STANDARD TERMS AND CONDITIONS OF SALE
DISFRUTA LATAM, S.A. DE C.V. (“DISFRUTA™”)
Last updated: October 2025
1. Scope and Acceptance
These Standard Terms and Conditions of Sale (hereinafter, the “Terms”) govern all sales, deliveries, and other commercial transactions carried out by DISFRUTA LATAM, S.A. DE C.V. (“DISFRUTA™”), unless otherwise agreed in writing.
By placing an order or receiving the products, the Client acknowledges having read, understood, and fully accepted these Terms, expressly waiving the application of its own general terms and conditions, even if issued subsequently.
Any amendment or exception to these Terms shall only be valid if previously agreed to in writing by DISFRUTA™.
2. Prices and Invoicing
All prices are expressed in Mexican pesos (MXN) unless otherwise stated and are subject to applicable taxes in accordance with Mexican law.
Invoices shall be paid immediately upon issuance, unless a different payment term is expressly indicated on the invoice or purchase order.
3. Payment Default and Late Charges
In the event of non-payment on the due date, DISFRUTA™ reserves the right to:
a) Apply a fixed interest charge of ten percent (10%) on the outstanding balance..
b) Suspend deliveries or services without prior notice until full payment has been made.
4. Tax Withholdings and Deductions
Where the Client’s local legislation requires withholding or deduction of taxes at source, such amounts shall be remitted directly by the Client to the corresponding tax authorities.
Under no circumstances shall DISFRUTA™ assume responsibility for any taxes, duties, or charges arising from the Client’s jurisdiction.
The full amount of the invoice shall be paid in its entirety to DISFRUTA™, without any deduction or offset..
5. Delivery and Transfer of Risk
Delivery terms and transfer of risk shall be governed by the INCOTERMS® in effect as agreed in writing between the parties, or, in the absence of such agreement, by the Ex Works (EXW) term at DISFRUTA™’s warehouse located in León, Guanajuato, Mexico.
Delivery delays caused by circumstances beyond DISFRUTA™’s control (including, but not limited to, force majeure, transportation restrictions, or supply interruptions) shall not constitute a breach of contract.
6. Product Returns and Replacements
All requests for product return, replacement, or refund shall be governed by DISFRUTA™’s Return, Replacement and Refund Policy, whose latest version is available at www.disfruta.com.mx, and forms an integral part of these Terms.
, y forma parte integral de los presentes Términos.
Returns shall only be accepted in accordance with the sanitary and food safety regulations applicable in Mexico (LFPC, COFEPRIS, SADER).
7. Obligations and Limitation of Liability
DISFRUTA™ undertakes to supply its products with due care, quality, and traceability; however, such commitment shall not constitute an obligation of result.
Under no circumstances shall DISFRUTA™ be held liable for indirect, incidental, or consequential damages, loss of profits, or business interruption arising from the use or resale of its products.
The Client shall not require DISFRUTA™ to appear as a third party in any claim, action, or proceeding initiated by end consumers.
8. Claims and Notifications
All claims must be submitted in writing, by registered mail or confirmed electronic communication, addressed to DISFRUTA™’s registered office, within 24 hours following the delivery of the products or completion of the service.
Claims submitted after this period shall be considered inadmissible.
9. Returnable Assets and Packaging
All plastic containers, bins, pallets, totems, or other returnable materials are the exclusive property of DISFRUTA LATAM, S.A. DE C.V. and shall be used solely for the transportation and storage of DISFRUTA™ products.
Failure to return, or damage to, such materials shall result in an automatic charge to the Client for their commercial value, as reflected in the corresponding invoice or delivery note.
10. Jurisdiction and Governing Law
These Terms and all contractual relationships arising therefrom shall be governed and construed in accordance with the laws of the United Mexican States.
For the interpretation and performance hereof, the parties expressly submit to the competent judicial authorities of the City of León, State of Guanajuato, Mexico, expressly waiving any other jurisdiction that may otherwise apply.
11. Información de Contacto
DISFRUTA LATAM, S.A. DE C.V.
Central de Abasto León Sur, Ciudad Industrial, C.P. 37490, León, Guanajuato, México
📧hola@disfruta.com.mx
🌐 www.disfruta.com.mx, and forms an integral part of these Terms.
12. Legal Acceptance
The Client acknowledges having read and fully accepted these Standard Terms and Conditions of Sale, which prevail over any other document, communication, or prior or subsequent agreement not expressly authorized in writing by DISFRUTA™.