Privacy and return policy.
TERMS AND CONDITIONS
This document describes the terms and conditions and privacy policies applicable to the use of the services offered by Custodire Beach within the site www.custodire.co and other related domains. Any person subscribing to www.custodire.co or wishing to use the services offered is entitled to do so but must abide by the Terms and Conditions and Privacy policies set forth in the “Terms and Conditions” document. These terms and conditions of sale shall be governed in accordance with the laws applicable in the Republic of Colombia. Any dispute arising from this document shall be submitted to the competent jurisdiction in accordance with Colombian law, and both Custodire Beach and the user expressly waive any other jurisdiction that may correspond to them by reason of their present or future domicile.
It is necessary that the user READS, UNDERSTANDS and ACCEPTS all the conditions established in this document prior to registering as a user or acquiring products or services through www.custodire.co. By using this site, the user is fully accepting the conditions set forth in the Terms and Conditions and Privacy Policies of Custodire Beach and therefore, the User is obliged to comply with all pre-established conditions without being able to claim ignorance of such Terms and Conditions and Privacy Policies.
SECTION 1 – LEGAL CAPACITY
The services offered by Custodire Beach are only available to persons with legal capacity to contract. The acts that minors perform on this site will be the responsibility of their parents or guardians and therefore, will be considered performed by them and the legal representation they have. Whoever decides to register a user as a company, must have full capacity to contract on behalf of the entity and consequently bind the same to the terms set forth in the document “Terms and Conditions”.
SECTION 2 – REGISTRATION AND USE OF THE SITE
To become an authorized user of www.custodire.co, purchase products and access the promotions offered on the site, it is necessary to complete the registration form in all required fields with valid data in an accurate, precise and true manner. The user assumes the commitment to update the personal data used at the time of completing the registration form when necessary. Custodire Beach is not responsible for the accuracy of the personal data provided by its users. Each user is responsible for the accuracy and veracity of the personal data entered in the system. Each natural and/or legal person can only hold one account on www.custodire.co. If a person modifies or alters his/her personal data in any way possible to access more than one account and a fraudulent or malicious use is suspected or verified, www.custodire.co has the unappealable right to terminate the credits of this user, disable his/her accounts in the system and prosecute the offenders.
Custodire Beach has the right to request any extra data or proof to corroborate the personal data entered by users. It also has the right to temporarily or permanently suspend users whose data is not confirmed and who refuse to provide proof or extra data requested. If a user is suspended, Custodire Beach may retract a purchase made by the user without any right to compensation.
When a new member registers, he/she will be provided with his/her email address or user name and a personal password that allows confidential and secure access to the site www.custodire.com. The user assumes full responsibility for keeping his password confidential as it allows him to make purchases and obtain personal information. The delivery to third parties of the personal password of each user does not involve the responsibility of Custodire Beach. The user is responsible for all the operations carried out from his account and his password must be of personal and exclusive use. It is the user’s responsibility to notify Custodire Beach immediately of any unauthorized use of his/her account or password. The sale, loan or transfer of passwords or accounts between users is strictly prohibited.
Custodire Beach reserves the right to reject any application for registration or to cancel a previously accepted registration at any time without being obligated to state reasons for its decision and without giving any right to compensation.
SECTION 3 – MODIFICATIONS TO THE AGREEMENT
Custodire Beach may modify the Terms and Conditions at any time. The modified terms will become effective 10 days after their publication. Within 5 days after the publication of the new modifications, the user must contact www.custodire.co by email if he/she does not accept the new Terms and Conditions. If the user does not accept them, he/she will be disqualified as a member. If the 5 days period expires, the user will be considered to accept the new Terms and Conditions and the contract between both parties will not be affected.
SECTION 4 – MEANS OF PAYMENT
The products and services offered in www.custodire.co can only be paid with the means of payment indicated in each specific case. The use of credit cards is subject to what is established in these Terms and Conditions and to what is agreed in the respective cases of opening contracts and regulations of use with the issuer. Custodire Beach may determine purchase conditions according to the means of payment chosen by the user. Custodire Beach has the right to determine the maximum amount of credits that the user can use per purchase and the user will be notified prior to initiating the payment process. The credits used by the user will not be refunded in case of return of the products.
SECTION 5 – FORMATION OF CONSENT IN CONTRACTS ENTERED INTO THROUGH THIS SITE
Through www.custodire.co, offers of goods and services will be made and may be accepted using the mechanisms offered. Any acceptance of an offer by a user is subject to a suspensive condition until the transaction is validated. For any transaction carried out on www.custodire.co, validation by the supplier is a requirement for the formation of consent. To validate each transaction, it must first be verified that the means of payment offered by the user is valid, the data recorded by the Custodire Beach on the site match those provided when the acceptance of the offer was made and that the payment is credited by the user. To inform the user about the validation of the offer, a confirmation will be sent to the same e-mail address registered by the user when subscribing. Consent shall be deemed to be formed from the moment this written confirmation is sent to the user and at the place where it was sent.
The sale and dispatch of products is subject to their availability. If, for any reason, a product is not available, and the user was able to make a purchase of this unavailable product, the user will be notified immediately and will be reimbursed the full value of the price paid for the product.
SECTION 6 – PERIOD OF VALIDITY OF THE OFFER AND PRICE
The offers on www.custodire.co will be valid until the effective date indicated in the promotion or until the quantities of products available for such promotion are exhausted. When no effective date is indicated in a promotion, it will be understood that the offer will be valid until the corresponding inventories are exhausted. The prices of the products and services published in www.custodire.co will only be valid for purchases made through this means. They will not be valid for other sales channels. All prices are expressed in Colombian pesos. The prices offered do not include transportation, handling, shipping and accessories that are not expressly described in the product descriptions.
It is possible that some products may have an incorrect price. If a typographical error is identified in any of the product prices, Custodire Beach will be contacted prior to shipment and notified of the error. Products will not be shipped until the correct price is cancelled.
SECTION 7 – PROMOTIONS
Promotions offered on www.custodire.co will not be valid on other sales channels. When promotions consisting of price reductions or free delivery of one product for the purchase of another are offered, the two products must be delivered to the same place. Suppliers submit their promotions to the provisions of Law 1480 of 2011.
When discount coupons are offered, the value of the coupon, the minimum purchase amount to be able to use the coupon and the dates on which it can be used will be clarified. Coupons may be used by any natural person over 18 years of age. Coupons are not cumulative with other promotions and can only be used once per Custodire Beach. The maximum purchase amount for the use of coupons is 1 million pesos.
SECTION 8 – DELIVERY OF PRODUCTS
Products purchased through our Marketplace Custodire Beach are subject to the shipping conditions chosen by the user and the delivery conditions available on our Marketplace. The user will freely choose the address of the place of shipment.
After the payment is approved and the order is shipped, Custodire Beach will communicate by email to the user the delivery date of his order.
If no one receives the order at the shipping address, a second attempt will be made within the next three days. If after this attempt no one receives the order, the user must contact our Marketplace at email@example.com and the cost of the new shipment will be assumed by Custodire Beach. If Custodire Beach does not make a new shipment within 5 days after the second attempt, the product is declared abandoned and there will be no compensation. In such a case, Custodire Beach will not be liable for products not received.
If Custodire Beach chooses cash on delivery, and does not cancel the totality of the product and shipping pre-established in the order, it is understood that there is a breach of contract and Custodire Beach must cancel the value corresponding to the return of the products.
It is understood that any person who is at the place indicated by the user for the delivery of the products is authorized to receive the order, therefore, Custodire Beach is exonerated from any claim arising from the delivery to be made at the place indicated by Custodire Beach.
SECTION 9 – RETURN AND CANCELLATION POLICY
RETURNS OR REFUNDS (RIGHT OF WITHDRAWAL)
Custodire Beach offers its users the possibility to retract the purchase during the first 3 business days after delivery of the product.
The process to request a withdrawal is as follows:
Send an email before 3 business days after receiving the product to firstname.lastname@example.org with the reason for return and if you require an equal product, a different one, or a refund. Note: it is important to be very specific about the reason for return.
After the email is reviewed by Custodire Beach, the user will receive an email with a reverse logistics guide.
The user has 3 days after receiving the reverse logistics guide to bring the product to the address indicated by the user.
The product must be in perfect condition and in its original packaging, including all packaging and labels.
When the product is received, the supplier performs the quality control which takes approximately 3 working days. When the condition of the product is determined and the exchange or refund is authorized, we will proceed with the option chosen by the user.
Refunds will only be made by bank consignment to the account specified by the user.
If the user receives a product with characteristics different from those described on the page at the time of purchase, the procedure for requesting a product exchange is as follows:
Within 2 days after receiving the product, the user must take pictures showing the wrong product and send them to email@example.com email with the order number.
Once it is verified that the product arrived wrong, a pick up guide will be sent to the user and Custodire Beach will pick up the product in the same place where it was delivered and once the wrong product is picked up, the correct product will be sent.
The cancellation of a purchase is only made if the supplier is not able to send the product to the user due to lack of inventory and/or other force majeure reasons. If this happens, the user will be notified and the money will be refunded. Refund times vary depending on the method of payment used.
The user can choose between the following refund methods
Voucher: Vouchers are valid for one year and must be used in a single purchase. The delivery time for this refund is 2 business days.
Bank Consignment: The account holder must be the same person who made the purchase at www.custodire.co. The refund will be made within 3 business days.
To cancel an order for any reason, the user must write an email to firstname.lastname@example.org with the number of the order to be cancelled. Orders can only be cancelled if they have not yet been shipped by the supplier or if they have been charged by the PayU payment gateway, the user assumes the commission costs generated.
SECTION 10 – INTELLECTUAL AND INDUSTRIAL PROPERTY
All content available to the user on www.custodire.co, including intellectual and industrial property, is the exclusive property of Custodire Beach or of the companies supplying the products. Users must refrain from reusing to reuse www.custodire.co content without the prior consent of Custodire Beach.
SECTION 11 – THIRD PARTY INTELLECTUAL PROPERTY
Custodire Beach has tools in place to ensure that products purchased using our services are original and have been brought into the country legally. If in any way you as a user suspect that any product published in www.custodire.co infringes intellectual property or legal rights, please notify us at email@example.com to submit it for review.
SECTION 12 – RESPONSIBILITIES
Custodire beach will not be liable for loss of business opportunities or any indirect damage caused by the interruption of the transmission of the site. Every effort will be made to keep transmission error-free and uninterrupted but such conditions cannot be guaranteed. User accounts may be restricted or temporarily suspended in order to perform maintenance or make improvements to the site.
SECTION 13 – NOTIFICATIONS