Terms of service

TERMS AND CONDITIONS OF THE WEBSITE

The use of the E-commerce Website implies the express and complete knowledge and acceptance of these Terms and Conditions. Any user who does not agree with these Terms and Conditions has the full right not to use the E-commerce Website. However, use of the E-commerce Website fully demonstrates complete, total, and unconditional acceptance of the following Terms and Conditions.

Purpose. These Terms and Conditions govern the relationship between the User and Sempertex de Colombia SAS (hereinafter, “Sempertex”) regarding the User’s access to and use of the E-commerce Website owned by Sempertex (hereinafter, the “E-commerce Website”). By accessing the E-commerce Website through any known or future means or method and/or by accepting these Terms and Conditions, the User agrees to be bound by them.

The E-commerce Website is a tool provided by Sempertex through which Sempertex shares advertising information to present its products, catalogs, services, and, in general, information related to the company for the User’s knowledge and/or interest in acquiring any of the foregoing.

Users. The E-commerce Website may be used by natural persons who meet all of the following requirements, in addition to any others established in this document:

Be of legal age.

1. Accept these Terms and Conditions; and
2. Authorize the processing of personal data under the terms of the Compliance Policies located in the Corporate Policies section.

Scope of the Terms and Conditions. These Terms and Conditions fully and entirely govern the use of the E-commerce Website. Therefore, by clicking the ACCEPT window or using the E-commerce Website, the User automatically expresses full understanding and complete acceptance of these Terms and Conditions, as well as any guidelines, rules, notices, and other additional conditions and terms published on the E-commerce Website, all of which form an integral part of these Terms and Conditions.

Modifications. Sempertex may modify these Terms and Conditions at any time and will notify the User through email, on the E-commerce Website itself, or through another effective means. The User must accept these changes upon entering the E-commerce Website in order to continue using it under the new Terms and Conditions.

Updates. Sempertex is not obligated to provide updates or improvements to the E-commerce Website. However, if Sempertex, at its sole discretion, updates, changes, reduces, or improves the E-commerce Website, these Terms and Conditions shall apply to such updates, changes, reductions, improvements, etc., unless explicitly stated otherwise. For this purpose, Sempertex will notify the User of such updates, changes, reductions, improvements, etc., and the User must provide acceptance if they wish to continue using the E-commerce Website.

Software. The User, either directly or through a third party, may not use any software, service, or application that modifies, closes, restricts, redirects, or attempts to modify, close, restrict, or redirect the E-commerce Website. The User shall not access the E-commerce Website using automated means (such as harvesting bots, robots, spiders, or scrapers), nor permit a third party to access and/or use the E-commerce Website on their behalf through an automated process such as robots, web crawlers, or periodic storage of information contained on the E-commerce Website.

The User agrees to be solely responsible (toward Sempertex and third parties) for all activities carried out on the E-commerce Website and shall indemnify and hold harmless Sempertex, its employees, shareholders, partners, affiliates, representatives, distributors, contractors, service providers, etc. (hereinafter, the “Indemnified Parties”) in this regard.

The User may not use any software or hardware that reduces the number of users who have access to or use the E-commerce Website.

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

All content on the E-commerce Website, including but not limited to photographs, texts, drawings, trademarks, music, software, technical developments, designs, images, and, in general, any asset protected by intellectual property rights, image rights, and/or domain rights (hereinafter, the “Materials”) provided for viewing, use, or download through the E-commerce Website, belongs and shall belong to Sempertex or to third parties who have authorized or licensed its inclusion on the E-commerce Website.

The User acknowledges and agrees that they have no rights and shall acquire no rights over the Materials, and that any use thereof must always be for private, non-commercial purposes and must not violate fair and lawful uses under intellectual property law.

The User may not reproduce, disassemble, decompile, and/or use reverse-engineering techniques on the E-commerce Website, the Materials, or the software supporting the E-commerce Website and/or the Materials.

All Materials are protected by national laws and international intellectual property treaties. Through these Terms and Conditions, the User is clearly informed that the Materials are protected under national and international intellectual property regulations. The User therefore agrees that any use of the Materials outside fair or lawful uses under intellectual property law shall be considered bad-faith use, carried out with the evident intention of harming Sempertex and/or a third party and obtaining a benefit for themselves or another party.

If the User infringes another person's intellectual property rights, or if Sempertex receives information regarding a possible infringement of its rights or those of third parties, Sempertex shall be entitled to immediately remove the infringing User’s information and seek compensation for damages caused as a result of the infringement.

The User is solely responsible for any content uploaded to or used on the E-commerce Website.

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

1. Not to send or publish unauthorized commercial communications (such as spam) through the E-commerce Website.
2. Not to collect content or information from other users or otherwise access the E-commerce Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without authorization from Sempertex.
3. Not to engage in illegal multi-level marketing activities, such as pyramid schemes.
4. Not to upload viruses or malicious code of any kind.
5. Not to request information from other users or access another user’s information.
6. Not to harass, intimidate, or bully any user.
7. Not to publish content that is offensive, threatening, pornographic, incites violence, or contains nudity or graphic or unjustified violence.
8. Not to use the E-commerce Website for unlawful, deceptive, malicious, or discriminatory acts.
9. Not to take any action that could disable, overload, or impair the proper functioning of the E-commerce Website, such as a denial-of-service attack.
10. Not to facilitate or encourage violations of these Terms and Conditions.
    

Likewise, as a condition for using the E-commerce Website, the User agrees that:

• They will not use the services for any illegal purpose, any purpose prohibited by applicable laws, honest business practices, and/or these Terms and Conditions, or any purpose that may harm the honor or reputation of the Indemnified Parties or third parties.
• They will not use the E-commerce Website in any way that may damage, disable, overload, diminish, or otherwise alter the capacity of the E-commerce Website or interfere with the use and enjoyment thereof by third parties.
• They will not circumvent, disable, manipulate, or attempt to circumvent, disable, or manipulate the security features of the E-commerce Website, nor alter or modify any part of the E-commerce Website.
• They will not attempt to gain unauthorized access to any account and/or third-party information, nor interfere with and/or manipulate in any way the accounts, computer systems, or networks related to the E-commerce Website.
• They will not obtain or attempt to obtain any material or information from the E-commerce Website and/or Sempertex through any means not intentionally made available through the E-commerce Website.
• They will not offer services for commercial purposes to third parties, nor be entitled to receive any payment from third parties for the use of the E-commerce Website, whether directly or indirectly, without the prior written consent of Sempertex.
• They shall be solely and entirely responsible for their use of the E-commerce Website and shall hold harmless Sempertex and all Indemnified Parties in this regard.
• They shall ensure that all information submitted, incorporated, and/or provided through the use of the E-commerce Website is truthful and accurate and does not conceal or alter any type of information.

If the User breaches any obligation or provision contained in these Terms and Conditions, or in any way puts Sempertex at risk or exposes it to legal liability, Sempertex may block or restrict the User’s access to the E-commerce Website, in addition to taking any legal actions available to it.

Use of the E-commerce Website. The User may not use the E-commerce Website to advertise or make offers to buy or sell products or services, nor to conduct business, carry out commercial activities, or operate any type of commercial enterprise without the prior written consent of Sempertex.

The User:

• Will not use the E-commerce Website for surveys, contests, pyramid schemes, chain letters, spam, bulk mail, or any repetitive message, whether widely distributed or not.
• Will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of other persons (such as privacy rights) who use the E-commerce Website.
• Will not create a false identity for the purpose of misleading other users or Sempertex.
• Will not publish, transfer, distribute, or disclose through the E-commerce Website any topic, name, information, or material that is inappropriate, offensive, defamatory, obscene, indecent, intimidating, unlawful, incites violence, promotes ideology, discriminates, coerces, or creates confusion.
• Will not transfer, stream, or otherwise provide files or materials containing images, photographs, software, applications, or other materials protected by intellectual property rights, privacy rights, or image rights unless they own or control the corresponding rights or have obtained all necessary permissions.
• Will not use any materials, works, or information, including images, text, and photographs, provided through the E-commerce Website in any manner that infringes the rights of third parties or Sempertex.
• Will not transfer, stream, or otherwise provide files or materials containing viruses, trojans, worms, time bombs, deletion programs, corrupted files, or any similar software or programs that may damage the operation of third-party equipment, Sempertex systems, and/or those of the Indemnified Parties.
• Will not violate any code of conduct or guideline applicable to the E-commerce Website.
• Will not use the E-commerce Website to gather or collect information about third parties in any manner, including email addresses.

Sempertex reserves the right to remove any information published on the E-commerce Website by the User whenever it deems necessary, without prior notice, and shall not be liable for the loss of such information if the User does not maintain a copy of it.

Sempertex respects the rights of third parties and invites and requires Users to do the same. Therefore, no User may upload to or use on the E-commerce Website any materials or assets protected by intellectual property rights unless they are the owner or an authorized licensee. Any unauthorized use, as determined by Sempertex, shall entitle Sempertex to remove the User from the E-commerce Website.

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

Monitoring. By accepting the Terms and Conditions of the E-commerce Website, the User authorizes Sempertex to monitor and/or record communications, data transfers, file exchanges, browsing activity, and related actions at any time for the purposes of:

(i) verifying and ensuring the User’s compliance with these Terms and Conditions;

(ii) complying with applicable laws and legal procedures;

(iii) protecting the rights, property, and interests of Sempertex, the Indemnified Parties, and/or the general public; and

(iv) monitoring the provision of services.

Sempertex also reserves the right to modify, refuse to transmit, or remove any information or material, in whole or in part, at its sole discretion. Furthermore, Sempertex reserves the right to withdraw the entire E-commerce Website from public access without prior notice to the User.

The closure of the E-commerce Website by Sempertex, which may occur at its sole discretion, shall not generate any commission, price, compensation, penalty, fee, bonus, reimbursement, or any other payment whatsoever in favor of the User.

Handling of User Information. By accepting these Terms and Conditions, the User authorizes Sempertex to collect, store, process, update, and use the User’s personal information, including first name, last name, physical address, and email address, for inclusion in Sempertex’s database.

Sempertex shall not share any personal information with third parties for third-party marketing purposes, fraudulent purposes, or purposes that violate applicable Colombian personal data protection regulations.

Users must provide their personal information (first name, last name, physical address, and email address) through the means designated by Sempertex, accurately, precisely, and truthfully (hereinafter, the “Personal Data”), and undertake to update such Personal Data whenever necessary.

Users declare and warrant that their Personal Data is accurate, truthful, current, and authentic.

By providing their Personal Data, the User authorizes Sempertex to process such Personal Data in accordance with the purposes established in Sempertex’s Personal Data Processing Policy, available at:

https://shop.sempertex.com/pages/politica-de-tratamiento-de-datos-personales

By authorizing the processing of personal data, the User acknowledges and accepts the terms governing the processing of their Personal Data by Sempertex in accordance with the Personal Data Processing Policy available through the link indicated above.

Disclaimer of Liability. Sempertex provides the E-commerce Website to the User "as is," "with all faults," and "as available," and the User assumes all risks associated with its use. Sempertex and/or the Indemnified Parties shall not be liable for any use that the User intends to make or ultimately makes of the E-commerce Website.

Sempertex shall not be responsible for the information provided by the User through the E-commerce Website. The User is solely and directly responsible for any information they provide.

Sempertex is not obligated to provide secure, uninterrupted, or error-free access to the E-commerce Website, nor is it obligated to correct defects in the operation or functionality of any software provided to the User. Sempertex may modify the E-commerce Website or its features at any time, in any manner, and for any reason without prior notice.

Under no circumstances shall the Indemnified Parties (including Sempertex) be liable for any direct and/or indirect damages arising from or related to the User’s use of the E-commerce Website.

If the User is dissatisfied with any part of the E-commerce Website or any of the terms of use established in these Terms and Conditions, the User’s sole and exclusive remedy shall be to discontinue using the E-commerce Website.

The User agrees to indemnify, defend, and hold harmless the Indemnified Parties from and against any claims or demands, including attorneys’ fees, brought by third parties arising from or related to the User’s use of the E-commerce Website and/or the Materials outside the scope of these Terms and Conditions.

Sempertex has the autonomous, exclusive, and absolute right to prevent the User from using the E-commerce Website and/or to report the User to the competent authorities for any breach of these Terms and Conditions. Likewise, Sempertex has the right to recover any amounts arising from damages caused by the User.

Security. Sempertex uses appropriate technology and adopts reasonable security measures for the development, operation, maintenance, and/or use of the E-commerce Website.

Except for the adoption of appropriate security measures, Sempertex does not guarantee that the E-commerce Website is fully protected against misuse, disclosure, loss, sale, licensing, destruction, or other improper handling of the User’s personal information, resources, and/or computer files due to acts of third parties or circumstances beyond Sempertex’s control.

It is the User’s responsibility to ensure that their computer is suitable, secure, and protected against malicious software such as trojans, computer viruses, worms, hacking attempts, and other malicious third-party interventions.

Access. The E-commerce Website and its use are intended exclusively for the Republic of Colombia, even though they may be accessible to users located outside the Republic of Colombia.

Accurate Information. The User agrees to provide truthful, accurate, current, and complete information requested by Sempertex.

The User undertakes to update their data and information to keep them current and accurate.

Sempertex guarantees the confidentiality and secure processing of the information provided by the User. Sempertex understands that all information entered by the User is truthful and voluntarily provided.

Order Cancellation. If the customer wishes to cancel a purchase, they may do so through the Customer Service Center at +57 3205422155. However, if the product has already been shipped by Sempertex to the address indicated by the Customer, the Customer shall be responsible for paying the collection cost, which will be charged at the same rate as the shipping fee.

Important Information. Although this website is a secure site, it is not free from errors. Consequently, general information, product characteristics, and prices may vary due to human error, technological failures, manipulation by unauthorized third parties, viruses, or any technological intrusion or manipulation event.

Accordingly, all transactions are subject to subsequent verification by Sempertex.

The products and prices displayed on this website are offered to the general public as unspecified persons, and therefore confirmation and acceptance by Sempertex of the purchase order and payment will always be required. At that moment, the corresponding invoice will be issued and the sales agreement between the User and Sempertex will be perfected.

Consequently, the User expressly authorizes Sempertex and the banking institution or payment method selected to process any transaction to reverse such transaction whenever it is not confirmed for any reason whatsoever.

Payment Policy.

Sempertex uses MERCADO PAGO as its payment gateway, a company recognized for its high security standards, as it uses information encryption tools that ensure compliance with personal data protection requirements and secure transmission of information over the internet.

By using the MERCADO PAGO platform, the customer accepts MERCADO PAGO’s Terms and Conditions and Personal Data Processing Policies for making payments and receiving refunds when applicable.

Sempertex never stores buyers’ banking information, such as credit card numbers and/or bank account details, as this information is transmitted directly to MERCADO PAGO, which is responsible for its administration.

Note: All refunds generated in accordance with our exchange and return policies will be processed through the MERCADO PAGO platform and returned to the customer’s original payment method to ensure proper handling.

Shipping Policy.

To review Sempertex’s Shipping Policy, please refer to the following link:

https://www.sempertex.com/pages/politica-de-envios

Exchange and Return Policy.

To review Sempertex’s Exchange and Return Policy, please refer to the following link:

https://www.sempertex.com/pages/cambios-y-devoluciones

Payment Methods.

To review the payment methods accepted on Sempertex’s website, please refer to the following link:

https://www.sempertex.com/pages/formas-de-pago

Right of Withdrawal

If the buyer wishes to exchange any of our products or exercise their right of withdrawal, they must note that, according to the right of withdrawal established in Article 47 of the Consumer Statute, the maximum period to exercise this right is 5 business days from the date of purchase.

For refunds, the period cannot exceed 30 calendar days and will follow our Exchange and Return Policy. The cost of returning the product is the responsibility of the customer.

Source of Funds and Compliance Authorization (SAGRILAFT/PTEE)

By accepting these Terms and Conditions, the User declares that the funds used to acquire products offered through this website come from lawful activities and will not be used to develop or finance activities related to money laundering, terrorism financing, proliferation financing of weapons of mass destruction, corruption, bribery, transnational bribery, or any other illegal activity.

The User also declares that the information provided is truthful, complete, and verifiable, and that they are not included on any national or international restrictive or binding lists related to money laundering, terrorism financing, corruption, or associated predicate crimes.

GRUPO SEMPERTEX may carry out any verifications it deems necessary under its Compliance Systems and reserves the right to reject, suspend, or cancel orders, as well as to refrain from initiating or continuing business relationships when it identifies risks associated with money laundering, terrorism financing, proliferation financing of weapons of mass destruction, corruption, bribery, or any situation representing a legal, reputational, or compliance risk for the organization.