TERMS AND CONDITIONS OF THE SITE

The use of the E-commerce Page implies the express and full knowledge and acceptance of these terms and conditions. The user who does not agree with these terms and conditions has the full right not to use the E-commerce Page. However, the use of the E-commerce Page fully demonstrates full, total and unconditional acceptance of the following terms and conditions.

Object. These terms and conditions regulate the relationship between the User and Sempertex de Colombia SAS (hereinafter, “Sempertex””) regarding the access and use by the User of the E-commerce Website owned by Sempertex (hereinafter , “ E-commerce Page”). The User, upon entering the E-commerce Page through any known method or means or by knowing and/or accepting the terms and conditions, is bound by them.

The E-commerce Page is a Sempertex tool, through which Sempertex will share advertising information through which it makes known its products, catalogues, services, and in general information related to the company, for the user's knowledge and/or or interest in acquiring any of the above.

Users. Natural persons who meet all of the following requirements, in addition to any other established in this document, may use the E-commerce Page:

Adults

1. Accept these terms and conditions; and
2. Authorize the processing of personal data under the terms of the Personal Data Processing Policy located at https://shop.sempertex.com/pages/politica-de-tratamiento-de-datos-personales

Scope of the terms and conditions . These terms and conditions fully and completely govern the use of the E-commerce Page. Therefore, by CLICKING on the I ACCEPT window or using the E-commerce Page, the User automatically expresses his or her full and total understanding and acceptance of these terms and conditions, as well as the guidelines, rules, notices and other conditions. and additional terms published on the E-commerce Page, all of which are an integral part of these terms and conditions.

Modifications . Sempertex may modify these terms and conditions at any time and will notify the User thereof, via email, on the same E-commerce Page, or other effective means. The User must accept these changes when entering the E-commerce Page in order to continue using this Page in accordance with the new terms and conditions.

Updates . Sempertex is not obligated to provide updates or improvements to the E-commerce Page. However, if Sempertex, in its sole discretion, updates, changes, decreases or improves the E-commerce Site, these terms and conditions will apply to such updates, changes, decreases, improvements, etc., unless indicated the opposite explicitly. For this purpose, Sempertex will notify the User about the updates, changes, reductions, improvements, etc., and the User must give their acceptance if they want to continue using the E-commerce Page.

Software . The User, directly or through a third party, may not use any software, service or application that modifies, closes, restricts, or redirects, or attempts to modify, close, restrict or redirect the E-commerce Page. The User will not access the E-commerce Page using automated means (such as harvesting bots , robots, spiders or scrapers ), nor may they allow a third party to access and/or use the E-commerce Page on their behalf or on their behalf. account through an automated process such as, for example, robots or web crawlers or periodic storage of the information contained on the E-commerce Page. The User agrees to be solely responsible (to Sempertex and third parties) for all the activities carried out on the E-commerce Page , and will hold Sempertex, its employees, shareholders, partners, subsidiaries, representatives, distributors, contractors and/or harmless. or service providers, etc., (hereinafter, the “Indemnifiable Parties”) for this concept. The User may not use any software or hardware that reduces the number of users who have access or use the E-commerce Page.

Intellectual property . The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, store, create derivative works, disclose, assign, sell and generally use commercially any information, software, products or services found on the Website. on and/or are part of the E-commerce Page.

All content of the E-commerce Page, including but not limited to photographs, texts, drawings, brands, music, software, technical developments, designs, images and in general everything protected by intellectual property rights, the image right and/or the right to the domains (hereinafter, the “Materials”) that is provided to be viewed, used or downloaded through the E-commerce Page, belongs and will belong to Sempertex or to third parties who have authorized or licensed to include them on the E-commerce Page. The User declares that he knows and accepts that he does not have and will not have any right over the Materials and that the use he makes of them must always be a private, non-commercial use, which does not violate honest and legal uses in terms of property rights. intellectual.

The User may not reproduce, disassemble, decompile and/or use reverse engineering techniques in the E-commerce Page, the Materials or in the software of the E-commerce Page and/or the Materials. All Materials are protected by intellectual property laws and international treaty provisions. Through these terms and conditions, the User is informed clearly and directly that the Materials are protected by national and international intellectual property law regulations, so the User accepts that any use made of the Materials outside of honest or legal uses in terms of intellectual property law is a use in bad faith, with the manifest intention of harming Sempertex and/or a third party, and obtaining a benefit for oneself or a third party as a result. .

If the User infringes the intellectual property rights of another person, or if Sempertex receives information about a possible infringement of its rights or the rights of third parties, Sempertex will be entitled to delete the information of the infringing User immediately and pursue compensation for the damages caused to Sempertex as a result of the infringement. The User is solely responsible for the content uploaded or used on the E-commerce Page.

User Responsibility . Sempertex will make its best efforts to make the E-commerce Page a secure site, but cannot guarantee it. The security of the E-commerce Page is also the responsibility of the User, which implies the following commitments:

1. Do not send or publish in any way unauthorized commercial communications (such as spam) on the E-commerce Page;
2. Do not collect content or information from other users, or otherwise access the E-commerce Page, using automatic means (such as harvesting bots , robots, spiders or scrapers ) without authorization from Sempertex.
3. Do not participate in illegal multi-level marketing on the E-commerce Page, such as pyramid schemes;
4. Do not upload viruses or malicious code of any kind.
5. Do not request information from other users or access another user's information.
6. Do not bother, intimidate or harass any user.
7. Do not post content that is hurtful, intimidating or pornographic, that incites violence or that contains nudity or graphic or unjustified violence.
8. Do not use the E-commerce Page for illegal, deceptive, malicious or discriminatory acts.
9. Do not take any action that could disable, overload or affect the correct functioning of the E-commerce Page, such as, for example, a denial of service attack.
10. Do not facilitate or encourage the violation of these terms and conditions.

Likewise, as a condition for the use of the E-commerce Page, the User:

• You will not use the services for any illegal purpose, which is prohibited by current regulations, honest uses and/or the terms and conditions, or which violates the honor and good name of the Indemnifying Parties or third parties;
• You will not use the E-commerce Page in any way that could damage, disable, overload, reduce and generally modify the capacity of the E-commerce Page or interfere with the use and enjoyment thereof by third parties;
• You will not circumvent, disable or otherwise manipulate, or attempt to circumvent, disable or manipulate the security features of the E-commerce Site, nor alter or modify any part of the E-commerce Site;
• You will not attempt to obtain unauthorized access to any account and/or information of third parties, nor will you interfere and/or manipulate in any way the accounts, computer systems or networks related to the E-commerce Page;
• You will not obtain or attempt to obtain from the E-commerce Page and/or Sempertex any material or information through any means that has not been intentionally provided or made available through the E-commerce Page;
• You will not offer services for commercial purposes to third parties nor will you have the right to receive any amount from third parties for the use of the E-commerce Page, either directly or indirectly, without the prior written consent of Sempertex;
• You will be fully and exclusively responsible for your use of the E-commerce Page and will hold Sempertex and all Indemnifiable Parties harmless in this regard;
• You will guarantee that all the information you send, incorporate and/or manifest in the use of the E-commerce Page is true and accurate and that it does not hide or alter information of any kind.

If the User fails to comply with any of the obligations or provisions included in these terms and conditions, or in any way puts Sempertex at risk or exposes it legally, Sempertex may block or restrict the User's access to the E-commerce Page, in addition of the legal actions that may arise.

Uses of the E-commerce Page . The User may not use the E-commerce Page to advertise or offer to buy or sell products or services, nor to run a business or develop a business activity or commercial exploitation of any type without the prior written consent of Sempertex. .

The user:

• You will not use the E-commerce Page in surveys, contests, pyramid schemes, chain messages, spam, mass mail or any repetitive message, whether widely distributed or not;
• You will not defame, abuse, harass, spy on, threaten or otherwise violate the legal rights of others (such as the right to privacy) who use the E-commerce Site;
• You will not create a false identity in order to mislead other users or Sempertex;
• You will not publish, transfer, distribute, or disclose on the E-commerce Page any topic, name, information or material that is inappropriate, irreverent, defamatory, obscene, indecent, intimidating, illegal or that incites violence, expresses ideology, discriminates, constrains or generate confusion;
• You will not transfer, stream or otherwise provide files or other material containing images, photographs, software, applications or other material protected by intellectual property rights, privacy rights or image rights, unless you have the ownership or control of the rights thereto or has received all necessary consents to do so;
• You will not use any material, works or information, including images, texts and photographs, provided through the E-commerce Page in any way that infringes the rights of third parties or Sempertex;
• You will not transfer, stream or otherwise provide files or other material that contains viruses, "Trojan horses", "worms", time bombs, erasers, corrupted files or any other similar programs or software that may impair the operation of the Services. equipment of third parties, those of Sempertex and/or the Indemnifying Parties;
• will not violate any code of conduct or any guideline that is applicable to the E-commerce Page; (ix) you will not use the E-commerce Page to collect or otherwise compile any information about third parties, including email addresses.

Sempertex reserves the right to remove the information published on the E-commerce Page by the User when it considers it necessary, without prior notice, and will not be responsible for the loss of said information in the event that the User does not have a copy of the same.

Sempertex respects the rules and rights of third parties and invites and requires Users to do so as well. Therefore, no User may upload to the E-commerce Page or use on the E-commerce Page materials or goods protected by intellectual property rights for which they are not the owner or licensee authorized to use them. Any unauthorized use, in Sempertex's opinion, will allow Sempertex to remove the User from the E-commerce Page.

You may notify Sempertex by email (shop@sempertex.com) if you are aware that any material on the E-commerce Page infringes your intellectual property rights or those of a third party.

Supervision . By accepting the terms and conditions of the E-commerce Page, the User authorizes Sempertex to monitor and/or record at any time communications, data transfers, file exchanges, browsing processes, etc., for the purposes of: (i) verify and guarantee the User's compliance with the terms and conditions; (ii) comply with applicable law and legal procedures; (iii) protect the rights, property and interests of Sempertex, the Indemnifying Parties and/or the general public; (iv) supervise the provision of services.

Sempertex also reserves the right to modify, refuse to transfer or remove any information or material, in whole or in part and at its sole discretion, and even reserves the right to withdraw the entire E-commerce Page from public access. without the need for prior notice to the User. The closure of the E-commerce Page by Sempertex, which may be carried out at its sole discretion, will not generate the payment of commission, price, compensation, penalty clause, fee, bonus, compensation or in general any payment to the User.

User Information Management. By accepting these terms and conditions, the User authorizes Sempertex to collect, store, process, update and use the User's personal information consisting of: name, surname, physical address, and email, for the Sempertex database. . Sempertex will not share any personal information with third parties for third-party marketing purposes, or for fraudulent purposes or that contravene the applicable regulations on personal data protection in Colombia.

Users must provide their personal information (name, surname, physical address, email) in the means that Sempertex determines, in an exact, precise and true manner (hereinafter, the "Personal Data") and assume the commitment to update the Data Personal as necessary. Users declare and guarantee that the Personal Data is accurate, true, current and authentic.

By providing their Personal Data, the User is authorizing Sempertex to process their Personal Data in accordance with the purposes established in the Sempertex Personal Data Processing Policy, which can be found at the following link: https:// shop.sempertex.com/pages/personal-data-treatment-policy

By authorizing the processing of personal data, the User states that he or she knows and accepts the terms of processing of his or her Personal Data by Sempertex, in accordance with the Personal Data Processing Policy that can be found in the link reported above.

Exemption from Liability . Sempertex provides the User with the E-commerce Page "as is", "with all faults" and "as available", and the User assumes all risk related to its use. Sempertex and/or the Indemnifiable Parties are not responsible for the use that the User intends or gives to the E-commerce Page.

Sempertex will not be responsible for the information provided by the User on the E-commerce Page, the User is directly responsible for the information provided.

Sempertex is not obliged to provide access to the E-commerce Page in a secure manner and free of interruptions or errors, nor is it obliged to correct defects in the operation or functionalities of any software provided to the User. Sempertex may modify the E-commerce Page or the functions at any time, in any way and for any reason without prior notice. Under no circumstances will the Indemnifying Parties (including Sempertex) be liable for any direct and/or indirect damages based on or resulting from the use of the E-commerce Page by the User. If the User is not satisfied with any part of the E-commerce Page or with any of the conditions of use provided in the terms and conditions, his sole and exclusive remedy will be to discontinue use of the E-commerce Page. The User agrees to indemnify, safeguard and hold harmless the Indemnifiable Parties against any claim or demand, including attorneys' fees, brought by third parties that arises from or arises from the User's use of the E-commerce Site and/or the Materials outside the terms of the Contract. Sempertex has the autonomous, exclusive and absolute right to prevent the use of the E-commerce Page by the User and/or to report the User to the competent authorities for non-compliance with the terms and conditions. Likewise, you have the right to collect the sums that have been generated for the damages caused by the User.

Security. Sempertex uses appropriate technology and takes appropriate security precautions for the development, operation, maintenance and/or use of the E-commerce Page. Except for the adoption of appropriate security measures, Sempertex does not guarantee that the E-commerce Page is completely secure against inappropriate use, disclosure, loss, sale, license, destruction, etc. of the User's personal information, their resources and/or their computer files, due to acts of third parties or that are beyond the control of Sempertex. It is the User's personal responsibility to ensure that their computer is suitable and secure and protected against software such as Trojan horses, computer viruses, worm programs and/or hacking, among other malicious interventions by third parties.

Access . The E-commerce Page and its use are focused exclusively on the Republic of Colombia, even when they are accessible by users outside the Republic of Colombia.

Exact information . The User agrees to provide the true, accurate, current and complete information requested by Sempertex. The User undertakes to update their data and information to keep them updated and accurate. Sempertex guarantees in all cases the confidentiality and secure processing of the data provided by the User. Sempertex understands that all information entered by the User is true and is done voluntarily.

Purchase cancellation . If the customer wants to cancel a purchase, they can do so through the Telephone Service Center +57 3205422155, but if the product has already been sent by Sempertex to the address indicated by the Customer, the customer must pay the cost of the withdrawal, which has the same rate. of shipping.

Important information : This website, although it is a secure site, is not free of errors and consequently the general information, as well as the characteristics of the advertised products and prices may vary due to human or technological errors, manipulation by third parties. unauthorized access, viruses or any technological invasion or manipulation event. Consequently, all transactions are subject to subsequent verification by Sempertex. The products and prices included on this website are aimed at the general public as undetermined persons and therefore confirmation and acceptance by Sempertex of your purchase order and payment made will always be necessary, at which time the corresponding payment will be issued. invoice and the sales contract between the User and Sempertex will be perfected. Consequently, the User expressly authorizes Sempertex and the bank or payment method chosen to carry out any transaction, to carry out its reversal in any event if the transaction is not confirmed for any reason.

Payment Policy.

At Sempertex we use MERCADO PAGO as a payment gateway, a company recognized for its high security standards because they use tools for the encryption of information, which guarantee compliance with the processing of personal data that travels safely on the web. By using the MERCADO PAGO platform, the client accepts the terms and conditions and processing of personal data of MERCADO PAGO to make payments and accept money refunds if applicable. Sempertex never stores banking information of buyers, such as credit card numbers and/or bank accounts, since this information is sent directly to MERCADO PAGO who is responsible for its administration.

Note: all money refunds generated (following the guidelines of our exchange and return policies) will be managed through the MERCADO PAGO platform to the client's original payment method. To carry out this management correctly.

Shipping Policy.

To review the shipping policies of the Sempertex website, you can consult them published at the following link: https://www.sempertex.com/pages/politica-de-envios

Exchange and Returns Policy.

To review the exchange and return policies on the Sempertex website, you can consult them published at the following link: https://www.sempertex.com/pages/cambios-y-devoluciones

Payment Methods

To review the payment methods on the Sempertex website, you can consult them published at the following link: https://www.sempertex.com/pages/formas-de-pago

RIGHT TO WITHDRAWAL

If the buyer wishes to change any of our products or retract the purchase, he must bear in mind that in accordance with the right of withdrawal enshrined in article 47 of the Consumer Statute, the maximum period to exercise this right is 5 days. business days counted from the purchase of the product. For the refund of the money it may not exceed 30 calendar days and will proceed according to our exchange and return policy. Returning the product is at the customer's expense.