TERMS AND CONDITIONS OF USE OF THE TRUCCOS FASHION S.A.S. WEBSITE.
This page sets out the 'Terms and Conditions' under which the user make use of the website www.truccos.com.co (hereinafter, "the website" "the website" or "the page") owned by TRUCCO'S FASHION S.A.S. a legal entity, identified with Nit. 811.038.011-8, whose main address is Carrera 56 No. 46 - 49 Local 902, in the municipality of Medellin – Antioquia, with contact telephones (+574) 512-2312, (+574) 512-0440, (+57) 300-654-1508 and email firstname.lastname@example.org. (hereinafter TRUCCOS).
Access to use and/or purchase any of our products from the website, attributes to those who access the status of user, accepting, from that moment, fully and without reservation, these terms and conditions as well as any individual conditions that supplement, modify or replace the general conditions and policies referred to herein and/or available through hyperlinks where this happens, in relation to all the services and contents of the website. therefore, this will be understood as unequivocal conduct of acceptance of the following terms and conditions. These Terms of Service apply to all users of the site, including without limitation users who are browsers, suppliers, customers, merchants, and/or content contributors.
Any new features or tools added to the website will also be subject to the terms and conditions. The user can review the updated version of the terms and conditions at any time on this page. We reserve the right to update, change or replace any part of the terms and conditions without prior notice at any time, Under the sole discretion of TRUCCO'S FASHION S.A.S by posting updates and/or changes to our website. It is the user's responsibility to check this page periodically to verify changes. Continuous use of the site or access to the website after the posting of any changes constitutes acceptance of such changes, from the date of modification of these terms and conditions, all transactions between TRUCCO'S FASHION S.A.S and the user will be governed by the amended document. Likewise, the design, layout or configuration, registration or use of the website may be modified in the same way without this generating any right to claim or compensation in favor of the user or visitor.
The store is hosted in PRESTASHOP. They provide the online e-commerce platform, which allows us to sell our products and services Therefore, accept the terms and conditions established by the third party as well as the use of personal data of it.
This site is controlled and operated by TRUCCO'S FASHION S.A.S (owner of the TRUCCOSJEANS brand in Colombia) from its offices located in Colombia. TRUCCOS is not responsible for the appropriate or available material on this site for use in Colombia and other countries, and its access from territories where its content is illegal is prohibited. Those who choose to access this site from other countries will do so on their own initiative and it is their responsibility to comply with applicable local laws. Any claims regarding the use of this site and the material contained there theree are governed by the laws of Colombia
It is prohibited to use the site improperly, falsify the identity of a user, use purchasing agents and carry out fraudulent activities on the site www.truccos.com.co. a Website dedicated to e-commerce through which products that are delivered in the Republic of Colombia and sold abroad, after verification by TRUCCO'S FASHION S.A.S .
The titles used in this agreement are included for convenience only and do not limit or affect these Terms.
To facilitate the understanding of these terms and conditions of use of the TRUCCO'S FASHION S.A.S website, it is necessary to clarify the meaning of the following words:
a) Contents. They involve all forms of information or data that are disclosed on the website, among which are: texts, images, photos, logos, designs, animations.
b) Intellectual Property Rights. They refer to all ownership rights in the information of TRUCCO'S FASHION S.A.S or any person who is a legitimate owner, such as: distinctive signs, trademarks, slogans, banners, logos, domain names, copyrights, databases, designs, content or any other work or intellectual creation linked to the object, operation or performance of the TRUCCO'S FASHION S.A.Swebsite.
c) Internet. Communication tool with tens of thousands of computer networks linked by the TCP/IP protocol. On this network you can use multiple services such as emails, www, etc.
d) Website. A hypertext or hypermedia result provided by a www browser after obtaining the requested information. Its content can range from short text to a wide range of texts, static or moving graphics, sound, etc.
e) Publish. Make a document visible from the website.
f) Services. These are the online aids that TRUCCO'S FASHION S.A.S currently provides or that intends to provide in the future to users, through this website, such as Publication of news or activities related to commercial management; online procedures; inquiries; forums, complaints and mailbox of claims, registration of customers or marketers, location maps, request for orders, catalog of collections, acquisition of merchandise, among others.
g) User or Customer. It is the natural or legal person or entity of any nature who enters the TRUCCO'S FASHION S.A.S website to access, subscribe or register to service from TRUCCO'S FASHION S.A.S for any reason, search or consult information of interest.
h) Link. Hypertext pointers that are used to jump from one information to another, or from one web server to another when browsing the Internet.
2. Industrial Property and Copyright
All trademarks, banners, logos, names and any other distinctive signs, as well as utility models and/or industrial designs and other inserted intellectual property elements, as well as all the computer, graphic, advertising, photographic material of multimedia, audiovisual and/or design, as well as all the contents, texts and databases made available to users, used and/or deplayed on this site are the exclusive property of TRUCCO'S FASHION S.A.S and in some cases are owned by third parties who have expressly authorized the website www.truccos.com.co for use and/or exploitation.
Likewise, the use www.truccos.com.co of some content owned by third parties is expressly authorized by law. All content in www.truccos.com.co are protected by the applicable national and international regulations on copyright and indutrial property without the written permission of TRUCCO'S FASHION S.A.S or the owner of the rights of same.
Nothing in www.truccos.com.co may be construed as granting any title, authorizations, licenses or any other right to use or dispose of any form of industrial property, without the written permission of TRUCCO'S FASHION S.A.S or the owner of the rights of same.
Except as expressly provided in these terms and conditions, any act of copying, reproduction, modification, alienation, exhibition, creation of derivative works, sale or distribution and/or display of the contents, in any way or by any means is prohibited, including, but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written permission of TRUCCO'S FASHION S.A.S or the copyright holder.
Under no circumstances do these terms and conditions confer rights, licenses and/or authorizations to perform the acts described above. Any unauthorized use of the contents will constitute a violation of these terms and conditions and the applicable current regulation on trademarks, copyrights and/or other intellectual property regulation. TRUCCO'S FASHION S.A.S grants the user a personal, non-transferable and non-exclusive license and right to deploy www.truccos.com.co on the screen of a computer or PDA device under their control.
Any unauthorized use will constitute a violation of these terms and conditions and current national and international regulation on Industrial Property and will result in appropriate civil and criminal actions
3. Truccos Liability Limitation
TRUCCO'S FASHION S.A.S assumes no responsibility for any damages and harm caused by any use of (or inability to use) the portals, use of (or inability to use) any portal to which the User makes 'hyperlink' from our portals, performance failure, error, omission, interruption, defect, delay in operation or transmission, computer virus or failure on the line. Under the terms indicated herein, the use of the website will be under the sole and exclusive responsibility of the user, except for the responsibilities established in the Colombian public policy regulations.
Such responsability shall extend to the use by the user or any third party of any password or similar devices assigned for access to the website or any of its services. Not with standing the foregoing, TRUCCO'S FASHION S.A.S reserves the right to deny at any time and without prior notice, access to the website, to those users who fail to comply with the Terms and Conditions set forth herein.
TRUCCO'S FASHION S.A.S assumes no responsibility for the information provided on the website, including, but not limited to the notes of interest, opinions, concepts, events, regulations, etc. This website is provided to the user on the basis of 'as is' and 'as available' and accordingly, TRUCCO'S FASHION S.A.S makes no warranties of any kind, expressly implicitly or otherwise. Therefore, TRUCCO'S FASHION S.A.S is not responsible for any interruption in the service of this website, inaccuracy, error, inaccuracy that will be presented in the content of the same. The server may be disconnected without notice, TRUCCO'S FASHION S.A.S will do everything necessary to reduce the impact for maintenance as small as possible.
Neither TRUCCO'S FASHION S.A.S nor any other party involved in the creation, production or delivery of this website shall be responsible for maintaining the material and services made available on this website or for providing corrections, updates or versions related to it. TRUCCO'S FASHION S.A.S may unilaterally and without prior notice modify the content whenever it deems appropriate, the structure and design, as well as modify or eliminate the services, contents and conditions of access and / or use of the website. TRUCCO'S FASHION S.A.S does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
Consequently, TRUCCO'S FASHION S.A.S shall not be liable for any damage caused by any alteration made to the materials or download files provided directly by the entity.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by third parties is the exclusive responsibility of the third parties who provided the document, and therefore TRUCCO'S FASHION S.A.S is not liable in any way for its content or any violation that may arise from the publication of such content.
Likewise, the user accepting these terms and conditions declares that the benefit, use of the services of the website or appearing registered or referred as a distributor or marketer of TRUCCO'S FASHION S.A.S does not form a work relationship with TRUCCO'S FASHION S.A.S of labor or Commercial Agency type, except for an express contract to this purpose. The User does hereby waive the right to file a judicial or extrajudicial claim in that regard.
4. Accuracy, completeness and timeliness of information
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the website. The user agree that it is their responsibility to monitor changes to the website.
The correct display is subject to the resolution of the computer screen or mobile device used by the client to enter the website (computer, tablet, smartphone, or any other). Likewise the photos of TRUCCO'S FASHION S.A.S products are taken in photographic studios and scenarios that have varied lighting, in addition to the exterior, their brightness in greater or lesser amount can generate variations in the actual colors of the product, causing them to gain or lose strength in their intensity.
We do not guarantee that all the product display variables and the perception of the product that each buyer may have, are identical to what was developed by TRUCCO'S FASHION S.A.S.
5. Use and access to the portal
Anyone with internet access and through the use of a browser, whether through a mobile device or a computer, will be able to access the information contained within the website. Despite the foregoing, the website may have exclusive functions, sections or areas whose access will be enabled only for its registered users or for those who meet the conditions established in the portal or any other parameter considered by TRUCCO'S FASHION S.A.S.
The use and registration as a user of the website is available only to those persons who have already reached the age of majority in accordance with the Laws of the Republic of Colombia or for legal persons duly represented and whose registration may be subject to verification. It is essential to register as a user of the website the full and unreserved acceptance by the user of both the processing corresponding to his personal data in accordance with the policy of processing personal data, as well as of each and every one of the terms and conditions of use established by TRUCCO'S FASHION S.A.S when providing the registration form or when making any type of purchase through our portal. Any violation of the terms and conditions mentioned herein will empower TRUCCO'S FASHION S.A.S to terminate, suspend or prevent user access to the portal and/or other services related to or offered by TRUCCO'S FASHION S.A.S.
6. Conditions of access to the online store
The services offered by TRUCCO'S FASHION S.A.S are only available to elderly people who are in full capacity to contract. Taking into account the above, minors should refrain not only from using the portal, but also from supplying their personal data to the databases or spaces offered by our site. In the event that the attendant or representative of a minor discovers that the website is being used by a user without the ability to contract, they may contact us through the information provided in this document in order to remove the personal data of the minor from our databases.
You may not use our products or our website for any illegal or unauthorized purpose by TRUCCOS. Nor may you, in your use of the Service, violate any law in your jurisdiction (including, but not limited to, copyright or intellectual property laws).
The user must not transmit viruses or any code of a destructive or malicious nature. It is prohibited to use the site improperly, misrepresent a user's identity, use purchasing agents and carry out fraudulent activities on the website. Failure or violation of any of these Terms will result in the immediate termination of services and possible legal action.
7. General terms and conditions of the contract of sale
Through the acceptance of these terms and conditions the user understands that the type of contract to be entered into between the parties is a consensual, bilateral, onerous and typical contract of sale by which TRUCCO'S FASHION S.A.S is obliged to transfer ownership on a product(s) and/or service(s) in your favor (the buyer(a)) in exchange for the latter paying a price in cash
TRUCCO'S FASHION S.A.S reserves the right to refuse the provision of service to any person, for any reason and at any time.
The User understands that the user's personal data (not including the user's credit card information or other form of payment), may be transferred without encryption and involve (a) transmissions through various networks; and (b) changes to fit or adapt to technical networking or device connection requirements. Credit card information is always encrypted during transfer over networks.
The user's agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service, or access to the Service or any contact on the website through which the service is provided, without the express written permission of us.
8. Purchase and improvement procedure
To make a purchase the user must follow these steps:
1. To search for the product you want to buy you can do so by browsing through the website or use the search bar.
2. Choose the product the user wants, and add it to the shopping cart by clicking the BUY button.
3. Once the product has been added you can continue browsing and adding to the cart the additional products that you wish to purchase.
4. When all the products to be purchased have been added to the shopping cart, the user must go to it (it is at the top right of the portal). The user must verify the products they added in the shopping cart and click on PAY.
5. Diligence and verify personal data and delivery data.
6. Choose desired payment method and perform the procedure on the redirection generated by the site, depending on the payment option chosen.
7. Check the purchase confirmation message and wait for the confirmation email.
The contract for the sale of TRUCCO'S FASHION S.A.S products is perfected only when the customer submits the purchase offer and made the payment according to the payment methods offered by TRUCCO'S FASHION S.A.S on this website, taking into account the product offer made by TRUCCO'S FASHION S.A.S.
In no event shall TRUCCO'S FASHION S.A.S be obliged under any circumstances to accept a purchase offer. The minimum quantity of products to purchase is 1 unit. The maximum quantity of products for purchase is 23 units.
The prices for our products are subject to change without prior notice. The total value of the purchase will consist of the following items at the user's expense: product value and taxes. The value of the shipment is not included in the value with which they are displayed of the products since it depends on the place of destination to which the product should be sent, but such shipping costs will be agreed separately at the end of the transaction informing the user of the value.
The prices and availability shown on the website apply only to purchases made through the website. Given the online update nature of the website, the price or availability of a product may change at any time and without prior notice. The price will be the one in force at the time of confirming the order on the order form of the website.
10. Payment Terms
Once the order is confirmed, it will be automatically redirected to the payment gateway. The corresponding payment process must be followed there. TRUCCO'S FASHION S.A.S does not store customer financial information. All orders within the Colombian territory will be exhibited and processed in Colombian pesos (COP).
11. Payment methods.
Payments made in accordance with these terms and conditions will be made through the means of payment available on the website. Confirmation of transactions through the portal is subject to authorization of credit card systems or online bank transfer systems available on the site.
The user acknowledge and agree that the website does not control in any way the pages on which transactions are made through credit cards or online bank transfer. Consequently, in no case will TRUCCO'S FASHION S.A.S be responsible for the handling of the information that the user must provide to the banks entities during the realization of such transactions. This, since the handling of the transmission and file of the aforementioned information is the sole responsibility of the banks and financial entities to which the cardholder or user is affiliated.
It is also important to note that TRUCCO'S FASHION S.A.S will not be responsible for the efficient and secure operation of the portals or payment platforms used to carry out payment transactions of the products and services offered by the website. The user will hold TRUCCO'S FASHION S.A.S indemnity with respect to any action, claim or controversy that may arise between the user and the online payment portals or similar.
TRUCCO'S FASHION S.A.S controls all orders placed in order to avoid abusive practices and fraudulent purchases. We reserve the right to refuse a delivery or processing ordersplaced by a customer who has not paid (partially or completely) a former order, order or where there is any dispute with the credit card or debit card holder.
11.1. Payment by credit card
The credit card must be authorized by the issuing bank for online purchases, in addition, the user must correct, verify and enter the card details: franchise, expiration date, full number and security code number.
Users are advised to validate the value of the products they will purchase with the credit card quota or fund. All banks perform a process of validation of purchase veracity and card, times vary depending on each bank, in this case, the approval time of the order is at the responsibility of the card issuing bank, these validations and approvals, are not the responsibility of TRUCCO'S FASHION S.A.S. The delivery time will begin to run once the bank approves the payment.
11.2. Payment with a discount coupon.
The coupon must be cashed into the portal shopping cart, the user must select the option "add discount coupon" or any in its stead, and enter the discount coupon code in the corresponding box and click the add button. If the coupon is approved by the system, the account value will be reset so that the user can proceed to pay the surplus using the chosen means of payment. The user must enter the coupon code correctly, respecting uppercase, lowercase and numbers.
11.3. In-person cash payment.
TRUCCO'S FASHION S.A.S. reserves the right to grant or not the possibility for the user to make the payment in person in cash. For this purpose TRUCCO'S FASHION S.A.S. will separate the garment, but the sale will not be confirmed until the order is paid in full at the points assigned to do so in person and in the time stipulated to do so, which will be forty-eight (48) hours from the moment the products are separated and the user's have the coupon or code to make the face-to-face purchase. If the above term expires and the product was not paid for, the garment will return to the stock of the virtual store at www.truccos.com.co. If the process of in-person purchase of the product is completed within the stipulated dates and in the assigned establishments, the product will be dispatched once TRUCCO'S FASHION S.A.S. is informed of the payment.
TRUCCO'S FASHION S.A.S. is not responsible for payments for products and shipments outside of the times stipulated to do so in face-to-face sales.
Face-to-face payment in TRUCCO'S FASHION S.A.S. will be for Metropolitan Area only via Whatsapp, in the customer service line +57 314-865-1454 and is subject to product availability verification by the consultant. The user will agree with the consultant on the day and date to complete the of payment (no more than 5 business days) and go to the TRUCCO'S FASHION S.A.S. facilities on the specific date agreed, The customer care representative will receive the payment at the company's facilties and the client will then receive the product.
The payment gateway chosen for the virtual store at www.truccos.com.co is Epayco, and has face-to-face payment in Baloto, Efecty and Banks and it is Epayco will automatically reports the accepted payment once it was received, the cancellation of the order if the payment period (5 business days) expired or if the payment was rejected for another reason. Other payment gateway may apply to enhace the process national and internationally.
12. Right of Withdrawal
As stipulated in article 47 of Colombian Law 1480 of 2011, the conditions for exercise the right of withdrawal are described below:
"In all contracts for the sale of goods and the provision of services through financing systems granted by the producer or supplier, the sale of timeshares or sales using non-traditional or remote methods, which by their nature should not be consumed or have not begun to be implemented within five (5) days, the right of withdrawal by the consumer <sic>In the event in which the power is made the contract will be terminated and the money that the consumer has paid must be refunded.
The consumer must return the product to the producer or supplier by the same means and under the same conditions in which he received it. Transportation costs and others in the return of the good will be covered by the consumer.
The maximum term for exercising the right of withdrawal shall be five (5) working days from the delivery of the good or the conclusion of the contract in the event of the provision of services.
The following cases are exempt from the right of withdrawal:
1. In contracts for the provision of services whose provision has begun with the consumer agreement;
2. In contracts for the supply of goods or services whose price is subject to fluctuations in financial market coefficients which the producer cannot control;
3. In contracts for the supply of goods made in accordance with consumer specifications or clearly customized;
4. Contracts for the supply of goods which, by their nature, cannot be returned or may deteriorate or expire rapidly;
5. In betting and lottery service contracts;
6. In contracts for the acquisition of perishable goods;
7. In contracts for the acquisition of personally used goods.
The supplier must refund in cash to the consumer all sums paid without any discounts or withholdings. In any case, the return of the money to the consumer may not exceed thirty (30) calendar days from the time he exercised the right."
Notwithstanding the above, and in order to execute the right of withdrawal THE CONSUMER must meet certain general requirements, which are detailed below:
12.1. General Conditions for withdrawal
- The product must not be damaged or deteriorated by actions attricutable to user.
The product must have labels, bill of sale, accesories and packaging (including manuals, user guides, warranty certificates, etc).
- The product should not show signs of use, dirt or wear.
- The product must not have more than FIVE (5) business days of delivery.
The purchased product must not incur the exceptions to withdrawal as indicated above.
12.2. Withdrawal Logistics Conditions
- The consumer must return the product purchased by the same means and under the same conditions in which the user's received it. Transportation cost and others in the return of the good will be covered by the consumer of the product.
12.3. Withdrawal Refund Conditions
- In the event that the product complies with all the conditions stipulated in law 1480 of 2011 TRUCCO'S FASHION S.A.S. will proceed to make the refund the money without any discount or deduction within a maximum period of thirty (30) calendar days from the moment the consumer exercised the right.
13. Reversal of payment
The Colombian law provides that in sales made through e-commerce mechanisms, such as the Internet, and a credit card, debit card or any other electronic payment instrument has been used to make the payment, the participants in the payment process must reverse the payment requested by the consumer when it is the subject to fraud, or corresponds to an unsolicited operation, or the product purchased is not received, or the product delivered does not correspond to what was requested or defective. The bank is responsible for meeting the time to make the reversal of the payment.
As stipulated in article 51 of Colombian Law 1480 of 2011, the conditions for the reversal of payment will be as described below:
"Whenever the sales of goods are made through e-commerce mechanisms, such as the Internet, PSE and/or call center and/or any other telesales mechanism or virtual store, and a credit or debit card, or any other electronic payment instrument has been used to make the payment, the participants of the payment process must reverse the payments requested by the consumer when it is the subject of fraud, or corresponds to an unsolicited transaction, or the purchased product is not received, or the delivered product does not correspond to the requested or defective.
For the reversion of the payment to proceed, within five (5) business days of the date on which the consumer was aware of the fraudulent or unsolicited transaction or that he must have received the product or received it defective or without corresponding to the request, the consumer must file a complaint with the supplier and return the product, where appropriate , and notify the issuer of the electronic payment instrument used to make the purchase, which, together with the other participants in the payment process, will proceed to reverse the transaction to the buyer.
14. Product shipping and delivery policy
The products will be sent through a national logistics and transport operator, recognized in Colombia. The value of the shipment shipment will be agreed separately at the end of the transaction informing the user of the value of the same and is not included for deliveries abroad. Taxes on import or export fees or charges, caused by customs in other countries will not be included in the price of the garment.
For cash purchases, the shipment of the garments will be made once the payment of the same has been confirmed and will only apply in the Colombian territory.
We do not currently have sales and delivery capacity worldwide. If the user wishes to purchase our products and is in a country where we do not have delivery capacity, please contact email@example.com via e-mail before making the purchase as the value of the freight will be determined by the cost determined according to previous analysis of the geographical location, weight and volume of the order to be shipped.
The shipping times will be those determined by the national logistics operator, which correspond to the following for the Colombian territory:
1.National main and intermediate cities between three (3) and five (5) working days that have delivery capacity. • Zonal municipalities and other destinations between five (5) and ten (10) business days. • Air zones, special destinations and international shipments between ten (10) and twenty (20) business days.
2. Delivery days are counted on business days, which correspond from Monday to Friday. Saturdays and Sundays DO NOT count as business days, For orders approved on Saturday, Sunday or holidays, delivery time will start counting from the next business day.
Orders that occur within the Colombian territory before 9:00 a.m. Colombian time (GMT-5) count as orders placed on the same day; after 9:00 a.m. (GMT-5), for orders placed, their official delivery time will be counted from the next business day.
3. TRUCCO'S FASHION S.A.S. does not undertake to make deliveries at an exact time and will be subject to the delivery times of the logistics operator.
4. Tracking code. Once the transaction is processed, that is, it is approved by the bank, a tracking code will be granted with which the user will be able to know exactly what state your order is in.
5. Authenticity of information. The information provided in the form on the payment page is used for the delivery of the product, which is why it must be authentic and truthful. TRUCCO'S FASHION S.A.S. is not responsible for packages not delivered for errors in the information provided such as:
• Wrong or incomplete address.
• Wrong or incomplete name.
• Incomplete or non-existent contact details.
It should be noted that the delivery of the product will be made at the address indicated by the buyer to any person of legal age who inhabits or is present at the place of delivery, for which the signature of the carrier's guide or the delivery report will suffice.
8. Returned Packages. In the event that the package cannot be delivered either due to errors in the information provided (the delivery address was not found, the recipient's name does not correspond to the address provided) or due to logistical problems beyond our control, it will be the responsibility of the user.
Any extra expenses incurred for the reasons mentioned in this section will be borne entirely by the user. In the case that the product has signs of damage or ruptures in its packaging at the time of delivery, it must be recorded in the logistics operator's guide as an observation and contact the customer service line to process and respond to the request.
9. Customs process. The moment the user's package enters the destination country, it will go through a series of filters at national customs. Please note that sometimes customs authorities may delay the processing of packages and this may affect delivery times offered by us.
Announcement in relation to covid- 19 some packages may experience delays in shipping because the logistical service operator will attempt to bring supplies to the extent thet global and/or national blockades for each of the respective nations allow delivery thereof.
In case of experiencing inconvenience with the shipment or delivery of the product, the user can contact email firstname.lastname@example.org,Whatsapp +57 314-865-1454 or telephone line +57 (4) 512-0440 Ext. 123 in the city of Medellin, Colombia.
The product will be delivery to the address indicated at the time of submitting the offer by the buyer to any person of legal age present at said address.
Billing will be done electronically, in accordance with the laws in force of the Republic of Colombia; by means of a data message to the email previously registered by the buyer in TRUCCO'S FASHION S.A.S.
TRUCCO'S FASHION S.A.S. reserves the right to reject any order placed by the buyer. TRUCCO'S FASHION S.A.S. may, at its discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
In the event that TRUCCO'S FASHION S.A.S. makes a change or cancels an order, it will be notified by contacting the user via email and/or billing address or telephone number provided by the buyer at the time the order was placed. TRUCCO'S FASHION S.A.S. reserves the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, purchasing agents or distributors.
As a buyer, the user agree to provide current, complete and accurate information about the purchase and account used for all purchases made in our store. The buyer also undertakes to quickly update its account and other information, including its email address and credit card numbers and expiration dates, so that TRUCCO'S FASHION S.A.S. is able to complete transactions and contact you whenever is necessary.
16. Product Warranty
The legal guarantee is TRUCCO'S FASHION S.A.S' obligation to buyers to ensure quality, suitability, safety, good condition and operation of the products offered.
In order to be able to apply to the legal guarantee on the goods acquired, the product cannot present obvious symptoms of abuse, misuse or improper manipulation on it by the CONSUMER.
The legal guarantee offered by TRUCCO'S FASHION S.A.S. shall be submitted in accordance with law 1480 of 2011 and Decree 735 of 2013, and in particular to the following criteria:
16. 1. Term of legal warranty
TRUCCO'S FASHION S.A.S. will offer a guarantee for the term of ninety (90) calendar days from receipt of the product by the buyer, for factory defects, quality of the product offered according to its characteristics, ordinary defects or lack of suitability of the good for the purpose for which it has been created. The warranty shall not apply in the case of grounds of exemption as determined in Article 16 of Law 1480 of 2011.
16.2. Product out of warranty time
The product with a longer purchase period greater than set out in the previous paragraph shall not apply for the warranty.
16.3 Warranty Waiver
The warranty shall not apply in the case of grounds of exemption as determined in Article 16 of Law 1480 of 2011.
WARRANTY RETRICTIONS INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:
1. When the stipulated terms and deadlines are not met.
2. For the misuse of the product or it has not been used as per the instructions and / or user manual.
3. The product has been intervened or altered.
4. The product is not optimal conditions of cleanliness and hygiene.
16.4. Requirements and conditions that must be met to enter within the terms of the warranty.
The buyer must express the issue regarding a product under warranty within ninety (90) calendar days after receiving the product at the address indicated at the time of making the offer. Notification must be made via email email@example.com,Whatsapp +57 314-865-1454 or telephone line +57 (4) 512-0440 Ext. 123. If after ninety (90) calendar days after receiving the product, the buyer has not expressed the desire to execute the product warranty, it will be understood that the user has given up any claim with TRUCCO'S FASHION S.A.S. and the warranty will be terminated.
The shipment of the products requested to execute the warranty will be assumed by the CONSUMER, Instructions for returning the product will be sent via email once the request has been received.
When the product returned by the buyer is received at the TRUCCO'S FASHION S.A.S. facility, it will be reviewed and inspected that meets the conditions contemplated as collateral.
The buyer will be offered the possibility to make a change for a product of the same reference in another color or size, or a coupon for the same value of the product purchased to make a new purchase of a different garment only through the website www.truccos.com.co, or the return of the money. For any of the above cases, TRUCCO'S FASHION S.A.S. will carry out the operations within a maximum period of thirty (30) business days from the receipt of the product returned by the buyer, As international shipments product enters on customs and other countries taxes policies, returning of the product does not apply and there will be no place for compensation, interest or other items in favor of the buyer.
16.5. Claim for legal warranty for the same reason for the second time
In the event that the case notified to THE SUPPLIER, is diagnosed by the SUPPLIER as a matter of quality of the product and in turn corresponds to failure for the second time on the occasion of the same reason, for the solution of the same THE COSUMIDOR may choose a new repair, the change of the good or the return of the money, which will be coordinated between the areas in charge of THE PROVIDER, TRUCCO'S FASHION S.A.S. has ten (10) business days following the time the consumer makes available the good subject to the request for the effectiveness of the legal warranty.
16.6. Terms of reply for legal warranty not covered by these terms and conditions or In Colombian regulations
In any of the cases not covered by Law 1480 of 2011 or Decree 735 of 2013, TRUCCO'S FASHION S.A.S. will carry out the transactions within a maximum period of thirty (30) business days from the receipt of the product returned by the buyer, but there will be no place for compensation, interest or other items in favor of the buyer.
For all cases indicated above, it should be noted that, according to the shipment to the destination city to which the product will be shipped, the deadlines and times set out in the TRUCCO'S FASHION S.A.S product shipping policy must be taken into account.
17. Product Change Policy
A buyer who is not satisfied with a product, for one of the following reasons, may request the change of product, only under the following circumstances:
17.1. Size: In the case of receiving the garment with the size different from the one specified at the time of the order, it will be changed by TRUCCO'S FASHION S.A.S, Example: a size eight (8) is ordered and a size ten (10) arrives.
17.2. Color: If the garment purchased arrives in a different color than specified at the time of the order, Example: a military green trouser is ordered and comes beige.
17.3. Fit (Type of fabric or silhouette): In the event that the garment ordered does not fit according to the body of the person who made the purchase and does not fit in proper way, Example: the garment is very wide or narrow even with the right size, which makes it uncomfortable.
The buyer must express his desire to return or exchange a product within ten (10) calendar days of receipt of the product at the address indicated at the time of making the offer. Notification must be made via email firstname.lastname@example.org,Whatsapp +57 314-865-1454 or on telephone line +57 (4) 512-0440 ext. 123. If after the term indicated above at the receipt of the product, the user has not expressed his desire to request the change of product, the company will not make the product change. Without prejudice to the legal guarantees that assist the buyer.
The shipment of the products that are requested to be exchanged for another product will be assumed by TRUCCO'S FASHION S.A.S, only for the first change. The products must be returned by the buyer in the same packaging that received it, without uses or modifications, with all labels and in the same state of preservation that was sent by TRUCCO'S FASHION S.A.S. Instructions for returning the product will be sent via email once the request has been received.
When the product returned by the buyer is received at the TRUCCO'S FASHION S.A.S facility, it will be reviewed and inspected that meets the conditions described above and if it is positive, the following alternatives will be offered to the buyer:
The user will be offered the possibility to make a change for a product of the same reference in another color or size, or a coupon for the same value of the product purchased to make a new purchase of a different garment only through the www.truccos.com.co website. For any of the above cases, TRUCCO'S FASHION S.A.S, will carry out the operations within a maximum period of thirty (30) working days from the receipt of the product returned by the buyer, but there will be no place for compensation, interest or other items in favor of the buyer.
Promotions only 20% of the value paid will be recognized, without prejudice to the right of withdrawal that assists the consumer under law 1480 of 2011.
18. Products or services displayed on the website, exlusive products, limitation of purchase quantities
Certain products or services may be exclusively available online through the website. These products or services may have limited quantities.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services we offer. All product descriptions or product prices are subject to change at any time without notice, in our sole discretion as long as they have not been published by TRUCCO'S FASHION S.A.S. We reserve the right to discontinue any product at any time. Any product or service offering made on this site is void where prohibited.
We do not guarantee that the quality of the products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
19. Promotions, news and updates
To be informed of special offers, the user must subscribe to the newsletter to stay aware of TRUCCO'S FASHION S.A.S.' events, promotions and news. the user can also find all the information on our website and on social networks: Facebook and/or Instagram, in the respective official TRUCCO'S FASHION S.A.S. profiles.
All SPECIAL offers of TRUCCO'S FASHION S.A.S. will be made through the official channels indicated above, For this reason, special offers that are made through non-office profiles of the company will not be recognized.
20. Third-party information and websites
The website may offer hyperlinks or access to webpages and content of other people or entities. TRUCCO'S FASHION S.A.S does not control, endorse or warrant the content contained on such sites. The user agrees that TRUCCO'S FASHION S.A.S is not responsible for any content, associated link, resource or service related to a third party's site. Likewise, the user accepts that TRUCCO'S FASHION S.A.S will not be responsible for any loss or damage of any kind arising from the use that is made of the contents of a third party. Links and access to these sites are provided solely for the convenience of the user.
The user does hereby acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without any endorsement. We will have no liability derived or relating to your use of tools or links provided by third parties.
Any use that users make of the optional tools or third-party links offered through the Site will be at the user's own risk and discretion so the user must ensure that is familiar and approves the terms under which these tools are provided by the third party provider(s).
New services and/or features may also be offered by TRUCCO'S FASHION S.A.S through the website (including the launch of new tools and resources) in the future. These new features and/or services will also be subject to these terms and conditions.
Third-party links on this site may direct the user to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant or be liable for any third party material or websites, or any third party materials, products or services.
We are not responsible for any damages or damages related to the acquisition or use of goods, services, resources, content, or any other transactions made in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before participating in any transaction. Complaints, claims, concerns or questions regarding third party products should be addressed to the third party.
Therefore, the user agrees that TRUCCO'S FASHION S.A.S is not responsible for any content, associated link, resource or service related to a third party's site. Likewise, the User accepts that TRUCCO'S FASHION S.A.S will not be responsible for any loss or damage of any kind arising from the use that is made of the contents of a third party. Links and access to these sites are provided solely for the convenience of the User.
Establishing a link with another company's website, entity or program does not necessarily imply the existence of relationships between TRUCCO'S FASHION S.A.S and the owner of the linked site or website, nor the acceptance or approval of its contents or services. Those who intend to establish a link will ensure that it only allows access to the web home page. Likewise, they must refrain from making false, inaccurate or incorrect statements or indications about TRUCCO'S FASHION S.A.S or include illegal content, or contrary to good customs and public order.
Likewise, TRUCCO'S FASHION S.A.S is not responsible for information outside its website and is not managed directly by the website administrator www.truccos.com.co. The links that appear on the website are intended to inform the user about the existence of other sources that can expand the contents that it offers, or that relate to them. TRUCCO'S FASHION S.A.S does not guarantee or be responsible for the operation or accessibility of the linked websites; nor does it suggest, invite or recommend visiting them, so TRUCCO'S FASHION S.A.S will not be responsible for the result obtained.
TRUCCO'S FASHION S.A.S is not responsible in any case and under any circumstances for attacks or incidents against the security of its website or against its information systems or for any unauthorized, fraudulent or unlawful exposure or access to its website which may affect the confidentiality, integrity or authenticity of the information published or associated with the contents and services offered on it.
Likewise, they must refrain from making false, inaccurate or incorrect statements or indications about TRUCCO'S FASHION S.A.S or include illegal content, or contrary to good customs and public order.
21. User feedback, feedback and other submissions
If, at our request, the user submits certain specific submissions (e.g. participation in contests) or without an order from us the user submits creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, 'comments'), the user agrees that we may, at any time, without restriction, edit, copy, post, distribute, translate or otherwise use any feedback the user have submitted. We have and will have no obligation (1) to keep any comments confidential; (2) pay compensation for comments; or (3) respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we deem illegitimate, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable or violate the intellectual property of either party or the terms and conditions.
The user agrees that their comments will not violate the rights of third parties, including copyright, trademark, privacy, personality or other personal or property rights. the user further agrees that their comments do not contain defamatory or illegal, abusive or obscene material, or contain computer viruses or other malicious program that may in any way affect the operation of the service or any related website. The user may not use a false email address, use any non-legitimate identity, or mislead third parties or us as to the origin of your comments. The User is solely responsible for the comments made and their accuracy. We are not responsible and assume no obligation with respect to comments posted by the user or any third party.
22. Availability of Information
TRUCCO'S FASHION S.A.S does not guarantee the operation of the communications network and therefore assumes no responsibility for the availability of this website. The server may be disconnected without notice, TRUCCO'S FASHION S.A.S will do everything necessary to reduce the impact for maintenance as small as possible.
23. Responsibility for the Information contained
TRUCCO'S FASHION S.A.S does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in the user's computer system (software and hardware) or in the electronic documents and files stored in the computer system.
Accordingly, TRUCCO'S FASHION S.A.S shall not be liable for any damage caused by any alteration to the materials or download files provided directly by the entity.
24. Errors, inaccuracies and omissions
From time to time there may be information on our site or on the service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, product shipping costs, transit time and availability. No updated specification or update date applied on the service or any related website should be taken to indicate that all information on the service or any related website has been modified or updated.
25. Prohibited Uses
In addition to other prohibitions as set forth in the terms and conditions, the use of the site or its content is prohibited: (a) for any illegal purpose; (b) to ask others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate the intellectual property right of us or third parties; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that is or may be used in any form that may compromise the functionality or operation of the Service or any related website; (h) to collect or track personal information of others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security elements of the service or any related website, other websites or the Internet. We reserve the right to suspend the use of the service or any related website for violating any of the items of prohibited uses.
26. Indemnity and compensation for damages
The user agrees to indemnify, defend and hold indemnify TRUCCO'S FASHION S.A.S and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, dealers, service providers, sub-contractors, suppliers, inmates and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party because of or as a result of your breach of the terms and conditions or documents incorporated as a reference , or violation of any law or the rights of third parties.
In the event that any provision of these Terms of Service is found to be illegal, null or unejectable, such provision shall nevertheless be effective in obtaining the maximum extent permitted by applicable law, and the un enforceable party shall be deemed separate from these Terms of Service, such determination shall not affect the validity of enforceability of the other remaining provisions.
28. Effects on termination of these terms and conditions
The obligations and responsibilities of the parties incurred prior to the date of termination of these terms and conditions shall survive termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by the user or us this agreement. The user may terminate these Terms of Service at any time by notifying us that does not longer wish to use our services, or when the user stop using our site.
If in our opinion, failures, or is suspected of failure, in compliance with any term or provision of these terms and conditions, we may also unilaterally terminate this agreement at any time without notice, and the user will remain responsible for all amounts due up to the date of termination; and/or consequently we may deny the access to our services (or any part thereof).
29. Personal Data Protection and Processing Policy
The security of personal data is a priority for TRUCCOS FASHION S.A.S., therefore, we inform that we have implemented and complied with the security levels required by the current regulations in terms of data collection, handling and protection.
This website strives to provide the highest level of security for which advanced technology is used. However, considering the state of data transmission technology over the Internet, no system is currently 100% secure or free of attacks. Consider the protection methods used by TRUCCOS FASHION S.A.S. to protect your data and privacy, and please inform us of any concerns, doubts or comments to email email@example.com, data Whatsapp +57 314-865-1454 or telephone line +57 (4) 512-0440 ext. 123 in the city of Medellin – Colombia.
TRUCCOS FASHION S.A.S. respects your privacy. All information you provide to us will be treated with the greatest care and with the greatest possible security, and will only be used in accordance with the limits set forth herein and for marketing-related activities in accordance with the parameters previously approved by the user. Notwithstanding the foregoing, at any time the user may request an update of the information, and/or the removal of our database, for which the user may contact our service lines, or to the firstname.lastname@example.org.
TRUCCOS FASHION S.A.S. only collects the user's personal data when the user provide it directly, as well as when the user provide our contact forms, information form, and/or marketing events, fairs among others.
The information provided by the user to TRUCCOS FASHION S.A.S. its purpose is the development of the company's social object, its parent company, subsidiaries, subsidiaries, controlled and the like, including but not limited to: statistical, commercial, informational, product tracking, marketing, notification and customer contact purposes for security and/or satisfaction campaigns, relational and/or similar marketing, verification in risk centers, accounting and payroll aspects, and others applicable to each of the holders.
Non-identifiable and statistical information may also be shared with business partners. With the exception of the above cases, TRUCCOS FASHION S.A.S. will not share information that could personally identify its customers.
The user also has an important role to play in protecting their privacy. We recommend the user to disconnect from the TRUCCOS FASHION S.A.S. site and close thir browser window at the end of your visit so that third parties do not have access to your personal data, especially when the user uses public or shared equipment. TRUCCOS FASHION S.A.S. will not be liable in the event that the user does not take these recommendations into account, nor for the damages caused by such carelessness.
If the user is a minor, the user cannot register on our website, so the user will not be asked for personal data. If the user wants access, ask for an accompaniment from their parents or legal guardian.
These policies are intended for all our End Customers, Employees, Former employees, Suppliers, Contractors, Shareholders, and other holders and legitimization of the personal data recorded in each of our databases.
TRUCCOS FASHION S.A.S., identified with Nit No. 811.038.011 - 8, domiciled in the city of Medellin - Antioquia, in Carrera 56 No. 46 - 49 Local 902, as responsible for the processing of personal data currently resting in the company's databases, informs by this means the Personal Data Processing Policies, which may be stored both nationally and internationally , use, circulation, deletion, reception, collection, updating, transfer, and transmission both domestic and international.
The purpose of the processing of these personal data is to develop the social object of the company, its parent, company, affiliates, subsidiaries, controlled companies and similar, including but not limited to: statistical, commercial, informative, product tracking, marketing, notification and customer contact purposes for security and/or satisfaction campaigns, relational and/or similar marketing, verification in risk centers, accounting and payroll aspects, and others applicable to each of the holders.
The holders of the information, as well as those legally legitimized, shall have the right to: access, know, update, rectify, revoke and request proof of authorization, as well as the deletion of personal data in the cases referred to in the Law, for which the user can send their request to email email@example.com, if the user prefers to contact Whatsapp +57 314-865-1454 or line +57 (4) 512-0440 ext. 123 or by website the www.truccos.com.co.
This Data Processing Policy refers to the use that TRUCCOS FASHION S.A.S., you will give the personal data in our records in accordance with the provisions of Law 1581 of 2012 and Decree 1377 of 2013, as well as the other decrees that govern, supplement or modify these provisions, for an indefinite term, or until TRUCCOS FASHION S.A.S. establishes and communicates it on this website.
30. User and password management
The User undertakes to keep confidential and with the utmost diligence his/her personal access key to the website.
31. Dispute Settlement
All disputes and/or claims that may arise from the commercial relationship, as well as for the use of the www.truccos.com.co website imply acceptance and submission to the laws and rules of the Republic of Colombia and will be resolved by the competent courts of the Republic of Colombia.
32. Applicable regulations
These terms and conditions, the contract and the legal relations arising therefrom, shall be governed by the laws of the Republic of Colombia.
33. Source of the Funds
The parties declare that their income comes from legitimate activities and have no records in negative domestic or international money laundering prevention lists, nor do they incur any category of money laundering and, consequently, undertake to respond, against the other party, for all damages they cause as a result of non-correspondence with the reality of this statement. In accordance with the foregoing, it will be fair cause to terminate the contract, the inclusion of either party, its shareholders or its legal representatives in the lists of OFAC or any local, foreign or international authority, as suspected of money laundering activities. Likewise, the party whose assertion is contrary to reality or to which it is included in the annotated lists, shall be liable to the other party for the damage caused to the party fulfilled.
PARAGRAPH. For all purposes "money laundering" is the set of procedures used to change the identity of illegally obtained money, so that it appears to have been obtained from legitimate sources. These procedures include concealing the provenance and true ownership of the funds.
35. Full agreement
TRUCCOS FASHION S.A.S.' failure, delay or tardiness in exercising or enforcing any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These terms and conditions and the policies or operating rules posted by TRUCCOS FASHION S.A.S. on this site or with respect to the service constitute the entire agreement of understanding between the user and us. These govern the use of the Service and supersede any prior or contemporatic agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions).
36. Doubts, clarifications or comments
In case of doubt, clarification or comment regarding the content of this website, regarding these terms and conditions or any other topic related to the products and / or services offered by TRUCCOS FASHION S.A.S, we invite the user to make their comment in our section "Contact us" or please contact our channels of attention, by mail to Carrera 56 Nro. 46 - 49 Local 902, from the municipality of Medellin – Antioquia, to our whatsapp chat (+57)314-865-1454 from Monday to Friday from 8:00 a.m. to 5:00 p.m. and Saturday from 8:30 a.m. to 12:30 p.m. , contact telephones (+57)(+574)512-2312, (+574)512-0440 ext 123, (+57)300-654-1508, (+57) 314-86-51454 and emails firstname.lastname@example.org, email@example.com.