Terms and conditions Mexico
Important notice: Sales of Saigu Cosmetics® brand products made to consumers in Mexican territory through the website www.saigucosmetics.com (es-mx version) are carried out by GetCubbo, S.A.P.I. de C.V. in its capacity as Merchant of Record (legal seller). Saigu Cosmetics, S.L. acts as the sales channel operator on behalf of GetCubbo, S.A.P.I. de C.V. for collection and customer support purposes. The electronic invoice (CFDI) for each transaction is issued by GetCubbo, S.A.P.I. de C.V.
1. Identification of the parties
Legal seller in Mexico (Merchant of Record): GetCubbo, S.A.P.I. de C.V., RFC GET210216544, with registered office at Calle Emerson No. 130, Polanco IV Sección, Delegación Miguel Hidalgo, Mexico City, C.P. 11550 (hereinafter, “CUBBO” or the “Seller”).
Sales channel operator and brand owner: Saigu Cosmetics, S.L., a company incorporated under the laws of Spain, with N.I.F. B67263533 and registered office at Calle Jorge Juan 9, 46004 Valencia, Spain (hereinafter, “SAIGU”). SAIGU operates the sales channel and receives consumer payments on behalf of and for the account of CUBBO under a collection mandate with limited representation.
Consumer: Any individual or legal entity residing in Mexico who purchases the Products through the site in its es-mx version (hereinafter, the “Customer”).
2. Purpose and acceptance
2.1. These Terms and Conditions govern the contractual relationship arising from the purchase and sale, through the website www.saigucosmetics.com (es-mx version), of the cosmetic products marketed under the Saigu Cosmetics® brand (the “Products”) by CUBBO in its capacity as Merchant of Record.
2.2. By placing an order, the Customer declares that they have read, understood, and expressly and unreservedly accepted these Terms and Conditions, as well as the Privacy Notice and the Shipping, Returns, and Refund Policies published on the site.
2.3. These Terms and Conditions, together with the order confirmation, constitute the contract between CUBBO and the Customer, in accordance with the Commercial Code, the Federal Consumer Protection Law (“LFPC”), NOM-151-SCFI-2017, and other applicable provisions of Mexican law.
3. Capacity and registration
3.1. To place orders on the site, the Customer must be of legal age and have full legal capacity to enter into contracts under Mexican law.
3.2. The Customer must provide truthful, complete, and up-to-date information at the time of registration and purchase. CUBBO and SAIGU are not liable for any damages or losses resulting from inaccurate or incomplete information provided by the Customer.
4. Purchase process and contract execution
4.1. The Customer must select the Products, add them to the cart, and complete the purchase process by making payment using any of the available methods.
4.2. Once the order is received, the site will send an acknowledgment of receipt. The purchase will be finalized only when CUBBO issues and sends the Customer formal order confirmation by email, once payment has been verified.
4.3. CUBBO reserves the right not to accept orders for justified reasons, including but not limited to: material error in prices or descriptions, lack of stock, suspicion of fraud, the Customer’s prior breach, or legal or logistical restrictions. In such cases, the Customer will be notified and, if a charge was made, the amount paid will be refunded in full.
5. Prices and taxes
5.1. The prices published in the es-mx version of the site are expressed in Mexican pesos (MXN) and include Value Added Tax (VAT) at 16%, in accordance with Article 1 of the Value Added Tax Law. VAT is assessed, reported, and remitted by CUBBO in its capacity as Merchant of Record.
5.2. Shipping costs are not included in the price of the Products unless expressly stated otherwise. The total amount to be paid, broken down into subtotal, VAT, and shipping, will be shown to the Customer before confirming the purchase.
5.3. CUBBO and SAIGU reserve the right to change prices at any time. In all cases, the price published at the time the order is placed will apply to the Customer.
5.4. In the event of an obvious error in the price of a Product, CUBBO may cancel the transaction by notifying the Customer and refunding any amount received, without creating any additional obligation.
6. Payment methods
6.1. Payments are processed through Shopify Payments and other authorized processors, connected to Visa, Mastercard, and American Express card networks, as well as other methods enabled on the site.
6.2. The Customer guarantees they are the legitimate holder of the payment method used. If the fraud prevention team detects unusual transactions, CUBBO may cancel the transaction and request additional verification.
7. Invoicing (CFDI)
7.1. CUBBO issues the corresponding Digital Tax Receipt over the Internet (CFDI) for each sale made to the Customer, in accordance with the Federal Tax Code and the current Miscellaneous Tax Resolution.
7.2. If the Customer requires a CFDI with a tax use different from “No tax effects” (general public), they must request it within the same calendar month as the purchase through the channel indicated on the site, providing RFC, legal name, ZIP code of the tax address, tax regime, and CFDI use.
8. Delivery
8.1. The Products will be delivered to the shipping address provided by the Customer within Mexican territory. CUBBO coordinates logistics through specialized shipping carriers authorized for this purpose.
8.2. Estimated delivery times are shown on the site and in the order confirmation. These timeframes are estimates and do not constitute a guarantee of delivery on a specific date, except where required by law.
8.3. The risk for the Products will transfer to the Customer at the moment of physical delivery to the indicated address.
8.4. If the Customer is absent from the address or there are repeated failed deliveries not attributable to the courier, reshipping costs may be charged to the Customer, with prior notice.
9. Availability
9.1. Offers and promotions are subject to availability. If, after an order is confirmed, total or partial unavailability of any Product is detected, CUBBO will contact the Customer to offer: (i) substitution with an equivalent product, (ii) waiting for restocking, or (iii) partial or total cancellation with a refund of the corresponding amount.
10. Exchange, return, and refund policy
10.1. General policy
CUBBO and SAIGU only accept exchanges, returns, or refunds when the Product received by the Customer falls under one of the following cases attributable to CUBBO, SAIGU, or the courier company hired for delivery:
• Product received in poor condition, damaged, broken, leaked, or with obvious defects attributable to transport or order preparation.
• Product defective from origin or with manufacturing faults that affect its use according to the published specifications.
• Product different from the order (reference, shade, format, or incorrect variant).
• Missing units or items compared to what was confirmed in the order.
Exchanges, returns, or refunds are not accepted due to a change of mind, Customer error in choosing the shade, color, format, or product; a subjective expectation about the cosmetic result; or any other cause not attributable to CUBBO, SAIGU, or the carrier.
10.2. Reporting timeframe and procedure
For the claim to be valid, the Customer must notify it within 5 (five) calendar days following the date the order is received, by sending an email to info@saigucosmetics.com with the following minimum information:
• Order number and the Customer’s contact details.
• Description of the issue identified.
• Clear, legible photographs of the affected Product and the outer packaging (box, seal, shipping label), preferably taken at the time of opening.
CUBBO may request additional reasonable evidence and, where applicable, keep the original packaging until the claim is resolved, particularly when it is necessary to file a claim with the logistics operator.
10.3. Resolution
Once the validity of the claim has been confirmed, the Customer may choose, at their own discretion, one of the following solutions:
• Replacement of the same Product, at no additional cost, subject to stock availability.
• Full refund to the same payment method used for the original purchase.
If the Customer opts for a replacement and the Product is not available at the time of resolution, CUBBO will offer a refund to the original payment method.
10.4. Timeframes and costs
The refund, where applicable, will be issued to the same payment method within 14 (fourteen) business days following confirmation that the claim is valid. The replacement Product will be shipped within the usual delivery timeframes indicated in the shipping policy.
All costs associated with collecting the affected Product and shipping the replacement are fully covered by CUBBO/SAIGU. Where applicable, the Customer will receive specific instructions and a prepaid return label.
10.5. Inherent warranty and claims outside the time limit
Without prejudice to the 7-calendar-day period for reports of damage, defect, or shipping error, the Customer retains the rights arising from the Product’s inherent warranty for hidden defects that become apparent later, under section 11 and the Federal Consumer Protection Law.
10.6. Abuse of the process
CUBBO and SAIGU reserve the right to deny the claim when they detect abusive, repeated, or fraudulent use of the process, including, without limitation, recurring claims associated with the same account, address, or payment method; intentionally caused damage; or clearly unfounded requests. Each case will be evaluated individually.
11. Product warranty
11.1. The Products are covered by the inherent quality and conformity guarantee granted by SAIGU as manufacturer and brand owner. Without prejudice to the Seller’s obligations set out in the LFPC, SAIGU will be responsible to the Customer for the quality, safety, efficacy, advertising information, technical specifications, and warranties of the Products.
11.2. If the Customer detects a manufacturing defect, damage, a shipping error, or any nonconformity attributable to the Product, they must notify it by emailing info@saigucosmetics.com within 7 (seven) calendar days of receipt, attaching photographic evidence of the defect and the Product’s batch number. CUBBO will handle the replacement, repair, or refund operationally at SAIGU’s cost, at no cost to the Customer.
11.3. By default, the operational handling of complaints and returns is carried out by CUBBO in accordance with the commercial policies agreed with SAIGU, without this transferring the substantive responsibility for the Product, which rests with SAIGU.
12. Customer service and dispute resolution
12.1. For any questions, complaint, or request for clarification, the Customer can contact customer service at info@saigucosmetics.com.
12.2. In compliance with Article 99 of the LFPC, the Client may file complaints and claims with the Federal Consumer Protection Agency (PROFECO) under the terms and time limits set out in that law.
13. Intellectual property
13.1. The Saigu Cosmetics® brand, as well as all texts, photographs, illustrations, videos, designs, logos, and other content on the site are the exclusive property of SAIGU or, where applicable, its licensors. Any total or partial reproduction, distribution, transformation, or public communication requires SAIGU’s prior, express, written authorization.
14. Personal data protection
14.1. The processing of the Client’s personal data is governed by the Privacy Notice published on the site (es-MX version), prepared in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP), its Regulations, and other applicable laws.
15. Cookies and e-commerce
15.1. The site uses cookies and similar technologies as described in the Privacy Notice and the applicable cookie policy. Records of the transactions carried out are retained in accordance with NOM-151-SCFI-2017.
16. Amendments
16.1. CUBBO and SAIGU may amend these Terms and Conditions at any time to adapt them to regulatory, operational, or commercial changes. The changes will be reflected on this page, indicating the date of the last update. Sales completed prior to the change will be governed by the Terms and Conditions in force at the time of purchase.
17. Fortuitous events and force majeure
17.1. Neither party shall be liable for breaches or delays resulting from fortuitous events or force majeure, including, without limitation, natural disasters, social unrest, logistics stoppages, government restrictions, pandemics, or widespread telecommunications failures.
18. Applicable law and jurisdiction
18.1. These Terms and Conditions are governed by Mexican federal law, including in particular the Commercial Code, the Federal Civil Code, the Federal Consumer Protection Law, and the Federal Law on the Protection of Personal Data Held by Private Parties.
18.2. For the interpretation and enforcement of these Terms and Conditions, the parties expressly submit to the exclusive jurisdiction of the federal courts located in Mexico City, waiving any other venue that may apply due to their current or future addresses, without prejudice to the Client’s right, as a consumer, to go to PROFECO in accordance with Article 99 of the LFPC.
Contact. info@saigucosmetics.com
Legal seller (MoR). GetCubbo, S.A.P.I. de C.V. — Emerson Street No. 130, Polanco IV Section, Miguel Hidalgo, Mexico City, C.P. 11550 — RFC GET210216544.
Channel operator and trademark owner. Saigu Cosmetics, S.L. — Jorge Juan Street 9, 46004 Valencia, Spain — N.I.F. B67263533.