call the User if they are outside the User's address and no one is available to deliver the Product.

In this sense, the User acknowledges and agrees through this agreement that if the delivery cannot be made, they may be contacted at their telephone number.

f) Rescheduling

The User must communicate within the next 7 days; otherwise, Capital Flores will give the option to reschedule within a period of 1 year at no cost or request a refund if the User so prefers.

Rescheduling will depend on the availability of our network of affiliated florists; the customer service agent will inform you during contact of the available delivery options.

g) Proof of delivery and location

Recipients must sign the proof of delivery requested by the Supplier or their staff with their name, signature, date, and time of delivery so that the Supplier can justify the delivery of the Product.

h) Delivery Liability

We are not responsible for failure to meet our obligations if this failure is the result of extraordinary circumstances (such as fires, floods, earthquakes, storms, hurricanes, or other natural disasters), violent invasion, hostilities of foreign enemies (in declared or undeclared war), civil war, revolution, rebellion, insurrection, military usurpation of power, terrorist activities, nationalization, government sanction, blockade, embargo, labor disputes, strike, lockout, or interruption or failure of electrical or telephone service.

i) Courier Deliveries

Delivery by courier is not available for same-day delivery, Sunday or holiday delivery, or local or regional holidays as indicated.

Deliveries via courier service will be made during business hours between 9:00 AM and 7:00 PM.

3. Cancellations and/or Returns

The User may cancel the Products for any reason as long as the order is still listed as a "new order" within the platform.

If the image validation service is offered as indicated in Section III.1.c), the User may cancel the Products even if they are in "in preparation" status if they have rejected the product image.

a) Perishable products

If perishable Products are not to your entire satisfaction, a return may be requested within 48 hours from the delivery of the order. After this period, our product warranty policy concludes, as we work with a perishable product.

b) Personalized products

We regret that it is not possible to cancel an order for personalized products if the personalization process has already begun (indicated on the Platform as "in preparation").

c) Other products

For non-perishable Products, a return may be requested within 30 (thirty) calendar days after the delivery date, provided the products are in their original packaging and condition and are returned to the supplier. For this, the User may request a shipping label with which they can return the Product to the supplier. Returns that are in suitable condition and accepted by Capital Flores will be refunded in 7 days.

d) Fraudulent payments or cloned cards

The User has the right to cancel any payment at any time in case of fraudulent use of their credit or debit card by another person not acting on your behalf or as your agent and to receive a refund of the amounts from us to the extent that such amounts are not reimbursed by the card issuer in such circumstances.

e) Orders paid in cash through convenience stores

In Mexico, it is not possible to issue refunds for payments made with Oxxo, 7-Eleven, Extra, Farmacias del Ahorro, Farmacia Benavides and bank transfer.

Therefore, if the return or claim is approved, an open order with a validity of 12 months may be left for the User to use the paid amount on a later occasion.

IV. Fees and Billing

Users agree to pay the fees mentioned below:

1. Fees for Products

When using the Platform and choosing the corresponding Product as established in the section, the price corresponding to the Product will be displayed (the "Supplier Product Fees").

In this regard, Capital Flores reserves the right to modify, at any time, the Supplier Product Fees, at its sole discretion.

1. The prices appearing on the Capital Flores website are valid for a maximum of 10 days from the submission of your order.

2. Prices include VAT for deliveries in Mexico.

3. Product prices include shipping costs to selected destinations. Capital Flores may require additional shipping costs for regions specified by the company. If this occurs, the User will be notified before the purchase.

The User must make the payment of the Supplier Product Fee, in accordance with the Payment Methods indicated in section V.3 of this document.

The User acknowledges and agrees that they must pay the Supplier Product Fees indicated by Capital Flores.

2. Shipping Fees

If the Supplier is unable to deliver the Products on two different occasions, the User must pay a fee that will be determined by Capital Flores at the time of rescheduling the delivery (the "Multiple Shipping Fee").

The User, by accepting the Terms and Conditions, agrees to pay the Multiple Shipping Fee in the aforementioned case and agrees that the charge be made to the chosen payment method or to pay the Multiple Shipping Fee according to the Payment Methods indicated below.

Capital Flores may also charge any other fee or make charges for sending the products to the Users' addresses. Capital Flores will notify the Users of this situation on the Platform, who may accept or deny said charge or fee. If the fee or charge is denied by the Users, the Supplier will not be responsible for the delivery or preparation of the Products.

3. Payment Method

The aforementioned Product Fees and Shipping Fees will be covered by the Users and in favor of Capital Flores through the following Payment Methods: (i) electronic payment platforms like PayPal, (ii) payment by credit or debit card; and (iii) in cash at the following convenience stores ("Payment Method") [Oxxo].

Likewise, Capital Flores may, from time to time, add other Payment Methods different from those indicated in this section.

a) Cash payments at convenience stores

When you select this payment method, you will be redirected to another page. On the page, there will be a barcode that you must print and take to the store to make your payment. You must send your proof of payment to legales@capitalflores.com. El Usuario debe realizar el pago y notificarlo vía WhatsApp antes de que comience el horario de entrega; de lo contrario, el pedido se reprogramará.

For subsequent deliveries, the payment limit is 7 days after the barcode was generated. As long as it is paid at least 1 hour before the shipping period begins.

*Please note that no delivery will be made unless you have already made your payment. No returns are accepted with this payment method.

4. Billing

For the purposes of Product Fees, and Shipping Fees, Users who require a tax receipt must have the corresponding Federal Taxpayer Registry ("RFC") and other applicable tax data, and request it once the payment is made. The request for a tax receipt must be made by submitting a request through the Platform no later than the 1st (first) day of the month immediately following the one in which the corresponding charge was made.

In the case of Products sold directly by Third Parties, they must issue the corresponding tax receipt and send it to Capital Flores on the business day following the User's request in accordance with the provisions of the preceding paragraph.

V. Customer Service

If you are not satisfied with Capital Flores's Service, any complaints or questions related to our products and services should be addressed in the message field on the "Contact Us" page.

Our Customer Service is available on the dates and times specified in the contact numbers on the "Contact Us" page.

Due to the perishable nature of most products and in order to help us resolve claims quickly and to the full satisfaction of the parties, we advise you to make your claim within 1 business day from the date of delivery or expected delivery of your purchase.

VI. Promotions

Capital Flores will at all times have the authority to organize campaigns, promotions, generate discounts, promotional codes, and other unilateral offers in order to increase sales and advertise the Products.

Capital Flores will have no obligation to maintain a campaign at the request of the Users. Users may participate in promotions as determined by Capital Flores.

a) Promotional codes

Capital Flores discount coupon codes ("Coupon Codes") can only be used on purchases made on Capital Flores Websites or Application for deliveries in the promotion region.

Coupon codes must be entered in the relevant section of the order process on the Capital Flores websites. We are not able to apply a discount to orders already placed.

Discount codes are usually restricted to one use per customer and should not be passed on to other users.

Coupon codes may also have a maximum number of uses; if we cannot accept the discount code you have entered, it is likely because the code has expired or the maximum number of uses for the promotion has been exceeded. We will notify you during the order process and the discount will not be applied.

Selected coupon codes may be restricted to specific products; as far as possible, details of any restrictions will be communicated when the coupon is promoted.

Coupon codes cannot be exchanged for cash or used in conjunction with other promotions.

When the coupon code entitles you to a percentage discount, the discount will not apply to the delivery charge or any additional services requested.

Coupon codes may be withdrawn or suspended without notice and for any reason. We will notify you during the order process if we cannot accept the discount code entered.

We cannot be held responsible for unavailability that may prevent the use of coupon codes.

These terms of use are subject to change at any time.

VII. Liability

In the event that for any reason beyond its control the Platform does not function correctly, the User, by accepting and acknowledging the Terms and Conditions, releases Capital Flores from all liability.

In the event that one or more Users initiate any type of claim or legal action against any Third Party or Supplier, each and every one of the parties involved in said claims or actions exempts Capital Flores, as well as its directors, executives, employees, affiliates, agents, principals, and dependents from all liability.

This agreement does not create an employment relationship between the Users and Capital Flores or its workers or employees, nor does this agreement constitute any association, civil or commercial partnership, nor does it imply the establishment of an agency relationship between the Users and Capital Flores, for which reason the Users agree to hold Capital Flores, its employees, agents, or representatives harmless against any claims, losses, liabilities, and expenses arising in connection with their own businesses.

VIII. Modifications to the Agreement

Capital Flores may modify the Terms and Conditions at any time, notifying Users through the Platform of the modifications made. The modifications to the Terms and Conditions will take effect 1 (one) business day after their publication on the Platform. If Users do not agree with the modifications, they must stop using the Platform and, if applicable, may notify Capital Flores of this situation to proceed with the termination of their account.

Capital Flores will understand that Users accept the Terms and Conditions if they continue to use their accounts and passwords to enter the Platform and use the services.

IX. Privacy of Personal Data and Use of Information

To use the Platform, Users must enter their information. For these purposes, Capital Flores stores the information on servers that maintain security and technological protection standards in accordance with its capabilities and internal policies and standards.

The information provided by Users is treated as confidential and certain data will only be shared with Third Parties or Suppliers in accordance with the provisions of Capital Flores's Privacy Notice.

By accepting these Terms and Conditions, Users acknowledge that Capital Flores will not be responsible in the event that, through infiltration, a virus, or any malicious conduct, a third party extracts confidential information from the Platform.

Capital Flores will treat personal data in accordance with the Federal Law on Protection of Personal Data Held by Private Parties. For more information, visit our Privacy Notice.

By accepting these Terms and Conditions, Users authorize Capital Flores to use this information for the purpose of providing the services.

By entering their information on the Platform, Users acknowledge and agree that Capital Flores may classify them as it deems appropriate; therefore, Capital Flores will not be responsible for any damages that such classification may cause to Users.

X. Security

Capital Flores will make reasonable efforts and in accordance with its internal technical capabilities to protect the information that Users place on the Platform through the use of different programs and software.

Capital Flores does not represent or warrant that the Platform will remain free of loss, deterioration, attacks, viruses, interference, hacking, or other security intrusions; therefore, Users release Capital Flores from all liability related to the foregoing.

XI. Prohibitions

Users are prohibited from: (i) entering false information on the Platform; (ii) posting aggressive and insulting comments; (iii) exploiting Capital Flores's services in an unauthorized manner and against these Terms and Conditions; (iv) using the Platform to carry out unfair competition practices, for fraudulent purposes, or any other that goes against the law or good customs; (v) acquiring or requesting products prohibited by law as well as those mentioned in the following paragraph; and (vi) using User information for purposes other than those established in these Terms and Conditions.

In relation to the above, the purchase of the following products through the Platform is prohibited: (i) airbags, (ii) products subject to permits and licenses from authorities for their commercialization, (iii) firearms and sharp objects, (iv) all types of animals, (v) stolen items or those obtained through an illegal act, (vi) any type of value issued by any government, (vii) master keys, (viii) pornographic materials or any product related to sexual activity, (ix) radar detectors, (x) all types of medicines and pharmaceutical articles, (xi) formal clothing, (xii) counterfeit or pirated products, (xiii) any type of tickets to participate in lotteries, games, and raffles, (xiv) electronic items used for radio and communication of signals, (xv) tobacco-based products, (xvi) electronic cigarettes and other products for their operation, (xvii) flammable or explosive products, (xviii) narcotics, psychotropics, and THC effect inhibitors and in general products that imply a decrease or could cause inaccuracy in anti-doping tests, (xix) species prohibited for commercialization, (xx) personal data and rights, (xxi) gift certificates or discount coupons for all types of products, (xxii) objects that can be used to interfere with the management system of automobiles, (xxiv) cosmetic products, and (xxv) seat belts.

XII. System or Database Violations

It is prohibited to alter, disrupt, damage, or perform any other conduct that modifies the Platform, Capital Flores's system, software, operation, and/or database owned by Capital Flores.

Persons caught carrying out any of the activities mentioned in the preceding paragraph will be responsible for the applicable legal actions, as well as for indemnifying Capital Flores for the damages caused.

XIII. Sanctions

Users who engage in any conduct contrary to the law, good customs, or these Terms and Conditions will be subject to the following sanctions: (i) account suspension; (ii) payment of damages and (iii) conventional penalties established by mutual agreement between Users and Suppliers with Capital Flores.

Users acknowledge that Capital Flores will not be liable for any sanction for system failures, information modification, information disclosure, and other applicable conduct in accordance with this agreement.

XIV. System Failures

Capital Flores will not be responsible for failures in the Platform, on the internet, or in the system and does not guarantee Users uninterrupted access or use of the Platform. Therefore, Users, by submitting to the Terms and Conditions and using the Platform, accept that Capital Flores is not responsible for any damage or harm that may be caused to them by system failures of any nature.

XV. Intellectual Property

All intellectual property rights of the Products prepared by Capital Flores are and belong to Capital Flores. Third Parties who display their products on the Platform will grant a free license to Capital Flores to display their photographs for the purpose of providing, displaying, offering Products or services, and other purposes contemplated in these Terms and Conditions.

The unauthorized use by Users of the Platform, the software, or any part of Capital Flores's services is strictly prohibited and infringes the intellectual property rights of Capital Flores and/or its licensors, being subject to civil and/or criminal penalties, as well as possible monetary compensation for damages caused by virtue of the infringement of Capital Flores's copyright and intellectual property rights.

The contents of the screens relating to the services offered by Capital Flores, as well as the programs, databases, networks, and files that allow Users to access the Platform, are the exclusive property of Capital Flores and are protected by international copyright and intellectual property laws and treaties, trademarks, patents, models, and industrial designs. The improper use of such information, as well as the total or partial reproduction of said contents, is prohibited, except with express written authorization from Capital Flores.

XVI. Use of Social Media

The following Terms of Use Policy applies to anyone who accesses or posts on Capital Flores's blog or social media.

General Terms of Use for Social Media

By using or accessing any of Capital Flores's social media, you agree to comply with this Terms of Use Policy, as well as other participation rules defined by the various social media platforms (e.g., Facebook's Statement of Rights and Responsibilities, Twitter's Terms of Use, etc.).

Posting on Capital Flores's Social Media or Blog

You must be 18 years of age or older to post on Capital Flores's social media.

By posting on any of Capital Flores's social media, you agree to be solely responsible for the content of all information you contribute, link to, or upload.

You agree that everything you post must be truthful, accurate, not misleading, and in good faith, and that you have the right to post such content.

You agree not to post:

False, misleading, or fraudulent comments.
Materials containing confidential material or that violate the privacy rights of third parties.
Photos or comments that include or reproduce profanity, pornography, threats, hate speech, incitement to violence, personal attacks, illegal statements, or unsafe practices.
Content that attempts to impersonate another person, including, without limitation, customers, Capital Flores employees, associated florists, suppliers, partners, or other community members.
Unauthorized commercial communications (spam).
Viruses or other malicious programs.

By posting on one of Capital Flores's social media, you agree to be respectful of other community members, as well as the Capital Flores community management team.

Content Moderation

Capital Flores reserves the right to moderate its content posted on social media.

Any post that is not in line with the Terms of Use policy will be removed or not published, as determined by Capital Flores at its sole discretion.

Capital Flores reserves the right to remove any report or post that may be considered inappropriate or offensive.

Repeated violations of this Terms of Use policy may result in the user being expelled or blocked from Capital Flores's social media with corresponding information to the social media platforms.

Any threat against persons or property will be reported to the police.

Privacy Protection

Act wisely when protecting yourself, your privacy, and the privacy of others. What you post is available to a very wide audience and possibly for a long time, so you should carefully consider what you write. Do not send personal or confidential information about yourself or others, including bank account details, information that could be used to locate you or others, or information that could be considered an invasion of privacy.

Content and Copyright

Capital Flores assumes no responsibility for errors or omissions in any material posted on Capital Flores's social media. For any content you post on Capital Flores's social media, you warrant that it is your original work or, if protected by third-party intellectual property rights, you represent and warrant that you have obtained all rights to third-party content and grant Capital Flores a specific international, perpetual, irrevocable, and fully paid, transferable right and license to exercise all copyright, publicity, moral rights, and any other intellectual property rights with respect to any content you provide.

Policy on Social Media-Related Claims

Capital Flores welcomes all feedback on its products and services. If you wish to contact us regarding a complaint about Capital Flores's social media, a member of the online customer service team will assist you and will do their best to respond and resolve your claim in a timely manner and in accordance with Capital Flores's Customer Service Policy. Capital Flores maintains a zero-tolerance policy towards customers who use abusive or threatening language and will take steps to protect its online customer service team, including removing offensive messages and reporting the user to the relevant social media platforms and, if necessary, to the police. During Capital Flores's customer service team's working hours as indicated on the "Contact Us" page on capitalflores.com, Capital Flores will always strive to respond to your complaint within 1 hour of its posting. Outside of these hours and during busier commercial periods such as Christmas, Valentine's Day, and Mother's Day, please allow up to 4 hours for a response.

XVII. Indemnification

By using the Platform, Users agree, to the extent permitted by law, to indemnify and hold harmless Capital Flores, its directors, officers, employees, affiliates, agents, principals, and dependents, with respect to any claim arising from the breach of this agreement.

This means that Users may not sue, seek compensation for any damage caused by Capital Flores, its directors, officers, employees, affiliates, or agents, arising from Capital Flores's decision to remove or deny the processing of information, as well as for the suspension or interruption of access to the Platform. This indemnification provision applies to all violations contemplated in this agreement.

XVIII. Termination

If Users fail to comply, or Capital Flores suspects that they have not complied with any of the provisions of this agreement, as well as the obligations contracted through the Platform or by virtue of the services, Capital Flores may, at its discretion and without prior notice: (i) terminate this agreement and/or cancel their access account, being responsible for all sums of money due to Capital Flores up to the date of said termination; and/or (ii) prevent access to the Platform to use Capital Flores's services.

Capital Flores reserves the right to modify, suspend, or discontinue the services provided through the Platform at any time with or without notice, and Capital Flores will not be liable to Users or any third party if it exercises such rights.

XIX. Applicable Jurisdiction

For the interpretation, compliance, and execution of this agreement, the parties expressly submit to the jurisdiction of the competent courts of Mexico City, thereby waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.

XX. Dispute Resolution

By accepting the Terms and Conditions, Users freely and voluntarily agree that all disagreements, controversies, disputes, or litigious issues arising from this agreement, before resorting to arbitration, judicial proceedings, or any of the alternative dispute resolution means set forth below, must file a complaint with Capital Flores.

Once the complaint referred to in the preceding paragraph has been filed and the User's claim has not been satisfied within a period of 45 (forty-five) business days from the filing of said complaint, Users agree to submit such controversies, disputes, or litigious issues arising from or related to this agreement, first, to the procedure under the Mediation Rules of the International Chamber of Commerce.

In the absence of a resolution of the disputes under said Rules within 45 (forty-five) business days following the filing of the request for Mediation, such disputes shall be finally resolved in accordance with the Arbitration Rules of the International Chamber of Commerce, by one or more arbitrators appointed in accordance with these Arbitration Rules.

For its part, Capital Flores may at any time initiate the dispute resolution procedure that best suits its interests, in order to demand compliance with any obligation on the part of the Users, as well as to sue for damages and/or losses, and any compensation that may be generated in favor of Capital Flores.

The use of the Platform, as well as your registration as a User, means that you accept the Terms and Conditions.