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TERMS AND CONDITIONS – HECHIZOO COLOMBIA LTDA.
HECHIZOO COLOMBIA LTDA., (hereinafter “Hechizoo”) is a company specialized in design, preparation and manufacture of decorative elements like rugs, drapes and different types of textiles.
These Terms and Conditions regulate the use of Hechizoo’s web page (hereinafter “the Platform”) by any individual, corporate entity or its representatives in any form.
By accessing or using the Platform it is understood that User has read and accepted these Terms and Conditions, and therefore, this document is legally binding. Otherwise, User may abstain from accessing the Platform and the products and services available therein.
Whenever used herein, and unless the context otherwise requires, the following words shall have the following meanings:
“Confirmation”: is the e-mail received by User in the e-mail address provided, once the Purchase payment and the corresponding payment is made.
“Content”: is all type of information, graphic or written, images, audio and/or video, including but not limited to announcements, comments, news, data, graphics, drawings, texts, designs, schemes, maps and interactive properties presented by Hechizoo in the Platform (and in any software or underlying computer code), as well as programs or computational algorithms, programming modules, operational manuals, whether this Content is generated, provided or in any way produced by Hechizoo or by third parties.
“Force Majeure”: has the meaning stated by article 64 of the Colombian Civil Code.
“Platform”: is Hechizoo’s web page, by means of which Users may access to the products and services available, and perform the Purchase Order.
“Profile”: is the personal account created by each User, which certifies the registration in the Platform and contains the following information: name, surname, date of birth, age, sex, occupation, correspondence and/or delivery address, billing address, telephone, phone number and e-mail address.
“Purchase Order”: is the concrete order made by User in order to purchase specific products through the Platform.
“Third Party”: is any individual or corporate entity external to Hechizoo that interferes with the services available at the Platform, including but not limited to transportation companies that deliver the product in the address provided. These Third Parties do not act under Hechizoo’s subordination and dependency.
“Unforeseen Circumstances”: has the meaning stated by article 64 of the Colombian Civil Code.
“User”: is any individual or corporate entity, or its representatives in any form, that uses or that is registered in the Platform in accordance with the terms established in these Terms and Conditions.
II. ABOUT HECHIZOO
Hechizoo is a company specialized in design, preparation and manufacture of decorative elements like rugs, drapes and different types of textiles which are available at La Miscelánea Popular, located in Street 65 # 2-63, Bogotá, Colombia.
Users will have access to the products available at La Miscelánea Popular through the Platform, and these products will be delivered to the address provided by User. The responsible of the delivery is a transportation company external to Hechizoo.
III. USE OF THE PLATFORM
In order to use the Platform and to have access to the products available therein, User shall create a Profile with a username and password.
The registration of this Profile will allow the creation of two different type of Users: i) Users that may have access to the portfolio of products available at La Miscelánea Popular, and ii) Users that may have access to a broader and more exclusive portfolio of Hechizoo’s products.
Once the Profile is created, User will have complete access to any of the catalogues previously mentioned, and after selecting the products, payment will be available through PayU system. User will receive a confirmation e-mail (the “Confirmation”) after payment to the e-mail address provided.
The Confirmation received by User will contain estimated time and costs of shipment. The product shall be deliver to the User’s address within the next ten (10) working days from the receipt of the Confirmation for national shipments, and for international shipments this term will depend on the time established by the transportation company. Delivery costs will be in charge of User.
In case delivery deadlines are extended for Force Majeure and/or Unforeseen Circumstances, or for reasons attributable to the transportation company, Hechizoo will not be held responsible for the non-compliance of the delivery terms stated in the Confirmation.
IV. TERMS AND CONDITIONS ACCEPTANCE
Through the registration of a Profile and/or the use of the Platform in any way User accepts these Terms and Conditions, as well as the Policy available at the Platform.
Notwithstanding the above, some specific services available at the Platform may be subject to additional terms and conditions, for example, the shipment of products. In these cases, the User’s utilization of these services will be subject to these additional terms and conditions. In case User does not accept them, he/she shall abstain from using these services in any way.
V. USER PROFILE
The individual who creates a Profile is the only person authorized to access the Platform through this Profile. With this in mind, User is responsible of the confidentiality of the data used for accessing the Platform; and for all activities performed under User’s password and/or account.
Hechizoo does not have control over the use of an User’s account, and expressly renounces to any responsibility derived from it. In case User suspects that another person may be accessing the Platform through its Profile and/or using its password, User shall immediately notify Hechizoo.
Through the data provided by User for creating a Profile, the latter gives a free, previous, express, volunteer, and duly informed authorization to Hechizoo for collecting, storing and using its personal information. For further information regarding Hechizoo’s treatment of your personal data, please refer to the Policy.
VI. INTELLECTUAL PROPERTY
All rights regarding Platform Content are Hechizoo’s property. Users are authorized to use the Platform, and also to download material displayed on it but only for personal purposes, being expressly forbidden to copy, reproduce, publish, download, codify, modify, translate, interpret, display, distribute, transmit or broadcast in media channels this Content without Hechizoo’s previous, express and written authorization. Copyrights and industrial property rights over the Content are Hechizoo’s property independently of Users’ download. Hechizoo expressly reserves the exercise of all legal actions, including civils and criminals, in order to protect its intellectual and industrial property rights.
Products available at the Platform have a warranty of [include a period, for example, a year], unless a different period is established for a determined product.
User shall inspect the delivered products within the next five (5) days from the date of receipt, and shall immediately notify Hechizoo in written to the e-mail email@example.com in case there is a product default and/or inaccuracy with respect to the Purchase Order. Hechizoo will contact User once the warranty claim is received in order to coordinate the products’ collection.
In case Hechizoo verifies a products’ default or an inaccuracy with respect to the Purchase Order, the company will proceed with an exchange of new products, or the shipment of the initially requested.
VIII. LIABILITY RELEASE
According to national consumer regulation, in particular Law 1480 of 2011 and its particular provisions regarding consumer protection rights, it is important to mention that the Platform fully complies with this regulation and has the main purpose to provide an exceptional service to Users.
However, Users shall have in mind that there are some risks that include, but are not limited to, the impossibility of verifying the individuals identity and the inherent risks of dealing with minors or individuals that are acting under a false identity in a virtual environment.
In the same way, Hechizoo does not guarantee that the personal information provided by Users may not be misappropriated, intercepted, erased, destroyed or used by third parties. However, Hechizoo undertakes to implement all the appropriate security and confidentiality measures in order to protect its Users personal information, as established in the Policy.
The responsibility of the compliance of Hechizoo’s obligations rests with the company only with respect to those who render their services under Hechizoo’s subordination and dependence. In the rest of the cases, this responsibility will be borne by the Third Parties involved in the provision of the corresponding services, which will not have any contractual relationship of agency, subordination, association, joint venture or franchise with Hechizoo. If necessary, Hechizoo will assign to User the rights it may have against these Third Parties, as applicable, for the damages that they may have caused.
Hechizoo shall not be liable for any claim, injury or damage arising in connection with the acts or omissions of any Third Party, except as indicated in the preceding paragraph. In the event of a dispute with a Third Party involved in the provision of the service, the User releases Hechizoo, its officers, directors, employees and representatives from all claims, liabilities, costs, including without limitation attorneys' fees, losses or damages of any kind, direct or indirect, arising out of such disputes.
Likewise, the User agrees that Hechizoo shall not be liable for any direct or indirect damages, loss of profit, consequential damages and/or incidental damages arising out of or in connection with the use of the Platform and its links to other websites. In fact, for the User's convenience, the Platform may provide links to other Third Party websites which content or information is not reviewed by Hechizoo. Unless expressly stated otherwise, any page or site linked in the Platform is independent of Hechizoo; therefore, the latter has no control over such products, services, materials or any other information contained in or available through the pages or sites of said Third Parties, and it is not understood that Hechizoo recommends such products or services. Access to any page or site linked to the Platform is at the User's risk.
Finally, Hechizoo may at any time and in its sole discretion deny, suspend or terminate the access or use of the User to the Platform and/or any service and product without prior notice, without limitation, and for any reason. Therefore, Hechizoo does not guarantee the usefulness, availability and continuity of the operation of the Platform, and will not respond for the interruption, suspension or elimination of the same.
User agrees to defend, indemnify and hold harmless Hechizoo, its officers, directors, employees and representatives from and against any loss, claim, actions, costs, damages, penalties, fines and expenses, including, without limitation, attorney’s fees related with or resulting from the User's unauthorized use of the Platform or any breach of these Terms and Conditions. Hechizoo will give notice as soon as possible of any claim, demand or procedure received in connection with the above.
These Terms and Conditions and the Policy constitute the entire agreement between the User and Hechizoo with respect to the services and products available at the Platform, use of the Platform and Content, and replace all prior or contemporaneous communications and proposals (whether written, oral or electronic) between the User and Hechizoo with respect to the Platform and the services that derive from it.
Hechizoo may, in its sole discretion and without prior notice, make changes to these Terms and Conditions. However, such changes shall only apply from the time they are published in the Platform, and for transactions that will take place after their entry into force, without altering the transactions previously celebrated.
These changes will be announced to Users through the Platform or by an e-mail. In any case, the continuous use of the Platform implies the acceptance by User of these changes.
Hechizoo will try that the information contained in the Platform is correct and updated at the time of inclusion. However, unintentional errors or inaccuracies may exist. In this sense, Hechizoo will not be responsible for errors or omissions of the Platform, nor is committed to the immediate updating of the information contained therein.
XII. CONTACT US
If User has any doubts regarding the Terms and Conditions, Policy and/or use of the Platform or its Profile, you may contact Hechizoo at firstname.lastname@example.org. Messages will be answered as soon as possible.