Welcome to Pumpum Desserts! These Terms and Conditions ("Terms") govern your use of our websites, including www.pumpumdesserts.com and accounts.pumpumdesserts.com, as well as all related services (collectively, the "Service"), operated under the trade name "Pumpum Desserts" ("we," "us," "our").
By accessing our Service, creating an account, or placing an order, you ("User" or "Customer") confirm that you have read, understand, and agree to be legally bound by these Terms and our additional policies, including our Privacy Notice, Shipping Policy, Returns and Cancellations Policy, and Cookie Policy, which are incorporated by reference into this document.
If you do not agree with the entirety of these Terms, you must not use our Service.
1. Object of the Service
Pumpum Desserts offers an online service for the creation and sale of pastry products (the "Products"), prepared to order. The Service is available exclusively for users within the delivery zones specified in our Shipping Policy and validated via Postal Code on the website.
2. Critical Allergen Information
Our Products are handcrafted in a kitchen where common food allergens are regularly handled and processed, including, but not limited to: wheat (gluten), dairy products, eggs, soy, tree nuts (such as walnuts, almonds, etc.), and peanuts.
2.1. Absence of "Free-From" Products: Pumpum Desserts does NOT offer products that are vegan, gluten-free, dairy-free, nut-free, or any other variant qualified as "free-from" a specific allergen.2.2. Risk of Cross-Contamination: Although we implement hygiene practices to minimize it, the risk of cross-contamination is inherent in our production environment. Therefore, we cannot guarantee under any circumstances that any of our Products are 100% free of traces of any allergen.2.3. Customer Responsibility: It is the sole responsibility of the Customer to read and understand this warning. If you or the person for whom you are placing the order suffers from a food allergy, we recommend NOT consuming our Products. By placing an order, the Customer acknowledges and accepts the risks described herein and releases Pumpum Desserts from any liability for allergic reactions.3. User Accounts and Purchase Methods
3.1. Eligibility: To place an order, you must be at least 18 years of age and possess the legal capacity to enter into binding contracts.3.2. Guest Checkout: You may place an order without creating an account. By doing so, you must provide the necessary data for the management of your order (name, email, phone number, and address), which will be processed in accordance with our Privacy Notice.3.3. Registered Accounts: You may create an account to facilitate future purchases. You agree to provide truthful information and to maintain the confidentiality of your password, being solely responsible for all activity that occurs under your account.3.4. Third-Party Login (Google Sign-In): You may register using your Google account. By doing so, you authorize Google to share your name, email address, and profile picture with us to create or access your account, subject to our Privacy Notice and Google's policies.3.5. Account Suspension and Cancellation: Pumpum Desserts reserves the right to suspend or cancel any user's account, at its sole discretion and without prior notice, in the event of a breach of these Terms. Reasons for suspension or cancellation include, but are not limited to: detection of fraudulent activity (such as abuse of promotions or filing improper chargebacks), providing false or misleading information, harassment of our staff or community, or any other conduct we deem detrimental to our business, reputation, or other customers.4. Order and Purchase Process
The process to purchase our Products consists of the following steps:
4.1. Selection and Customization: The Customer browses our catalog, selects the desired Products, adds them to their shopping cart, and specifies any available customizations.4.2. Offer to Purchase: Upon finalizing the selection and proceeding to payment, the Customer provides delivery and contact information. This act constitutes a formal offer to purchase the selected Products under the terms herein.4.3. Confirmation and Acceptance: An order is not considered accepted until the Customer receives an "Order Confirmation" email from us sent from orders@pumpumdesserts.com. This email formalizes the sales contract between the Customer and Pumpum Desserts.4.4. Right of Refusal: We reserve the right, at our sole discretion, to refuse or cancel any order for reasons including, but not limited to: lack of availability of ingredients, being outside our delivery coverage zone (validated by Postal Code), suspicion of fraudulent activity, or errors in the Product information or price. In such a case, the Customer will be notified, and a full refund of the amount paid will be processed.4.5. Accuracy of Customer Information: The Customer is solely responsible for providing complete, correct, and up-to-date contact, billing, and shipping information. Pumpum Desserts is not responsible for delays, failed deliveries, additional costs, or any other inconvenience resulting from incorrect or incomplete information provided by the Customer.4.6. Order Modifications: Any request to modify a confirmed order (e.g., change of flavor, size, dedication, or delivery date) must be made at least 78 hours in advance of the scheduled delivery date. All modifications are subject to our approval, availability of ingredients, and schedule. If the requested changes result in a cost increase, the Customer must cover the difference for the modification to be applied. If the Customer requests to remove items from their order, a price adjustment will only be considered if the request is made more than 48 hours in advance; otherwise, the original cost of the order will be maintained without the possibility of a partial refund.5. Prices, Payments, and Invoicing
5.1. Prices and Currency: All prices are displayed in Mexican Pesos (MXN) and include applicable taxes, such as the Value Added Tax (IVA) and the Special Tax on Production and Services (IEPS), as appropriate to the nature of each product. Shipping costs are calculated dynamically based on the Postal Code and are added separately during the checkout process. Prices may change without prior notice, but the price in effect at the time the purchase offer is made will be honored.5.2. Accepted Payment Methods:Cash: Exclusively for orders with a total equal to or less than $150.00 MXN, payable upon delivery. We appreciate the Customer having the exact amount or specifying which bill they will pay with when placing the order to ensure our delivery driver has the correct change.Bank Transfer (SPEI): Instructions will be provided at checkout. For the order to be confirmed, payment must be made and the receipt must be sent to our email orders@pumpumdesserts.com or via WhatsApp on the same day the order is placed. If the receipt is not received within this period, the order will be automatically canceled.Credit and Debit Cards: Processed securely through our payment provider, Clip.5.3. Invoicing (CFDI): If you require a tax invoice, you may request it at the time of your purchase or during the calendar month in which it was made by sending your fiscal data to facturacion@pumpumdesserts.com. Invoices for previous months will not be issued.6. Promotions and Discount Codes
Any promotion or discount code will be subject to specific terms and conditions communicated with the offer. Unless otherwise stated, the following general rules apply: codes are for single use per customer, cannot be combined with other promotions, have no monetary value, are non-transferable, and may be subject to an expiration date or apply only to specific Products. We reserve the right to modify or cancel any promotion at any time.
7. Shipping Policy
The delivery of our Products is a crucial part of the service. The shipping cost is determined automatically based on the coverage of the entered Postal Code:
Near Zone: Free shipping.Standard Zone: Fixed cost of $40.00 MXN.Extended Zone: Cost of $60.00 MXN (Beach, Port, remote areas).Our complete Shipping Policy details:
Specific coverage zones.Available delivery times and windows.The procedure to follow if the recipient is not at the address at the time of delivery.It is the Customer's responsibility to provide a complete, correct, and accessible address. We understand that punctuality is key. To know all the details and ensure a successful delivery, it is essential that you consult our full Shipping Policy.
8. Cancellations, Returns, and Refunds Policy
Because our Products are perishable food items made to order, our Cancellations and Returns Policy is strict to ensure quality and prevent waste.
Cancellations: You may request a cancellation and a full refund if you do so more than 48 hours before the scheduled delivery date and time. Cancellations with less notice may be subject to a partial refund or no refund at all.Returns: No returns of Products are accepted once delivered, except in cases of a serious error on our part (e.g., incorrect product) or an evident quality issue.Refunds: Any refund request due to dissatisfaction must be reported within the first 2 hours after receiving the product, accompanied by clear photographic evidence sent to hello@pumpumdesserts.com. An "evident quality issue" is understood as a product with an objective manufacturing defect (e.g., rancid taste, presence of a foreign object) or one that does not match the specifications of the confirmed order. After evaluating the case, Pumpum Desserts will determine, at its sole discretion, the most appropriate resolution, which may consist of a partial or full refund of the Product's value (always excluding shipping costs), a discount coupon, or the allocation of loyalty points for future purchases.9. Intellectual Property
All content included or made available through the Service, such as text, graphics, logos, images, recipes, and the website design, as well as the "Pumpum Desserts" brand, its logo, and any other distinctive signs, is the exclusive property of Pumpum Desserts and is protected by intellectual property laws. Its copy, reproduction, distribution, or use without our prior written consent is strictly prohibited.
10. User-Generated Content
If you post reviews, comments, or images ("User Content") on our Service or associated social media, you grant us a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, and display said content in connection with the promotion of our business. You represent and warrant that you own the rights to the content you post and that it does not violate any law or third-party rights.
11. Limitation of Liability
Our total liability for any claim arising from an order shall in no case exceed the total amount paid for said order. Pumpum Desserts is not liable for indirect, incidental, or consequential damages. We also do not guarantee the uninterrupted or error-free operation of the Service, especially when it depends on third-party platforms.
12. Electronic Communications
By providing us with your email address, you agree to receive transactional electronic communications (order confirmations, shipping notifications, etc.) from our official accounts (orders@, noreply@). To receive marketing and promotional communications, you must provide your explicit consent separately (for example, by subscribing to our newsletter).
13. Force Majeure
We will not be liable for any failure or delay in delivery resulting from causes beyond our reasonable control, including, but not limited to, natural disasters, pandemics, acts of terrorism, public utility failures, blockades, or disruptions in transportation routes.
14. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the United Mexican States. Any controversy arising from the interpretation or execution of these Terms will be submitted to the jurisdiction of the competent courts in the city of Tampico, Tamaulipas, with the parties waiving any other jurisdiction that might correspond to them due to their present or future domiciles or for any other reason.
15. Customer's Responsibility for the Product Post-Delivery
Once the Product has been successfully delivered to the Customer or the designated person at the delivery address, the responsibility for its integrity and preservation is completely transferred to the Customer. Pumpum Desserts provides fresh products that may require specific storage conditions (e.g., refrigeration). We are not responsible for the deterioration of the Product due to improper handling, storage, or exposure to inadequate environmental conditions (heat, humidity, direct sunlight) by the Customer after delivery.
16. Artisanal Nature of the Products
Our Products are made by hand. For this reason, slight variations in color, decoration, and final appearance may exist compared to the photographs shown on our website or social media. These variations are inherent to the manual process and enrich the uniqueness of each piece, and therefore will not be considered defects.
17. Severability
If any provision of these Terms and Conditions is declared null, invalid, or unenforceable by a competent court, the remaining provisions will retain their full force and effect.
18. No Waiver
The failure or delay by Pumpum Desserts in exercising any right or remedy under these Terms shall not constitute a waiver of such right or remedy.
19. Modifications to the Terms and Conditions
We reserve the right to modify, amend, or update these Terms and Conditions at any time and at our sole discretion. The most recent version will be published on our website and will take effect immediately. Registered users will be notified of significant changes. Your continued use of the Service after such modifications will constitute your acceptance of the new Terms.
20. Contact Information
If you have any questions about these Terms, you may contact us through the following official channels:
General Inquiries: hello@pumpumdesserts.comOrders and Logistics: orders@pumpumdesserts.comLegal / Privacy Issues: privacy@pumpumdesserts.comPhone: +52 833 151 8171 (WhatsApp Only)