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Terms of Service

MásGusto Terms of Service

IMPORTANT: BY ACCESSING THE SERVICES IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS PLATFORM, DOWNLOADING OUR MOBILE APP, AND/OR SUBMITTING INFORMATION TO WEEE! INC., YOU AGREE TO AND ARE BOUND BY THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF DELAWARE LAW.

ARBITRATION NOTICE : THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND YOU AND WEEE! INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THIS MEANS THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES, YOU AND WEEE! INC. ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

 

Effective Date: March 24, 2025

Introduction

Weee! Inc. (“MásGusto,” “us,” “we,” “our”) operates a network of websites and a mobile application serving multiple cities in the United States. By visiting our website, using our mobile app, and accessing the information, resources, services, products, and tools we provide (the “Services”), you understand and agree to accept and adhere to these Terms of Service (these "Terms"), and acknowledge and agree to the practices described in our Privacy Policy, and agree to abide by any other policies and terms, posted to the Services (“Additional Terms”), which are incorporated herein by reference. In the event of a conflict between these Terms and Additional Terms, the Additional Terms shall govern.

Section 1.                  Modification of Terms

We reserve the right to change the Terms from time to time without notice to you. Any changes to these Terms will be posted on the Services, and we will notify you as required by applicable law. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or any service, content, feature, or product offered through the Services.

Section 2.                  Account Creation and Eligibility

A. Account Creation. To make purchases, you must create an account with us (a “User Account”). You must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable account creation form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility.

B. Account Security and Control. During the registration process, you may be asked to enter your name and valid e-mail address and choose a sufficiently strong password. It is your responsibility to select a secure password, and to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Services or any service. MásGusto is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If you suspect your login credentials have been compromised, please notify us immediately. MásGusto is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

C. Account Eligibility. You are prohibited from creating an account to use the Services unless you are at least 18 years old.

D. Account Suspension. MásGusto reserves the right at its option and in its sole discretion and with or without notice to: (a) suspend, restrict, or terminate your access to any or all of the Services, and/or (b) deactivate or cancel your User Account, if: (i) we are so required by a facially valid subpoena, court order or binding order of any government authority; (ii) we reasonably suspect you of using the Services in connection with any Prohibited Uses (as defined below); (iii) your use of the Services is subject to any pending litigation, investigation, or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that MásGusto deems in its sole discretion as fraudulent, or otherwise circumventing MásGusto controls or tampering with the Services; (vi) we stop offering all or part of the Services or services offered through the Services; or (vii) you breach these Terms.

Section 3.                  Orders and Payments

A.      Orders

i.            Placing an Order. Orders must be confirmed before the cutoff time. Available delivery dates and delivery fees will be shown during the ordering process. You may modify or cancel orders via the "Order Detail" section before the cutoff time, or by contacting our customer service.

ii.            Modify Order. If your order is still in the "preparing" status, you can log in to your account through the App or website and go to "My Orders" to remove or reduce the product. After the cut-off time, the order will not be able to be modified. Please contact customer service to confirm whether the order can be canceled.

iii.          Modify Deliver Address.  Before shipping: If your order is still in the "preparing" status, you can cancel it and reorder with the new address. If it's already in the "ready to ship" status, contact our customer service to attempt a modification. After shipping, you cannot modify the delivery address.

iv.          Order Cancellations. Before the cutoff time, you may cancel orders via the "My Account" section. We will charge a fee for cancellations made after the cutoff time. The cancellation fee equals the total amount of food and any other items that cannot be resold due to the late cancellation.

B.      Payments. Payments for products or services on MásGusto may be made through GustoPoints or an authorized payment method disclosed at the time of placing your order. MásGusto reserves the right to either cancel or amend any order in the event of an expired, fraudulent, or otherwise suspicious payment method.

C.      Price. The prices displayed through our website may differ from the prices offered by other sellers for the same products, and may not be the lowest prices available. MásGusto reserves the right to change prices at any time prior to your purchase, and to limit either your order or the quantity of a product you may order. If certain products are not priced correctly, MásGusto may cancel orders for the products, in which case we will contact you immediately and will issue you a refund for the cancelled products.

D.      Availability. We receive goods every day, and products are prepared and packed close to delivery time. On occasion, we may experience disruptions in our supply chain including shortages and quality control concerns. As a result, certain products may become unavailable immediately before the scheduled delivery date. In the event of any supply chain disruption that affects your order, we will deliver the rest of your order and issue you a refund for the unavailable items. In such circumstances, you'll receive a system notification, and see the unavailable item marked as "Out of Stock" on the invoice. If something is missing from your order, and is not marked as "Out of Stock", please submit a refund request via the "Shipped Orders-Return" section on the mobile application or the website, or contact our customer service.

E.       Your Orders. You will receive a text message and/or email with a link to your invoice when your order is delivered. You may access your orders through your account in the "My Account" section. If you order through the Marketplace, you will receive an email with a tracking link that shows the status of the delivery.

Section 4.                  Acceptable Use

You agree to use these Services only for the purposes intended as permitted by (a) the Terms, and (b) all applicable laws, regulations, and generally accepted online practices or guidelines. In addition, you will not engage in the following “Prohibited Uses”:

A.      Make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful, invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

B.      Use or access the Services for any purpose that is fraudulent or otherwise tortious or unlawful.

C.      Abuse the Services including through excessive returns and/or refunds, monetizing or selling coupons/GustoPoints, etc.

D.      Harvest or collect information about users of the Services.

E.       Interfere with or disrupt the operation of the Services or the systems, servers, or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.

F.       Restrict or inhibit any other person from using the Services.

G.      Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Services except as expressly authorized in these Terms, without MásGusto’s express prior written consent.

H.      Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.

I.         Remove any copyright, trademark, or other proprietary rights notice from the Services.

J.        Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product, unless you obtain MásGusto’s express prior written consent to do so.

K.       Cause injury to any person or entity.

L.       Violate any law, rule, or regulation or these Terms or any Additional Terms.

M.    Use the Services or MásGusto’s name, logo, or brand to (1) send any unsolicited or unauthorized content, including advertising, promotional materials, e-mail, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a MásGusto trademark, logo, URL, or product name without MásGusto’s written consent.

N.      Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, or attempt, permit, encourage, assist, or allow any other violation of these Terms.

Section 5.                  User-Generated Content. 

A.      User Content. Our Services may allow you and other users to create, post, store or share content, including text, product reviews, photos, videos, audio and other materials (collectively, “User Content”). Except for the license you grant below, as between you and MásGusto, you retain all rights in and to your User Content. You grant MásGusto a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.

B.      Permissible Content. You agree that you will not upload, post, share, or otherwise distribute any User Content that:

i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, misogynistic, or contains any type of inflammatory, suggestive, inappropriate, or explicit language;

ii. infringes on any trademark, logo, tradename, patent, trade secret, copyright, or other proprietary right of any party;

iii. contains any type of unauthorized or unsolicited advertising;

iv. impersonates any person or entity, including any MásGusto employees, agents or representatives.

C.         Your Feedback. MásGusto Is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Services, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

Section 6.                  DMCA Notice and Procedure for Copyright Infringement Claims

A.      DMCA Claims. MásGusto is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. MásGusto will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

B.      Report Infringement. If you are an intellectual property rights holder and believe your copyright has been infringed, please read the following: Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a MásGusto’s Digital Millenium Copyright Act Designated Agent. Notification must be submitted to the following Designated Agent for the Services in the manner described below:

By Mail: Attn: DMCA

47467 Fremont Blvd

Fremont, CA 94538

By Email: legal@sayweee.com

Phone: (888) 889-7098

C.      Claim Content. For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:

 i. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

ii. Identification of the copyrighted work claimed to have been infringed;

iii. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit MásGusto to locate the material;

iv. Information reasonably sufficient to permit MásGusto to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

D.         Damages. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.

Section 7.                  Our Rights

A.      Monitoring. MásGusto will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze any use of and access to the Services, including to determine compliance with these Terms and any other operating rules that may be established by MásGusto from time to time.

B.      Discontinue the Services. MásGusto may, in its sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that MásGusto will have no liability to you if the Services is discontinued or your ability to access the Services or any content you may have submitted through the Services is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.

Section 8.                  General Products (non Mail-Order)

A.      Delivery. We do not require your presence for delivery of non-alcoholic products. We will deliver to the address you designate and will leave the package at your door, yard, locker, mailroom, or leasing office. Our delivery personnel follow a designated route and cannot stop to inspect, verify, redirect, delay, or adjust your delivery. In the event we are unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no safe drop-off place to protect the package from theft or bad weather) we will attempt to contact you. If we agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we can't reach you after multiple attempts, or if we are unable to re-deliver the order for any reason, the order will be canceled resulting in a cancellation fee charged to you. In the event you input the wrong address and we successfully deliver to that address, you are responsible for that shipment without refund. Please be careful and input the correct address into each order.

i. Delivery Time. We make every effort to deliver on the day you select. If for any reason, we are unable to deliver on the day you select, we may contact you to reschedule your delivery at our cost. At this time, we are unable to either confirm a specific delivery time or window due to overwhelming demand.

ii. Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, we will contact you with an update via text and/or email.

iii. Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.

iv. Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable GustoPoints for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. MásGusto will not offer refunds for any subsequent theft claims.

B.      Delivery Temperature Controls. We do our best to keep all of our products at or below the minimum recommended or required temperature thresholds. Upon receipt, we recommend you either refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.

Section 9.                  Mail Orders

A.      We do not require your presence for delivery of non-alcoholic products. We will deliver to the address you designate through a third-party courier and will request the package left at your door, yard, locker, mailroom, or leasing office. In the event that the third-party courier is unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no safe drop-off place to protect the package from theft or bad weather), either we or the third-party courier will attempt to contact you. If we or the third-party courier agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we or the third-party courier can't reach you after multiple attempts, or if we or the third-party courier are unable to re-deliver the order for any reason, the order will be canceled resulting in a cancellation fee charged to you. In the event you input the incorrect address and we successfully deliver to that address, you are responsible for that shipment without refund. Please be careful and input the correct address into each order. Notwithstanding the foregoing, the third-party courier will abide by its internal standard operation procedure.

i. Offering. Mail-Order products may include various offerings, including seasonal and dry items. Mail-Order products may also include frozen or refrigerated items ("Cold Chain Product"). A Cold Chain Product will be identified as "cold pack required" on the product description page or checkout page and delivered through extra packaging to stay cold during transit.

v. Delivery Dates. Delivery will be made Monday through Friday for most addresses, provided that some addresses may be excluded from delivery on Mondays. We will endeavor to have deliveries made on the scheduled delivery date as provided on your account.

vi. Delivery Time. Delivery time may vary as we are utilizing a third-party courier.

vii. Delivery Fees & Gratuities. Orders of Mail-Order products of less than $49 in retail-value delivered in a single day will be subject to a $5.99 shipping fee. In addition, orders of Cold Chain Products of less than $79 in retail-value delivered in a single day will be subject to a $5.99 shipping fee. These fees are cumulative based on the Products and aggregate retail-value of deliveries in a single day. We reserve the right to add additional delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.

viii.  Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable GustoPoints for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. MásGusto will not offer refunds for any subsequent theft claims.

 ix. Delivery Temperature Controls. We do our best to keep all of our products at or beyond the minimum recommended or required temperature thresholds. Upon receipt, we recommend you refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.

Section 10.               Marketplace Products

The terms of our Marketplace Products Policy are found HERE.

Section 11.               Fresh Gourmet and Fresh Daily by MásGusto

The terms for Fresh Gourmet and Fresh Daily by MásGusto Policy are found HERE

Section 12.               General Returns and Refunds

The terms for our General Returns and Refunds Policy are found HERE. The terms for our mail order Return and Refunds Policy are found HERE

Section 13.               Global+ Returns and Refunds

The terms for our Global+ Returns and Refunds Policy are found HERE.

Section 14.               Promotions & Discounts

MásGusto, at its sole discretion, reserves the right to offer promotions and discounts with different features and different rates to our users, and may modify, suspend, terminate, or cancel any promotions or discounts at any time without notice and for any or no reason. A promotion or discount cannot be transferred or resold, cannot be used for non-qualifying or past orders, may be limited to specific products, may be subject to additional terms and conditions, and may be limited or rescinded. Only one (1) coupon or discount/promotion code can be used per order.

Abuse of any promotion or discount is a violation of our policy, and will result in order cancellation in addition to suspension or termination of the account.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

Section 15.               GustoPoints

GustoPoints are issued by MásGusto as credits that may be used to purchase eligible goods and services on MásGusto. GustoPoints can be purchased ("Refundable GustoPoints", see complete definition below) or earned as rewards ("Non-Refundable GustoPoints"). To view your GustoPoints balance or check your account history, visit your Account.

A. Limitations. Your GustoPoints may only be used on the Services on eligible goods and services provided by MásGusto and cannot be used on other websites, used to purchase additional GustoPoints or gift cards, or sold or transferred to other users or other accounts.

B. How to Obtain GustoPoints. You may obtain GustoPoints by purchased GustoPoints as set forth in these Terms, and earning GustoPoints by performing eligible actions as described to you from time to time and as set forth in these Terms. All GustoPoints must be activated prior to use, you may find more information on your active and inactive GustoPoints, and activate your inactive GustoPoints, on the “My Points” [link] section of your account.

1. Refundable GustoPoints. Refundable GustoPoints are limited to: (1) GustoPoints awarded from the Affiliate Commission; and (2) GustoPoints purchased through the Services. Any other awarded GustoPoints do not have a cash value and CANNOT be returned for a cash refund in the form of a check.

2. Non-Refundable GustoPoints. Non-Refundable GustoPoints which are not purchase as set forth above, and are otherwise awarded as a bonus (e.g., customer spends $100 which equals 10,000 GustoPoints, but they can get a special promotion with an additional 5,000 GustoPoints, the 10,000 GustoPoints are refundable, the 5,000 GustoPoints are non-refundable), rebate, or incentive (e.g., GustoPoints awarded for account sign ups, friend referrals, product sharing, review writing, product photo posting) are not refundable.

Upon your request for refund of any GustoPoints, only Refundable GustoPoints will be refunded. Non-Refundable GustoPoints will be forfeited. All refunds will be issued by check. Refundable GustoPoints will be applied towards a purchase prior to Non-Refundable GustoPoints.

C. Refundable GustoPoints Become Non-Refundable Upon Use. Once you use Refundable GustoPoints to make a purchase, the Refundable GustoPoints will have been redeemed. If you return products purchased using redeemed Refundable GustoPoints, any GustoPoints credited to you will be in the form of Non-Refundable GustoPoints. Only unused Refundable GustoPoints are eligible for a cash refund in the form of a check (e.g., customer has 1,000 Refundable GustoPoints, the customer uses 500 GustoPoints to place an order and then cancels the order for a refund; the 500 GustoPoints go back to the customer's account as Non-Refundable GustoPoints which means the customer can still use the GustoPoints to place another order but those 500 GustoPoints are no longer refundable).

D. Risk of Loss. MásGusto is not responsible if any GustoPoints are lost, stolen, destroyed, or used without your permission. You are responsible for protecting your GustoPoints from unauthorized use. MásGusto bears no liability for any unlawful conduct or fraud using GustoPoints.

Section 16.         MásGusto Rewards Program

The terms of the MásGusto Rewards program are found HERE.

Section 17.         GustoBonus

The terms of the GustoBonus program are found HERE.

Section 18.               Third-Parties

MásGusto May allow you to purchase, receive, or use products, content, information, offers, and services from certain third-parties. References on the Services to any names, marks, products, or services of third parties, or links to third-party platforms or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. MásGusto is not responsible for the content of any third-party linked platform or any link contained in a linked platform, including any third-party social media or mobile app platform with which the Services operates or otherwise interact, nor is MásGusto responsible for the acts or omissions of any operator of any such platform. Your use of any such third-party platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).

Section 19.               Push Notifications, Telephone Calls, and Text Messages

You agree that MásGusto May send you sales and marketing communications, such as by email, app-based push notification through the MásGusto App, or text messages. You can opt out of receiving MásGusto sales and marketing communications at any time by following the unsubscribe instructions in those messages. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. Similarly, you can limit your receipt of push notifications by adjusting the settings of your mobile device.

You may be given the opportunity to opt in to MásGusto message programs which provide updates regarding product and service information/availability, marketing messages, and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. You may opt out of receiving text messages at any time by replying “STOP” to the message. You may receive one confirming text. Message and data rates may apply. You may opt out of any voice telephone message program by following the directions provided during the telephone call.

Section 20.               Privacy

You acknowledge that any personal information that you provide through The Services will be used by MásGusto in accordance with the Privacy Policy, which may be updated by MásGusto from time to time.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to MásGusto and its third-party service providers your mobile number, name, address, e-mail, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the MásGusto Privacy Policy for how MásGusto treats your data.

Section 21.               Licensing Rights

A.      MásGusto Content & Partner Content. Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to MásGusto And are protected under both United States and foreign laws. Except as explicitly stated in these Terms, MásGusto and our licensors reserve all rights in and to our Services. MásGusto Grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may result in account suspension or termination.

B.      Your Use. Your use of the MásGusto Content is limited to your personal use only, and You agree not to download, display or use any MásGusto Content for commercial use (a) in any publications, (b) in public performances, (c) on websites other than the Services for any other commercial purpose, (d) in connection with products or services that are not those of MásGusto, and/or (e) in any other manner that is likely to cause confusion among consumers, that dilutes the strength of MásGusto's or its licensor's intellectual property, or that otherwise infringes MásGusto’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any MásGusto Content or third party content that appears on the Services.

Section 22.               Disclaimers

THE SERVICES, AND ALL PRODUCTS, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY MÁSGUSTO ON AN “AS IS” AND “AS AVAILABLE” BASIS. MÁSGUSTO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE PRODUCTS, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MÁSGUSTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MÁSGUSTO DISCLAIMS ANY AND ALL WARRANTIES EXPRESS, STATUTORY OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY MÁSGUSTO TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MÁSGUSTO IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Section 23.               Limitation of Liability/Remedy

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, MÁSGUSTO WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF MÁSGUSTO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS

Notwithstanding the foregoing, as permissible by applicable law, MásGusto’s total liability to you whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of MásGusto), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Services for any reason whatsoever shall be to $100.00 USD (One Hundred US Dollars). If you are dissatisfied with any of the Services, or any services provided through any of the Services, your sole and exclusive remedy is to discontinue using the Services. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, MÁSGUSTO WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE SERVICES.

Section 24.               Indemnification

You agree to defend (at MásGusto’s option), indemnify, and hold MásGusto and its subsidiaries and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Services or any breach by you of these Terms. MásGusto reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with MásGusto if and as requested by MásGusto in the defense and settlement of such matter.

Section 25.               Disputes, Arbitration, & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

A.      ARBITRATION AGREEMENT

If you utilize the Services and are a resident of the United States (including its possessions and territories), you and MásGusto agree that any dispute, claim or controversy arising out of or relating in any way to the MásGusto Services, these Terms, and this Section 25 (“Arbitration Agreement”), (a “Dispute”), including all questions of arbitrability, shall be resolved by binding arbitration or in small claims court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by accepting these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision (to the exclusion of any conflicting state laws), and that you and MásGusto are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall remain in effect event if you cease use the Services and/or delete any MásGusto accounts.

If you elect to seek arbitration or file a small claims court action, you must first send to MásGusto, by certified mail, a written Notice of your claim (“Notice”). The Notice to MásGusto Must be addressed to: Legal Department, Weee! Inc., 47467 Fremont Blvd., Fremont, CA 94538 (“Notice Address”) cc: legal@sayweee.com. If MásGusto Initiates arbitration, it will send a written Notice to the email address used for your account. A Notice, whether sent by you or by MásGusto, must (a) describe the nature and basis of the claim or Dispute in sufficient detail to understand the sending Party’s position in relation to the Dispute; and (b) set forth the specific relief sought (“Demand”). If MásGusto and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MásGusto May commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after MásGusto receives notice at the Notice Address that you have commenced arbitration, MásGusto Will reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for filing fees.

The arbitration shall be conducted by a sole arbitrator and will be administered by the American Arbitration Association ("AAA") and will be conducted pursuant to the AAA’s Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms. All issues, including any questions of arbitrability, are for the arbitrator to decide. Unless MásGusto And you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence, which shall not impact the seat, or legal place of the arbitration, which shall be New York, New York. The language of the arbitration shall be English.

The arbitrator shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. The arbitrator shall not have power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award punitive damages. Each Party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based.

The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorneys fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

B.      CLASS ACTION WAIVER

YOU AND MÁSGUSTO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MásGusto agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding involving MásGusto. Each Party shall bear its own arbitration filing fees. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorneys fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

Section 26.               Notice to California Consumers

Please contact customer service through the Help Center on our website if you have concerns, complaints, or feedback. For your reference, the State of California’s Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

As a California resident, under Proposition 65, you are entitled to notice when a Product contains a chemical, listed by and known to the State of California, to which exposure at a significant risk level can increase the risk of cancer and/or to be a reproductive toxicant. For information about Proposition 65, go to www.P65Warnings.ca.gov.

Section 27.               Severability

If (i) any dispute or claim subject to Section 25 (Arbitration Agreement) is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 25 other than the class action and mass action waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms, and the remainder of the Terms shall be enforceable to the maximum extent permitted by law.

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Section 28.               Governing Law

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 25 of these Terms. If the FAA is found not to apply to any portion of Section 25 of these Terms, then the applicable laws of the State of Delaware shall apply without regard to choice-of-law principles.

Section 29.               Customer Support

To find more information about our Services, if you need assistance with your account, or have questions about your order, please visit the MásGusto Help Center on our website. In the event of any conflict between these Terms and information provided by customer service or other portions of our Services, these Terms will control.

Section 30.               Assignment

MásGusto may assign these Terms and any other agreements with you to any affiliated company or to any entity that controls all or substantially all of our business or assets related to the applicable Services and/or MásGusto.

Section 31.               Communication Preferences

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, to the contact information provided during your account registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Section 32.               Contact Us

Please contact customer service through the Help Center on our website if you have concerns, complaints, or feedback. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.


 

MásGusto Marketplace Policy


Section 1.                  Availability

The MásGusto Marketplace (Marketplace) displays products offered by certain third party sellers (“Sellers”). MásGusto does not have direct control over the supply and availability of products offered by Sellers. As a result, certain products become unavailable immediately before the scheduled delivery date. In such event, please contact our customer service.

Section 2.                  Delivery of Marketplace Products 

Marketplace Products are products purchased through the Marketplace, whether alcohol, non-alcoholic, or otherwise (information about alcohol orders can be found in Section 4 below). Marketplace Products will be delivered through a third-party courier unaffiliated with MásGusto. These couriers have a direct relationship with the Sellers. The range for delivery time shall be provided to you at checkout. A tracking link will be sent to an email account designated by you to track the status of the delivery. Based on the type of courier, your presence to accept the Products may or may not be required. MásGusto's sole responsibility with respect to the delivery of Products shall be to communicate with the Seller to deliver the Product, or in the event that the Product is not delivered, providing a refund to you after reasonable investigation. Notwithstanding the foregoing, MásGusto disclaims any liability for any damages to the Product during delivery. In any such event, you agree to contact the Seller or the courier directly. In the event that you input the wrong address and the Product is successfully delivered to that address, you are responsible for that shipment without refund. Please be careful and input the correct address in each order.

A.      Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, please review the tracking link.

B.      Delivery Fees & Gratuities. The fees for delivery shall be as provided on our website. This fee may include assessments for special handling concerns or other costs for your order. This is not a gratuity for delivery personnel.

C.      Package Theft. In the event of theft of the Product before or after delivery, you will need to reach out to the Seller or the courier to discuss remedies. MásGusto disclaims responsibility or liability of any such theft.

D.      Delivery Temperature Controls. For certain perishable products, we recommend that you, upon receipt, refrigerate or freeze sch products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.

Section 3.                  Returns & Refunds

In some cases, you may receive a Product purchased through the Marketplace that fails to meet the Seller's standards of quality. These Products are subject to the guarantee or return policy as provided in the Marketplace at the time of your purchase of the Products. If you are seeking a return or refund, please reach out to our customer service.

A.      Returns. While MásGusto will coordinate with Sellers to support the return process, the Seller shall be solely responsible for returns subject to their return policy, which shall be at least to the standards provided in the terms provided to you on the Marketplace interface when you purchased the Product. Upon your request for a return, you will be sent a return label. It is your obligation to attach the return label properly and to ship the Product to the Seller. Notwithstanding the foregoing, Products shipped by foreign Sellers are ineligible for a Return.

B.      Refunds. If you have not received the Product and the Product has not been shipped, we will provide you a refund promptly through the payment method you used upon your request for eligible refunds. If you have received the Product or the Product has been shipped, refunds will only be provided for eligible product after the Seller has received the Product in the same condition that it arrived.

Section 4.                  Delivery of Alcohol Orders 

The third-party courier will require the presence of an individual twenty-one (21) years of age or older to deliver alcohol evidenced by a non-expired valid government-issued photo ID. The courier will deliver to the address you designate. If you input the incorrect address and the courier successfully deliver to that address, you are responsible for that shipment without refund. If the courier is unable to deliver your package, the Seller/we will attempt to contact you. If you and the Seller agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If the Seller/we can't reach you after multiple attempts, or if the courier is unable to re-deliver the order for any reason, the order will be canceled and returned to the Seller’s warehouse and the Seller/we may charge you a cancellation fee.

A.      Delivery Time. If for any reason, we are unable to deliver on the day you select, we may contact you to reschedule your delivery at our cost. Delivery windows are typically between 5:30pm and 9:30pm local time.

B.      Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, we will contact you with an update via text and/or email.

C.      Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order.

D.      Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable GustoPoints for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. MásGusto will not offer refunds for any subsequent theft claims.

E.       Refund and Return Instructions. Alcohol products are not eligible for return, but they may be eligible for refund by making a request within 3 days from delivery for quality issues (e.g. delivery of incorrect product, expired product, damage to the container that results in spoilage of the product, etc.). Please provide relevant evidence such as photos or videos demonstrating the issue. We will evaluate your request and process your refund accordingly. Failure to provide adequate proof may result in a refusal of your request. Please note that website product images and information serve as references only.

F.       No Refunds Qualification: Refunds are not available in certain scenarios, including when:

i.            Product damage is caused by improper use or storage;

ii.            There are no quality issues with the product; or

iii.            Insufficient evidence of quality issues has been provided.

 


 

Fresh Gourmet and Fresh Daily by MásGusto Policy

 

Customers can choose baked goods, fresh products or other products with no substitutions from MásGusto's bakery, restaurant and other partners ("Fresh Gourmet and Fresh Daily by MásGusto"). Fresh Gourmet and Fresh Daily by MásGusto is subject to these additional terms and conditions, which are subject to change from time to time:

Section 1.                  Availability 

Fresh Gourmet and Fresh Daily by MásGusto is available daily in limited quantities from bakeries, restaurants or other partners selected by MásGusto.

Section 2.                  Delivery 

Fresh Gourmet and Fresh Daily by MásGusto delivery is subject to the delivery terms and conditions in Section 8 (General Products (non Mail-Order)), which are subject to change from time to time.

Section 3.                  Delivery Order Cut-Off

You may modify or cancel Fresh Gourmet and Fresh Daily by MásGusto orders via the "Order Detail" section before the cutoff time, or by contacting our customer service.

Section 4.                  No Combination With Other Orders

Fresh Gourmet and Fresh Daily by MásGusto orders may not be combined with products available only by mail-order or with Marketplace products.

Section 5.                  Coupons

Coupons and GustoPoints can be applied to Fresh Gourmet and Fresh Daily by MásGusto, but may not be combined with any other promotions or discounts.


 

General Return and Refund Policy


MásGusto is committed to your satisfaction. In some cases, you may receive a product that fails to meet our standards for quality. If this occurs, please reach out to our customer service. Our products are subject to the below return policies unless otherwise provided elsewhere in these Terms: To request a refund, visit the "My Account" section, or contact our customer service. Unless otherwise noted above, all refund requests must be submitted within forty-eight (48) hours from the date of delivery.

Section 1.                  Refund & Return Instructions

A.      Perishable Products (i.e., fresh food): Perishable products are not eligible for return except if you can clearly demonstrate a food quality issue, including damaged or expired products. All requests for refunds must be made within 2 days from receipt of the product. Product damage caused by improper use or storage will not be accepted for refund. Please note that website product images and information serve as references only. If you consider that you have received damaged, expired, defective, or low-quality products, please provide relevant evidence such as photos or videos demonstrating the issue. We will evaluate your request and process your refund accordingly. Failure to provide adequate proof may result in a refusal of your request. Refunds requests will be rejected if there are no quality issues with the product.

B.      Temperature-Controlled Products: Temperature-Controlled Products are not eligible for return except if you can clearly demonstrate a food quality issue, including damaged or expired products. All requests for refunds must be made within 2 days from receipt of the product. Product damage caused by improper use or storage will not be accepted for refund. Please note that website product images and information serve as references only. If you consider that you have received damaged, expired, defective, or low-quality products, please provide relevant evidence such as photos or videos demonstrating the issue. We will evaluate your request and process your refund accordingly. Failure to provide adequate proof may result in a refusal of your request. Refunds requests will be rejected if there are no quality issues with the product.

C.      Shelf Stable Food Products (i.e., products that can be safely stored at room temperature for at least 30 days from the date of delivery): Shelf Stable Food Products are not eligible for return except if you can clearly demonstrate a food quality issue, including damaged or expired products. All requests for refunds must be made within 7 days from receipt of the product. Product damage caused by improper use or storage will not be accepted for refund. Please note that website product images and information serve as references only. If you consider that you have received damaged, expired, defective, or low-quality products, please provide relevant evidence such as photos or videos demonstrating the issue. We will evaluate your request and process your refund accordingly. Failure to provide adequate proof may result in a refusal of your request.

D.      Medicine and Herbal Treatments: Medicine and Herbal Treatments are not eligible for return except if you can clearly demonstrate a quality issue, including damaged or expired products. All requests for refunds must be made within 30 days from receipt of the product. Product damage caused by improper use or storage will not be accepted for refund. Please note that website product images and information serve as references only. If you consider that you have received damaged, expired, defective, or low-quality products, please provide relevant evidence such as photos or videos demonstrating the issue. We will evaluate your request and if verified, process your refund accordingly. Failure to provide adequate proof may result in a refusal of your request. Refunds requests will be rejected if there are no quality issues with the product.

E.       Electronics, Cooking Utensils, Other Non-Food Products: Electronics, Cooking Utensils, Other Non-Food Products, Beauty Products, Cosmetics and Skin Care Products are not eligible for return except if you can clearly demonstrate a food quality issue, including damaged or expired products. All requests for refunds must be made within 30 days of receipt of the product. Product damage caused by improper use or storage will not be accepted for refund. Please note that website product images and information serve as references only. If you consider that you have received damaged, expired, defective, or low-quality products, please provide relevant evidence such as (photos or videos demonstrating the issue. We will evaluate your request and if verified, process your refund accordingly. Failure to provide adequate proof may result in a refusal of your request. Refunds requests will be rejected if there are no quality issues with the product. Ensure all product contents, accessories, packaging materials, instruction manuals, and any free gifts are included in the return package. Missing items may delay processing or result in a rejected return. Upon receiving your return, please allow up to 1-3 business days for inspection and processing. Refunds will be issued back to the original form of payment. Note that your bank may require an additional 1-3 business days to process the refund. If the return is initiated for personal reasons, the return costs will be at your own expense For personal returns, the item must be new and unopened. Opened or used products may be eligible for a partial refund or be rejected at our discretion.

F.       More terms of the MásGusto Refund and Return Policy are found HERE.     

Section 2.                  Return & Refund Process

A.         Apply for Return

i.            Submit the refund request online or send an email to our customer service, including your order number and the reasons for return. If the item is damaged or has quality issues, please provide photos or video of the proof.

B.      Return Confirmation

i.            If the return is initiated for personal reasons, the return costs will be at your own expense.

ii.            For personal returns, the item must be new and unopened. Opened or used products may be eligible for a partial refund or be rejected at our discretion.

C.      Statement of Limited Return Eligibility

i.  No refund will be issued if:

1. Products have been tampered with, damaged, modified, or rendered unsellable due to customer intervention are not eligible for return.

2. Items are missing parts, labels have been altered, or serial numbers have been tampered will not be eligible for returns.

3.Non-returnable do not evidence any quality problems.

Section 3.                  Important Disclaimers

A.      Fresh products may vary in appearance due to factors such as seasonal changes, weather conditions, and regional differences in cultivation.

B.      Please be aware that the actual product received may differ from the images displayed on our website, which are for reference purposes only. 

C.      To maintain the freshness and quality of perishable products, it is essential to store them appropriately in the freezer or refrigerator upon receipt. Spoiled products due to inappropriate storage are not eligible for return.

D.      In order to ensure the freshness of your order, please ensure you are available to receive the package. If you are unavailable and the delivery is unsuccessful, it may affect the quality of the product, and the item may not be eligible for return. 

E. Please understand that the following circumstances are not eligible for a refund:

i. Failure to sign the package in time for fresh products  

ii. Not frozen/refrigerated upon receiving temperature-Controlled Products

iii. Feedback received beyond the after-sales deadline 

iv. Without valid proof

v. Packages not received due to providing wrong or incomplete addresses

F. Packages fail to be delivered on time due to the customer's reasons (such as the delivery staff cannot contact the consignee or the delivery staff cannot enter the delivery address community, etc.), MásGusto will not be responsible for the refund of the fresh products in the package. A $15 restocking fee may be applied for such returns.

G. MásGusto is not responsible for any data or media, stored or installed, on returned devices. Customers are advised to export or remove any data and media prior to returning the item.