Last Updated: April 2024

Terms and Conditions

PLEASE TAKE A FEW MINUTES TO REVIEW THESE TERMS AND CONDITIONS (“TERMS”). THESE TERMS APPLY TO YOUR ACCESS AND USE OF THE DECO LISTO WEBSITE, ALL OTHER WEBSITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS, AND OTHER TOOLS WHERE THESE TERMS APPEAR OR ARE OTHERWISE REFERENCED, OR WHERE NO SEPARATE TERMS ARE PROVIDED, AS WELL AS TO YOUR VISITS OR INTERACTIONS WITH US AT ANY OF OUR STORES OR ANY OTHER LOCATION (COLLECTIVELY, THE “SITE”).

Who We Are

The headquarters of Deco Listo (“We,” “Us,” “Our,” “Company,” “Website”) is located in El Tezal, Baja California Sur, Mexico. If you have any questions about these Terms, the Privacy Policy, or the Site, you can contact us through the Customer Service information provided on the Site.

We are a company registered in Mexico and governed by the laws of Mexico and the State of Baja California Sur. We reserve the right to update or modify these Terms at any time by providing notice in writing to the last provided address, by email, through posting on the Site, or by any other reasonable means at our sole discretion. We also reserve the right to modify or update our Privacy Policy in the same manner.

These Terms and Conditions May Change

From time to time, we may present you with additional terms and conditions for specific services, programs, or products (“Additional Terms”). In the event of a conflict or inconsistency between these Additional Terms and these Terms, including any arbitration or dispute resolution provisions, these Terms shall prevail.

Eligibility

You must be at least 13 years old to use the Site or our mobile applications. If you are a minor in your state of residence, your parent or legal guardian must accept these Terms and Conditions on your behalf, and you may only access and use the Site and our mobile applications with their permission.

Your Account

You may be required to register with us to access certain services or areas of the Site. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only, and you are responsible for maintaining the confidentiality of your account information (including your password) and restricting access to your account. You accept responsibility for all activities that occur under your account or password. In addition to all other available rights, we reserve the right, at our sole discretion, to cancel your account, deny service, or cancel orders.

Returns, Refunds, or Exchanges

As all our products are handmade to your specifications, all sales are final once your order is placed. Changes may be made before shipment but may incur additional charges. Applicable charges will be at Deco Listo’s discretion but will be limited to the cost of materials, labor, or manufacturer restocking. Each situation will vary.

Quality Assurance

We strive to ensure your satisfaction. Every item undergoes a thorough inspection before final delivery and again upon completion of delivery. If any damage is identified during this process, we will repair or replace the damaged item to ensure it arrives in perfect condition.

Defective or Damaged Merchandise

If you receive a defective or damaged product upon delivery, contact our Customer Service team within 48 hours of receiving your order. We will work diligently to resolve the issue and ensure your satisfaction. You can reach the Customer Service team at [email protected].

Please note that all terms described in our Delivery Policy apply to any claims related to defective or damaged merchandise.

Delivery Policy

All terms described in our Delivery Policy apply.

Changes to an order

We understand that changes may be necessary. However, because our products are made to order, the turnaround time for changes varies depending on how quickly your order goes into production. To request changes to your order, fabric colors, wood finishes, etc., please contact customer service immediately to avoid additional costs and delays.

Cancellation and change fees

When you place an order, our manufacturing partners order materials and schedule employees. If you need to cancel your order after it has been processed but before manufacturing begins, please contact [email protected] urgently. You will receive a store credit equal to the purchase price, less any costs incurred by DecoListo at our sole discretion. If you need to make changes to your order after processing but before manufacturing begins, a change fee may apply based on the difference in material cost and any restocking fees.

If you have any questions or concerns about our return policy, order changes, or cancellations, please feel free to reach out to our customer service team at [email protected] . We are here to help!

Trademarks

The Company name, the Company logo, “Smart Bundles”, “Smart Bundles” and all related names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company’s prior written permission. All other names, logos, product and service names, designs and slogans on this website are trademarks of their respective owners.

Intellectual property

The Site, including all of its information and content, such as photographs, images, text, data, wallpapers, icons, characters, illustrations, graphics, page layout, form, use of sound, messages, software and the code used to generate the pages of the Site (collectively, the “Materials”), is the property of Deco Listo or our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in Mexico, the United States and/or abroad. Our intellectual property is registered internationally. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without our specific prior written permission. We are the owner and/or authorized user of the Deco Listo trademark, as well as any other registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and the owner or licensee of the copyright in the Materials on the Site, unless otherwise indicated. You may not use any meta tags or any other “hidden text” utilizing any of Our names or trademarks without Our express written consent.

Use of the Site

We grant you a personal, limited, non-exclusive, non-transferable license to access and make personal use of the Site and the Materials and other information contained therein. This license does not include, and we expressly prohibit, any resale or commercial use of the Site; any collection or commercial use of photographs or other Materials posted on the Site; any non-personal use of our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Materials for the benefit of any third party; or any use of data mining, robots, data gathering and extraction tools, whether automatic or manual, or other means not intentionally made available by us, including the development or improvement of any software program, algorithm, or machine learning or artificial intelligence model. We reserve the right to take steps to prevent such activity. You may use the Site only as permitted by law and these Terms. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses we grant to you will terminate automatically if you fail to comply with these Terms.

You are responsible for your use of the Site and any use of the Site through your account. Our goal is to create a positive, helpful, and safe user experience. To further this goal, we prohibit certain types of conduct that may be harmful to other users or to us.

When using the Site, you may not:

• violate any law or regulation;
• violate, infringe or misappropriate the intellectual property, privacy, publicity or other legal rights of others;
• post or share anything that is unlawful, abusive, harassing, damaging to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
• engage in tracking or data harvesting, or engage in the use of software, including spyware, designed to collect data from the Site or mobile applications;
• transmit any viruses or other computer instructions or technological means whose purpose is to interrupt, damage or interfere with the use of computers or related systems;
• use any means to scrape or crawl any page contained on the Site;
• attempt to circumvent any technological measures implemented by us or any of our providers or any other third party (including another user) to protect the Site;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software or other underlying code used to provide the Site; or
• advocate, encourage or assist any third party to perform any of the above actions.

User Content

The Site may allow you to upload, submit, store, send or receive content and data such as comments, reviews and photos (“User Content”). You may also submit User Content in other ways that you interact with us, such as through social media, by email, by phone and in other ways. You retain ownership of any intellectual property rights you hold in that User Content.

When you upload, post, send or receive any User Content on or through the Site, you grant us permission to reproduce and use your User Content as follows: You grant us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations or other changes we make so that User Content works better with the Site), publicly perform, publicly display and distribute your User Content. This license is for the purpose of operating and improving the Site, developing new products and services and for other Deco Listo marketing purposes, including but not limited to catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Deco Listo or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their own purposes. This license is fully paid and royalty-free, meaning we owe you nothing further in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world.

Finally, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.

You promise that:

• you own all rights to your User Content or, alternatively, you have the right to grant us the rights described above;
• Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party; and
• We may refuse to accept or transmit User Content for any reason, with or without notice. We may remove User Content from the Site for any reason, with or without notice.

Open source

The Site may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.

Hyperlinks to other sites

To the extent our Site contains hyperlinks to external services and resources, the availability and content of which Deco Listo does not control, any concerns regarding such services or resources, or any hyperlinks to them, should be directed to the particular external service or resource.

Disclaimer

THIS SITE AND ALL CONTENT AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY USING THIS SITE, THAT YOUR USE IS AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT DECO LISTO AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (“AFFILIATES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DECO LISTO AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DECO LISTO AND ITS AFFILIATES WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY USER PERSONAL INFORMATION OR DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED VIA THE SITE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DECO LISTO OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT LOSS OF PROFITS, REVENUE, OR DATA) ARISING OUT OF OR RELATED TO THE SITE OR MOBILE APPLICATIONS, REGARDLESS OF CAUSE AND UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY ARISING (INCLUDING ANY CONTRACT, NEGLIGENCE, OR OTHER THEORY OF TORT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we are unable, as a matter of applicable law, to disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by such law.

Product price information

Prices displayed on our Site may differ from prices available in stores or catalogs. Because Deco Listo is a “Made in Mexico” company, prices will be displayed in Mexican Pesos. All purchases and returns will be processed in Mexican Pesos. The User understands that conversion rates to other currencies may change over time.

For full-priced products, the “Suggested Price” or “Suggested Price” refers to the manufacturer’s suggested retail price. The “Regular Price” refers to the everyday selling price we offer to our customers. For sale products, the “Suggested Price” or “Suggested Price” refers to the most recent selling price. “Sale” refers to the reduced price we offer to our customers.

Special offers

Occasionally we will offer special promotions to our customers which we call “special offers” or “hot deals.” This may include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with the purchase of a product. These offers may be for a limited time only. Additionally, products marked “exclusive” or “only at Deco Listo” may refer only to certain colors, sizes, finishes, and/or versions of a product.

Messages you may receive

You may receive a Deco Ready alert when:

• You are welcome to Deco Listo
• An order has been placed
• An order is ready to schedule delivery.
• An order attempt is in process or has been placed
• An order has been delivered
• An article (or articles) have been sent
• There are general marketing messages or promotions.

Disclaimer for inaccuracy

From time to time there may be information on our Site or in our catalog that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. Deco Listo reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to proceed with your purchase after pricing or other information has been corrected, please contact [email protected] promptly and we will work with you to cancel your order.

Browsing session information

We use technologies that maintain records of your browsing session, chats, and other activities on our Site. These technologies may include session replay that maintains a record of your interactions with our Site, chat providers that maintain a transcript of your chats, cookies, pixels, and other tracking technologies that share some of your interactions with our Site, as well as other technologies that collect and share your interactions with our Site. We use this information for quality control, customer service, fraud and security prevention, and marketing purposes and in accordance with our Privacy Policy .

Compensation

To the maximum extent permitted by applicable law, you agree to indemnify and hold Deco Listo and its Affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising out of or related to any actual or alleged breach of these Terms by you or any person using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Informal dispute resolution

We attempt to resolve any dispute without the need to initiate a formal legal process. You agree that before submitting any dispute or claim to arbitration for resolution, You and We agree to make a good faith effort to resolve the dispute informally, including by having at least one telephone or video conference conversation between You, in person, and Us. To initiate this good faith effort to resolve a dispute informally, You agree to notify Us by email at [email protected] . Please include in your email message the nature of the dispute, the basis for your claims, and the resolution you seek, including any monetary amount, with as much detail as You can provide so that We may sufficiently understand the dispute.

Within sixty (60) days of receipt of this notice, you agree to make good faith efforts to resolve the dispute, including by personally participating in a telephone call or video conference with us. You may have an attorney accompany you on the call if you wish. If the dispute is not resolved within sixty (60) days (this period may be extended by agreement of the parties), you or we may commence arbitration to resolve the dispute pursuant to the process set forth below.

Compliance with and completion of this informal dispute resolution process is a condition precedent to initiating arbitration. You and we agree to waive any applicable statute of limitations and filing fee payment periods while the parties engage in this informal dispute resolution process as of the date we receive your notice. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, including the power to enjoin the filing or prosecution of a demand for arbitration.

Arbitration Agreement and Waiver of Certain Rights

You and Deco Listo agree that, except as set forth below, we will resolve any controversy, claim, counterclaim or other dispute between you and Deco Listo or you and a third-party agent of Deco Listo (a “Claim”) by final and binding arbitration in the State of Baja California Sur, Mexico, rather than through court proceedings.

This arbitration agreement applies to any existing or future Claims that you have not individually asserted in a court of law or in arbitration prior to the date you agreed to these Terms. The arbitrator’s decision in such arbitration shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings shall be kept confidential and that the existence of the proceeding and any elements thereof (including, without limitation, pleadings, writings or other documents submitted or exchanged and any testimony or other oral submissions and awards) shall not be disclosed beyond the arbitration proceedings except as may be legally required in court proceedings relating to the arbitration, under applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.