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TERMS AND CONDITIONS

This document describe the Terms and Conditions, and the Privacy policies applicable to the use of the services offered by MALFAMA SAS on the website www.malafama.com and related domains. Any person who subscribes to www.malafama.co or wishes to use the services offered, has the right to do but must be subject to the Terms and Conditions, and Privacy policies preset in the “Terms and Conditions” document. These Terms and Conditions of sale shall be governed according to the applicable laws in the Republic of Colombia. Any dispute arising from this document shall be subject to the competent jurisdiction in accordance with Colombian law, and both MALFAMA SAS and the customer expressly disclaim to any other source that could correspond to them rightfully of their present or future domicile.

It is necessary that the user READS, UNDERSTANDS and ACCEPTS all the conditions set forth in this document prior to your registration as a user or to the purchase of products or service through www.malafama.co. By using this website, the user fully accepts the conditions set forth in the Terms and Conditions and Privacy Policies of MALFAMA SAS. and therefore, the user must comply with all pre-established conditions without being able to allege ignorance of such Terms and Conditions and Privacy Policies.

SECTION 1 – LEGAL CAPACITY

The services offered by MALAFAMA SAS are only available to persons who have the legal capacity to contract. The acts that minors perform on this website shall be the responsibility of their parents or caregivers and therefore, will be considered carried out by them and the legal representation that they have. Whoever decides to register a user as a company must have full capacity to contract on behalf of the entity and consequently, require the same to the terms set in the Terms and Conditions document.

SECTION 2 – REGISTRATION AND USE OF THE WEBSITE

To become an authorized user of www.malafama.co , purchase products and access to the promotions offered on the website, is necessary to complete the registration form in all required fields with valid data in an accurate, precise and true. The user assumes the commitment to update the personal data used when they completing the registration form when is necessary. MALAFAMA SAS 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 enter in the system. Each natural and/or legal person can only be the holder of one account in www.malafama.co. If a person modifies or alters their personal data in any way possible to access more than one account and a fraudulent or malicious use is suspected or verified, www.malafama.co has the unappealable right to end the credits of this user, disable their accounts in the system and prosecute the offenders. 

MALFAMA SAS 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, MALFAMA SAS may retract a purchase made by the user without any right to compensation.

When a new member registers, he/she will have his/her email address or user name and a personal password that allows him/her confidential and secure access to the www.malafama.co website. The user assumes full responsibility for keeping his/her password confidential as it allows him/her to make purchases and obtain personal information. MALFAMA SAS is not responsible for the delivery of the user’s personal password to third parties. The user is responsible for all transactions made from his account and his password must be for personal and exclusive use. It is the user’s responsibility to notify MALFAMA SAS 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.

MALFAMA SAS reserves the right to reject any registration request or to cancel at any time a previously accepted registration without being obliged to state the reasons for its decision and without generating any right to compensation.

SECTION 3 – AMENDMENTS TO THE AGREEMENT

MALFAMA SAS may modify the Terms and Conditions at any time. The modified terms will become effective 10 days after their publication. Within the first 5 days after the publication of the new modifications, the user must contact www.malafama.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 – PAYMENT METHOD

The products and services offered in www.malafama.co can only be paid with the means indicated in each specific case. The use of credit cards is subject to the provisions of these Terms and Conditions and as agreed in the respective cases of opening contracts and regulations of use with its issuer. MALFAMA SAS may determine purchase conditions according to the payment method chosen by the user MALFAMA SAS has the right to determine the maximum amount of credits that the user may use per purchase and the user will be notified before starting the payment process. Credits used by users will not be refunded in case of return of products.

SECTION 5 – FORMATION OF CONSENT TO CONTRACTS CONCLUDED THROUGH THIS WEBSITE

Through www.malafama.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.malafama.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 customer on the website 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 delivery of the products is conditioned to their availability. If for any reason, a product is not available, and the customer was able to make a purchase of this unavailable product, the customer will be notified immediately and will be reimbursed the full value of the price paid for the product.

SECTION 6 – TERM OF VALIDITY PERIOD AND PRICE

The offers on www.malafama.co will be valid until the effective date indicated in the promotion; all products are custom-made and handmade. The prices of the products and services published in www.malafama.co will only be valid for purchases made through this medium. 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 be priced incorrectly. If a typographical error is identified in any of the product prices, customers 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.malafama.co will not be valid in other sales channels. When promotions consisting of price reductions or free shipping of one product for the purchase of another, the two products must be delivered at 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 made clear. Coupons can 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 customer. The maximum purchase amount for the use of coupons is 1 million of Colombian pesos.

SECTION 8 – PRODUCT DISPATCH

Products purchased through our Marketplace MALFAMA SAS are subject to the shipping conditions chosen by the user and the delivery conditions available on our Marketplace. The user is free to choose the address of the place of shipment.

After the payment is approved and the order is shipped, MALFAMA SAS will communicate by e-mail to the Customer the delivery date of the order.

In case no one receives the order at the shipping address, a second attempt will be made during the following three days. If after this attempt no one receives the order, the user must contact our Marketplace at malafamasas@gmail.com and the cost of the new shipment is assumed by the customer. If the customer 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 this case, MALFAMA SAS will not be liable for products not received.

If the customer chooses payment on delivery, and does not cancel the totality of the product and shipment pre-established in the order, it is understood that there is a breach of contract and the customer must cancel the value corresponding to the return of the products.

It is understood that any person at the place indicated by the Customer for the delivery of the products is authorized to receive the order, therefore, MALFAMA SAS is exonerated from any claim arising from the delivery at the place indicated by the customer.

SECTION 9 – RETURN AND CANCELLATION POLICY

RETURNS OR REFUNDS (RIGHT OF WITHDRAWAL)

MALFAMA SAS offers its Customers the possibility of withdrawing from the purchase during the first 3 working days after delivery of the product.

The process to request a withdrawal is as follows:

• Send an email within 3 business days after receiving the product to malafamasas@gmail.com with the reason for return and whether you require the same 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 MALFAMA SAS, the customer will receive an email with a reverse logistics guide.

• The customer has 3 days after receiving the reverse logistics guide to deliver the product to the address indicated by MALFAMA SAS.

• 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 customer.  

Refunds will only be made by bank consignment to the account specified by the client.

WRONG PRODUCTS

If the Customer 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 customer must take pictures showing the wrong product and send them to malafamasas@gmail.com with the order number.

• Once it is verified that the product arrived wrong, a collection guide will be sent to the customer and MALFAMA SAS is responsible for picking 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.

CANCELLATIONS

The cancellation of a purchase is only made if the supplier is unable to ship the product to the Customer due to lack of inventory and/or other force majeure. If this happens, the customer will be notified and a refund will be issued. Refund times vary depending on the method of payment used.

The Customer 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 rebate is 2 business days.

• Bank consignment: The account holder must be the same person who made the purchase at www.malafama.co. The refund will be made within 3 business days.

To cancel an order for any reason, the Customer must write an email to malafamasas@gmail.com with the order number to be cancelled. Orders can only be cancelled if they have not yet been shipped by the supplier or in the case that it has been charged by the Epayco payment gateway, the customer assumes the commission costs generated.

SECTION 10 – INTELLECTUAL AND INDUSTRIAL PROPERTY

All content available to the user on www.malafama.co, including intellectual and industrial property, is the exclusive property of MALFAMA SAS or of the companies supplying the products. Users must refrain from reusing to reuse www.malafama.co content without the prior consent of MALFAMA SAS.

SECTION 11 – INTELLECTUAL PROPERTY OF THIRD PARTIES

MALAFAMA SAS has tools to ensure that the 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.malafama.co infringes intellectual property or legal rights, please notify us at malafamasas@gmail.com to submit it for review.

SECTION 12 – RESPONSIBILITIES

MALFAMA SAS shall not be liable for loss of business opportunities or any indirect damage caused by interruption of transmission of the site. Every effort will be made to maintain error-free and uninterrupted transmission 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

Any comments or concerns regarding the Terms and Conditions or the Privacy Policy must be expressly notified in writing to MALFAMA SAS at malafamasas@gmail.com.

 

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