Términos y condiciones
These terms and conditions (hereinafter referred to as the "Terms and Conditions") regulate the access and use of the website that Colo Coffee S.A.S. makes available to its customers for the purchase of its products. When using the Colo Coffee S.A.S. website, customers are advised that:
USERS MUST READ THESE TERMS AND CONDITIONS CAREFULLY, TOGETHER WITH THE POLICY FOR THE TREATMENT OF PERSONAL DATA, BEFORE USING THE PLATFORM. THE USE OF THE WEBSITE IMPLIES THE RESPECTIVE EXPRESS CONSENT REGARDING THE UNDERSTANDING AND APPROVAL OF THE CONTENT OF THE AFOREMENTIONED DOCUMENTS. THE USERS' LACK OF KNOWLEDGE ABOUT THE CONTENT OF THESE TERMS AND CONDITIONS DOES NOT JUSTIFY NON-COMPLIANCE WITH THEM, MUCH LESS DOES IT EMPOWER USERS TO TAKE PARTICULAR OR LEGAL MEASURES THAT DISREGARD WHAT IS STATED IN THEM.
IN CASE THE CONTENT OF THESE TERMS AND CONDITIONS IS NOT FULLY ACCEPTED, PLEASE DO NOT PROCEED WITH THE PURCHASE OF THE PRODUCTS THROUGH THE PORTAL PROVIDED BY COLO COFFEE S.A.S. FOR THIS PURPOSE. THE USE OF THE WEBSITE IS RESTRICTED ONLY TO THOSE WHO ACCEPT THE GUIDELINES AND CONDITIONS DESCRIBED HERE. ONLY PRODUCTS THAT COMPLY WITH SANITARY PERMITS AND LICENSES ARE SOLD.
In order to determine the meaning of the concepts used in these Terms and Conditions, we make the following definitions:
prior, express, and informed consent given by users to submit to these Terms and Conditions and to carry out the processing of their personal data.
refers to alcoholic or non-alcoholic beverages and other non-consumable goods or "souvenirs" that are advertised through our website. The products that may be advertised are:
Roasted coffee: These will be advertised jointly or individually. When it comes to units advertised individually, the product will be announced through an individual reference photo, along with its unit value (VAT included) and the number of grams it contains. On the contrary, when it comes to combos or "packs," the combo or "pack" will be announced indicating the number of units it contains, the type of coffee, and the individual grams of each product.
Non-consumable goods or "souvenirs": corresponds to the sale of other types of articles, such as T-shirts, sweatshirts, caps, glasses, key chains, among others. These will be advertised individually through reference photographs, indicating the total price (VAT included) and sizes and/or dimensions of the same.
- Material: refers to the registered trademarks, graphic or written information of the Products, as well as their reference images. Similarly, the ads, news, trademarks, designs, schemes, and interactive features presented by Colo Coffee S.A.S. on the website will be considered Material. This Material is properly protected under the current intellectual property regulations in Colombia and belongs solely to Colo Coffee S.A.S. and/or its affiliates or associates.
- Payment Methods: refers to the payment methods that Colo Coffee S.A.S. offers to users of the website. Payments can be made through all payment methods established and allowed by the implemented payment gateway (for illustrative purposes only and not limited to: credit cards, debit cards, and bank debits).
Policy for the Treatment of Personal Data: refers to the policy published at https://www.poladelpub.com/pages/autorizacion-para-el-tratamiento-de-datos-personales, which provides a detailed reference on how we collect and store the personal information of users, which is requested to make a purchase through the website.
- PQR's: refers to eventual 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
Users, once they access the purchasing portal on the website, understand that they are governed by these Terms and Conditions for the selection and purchase of Products. Users will choose, of their own free will, the Products to be purchased on the website and the personal information to be shared, which will be treated in accordance with Colo Coffee S.A.S.'s Personal Data Processing Policy.
Users acknowledge that Colo Coffee S.A.S. does not guarantee:
- That access to the website will be permanent and uninterrupted.
- That the use of the website will be permanently free of errors.
That the service and the server or servers through which the website operates are free of viruses and/or other harmful agents for Users' computer systems (software or hardware). Therefore, Users are responsible for taking all relevant measures to prevent and/or correct the undesired effects of such external agents to Colo Coffee S.A.S.. In this sense, Colo Coffee S.A.S. does not control or guarantee the absence of viruses or other elements in the contents of the website that may produce alterations in their devices (mobile or not) and the information hosted on it.
Colo Coffee S.A.S. may apply supplementary terms and conditions to certain activities, events, or promotions of Products in particular. These supplementary terms and conditions will be communicated jointly with the activity, event, or promotion to which they apply. Supplementary terms and conditions will be established in addition to the Terms and Conditions and will be considered part of them. Supplementary terms and conditions will prevail over the Terms and Conditions in case of a conflict regarding their applicability.
Colo Coffee S.A.S. informs Users that promotions offered in physical retail establishments may not coincide with the commercialization of products through the website.
Colo Coffee S.A.S. reserves the right to unilaterally modify these Terms and Conditions at any time, when deemed appropriate, without prior notice to Users. Such modifications will only be effective after they have been published on the website. Therefore, Users must review the Terms and Conditions every time they access the website, and if they do not agree with the modifications made, they must refrain from using the services offered by the website, not making the respective purchase through this medium.
The use of the website by Users after the publication of one or more modifications constitutes their express acceptance of being bound by the Terms and Conditions together with the changes made after their publication. Colo Coffee S.A.S. is not responsible for the damages that such modifications may cause to uninformed Users, as it is the exclusive responsibility of the Users to periodically review the Terms and Conditions to learn about potential modifications that may occur.
These Terms and Conditions, any eventual changes or modifications made to them, and any supplementary terms and conditions developed, will always be subject to current regulations, good customs, and seeking to improve the service and experience offered to Users through the website.
The website will operate continuously 24 hours a day, 7 days a week. However, for the proper functioning and improvement of the website, Colo Coffee S.A.S. reserves the right to suspend the operation of the website to perform maintenance, updates, corrections, improvements, among others.
The suspension may be made unilaterally and for the time that Colo Coffee S.A.S. considers pertinent 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 obliged to indicate the origin, cause, or duration of the suspension of the service offered through the website.
- Coverage, deliveries, and minimum purchase value: Coverage: The website will allow the registration, entry, and use of any User, but its coverage for the delivery of Products is available throughout the country with coverage from the transport company.
Regarding purchases made through the website for Products to be delivered in the city of Bogotá, there will be a maximum delivery period of 2 business days. For deliveries in Colombia, we are limited to the delivery times of the transport company, which may range between 2-15 business days. The estimated period will be counted from the confirmation of the order. This confirmation will be sent to the email provided by Users at the time of purchase.
Those purchases made until 03:00 pm on any business day, Saturdays, Sundays, and holidays, may be confirmed by Colo Coffee S.A.S. to Users during those hours and days. However, the Products will be delivered within the estimated period indicated above, which will begin counting from the first business day following the purchase.
The delivery address will be the one provided by the 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 indicated time is an estimate. The delivery of the Products will be subject to factors such as availability, delivery personnel (direct or indirect), and traffic and/or weather conditions that may arise at the time when our delivery personnel are making the deliveries.
Colo Coffee S.A.S. does not perform prior verification of the addresses provided by the Users. Therefore, if a delivery address provided is outside of the coverage area, Colo Coffee S.A.S. will not deliver the purchased Product. In this situation, Colo Coffee S.A.S. may reverse the purchase, refunding the User for the purchase price, and/or requesting that the User provide a delivery address within the coverage area for the delivery. In such a case, if applicable, the User will be responsible for any additional costs generated by the new delivery.
Once a purchase order is created through the Website, Users agree to be contacted by Colo Coffee S.A.S. staff and/or external personnel designated by Colo Coffee S.A.S., who are responsible for delivering the Products purchased through the Website. They will contact the phone number and/or email address provided by the User to make 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. The delivery will be made directly to the User. The User may authorize third parties to receive the orders. When the User authorizes third parties to receive the Products purchased through the Website, Colo Coffee S.A.S. will no longer be responsible once the delivery has been made, except for those rules related to consumer rights.
The Products advertised on the Website are subject to inventory availability. Users may select the Products they wish to purchase in the quantities they prefer, which will be disclosed by Colo Coffee S.A.S. in a purchase summary that will indicate (i) the total value of the Products to be purchased, (ii) any applicable discounts, and (iii) any taxes and home 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 Colo Coffee S.A.S. collaborators and/or third parties designated by Colo Coffee S.A.S. to contact them to clarify information, inform them of products that are not available, confirm delivery information, provide shipping status updates, among others, through their email, text messages (SMS), WhatsApp, and/or phone calls to the mobile phone number provided at the time of purchase.
Minimum purchase value: Colo Coffee S.A.S. sets a minimum purchase value through the Website, which is the sum of $23,000 COP (including VAT).
The shipping cost will be the responsibility of the Users of the Website. Colo Coffee S.A.S. will inform Users of the delivery cost of the Products purchased through the Website in the purchase summary. Notwithstanding the foregoing, Colo Coffee S.A.S. reserves the right to assume 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.
As these are perishable products delivered to the home and purchased through Colo Coffee S.A.S.'s website, and in accordance with Article 47, paragraphs 4 and 6 of Law 1480 of 2011, the right of withdrawal does not apply.
Notwithstanding the foregoing, Users may submit requests for returns and warranties, which will be processed in accordance with the terms and conditions related to PQRs. In the event of refunds, Users are advised that these processes must be subject to the terms and conditions of the intermediaries that provide the payment gateway service on the website.
Users will have the right to cancel orders only before making payment through the Payment Methods implemented on the website. In case of concerns about changes and/or cancellations, Users must contact us between 8:00 a.m. to 4:00 p.m. on business days by telephone only, through the following lines: 7030325.
Colo Coffee S.A.S. is not responsible for any direct, indirect, lost profits, consequential, incidental, special or consequential damages that Users may suffer from their use of the website, nor with respect to the partial or total suspension or termination of its operation.
Authorization: Colo Coffee S.A.S. clarifies that Users who wish to use the website must grant their authorization to these Terms and Conditions and the processing of their personal data, giving their prior, express and informed consent by selecting the corresponding box that reads as follows: "I have read and agree to the Terms and Conditions and the Policy for the Processing of Personal Data."
It is established that the installation, permanence, and existence of cookies on the computer or mobile device, through which the User accesses the website, depends solely on their will and can be deleted from it whenever they want. To know how to delete cookies from the system, it is necessary to review the "Help" section of your browser or mobile device.
PQR's: If Users have any questions regarding the Terms and Conditions, the Personal Data Treatment Policy, the use of the website, or the user and/or password used through it, they can contact Colo Coffee S.A.S. by writing to the email firstname.lastname@example.org. Colo Coffee S.A.S. will have a channel for Users to exercise their rights, present PQR's about the content of these Terms and Conditions, the Products, and their delivery. For this, the User who wants to present any PQR must contact us through any of the following means: telephone lines: 7030325 and/or email: email@example.com, and Colo Coffee S.A.S. will respond within the legal deadlines established in the current regulations.
Taking into account 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 entity to resolve it.
Territoriality: Any difference or claim derived from the use of the website will be resolved in accordance with the legislation and courts of the Republic of Colombia only.
Validity: These Terms and Conditions come into force and are mandatory compliance for Colo Coffee S.A.S. and website users from their publication (Publication Date: 07/28/2020). The last modification made was on: 07/28/2020.