Terms and conditions
The use of the Website, and their respective subdomains, implies the express and complete knowledge and acceptance of these Terms and Conditions. The user who does not agree with these Terms and Conditions has the full right not to use the Website. However, the use of the Website, and their respective subdomains, fully demonstrates the full, complete and unconditional acceptance of the following Terms and Conditions.
1. Object. These Terms and Conditions regulate the relationship between the User and UNION TEMPORAL COLECTIVO EMERGENTE with respect to access and use by the User of the Website. The User, upon accessing the Website, and any of its respective subdomains, through any modality or medium known or by knowing and / or accepting the Terms and Conditions, is bound by them.
The latest version of these Terms and Conditions may be consulted whenever desired on the Website. If the User decides not to accept these current Terms and Conditions must refrain from accessing the Website and / or use the content and / or services available therein. For the purposes of these Terms and Conditions shall be understood as Website: (a) the external appearance (or "look and feel") of the screen interfaces, both statically and dynamically; (b) the elements integrated both in the screen interfaces and in the navigation tree, including all those creations and objects expressed by any means or support, currently known or to be invented in the future whether or not they are protected by the ordering legal in force in the matter of intellectual, industrial property or by any other analogous legal systems and all those services or online resources that in their case offer to the Users.
1.1. Users: You can use the Website, natural or legal persons who access the Website to use the services offered there.
2. Scope of the Terms and Conditions. These Terms and Conditions govern in full and completely the use of the Website, and their respective subdomains, therefore, by clicking on the ACCEPT window or using the Website, you express your understanding and full and complete acceptance of these Terms and Conditions, as well as the guidelines, rules, notices and other conditions and additional terms published on the Website, which are an integral part of these Terms and Conditions.
3. Contractual Relationship These Terms and Conditions and the information contained in the Website, does not constitute any type of sale offer, but an invitation to the User to do business with Emerging Collective Temporary Union. There will be no contract between the User and Emerging Collective Temporary Union, in relation to the products offered, until the order of the product has been expressly accepted by Emerging Collective Temporary Union. If the purchase offer is not accepted and the User has already been charged, the amount thereof must be fully reimbursed.
4. Purchase of Products on the Website. To place an order, you must follow the purchase procedure on the Website. Once this is done, the User will receive an email as a support that their order has been received ("Order Confirmation"). The Order Confirmation does not mean that the order has been accepted by Emerging Collective Temporary Union. All orders are subject to express acceptance by Inversiones Temporal Colectivo Emergente, which manifests itself once it is confirmed that the product is being sent to the User ("Confirmation of Delivery"). The contract for the purchase of a product between Emerging Collective Temporary Union and the User will be formalized only when the Confirmation of Submission is sent. Only those products related to the Shipping Confirmation will be the object of the Contract. Emerging Collective Temporary Union shall not be obliged to supply / dispatch / send or deliver any other product that is not related in the respective Confirmation of Submission.
5. Availability of Products on the Website. The User knows and accepts that the contents of the Website have a primarily promotional and advertising purpose of the brands that are part of Casa Précis and the products that are marketed in their stores. All descriptions of products, information and materials that appear on the Website are provided as a true body and without express or implied warranties on them. To the extent possible, as permitted by the Law, Emerging Collective Temporary Union excludes all guarantees, leaving only those guarantees that must be legally recognized to consumers. All product orders are subject to their availability and, in this sense, if there are difficulties with regard to their supply, or if there are no products in stock, Temporary Union Collective Emergent reserves the right to inform the User about Substitute products of equal and superior quality and value, so that the User can choose. If you do not wish to place an order for these substitute products, Emerging Collective Temporary Union will reimburse any amount paid, with deduction of the respective financial to which it may arise.
6. Processing of Orders Temporary Union Collective Emergent reserves the right to withdraw any Product from the Website at any time and / or remove or modify any material or content thereof. Although, Emerging Collective Temporary Union, will do its best to process the largest number of orders, there may be exceptional circumstances that force them to refuse the processing of an order even after having sent the Order Confirmation. Emerging Collective Temporary Union will not be responsible to the User, or any third party, for removing any product from the Website, as well as for removing or modifying any material or content of the website.
7. Withdrawal of Purchase by the User. The User may cancel their purchase at any time within a period of 15 calendar days from the confirmation of delivery of your order and before it is delivered. In this case, you will be reimbursed 50% of the amount paid. The present withdrawal will only be applicable for the reimbursement if the products are returned in the same conditions in which they were delivered to the User. Including all instructions, documents and packaging of the product (s). The refund will not be applicable if the product has been used or if it has suffered any type of damage or alteration. This provision does not affect the rights recognized to the User in the Law.
8. Delivery of the Product to the User Temporary Union Collective Emergent is obliged to deliver the product / s related in the Confirmation of Delivery before the delivery date that appears in the Confirmation of Shipment. In case of not establishing a delivery date of the product / s in the Delivery Confirmation, Emerging Collective Temporary Union will have a maximum period of 15 working days to make the delivery from the date of issue of the Delivery Confirmation. If, for any reason, the Emerging Collective Temporary Union can not comply with the delivery date, this will be informed to the User and the option of coordinating a new delivery date or canceling the order with the full refund of the price paid will be presented. Deliveries will be made only on business days.
9. Price. The price of the products will be that stipulated on the Website. In case of an error in the price established on the Website and the actual price of the product, Emerging Collective Temporary Union will immediately inform the User. If Emerging Collective Temporary Union fails to communicate with the User, it will be understood that the order was canceled and must reimburse the entire price paid. The prices of the Website include VAT, however, they do not include the respective shipping costs. The shipping costs will be calculated once the shipping address of the product is established. Emerging Collective Temporary Union may change the prices of products at any time. The changes will not affect those orders that have already been confirmed for shipment.
10. Value added tax. In accordance with current regulations, any purchase made through the website will be subject to Value Added Tax (VAT) of 19%, in cases where applicable.
12. Modifications. Emerging Collective Temporary Union may modify these Terms and Conditions at any time and notify the User thereof, through the email registered by the User directly on the Website, or other effective means. The User must accept these changes when entering the Website in order to continue using the Website in accordance with the new terms and conditions.
13. Updates. Emerging Collective Temporary Union is not obligated to provide updates or improvements to the Website. However, if Emerging Collective Temporary Union, in its sole discretion, updates, changes, decreases or improves the Website, these Terms and Conditions will apply to such updates, changes, decreases, improvements, etc., unless otherwise indicated otherwise explicitly. For this purpose, Emerging Collective Temporary Union will notify the User about updates, changes, decreases, improvements, etc., and this must give its acceptance if you want to continue using the Website.
14. Software. The User directly or through a third party may not use any software, service or application that modifies, closes, restricts, or redirects, or attempts to modify, close, restrict or redirect the Website. The User will not access the Website using automated means (such as harvesting bots, robots, spiders or scrapers), nor may he allow a third party to access and / or use the Website in his name or on his behalf through an automated process such as , for example, robots or web crawlers or periodic storage of the information contained in the Website. The User agrees to be the only responsible (against Emerging Collective Temporary Union and third parties) of all the activity that he / she carries out on the Website with his / her username, and will keep the Emerging Collective Temporary Union, its employees, shareholders, partners, subsidiaries, undamaged. , representatives, distributors, contractors and / or service providers, etc., (hereinafter the "Indemnifiable Parties") for this concept. The User may not use any software or hardware that reduces the number of users who access or use the Website.
15. Intellectual Property. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, grant licenses, store, create derivative works, disclose, assign, sell and in general use commercially any information, software, products or services that are part of of the Website. All the content of the Website, including but not limited to photographs, texts, drawings, trademarks, music, software, technical developments, designs, images and in general all well protected by the right of intellectual property, the right of image and / or the right of the domains (the "Materials") that are provided to be viewed, used or downloaded through the Website, belong to and belong to the Emerging Collective Temporary Union or to third parties that have authorized it to include them on the Website . The User declares that he / she knows and accepts that he / she does not have or will have any rights over the Materials and that the use he / she makes of them must always be a private non-commercial use, that does not violate the honest uses in the matter of intellectual property law.
The User may not reproduce, disassemble, decompile and / or use reverse engineering techniques on the Website, the Materials or in the software of the Website and / or the Materials. All Materials are protected by laws and provisions of international treaties on intellectual property law. Through these terms and conditions, the User is clearly and directly informed that the Materials are protected by national and international regulations on intellectual property law, so the User accepts that any use he makes of the Materials outside of the honorable uses in the matter of right of intellectual property is a use of bad faith, with the manifest intention of harming Emerging Collective Temporary Union or a third party and obtain a profit for himself or for a third party for it.
If the User infringes the intellectual property rights of another person, or if Emerging Collective Temporary Union receives information about a possible infringement of rights of third parties, Emerging Collective Temporary Union will be entitled to delete the information of the offending User immediately and pursue compensation for the damages caused to Inversiones Pribe as a result of the infringement. The User is solely responsible for the content that you upload or use on the Website.
16. User's responsibility. Temporary Union Collective Emergent will make its best efforts to make the Website a safe site, but can not guarantee it. The security of the Website is also the responsibility of the User, which implies the following commitments:
(i) Not send, or publish in any way, unauthorized commercial communications (such as spam) on the Website;
(ii) Do not collect content or information from other users, or access the Website in any other way, using automatic means (such as harvesting bots, robots, spiders or scrapers) without our permission.
(iii) Not participate in the Website in illegal multilevel marketing, such as pyramid type;
(iv) Do not load viruses or malicious code of any kind.
(v) Do not request information from other users or access the information of another user.
(vi) Do not disturb, intimidate or harass any User.
(vii) Not publish content that is hurtful, intimidating or pornographic, that incites violence or that contains nudity or graphic or unjustified violence.
(viii) Not to use the Website for illicit, deceptive, malicious or discriminatory acts.
(ix) Do not take any action that could disable, overburden or affect the proper functioning of the Website, such as a denial of service attack.
(x) Not facilitate or encourage the violation of these terms and conditions.
Likewise, as a condition for the use of the Website, the User (i) will not use the services for any illegal purpose, which is prohibited by current regulations, honest uses and / or the terms and conditions, or that threatens the honor and good name of the Indemnitable Parties or third parties; (ii) you can not use the Website in any way that could damage, disable, overburden, reduce and in general modify the capacity of the Website or interfere in the use and enjoyment of it by third parties; (iii) you can not circumvent, deactivate or manipulate in any other way, or attempt to circumvent, deactivate or manipulate the security features of the Website, or alter or modify any part of the Website; (iv) you can not attempt to obtain unauthorized access to any account and / or information of third parties, or interfere or manipulate in any way the accounts, computer systems or networks related to the Website; (v) you can not obtain or attempt to obtain any material or information from the Website and / or Emerging Collective Temporary Union by any means that have not been provided or made available intentionally through the Website; (vi) can not offer services for commercial purposes to third parties nor is it entitled to receive any amount from third parties for the use of the Website, either directly or indirectly, without the express written consent of Emerging Collective Temporary Union;
(vii) is fully and exclusively responsible for the use you make of the Web Page and will keep the Indemnified Parties indemnified for this concept;
(viii) guarantees that all the information that you send, incorporate and / or express in the use of the Website is true and accurate and that it does not hide or alter information of any kind. If the User fails to comply with the terms of these Terms and Conditions, in any way puts Emergent Collective Temporary Union at risk or exposes it legally, Emerging Collective Temporary Union may block or restrict the User's access to the Website.
17. Uses of the Website. Accepted the present Terms and Conditions, the User can not use the Website to advertise or offers to buy or sell products or services, or to run a business or develop a business activity or commercial exploitation of any kind without explicit consent , written and previous of Emerging Collective Temporary Union.
The User will not (i) use the Website in surveys, contests, pyramid schemes, message chains, spam, mass mail or in any repetitive message, widely distributed or not; (ii) defames, abuses, harasses, spies, threatens or otherwise infringes the legal rights of other persons (such as the right to privacy) using the Website; (iii) create a false identity in order to mislead other users or a Emerging Collective Temporary Union; (iv) publish, transfer, distribute, or disclose on the Website any subject, name, information or material that is inappropriate, irreverent, defamatory, obscene, indecent, intimidating, illegal or that incites violence; (v) transfer, provide sequences or otherwise provide files or other material containing images, photographs, software or other material protected by intellectual property rights, the right to privacy or image, unless you have the ownership or control of the corresponding rights or has received all the necessary consents to proceed in such manner; (vi) use any material, works or information, including images, texts and photographs, that are provided through the Website in any way that infringes the rights of third parties; (vii) will transfer, offer sequences or otherwise provide files or other material containing viruses, "Trojans", "worms", time bombs, deletion programs, damaged files or any other similar software or program that may impair performance of the equipment of third parties, those of Temporary Collective Union Emergent and / or the Compensable Parties; (viii) will violate any code of conduct or any guideline that is applicable to the Website; (ix) use the Website to collect or collect in any form information about third parties, including email addresses.
Emerging Collective Temporary Union reserves the right to remove the information published on the Website by the User when it deems it necessary, without prior notice, and will not be responsible for the loss of said information in case the User does not have a copy of the same. Emerging Collective Temporary Union respects the rules and rights of third parties and invites and requires Users to do so as well. Therefore, no User may upload to the Website or use on the Website material or property protected by intellectual property rights with respect to which it is not the owner or licensee authorized for its use. Any unauthorized use, in the opinion of the Emerging Collective Temporary Union, will allow the Emerging Collective Temporary Union to withdraw the User from the Website and cancel the username and password. The User may notify the Emerging Collective Temporary Union by emailing [email protected] if he / she becomes aware that any material on the Website infringes his intellectual property rights or those of a third party.
18. Supervision. By accepting the Terms and Conditions of the Website, the User authorizes Emerging Collective Temporary Union to supervise and / or record at any time communications, data transfers, file exchanges, browsing process, etc. in order to verify compliance with the terms and conditions and in particular for the purpose of (i) guaranteeing the User's compliance with the Terms and Conditions; (ii) comply with the law and applicable legal procedures; or (iii) protect the rights, property and interests of the Emerging Collective Temporary Union, the Compensable Parties and / or the general public; and / or (iv) supervise the provision of services. Emerging Collective Temporary Union also reserves the right to modify, refuse to transfer or withdraw any information or material, in whole or in part, at the sole discretion of the Emerging Collective Temporary Union, including all the services and the Website. , without prior notice to the User. The closure of the Website by Emerging Collective Temporary Union will be made at the sole discretion of Emerging Collective Temporary Union and will not generate the payment of commission, price, compensation, penalty clause, fee, bonus, compensation or in general any payment for the User.
19. User Information Management.
12.1. By accepting these Terms and Conditions, the User authorizes Emerging Collective Temporary Union to collect, store, process, update and use the personal information of the User consisting of: name, surname, physical address, email, for the database of Emerging Collective Temporary Union. Emerging Collective Temporary Union will not share any personal information with third parties for marketing purposes of third parties, or for fraudulent purposes or that contravene the applicable regulations on protection of personal data in Colombia.
12.2. Users must provide their personal information (name, surnames, physical address, email) in the means that Emergent Colective Temporary Union determines, in an exact, accurate and true manner (the "Personal Data") and assume the commitment to update the Data. Personal as necessary. The Users declare and guarantee that the Personal Data is accurate, true, current and authentic.
20. Exemption from Liability. Emerging Collective Temporary Union provides the User with the Website "as is", "with all the defects" and "as is available", and the User assumes all risks related to their use. Emerging Collective Temporary Union and / or the Indemnitable Parties are not responsible for the use that the User intends or gives to the Website. Emerging Collective Temporary Union, will not be responsible for the information provided by the User on the Website, the User is directly responsible for the information.
Emerging Collective Temporary Union is not obliged to provide access to the Website in a secure manner and is free from interruptions or errors, nor is it obliged to correct the defects in the functioning or functionalities of any software provided to the User. Emerging Collective Temporary Union may modify the Website or the functions at any time, in any way and for any reason. In no case shall the Indemnifiable Parties (where Emerging Collective Temporary Union is included) be responsible for any direct and / or indirect damage based or resulting from the use of the Website by the User. If the User is not satisfied with any part of the Website or with any of the conditions of use set forth in the Terms and Conditions, his sole and exclusive remedy will be to interrupt the use of the Website. The User agrees to indemnify, safeguard and hold the Indemnified Parties harmless from any claim or demand, including attorneys' fees, filed by third parties arising out of or arising out of the User's use of the Website and / or the Materials from outside. of the terms of the Contract.
Emerging Collective Temporary Union has the autonomous, exclusive and absolute right to prevent the use of the Website by the User and / or to report the User to the competent authorities for breach of the Terms and Conditions. Likewise, it has the right to collect the sums that have been generated for the damages and losses caused by the User. The User will be responsible for the products from the moment of delivery. Emerging Collective Temporary Union will not be responsible for any breach or delay in the fulfillment of any of its obligations, whose cause is due to fortuitous events or force majeure.
21. Security Emerging Collective Temporary Union uses appropriate technology and takes adequate security precautions for the development, operation, maintenance and / or use of the Website. Except for the adoption of adequate security measures, Emerging Collective Temporary Union does not guarantee that the Website is Fully shielded against inappropriate use, disclosure, loss, sale, license, destruction etc. of your personal information and / or files from your computer due to third party facts or that escape the control of Emerging Collective Temporary Union. It is the personal responsibility of the User to ensure that his computer is adequate and safe and is protected against software such as Trojans, computer viruses, worm programs and / or hacking.
22. Access. The Website and its use are focused exclusively for the Republic of Colombia, even when they are accessible by users outside the Republic of Colombia.
23. Exact information. The User agrees to provide truthful, accurate, current and complete information that is required in the forms of registration of discounts or points, registration to the Website, supports of discounts and / or points. The User agrees to update their data and information to keep them updated and accurate. Collective Temporal Collective Emergent guarantees in any case the confidentiality and the safe treatment of the data provided by the User.
24. Voluntariness. Temporary Union Collective Emergent understands that all the information entered by the User is true and is done voluntarily.
25. Applicable Law and Competent Jurisdiction. All issues that may arise from the access and / or use of the Website will be understood to be regulated and interpreted in accordance with the laws of the Republic of Colombia, independently of any conflict of laws or jurisdiction.
In the event that the User is domiciled outside the Republic of Colombia, any dispute between the User and Emerging Collective Temporary Union shall be submitted to the jurisdiction of the Republic of Colombia. Any controversy arising from the relationship arising from the acceptance of these Terms and Conditions, use of the Website or related to the User's relationship and Emerging Collective Temporary Union, will attempt to be resolved by direct agreement of the parties through their representatives , within thirty (30) days following the one in which the controversy was raised in written form by one of the parties to the representative of the other party. If the parties for any reason can not settle their differences within the agreed term, the dispute shall be settled by an arbitration tribunal constituted by one (1) arbitrator appointed by the Parties. In the event that the parties do not agree on the selection of the arbitrator within a period of ten calendar days, it will be chosen by lottery the Commercial Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá DC, by means of a draw between the arbitrators inscribed in their lists and will be governed in accordance with its regulations. The arbitrator will meet in Bogotá D.C. and it will fail in law.