QAS SempertexQAS SempertexQAS Sempertex

- E-COMMERCE PAGE -

The use of the E-commerce Page implies the express and complete knowledge and acceptance of these terms and conditions. The user who does not agree with these terms and conditions has the full right not to use the E-commerce Page. However, the use of the E-commerce Page fully demonstrates the full, total and unconditional acceptance of the following terms and conditions.

  1. object . These terms and conditions regulate the relationship between the User and Sempertex de Colombia SA (hereinafter, " Sempertex ") regarding the access and use by the User of the E-commerce Web Page owned by Sempertex (hereinafter , “E-commerce page”). The User, when entering the E-commerce Page through any modality or means known or to be known and / or accept the terms and conditions, is bound by them.

The E-commerce Page is a Sempertex tool, through which Sempertex will share advertising information through which it discloses its products, catalogs, services, and in general information related to the company, for the knowledge of the user and/or or interest in acquiring any of the above.

1.1. Users: Natural persons who meet all of the following requirements, in addition to any other established in this document, may use the E-commerce Page:

  • Adults
  • Accept these terms and conditions; and

  1. Scope of Terms and Conditions . These terms and conditions fully and completely govern the use of the E-commerce Page, therefore, by CLICKING on the I ACCEPT window or using the E-commerce Page, you express your understanding and full and total acceptance of these terms and conditions. terms and conditions, as well as the guidelines, rules, notices and other conditions and additional terms published on the E-commerce Page, which are an integral part of these terms and conditions.

  1. Modifications . Sempertex can modify these terms and conditions at any time and will notify the User of this, through email, on the E-commerce Page, or other effective means. The User must accept these changes when entering the E-commerce Page in order to continue using this Page in accordance with the new terms and conditions.
  1. Updates . Sempertex is not obligated to provide updates or improvements to the E-commerce Site. However, if Sempertex, at its sole discretion, updates, changes, decreases or improves the E-commerce Site, these terms and conditions will apply to such updates, changes, decreases, improvements, etc., unless otherwise indicated. otherwise explicitly. For this purpose, Sempertex will notify the User about the updates, changes, reductions, improvements, etc., and the User must give his acceptance if he wants to continue using the E-commerce Page.
  1. Software . The User directly or through a third party may not use any software, service or application that modifies, closes, restricts, or redirects, or tries to modify, close, restrict or redirect the E-commerce Page. The User will not access the E-commerce Page using automated means (such as harvesting bots, robots, spiders or scrapers), nor may they allow a third party to access and/or use the E-commerce Page on their behalf or on their behalf. account through an automated process such as robots or web crawlers or periodic storage of the information contained in the E-commerce Page. The User agrees to be solely responsible (against Sempertex and third parties) for all activities carried out on the E-commerce Page, and will hold Sempertex, its employees, shareholders, partners, subsidiaries, representatives, distributors, contractors and/or harmless. or service providers, etc., (hereinafter, the " Indemnified Parties ") for this concept. The User may not use any software or hardware that reduces the number of users who access or use the E-commerce Page.
  1. Intellectual Property . The User may not modify, copy, distribute, transmit, exhibit, perform, reproduce, publish, grant licenses, store, create derivative works, disclose, assign, sell and in general use commercially any information, software, products or services found in and/or form part of the E-commerce Page.

All the content of the E-commerce Page, including but not limited to photographs, texts, drawings, trademarks, music, software, technical developments, designs, images and in general everything protected by intellectual property law, the image rights and/or domain rights (hereinafter, the " Materials ") that are provided to be viewed, used or downloaded through the E-commerce Page, belong and will belong to Sempertex or to third parties that have authorized to include them to the E-commerce Page. The User declares to know and accepts that he does not have and will not have any rights over the Materials and that the use he makes of them must always be a private non-commercial use, which does not violate honest uses in terms of intellectual property rights.

The User may not reproduce, disassemble, decompile and/or use reverse engineering techniques in the E-commerce Page, the Materials or in the software of the E-commerce Page and/or the Materials. All Materials are protected by laws and international treaty provisions on intellectual property law. By means of these terms and conditions, the User is clearly and directly informed that the Materials are protected by national and international regulations of intellectual property law, for which the User accepts that any use made of the Materials Outside of honest uses in terms of intellectual property law, it is a use in bad faith, with the manifest intention of harming Sempertex and/or a third party, and obtaining a profit for oneself or for a third party as a result.

If the User infringes the intellectual property rights of another person, or if Sempertex receives information about a possible infringement of rights of third parties, Sempertex will be entitled to delete the information of the infringing User immediately and pursue compensation for the damages caused to Sempertex as a result of the violation. The User is solely responsible for the content that they upload or use on the E-commerce Page.

  1. User Responsibility . Sempertex will do its best to ensure that the E-commerce Page is a secure site, but cannot guarantee it. The security of the E-commerce Page is also the responsibility of the User, which implies the following commitments:
  • Not send or post in any way unauthorized commercial communications (such as spam) on the E-commerce Site;
  • Do not collect content or information from other users, or otherwise access the E-commerce Page, using automatic means (such as harvesting bots, robots, spiders or scrapers) without authorization from Sempertex.
  • Do not participate in the E-commerce Page in illegal multi-level marketing, such as the pyramid type;
  • Do not upload viruses or malicious code of any kind.
  • Do not request information from other users or access another user's information.
  • Do not annoy, intimidate or harass any user.
  • Do not post content that is hurtful, threatening, or pornographic, that incites violence, or that contains nudity or graphic or unwarranted violence.
  • Not use the E-commerce Page for illegal, deceptive, malicious or discriminatory acts.
  • Not perform any action that could disable, overload or affect the proper functioning of the E-commerce Page, such as a denial of service attack.
  • Do not facilitate or encourage the violation of these terms and conditions.

Likewise, as a condition for the use of the E-commerce Page, the User: (i) will not use the services for any illegal purpose, which is prohibited by current regulations, honest uses and/or the terms and conditions, or that violates the honor and good name of the Compensable Parties or third parties; (ii) you may not use the E-commerce Page in any way that could damage, disable, overload, reduce and generally modify the capacity of the E-commerce Page or interfere with the use and enjoyment thereof by third parties ; (iii) you may not circumvent, disable or otherwise tamper with, or attempt to circumvent, disable or tamper with, the security features of the E-commerce Site, or alter or modify any part of the E-commerce Site; (iv) you may not attempt to gain unauthorized access to any account and/or information of third parties, nor interfere and/or manipulate in any way the accounts, computer systems or networks related to the E-commerce Page; (v) you may not obtain or attempt to obtain from the E-commerce Site and/or Sempertex any material or information by any means not intentionally provided or made available through the E-commerce Site; (vi) you may not offer services for commercial purposes to third parties nor are you entitled to receive any amount from third parties for the use of the E-commerce Page, either directly or indirectly, without the explicit written consent of Sempertex; (vii) is fully and exclusively responsible for the use made of the E-commerce Page and will hold the Indemnified Parties harmless for this concept; (viii) guarantees that all the information that it sends, incorporates and/or manifests in the use of the E-commerce Page is true and exact and that it does not hide or alter information of any kind.

If the User breaches the terms of these terms and conditions, in any way puts Sempertex at risk or legally exposes it, Sempertex may block or restrict the User's access to the E-commerce Page.

  1. Uses of the E-commerce Page . The User may not use the E-commerce Page to advertise or offer to buy or sell products or services, nor to carry out a business or develop a business activity or commercial exploitation of any kind without the explicit, written and prior consent. from Sempertex.

The User: (i) will not use the E-commerce Page in surveys, contests, pyramid schemes, chain messages, spam, mass mailing or in any repetitive message, widely distributed or not; (ii) you will not defame, abuse, harass, spy on, threaten, or otherwise infringe the legal rights of others (such as the right to privacy) using the E-commerce Site; (iii) you will not create a false identity in order to mislead other users or Sempertex; (iv) you will not post, transfer, distribute, or disclose on the E-commerce Site any subject matter, name, information, or inappropriate, profane, defamatory, obscene, indecent, threatening, illegal, or inciting violence material; (v) you will not transfer, stream, or otherwise provide files or other material containing images, photographs, software, or other material protected by copyright, privacy, or image rights, unless you have owns or controls the relevant rights or has received all necessary consents to do so; (vi) you will not use any material, works or information, including images, text and photographs, provided through the E-commerce Page in any way that infringes the rights of third parties; (vii) you will not transfer, stream, or otherwise provide files or other material that contains viruses, "trojans," "worms," ​​time bombs, wipers, corrupted files, or any other similar programs or software that may harm the operation of the equipment of third parties, those of Sempertex and/or the Indemnified Parties; (viii) will not violate any code of conduct or guideline that is applicable to the E-commerce Page; (ix) you will not use the E-commerce Site to collect or collect in any way any information about third parties, including email addresses.

Sempertex reserves the right to remove the information published on the E-commerce Page by the User when it deems it necessary, without prior notice, and will not be responsible for the loss of said information in the event that the User does not have a copy of it. the same.

Sempertex respects the rules and rights of third parties and invites and requires Users to do so as well. Therefore, no User may upload to the E-commerce Page or use on the E-commerce Page materials or goods protected by intellectual property rights with respect to which they are not the owner or authorized licensee for their use. Any unauthorized use, in the opinion of Sempertex, will allow Sempertex to remove the User from the E-commerce Page.

You may notify Sempertex by email (shop@sempertex.com) if you become aware that any material on the E-commerce Page infringes your intellectual property rights or those of a third party.

  1. Supervision. By accepting the terms and conditions of the E-commerce Page, the User authorizes Sempertex to supervise and/or record at any time the communications, data transfers, file exchanges, browsing process, etc. in order to verify compliance with the terms and conditions and in particular for the purpose of: (i) guaranteeing compliance by the User with the terms and conditions; (ii) comply with applicable law and legal process; (iii) protect the rights, property, and interests of Sempertex, the Indemnified Parties, and/or the general public; and/or (iv) supervise the provision of services.

Sempertex also reserves the right to modify, refuse to transfer, or withdraw any information or material, in whole or in part, at Sempertex's sole discretion, including the entire E-commerce Site, without prior notice to the User.

The closure of the E-commerce Page by Sempertex will be carried out at the sole discretion of Sempertex and will not generate the payment of commission, price, compensation, penalty clause, fee, bonus, compensation or in general any payment for the User.

  1. Management of User Information .

10.1. By accepting these terms and conditions, the User authorizes Sempertex to collect, store, process, update and use the User's personal information consisting of: name, surname, physical address, and email, for the Sempertex database . Sempertex will not share any personal information with third parties for third party marketing purposes, or for fraudulent purposes or that contravene the applicable regulations on personal data protection in Colombia.

10.2. Users must provide their personal information (name, surname, physical address, email) in the means that Sempertex determines, in an exact, precise and true manner (hereinafter, the " Personal Data ") and assume the commitment to update the Data. Personal as needed. The Users declare and guarantee that the Personal Data is exact, truthful, current and authentic.

10.3. By providing their Personal Data, the User is authorizing Sempertex to process their Personal Data in accordance with the purposes established in Sempertex's Personal Data Processing Policy, which can be found at the following link: https:// shop.sempertex.com/pages/politica-de-tratamiento-de-datos-personales

By authorizing the processing of personal data, the User declares that he knows and accepts the terms of treatment of his Personal Data by Sempertex, in accordance with the Personal Data Processing Policy that you will find in the link previously reported.

  1. Disclaimer . Sempertex provides the E-commerce Site to the User "as is", "with all faults" and "as available", and the User assumes all risk related to its use. Sempertex and/or the Indemnified Parties are not responsible for the use that the User intends or may make of the E-commerce Page.

Sempertex will not be responsible for the information provided by the User on the E-commerce Page, the User is directly responsible for the information provided.

Sempertex is not obliged to provide access to the E-commerce Page in a secure manner and without interruptions or errors, nor is it obliged to correct defects in the operation or functionality of any software provided to the User. Sempertex may modify the E-commerce Site or the features at any time, in any way, and for any reason without prior notice. In no case shall the Indemnified Parties (where Sempertex is included) be liable for any direct and/or indirect damages based on or resulting from the use of the E-commerce Site by the User. If the User is not satisfied with any part of the E-commerce Page or with any of the conditions of use provided in the terms and conditions, his sole and exclusive recourse will consist of discontinuing the use of the E-commerce Page. The User agrees to indemnify, safeguard and hold the Indemnified Parties harmless against any claim or demand, including attorneys' fees, filed by third parties that derives from or arises from the use by the User of the E-commerce Page and/or the Materials outside the terms of the Agreement. Sempertex has the autonomous, exclusive and absolute right to prevent the use of the E-commerce Page by the User and/or to report the User to the competent authorities for non-compliance with the terms and conditions. Likewise, you have the right to collect the amounts that have been generated for the damages caused by the User.

  1. security . Sempertex uses appropriate technology and takes adequate security precautions for the development, operation, maintenance and/or use of the E-commerce Page. Except for the adoption of adequate security measures, Sempertex does not guarantee that the E-commerce Page is completely shielded against inappropriate use, disclosure, loss, sale, license, destruction, etc. of your personal information and/or files on your computer due to acts of third parties or that are beyond the control of Sempertex. It is the User's personal responsibility to ensure that their computer is adequate and secure and is protected against software such as Trojan horses, computer viruses, worm programs and/or hacking .
  1. access . The E-commerce Page and its use are focused exclusively on the Republic of Colombia, even when they are accessible by users outside the Republic of Colombia.
  1. exact information . The User agrees to provide the truthful, exact, current and complete information requested by Sempertex. The User undertakes to update their data and information to keep them updated and accurate. Sempertex guarantees in any case the confidentiality and safe treatment of the data provided by the User.
  1. Sempertex understands that all the information entered by the User is true and is done voluntarily.
  1. Cancellation of purchase . If the customer wants to cancel a purchase, they can do so through the Call Center 320 5422155 , but if the product has already been sent by Sempertex to the address indicated by the Customer, the customer must pay the cost of the withdrawal, which has the same rate as the shipment.

Important information : This website, although it is a secure site, is not free of errors and consequently the general information, as well as the characteristics of the advertised products and prices may vary due to human or technological errors, manipulation by third parties unauthorized, virus or any event of invasion or technological manipulation. Consequently, every transaction is subject to further verification by Sempertex. The products and prices included in this web page are aimed at the general public as indeterminate persons and therefore a confirmation and acceptance by Sempertex of your purchase order and the payment made will always be necessary, at which time the corresponding authorization will be issued. invoice and the sales contract between the User and Sempertex will be perfected. Consequently, the User expressly authorizes Sempertex and the bank or means of payment that he has chosen to carry out any transaction, to reverse it in any event if the transaction is not confirmed for any reason.

RIGHT OF WITHDRAWAL

If the buyer wishes to change any of our products or withdraw the purchase, he must take into account that in accordance with the right of withdrawal enshrined in article 47 of the Consumer Statute, the maximum term to exercise this right is 5 days. working days from the purchase of the product. For the return of the money, it may not exceed 30 calendar days and will proceed with respect to our exchange and return policy. The return of the product is the responsibility of the customer.

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