Es Naenne
Dear user: Welcome to our page, thank you for trusting us!, below you will find the terms and conditions, hereinafter the “Terms “, That the access, registration and use of the web portal www.naenne.com, hereinafter the” Portal “, is regulated, for this reason, it is necessary that before carrying out any activity on the Portal the Terms are read carefully. In the event that these Terms are not accepted in whole or in part, which are binding and obligatory, the Portal should not be used in any way. It is understood as “User”, any person who enters the Portal, whether or not they are registered or acquiring products.
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Clause I
General Information of the Terms
1.01 Nature of the Portal
The Portal, is a space that allows, on the one hand, the marketing of clothing, accessories and jewelry, of high quality from now on the “Products” produced, supplied and sold by third parties, hereinafter the “Sellers”, and by another, that the Users know and acquire as consumers the Products through electronic commerce, hereinafter the “Acquisitions”. The Portal, in addition to the Acquisitions, allows the following operations and services, hereinafter the “Permitted Operations”:
– Direct Claims to the Sellers.
– Right of Retraction
– Payment Reversal
– Change Policy Exercise
– Submission of petitions, complaints and claims.
Any act other than Acquisitions in accordance with the Terms, or Permitted Operations, is expressly forbidden to be performed on or through the Portal.
1.02 Portal Property The Portal is owned by the Berghe S.A.S Group, a commercial company, legally established under the laws of the Republic of Colombia, hereinafter “Naenne”. Therefore, any reference in the Terms, including but not limited to the rights, obligations and responsibility of the Portal, is understood to have been made in relation to Naenne.
1.03 Scope of Application of Terms
Any person who enters the Portal will be subject to the Terms, in everything as it is applicable, regardless of whether Acquisitions are made in or through the Portal. However, in order to carry out the Acquisitions, an express mention of acceptance of the Terms of Compliance with the Acquisition Procedure indicated in Clause VIII is required. Sellers wishing to market their Products through the Portal, in whatever is applicable to them, will also be subject to these Terms.
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Clause II
Naenne
2.01 Nature of Naenne
Naenne through the Portal offers an electronic commerce space so that Sellers and Users can make Acquisitions for their benefit. The Acquisitions will involve the conclusion of a sales contract in which the parties will be exclusively the User and the Seller. In that sense, Naenne does not represent or guarantee in any way the Users or Sellers against the Acquisitions. The Acquisitions will be made and legally linked only to Sellers and Users. The participation of Naenne as an intermediary in the Acquisitions will be limited to the activities indicated in 2.03
2.02 Contact Means
Below is the contact information of Naenne so that the User can raise any concern, query or claim under any provision of these terms (the “Contact Means”)
Carrera 13A # 102-75 Piso 4, Bogotá, Colombia.
Phone: 6297045
Email: [email protected]
Office Hours: Monday through Friday from 8:00 a.m. to 6:00 p.m.
2.03 Naenne’s participation Naenne’s participation in the Acquisitions is limited to the following activities (the “Naenne Activities”):
(a) Notify the Purchase Orders of the Acquisitions to the Sellers, in accordance with Clause VIII.
(b) Be a contributor to the Direct Claims of the User and the Sellers, in accordance with Section 10.03
(c) Be a collaborator in the exercise of the Right of Retraction pursuant to Section 13.02
(d) Be a contributor to the Reversal of Payment request in accordance with Section 13.01
(e) Be a collaborator of the General Requests addressed to the Sellers in accordance with Section 7.01
(f) Based on the information provided by the Sellers, publish on the Portal the characteristics and properties of the Products in accordance with Section 6.01.
(g) Adopt the appropriate security mechanisms to safeguard the data provided by the User within the Portal at the opening of the Account and in the Billing Details in accordance with Clause XV.
2.04 Limitation of liability in Naenne’s Activities
The User declares to understand that the collaboration provided by Naenne in the literals (b), (c), (d) and (e) of the Naenne Activities is for ease and for the exclusive benefit of the User. In any case, the execution, delay or omission of such collaboration, generates responsibility of Naenne against any damage that may be caused to the user in the procedures that are provided collaboration. The User, in accordance with Section 7.01, may request from Naenne the contact details of the Sellers of the Products on which the requests are based, in order to direct the applications directly to them.
In the event of default or delay in the notification of the Purchase Order of the Acquisitions, the User may apply Reversion of Payment in accordance with Section 13.01
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Clause III
User Registration
3.01 Conditions
(a) Legal Capacity: In order to register on the Portal, the User must have the legal capacity to contract rights and obligations autonomously, in accordance with Colombian legislation. The use in any form of the Portal by incapacitated persons will be the responsibility of their parents, dependents, guardians or curators, and therefore will be considered carried out by them on the occasion of the legal representation they hold.
(b) Characteristics Data: The data provided by the User in the Portal, whenever requested, must be true, current, true and verifiable. Naenne will not be held responsible for the information provided by the Users, which turns out to be wrong, false or incomplete. The Users guarantee and respond, in any case, of the veracity, accuracy, validity and authenticity of the Data supplied. Naenne reserves the right to verify the data, without in any case being obliged to do so, in this sense Naenne will not respond even to affected third parties.
3.02 Registration Procedure
In the Portal, in the “Registration” box, the User may freely proceed to the corresponding registration. In said box you must enter the requested data, in compliance with Section 3.01 of the Terms. Each User may be the holder of only one Account.
At the time of registration, the User must provide a secret password, which will be required to access the Account and make Acquisitions. The administration of the key is the responsibility of the User, therefore, the Acquisitions, Permitted or not allowed operations made from your Account, will be the responsibility of the User. The User must notify Naenne of the improper use of his Account by any of the means available to the Customer. Naenne may close or suspend the Account subject to improper use.
3.03 Need to Register
The purpose of the registration is to assign an Account to the User through which he / she can perform the Acquisitions and Permitted Operations and receive information from the Portal..
3.04 Consequence of Registration
Once the User finishes the registration process and creates his / her personal account, hereinafter the “Account”, it is understood for all purposes, that he / she has read, understood, and agrees to the entire contents of the Terms and their application . Consequently, the use of the Portal will be subject to the provisions contained in the Terms and in the applicable legislation in Colombia applicable..
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Clause IV
Use of the Portal
4.01 Purposes of Portal use
The sole purpose of the Portal, and this is recognized by the User, is the performance of Acquisitions as a consumer of Products offered on the Portal and the performance of Permitted Operations, under the conditions set forth in the Terms and in the applicable Law. Consequently, the User may not use the Portal for different purposes, whether legal or illegal (The “Misuse”). Naenne will be able to eliminate Accounts and initiate the legal actions that take place in case of evidencing Misuse of the Portal.
The User must indemnify and hold Naenne harmless for any damage, loss, claim or claim against Naenne for Misuse of the Portal, failure to comply with the Terms, or for the violation of any laws or rights of third parties, including attorney’s fees in any way. a reasonable amount.
4.02 Conditions of use of the Portal
Notwithstanding the provisions of Section 4.01, the User at the time of use of the Portal, must observe the following parameters:
(i) Do not provide information that:
– Violates any patent, trademark, copyright, right of publicity or other rights of any other person or entity, or that violates any law or contract.
– Be false and inaccurate.
– Is illegal, threatening, defamatory, libelous, fraudulent, harmful, obscene or invades privacy.
– Constitute unauthorized advertising, promotional material or any type of junk mail, spam or chain mail.
– Contain computer viruses or other files designed to interrupt, damage, limit or interfere with the proper functioning of the Portal.
(ii) It is forbidden to impersonate the identity of any third party or any employee or representative of Naenne.
(iii) Respect the rights and honor of third parties at all times.
4.03 Authorizations to Naenne.
The User authorizes Naenne expressly and irrevocably to:
(i)Delete the Account that results in your judgment contrary to the proper use of the Portal.
(ii) Verify the data provided in the Portal, in the event that Naenne can not verify said data, it may suspend or delete the data of the Client or the Account.
(iii) Consult any entity that manages or manages databases with the same purposes, everything related to the birth, modification, and extinction of obligations that directly or indirectly have contracted or in force until the total extinction of the obligations of the User by any legal means, The foregoing for statistical purposes of commercial information and risk assessment in the conduct of financial business.
(iv) Use the data provided by the User for statistical and promotional purposes.
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Clause V
Mercado Pago / Paypal
5.01 Nature and Purpose
Mercado Pago and Paypal is an electronic platform that offers services for the processing, collection and receipt of online payments by various means of payment (the “Payment Market Services”). The control, administration, operation and control of Mercado Pago and Paypal does not belong to Naenne.
Naenne only offers the User the use of Mercado Pago and Paypal for the User to exclusively make the payment of the Acquisitions of the Products marketed in the Portal and for their values, any act outside this purpose is prohibited. At the moment in which the User uses the Payment Market Services, the following effects will be generated among others: (i) an exclusive commercial relationship will arise between the User and the Payment Market, in which Naenne will have no part, interference or interest, ( ii) The User must accept all the Terms and Conditions that govern the use of the Payment Market Services. Once accepted, the User will be subject to these Terms and Conditions and other provisions that govern the commercial relationship between the User and Mercado Pago or Paypal (iii) the financial data provided in the Mercado Pago and Paypal platform will be administered and controlled directly by Mercado Pago and Paypal.
5.02 Disclaimer
The User declares that Naenne is exempt from liability for any event, action or omission arising from the use of the User of the Payment Market Services, including but not limited to: (i) the times of acceptance of payments or rejection of them, (ii) inability to carry out a transaction, (iii) wrongful entry of data, (iv) fraud, (v) interception of data, (vi) payments made by third parties using the name and payment information of the User or (vii) the fall of the payment processing networks and financial entities.
In virtue that Naenne has no control over Mercado Pago and Paypal, it will not be responsible for the contents, materials, actions and / or services provided by them, nor for damages or losses caused by the use thereof, whether caused directly or indirectly. The presence of links to Mercado Pago and Paypal does not imply a partnership, relationship, approval, support to Mercado Pago and Paypal or its contents.
The requests, legal actions or claims for damages suffered by the User derived from the use of the Payment Market Services under the law or the commercial relationship arising between Mercado Pago and Paypal and the User, shall be attempted directly before Mercado Pago and Paypal. The following are the contact details of Mercado Pago and Paypal:
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Clause VI
Advertising
6.01 Advertising of Products on the Portal
The information publicized in the Portal regarding the characteristics and properties of the Products is provided directly by the Sellers. The Portal for these purposes, is the means of advertising.
Naenne requires the Sellers to provide certain, reliable, sufficient, clear and updated information about the Products, however, Naenne will not have the obligation to verify the veracity or accuracy of the information regarding the characteristics and properties of the Products, therefore, Naenne will not be responsible for falsehoods, inaccuracies or errors of the characteristics and published properties of the Products.
In the event that the User wants to deepen the characteristics and properties of the Products, he may raise the query in the manner indicated in Section 7.01
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Clause VII
Petitions, Complaints and Claims
7.01 In front of the requests, complaints and claims that for their purpose do not have a specific procedure regulated by the Terms (the “General Request”), the following procedure will be followed (the “Residual Procedure”):
(i) The User will formulate the General Request, by any of the means arranged in the Contact Means. In the event that the General Request is filed, Naenne will record the time and date of the filing. In the event that the General Request is formulated by electronic means, Naenne will send to the sender mail a certificate of receipt of the General Request.
(ii)The General Application must meet the following requirements:
a. The designation of the authority to which it is addressed.
b. The full names and surnames of the requesting User and / or their representative and / or attorney, if applicable, indicating their identity document and the address where they will receive correspondence. The requesting User may add the fax number or the electronic address. If the requesting User is a private person that must be registered in the commercial register, he will be obliged to indicate his electronic address.
c. The object of the General Request.
d. The reasons on which the General Request is based.
e. The list of documents you wish to submit to start the process.
f. The signature of the requesting User when this is the case.
(iii) When Naenne is responsible for the General Request, she will respond within a maximum term of fifteen (15) days. In the event that the General Solitude has the purpose of requesting documents and information, Naenne will respond within a maximum term of ten (10) days. When, exceptionally, it is not possible to resolve the General Request in the aforementioned terms, Naenne will inform this circumstance to the requesting User, before the expiration of the terms, expressing the reasons for the delay and indicating at the same time the reasonable term in which it will be resolved or response, which may not exceed twice the initially planned.
(iv) When by the General Request it falls on a Seller, Naenne will transfer it to the respective Seller for a substantiated response to the General Request. Naenne will give its best efforts, so that the response from the Seller is in the shortest possible time and is answered in depth, without in any case, Naenne is responsible for compliance with the legal terms or conditions of the response.
(v) In the event that the General Request for its purpose corresponds to a specific procedure regulated in the Terms, Naenne will notify the requesting User of this fact and will process the General Request in accordance with the specific procedure.
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Clause VIII
Procurement Procedure
Step 1
Product selection
User who has entered the Portal will be able to explore the catalog of Products that are offered together with their descriptions, characteristics, availability in stock and prices.
Step 2
Add to the “Shopping Cart”
Once the User has clear the Products to acquire, colors, quantities and sizes should click on the box “Add to Cart”. The Portal offers the help “size guide” so that the User avoids any type of confusion or error in the size of the Product.
Step 3
Verification of Products
The User must verify the Products added to the “Shopping Cart” in the option “See Cart”. In this option the User will find a summary of the order of all the goods that he intends to acquire with his complete description, the individual price of each of them, the total price of the Products, and, if applicable, the additional costs and expenses that must pay for the shipment or for any other concept and the total amount that must be paid. Once you verify that the Products are chosen, in size and quantity. And that the total price corresponds to the sum of the chosen Products. The User will have at his disposal the option “Update”, which will allow him to have a final control of the Products to be acquired. The User is responsible for mistakes, errors or confusion in the quantities and Products object of the purchase orders.
Step 4
Order fulfillment
For the realization of the order on the Products requested and desired, the User must fill in the billing details, which will be the data used for the delivery of the Products purchased and the realization of the invoice. The acceptance of the Terms will be required for the realization of the order, without this implying the lack of application of the Terms from the moment of accessing the Portal.
Step 5
Generation and Payment of the Purchase Order
Once the User, verify that the data contained in the “Shopping Cart”, correspond with the requested, you can click the “Continue Purchase” button. Immediately a document will be generated that contains the relation of the requested (the “Purchase Order”). The Order will be paid in Mercado Pago in accordance with the provisions of Section 5.01.
Step 6
Purchase Order Notifications
Verified that the receipt of the payment of the Acquisitions, Naenne will notify the Seller so that it proceeds to the dispatch and shipment of the Product in accordance with the Purchase Order. Simultaneously, and no later than the day following receipt of the payment, the User will be sent the information provided in the billing details, an acknowledgment of receipt of the Purchase Order, informing the delivery time, the price paid including taxes and expenses. shipping and how the payment was made.
The exhaustion of the steps previously indicated, will serve as proof of the manifestation of the User’s will to carry out the Acquisitions and as proof of the commercial relationship.
Step 7
Delivery of Products
Received the payment of the Acquisitions, within a maximum term of 30 days the Products will be delivered to the User, in the instructions provided in the billing details. Any change of the data provided in the billing details before the delivery of the Products must be notified by the User to Naenne. At the time of delivery, the purchase invoice will be delivered and the User must subscribe the document that accounts for the reception to the satisfaction of the Product (the “Delivery Receipt”)
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Clause IX
Prices
9.01 Prices
The prices of the Products sold in the Portal, are expressed in Colombian pesos and USD US dolars, and correspond to the unit price of each Product including taxes and shipping costs. In the event that in the Portal an Affect price is offered to a Product and the User adds the Product to the “shopping cart”, Naenne will respect the lowest published price. Without prejudice to the application of Section 13.04. The crossed out prices that appear in the Portal, correspond to old prices of the Products that no longer have validity. Only the prices that are not crossed out will be applicable.
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Clause X
Guarantees
10.01 Quality, suitability and security of the Products.
Provided that the Products sold in the Portal do not have a technical regulation, the conditions of quality, suitability and security of the Products correspond to those that the Sellers inform the Users and to the ordinary and habitual demands of the market. For this purpose, the User, through Naenne in the manner provided in Section 7.01, may consult the conditions of quality, suitability and security of the Products. The conditions of use of the Product will be those set out in the labeling or label of the Product and in the file provided with the Product, as the case may be.
10.02 Legal Warranty
The Sellers in their capacity as producers of the Products are exclusively liable to the User for the quality, suitability, security, good condition and functioning of the Products (the “Legal Guarantee”). Naenne requires that all Products marketed on the Portal have a Legal Guarantee for a period of 30 days from the delivery of the Product to the User, without prejudice to the fact that the law or competent authority has indicated a longer term..
10.03 Direct Claim Procedure of the Legal Guarantee
The claim of the Legal Guarantee will be fulfilled with the collaboration of Naenne, without collaboration or any act carried out for this purpose, generate any responsibility or guarantee of Naenne against the Legal Guarantee of the Product. The User to claim the protection of the Legal Guarantee must follow the following procedure (the “Direct Claim Procedure”):
1. Notification and transfer of the Claim
(i) Contact Naenne by any means available in the Contact Media, notifying the reason for the claim (the “Notice of Claim”). In the event that the Notification of the Claim is physically filed, Naenne will record the time and date of the filing. In the event that the Notification of the Claim is made by electronic means, Naenne will send to the sender mail a certificate of receipt of the Notification of the Claim.
(ii) Once the Naenne notification has been received in the shortest time possible, it will arrange a meeting or communicate with the User so that the information of the claim is extended or the explanations of the case are rendered. Naenne will warn the User so that the meeting brings the Product object of claim (the “Claimed Product”)
(iii) Naenne may inform the User that in order to accelerate the claim process, in the sense of proving the consumer relationship with the Seller, the following documents may accompany the Claim Communication: the “Support Documents”):
a. Purchase Invoice;
b. Product Label;
c. Delivery receipt;
d. Return Card.
(iv) Once the previous steps have been completed, Naenne will issue a receipt (the “Delivery Receipt”) which will include: (i) the status and general conditions of arrival of the Product (ii) the reasons of claiming which is the defect that is alleged of the Claimed Product and all the information that serves as the basis for the claim, (iii) any other information it deems pertinent and (iv) way in which it is preferred that the Guarantee be made effective Legal. The Delivery Receipt must be subscribed by the User as long as it is in agreement with said annotations. In case of disagreement, Naenne will provide the User with the contact details of the Seller so that the User may contact the Seller directly to proceed in accordance with the provisions of the Consumer Statute.
(v)Once the Delivery Receipt is signed, Naenne will send to the Seller the Claimed Product in the same conditions and packing or packaging that was delivered, together with the Delivery Receipt and the Documents Supports if applicable, so that it proceeds to fulfill what is indicated in the following number.
2. Acceptance of the Claim
(vi) Received by the Seller, the Claimed Product together with the Delivery Receipt and Documents Support will proceed within the following two (2) working days in compliance with Article 12 of the Consumer Statute to issue a certificate of receipt (The “Proof of Receipt”) that will be delivered to the User. Simultaneously within the following fifteen (15) business days, it will indicate:
a. Whether the claim is admissible or not. The rejection decision must be motivated, in any case, if the User considers it may demand compliance by initiating a jurisdictional action to protect the consumer before the competent judge or the Superintendence of Industry and Commerce.
b. If it will make the Legal Guarantee effective in a manner different from that requested and the reasons for proceeding in another way.
3. Execution of the Legal Guarantee
(vii) Once the claim has been accepted, the Seller will proceed to enforce the Legal Guarantee, as follows:
Execution of the Legal Guarantee Item Activity
Item 1
Activity: Repair
Description: As a general rule, the Seller will proceed to repair the Claimed Product.
Term to do so: 30 business days
Annotation:: If the Claimed Product can not be repaired or if the failure occurs again, the User may choose between replacement of the Product or return of the money.
Item 2
Activity: Replenishment
Description:The Seller may replace the Product, by others of identical characteristics.
Term to do so: 15 business days
Annotation: When the User chooses to replace or change for a property with the same characteristics, in the event that the repair is impossible or the fault is repeated and there is no availability of identical or similar goods, The money will be returned or a bonus will be granted as the User prefers.
Item 3
Activity: Return of money
Description: The return of the money or the granting of a bonus as the User prefers, will be made on the price of the sale of the Claimed Product.
Term to do so: 15 business days
Annotation: In the event that the refund of the money is made by bank deposit, the User must provide the necessary data for the purpose, once the decision of the Seller is informed. The return times by the issuing bank of the card will not be the responsibility of the Seller.
4. Delivery of the Claimed Product
(viii) Once the repair of the Claimed Product occurs, the Seller, together with the delivery of the Product subject to repair (the “Repaired Product”), shall issue a proof of repair (the “Certificate of Repair”). ) indicating:
a. Description of the repair carried out;
b. Parts replaced or repaired;
c.The date on which the consumer delivered the product, and
d.The return date of the product;
10.04 Grounds for Exoneration of the Legal Guarantee
The User must take into account that the Sellers will not be liable for the Legal Guarantee in case: (i) the instructions for use and care of the Products are not followed, (ii) the Product is used improperly or for purposes other than natural, (iii) the Product present changes in its texture, hue or color attributable to the natural and common use of the Product or its material (iv) Damage or alterations to the Product not attributable to manufacturing Defects occur (iv) an arrangement occurs, amendment, improper cleaning, manipulation or modification of the Product by the User or third parties, (v) and for the other causes of exoneration enshrined in the law.
10.05 Supplementary Guarantee
The Sellers, at their own will, may extend or improve the coverage of the Legal Guarantee (the “Supplementary Guarantee”). The Supplemental Guarantee may generate an additional cost that will be set by the corresponding Seller. The extension and claim of the Legal Guarantee will be made directly to the Seller without the collaboration of Naenne..
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Clause XI
Clause XI
11.01 Damage caused by defective products
he Seller shall be exclusively responsible for the damages caused by the defects of its products, without prejudice to the exemptions of liability in accordance with the law. When the Acquisitions do not expressly indicate who the Seller is, it will be presumed as such who places his name, trademark or any other sign or badge on the Product. As damage, the following are understood:
a. Death or bodily injury, caused by the defective product;
b. Those produced to a different thing than the defective product, caused by the defective product.
The foregoing, without prejudice to the User or injured third party may claim other type of compensation in accordance with the law.
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Clause XII
Intellectual Property
12.01 Intellectual property on Products
The Seller shall be exclusively liable to Naenne, Users and third parties for the infringement of the intellectual property rules. Therefore, you must hold Naenne harmless from any legal action initiated by third parties or by Users in connection with the dispute or infringement of the intellectual property rules and assume full responsibility for the damages that may be caused by the infringement of the Intellectual Property Rights. In case of evidence of an infringement of intellectual property rules.When a User becomes aware of the alleged infringement of the Intellectual Property rules, he must inform Naenne using any means provided in Section 2.02., Naenne will take the corresponding actions to remove the Seller Products that caused the breach of the Portal.
12.02 Intellectual property over the Portal
The intellectual property rights of the Portal and especially the content published on the Portal screens, belong to Naenne, the foregoing includes but is not limited to graphics, brands, logos and other documents and information from Naenne. The databases, networks, programs, files that enable the User to access and use your Account, without the property of Naenne and are protected by laws and international treaties of copyright, trademarks, patents, models and industrial designs. Consequently, the reproduction, copying, alteration, modification, disclosure, total or partial reuse of the contents without the prior express authorization in writing by Naenne is prohibited.
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Clause XIII
User rights
In addition to the other rights enshrined in the Law, Users will have the following rights:
13.01 Reversal of Payment
The User may request the reversion of the payment of the Acquisition made in the Portal through the use of a credit, debit card or any other electronic payment instrument (the “Reversion Request”), when the Acquisition is placed in the following events ( the “Reversion Events”):
a. Has been the product of a fraud,
b. Does not correspond to an unsolicited operation,
c. The Product purchased is not received in accordance with Clause VIII, or
d. The Product delivered does not correspond to what was requested. In this case, the User, at his discretion, may request the reversion of the payment or give application to the policy of changes in accordance with Section 13.05 of the Terms. The Seller may check the Purchase Order with the Delivery Receipt and the characteristics of the Product delivered, in case of not finding inconsistencies, the payment will not be reversed.
e. The Product is defective. In the latter case, the reversal will be subject to the provision of the Direct Claim Procedure pursuant to Section 10.03 of the Terms. The procedure described below will not have to be followed. In order for the reversal to operate, the following procedure (the “Reversion Procedure”) must be followed:
(i) The User within five (5) business days following the date on which he had or should have knowledge of the fact that he intends to reverse must notify Naenne by any of the Contact Means ( the “Notice of Reversion”). In the event that the Reversion Notice is physically filed, Naenne will record the time and date of the filing. In the event that the Notice of Reversion is made by electronic means, Naenne will send to the sender mail a certificate of receipt of the Notice of Reversion.
(ii) Once the Notice of Reversion is received, if Naenne deems it necessary, in the shortest possible time it will arrange a meeting or communicate with the User so that the information of the Reversion Request is extended or give explanations of the case, and provide the data of the account in which the return will be made.
(iii) Naenne will inform the third parties involved in the payment process, including the issuer of the payment instrument, to reverse the payments.
(iv)When appropriate, Naenne will inform the Seller to make a decision, and if appropriate, initiate legal action against the User whenever the latter considers the Reversion Request to be unfounded.
(v) Naenne will not have any interference or will be responsible for the time it takes for the third participants in the payment process to make the requested reversion, nor for the result of the requested reversal. No partial refunds can be made to credit or debit cards.
13.02 Right of Retraction
Once the Products have been delivered pursuant to Clause VIII of the Terms, the User will have three (3) calendar days from delivery, to return the Product and request the return of the money paid (the “Right of Retraction”). “) Without any motivation. The exercise of the Right of Retraction will involve the termination of the purchase agreement concluded between the User and the Seller, at the time of the Acquisition.In order for the Right of Retraction to operate, the following procedure must be followed (the “Retraction Procedure”):
(i) The User within three (3) calendar days following the date of the Product on which it is intended to exercise the Right of Retraction, must notify the intention to exercise the Right of Retraction to Naenne by any of the Contact Means (the “Notice of Withdrawal”). In the event that the Retraction Notice is physically filed, Naenne will record the time and date of the filing. In the event that the Notice of Retraction is formulated by electronic means, Naenne will send to the sender mail a certificate of receipt of the Notice of Withdrawal.
(ii) Once the Retraction Notice has been received, Naenne will inform the User in the shortest possible time so that the User can return the Product on which he / she is present to exercise the Right of Retraction, and provide the data of the account in which the return will be made. The costs of resending must be borne by the User.
(iii) In order for the Right of Retraction to proceed, the User must return the Product in the same conditions as it was delivered, new, without damage or deterioration, without dirt, and on the packaging original, attaching the following documents:
– Invoice;
– Product Label;
– Delivery receipt;
– Return Card.
(iv)Once the above conditions have been fulfilled and verified, Naenne will notify the third participants in the payment process so that within a period of 30 (days) they will proceed to return the money paid. Naenne will not have any interference or will be responsible for the time it takes for the third participants in the payment process to make the requested refund, nor for the result of the requested refund. Partial refunds can not be made to credit or debit cards.
(v) The User, if he / she so wishes, may request that instead of the return of the money the Product be exchanged for another of identical characteristics or for another of different characteristics but of equal value (in both cases). case provided it is in the Portal inventory) or for a bonus for the value of the Product that you want to change. The requested change or the issuance of the Bond must be fulfilled within 15 days following the request.
13.03 Exceptions to the Right of Retraction:
In addition to the other exceptions enshrined in the Law, the Right of Retraction will not apply when the Product is a personal use good or made according to the specifications of the consumer or clearly personalized. Nor shall it apply when the Product is not in the same condition in which it was delivered according to the certificates contained in the Delivery Receipt, or has unnatural smells to the Product. The grounds for exemption included in Section 10.04 will be applicable, in what concerns.
13.04 Exhaustion of the Inventory during the completion of the Acquisition Procedure
The User declares to understand and accept that in the period of time that takes to complete the Acquisition Procedure, the Product object of the Acquisition may be exhausted. In this event, Naenne will proceed to notify the User of the occurrence of the event in the shortest time possible. The Sellers through Naenne may return to the User the sums paid for the Exhausted Product. In any case, the User may request that instead of the return of the money, the Product be exchanged for another of identical characteristics or for another of different characteristics but of equal value (in both cases whenever it is in the Portal inventory) or for a bonus for the value of the Product that you want to change. The requested change or the issuance of the Bond must be fulfilled within 15 days following the request.
13.05 Exchange Policy
The User may request the change of the Acquisition made in the Portal under the conditions:
Change Policy
Item 1
Events: Size
Right: In the event that the Product does not conform to the size of the User or not to correspond to what the latter may request using the means of contact, the change of the Product by another of identical characteristics (provided it is in the inventory of the Portal) or for a bonus for the value of the Product you want to change.
Term to exercise it: Within 24 hours after the delivery of the Product.
Response time:Within 30 days of the request.
Item: 2
Events: Exercise of the Right of Retraction
Law: In the event that the User has exercised in time and under the conditions required the Right of Retraction, and report that instead of returning the money you wish to apply the Exchange Policy, you may request doing so use of the Contact Means the exchange of the Product for another, provided that it is in the inventory of the Portal) and corresponds to the same value or for a bonus for the value of the Product that you want to change.
Term to exercise it:Within the same term as the User to exercise the Right of Retraction pursuant to Section 13.02.
Response time: Within 15 days of the request.
Item 3
Events:: Inventory Exhaustion
Law:In the event of the exhaustion of a Product during the completion of the Acquisition Procedure, the User may request that instead of the return of the money the Product be exchanged for another of identical characteristics or for another of different characteristics but of equal value (in both cases whenever it is in the inventory of the Portal) or for a bonus for the value of the Product that you want to change.
Term to exercise it:Within 5 days after notification of the exhaustion event.
Response time: Within 15 days of the request.iguientes a la solicitud.
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Clause XIV
General Waivers of Liability of Naenne
In addition to Naenne’s exemptions and limitations of liability contained in the Terms, Naenne will not be liable for the following events (the “General Exoneration Events”):
(i) Erroneous money transfers resulting from incorrect data entry by Users.
(ii)No verification of the data provided by the Users.
(iii) Availability and uninterrupted functionality and without errors of Mercado Pago.
(iv) Availability and uninterrupted functionality and without errors of the Portal.
(v) Fraud or abuse of confidence by the User.
(vi) Occurrence of events of fortuitous event or force majeure that prevent the sustainability and operation of the Portal. The User hereby waives any action against Naenne, for losses, damages, expenses or current or future damages, in relation to the occurrence of General Exoneration Events.
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Clause XV
Data Processing Policy
15.01 Provision of data.
Naenne will not disclose to third parties, the personal information provided by the Users in the Portal, except for the fulfillment of the Naenne Activities, processing of requirements of the Users, by order of the competent authority, or to the persons designated by the person who provides the information in User registration.
However, Users expressly accept that Naenne, receives, collects, analyzes, and transfers to third parties the opinions and ratings of Users and may submit reports addressed to the media, authorities, companies or citizens.
15.02 This privacy and personal data protection policy (the “Policy”) regulates the collection, storage, treatment, administration, transfer, transmission and protection of information received from third parties through the different information collection channels (the “Personal Data”) that Naenne, through different channels, has arranged for the general public, in accordance with the provisions contained in Statutory Law 1581 of 2012, Decree 1377 of 2013, and other concordant norms, for which general provisions are made for the protection of personal data.
Naenne, who will be responsible for the processing of Personal Data, as this term is defined in Law 1581 of 2012, respects the privacy of each of the third parties they provide their Personal Data through the different collection points and capture of said information arranged for that purpose. Naenne receives the aforementioned information, stores it appropriately and safely, and uses it, which does not prevent third parties from verifying the accuracy thereof and exercising its rights related to knowing, updating, rectifying and suppressing the information provided, as well as your right to revoke the authorization provided to Naenne for the processing of your Personal Data. The data that Naenne collects from third parties, are processed and used in accordance with the current privacy and information protection regulations mentioned above.
Naenne collects Personal Data for consultation, processing and use, including the following specific objectives:
(i) Innovate, improve, develop and implement new promotional campaigns for products and services; design and offer new products and services through the management of permanent analysis of their preferences, tastes and profiling of Portal Users.
(ii) Perform basic administrative management tasks.
(iii) Communicate through any channel destined for such purpose, promotions, news, products and services related to advertising and promotion of musical projects through the Portal. Such use will be made only if the third parties voluntarily decide to register the information and give their express authorization in this regard.
The use determined for the different purposes, indicated above and including the sending of commercial and advertising information related to the products and / or services that Naenne offers, may be exercised through (i) emails to the email that the User provides when linking to the Web page, (ii) text messages (SMS) and / or (iii) telephone calls (cell phones or landlines).
Personal Data is the personal information provided to Naenne, in any form and through any channel for the reception thereof, by third parties, which includes, such data such as names, surnames, date of birth, type and number of identity document, sex, physical address, email address, landline, cell phone, city of residence, and performance area.
The owners of the data recognize that the supply of their personal data, personal information is carried out voluntarily, taking into account the characteristics enabled for such purpose and the powers of use by the parties. of Naenne, and in the understanding that such information will be part of a file and / or database that will contain your profile, which may be used by Naenne in the terms and for the purposes stated herein.
On the other hand, the information that the owner provides voluntarily must be truthful and complete, and it will not be used, processed or transferred beyond the limits allowed in the Law and in terms. Additionally, Naenne will share and transfer Personal Data information only at the events provided in Section 15.01
The User authorizes Naenne to share their Personal Data with the Sellers. Likewise, it authorizes Naenne to use its Personal Data supplied, in Naenne’s own management to generate added values. Therefore, he authorizes Naenne to conserve, update, process, consult and treat them in the ways established in this Policy.
Naenne clarifies that although the activities of processing the information provided by the holders of the data are carried out by Naenne’s staff, these may be carried out by contractors and / or suppliers of services (responsible for the processing of personal data) that in any way may have access to the Personal Data consigned in Naenne’s databases, due to a special order (in charge of processing), are contractually obligated to store, treat , protect and maintain such information as confidential and may not treat it for any other purpose than the one indicated contractually by Naenne. By acceptance of this Policy the purposes described in this paragraph are accepted.
The owner of the data may know, update, rectify and delete the information provided, may also exercise their right to revoke the authorization provided for treatment to Naenne through an application General in accordance with Section 7.01 Naenne will securely store and treat the information provided by the owners in a secure manner and, therefore, will take all precautionary measures to protect your information against loss, abuse, adulteration, access or non-use. authorized or fraudulent. Likewise, this treatment may be carried out by contractors and / or service providers (responsible for the processing of Personal Data) who in any way may have access to the personal data entered in the Naenne databases, due to a special order ( responsible for the treatment), are contractually bound to store, treat, protect and maintain such information as confidential and may not treat it for any other purpose than the one indicated contractually by Naenne. By acceptance of this Policy the purposes described in this paragraph are accepted.
Naenne is not responsible for any consequence derived from the undue entry of third parties to the database and / or by any technical failure in the operation and / or conservation of data in the system storage of information, for reasons that are not attributable to it.
By legal provision, Naenne refrains from collecting information of any kind from minors, or sensitive data of its customers, as this term is defined in the Law 1581 of 2013.
For more information related to the legal provisions of data protection, and those related to the complaint procedures regarding them, we suggest visiting the website of the Superintendence of Industry and Commerce (www.sic.gov.co).
Naenne reserves the right to modify this policy at any time and without prior notice. Any modification will become effective and will have effects against related third parties since its publication in the corresponding channel.
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Clause XVI
Unilateral Modification
16.01 Unilateral modification of Portal information
Naenne may modify the information or content published on the Portal at any time and without prior notice. However, the Purchase Orders actually paid before the modification, will remain unchanged.
16.02 Unilateral Modification of Terms
Naenne may modify the Terms at any time, making modified terms public on the Portal. The modifications made will be effective three (3) days after its publication. Any User who does not agree with the modifications made by Naenne may request cancellation of the account.
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Clause XVII
Jurisdiction and Applicable Law
17.01 Jurisdiction and Applicable Law
The Terms will be governed in all its points by the laws of the Republic of Colombia. Any controversy derived from the Terms, their existence, validity, interpretation, scope or compliance will be subject to the applicable laws and the competent courts of Bogotá D.C., and the procedures will be carried out in Spanish.
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