Terms and Conditions
These terms and conditions (hereinafter “TYC”) are applicable to the electronic commerce services provided by ZONA SERVIS SAS, a commercial company identified with NIT 900391320-3, through the website www.zonae.com (hereinafter ZONA E ). Anyone who wishes to access and / or use the site or services may do so subject to the present Terms and Conditions, along with all other policies and principles that govern ZONA E, especially in the authorization of use granted by it in favor of that:
ACCEPTANCE OF TERMS
By entering this Site, THE USER admits having read and understood these T&C and agree to abide by them and comply with all applicable laws and regulations that are part of Colombian Law. In addition, when THE USER uses any service provided on this Site, they will be subject to the rules, guides, policies, terms and conditions applicable to that particular service. ZONA E is not responsible for the material on this Site being appropriate or available for use in other places, accessing it from territories where its content is illegal is prohibited. Those who decide to enter this Site from other places will do so on their own initiative and it is their responsibility to abide by the local laws that are applicable. In the event that THE USER does not agree with these terms, please refrain from using this Site. Any claim in relation to this Site and the material contained therein is regulated by the laws of Colombia. These terms and conditions are subject to change without prior notice at any time, under the principle of autonomy of the will of ZONA E and from the date of modification of these terms and conditions, all operations between ZONA E and EL USER will be governed by the modified document, which THE USER already accepts
Once these T&C are accepted by THE USER, the USER will acquire the status of USER, together with the fulfillment of other requirements that will be stated later.
PLATAFORM DESCRIPTION
On the plataform ZONA E will be able to:
– Manage all products (create, add, delete, correct)
– Go to the payment platform that has been determined by ZONA E to verify your payments.
To know the publications of the products promoted by ZONA E, THE USER must not create a user account, nor will it be necessary to identify themselves. However, to make purchases, you must enter different data related to the purchase order, as well as use the means of payment indicated by ZONA Eand grant the different authorizations specified in the PERSONAL DATA TREATMENT POLICY
For the purchase process of any of the products published by ZONA E, THE USER must follow the following procedure:
a.Entering the Platform through the Internet, at which time it is not required to have full identification of the buyer.
b.Select the product: this, through photographs and descriptions published by ZONA E, which allow it to be individualized and which must fully correspond to the delivered product. ZONA Ewill indicate the characteristics and basic qualities of the product offered, as well as the USER’s obligation to inform himself adequately about the conditions set forth there before placing the purchase order.
c.Entry of the product to the shopping cart. This entry indicates the express unequivocal statement of THE USER of acquiring a specific product, after having analyzed the information published by ZONA E and agreeing with what is stated therein.
d.Value. Once the preceding steps have been completed, the amount to be paid for the purchase of the selected product or products is made available to THE USER. Said value must indicate: i) The value of the product; ii) discounts when applicable.
e.Payment. THE USER will make the payment through the platform established by ZONE E. The purchase is understood to be completed, once the payment platform confirms the approval of the payment of the products through its platform.
CAPACITY
ZONA E Services are only available to people who have the legal capacity to contract. The services may not be used by people who do not have that capacity, minors, THE USER of ZONA Ethat has been temporarily suspended or permanently disabled.
ZONA E, in any case, will presume in good faith that it is contracting directly with a capable person or with its legal representative duly empowered to carry out this type of operations or with the person to whom the latter grants power; not assuming any responsibility for any personal impersonation of THE USER
DEFINITIONS
Electronic Commerce: It covers the issues raised by any relationship of a commercial nature, whether contractual or not, structured from the use of one or more data messages or any other similar means. Relations of a commercial nature include, but are not limited to, the following operations: any commercial operation for the supply or exchange of goods or services; any distribution agreement; any representation operation or commercial mandate; all kinds of financial, stock market and insurance operations; construction of works; consulting; engineering; licensing; any agreement for the concession or exploitation of a public service; joint venture and other forms of industrial or commercial cooperation; transport of goods or passengers by air, sea and rail, or by road.
Cookies: it is a data package that a web browser stores automatically on the equipment of a ZONA E USER when he or she visits the platform. The cookie is sent from the server to the web visitor. Subsequently, each time THE USER visits that same web page or some other of the same domain, the cookie will be read by the web browser, without being modified, and returned to the web server.
Consumer: any natural or legal person who, as the final recipient, acquires a certain product within ZONE E, whatever its nature, for the satisfaction of their own, private, family or domestic and business need when it is not intrinsically linked to their activity economical.
Operator: In charge of operationally and functionally managing the Platform, which for these terms will be ZONE E, or by the natural or legal person designated by it.
Personal Data: It is all information that allows to identify or make identifiable a natural person.
Interaction of the Plataform: Faculty of access by THE CLIENTS to know the products exhibited in ZONE E, the advertising made available on the Platform and express their willingness to request a commission.
Legal age: Natural person over eighteen (18) years old.
Data Messages The information generated, sent, received, stored or communicated by electronic, optical or similar means, such as, among others, Electronic Data Interchange (EDI), Internet, electronic mail, telegram, telex or the fax.
Plataform Web application managed by ZONA E, which allows the concurrence of USERS so that through purchase and sale contracts they acquire the goods or services published by ZONA E.
Payment Gateway: Platform external to ZONA Ethat allows USERS to make payments through electronic means using technological platforms (software).
Advertising It is any form of communication carried out by ZONA E, in order to provide information about products, commercial activities and communicate advertising or marketing strategies or campaigns, own or of third parties; made as a reference mechanism and not as a public offer.
Product: Consumer good exhibited through the Platform.
Pop-ups Internet window or notice that automatically pops up at any time when using the ZONA E platform.
OBLIGATIONS OF THE PARTIES
Zona E obligations:
1.Comply with all the regulatory obligations required for the commercialization of the products it promotes.
2.Assume responsibility and comply with all the obligations acquired with THE USER once he makes the purchase, as well as the tax charges that this may generate.
3.To comply with the fiscal or tributary obligations that are generated by the activities carried out within the PLATFORM that are of their charge.
User obligations
1.To inquire about the quality of the products you wish to purchase, as well as the instructions provided by the producer or supplier in relation to their proper use or consumption, conservation and installation.
2.By making an offer for one of the products offered by ZONA E, THE USER agrees to be irrevocably bound by the conditions of sale included in the description of the item to the extent that they do not violate the laws or the General Terms and Conditions and other policies of the ZONA E platform.
3.To be solely responsible for the fulfillment of fiscal or tributary obligations that are generated by the activities of THE USER carried out within the platform, exonerating ZONE E.
4. THE USER may require ZONA E to issue an invoice that meets all the requirements required by law and in which all the items generated by their purchase can be evidenced.
PROHIBITIONS
THE USER may not: (a) manipulate the prices of the items; (b) publish or sell articles within THE PLATFORM; (c) insult or attack other USERS or ZONA E; (d) encourage, help or authorize any other person to, copy, reverse engineer, decompile or disassemble, or in any other way manipulate, the ZONA E platform, either in part or in whole, or create Derivative works from or on ZONE E.
This type of activity will be investigated by ZONA E and the offender may be sanctioned in any other way that ZONA E deems appropriate, without prejudice to the legal actions that may arise due to the configuration of crimes or contraventions or the civil damages that it may cause. to other USERS and / or ZONE E.
RESPONSIBILITY
ZONA E is a platform that markets products in a virtual space that is accessed for free, as well as allows THE USER to know and buy said goods offered on the platform. Therefore, the corresponding sales contract that is generated once the purchase of any product sold by ZONA Ehas been made, concerns solely and exclusively THE USER and ZONA Eof said product. ZONA E is then responsible for the sale and shipment of its products, as well as offering assistance regarding the buyer’s claims, or regarding any matter related to said contract between the buyer and seller, such as the effectiveness of the guarantee. misleading advertising and any other right that may be considered affected by the contract made.
ZONA E, in compliance with its legal obligations, has established a procedure to receive requests, complaints, requests and claims related to the products and services offered on the platform, among which are those related to the effectiveness of the guarantee and the right of withdrawal. , among others, without this preventing THE USER at their free choice from making their respective claim to ZONA Eor directly to the manufacturer of the product purchased.
PLATAFORM AVALITY
ZONA E manages the ZONA E Platform directly or through third parties, all the information that is communicated there corresponds to true and updated information. In no case will it be liable for direct or indirect damages suffered by THE USER due to the use or inability to use the Platform. Although ZONA E will make its best effort to ensure availability for access and use of it 24 hours a day, however, due to the very nature of communication via the Internet, it is not possible to guarantee the absolute availability of the system. in every moment. On the other hand, THE USER accepts the access restrictions or suspensions that should be made to ZONA E occasionally to carry out maintenance or repair of its platform.
ZONA E will not be liable for: (i) any loss that is not attributable to any breach on your part; (ii) business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); (iii) any indirect or consequential loss that was not reasonably foreseeable for ZONA E (iv) delay or failure to comply with obligations due to circumstances beyond our reasonable control.
INTELLECTUAL PROPERTY
THE USER expressly acknowledges that the full and exclusive legitimacy and / or ownership of each and every one of the elements of the platform object of this contract, such as images, advertising, names, brands, slogans and other elements of intellectual property belongs to ZONA E , either because they are his property, because he has authorization to make them available, or because he is empowered to do so by virtue of decisions 351 of 1993 and 486 of 2000 of the Andean Community of Nations and Law 23 of 1982 and the rest Applicable rules regarding Intellectual Property.
BUYING INSTRUCTIONS
ZONA Emust guarantee compliance with the purchase made by the USER of the products published immediately or partially after payment has been made and its effectiveness confirmed. The approval of the payment will be understood to have been perfected by means of an email addressed to the address provided by THE USER that expresses the confirmation of the payment. The USER must take into account that the submission of the information or transaction does not mean acceptance of any sale.
In the event that ZONA E for any reason does not accept the sale formulated in whole or in part, it will proceed to return the money in whole or in part, as appropriate, to the account owned by the offeror with respect to which the money transfer was made. in an amount identical to that consigned in our accounts, without any type of interest, compensation or other items or, failing that, to any account of the holder that he solemnly certifies through bank certification. The request for a refund must be made by THE USER directly to ZONE E, in accordance with the procedure established in these terms and conditions.
PUBLICARIONS REQUIREMENTS
ZONA E will inform or publish the transport and shipping rate that the goods will have, which will be generated depending on the costs, items and policies of the transporting company, which are independent, autonomous and outside ZONE E. It must take into account the place of the Colombian territory to which the purchased products should be sent, their size and weight.
COSTOS ASSOCIATES WITH THE PLATFORM
The access and use of the ZONA Eplatform for THE USER will be free of charge
PAYMENT GATEWAY AND OTHER FORMS OF PAYMENT
The requirements to use the payment gateway will be informed by the platform established by ZONA E when the USER makes the purchase. THE USER, to make use of said payment platform, must accept the terms and conditions established by said platform, who will also be in charge of establishing the forms of payment and other functionalities of its platform.
Likewise, THE USER may also make the payment by consignment or bank transfer directly to the account of ZONE E. To do this, they must previously communicate through the channels or means provided by ZONA E for customer service, through the “Contact” option on the website www.ZONA E.com, in which you will be given the data to carry out the banking operation. Once the payment has been made, the purchase confirmation will be made under the same terms indicated in the “PURCHASE INSTRUCTIONS” section of these Terms and Conditions
RIGHT OF WOTHDRAWAL
ZONA E will inform THE USER in its publications how to exercise the right of withdrawal. The maximum term to exercise the right of withdrawal will be five (5) business days from the conclusion of the contract in the event of the provision of services. The following cases are excepted from the RIGHT OF WITHDRAWAL:
·In contracts for the supply of goods or services whose price is subject to fluctuations in financial market coefficients that the producer cannot control.
·In contracts for the supply of goods made according to the consumer’s specifications or clearly personalized.
· In contracts for the acquisition of goods for personal use.
ZONA E must return in money to the consumer all the sums paid without proceeding to make discounts or withholdings for any concept. In any case, the refund of the money to the consumer may not exceed thirty (30) calendar days from the moment the right was exercised. The request for a refund of money from THE USER may be made to ZONE E, as long as the exercise of the withdrawal has previously been manifested to ZONA E and the articles subject to it have been returned.
PAYMENT REVERSAL
The law provides that sales made through electronic commerce mechanisms, such as the Internet, in which means of payment such as credit cards, debit cards or any other similar payment instrument have been used, must be reversed at the request of the consumer when they are subject to fraud. corresponds to an unsolicited operation, the purchased product is not received, or the delivered product does not correspond to what was requested or is defective. For the reversal of the payment to proceed, THE USER within FIVE (5) business days following the date on which he had news of the fraudulent or unsolicited operation or that he should have received the product or received it defective or without corresponding to As requested, you must file a complaint with ZONA Eand return the product under the same terms of the right of withdrawal, when appropriate, and notify the issuer of the electronic payment instrument used to make the purchase of the claim, which, together with The other participants in the payment process will proceed to reverse the transaction to the USER.
Once the reversal request has been submitted by the USER to the issuer of the electronic payment instrument used, the participants of the payment process will have a term of 15 business days to make it effective, the foregoing in accordance with the provisions of Art. 51 of Law 1480 of 2011. ZONA E, as it is not the administrator of the payment platform, does not have the power to order the reversal of the payment directly, but in compliance with its legal obligation, it will proceed to process the claim that THE USER may file requesting the reversal