Terms and Conditions

Last modified date: May 9, 2024

1. General Terms and Declarations

Upcycle is a platform that offers intermediation and promotion services for the purchase and sale of furniture, appliances, electronics and pre-owned items (the “ Services ” and the “ Products ”) either on its website www.upcyclemex.com or on any extension thereof, such as mobile applications or social networks (collectively, the “ Website ”).

These binding and mandatory terms and conditions explain the Services (the “ Terms and Conditions ”) and regulate the relationship between Upcycle and any natural or legal person who wishes to use or access the Services in their capacity as a seller (the “ Seller User”) . ”) or buyer (the “ Buyer User ” and collectively, the “ Users ”).

It is understood that before using the Services, any User has read, fully accepted and, therefore, is subject to and bound by these Terms and Conditions. If for any reason you do not wish to be bound by these Terms and Conditions, the User must leave the Website immediately and refrain from using the Services offered therein.

By accepting these Terms and Conditions, Users declare that they are over 18 (eighteen) years of age and have sufficient legal capacity to be bound in accordance with them. You represent and agree that you will not use the Website for any illegal or unauthorized purpose nor may you, in your use of the Services, violate the laws of your jurisdiction.

Users declare and agree that they will not transmit any computer virus or any code of a destructive nature when using the Website.

2. Products in the Upcycle Catalog

The Seller User declares that he is the legitimate owner or has express authorization from a third party to sell the Product(s) that will be published for sale on the Website. Furthermore, you declare that your Products were not acquired illicitly.

Upcycle reserves the right not to publish a Product or eliminate one existing in the catalog, as well as to suspend the account of any User for any reason it deems appropriate.

The Seller User will provide information, documents, images and videos regarding the Seller User's Products, their condition and characteristics (the “ Product Information ”) and authorizes Upcycle to publish them on the Website for the purpose of promoting the sale. of the Product to the public.

The Seller User declares that both the Product Information, his personal data and details regarding the location of the Product for collection are complete, specific, true and correct. 

Upcycle may contact the Seller User in order to clarify doubts or details about the Product Information that must be addressed to the Seller User's satisfaction prior to the publication of the Product on the Website.

As long as a Product is published on the Website, it is understood to be available for collection and delivery if it is sold by Upcycle. If the Seller User does not have the Product available for sale, they must immediately inform Upcycle to remove it from the Website catalog.

Buyer Users accept that they carry out their purchase without having access to see the Product physically and that they agree with their purchase in accordance with the Product Information published on the Website.

3. Sales Price and Payment of Commissions

The Seller User will establish the sale price of their Product in Mexican pesos (MXN) respecting the minimums established by Upcycle.

Once the Buyer User successfully makes the purchase of the Product, Upcycle will receive the total retail price which will include the standard shipping cost. The Seller User accepts and acknowledges that Upcycle will retain a commission on said price of approximately 20% to 30% (before considering the cost of shipping) and will deposit the remainder less the bank commissions corresponding to the account provided by the User for such purposes. Seller within 5 (five) business days following the date of delivery of the Product to the Buyer User.

The Seller User is responsible for providing true and correct bank details for an account in Mexican pesos in order to receive payment of the Price that corresponds to them. If it is an international account, the Seller User will absorb the bank fees that, if applicable, will be applicable to the international transfer.

The Buyer User declares that he pays the price of the Product in Mexican pesos (MXN) and with resources of legal origin in any of the payment methods available on the Website.

Over time, the price for sale of the Product may be altered by prior agreement between Upcycle and the Seller User.

4. Billing

If the User requires an invoice, they must request it by email hola@upcyclemex.com within 15 (fifteen) calendar days following the date on which the Product was delivered.

For these purposes, you must send the following information about the person who will be billed:

1. Name or company name;
2. Tax residence
3. RFC;
4. Tax regime;
5. Invoice use; and
6. Email for receipt of the invoice.

5. Collection and Delivery of Products

The collection and delivery of the Products may be carried out by a third party authorized to do so, who will have the corresponding addresses and will be bound in terms of the Upcycle Privacy Notice. Users agree that their data is shared with said third parties.

Once the purchase is made on the Website, Upcycle will agree on the collection and delivery date (“ RyE Date ”) with the Users. Once the RyE Date has been agreed, it can only be modified once by each User by notifying Upcycle at least 2 (two) business days in advance of the RyE Date that has already been agreed.

Pickup and delivery include standard service which involves the following:

1. It is not necessary to disassemble the Product to fit through doors, hallways, stairs and/or elevator for pickup or delivery;
2. It is not necessary to climb more than 4 floors of stairs if you do not have an elevator; and
3. The Product does not need to be flown for pickup or delivery.

If any of the above is necessary, the User who requires it must notify Upcycle in writing at the time of providing their personal data and an additional charge will be made to the User who requires it, which will be determined at the time of collection. or delivery, which through these Terms and Conditions, said User accepts.

Users warrant that there will be a person to meet Upcycle on the R&E Date to deliver or receive the Product.

The person who receives the Product must sign the Product receipt form that will be provided at the time of delivery to complete the delivery successfully.

Users will be available at the telephone number and contact details provided to Upcycle during the R&E Date to receive relevant notifications and/or make decisions that are required at the time.

The Seller User must deliver the Product with the following characteristics to Upcycle or the third party authorized for such purposes at the time of collection, otherwise the Product cannot be collected and the Seller User will be penalized with MXN$500.00 (five hundred Mexican pesos 00/100) for cancellation of the Service and the sale price will be refunded to the Buyer User:

• Perfectly clean and free of any contaminants or pests; 
• Without any defects or details other than those provided in the Product Information and entirely in accordance with said description ;
• Assembled and unpacked .
• Only in the case of televisions : disconnected and with all accessories visible in a box or bag.
• Only in case of white line : connected to the electrical current to check that they turn on and off normally and have no apparent defects beyond those mentioned in the Product Information.

In the event that the delivery of the Product that has already been collected cannot be carried out for reasons attributable to the Buyer User, the Product may be delivered at a later date agreed with Upcycle, as long as the Buyer User pays the cost of MXN$600.00 (six hundred Mexican pesos 00/100) for each postponed delivery. This can happen two times. In the event that this happens for the third time, the Buyer User will have 15 (fifteen) calendar days to collect the Product at their own expense at the place indicated by Upcycle. If you do not collect it within this period, ownership of the Product will be transferred to Upcycle and there will be no refund.

6. Condition of the Products and Veracity of the Information

In the event that at any time Upcycle and/or any third party authorized to do so, identify that the Product Information is not true or correct or that the Product does not physically match it, Upcycle has the right to (i) not publish the Product in the Website catalog; (ii) remove the Product from the catalog or (iii) cancel delivery of the Product.

The Seller User must verify for the last time that the Product Information published on the Website is complete, specific, true and correct at the time they are contacted to agree on the R&E Date. If there is new relevant information about the Product that must be shared with the Buyer User for consideration, it must be immediately provided to Upcycle for these purposes. Depending on this new information, the Buyer User will determine if he or she still wishes to purchase the Product. In the event that the Buyer User decides not to continue with the purchase, Upcycle will refund their money and there will be no conventional penalty for the Seller User.

On the R&E Date, Upcycle will conduct a final inspection and review that the Product matches the Product Information. If so, it will be delivered.

In the event that Upcycle considers that the Product does not match the Product Information and the same was not specific, truthful, correct or is incomplete because, among other things, defects in the Product have been hidden or minimized, it will notify the Buyer User of immediate.

In this case, the Buyer User will have the following options:

(a) Accept delivery, in which case there will be no returns or refunds and the Service will continue as planned; either

(b) Receive the Product with a discount of MXN$1,000.00 (one thousand Mexican pesos 00/100) or a greater amount if this can be agreed upon at the time with the Seller User. Said discount will be refunded to the Buyer User within 5 (five) business days following the RyE Date and will be deducted from the Seller User's commission; either

(c) Not receiving the Product and canceling its delivery. In this case, a conventional penalty will be charged to the Seller User of MXN$500.00 (five hundred Mexican pesos 00/100) to cover the cost of transportation incurred up to that point, which must be paid at that time to Upcycle either in cash or by transfer. banking.

If the Buyer User does not respond within 15 (fifteen) minutes following the first contact attempt, the receipt of the Product will be deemed accepted even under those conditions and the Service will continue as planned and there will be no returns or refunds.

7. Refunds, Returns and Guarantees

There will be a full refund to the Buyer User only in the following cases:

(a) If after having purchased the Product on the Website and before the RyE Date , you are contacted by Upcycle to provide additional relevant information about the Product, and this causes the Purchasing User to reliably notify Upcycle of the failure to do so. want to continue with the purchase; either

(b) If after having purchased the Product on the Website and on the RyE Date , you are contacted by Upcycle to provide additional relevant information about the Product that you have received from the Seller User and the Buyer User decides to cancel the delivery; either

(c) Only in the case of electronics and white goods , if after 5 (five) calendar days have elapsed from the RyE Date, the Buyer User detects any material failure in the Product not related to its installation, it will be will give you a full refund of the price paid, which will be covered by the Seller User, who will also pay the cost of collecting and delivering the Product back to your home.

In the case of the previous paragraph, it is necessary for the Buyer User to communicate his unequivocal refusal to continue with the delivery no later than within 15 (fifteen) minutes following the first attempt at communication by Upcycle. If you do not communicate your unequivocal refusal within said period, it will be understood that you wish to continue with the delivery of the Product and, in such case, there will be no return or refund .

Refunds will be made within 5 (five) business days following cancellation of the delivery or purchase by the Buyer User.

Due to the nature of the Products, once the purchase has been made and delivery of the same has been accepted in accordance with the above, except as provided in section (c) above, there will be no returns for any reason.

Likewise, due to the pre-owned nature of the Products, Upcycle does not offer any type of warranty with respect to Products purchased through the Website.

8. Donations

In the event that the Seller User decides to donate their Product, Upcycle will assist the parties to agree on a collection date but will not be responsible for the logistics of the suggested recipients to collect the Product.

9. Storage

In the event that the Seller User decides to send their Product to storage, Upcycle will provide contact with the third parties recommended for this purpose but will not be responsible for the logistics for sending the Products to said storage unless this is requested by the User. Seller and agreed with Upcycle.

10. Information Privacy

At the time of accessing the Website, Users accept the content and processing of their personal data established by the Privacy Notice, the updated version of which is available for review and consultation on the Website ( www.upcyclemex.com ) and It can be sent by electronic means to whoever requests it.

All information shared between Upcycle and the Users and between Upcycle and authorized third parties will be confidential and will be kept as such solely for the purpose of providing the Services.

11. Modifications

In the event that there are modifications to these Terms and Conditions, they will be published on the Website.

12. Language

If there is a translation of these Terms and Conditions into any language, the Spanish version will prevail.

13. Applicable Law and Jurisdiction

These Terms and Conditions and any dispute or controversy arising in connection with them will be governed and construed in accordance with the laws of Mexico, excluding any conflict of laws that could cause the application of the laws of another country.

Any dispute, controversy or claim arising from or in relation to these Terms and Conditions, including their existence, validity, interpretation, execution, breach or termination, will be submitted to the exclusive jurisdiction of the competent courts of Mexico City.

Upcycle and the Users expressly renounce any other jurisdiction that may apply to them due to their present or future domicile, or for any other reason.