Terms and Conditions

All information and resources found on savvyandwell are based on research, opinion/experiences and are meant to motivate readers to make their own nutrition and health decisions after consulting with their health care provider. I am not a doctor or a registered dietician. Readers should consult a doctor before making any health changes, especially any changes related to a specific diagnosis or condition. No information on this site should be relied upon to determine diet, make a medical diagnosis or determine a treatment for a medical condition.

 Any statements or claims about the possible health benefits conferred by any foods or supplements have not been evaluated by the Food & Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

Terms and Conditions

Confirmation of Order

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for canceling your order.

Payment

You must pay in full by debit card, credit card, or corporate check in advance when you submit an order through our website, email, fax, or telephone. Payment will be collected at the time of placing the order. You authorize Savvy & Well/Mixtli to charge your credit card on file with us for your orders and any additional charges that accrue. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you; you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Savvy & Well/Mixtli. If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.

No Refunds

As nearly all of our products are either edible or personalized, all sales are final and no refunds or store credit will be issued.

Cancellation/Refunds

Orders cannot be canceled once Savvy & WEll/Mixtli has begun processing the order. In order to promptly deliver our spices as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. However, should you wish to change or cancel your order, you are welcome to call us to check whether the processing of an order has commenced, and if it has not we may be able to accommodate your request to cancel and will do our best to meet your needs. Any changes to or cancellation of an order can only be made with Savvy & Well/Mixtli’s prior written approval and additional charges may apply. Any agreement by Savvy & Well/Mixtli to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Savvy & Well/Mixtli to that point, and you agree that such amounts may be deducted from any payments previously made to Savvy & Well/Mixtli. Accordingly, we encourage you to carefully check your order before submitting it.

Quotes/Custom Orders/Changes:

Price quotes are good for thirty (30) days. For custom orders, we require an upfront, non-refundable payment of $850 MX which will be credited against your full order should you proceed. Unless otherwise stated by Savvy & Well/Mixtli, pricing for custom orders includes two rounds of reviews for custom artwork, so that you will have the opportunity to review a draft of the artwork and then review any revisions made based on your comments arising from your initial review. Additional design changes will incur an additional $450 MX charge for each additional round of design drafts and review. Savvy & Well/Mixtli will provide proofs of custom artwork that must be approved by you in person or via fax or email. By finalizing your order, you are verifying that all information is accurate. Savvy & Well/Mixtli is not responsible for any errors in artwork or copy provided by you. Savvy & Well/Mixtli is not responsible for any errors once such custom work has been approved by you.

Packaging

To the extent that Savvy & Well/Mixtli jars are packed in a box that Client delivers to a consumer, the box must be provided by Savvy & Well/Mixtli. In particular, Savvy & Well/Mixtli packaging is protected in the United States and in foreign jurisdictions by one or more of design rights, copyrights, and trademark trade dress such that copying Savvy & Well/Mixtli packaging without Savvy & Well/Mixtli’s express written permission is a violation of law.

Delivery

Delivery will be deemed to have taken place at the time Savvy & Well/Mixtli  places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. Savvy & Well/Mixtli is not responsible for lost, stolen or damaged goods once an order leaves our possession.

If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.

Summer Shipping (May – September):

Orders made on Thursday and Friday will not ship until Monday as we do not want any shipments to be held in warehouses over the weekend. The warehouses are extremely hot. Any rush order made Monday through Thursday is always eligible for an overnight shipping upgrade at your request. You will be charged accordingly.

Drop Ship:

To ensure accuracy, all drop ship addresses will be used exactly as given by the client. Drop ship addresses must be provided on Savvy & Well/Mixtli’s template. Client provided templates will not be accepted and Savvy & Well/Mixtli will not translate customer-provided information onto the Savvy & Well/Mixtli template. Savvy & Well/Mixtli accepts no liability for packages believed to be returned or delivered to incorrect addresses.

Please note that order lead time commitments do not commence until all order information, including all drop ship addresses, have been received by Savvy & Well/Mixtli. All returned packages will be sent to client after 2 weeks, and client will be responsible for the shipping costs.

Copyright

You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or for companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Savvy & Well/Mixtli to reproduce the images has been obtained.

We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our website or other advertising media, for Savvy & Well/Mixtli’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.

Warranty/Limited Liability

Customer agrees to provide appropriate storage for all products received pursuant to this Client Intake Form until they are disseminated. Customer shall not allow any such product to be altered, mishandled, modified or adulterated in any way whatsoever and shall ensure that all such products are distributed with all product labeling and packaging in place and unaltered. Customer shall hold all product in safekeeping until distributed and shall bear the risk of loss of products upon receipt from Savvy & Well/Mixtli. Without limiting the foregoing, Customer shall safeguard the products while in its or its designees’ possession, custody or control, including but not limited to taking all necessary precautions to prevent contamination, mishandling, spoilage, theft and unauthorized use. Without limiting the foregoing, in no event shall Customer use less than reasonable care in storing and/or handling the products.

Savvy & Well/Mixtli warrants the right to provide its products, and agrees to provide appropriate storage for all products delivered pursuant to this Client Intake Form until they are shipped to the Customer. Savvy & Well/Mixtli shall not allow any such product to be altered, mishandled, modified or adulterated in any way whatsoever, except as necessary to conform the product or its packaging to Customer’s order, and shall ensure that all such products are distributed with all product labeling and packaging in place and unaltered, except as otherwise requested in writing by Customer.

Without limiting the foregoing, Savvy & Well/Mixtli shall safeguard the products while in its possession, custody or control, including but not limited to taking all necessary precautions to prevent contamination, mishandling, spoilage, theft and unauthorized use. Without limiting the foregoing, in no event shall Savvy & Well/Mixtli use less than reasonable care in storing and/or handling the products.

Except as expressly set forth above, there are no warranties of any kind, express or implied, oral or written.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, hold harmless, and defend Savvy & Well/Mixtli, LLC, its affiliates and subsidiaries, and their respective agents, ocers, directors, employees, partners, consultants, independent contractors, successors and assigns against any and all loss, claim of loss, injury, costs and damages arising from your purchase of Savvy & Well/Mixtli’s products.

Customization

To ensure consistency with the Savvy & Well/Mixtli brand, clients may not produce customization elements that will go on Savvy & Well/Mixtli products without the express written consent of Savvy & Well/Mixtli. We will accept design artwork from clients, but Savvy & Well/Mixtli will print and apply all customizations to the product ordered by the client. We will accept design files in .jpg, .png, .ai, .eps and .psd formats. Savvy & Well/Mixtli must approve any client-provided artwork and reserves the right to request changes at Savvy & Well/Mixtli’s discretion. Every customized order requires a $850 MX design fee, even if the artwork is provided by the client.

General

These Terms and Conditions shall be governed by the internal substantive laws of the state of Nayarit, without respect to its conflict of laws principles. Any claim or dispute between you and Savvy & Well/Mixtli shall be decided exclusively by a court of competent jurisdiction located in Nuevo Vallarta, Nayarit. These Terms and Conditions shall constitute the entire agreement between you and Savvy & Well/Mixtli regarding your order. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not elect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Savvy & Well/Mixtli’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Savvy & Well/Mixtli reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.