In accordance with Law 1480 of 2011 and other applicable legislation, it informs you of these Terms and Conditions applicable to the site www.esmeraldascolombia.com and micro sites related to it, delivery policy, changes and returns, privacy notice (in hereinafter the “Site”), as well as the purchase of the products and/or services offered on it.
By entering and/or using the Site, you as a User admit that you have read, understood and accepted these Terms and Conditions that describe and regulate the use of the services and purchase-sale of products offered by ESMERALDAS COLOMBIA, for which you agree to be bound by the same in accordance with applicable laws and regulations that are part of Colombian legislation. Users who decide to access the Site from other countries will do so on their own initiative and it is their responsibility to abide by applicable local laws. Access to the Site from territories where its content is illegal is prohibited. In the event that the User does not agree with these Terms and Conditions, they must refrain from using the Site.
These Terms and Conditions are subject to change without prior notice. ESMERALDAS COLOMBIA reserves the right to update or modify the Terms and Conditions and from the date of their modification, all operations carried out between ESMERALDAS COLOMBIA and the User will be governed by the current document.
The products and/or services that ESMERALDAS COLOMBIA offers through the Site are only available to Users who are legally able to contract and be bound by the provisions of current Colombian legislation. If the User lacks said legal capacity to contract, they will not be able to make use of the products and services offered by the Site. ESMERALDAS COLOMBIA will examine the request or purchase order submitted by the User and reserves the right to verify the data provided by the User.REGISTRATION
ESMERALDAS COLOMBIA does not assume any responsibility for personal impersonation carried out by any User.
By selecting the corresponding box and following the steps indicated on the page to finalize your purchase order, it implies the existence of consent and express acceptance of these Terms and Conditions by the User, and therefore they will have full and sufficient validity. . In this way, the User declares to be a person with sufficient legal capacity to acquire the obligations derived from their actions through the Site, who has previously read these Terms and Conditions and therefore, declares that they understand and expressly accept their content.
Prior to the acquisition of the products and/or services that ESMERALDAS COLOMBIA offers through the Site, the User must complete a form in which he will provide the necessary data for his identification, for the purchase and shipment of the products. Filling out the form, providing the required information implies an express, informed, voluntary and express authorization for the processing of your Personal Data, hereinafter the “Personal Data”).
ESMERALDAS COLOMBIA complies with the principles of legality, purpose, freedom, veracity or quality, transparency, access and restricted circulation, security and confidentiality and responsibility established by Statutory Law 1581 of 2012 and other Regulatory Decrees (hereinafter the “Law”). whose purpose is to dictate the general provisions for the processing of Personal Data and develop the constitutional right of Users to know, update, rectify and/or delete Personal Data that have been duly supplied and for which there is an authorization for its treatment, storage and preservation in databases or files.
By accepting the Terms and Conditions, the User indicates that he voluntarily knows and authorizes ESMERALDAS COLOMBIA in advance so that his Personal Data can be stored and used in order to achieve efficient communication during this process or activity, and authorizes in the same terms that said information can be treated in accordance with the provisions of the Law and its Regulatory Decrees, the foregoing in order to receive information about its products, services, promotions, alliances, content, studies and contests. Likewise, the User declares that they have been informed of the policy for the protection of personal data available on this Site, which includes the consultation and claim procedures that allow the User to make effective their rights of access, knowledge, consultation, rectification , update and deletion of data.1USE OF THE SITE
The Site provides the User with access to texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, etc. (hereinafter the “Content”) which are part of the intellectual property of ESMERALDAS COLOMBIA.
By accessing the Site, the User agrees to make appropriate use of its Content, as well as the products and/or services offered through it, for which, including but not limited to, they agree not to: (i) use of the Content to engage in illicit, illegal or contrary to good faith and public order activities; (ii) any action through any device, software or any means to interfere in the activities and operation of ESMERALDAS COLOMBIA such as in the requests, offers, descriptions, accounts or databases of ESMERALDAS COLOMBIA, (iii) any activity that is in violation of or contrary to intellectual property laws or these Terms and Conditions, and, (iv) introduce or spread computer viruses on the Site or any other system that is likely to cause damage to the functioning and operation of the site.
If a fraudulent and/or malicious use is verified or suspected and/or contrary to these Complementary Terms and Policies and/or contrary to good faith, by the User, ESMERALDAS COLOMBIA will have the unappealable right to terminate the relationship and exercise legal actions to which you are entitled.
In the same way, the Site has spaces through which Users can participate by publishing their own content and/or sharing their own content or content published by ESMERALDAS COLOMBIA. Said spaces may be owned by ESMERALDAS COLOMBIA and therefore dependent on and controlled by it, or external to ESMERALDAS COLOMBIA, in the case of independent social networks and external to our organization, for which we cannot be held responsible, neither for the correct functioning, nor for the conditions and policies provided by those responsible, being the User himself who must expressly authorize at all times the treatment that is carried out of the information published on said platforms.
If the User publishes or shares content in said spaces, they understand and accept that the information provided may be accessed and used by any User who enters the corresponding platform. ESMERALDAS COLOMBIA does not control the access and/or use that other Users give to the published information and, therefore, ESMERALDAS COLOMBIA is not responsible for the content of the information or any unauthorized use by third parties of the owner. this.
Regarding the use of the Site, Users are prohibited from posting content:
1) That may be considered a violation in any way of the fundamental rights to honor, personal and family privacy or the image of third parties and, especially, of minors;
2) That include photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
3) That violate the secrecy of communications or that involve an infringement of intellectual and industrial property rights or the regulations governing the protection of personal data;
4) That contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;
5) That contain “spam” and/or links to sites unrelated to the corresponding space;
6) That include advertising or commercial communications, for the issuance of messages for advertising purposes or for the collection of data for the same purpose.
ESMERALDAS COLOMBIA reserves the right to prevent access to the Site or the possibility of participating in the spaces provided therein to Users who fail to comply with these conditions, even when no claim has been filed by a third party.
Likewise, any User may report the content that he considers to be in breach of these Terms and Conditions of use of the Site through the means provided for it.
OF THE PRODUCTS.
ESMERALDAS COLOMBIA will make available to Users, the references of the products, the colors, designs, materials and dimensions in which they can be purchased, as well as the recommendations for use and any other relevant information for the User. These will be displayed through photographs in the most realistic way possible, however, the User must take into account that the graphics and colors may vary depending on the equipment, therefore ESMERALDAS COLOMBIA is not responsible for errors in the selection of color, shape or dimension by the Users.
PROMOTIONS OR CAMPAIGNS
ESMERALDAS COLOMBIA through the Site and/or through its official social networks on Instagram [http://instagram.com/EsmeraldasColombia], Facebook [http://www.facebook.com/EsmeraldasColombia], and/or by mail email sent by the address info@esmeraldasColombia.com and/or through the publications that its collaborators, commercial partners, sponsors and/or influencers make with links or hashtags that redirect to the Site and/or to the aforementioned official social networks, may offer codes promotional and/or discount coupons that allow the User to receive a discount on the purchase of products on the Site. Any promotional code and/or discount coupon will be subject to the terms and conditions determined by ESMERALDAS COLOMBIA and which will be duly informed to Users by any of the means provided for it. The information of the terms will include: i) duration or validity of the promotion; ii) conditions to make it effective; iii) products to which it will be applicable and iv) the place where the promotion and/or discount coupon will apply.
The promotional codes and/or discount coupons will have a determined validity and may be subject to additional and/or particular terms and conditions that will be informed to the User at the time of their announcement and/or publication. Likewise, promotional codes and/or discount coupons cannot be combined with other promotions and/or other promotional codes and/or discount coupons.
The return of products purchased under promotional codes and/or discount coupons will be subject to the applicable issues set forth in the Site’s Return Policy and in accordance with the Law.
The User could be the subject of a random campaign regarding shipping, so the shipping terms applicable to each order may vary randomly. The User’s personal data will not be taken into account as a variable when determining the particular conditions of each order.
ESMERALDAS COLOMBIA uses dynamic ads on Facebook as a means of advertising campaign, so the User could come to view promotions on products that he has previously viewed on the Site, these dynamic ads are generated automatically, therefore, the promotions that are active on the Site, may not apply to them and/or be available for sale.
The cost of shipping the products will be indicated to the User prior to making the payment.
COPYRIGHT AND INDUSTRIAL PROPERTY
Any graphic design, User interfaces, visual interfaces, photographs, sounds, drawings, models, computer code (including HTML code), the layout, design, structure, selection, expression, aesthetic and functional aspect, the logos of the products and / or services offered, trademarks, industrial designs and models, domain names, account identifiers or search terms, among others, are the property of Esmeraldas Colombia and have been licensed by it to ESMERALDAS COLOMBIA (or third parties that have authorized ESMERALDAS COLOMBIA their use and/or exploitation) and therefore, they are protected by applicable national and international regulations on industrial property and copyright and other international treaties on intellectual property and copyright of which Colombia is part.
Any act of copying, reproduction, modification, creation of derivative works, sale or distribution, display of content, transmission, adaptation, translation, distribution, public communication, including the method of making it available, or any other exploitation and/or use is prohibited. or total or partial modification of any content included in the Site, through any means, including but not limited to, electronic, mechanical, photocopying or recording means without prior written authorization from ESMERALDAS COLOMBIA.
In no case do these Terms and Conditions confer a license, right or authorization to carry out the acts described above. Any unauthorized use of the Content will constitute a violation of these Terms and Conditions and the current regulations on trademarks, copyrights and other applicable intellectual, industrial, national and international property regulations.
USER PROVIDED CONTENT
The legitimacy of the intellectual property rights corresponding to the content provided by the User is the sole responsibility of the User, so the User will hold ESMERALDAS COLOMBIA harmless from any claim by third parties arising from the illegal use of content on the Site.
In the event that the User sends information of any kind to ESMERALDAS COLOMBIA through any of the channels enabled for this purpose, the user declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property right. , industrial, commercial secret or any other rights of third parties, and that said information is not confidential or harmful to third parties
By providing any content (photos, images, etc.) through the Site or any other means, the User freely assigns to ESMERALDAS COLOMBIA all of the intellectual or industrial property rights and any other rights that the User may have over said content. Said rights include the right of reproduction, representation, dissemination, transformation, distribution and public communication of all or part of the content, by any procedure and in all formats or supports, nationally and internationally.
Failures in the operation of the Site
By entering the Site, the User expressly accepts that the use of the Site is carried out under their sole responsibility and risk.
Without prejudice to what is determined in the mandatory regulations of the applicable Colombian legislation, ESMERALDAS COLOMBIA does not assume any responsibility for (i) any damage, loss or damage caused to the User due to failures in the system, server or on the Internet, (ii) any virus that could infect the User’s equipment as a consequence of the access and/or use of the Site, (iii) the continuity and availability of the Content; (iv) the absence of errors in the Content or the correction of any defect that may occur; (v) the damages or losses caused by any person who violates the security systems of the Site, even if the User has warned of the possibility of such damages.
Under the terms indicated herein, ESMERALDAS COLOMBIA will not be responsible for any errors or omissions contained in the Site or in the information provided therein, likewise, ESMERALDAS COLOMBIA may temporarily suspend, without prior notice, accessibility to the Site due to maintenance, repair, update or improvement operations. However, whenever circumstances allow, the User will be informed of this, sufficiently in advance, of the scheduled date for the suspension of the services for access and/or use of the Site.
Under the terms indicated here, the User may at no time attribute any responsibility or demand any compensation to ESMERALDAS COLOMBIA, by virtue of the damages and losses resulting from the aforementioned cases. ESMERALDAS COLOMBIA does not guarantee access and/or continuous or uninterrupted use of the Site, the User acknowledges and accepts that the system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond ESMERALDAS COLOMBIA, therefore that in such cases an effort will be made to restore it as quickly as possible without any type of responsibility being imputed to ESMERALDAS COLOMBIA.
The Site may contain links to other websites, which does not mean that they are owned or operated by ESMERALDAS COLOMBIA, therefore, ESMERALDAS COLOMBIA does not assume responsibility for the links to other web pages found on the Site, which may lead the User to other websites over which ESMERALDAS COLOMBIA does not have any type of control, so the User accesses the content under their sole responsibility and under the conditions of use that govern them, without in any way engaging the responsibility of ESMERALDAS COLOMBIA.
ESMERALDAS COLOMBIA is not responsible for the use that Users may make of the Content and services included in the Site. Consequently, ESMERALDAS COLOMBIA does not guarantee that the use that Users may make of the Content and services on the Site conform to these Terms, nor that they do so diligently.
RELEASE OF LIABILITY
The User exonerates ESMERALDAS COLOMBIA, subsidiaries and affiliates, their respective shareholders, officials, directors, employees, agents, content providers, designers, contractors, from any claim, demand, litigation or sanction as a result of: (i) the use and/or access of the User to the Site; (ii) any Content posted by the User; (iii) the violation of any of these Terms and Conditions; and (iii) your violation of any third party right, including without limitation, any proprietary right, right to privacy, or intellectual property right. In the event of any claim, demand, litigation or sanction derived from the circumstances described above, it will empower ESMERALDAS COLOMBIA to exercise legal actions to demand compensation for damages.
ESMERALDAS COLOMBIA reserves the right to adopt the technical or legal actions it deems appropriate to protect its interests or the rights of third parties. These measures include issuing warnings to any User or suspending, interrupting or terminating a User’s access to or use of the Site. Likewise, ESMERALDAS COLOMBIA reserves the right to cancel the purchase of products in the event of any abuse or infringement of these Terms and Conditions of the Site.
RESPONSIBILITY OF THE USER
When entering the Site, the User undertakes to provide correct and true personal information, as well as proceeding to update their data whenever required in accordance with the Data Treatment Policy of ESMERALDAS COLOMBIA. The User undertakes to promptly notify their corresponding entities in the financial or cooperative sector of the loss or theft of their credit card and other instruments provided by them to carry out transactions (such as debit cards, personal passwords, etc. ) in order for such instruments to be disabled by them. The User is prohibited from transmitting on or from the Site any illegal, threatening, slanderous, defamatory, obscene, scandalous, pornographic or profane material, or any other material that could give rise to civil or criminal liability under the terms of the applicable legislation.
The User undertakes not to use any device, software, routine or data to obstruct or attempt to obstruct the proper functioning of the Site and any activity carried out on it.
TERMS OF PURCHASE CONTRACT
Improvement and transfer of property
The sales contract between ESMERALDAS COLOMBIA and the User is perfected when: (i) the User presents the purchase offer on the Site by selecting the product desired by the User, (ii) the User makes the payment according to the modalities established in the Site, and (iii) the purchase offer is accepted by ESMERALDAS COLOMBIA.
The transfer of ownership will take place as soon as ESMERALDAS COLOMBIA delivers the product to the User.
ESMERALDAS COLOMBIA uses the Epayco platform as a payment method, with which you can pay with all the methods applicable to said platform, in the same way the payment method will be made based on the terms and conditions indicated by said platform for that purpose.
The delivery time will start counting from the confirmation of payment, this will be sent through a message to your email. For credit and debit card payments, our payment processor Epayco must approve the transaction based on data analysis, which may take up to one business day. The User will receive an update on the status of their order once the payment has been registered on the platform.
SOURCE OF FUNDS
The User declares under oath that the resources with which they have made purchases on the Site come from a legal operation, trade, profession, activity or business and that they have not been obtained by virtue of any conduct that is enshrined in the law. colombiana as an offense constituting an infraction.
The User declares under oath that there is no negative record on national or international money laundering prevention lists.
Consequently, it undertakes to respond to ESMERALDAS COLOMBIA for all damages that may be caused as a result of these statements, and exempts ESMERALDAS COLOMBIA from all liability for erroneous, inaccurate or false information that may have been provided in this document or for its violation.
ESMERALDAS COLOMBIA reserves the right to modify these Terms and Conditions at any time, by publishing the corresponding modification on the Site (with at least 30 (thirty) calendar days prior to the effective date of the modification).
In the event that one or more of the provisions contained in this document are considered invalid, illegal or ineffective in any aspect, the validity, legality and enforceability of the rest of the provisions of this document will not be affected or annulled by said circumstance.