LP ESCALANTE S.A.S. is a commercial company legally organized under the lawsof the Republic of Colombia, hereinafter referred to as THE COMPANY.
THE COMPANY owns the rights of ALMA SLEEPWEAR brand.
THE COMPANY, through ALMA SLEEPWEAR , makes sales through traditionalchannels (physical and face-to-face sales) and through unconventional channelsthrough the website and social media such as Instagram, Facebook, WhatsApp,among others.
In accordance with the corporate purpose of THE COMPANY and ALMASLEEPWEAR, the following general Terms and Conditions are established,hereinafter referred to as Terms and Conditions, for the correct operation, access,use, registration and performance of the commercial relations offered by THECOMPANY by conventional and electronic means, including, but not limited to,the website www.almasleepwear.com and social media such as Instagram,Facebook, WhatsApp, among others.
With the purpose of the correct performance of commercial relations offered byTHE COMPANY, the acceptance of these Terms and Conditions is essential.
These Terms and Conditions shall govern among THE COMPANY and all thosewho register at any web media of THE COMPANY and/or carry out anycommercial transaction through the physical or digital means offered by THECOMPANY, who hereinafter shall be referred to as THE CLIENTS.
Additionally, THE CLIENTS, at the time of registering and/or carrying out anycommercial transaction through the physical or digital means offered by THECOMPANY, accept that they know, accept and respect the Terms and Conditionspresented herein.
THE COMPANY reserves the right to modify these Terms and Conditions asdesired. Additionally, in the event that these Terms and Conditions are modified,THE CLIENTS shall be informed, so that they can review the modifications.
In the event that a person rejects these Terms and Conditions, she/he mustrefrain from using any of the aforementioned physical and/or digital means tocarry out any type of transaction through the aforementioned digital meansoffered by THE COMPANY.
Additionally, only those persons of legal age, duly identified with an Identity Card,Alien Identity Card or Passport, may register and/or use the physical and digitalmeans offered by THE COMPANY.
In order to carry out commercial transactions through the physical and digitalmeans offered by THE COMPANY, it is necessary for THE CLIENTS to registerproperly using the forms offered by THE COMPANY. For this, CLIENTS arerequired to submit personal and confidential information, this information shall beused exclusively by THE COMPANY and shall not be passed on to third parties,with the exception of that information necessary and required by the financialinstitutions used by THE CLIENTS in order to carry out a correct payment methodfor the commercial transactions that THE CLIENTS wish to carry out.
For the aforementioned to function correctly and for the correct performance ofthe commercial transactions offered by THE COMPANY through its digital media,it is necessary for THE CLIENTS to read, understand and accept the Terms andConditions for the use and Protection of Data, document offered by THECOMPANY by electronic means and available in physical stores for THE CLIENTSreading and study.
2.ACCESS AND USE CONDITIONS
The use of the physical and digital media offered by THE COMPANY is free ofcharge, with the exception of network connection charges offered by thetelecommunications companies contracted by THE CLIENTS.
THE CLIENTS undertake to make correct, legal and diligent use of the physicaland digital media provided by THE COMPANY, likewise the information containedwithin the digital media, in accordance with the provisions of Colombian laws andthese Terms and Conditions, for the use and Protection of Data, as well as thegood customs generally accepted by society.
THE CLIENTS accept that all data and information provided by them to THECOMPANY are authentic and updated; additionally, THE CLIENTS are solelyresponsible for the authenticity, update and legality of the data provided by them,and in such case of providing false, outdated and/or illegal data and information,they release THE COMPANY from any liability that may arise on it.
THE CLIENTS are solely responsible for their correct behavior and use of themeans provided by THE COMPANY while they access and browse theaforementioned digital media, as well as after accessing and browsing these digitalmedia.For the correct application of what is established above, THE CLIENTS commit tothe correct use of the contents offered by THE COMPANY through its physicaland digital means, these being: texts, images, graphics, designs, slogans, pictures,backgrounds, technology, texture, software, information, links, other audiovisualand sound content, source codes and graphic designs, in accordance with theprovisions of Colombian laws, these Terms and Conditions and the Terms andConditions for the use and Protection of Data provided by THE COMPANY for theproper functioning of commercial transactions among THE COMPANY, THECLIENTS and potential third parties (financial institutions, etc.)
In accordance with the foregoing, THE CLIENTS undertake to refrain from: thereproduction, copying, distribution, modification, publication and transformationof the previously provided content by THE COMPANY. The foregoing, with theexception of modifications, reproductions, copies, distribution, publication andtransformation of the contents when there is prior written authorization by THECOMPANY.
Additionally, THE CLIENTS must refrain from altering, modifying, deleting or inany other way changing the "copyright" and other indications of legitimate rightsreservation established by THE COMPANY.
In accordance with the foregoing, THE CLIENTS must also refrain from carryingout any of the following acts:
*Induce, incite, promote or adduce criminal, defamatory or violent acts contrary tolaw, morality and that violate generally accepted good customs and/or publicorder;
*Provide false, ambiguous, exaggerated, inaccurate or extra temporary information,in such a way that said information induces or may mislead THE CLIENT’s object,intentions or purposes;
*Make use of third-party elements currently covered by intellectual property rights,without obtaining prior authorization from the owners of said rights;
*Those considered or that could be used as illicit, misleading or unfair advertisingor that violate the current legislation that governs and regulates the protection ofpersonal data:
*Harm the infrastructure functionality of the digital media used by THE COMPANY,such as introducing computer viruses or carrying out actions that may alter, spoil,interrupt or generate errors or damages to electronic documents, data or physicaland logical systems of THE COMPANY or third parties; as well as hinder the accessof other CLIENTS to their digital media and their services through the massiveconsumption of computer resources through which THE COMPANY provides itsservices by traditional or electronic means (online);
*Cause, due to its characteristics (such as format or extension, among others),difficulties in the services normal operation offered by THE COMPANY digitalmedia;
*Disseminate criminal, violent, pornographic, racist, xenophobic, homophobic,offensive, discriminatory, pejorative content that threatens the dignity of THECOMPANY, advocates terrorism or, in general, is contrary to law or public order; Attempt to access the email accounts of other CLIENTS or restricted areas of thecomputer systems of THE COMPANY or third parties and, as the case may be, toextract information;
*Impersonate the identity of another CLIENT or third party.
The User will be liable for damages of any nature that THE COMPANY may sufferas a result of the breach of any of the obligations to which it is subject by virtue ofthese General Conditions of Use or the applicable laws in relation to the Website use.
3. LEGAL CAPACITY
Only those who have the legal capacity to contract and bind themselves can carryout commercial transactions with and through the means offered by THECOMPANY, for which THE COMPANY is not responsible for the veracity of theinformation provided by THE CLIENTS, including, but not limited to dates of birth,identification number and payment methods.
At the time THE CLIENTS carry out all the appropriate steps required by THECOMPANY to make the purchase, they express their consent to be part of thecommercial transaction in progress, and said consent is perfected, at the time ofreviewing and subsequent acceptance of the transaction summary that is providedto THE CLIENTS through the physical and/or digital means offered by THECOMPANY, where it is specified:
* Products individual price;
* Products to be purchased;
* Payment method;
* Shipping method (digital media);
* Shipping cost (digital media);
* Total cost of the transaction.
6.RIGHT OF WITHDRAWAL
Protected under the Consumer Protection Law, purchasing Users have thepossibility of exercising their right to withdraw their purchase as long as any andall of the following conditions are met:
1. Return of the purchased merchandise in perfect condition.
2. Return of the purchased merchandise new, that is, without having used it.
3. The returned merchandise, as well as its packaging, must be suitable for a newsale.
4. The right to withdraw must be exercised by the User, during the five (5) calendardays after the product delivery.
5. The product return can be done in person at our physical stores or through a mailcompany, costs and risks must be assumed by the User.
6. The User must assume all the costs inherent and related to the return.
7. The right of withdrawal does not apply to products that have been custom-madeor custom-ordered.
8. The right of withdrawal does not apply to products in promotion or discount.
THE COMPANY shall refund the money to the User, in a term not exceeding thirty(30) days, counted from the effective receipt of the product.