TERMS AND CONDITIONS

These terms and conditions (hereinafter the “Terms and Conditions”) govern access to and use of the website that Colo Coffee S.A.S.. makes available to its customers for purchasing its products. Regarding the use of the website that Colo Coffee S.A.S. makes available to its customers, please be advised that:

BEFORE USING THE PLATFORM, USERS MUST CAREFULLY READ THESE TERMS AND CONDITIONS, TOGETHER WITH THE PERSONAL DATA PROCESSING POLICY. USE OF THE WEBSITE CONSTITUTES EXPRESS CONSENT CONFIRMING THE UNDERSTANDING AND APPROVAL OF THE CONTENT OF THE DOCUMENTS MENTIONED ABOVE.

USERS’ LACK OF KNOWLEDGE OF THE CONTENT OF THESE TERMS AND CONDITIONS DOES NOT JUSTIFY NON-COMPLIANCE WITH THEM, AND MUCH LESS DOES IT ENTITLE USERS TO TAKE PRIVATE OR LEGAL ACTION THAT DISREGARDS WHAT IS SET FORTH HEREIN.


IF YOU DO NOT ACCEPT THE CONTENT OF THESE TERMS AND CONDITIONS IN FULL, PLEASE DO NOT PROCEED WITH THE PURCHASE OF PRODUCTS THROUGH THE PORTAL PROVIDED BY COLO COFFEE S.A.S. FOR THIS PURPOSE. USE OF THE WEBSITE IS RESTRICTED SOLELY TO THOSE WHO ACCEPT THE GUIDELINES AND CONDITIONS SET OUT HERE.

ONLY PRODUCTS THAT COMPLY WITH THE REQUIRED HEALTH PERMITS AND LICENSES ARE SOLD.

  • Definitions

    • In order to establish the meaning of the concepts used in these Terms and Conditions, we set out the following definitions:

  • Authorization: The prior, express, and informed consent given by Users to be bound by these Terms and Conditions and to allow the processing of their personal data.
  • Products: Refers to the alcoholic or non-alcoholic beverages and other non-consumable goods or “souvenirs” that are advertised through our web portal. The Products that may be advertised are:

    • Roasted coffee: These will be advertised either as sets or individually. In the case of units advertised individually, THE product will be advertised with an individual reference photo, together with its unit price (VAT included) and the number of grams it contains. Conversely, in the case of combos or “packs,” the combo or “pack” will be advertised indicating the number of units it contains, the type of coffee, and the individual grams of each product.

    Non-consumable goods or “souvenirs”: refers to the sale of other kinds of items, such as: t-shirts, sweatshirts, caps, cups, keychains, among others. These will be advertised individually by means of reference photographs, indicating the total price (VAT included) and their sizes and/or dimensions.

  • Material: Refers to the registered trademarks, graphic or written information about the Products, as well as their reference images. Likewise, the advertisements, news, brands, designs, layouts, and interactive features presented by Colo Coffee S.A.S. on the website will be considered Material. This Material is duly protected under the intellectual property regulations in force in Colombia and belongs to Colo Coffee S.A.S. and/or its affiliates or associates exclusively.
  • Payment Methods: Refers to the payment options that Colo Coffee S.A.S. offers to Users of the website. Payments may be made through all the payment options established and allowed by the payment gateway implemented (by way of example and without limitation: credit cards, debit cards, and bank debit).

    • Personal Data Processing Policy: Refers to the policy published at https://www.poladelpub.com/pages/autorizacion-para-el-tratamiento-de-datos-personales

  • , which describes in detail how we collect and store the personal information of Users that is requested in order to make a purchase through the website.
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  • PQR´s: Refers to any requests, complaints, and claims submitted by Users of the website. These may be verbal or written and must be governed by the content of these Terms and Conditions.
  • Use and Access

    • Once Users enter the website’s shopping portal, they understand that the selection and purchase of Products is governed by these Terms and Conditions. Users will choose, of their own free will, the Products to purchase on the website and the personal information to share, which will be processed in accordance with the Personal Data Processing Policy of Colo Coffee S.A.S.

    Use of the website by Users is at their sole risk and responsibility. Likewise, Users will only use the services offered through the website in accordance with the applicable laws of the Republic of Colombia, good customs, and these Terms and Conditions.

    Users acknowledge that Colo Coffee S.A.S.. does not guarantee:

  • That access to the website will be permanent and uninterrupted.
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  • That use of the website will be permanently free of errors.
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  • That the service and the server or servers through which the website operates are free of viruses and/or other agents harmful to the computer systems (software or hardware) of Users’ devices. For this reason, Users are responsible for taking all appropriate measures to prevent and/or correct the undesired effects of such agents, which are external to Colo Coffee S.A.S.. In this regard, Colo Coffee S.A.S. neither controls nor guarantees the absence of viruses or other elements in the website’s content that could cause alterations to Users’ devices (mobile or otherwise) and the information stored on them.

    • Colo Coffee S.A.S. may apply supplementary terms and conditions to certain activities, events, or promotions for particular Products. These supplementary terms and conditions will be communicated together with the activity, event, or promotion to which they apply. The supplementary terms and conditions will be established in addition to the Terms and Conditions and will be considered part of them. The supplementary terms and conditions will prevail over the Terms and Conditions in the event of a conflict regarding their applicability.

    Colo Coffee S.A.S. informs Users that the promotions offered at its physical retail locations may not match the sale of products through the website.

    Colo Coffee S.A.S. reserves the right to modify these Terms and Conditions at any time and unilaterally, whenever it deems appropriate, without prior notice to Users. Such modifications will only take effect after their publication on the website. Accordingly, each time Users access the website, they must review the Terms and Conditions and, if they do not agree with the modifications made, they must refrain from using the services offered by the website and must not make the corresponding purchase through this channel.

    Use of the website by Users after the publication of one or more modifications constitutes express acceptance to be bound by the Terms and Conditions together with the changes made after their publication. Colo Coffee S.A.S. is not responsible for any harm that such modifications may cause to uninformed Users, since it is solely their responsibility to review the Terms and Conditions periodically to learn of any potential modifications they may undergo.

    These Terms and Conditions, any changes or modifications made to them, and any supplementary terms and conditions that are developed will always be subject to the regulations in force and good customs, and will seek to improve the service and experience offered to Users through the website.

  • Hours of operation

    • The website will operate continuously 24 hours a day, 7 days a week. However, for its proper functioning and improvement, Colo Coffee S.A.S. reserves the right to suspend the operation of the website to carry out maintenance, updates, corrections, improvements, among others.

    The suspension may be carried out unilaterally and for as long as Colo Coffee S.A.S. deems appropriate and necessary. In such events, Colo Coffee S.A.S. will inform Users when the platform is or will be subject to suspension and will not be obligated to indicate the origin, cause, or duration of the suspension of the service offered through the website.

  • Coverage, deliveries, and minimum purchase amount

    • Coverage: The website will allow any User to register, log in, and use it without distinction, but its coverage for the delivery of Products is available throughout the country wherever the shipping company provides coverage.

    Deliveries: For purchases of Products made through the website for delivery in the city of Bogotá, the maximum delivery time will be 2 business days. For delivery elsewhere in Colombia, we are bound by the shipping company’s delivery times, which may range from 2 to 15 business days. The estimated time will be counted from the order confirmation. This confirmation will be sent, after payment for the Product(s), to the email address provided by Users at the time of purchase.

    Purchases made up to 03:00 pm on any business day, or on Saturdays, Sundays, and public holidays, may be confirmed by Colo Coffee S.A.S. to Users at those times and on those days; however, the Products will be delivered within the estimated time indicated above, which will begin to count from the first business day following the purchase.

    The delivery address will be the one provided by Users at the time of purchase. Colo Coffee S.A.S. does not promise to deliver the Products within a specific minimum time and, therefore, the time indicated is an estimate. Delivery of the Products will be subject to factors such as their availability, delivery couriers (direct or indirect), and likewise the traffic and/or weather conditions that may arise while our couriers are making deliveries.

    Colo Coffee S.A.S. does not verify in advance the addresses provided by Users, so if a delivery address provided is outside the coverage area, Colo Coffee S.A.S. will not deliver the purchased Product. Should this situation arise, Colo Coffee S.A.S. may reverse the purchase made, refunding the amount paid to the User and/or asking the User to provide an address within the coverage area in order to make the delivery; in which case, if applicable, the User must cover any additional costs generated by such new delivery.

    Once Users have created a purchase order through the Website, they agree to be contacted by the staff of Colo Coffee S.A.S. and/or by the external personnel it designates, who are in charge of delivering the Products purchased through the website, and who will contact the phone number and/or email address provided by Users to carry out the corresponding delivery. Colo Coffee S.A.S. will only deliver to private residences and, therefore, will not deliver to public spaces or places open to the public. Delivery will be made directly to the User. The User may authorize orders to be delivered to third parties. When the User authorizes third parties to receive the Products purchased through the website, once Colo Coffee S.A.S. makes the delivery, its responsibility will cease, except as provided by consumer protection regulations.

    The Products advertised on the website are subject to inventory availability. The User may select the Products they wish in the quantities they prefer, which will be disclosed by Colo Coffee S.A.S. in a purchase summary indicating (i) the total value of the Products to be purchased, (ii) any discounts, if applicable, and (iii) any taxes and delivery surcharges that may apply. Once this information has been disclosed, the User may pay for their Products through the Payment Methods implemented on the website.

    Users will allow the staff of Colo Coffee S.A.S. and/or the third parties it designates to make deliveries to contact them in order to clarify information, report unavailable products, confirm delivery details, provide shipping status updates, among others, via their email address and/or text messages (SMS) and/or WhatsApp and/or phone calls to the mobile phone number provided at the time of purchase.

    Minimum purchase amount: Colo Coffee S.A.S. establishes a minimum purchase amount through the website, which is $ 23.000 COP (VAT included).

    Delivery cost: The shipping cost will be borne by the Users of the website. Colo Coffee S.A.S., in the purchase summary, will inform Users of the delivery cost for the Products purchased through the website. Notwithstanding the above, Colo Coffee S.A.S. reserves the right to cover this cost during promotional activities, in which case it will not be charged and Users will be informed in the purchase summary that the shipping cost will be $ 0 COP.

  • Users’ Rights.

    • Since these are perishable Products delivered to the customer’s address and purchased through the website of Colo Coffee S.A.S. and pursuant to Article 47, paragraphs 4 and 6 of Law 1480 of 2011, the right of withdrawal does not apply.

    Notwithstanding the above, Users may submit return and warranty requests, which will be processed in accordance with the provisions of these Terms and Conditions relating to PQR´s. In the event of refunds, Users are advised that these processes will be subject to the terms and conditions of the intermediaries that provide the payment gateway service on the website.

    Colo Coffee S.A.S. is not responsible for the processing of Users’ personal data carried out by the payment gateways. Users are advised that they must review and accept the terms and conditions and personal data processing policy of the payment gateways, in order to authorize them to duly process their personal and financial data when purchasing the Product through the website.

    Users will have the right to cancel orders only before making payment through the Payment Methods implemented on the website. For questions about changes and/or cancellations, Users must get in touch between 8:00 a.m. and 4:00 p.m. on business days, by phone only, through the following lines: 7030325

  • Liability

    • Colo Coffee S.A.S. is not liable for any type of direct, indirect, incidental, special, or consequential damage, lost profits, or actual damages that Users may suffer arising from their use of the website, nor with respect to the partial or total suspension or termination of its operation.

  • General Provisions

    • Authorization: Colo Coffee S.A.S. clarifies that Users who wish to use the website must give their Authorization to these Terms and Conditions and to the processing of their personal data, giving their prior, express, and informed consent by checking the corresponding box, which reads as follows “I have read and agree to the Terms and Conditions and the Personal Data Processing Policy”.

    Intellectual Property: All Material implemented and used on the website is the property of Colo Coffee S.A.S., its affiliates, or associates. Consequently, Users may not utilize, implement, disclose, use, copy, reproduce, modify, remove, and/or commercially exploit such Material. This restriction applies at all times and in all territories, and covers all existing or future forms of information dissemination (technology-based or otherwise). In this sense, use of the website by Users does not imply or grant any license or permission in their favor to use the Material in any way, without the prior written consent of Colo Coffee S.A.S.

    Cookies: Users of the website authorize and accept that Colo Coffee S.A.S., at its discretion, may implement or use a tracking system through the use of cookies. Colo Coffee S.A.S. informs that cookies are files installed on Users’ hard drives, with a defined duration, that allow Users’ searches and preferences on the website to be personalized. These cookies are used to learn about the interests, behavior, and demographics of those who purchase from or visit the website, so that Colo Coffee S.A.S. can develop preference identification systems and Users can view their favorite Products in a simpler and friendlier way and, eventually, receive promotions on those Products purchased most frequently. Colo Coffee S.A.S. states that cookies will be used solely for the purpose of enhancing Users’ experience on the website. In light of the above, Colo Coffee S.A.S. will not use them for any other purpose.

    It is established that the installation, retention, and existence of cookies on the computer or mobile device through which the User accesses the website depends solely on the User’s will and they may be deleted from it whenever the User wishes. To learn how to delete cookies from your system, please refer to the “Help” section of your browser or mobile device.

    PQR’s: If Users have any questions regarding the Terms and Conditions, the Personal Data Processing Policy, use of the website, or the username and/or password used on it, they may contact Colo Coffee S.A.S. by writing to the email address diego@colo.coffee

    Colo Coffee S.A.S. will have a channel through which Users can exercise their rights and submit PQR´s regarding the content of these Terms and Conditions, the Products, and their delivery. To do so, any User wishing to submit a PQR must contact us through any of the following means: phone lines: 7030325 and/or email: diego@colo.coffee, and Colo Coffee S.A.S. will respond within the legal deadlines established by the regulations in force.

    Given that the website receives payment from Users through a third-party platform, Colo Coffee S.A.S. may redirect the request to said payment gateway service provider for resolution.

    Jurisdiction: Any dispute or claim arising from the use of the website will be resolved exclusively in accordance with the laws and courts of the Republic of Colombia.

    Effective Date: These Terms and Conditions take effect and are binding on Colo Coffee S.A.S. and the Users of the website as of their publication (Publication date: 28/07/2020). The most recent modification was made on: 28/07/2020