1.1 Acceptance of the Terms
Welcome to Mercadete.com (hereinafter “Mercadete”, the “Platform” or the “Site”), operated by Tree Commerce (“Tree Commerce”, “we”, “our” or “us”).
These Terms and Conditions govern access to, browsing and use of Mercadete.com, as well as the purchase of products and the use of the services available through the Platform.
By accessing the Site, creating an account, placing an order or using any of our services, the user declares that they have read, understood and accepted these Terms and Conditions, together with the other applicable policies published on Mercadete.com. If you do not agree, you must refrain from using the Platform.
1.2 About Mercadete.com
Mercadete.com is an e-commerce platform operated by Tree Commerce that allows users to purchase products available for delivery to the destinations enabled by the Platform, including certain locations in Cuba where the product, the transaction and the delivery are eligible under the applicable commercial, logistical and regulatory conditions.
The availability of a product on the Site does not constitute a guarantee of permanent availability nor, by itself, a confirmation that the product may be sold, exported, re-exported, transported or delivered to any destination.
1.3 Eligibility and legal capacity
The user must have sufficient legal capacity to carry out transactions and assume contractual obligations. By using the Platform, the user declares that the information provided is true, complete and up to date.
When the user makes a purchase for the benefit of a third party, the user is responsible for providing the recipient’s details correctly and for holding the authorization needed to share them with Mercadete and with the providers involved in the operation and delivery.
The user may not use Mercadete.com if they are the subject of United States sanctions, or of sanctions consistent with United States law imposed by the government of the country from which the user accesses Mercadete.com.
1.4 User account
Mercadete may allow or require the creation of an account. The user is responsible for keeping their credentials confidential, protecting access to their account, keeping their information up to date and notifying us without delay if they identify unauthorized use.
Mercadete may limit, suspend or cancel an account where there is evidence or reasonable suspicion of fraud, abuse, identity theft, breach of these Terms, a security risk or a possible violation of applicable laws or regulations.
1.5 Product information
Mercadete strives to provide reasonably accurate descriptions of the products offered. Photographs and illustrations are for informational purposes, and the manufacturer may change packaging, labels, presentations, colors or other non-essential elements without prior notice.
The features, dimensions, weight, quantity and other relevant information will be those stated on the product page where available. Mercadete may correct errors in description, availability or price before completing a transaction.
1.6 Availability, substitutions and out-of-stock items
All products are subject to availability. The inclusion of a product in the catalog does not guarantee that it will remain available when the order is processed.
When a product becomes unavailable after an order has been placed, Mercadete may offer a substitution where the customer has authorized that option, remove the product and refund its price, adjust the order with the customer’s authorization, or cancel the order where necessary.
The availability of substitute products is not guaranteed. Where a substitution involves a materially different product, Mercadete will endeavor to obtain the customer’s authorization through the mechanism available on the Platform.
1.7 Orders and acceptance
Submitting an order constitutes a purchase request. Receiving an automatic confirmation, an order number or a similar communication confirms that Mercadete received the request, but does not necessarily constitute final acceptance of the transaction.
Before accepting, processing or completing an order, Mercadete may verify availability, the identity and information of the buyer, payer and recipient, the delivery address, the payment method, fraud indicators, product restrictions, export controls, economic sanctions and any other applicable commercial, logistical or regulatory condition.
Mercadete may request additional information where reasonably necessary to complete such verifications.
1.8 Prices, charges and errors
The applicable prices will be those shown on the Platform when the order is placed, except for obvious errors or technical failures. Before a purchase is confirmed, Mercadete will endeavor to show the amounts associated with the transaction, including, where applicable, the price of the products, service charges, shipping or delivery costs, taxes, fees and other applicable charges.
Mercadete may change prices with respect to future purchases. If a manifest pricing error is detected before final acceptance of an order, Mercadete may correct it, cancel the order or ask the customer to confirm the purchase at the correct price.
1.9 Payments
The available payment methods will be those indicated during the checkout process. Payments may be processed by specialized third-party providers.
The user authorizes Mercadete and its service providers to process the information necessary to authorize and complete payment, prevent fraud, manage disputes or chargebacks and issue refunds.
Mercadete may suspend or reject a transaction where payment is declined, the information provided is inconsistent, there is reasonable suspicion of fraud, additional verification is necessary or the transaction cannot lawfully be processed.
1.10 Buyer, payer and recipient
The buyer is responsible for providing correct and sufficient information to complete the transaction. Where the buyer, payer and recipient are different persons, Mercadete may carry out additional verifications.
The buyer must correctly provide, as applicable, the recipient’s name, delivery address, province or municipality, telephone number, location references and any other information reasonably necessary to make the delivery.
1.11 KYC, fraud prevention, anti-money laundering and transaction verification
Mercadete and Tree Commerce may apply reasonable, risk-based identification, verification and due diligence measures with respect to the persons and entities taking part in a transaction, for the purpose of preventing fraud, money laundering, sanctions evasion, unauthorized use of payment methods and other unlawful uses of the Platform.
Depending on the risk level of an operation, Mercadete may request or verify information about the identity of the buyer, payer or recipient; contact details; the payment method; the relationship between the parties; information about a company or other legal entity; and, where circumstances warrant additional review, information reasonably necessary to assess the legitimacy of the transaction.
Mercadete may place an order under review, request additional documentation, suspend its processing, limit an account, reject an operation or cancel a transaction where it cannot reasonably verify the information provided, there is suspicion of fraud or other unlawful activity, an attempt is made to conceal one of the relevant parties, or continuing with the operation would pose a legal, regulatory, financial or security risk.
1.12 Sanctions compliance and export controls
It is the policy of Mercadete and Tree Commerce to conduct their operations in accordance with applicable United States laws and regulations relating to export controls, economic sanctions and international trade.
Operations relating to Cuba may be subject, among other rules, to the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce, Bureau of Industry and Security (BIS), as well as to the Cuban Assets Control Regulations (CACR) administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), in addition to other applicable authorities.
Mercadete may review the classification, origin, manufacturer and supplier of the product; the buyer, payer, recipient, end user and end use; the delivery location; the logistics operator; and any other persons or entities involved.
Mercadete may suspend, reject, cancel or request additional information regarding an order where the product requires an authorization that is not available, export or re-export restrictions exist, a person or entity involved is restricted, a prohibited end use is possible, the information is insufficient or inconsistent, or continuing with the operation could result in a legal or regulatory breach.
The listing of a product on Mercadete.com does not constitute a representation or warranty that the product is automatically authorized for export, re-export, sale or delivery in Cuba.
1.13 Prohibition of evasion and unlawful activities
The user may not use Mercadete to conceal the identity of a person involved in a transaction; provide false information; use fictitious recipients; conceal the true end user or beneficiary of an operation; deliberately alter the destination of a product; split or structure transactions to avoid controls; use stolen or unauthorized payment methods; evade export controls or sanctions; make payments on behalf of restricted persons; launder or conceal funds of unlawful origin; or facilitate any other prohibited activity.
1.14 Deliveries
Mercadete will make or coordinate deliveries only in the areas indicated as available. The dates and timeframes indicated during the checkout process are estimates, unless expressly stated otherwise.
Delivery times may be affected by product availability, transportation, the recipient’s location, access difficulties, weather conditions, infrastructure disruptions, regulatory controls, government measures, force majeure and other circumstances beyond Mercadete’s reasonable control.
1.15 Delivery confirmation
Mercadete or its logistics operators may use reasonable mechanisms to document a delivery, including a signature, delivery code, telephone confirmation, photograph, the name of the person receiving it or the logistics operator’s electronic records.
1.16 Cancellations, returns and refunds
Cancellations, returns, claims and refunds are governed by the Returns, Cancellations and Refunds Policy of Mercadete.com.
Mercadete may cancel an order where it is impossible to complete for reasons of inventory, payment, fraud, logistics, security, export controls, sanctions or other legal obligations.
1.17 Permitted and prohibited use of the Site
It is prohibited to use Mercadete for unlawful purposes; interfere with the operation of the Site; attempt to gain unauthorized access to systems or accounts; introduce malicious software; use false or stolen information; carry out fraudulent transactions; manipulate promotions; infringe intellectual property rights; engage in unauthorized scraping or automated extraction; or use the Platform to harm Mercadete, Tree Commerce, other users or third parties.
1.18 Intellectual property
Mercadete.com, its design, software, text, graphic elements, logos and other content developed by Tree Commerce are protected by applicable intellectual property laws. Trademarks, photographs and content belonging to third parties remain the property of their respective owners.
No content may be copied, reproduced, distributed or commercially exploited without authorization where such authorization is required.
1.19 Third-party services
Mercadete may use third-party providers for payment processing, technology hosting, security, fraud prevention, storage, transportation, delivery and other operational services. Some third-party services may be subject to their own terms and policies.
1.20 Availability and security of the Site
Mercadete does not guarantee that the Platform will operate uninterrupted or error-free at all times. Interruptions may occur due to maintenance, updates, technology or cybersecurity incidents, provider failures or circumstances beyond our reasonable control.
1.21 Force majeure
Mercadete will not be liable for delays or failures to perform caused by events beyond its reasonable control, including natural disasters, severe weather conditions, riots, conflicts, government restrictions, transportation disruptions, widespread infrastructure failures, epidemics, interruptions of technology services or other comparable events.
1.22 Limitation of liability
To the fullest extent permitted by applicable law, Tree Commerce will not be liable for indirect, incidental, special, exemplary or consequential losses arising from the use of the Platform or from circumstances beyond its reasonable control.
Nothing in these Terms excludes or limits rights or liabilities that cannot lawfully be excluded or limited.
1.23 Indemnification
To the extent permitted by applicable law, the user agrees to be responsible for claims, losses or reasonable costs resulting directly from their unlawful use of the Platform, fraud, false information, breach of these Terms or infringement of third-party rights.
1.24 Electronic communications
By using Mercadete, the user agrees to receive electronically communications relating to their account, orders, payments, security and changes to the policies, through the Site, email, SMS or other means provided by the user, where permitted by applicable law.
Commercial or promotional communications will be managed in accordance with the user’s preferences and applicable law.
1.25 Privacy
The processing of personal information is governed by the Privacy Policy of Mercadete.com, which forms part of the contractual framework applicable to the use of the Platform.
1.26 Changes
Tree Commerce may modify these Terms where necessary due to operational, technological, commercial or regulatory changes. The current version will be published on Mercadete.com with the date of the update.
1.27 Contact
For questions relating to these Terms:
Mercadete.com | Operated by Tree Commerce
Email: support@mercadete.com
Legal address: 8 The Green Suite R Dover DE 19901
Telephone: +1 (786) 391-7797
1.28 Governing Law and Jurisdiction
These Terms and Conditions, as well as any dispute relating to access to, use of or purchases through Mercadete.com, will be governed by and construed in accordance with the laws of the State of Florida, United States, without giving effect to its conflict of laws rules. Any controversy that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida.