Legal
Terms & Conditions
Last updated: September 4, 2026
This is a courtesy translation. The Spanish version is authoritative (source language).
These are the terms currently used within the OMDS Client Portal booking contract, published here for transparency ahead of a final legal review. They govern any Event booked through OMDS. If anything here is unclear, contact us before booking at info@ohmydessertsmx.com.
1. Provider Identification & Legal Compliance
- These terms and conditions govern the live dessert and snack catering services provided by Oh! My Desserts & Snacks (DBA), legally operated by Carlos Alejandro Denaro, under the tax regimen of Personas Físicas con Actividades Empresariales y Profesionales.
- RFC: DECA810302F65
- Business Address: Privada Palmilla, Gran Santa Fe III, SMZ 324, MZ 2, Lote 30, Cancún, Quintana Roo, México
- Contact: info@ohmydessertsmx.com | +52 (998) 221-7621
- Our commercial practices strictly comply with the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) regulated by PROFECO.
2. Parties & Services
- By booking our services through our platform, you (“the Client”) agree to retain Oh! My Desserts & Snacks for the event date, time, and location specified in your approved quote and portal summary.
3. Pricing & Currency Logic
- All package prices are quoted primarily in Mexican Pesos (MXN), with US Dollar (USD) reference values shown for convenience only.
- Digital invoice payments processed through the client portal use the official FIX exchange rate published by Banco de México on the exact calendar date of the transaction. Due to market fluctuations, the final USD equivalent may vary.
- SAT Invoicing (Factura): If a tax invoice (factura electrónica) is required, the Client must request it within the same calendar month the payment is executed and provide a valid Constancia de Situación Fiscal, in accordance with SAT guidelines.
4. Advance Payment (Anticipo) & Payment Schedules
- Advance Payment: An initial partial payment toward the total price (hereinafter the “Advance Payment”) of forty percent (40%) is required immediately upon contract execution to secure your event date.
- Payment Tracks: You may choose to pay in full within 3 days of booking or use the Two-Payment Track (40% advance payment upfront, with the remaining 60% balance due automatically 15 days prior to the event). Bookings made within 15 days of the event require 100% payment immediately.
5. Guest Count & Adjustments
- Final guest counts must be locked in via the portal no later than fifteen (15) days before the event. If missed, the original estimated count applies, and you assume liability for any food shortages.
- Guest count reductions cannot exceed ten percent (10%) of the original estimate. Any unregistered attendees consuming catering on-site will be billed post-event at $100.00 MXN per person.
6. Cancellations, Date Changes, & Contractual Penalty (Pena Convencional)
- Client Cancellations & Penalty: In the event of cancellation by the Client, both parties agree that retained portions of the Advance Payment or partial payments shall act as a contractual penalty (pena convencional) for breach:
- Cancellation over 30 days prior: Only the 40% Advance Payment is forfeited; remaining funds are refunded.
- Cancellation between 15 and 30 days prior: 70% of the total price is forfeited.
- Cancellation under 15 days prior: 100% of the total price is forfeited due to perishable food procurement.
- Date Changes: Rescheduling requests are subject to our operational availability and seasonal pricing adjustments. If we cannot accommodate the new date, it is treated as a client cancellation.
7. Event Logistics, Leftovers, & Overtime
- Leftovers: We reserve the right to safely discard, donate, or retain any leftover food remaining after the contracted service conclusion time due to local food safety regulations.
- Overtime: If the event runs past the agreed end time due to client delays, overtime is billed at $1,000.00 MXN per hour in 15-minute increments.
8. Force Majeure & Limitation of Liability
- We are not liable for service failures caused by acts of God, force majeure, extreme weather events (including Quintana Roo hurricanes, tropical storms, or flash flooding), power failures, or government-ordered closures. In verified force majeure events, rescheduling or appropriate refunds will be managed in accordance with applicable consumer laws.
- Outside of Force Majeure, our maximum liability is strictly limited to total monetary amounts successfully paid by the Client through the platform.
9. Platform Scope & Access Domains
- These terms apply to the public website, the Client Portal (portal.ohmydessertsmx.com), and the CRM platform (webapp.ohmydessertsmx.com). Users are strictly responsible for protecting their account login credentials and preventing unauthorized use.
10. Governing Law & Electronic Signatures
- These terms are governed by the laws of the State of Quintana Roo and federal laws of Mexico, under the exclusive jurisdiction of competent local courts and PROFECO mediation.
- Per Article 89 bis of the Mexican Commercial Code (Código de Comercio), clicking “I Accept” or executing a digital signature via our portal constitutes a legally binding electronic signature with the same validity as a handwritten signature.
