1. Acceptance of Terms

By accessing or placing an order through soymichelero.com (the “Website”), through our authorized third-party marketplace listings (including Amazon, Faire, and TikTok Shop), or by interacting with our social media accounts on Instagram, Facebook, and TikTok (collectively, the “Channels”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please do not use the Channels or place any orders. These Terms apply to all visitors, customers, and users of the Channels.

When purchasing through third-party platforms such as Amazon, Faire, or TikTok Shop, you are also subject to those platforms’ own terms and conditions. In the event of a conflict, the platform’s terms govern the transaction process; however, these Terms apply to all matters not expressly governed by the platform, to the extent permitted by applicable law.

Soy Michelero LLC (“Company,” “we,” “our,” or “us”) reserves the right to update or modify these Terms at any time. For material changes, we will post the update on the Website. Continued use of any Channel following changes constitutes your acceptance of the revised Terms.

2. Company Information

Soy Michelero LLC is a limited liability company incorporated under the laws of the State of Texas, United States.

• Registered address: 801 Travis Street, Suite 2101, PMB 1092, Houston, TX 77002
• Contact email: servicios@soymichelero.com
• WhatsApp: +1 (713) 314-0911 (available Monday–Friday, 9:00 AM – 8:00 PM CT)

3. Products and Eligibility

Soy Michelero LLC sells food and beverage enhancement products including rimmer sauces, rimmer powders, drink mixers, and michelada mix for personal and commercial use. Our products may contain allergens; please review all product labels and ingredient information on each product page before purchasing or consuming.

Our products are sold exclusively to customers located within the United States, including all fifty (50) states and the District of Columbia. We do not ship internationally at this time.

By placing an order, you represent and warrant that: (a) you are at least 18 years of age; (b) you are a legal resident, citizen, or authorized commercial entity operating within the United States; (c) the information you provide is accurate, complete, and current; and (d) you are not prohibited by applicable law from purchasing or receiving our products. Persons under 18 are strictly prohibited from using our Channels for commercial purposes.

4. Pricing and Payment

All prices are listed in U.S. dollars (USD) and are subject to change without notice. Applicable sales tax is calculated at checkout based on your shipping address, in accordance with applicable state and local tax laws.

We accept payment via major credit and debit cards through Stripe and via PayPal. By submitting payment information, you authorize us to charge the total amount due, including applicable taxes and shipping fees. Orders placed through third-party platforms are subject to the payment terms of those platforms.

Orders may be cancelled within 2 hours of placement. After this period, cancellations will not be accepted and the order will be processed as placed. This does not affect your statutory rights under applicable consumer protection law.

5. Shipping and Delivery

We ship exclusively within the United States. Orders are typically processed within 1–3 business days. Delivery times vary by shipping zone and method. Estimated delivery windows are not guaranteed and may be affected by carrier delays, weather, supply chain disruptions, or other events outside our control.

If an order is delayed by more than 5 business days beyond the estimated delivery date due to reasons attributable to us or our logistics partners (and not due to a force majeure event), you may request a refund or replacement. Soy Michelero LLC is not responsible for delays caused by the carrier, incorrect customer-provided addresses, or force majeure events. Risk of loss and title pass to you upon delivery to the carrier.

Force Majeure: Neither party shall be liable for delays or failures to perform resulting from circumstances beyond their reasonable control, including acts of God, natural disasters, pandemics or public health emergencies, war, terrorism, government action, labor disputes, supply chain disruptions, failures of third-party carriers or service providers, or widespread communication outages. The affected party must notify the other within 5 business days of the qualifying event.

6. Returns and Refunds

We accept returns only for products confirmed to contain manufacturing defects or that arrive in materially damaged condition. To be eligible:

• You must notify us within 7 calendar days of receiving the merchandise via email at servicios@soymichelero.com or via WhatsApp at +1 (713) 314-0911.
• You must provide photographic or video evidence of the defect or damage.
• The product must be in its original packaging and, if opened, must retain more than 70% of its original contents.

Products with confirmed defects or damage will be replaced or refunded at our discretion; we will cover reasonable return shipping costs for verified defects. We do not accept returns for products damaged due to customer mishandling, improper storage, or buyer’s remorse. Dissatisfaction with taste or flavor profile does not constitute a defect.

For purchases through Amazon, Faire, TikTok Shop, or other third-party platforms, the return policies of those platforms govern. Nothing in this section limits your rights under the consumer protection laws of your state of residence.

7. Order Modification

Customers who wish to modify an order (flavor, quantity, or shipping address) must notify us within 2 hours of placing the order. We will make commercially reasonable efforts to accommodate modifications received after this window but before shipment; however, such modifications cannot be guaranteed. If a modification is requested after the 2-hour window and the product has already been prepared for shipment, the customer may be responsible for additional shipping costs. Modifications to orders placed through third-party platforms must be requested through those platforms.

8. Food Safety, Allergens, and Regulatory Compliance

Our products are manufactured in compliance with applicable U.S. federal and state food safety standards, including those set forth by the U.S. Food and Drug Administration (FDA), and are produced in facilities that follow applicable Current Good Manufacturing Practices (cGMP) as set forth in 21 C.F.R. Part 110. Product ingredient and allergen information is disclosed on product packaging and on our Website in compliance with applicable FDA labeling requirements (21 C.F.R. Part 101).

Soy Michelero LLC makes no representations regarding the suitability of its products for individuals with specific food allergies, dietary restrictions, or medical conditions. Customers are solely responsible for reviewing ingredient labels and determining suitability prior to purchase and consumption. Consumers with known food allergies are strongly encouraged to contact us before ordering.

Our products are not intended to diagnose, treat, cure, or prevent any disease or health condition.

9. Intellectual Property

All content associated with the Company and its Channels — including logos, product names, images, text, graphics, videos, social media content, the “Soy Michelero” brand, and the “Micheleitor” character — is the exclusive property of Soy Michelero LLC and is protected under applicable U.S. intellectual property laws, including the Lanham Act, the Copyright Act (17 U.S.C. § 101 et seq.), and applicable trade secret laws. Unauthorized reproduction, distribution, modification, public display, or commercial use of any Company content is strictly prohibited.

DMCA Notice: To report alleged copyright infringement on our Website, send a written notice to servicios@soymichelero.com (Subject: “DMCA Takedown Notice”) including: (a) identification of the copyrighted work; (b) location of the allegedly infringing material on our Website; (c) your contact information; (d) a good-faith belief statement; (e) a statement under penalty of perjury that the information is accurate and that you are authorized to act; and (f) your physical or electronic signature.

User-Generated Content: By posting, tagging, or sharing content referencing Soy Michelero LLC on any public platform, you grant us a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute such content for marketing purposes, with attribution. You represent that you own all rights to any content you share.

10. Social Media and Digital Content

Soy Michelero LLC maintains active accounts on Instagram, Facebook, and TikTok, among other platforms. Our social media content, promotions, and advertising comply with the FTC Guides Concerning Endorsements and Testimonials (16 C.F.R. Part 255); paid or gifted partnerships are disclosed as required by law. Our TikTok content complies with TikTok Community Guidelines, including restrictions applicable to beverage-related content.

When participating in any social media promotion, giveaway, or contest associated with Soy Michelero LLC, you are also subject to the specific contest rules posted at the time of each promotion.

11. Electronic Communications

By providing your contact information — including email address or phone number (including WhatsApp) — you consent to receive transactional communications regarding your orders.

If you opt in to receive promotional communications, you consent to receive marketing messages via email, SMS, or messaging platforms. You may opt out at any time by: (a) clicking the “Unsubscribe” link in any promotional email; (b) replying “STOP” to any SMS or WhatsApp message; or (c) contacting us at servicios@soymichelero.com.

We comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227). Our commercial email communications include our physical mailing address and a clear opt-out mechanism. Message and data rates may apply for SMS/WhatsApp communications. Your consent to receive promotional communications is not a condition of purchase.

12. Indemnification

You agree to defend, indemnify, and hold harmless Soy Michelero LLC, its members, managers, employees, agents, and representatives from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from: (a) your use of the Channels; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any content you submit, post, or share through our Channels or that references our brand without authorization.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Soy Michelero LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Channels or purchase of our products, including but not limited to loss of revenue, loss of data, or personal injury resulting from improper use. Our total liability for any claim arising from a transaction shall not exceed the purchase price paid for the specific product giving rise to such claim. Some states do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

14. Disclaimer of Warranties

The Channels and all products are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by applicable law. Some states do not allow the exclusion of implied warranties; this disclaimer may not apply to you.

15. Dispute Resolution and Governing Law

Governing Law: These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws provisions. Nothing in this section limits your rights under the mandatory consumer protection laws of your state of residence.

Informal Resolution: Before initiating any formal proceeding, both parties agree to attempt in good faith to resolve any dispute through direct negotiation for 30 days from the date the dispute is first raised in writing.

Binding Arbitration: If a dispute cannot be resolved informally, and except for claims qualifying for small claims court, both parties agree that any dispute shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Harris County, Texas or via video conference.

CLASS ACTION WAIVER: YOU AND SOY MICHELERO LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

Small Claims: Either party may bring an individual claim in the small claims court where you reside, provided the claim qualifies under that court’s requirements.

16. Accessibility

Soy Michelero LLC is committed to making its Website accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA) and applicable state accessibility laws. We strive to conform to WCAG 2.1 Level AA. If you experience difficulty accessing our Website, please contact us at servicios@soymichelero.com.

17. Contact Us

• Email: servicios@soymichelero.com
• WhatsApp: +1 (713) 314-0911
• Address: Soy Michelero LLC, 801 Travis Street, Suite 2101, PMB 1092, Houston, TX 77002