Terms and Conditions of Use
Welcome to XOLCALI
These Terms and Conditions ("T&C") govern access to and use of the website www.xolcali.com.mx (hereinafter, the "Website"), operated by XOLCALI, S. de RL de CV (hereinafter, "XOLCALI"), with registered office at 8 SUR 7-A, BARRIO QUECHOLAC, SAN SALVADOR EL SECO, PUEBLA, MEXICO. CP 75160.
By accessing, browsing, or using any part of the Website, you (hereinafter, the "User") accept and agree to be bound by these Terms and Conditions and our Privacy Notice, which is incorporated herein by reference. If you do not agree to these Terms and Conditions in their entirety, please refrain from using the Website.
1. PURPOSE OF THE WEBSITE
The main purpose of the Website is:
- a) Provide information about XOLCALI, its products (crafts), services, activities and related news.
- b) Function as an online store ("Online Store") where Users can view, select and purchase the products offered by XOLCALI.
2. NATURE AND AUTHENTICITY OF OUR PRODUCTS
The User acknowledges and accepts that the products offered by XOLCALI are handicrafts made of volcanic stone. As part of our commitment to transparency and in compliance with Article 32 of the Federal Consumer Protection Law [Mexico], we hereby declare that the claims regarding the origin and quality of our products are duly substantiated:
- a) Genuine Volcanic Rock: The raw material used is authentic volcanic rock, extracted from deposits located in the municipality of San Salvador El Seco, Puebla. The existence and predominance of these materials, such as basalt, are documented by the Mexican Geological Service (SGM) and the National Institute of Statistics and Geography (INEGI).
- b) Ancestral Techniques and Manual Process: Our products are crafted using artisanal techniques that are part of a historical and cultural legacy with pre-Hispanic roots in the region, passed down through generations of master artisans. This manual process ensures that each piece is unique and presents slight variations in tone and texture, which are a seal of authenticity.
For complete transparency and to enable consumers to verify the veracity of these claims, all supporting information, including the full technical and ethnohistorical reports, is available for public review in our Verifiable Authenticity section.
3. ACCESS AND LEGAL CAPACITY
General access to the Website is free. However, to make purchases in the Online Store, the User declares that he or she is of legal age (18 years or older) and has full legal capacity to enter into contracts and be bound by the terms set forth herein. XOLCALI is not responsible for the use of the Website by minors or persons without legal capacity.
4. USER ACCOUNTS
The User may create a personal account to facilitate future purchases and manage their history, providing true, current, and complete information. Alternatively, they may proceed with a purchase as a guest ("Guest Purchase"), providing the necessary information for order processing each time. Certain features, such as detailed order history, may require a registered account. The User is solely responsible for maintaining the confidentiality of their password (if applicable) and for all activities that occur under their account or during the purchase process. They must immediately notify XOLCALI of any unauthorized use or breach of security through our email address hola@xolcali.com.mx.
5. USE OF THE WEBSITE AND INFORMATIONAL CONTENT
The User agrees to use the Website and its informational content lawfully, in accordance with these Terms and Conditions, morality, good customs, and public order. The following are strictly prohibited:
- a) Use the Website for illegal or fraudulent purposes or purposes that may harm XOLCALI or third parties.
- b) Interfere or attempt to interfere with the proper functioning of the Website (e.g. through viruses, robots, scraping, etc.).
- c) Reproduce, copy, distribute, transform or modify the contents of the Website without the prior express authorization of XOLCALI, except in cases permitted by law.
- d) Suppress, evade or manipulate the copyright and other identifying data of the rights of XOLCALI or its owners incorporated into the contents.
XOLCALI ensures that the information contained in the Website is accurate and up to date, but does not guarantee its total accuracy or completeness at all times, especially considering the artisanal nature of its products where there may be minor variations.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
All content on the Website, including, but not limited to, text, graphics, logos, icons, images, audio and video clips, software, source code, and graphic design, is the exclusive property of XOLCALI or its licensors and is protected by Mexican and international intellectual and industrial property laws.
Any form of reproduction, distribution, public communication, transformation,1 making available and, in general, any other act2 of exploitation for commercial or non-commercial purposes, of all or part of the contents of the Website, is prohibited without the prior written authorization of XOLCALI. The trademarks, trade names or distinctive signs are owned by XOLCALI or third parties, and access to the Website cannot be understood to confer any right over them.
7. CONDITIONS OF SALE (ONLINE STORE)
The following conditions apply specifically to the purchase of products through the Online Store:
a) Products and Availability:
- Product descriptions and images are provided as accurately as possible. However, as these are handcrafted items, slight variations in color, texture, size, or finish may occur. These variations are inherent to their unique nature and are not considered defects. Images are for reference only and represent an actual product from our workshop.
- All orders are subject to product availability. In the exceptional case that a paid product cannot be fulfilled due to force majeure, the User will be contacted immediately to offer a full and immediate refund or, if the User accepts, an alternative product of equal value.
- XOLCALI reserves the right to modify the product offering, prices and promotions at any time, as well as to limit the quantities per order or per User.
b) Purchase Process:
- The User will select the desired products by adding them to the "shopping cart".
- To complete your purchase, you must follow the checkout process, providing the required information (shipping, billing, and payment method). It is the User's responsibility to verify that all information is correct and complete.
- By confirming the order, the User makes a binding purchase offer subject to these Terms and Conditions and the Return Policy.
- XOLCALI will send an email confirming receipt of the order. This confirmation does not imply acceptance of the order, but only that it has been received for processing.
- Order acceptance and contract formalization will occur when XOLCALI sends confirmation of product shipment.
- XOLCALI reserves the right to refuse or cancel any order, even after receipt has been confirmed, for reasons such as: lack of stock, obvious errors in product or price information, inability to verify payment or shipping information, suspected fraud, inability to ship to the indicated area, or non-compliance with these Terms and Conditions by the User. In the event of cancellation by XOLCALI after payment has been made, a full refund will be issued by the same means used by the User.
c) Prices and Payments:
- Prices are indicated in Mexican Pesos (MXN) and include Value Added Tax (VAT), unless expressly indicated otherwise.
- Shipping costs are not included in the initial product price and will be calculated and detailed during the purchase process before final confirmation, based on the weight, package dimensions, and destination zip code.
- Accepted payment methods are: Bank Deposit, Electronic Funds Transfer, and Mercado Pago. Specific instructions for Deposit and Electronic Founds Transfer will be provided during the purchase process or via email after confirming the order. Payments made through Mercado Pago are governed by the terms and conditions of that platform.
- The order will not be processed until receipt of the corresponding payment is confirmed. The User is responsible for the accuracy and legality of the funds and payment information provided.
d) Shipments and Deliveries:
- Shipments are made within North America and the European Union via FedEx and DHL.
- Shipping costs are automatically calculated during the checkout process based on the package's weight and dimensions, as well as the destination zip code. The minimum base rate is $59.00 USD (fifty-nine 00/100 USD), which covers up to 1 kg of volumetric or physical weight (whichever is greater). The final cost will be visible before confirming payment.
- Delivery times are estimated and depend on the selected shipping carrier and the destination zip code. These times are counted from the date of shipping confirmation (generally 1-2 business days after payment confirmation). Estimated delivery times are: Express Service (if available): approximately 3 to 5 business days. Economy/Standard Service: approximately 5 to 15 business days. The shipping origin is San Salvador El Seco, Puebla, Mexico.
- Once the order has been shipped, the User will be provided with a tracking number so they can track it directly with the courier.
- The risk of loss or damage to the products is transferred to the User at the time the courier delivers the package to the indicated address. It is the User's responsibility to inspect the package upon delivery and report any visible anomalies (open or damaged package) directly to the courier and to XOLCALI within 24 hours.
- Delivery times are estimated and depend on the courier company's operations. XOLCALI is committed to shipping within the stipulated timeframe, and in the event of significant delays by the courier, we will support the customer by providing prompt follow-up and handling any necessary complaints to find a solution.
e) Returns, Refunds and Cancellations:
- The purchase of products in the Online Store is governed by our Returns, Refunds and Cancellation Policy, which is detailed in a separate document accessible at the following link: Política de Devoluciones y Reembolsos and forms an integral and inseparable part of these Terms and Conditions. The User declares that he or she is aware of and accepts this policy when making a purchase.
f) Guarantees:
- The products offered, being handcrafted, have a limited warranty of 90 (ninety) calendar days counted from the date of receipt of the product, which exclusively covers verifiable manufacturing defects that affect the essential functionality of the product, in accordance with the terms and exclusions established in our Política de Devoluciones y Reembolsos.
- This guarantee originates from the care and technique of the artisan and is transmitted by XOLCALI to the end user.
- Minor variations in color, texture, size, weight, finish, or small imperfections that are inherent and expected characteristics of a unique handcrafted product and do not compromise its primary use are not considered manufacturing defects.
- The warranty does not cover damage caused by misuse of the craftsmanship, use other than its nature, accidents, falls, lack of maintenance, normal wear and tear, or exposure to inappropriate conditions such as extreme humidity, corrosive chemical agents, or sudden changes in temperature not typical of regular domestic use, repairs or alterations made by persons not authorized by XOLCALI.
- To make the warranty valid (when applicable according to the Política de Devoluciones y Reembolsos), the User must follow the procedure and meet the requirements indicated in the aforementioned policy within a period of 90 calendar days.
8. PRIVACY AND DATA PROTECTION
The processing of personal data collected through the Website is governed by our Privacy Notice, which is available at Aviso de Privacidad Integral and complies with the Federal Law on the Protection of Personal Data Held by Private Parties (Mexican Law).
9. LINKS TO THIRD PARTIES
The Website may contain links to third-party websites (including payment gateways such as Mercado Pago). XOLCALI does not control and is not responsible for the content, privacy policies, or practices of such third-party websites. The inclusion of any link does not imply approval or endorsement by XOLCALI. Users access such sites at their own risk.
10. EXCLUSION OF WARRANTIES AND LIABILITY
- The Website is provided "as is" and "as available." XOLCALI does not warrant that the Website will be uninterrupted, secure, error-free, or virus-free, or that the information contained therein (other than product descriptions for sale) will always be accurate or complete.
- XOLCALI shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the Website or the information contained therein, except for those resulting directly from gross negligence or willful misconduct on the part of XOLCALI. This is without prejudice to the inalienable rights of consumers under the Federal Consumer Protection Law (Mexican Law) and other applicable legislation.
- In relation to the Online Store, XOLCALI's maximum liability for any purchased product shall be strictly limited to the purchase price paid for said product, unless applicable law provides for a greater liability.
11. INDEMNIFICATION
The User agrees to indemnify and hold harmless XOLCALI, its officers, employees, agents, and associated artisans from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising from or related to: (a) your access to or improper use of the Website; (b) your violation of these Terms and Conditions or the Return Policy; (c) your violation of any applicable law or third-party rights, including intellectual property rights; or (d) any dispute between you and another user or third party related to the Website. The foregoing is without prejudice to the non-waivable rights of consumers under the Federal Consumer Protection Law (Mexican Law) and other applicable legislation.
12. MODIFICATIONS TO THE TERMS AND CONDITIONS
XOLCALI reserves the right to modify these Terms and Conditions and the Return Policy at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Website. The date of the last update will be indicated at the end of the documents. Continued use of the Website or making new purchases after the changes are posted will constitute acceptance of those changes by the User. It is the User's responsibility to periodically review these documents.
13. APPLICABLE LEGISLATION AND JURISDICTION
These Terms and Conditions, as well as any purchases made through the Website, shall be governed by and construed in accordance with the federal laws in force in the United Mexican States, including the Federal Consumer Protection Law. For the interpretation, compliance, and enforcement of these Terms and Conditions and the resolution of any dispute arising in connection with the Website or any purchases made, the parties (XOLCALI and the User) expressly submit to the jurisdiction and competence of the competent courts of the Judicial District of Chalchicomula de Sesma (Ciudad Serdán), State of Puebla, expressly waiving any other jurisdiction that may apply to them by reason of their present or future addresses or for any other reason.
14. ENTIRE AGREEMENT AND SEVERABILITY
These Terms and Conditions, together with the Privacy Notice and the Return, Refund, and Cancellation Policy (incorporated by reference), constitute the entire and sole agreement between the User and XOLCALI with respect to the subject matter hereof, superseding any prior agreements or communications, whether oral or written. If any provision of these documents is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed severed, and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
15. CONTACT
If you have any questions or comments about these Terms and Conditions, you can contact us via:
- Email: hola@xolcali.com.mx
- Telephone: +52 249 451 0967
- Address: 8 SUR 7-A, BARRIO QUECHOLAC, SAN SALVADOR EL SECO, PUEBLA, MÉXICO. C.P. 75160.
Thank you for visiting and trusting XOLCALI!
Last updated: September 1, 2025