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Terms and Conditions

TERMS AND CONDITIONS

ETHEREAL

Thank you for visiting the https://etereastore.com/ Site (the “Site”). Please take some time to read and understand these TERMS AND CONDITIONS OF USE AND PURCHASE (the “TERMS AND CONDITIONS”) before using this Site. Access to and use of the Site indicates that you freely accept and agree to comply with these TERMS AND CONDITIONS regarding the manner in which you may access and use this Site.

The INFORMATION PROCESSING POLICIES and RETURN POLICY of the Site are an integral part of these TERMS AND CONDITIONS. Therefore, whenever reference is made in this text to the TERMS AND CONDITIONS, reference will be made to the INFORMATION PROCESSING POLICIES of ETÉREA.

Transactions carried out through the Site operated by ETÉREA (the “Company”) are subject to these TERMS AND CONDITIONS.

It is understood that the people who visit or carry out transactions through the Site (the “Users”) have accepted and are subject to the TERMS AND CONDITIONS, including, but not limited to, cities, areas and times in which the service is provided. , product availability, promotions, communications and in general any element that concerns the purchase offer process by the User and the effective provision of the service.

Users declare and accept that the TERMS AND CONDITIONS may vary at any time as determined by the Company, and understand that each time they use the Site they adhere to said TERMS AND CONDITIONS and the changes made therein.

GENERAL CONDITIONS

  1. THE COMPANY: This Site is operated by ETÉREA, dedicated to the sale, marketing, promotion of articles and goods. The electronic address at which you can contact the Company is the following: contacto@etereastore.com

  1. PRODUCTS AND SERVICES: The Site contains a list of articles (the “Products”) within the field of fashion. The User assumes and understands that the User has contracted in good faith with the Company. The images presented on the Site are for reference. The Company is not responsible for the misuse or improper use of the information or content of the Site by Users or any consequences that may arise from this, including, but not limited to, injuries and/or damage to people or property that arising from Product liability, negligence or otherwise. The Company is not responsible for illegal interceptions or violation of its systems or databases by unauthorized persons, nor for the improper use of information obtained by these means. In no case will the Company be liable for contractual and extra-contractual civil liability damages, except for fraud or gross negligence. The Company reserves the right to correct errors, omissions or inaccuracies and does not guarantee that the Site will operate without interruptions or errors, nor does it guarantee the availability or usability of online shopping services, however, it will carry out due diligence, in order to offer the greatest availability of the service. This Site contains general information about the Company and the Products (the “Contents”). The sole and exclusive purpose of the Content included on this Site is informational. The purpose of this Site is the distribution, promotion, marketing and advertising of the Products.

  1. SCOPE OF SITE CONTENT AND SERVICES . The Company carries out its activities in Colombia. In this sense, all the information, content and services that you find on this Site have a scope limited exclusively to Colombia. The Site is limited to providing information services about the Company and the Products. It also has the functionality of collecting information and personal data from interested parties to manage them and provide a better service. At no time will the information collected be used to sell, share or disseminate it without the prior and express authorization of its owner. The user declares that the information provided in the forms on the Site is true, true and up-to-date and does not engage, among others, in any of the following conducts without limitation:

  • Identity theft by filling out third-party data in the registration form, which includes, but is not limited to: name, email, telephone, address and school;
  • Infringement of intellectual property rights, using trademarks, trade names and, in general, any information that violates the intellectual property rights held by third parties when completing the form.

It is the Users' duty to collect all the information necessary to make informed and appropriate decisions about the Products. In this way, the User is obliged to verify the Product information (including the packaging inserts) regarding colors, sizes, fabrics, among others before making any purchase.

You understand and agree that neither the Company nor its suppliers are responsible for any direct or indirect claims, losses or damages arising from the use of this Site, the information resources contained in or accessible through this Website.

  1. AVAILABILITY OF SERVICES AND PRODUCTS . The Products offered through the Site are only available for shipping within Colombian territory. except for those areas or zones of Colombian territory that, due to the difficulty of access, communications or similar considerations, justify that said offer is not available.

  1. AGE REQUIREMENT . You may access and use this Site if you are of legal age, in accordance with applicable laws. If you are not of legal age or do not have the legal authorizations and capacity required to access and use this Site, please refrain from using it, abandon it and do not access its features. In any case, we recommend that parents and guardians of minors supervise their children's access to the Site. In the event of acting as a legal entity, the User must have broad and sufficient representation to accept these TERMS AND CONDITIONS.

  1. SITE USE AGREEMENT . Entering this Site indicates that you have read and understood, and have agreed to accept and comply with, these TERMS AND CONDITIONS. If you do not agree with these TERMS AND CONDITIONS, do not enter this Site, refrain from using the Site and the Contents, and leave it immediately. Please note that your right to access or enter this Site may be terminated at any time by the Company without prior notice or cause.

  1. ELECTRONIC TRANSMISSION OF INFORMATION . If you decide to contact the Company through this Site, please note that the electronic transmission of information over global communications networks (the Internet) may not be secure, and therefore there is no guarantee regarding the reservation. , confidentiality or security of your information. Whether you are a client of the Company or not, we thank you for refraining from transmitting information that is subject to reservation, confidentiality or secrecy of any kind, given that the Company cannot ensure its reservation, confidentiality or secrecy, nor can it guarantee that such information It will be treated with the required confidentiality, outside the channels or means authorized by the Company. The Empres cannot ensure the integrity or return of the information that you send through means other than the channels or means authorized by the Company. Please do not send us your personal, secret, confidential or reserved information through electronic or physical means, unless the Company has authorized it through the channels adopted for this purpose. Likewise, refrain from sending the Company unsolicited information, email chains or any other information that may be considered spam. Doing so will constitute a violation of these TERMS AND CONDITIONS.

  1. PROMOTIONAL AND/OR ADVERTISING COMMUNICATIONS . Users expressly authorize the Company to send them promotions to email, telephone, cell phone number, instant messaging, WhatsApp, social networks, and other elements that they register on the Site according to the characteristics of each User according to the purchases and links visited. The User may request the suspension of all promotional or advertising communications sent to their email by sending an email in this regard to contacto@etereastore.com

PURCHASING PROCESS

  1. HOW TO PLACE AN ORDER To place an order, you must follow the online purchasing procedure and click "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Additionally, we will inform you by email that the product is being shipped (the "Shipping Confirmation").

  1. TECHNICAL MEANS TO CORRECT ERRORS. If you detect that an error has occurred when entering your personal data during your registration as a user of the Site, you may request the modification of any data in accordance with the Company's Data Processing Policy. The Site displays confirmation windows in various sections of the purchasing process that do not allow you to continue with the order if the data in these sections has not been provided correctly. Likewise, the Site offers details of all the items that have been added to your Cart during the purchasing process, so that, before making payment, you can modify the details of your order. If you detect an error in your order after completing the payment process, you must immediately contact our customer service to correct the error.

  1. FORMATION OF PURCHASE CONSENT. The User's consent is expressed in the purchase steps established on the Site, accepting each of them and is perfected with the final purchase statement after having reviewed the order summary before the final purchase confirmation, the User may cancel the purchase at any time.

The Company will send an acknowledgment of receipt to the email address registered by the User when registering, with information on the delivery time, exact price, including taxes (if applicable), shipping costs and the way in which payment was made.

  1. PRODUCT AVAILABILITY. All orders are subject to the availability of the Products. If there are difficulties in supplying products or if items are out of stock, we will refund any amount you may have paid.

  1. Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the period indicated on the Site according to the method of selected shipping and, in any case, within a maximum period of 30 business days from the date of the Order Confirmation. At the time of processing your purchase, we will show the shipping cost.

For the purposes of this document, it will be understood that "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which will be accredited by signing receipt of the order at the agreed delivery address, or within sixty days following confirmation of the order.

  1. IMPOSSIBILITY OF DELIVERY. If it is impossible for us to deliver your order after one (1) attempt, the product will be available to you at the location determined by the Company. For this purpose, you must contact the area in charge to manage the shipment of the Products again. The cost of additional shipments required will be assumed by the User. If 10 days have passed since your order is available for delivery, and the order has not been delivered for reasons not attributable to the Company, it will be understood that you have withdrawn from the contract and it will be considered terminated. As a consequence of the termination of the contract, the amounts paid will be returned less the transportation costs incurred due to the impossibility of delivery. Please note that transportation arising from the termination of the contract may have an additional cost, so we will be authorized to offset, discount or deduct the corresponding costs.

  1. TRANSFER OF RISK AND PROPERTY. The risks of the products will be your responsibility from the moment of delivery. You will acquire ownership of the products when the Company receives full payment of all amounts due in relation to the products, including shipping costs, and you will be responsible for the goods from the time of delivery, if this takes place in a later moment.

  1. PRICE AND PAYMENT. Website prices include all applicable taxes, where applicable, but exclude shipping costs, which will be added to the total amount due. Prices may change at any time, but (except as set out above) any changes will not affect orders for which an Order Confirmation has already been sent. Once you have selected all the items you want to purchase, they will have been added to your cart and the next step will be to process the order and make payment. To do this, you must follow the steps of the purchasing process, filling out or verifying the information requested at each step. Likewise, during the purchase process, before making payment, you can modify the details of your order. You can use Visa, Mastercard, American Express, Diners and PSE cards as a means of payment. By clicking "Authorize Payment" you are confirming that the credit card is yours or that you are authorized to use the respective payment method. To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to verification and authorization by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and no contract will be formalized with the User.

 

  1. LIABILITY AND WAIVER OF LIABILITY. Except as otherwise expressly provided in the TERMS AND CONDITIONS, the Company's liability in relation to any product purchased on the Site will be strictly limited to the purchase price of such product. However, and unless otherwise provided by law, we neither accept nor are responsible for the following losses, regardless of their origin: (i) loss of income or sales: (ii) loss of business; (iii) lost profits or loss of contracts; (iv) loss of anticipated savings; (v) data loss; and (vi) loss of management time or office hours. Due to the open nature of the Site and the possibility of errors in the storage and transmission of digital information, the accuracy and security of information transmitted or obtained through the Site is not guaranteed unless expressly stated otherwise. in the same.

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY . The User acknowledges and consents that all copyright, trademark and other industrial and intellectual property rights on the materials or content provided as part of the Site are the property of the Company at all times or to whom the Company grants a license for use. The User may use said material only in the manner expressly authorized by the Company. This will not prevent the Site from copying your order information or Contact details to the extent necessary.

  1. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS . The User must not misuse the Site by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or harmful program or material. The User will not attempt to gain unauthorized access to the Site, the server on which the Site is hosted or any server, computer or database related to the Site. The User agrees not to attack the Site through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause could imply the commission of crimes classified by the applicable regulations. The Company will report any breach of said regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of breach of this clause, you will immediately cease to be authorized to use the Site. The Company is not responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or harmful programs or materials that may affect your computer, computer equipment, data or materials as a result of your use of the site or of downloading content from it or to those to which it redirects.

  1. LINKS TO THIRD PARTY SITES. In the event that the Site contains links or links to other web pages and third-party materials, such links or links are provided for information purposes only, without us having any control over the content of said web pages or materials. We therefore accept no liability for any damage or loss arising from its use.

  1. WRITTEN COMMUNICATIONS. The applicable regulations require that part of the information or communications we send you be in writing. By using the Site, the User agrees that most of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that will be sent electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

  1. NOTIFICATIONS . The notifications that the User sends us must be sent through the email provided for this purpose. Any communication presented through means other than those provided by the Company will be understood as not received or not presented. The Company will send communications to the email provided by the User or through the Site. If the communication is presented through the Site, it will be understood that the notifications have been received and have been correctly made at the same time they are posted on the Site. If the communication is sent by email, the User will be deemed notified the day after receipt of the data message. To prove that the notification has been made, it will be sufficient to prove that the email was sent to the email address specified by the User or by evidence of the notice published on the Site.

  1. TRANSFER OF RIGHTS AND OBLIGATIONS . These TERMS AND CONDITIONS are binding for both the User and the Company, as well as for any third party that has a link or relationship with any of the Parties. The User may not transmit, assign, encumber or in any other way transfer their contractual position or any of the rights or obligations derived from the TERMS AND CONDITIONS, without having obtained the prior written consent of the Company. The Company may transmit, assign, encumber, subcontract or otherwise transfer the contractual position or any of the rights or obligations derived from it, at any time during its validity. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, where applicable, the User, as a consumer, has recognized by law nor will they nullify, reduce or limit in any other way the guarantees, both express and tacits, that we could have granted.

 

  1. EVENTS OUTSIDE OUR CONTROL. The Company is not responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond reasonable control, due to force majeure, fortuitous event or events attributable to third parties ("Cause of Force Elderly"). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond reasonable control and, among others, the following: a. Strikes, lockouts or other industrial action. b. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. d. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private. and. Inability to use public or private telecommunication systems. F. Acts, decrees, legislation, regulations or restrictions of any government or public authority. h. Pandemics, health emergencies, economic emergencies or public order situations that prevent the normal movement of people. It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Cause of Force Majeure. The Company will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to comply with the obligations despite the Force Majeure Event.

  1. RESIGNATION . The lack of requirement by the Company of strict compliance with any of the obligations assumed by the User under the TERMS AND CONDITIONS or the lack of exercise of the rights or actions that correspond to the Company under the TERMS AND CONDITIONS does not will imply any waiver or limitation in relation to said rights or actions nor will it exonerate the User from complying with such obligations. No waiver by the Company of a specific right or action will constitute a waiver of other rights or actions derived from the TERMS AND CONDITIONS.

  1. PARTIAL NULLITY . If any provision of the TERMS AND CONDITIONS are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

  1. COMPLETE AGREEMENT . The TERMS AND CONDITIONS and any document to which express reference is made constitute the entire agreement between the User and the Company in relation to their subject matter and replace any other pact, agreement or previous promise agreed upon between the User and the Company. verbally or in writing. The Parties acknowledge having read and accepted the TERMS AND CONDITIONS.

  1. The Company reserves the right to modify the TERMS AND CONDITIONS. The modifications introduced will not be retroactive and, except for possible exceptions depending on the specific case, will be immediately applicable. If the User does not agree with the modifications introduced, we recommend not using the Site.

  1. APPLICABLE LEGISLATION AND JURISDICTION . The use of the Site and contracts for the purchase of products through the Site will be governed by Colombian law. Any controversy that arises or is related to the use of the Site or with said contracts will be submitted to the exclusive jurisdiction of the courts and tribunals of the Republic of Colombia. If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes you as such. The address will be the city of Bogotá.

  1. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS. Comments and suggestions will be well received. We ask that you send such comments, suggestions and queries through the means provided for this purpose. Complaints and claims will be addressed in the shortest possible time and, in any case, within the legally established period.

  1. LAST UPDATE. These TERMS AND CONDITIONS were last updated on June 2, 2021. We remind you that when you access and use the Site, including any and all of the Company Sites, we will understand that you freely agree to comply with these TERMS AND CONDITIONS.