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Terms of service

TERMS AND CONDITIONS OF THE E-COMMERCE PAGE

(“E-commerce Page”)

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.

 

  1. Object. These terms and conditions regulate the relationship between the User and Sempertex de Colombia S.A. (onwards, "Sempertex””) regarding access and use by the User of the E-commerce Website owned by Sempertex (hereinafter, “E-commerce Page”). The User, when entering the E-commerce Page through any modality or means known or to be known 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 by means of which it makes known its products, catalogues, services, and in general information related to the company, for the knowledge of the user and/or or interest in acquiring any of the foregoing.

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

  • Adults
  • Accept these terms and conditions; and

 

  1. Scope of the terms and conditions. These terms and conditions fully and totally govern the use of the E-commerce Page, therefore, by CLICKING on the I ACCEPT window or using the E-commerce Page, you express your understanding and full and total 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, which are an integral part of these terms and conditions.

 

  1. Modifications. Sempertex may modify these terms and conditions at any time and will notify the User of this, through email, on the 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.
  1. updates. Sempertex is not obliged 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 Page, these terms and conditions will apply to said 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.
  1. 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 for their account through an automated process such as robots or web crawlers or periodic storage of the information contained in the E-commerce Page. The User agrees to be solely responsible (against 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 "Compensable Parties”) for this concept. The User may not use any software or hardware that reduces the number of users who have access to or use the E-commerce Page.
  1. Intellectual property. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, grant licenses, store, create derivative works, disclose, assign, sell and in general use commercially any information, software, products or services found in and/or are part of the E-commerce Page.

All the content of the E-commerce Page, including but not limited to photographs, texts, drawings, trademarks, music, software, technical developments, designs, images and in general everything well protected by the right of intellectual property, the image rights and/or domain rights (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 that have authorized it to include them in the E-commerce Page. The User declares to know and accept 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 uses in terms of intellectual property rights.

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 copyright laws and international treaty provisions. Through these terms and conditions, the User is clearly and directly informed that the Materials are protected by national and international regulations on intellectual property law, for which the User accepts that any use made of the Materials Outside of honest uses in matters of intellectual property law, it 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 for 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 third-party rights, Sempertex will be entitled to delete the information of the offending User immediately and seek compensation for the damages caused to Sempertex. as a result of the violation. The User is solely responsible for the content uploaded or used on the E-commerce Page.

  1. User Responsibility. Sempertex will make its best efforts to ensure that the E-commerce Page is 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:
  • Not send or otherwise post unauthorized commercial communications (such as spam) on the E-commerce Page;
  • 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.
  • Do not participate in the E-commerce Page in illegal multi-level marketing, such as pyramid schemes;
  • Do not upload viruses or malicious code of any kind.
  • Do not request information from other users or access the information of another user.
  • Do not annoy, intimidate or harass any user.
  • Do not post content that is hurtful, threatening, or pornographic, that incites violence, or that contains nudity or graphic or unwarranted violence.
  • Do not use the E-commerce Page for illegal, deceptive, malicious or discriminatory acts.
  • Not take any action that could disable, overload or affect the proper functioning of the E-commerce Page, such as a denial of service attack.
  • 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: (i) will not use the services for any illegal purpose, which is prohibited by current regulations, honest uses and/or the terms and conditions, or that threatens the honor and good name of the Indemnifiable Parties or third parties; (ii) you may not use the E-commerce Page in any way that could damage, disable, overload, reduce and in general modify the capacity of the E-commerce Page or interfere with the use and enjoyment of it by third parties ; (iii) you may not circumvent, disable or otherwise tamper with, or attempt to circumvent, disable or tamper with, the security features of the E-commerce Page, or alter or modify any part of the E-commerce Page; (iv) you may not attempt to gain unauthorized access to any third party account and/or information, or interfere with and/or manipulate in any way the accounts, computer systems or networks related to the E-commerce Page; (v) you may not obtain or attempt to obtain from the E-commerce Page and/or Sempertex any material or information by any means not intentionally provided or made available through the E-commerce Page; (vi) may not offer services for commercial purposes to third parties nor is it entitled to receive any amount from third parties for the use of the E-commerce Page, either directly or indirectly, without the explicit written consent of Sempertex; (vii) is fully and exclusively responsible for the use it makes of the E-commerce Page and will hold the Indemnifiable Parties harmless for this concept; (viii) guarantees that all the information that it sends, incorporates and/or manifests in the use of the E-commerce Page is true and exact and that it does not hide or alter information of any kind.

If the User fails to comply with the terms of these terms and conditions, 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.

  1. 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, or to run a business or develop a business activity or commercial exploitation of any kind without the explicit, written and prior consent from Sempertex.

The User: (i) will not use the E-commerce Page in surveys, contests, pyramid schemes, chain letters, spam, mass mail or in any repetitive message, whether widely distributed or not; (ii) 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; (iii) will not create a false identity in order to mislead other users or Sempertex; (iv) you will not publish, transfer, distribute, or disclose on the E-commerce Page any subject, name, information or material that is inappropriate, irreverent, defamatory, obscene, indecent, threatening, illegal or that incites violence; (v) you will not transfer, stream or otherwise provide files or other material containing images, photographs, software or other material protected by copyright, privacy or image rights, unless you have ownership or control of the corresponding rights or has received all necessary consents to do so; (vi) you will not use any material, works or information, including images, text and photographs, provided through the E-commerce Page in any way that infringes the rights of third parties; (vii) you will not transfer, stream or otherwise provide any files or other material that contains viruses, "Trojan horses", "worms", time bombs, erasure programs, corrupted files or any other similar programs or software that may harm the operation of third party equipment, that of Sempertex and/or the Indemnifiable Parties; (viii) 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 collect in any way 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 deems it necessary, without prior notice, and will not be held responsible for the loss of said information in the event that the User does not have a copy of it. the same.

Sempertex respects the rules and rights of third parties and invites and requires Users to do the same. 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 authorized licensee for their use. 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 become aware that any material on the E-commerce Page infringes your intellectual property rights or those of a third party.

 

  1. Supervision. By accepting the terms and conditions of the E-commerce Page, the User authorizes Sempertex to supervise and/or record at any time the communications, data transfers, file exchanges, browsing process, etc. in order to verify compliance with the terms and conditions and in particular for the purposes of: (i) guaranteeing compliance by the User with the terms and conditions; (ii) comply with applicable law and legal procedures; (iii) protect the rights, property and interests of Sempertex, the Indemnifiable Parties and/or the general public; and/or (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, at Sempertex's sole discretion, including the entire E-commerce Page, without prior notice to the User.

The closure of the E-commerce Page by Sempertex will be carried out at the sole discretion of Sempertex and will not generate the payment of commission, price, compensation, penalty clause, fee, bonus, compensation or in general any payment for the User.

 

  1. Management of User Information.

10.1. 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, nor for fraudulent purposes or that contravene the applicable regulations on personal data protection in Colombia.

10.2. 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 information") and assume the commitment to update the Personal Data as necessary. The Users declare and guarantee that the Personal Data is exact, true, current and authentic.

10.3. 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/politica-de-tratamiento-de-datps-personales

By authorizing the processing of personal data, the User states that they know and accept the terms of processing their Personal Data by Sempertex, in accordance with the Personal Data Processing Policy that you will find in the link previously reported.

 

  1. Disclaimer. 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 makes of 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 functionality 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. In no event shall the Indemnifiable Parties (where Sempertex is included) be liable for any direct and/or indirect damage 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 the 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, filed by third parties arising from or arising from the use by the User of the E-commerce Page and/or the Materials outside the terms of the Agreement. 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.

  1. 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 adequate security measures, Sempertex does not guarantee that the E-commerce Page is completely shielded against inappropriate use, disclosure, loss, sale, license, destruction, etc. of your personal information and/or files on your computer due to acts of third parties or that are beyond the control of Sempertex. It is the personal responsibility of the User to ensure that their computer is adequate and secure and is protected against software such as Trojan horses, computer viruses, worm programs and/or the hack.
  1. Access. The E-commerce Page and its use are exclusively focused on the Republic of Colombia, even when they are accessible by users outside the Republic of Colombia.
  1. Exact information. The User agrees to provide the true, exact, current and complete information requested by Sempertex. The User agrees to update their data and information to keep them updated and accurate. Sempertex guarantees in any case the confidentiality and secure treatment of the data provided by the User.
  1. Sempertex understands that all the information entered by the User is true and is done voluntarily.
  1. Cancellation of purchase. If the customer wants to cancel a purchase, they can do so through the Call Center 320 5422155 , but if the product has already been sent by Sempertex to the address indicated by the Client, the latter must pay the cost of withdrawal, which has the same shipping rate.

 

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 unauthorized third parties. , virus or any event of invasion or technological manipulation. Consequently, all transactions are subject to subsequent verification by Sempertex. The products and prices included in this web page are aimed at the general public as indeterminate persons and, therefore, a confirmation and acceptance by Sempertex of your purchase order and the payment made will always be necessary, at which time the corresponding invoice and the sales contract between the User and Sempertex will be perfected. Consequently, the User expressly authorizes Sempertex and the bank or means of payment that he has chosen to carry out any transaction, to carry out the reversal of this in any event if the transaction is not confirmed for any reason.


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