Terms of service

ALMAS ARTESANAS ® TERMS OF SERVICE

Through this document, the Owner of ALMAS ARTESANAS ® informs the Client of the terms and conditions of the Website (as defined in the Definitions section) and aims to regulate and inform Clients and Users (as defined in the Definitions section) about access to and use of the Website; understanding that by accessing, browsing, and using the purchase channels provided on said Website, the Client accepts and adheres to these Terms and Conditions.

The headings used in this document are included solely to facilitate reading and shall not limit or affect these Terms and Conditions.

  • DEFINITIONS

In this document, the Owner of Almas Artesanas ® defines the following terms as follows:

  • Almas Artesanas ®:Trademark registered with the Superintendence of Industry and Commerce under Classes Nos. 20 and 35 of the Vienna International Classification and owned by Diana Carolina Viveros.
  • Client:On the Almas Artesanas ® brand website or its social networks, Client means any person (natural or legal) with or without the intention to purchase the Products. This term includes visitors to the Website.
  • Price:The amount in Colombian pesos that the Client must pay for the purchase of the Products; this amount is non-negotiable.
  • Products:The artisanal goods distributed by the Almas Artesanas ® brand and offered through the Website.
  • Owner:The owner of the Almas Artesanas ® brand website shall be understood as Mrs. Diana Carolina Viveros, identified with citizenship card No. XXX of XXX.
  • Services:Services are those provided by the Owner for the commercialization of the Products and are clearly and expressly included on the Website.
  • Website:In this Terms and Conditions document, the Website refers to the site/page with the electronic address www.almasartesanas.com through which Almas Artesanas ® Products are advertised and sold.
  • Terms and Conditions.Includes all legal and usage terms of the Website defined by the Owner and to which the Client adheres by accessing, browsing, or using it.
  • Users.Includes all users of the site, including but not limited to browsers, suppliers, Clients, merchants, and/or content contributors.
  • LEGAL ACT OF ADHESION

For all legal purposes, these Terms and Conditions are understood as a legal act of adhesion by the Client and/or User, who:

  1. By entering the Website accepts these Terms and Conditions as a whole and therefore must accept and fully comply with them.
  2. By entering the Website accepts the use of Cookies.
  3. By purchasing any of the products offered on this Website, fully accepts the terms and conditions for product purchase.
  4. By making any purchase, declares to be aware of the Warranty Policy provided on the Website. To access the Warranty Policy click HERE.
  5. By entering the Website accepts the Personal Data Protection Policy provided on the Website. To access the Personal Data Protection Policy click HERE.

If the Client and/or User does not wish to adhere to these Terms and Conditions, they must immediately leave the Website and refrain from making any purchases through this Site. In any case, by making any commercial transaction through this Website, the Client is understood to accept these Terms and Services and recognizes them as binding.

PERSONAL DATA PROCESSING

The processing of your personal data will be carried out in accordance with the provisions of the Personal Data Protection Policy. To access the Personal Data Protection Policy click HERE.

  • COOKIES
  1. The Website uses cookies. The Client and/or User, by entering the Website, accepts their use in accordance with our Personal Data Protection Policy.
  2. Cookies are used in some areas of the Website to enable the functionality of these areas and ease of use for visitors. Some of our affiliate/advertising partners may also use cookies.
  • ACCESS TO THE WEBSITE

The Owner will make its best effort to allow permanent access to the Website. However, without any liability, the Owner may, at its sole discretion and without prior notice, restrict access to the Almas Artesanas ® Website or interrupt its operation.

ONLINE SALES TERMS

General

  1. By accepting these Terms and Conditions, you as Client and/or User declare that you have the legal capacity (according to the legislation of the Republic of Colombia) to carry out commercial transactions. Consequently, the Owner presumes the good faith of the purchaser and that they are authorized to make online purchase transactions; the Owner assumes no responsibility for cases of identity theft.
  2. The Client/User may not use the Products for any illegal or unauthorized purpose nor, when using the Service, violate the laws of Colombia and/or their jurisdiction (including but not limited to copyright laws).
  3. The Client/User agrees not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the Products, or any contact on the website through which the service is provided or the Products are sold, without the express written permission of the Owner. Likewise, the Warranty Policy applies exclusively to the Client and not to third parties to whom the Client, in violation of this clause, has resold the Products.
  4. The Owner reserves the right to modify the content of this site at any time, as well as the Warranty Policies (provided they do not violate the Consumer Statute of the Republic of Colombia or other complementary, modifying, or replacing regulations), the Personal Data Protection Policy, cookie management, and the Terms and Conditions.
  5. The Client and/or User accepts that by entering their data on the Website, their data may be automatically saved. Also, the Website may have features allowing account creation to track purchase and shipping status, wish lists, among others. It is the Client and/or User's responsibility to use the Website securely and adopt security measures during transactions to prevent misuse or unauthorized access to their data, including but not limited to: not accessing from public networks, accessing on computers, tablets, or phones withoutFirewalls,typing personal passwords in public places or in front of third parties, etc.

About the Products

  1. Almas Artesanas ® Products, being artisanal and handmade one by one, may vary from one to another. The images of the Products on the Website correspond to real images. The Owner has made every effort to show the colors and images of the Products as accurately as possible; however, it cannot guarantee that the color display on your computer monitor is precise or that there is no slight variation since these are artisanal products.
  2. Almas Artesanas ® Products are distributed and marketed solely and exclusively by the Owner through the Website or directly by the Owner; no commercial agents or third parties have been appointed to sell the Products. The Owner is not responsible for sales made by third parties.
  3. The Owner reserves the right to limit sales of the Products to the Republic of Colombia. In any case, if at the Owner's discretion Products are sent to another country, the Client will assume all shipping costs including taxes payable in other jurisdictions, understanding that all these amounts must be paid prior to shipment.
  4. The Owner reserves the right to limit quantities of any offered Product. All product descriptions or prices are subject to change at any time without prior notice, at the Owner's sole discretion.
  5. The warranty of the Products is limited to what is established in the Warranty Policy, which can be consulted HERE. In this Policy, the Client will find the right of withdrawal established by article 47 of Law 1480 of 2011.
  6. Modifications to service, products, and prices
  7. Prices of our Almas Artesanas ® products are subject to change without prior notice.
  8. The Owner reserves the right to modify Product catalogs, prices, and limit offers over time. For all purposes, the catalogs and consequently the Products (and their prices) offered to the Client will be those published on the Website.
  9. The Owner reserves the right to discontinue the sale of any Product or modify its designs at any time.
  10. The Owner will not be responsible to the Client and/or User or any third party for any modification in Product catalogs or designs, price changes, suspension, or interruption of Services provided through the Almas Artesanas ® Website.

About purchase and payment methods

  1. The Client, when purchasing Products through the Website, states and accepts: (i) they have personally verified that the selected Products correspond to their purchase intention, (ii) they know the characteristics of the Products, (iii) they have read the care instructions for proper conservation, (iv) they accept delivery times, (v) they know and accept the Warranty Policy, (vi) they understand that being artisanal products, the delivered Product may slightly differ in color, size, and other characteristics from those shown in the Website catalog.
  2. The Website has high standards for the security of commercial transactions. However, in accordance with section 5.1.6., it is the Client and/or User's responsibility to use the Website securely and adopt security measures during transactions to prevent misuse or unauthorized access to their data, including but not limited to: not accessing from public networks, accessing on computers, tablets, or phones withoutFirewalls,typing personal passwords in public places or in front of third parties, or having protection programs, antivirus, among others.
  3. At the time of purchase, the Client commits to: (i) provide truthful personal identification data, shipping address, and contact methods, (ii) acquire Products for personal use only, refraining from purchasing with the intent to resell to third parties, (iii) use the Website only for lawful purposes, refraining from conduct aimed at damaging the Website, its Users, or other clients.
  4. To make purchases, the Client and/or User must follow the purchase steps established on the Website.
  5. The Client expressly declares that the funds used to pay for the Products come from lawful activities and not from any activity considered illegal under Colombian law.
  6. The Owner will only be responsible for delivering Products effectively added to the shopping cart by the Client and whose payment has been completed through the payment gateway provided on the Website. It is the Client's responsibility to verify that the amount to be paid corresponds to the order made on the Website and that the desired Products are included in the shopping cart.

For purchases made through the Website, payment will be considered completed when verified and/or authorized by the respective financial entities through which the Client makes the purchase.

  1. Once payment is certified, the shipment of Products will be arranged within the delivery times established for each. For custom-made Products or those with special characteristics requested by the Client, delivery times may vary, which the Client accepts when placing the order.
  2. The Owner reserves the right to reject any order made in our store with the same client account, the same credit card, or orders using the same billing or shipping address that appear to be made by merchants, resellers, or distributors.
  • Right of payment reversal
  1. The Client may exercise the right of payment reversal, according to article 51 of Law 1480 of 2011 (and Decree 587 of 2016), if: (i) the sale was made through electronic commerce mechanisms, (ii) the Client has been a victim of fraud, the purchased product is not received, the delivered product does not correspond to the requested one or is defective, or it is an unsolicited transaction, (iii) payment was made by credit card, debit card, or any electronic payment method, and (iv) the seller (in this case the Owner) and the issuer of the electronic payment instrument are domiciled in Colombia.
  2. The Client must exercise this right within five (5) business days following the date they became aware of the cause authorizing the exercise of the right, through a written request to the email infoalmasartesanas@gmail.com, attaching: (i) a copy of their ID, (ii) bank certificate of the account (Savings – Checking), (iii) the cause invoked for exercising the right, (iv) photos of the Product (if the exercise is due to an unsolicited or defective Product).
  3. Almas Artesanas ® staff will study the payment reversal request (determining if it is appropriate or not) and inform the Client, indicating what additional documents must be provided if the reversal is accepted.
  4. If the reversal is due to delivery of an unsolicited or defective product, the Client must return the Product at their cost to the address Calle 9 #22-26 Apt 201 in the original packaging with the label attached as it was dispatched. In any case, the financial/banking entity through which the payment was made must be notified to reverse the transaction to the Client; consequently, the reversal will be subject to the conditions established by the corresponding financial/banking entity.
  5. Payment reversals do not apply to purchases made through in-person channels.
  • Product shipment
  1. In accordance with section 6.2.3., shipment of Almas Artesanas ® Products is only carried out within the Republic of Colombia. In any case, if at the Owner's discretion Products are sent to another country, the Client will assume all shipping costs including taxes payable in other jurisdictions, understanding that all these amounts must be paid prior to shipment.
  2. Product shipment is carried out through an independent company; therefore, the Owner assumes no responsibility for delays caused by the carrier and/or courier.
  3. The delivery time for Products will be stated on the Website depending on each Product and if the Product is made according to the Client's particular needs or requirements, in which case Almas Artesanas ® staff will inform the corresponding delivery time. This period will start from the Owner's satisfactory receipt of payment.
  4. Delivery times may be affected by force majeure or fortuitous events, according to definitions established in Colombian legislation.
  5. The Client is responsible for providing the delivery address and ensuring it is correct. If the Product is returned due to incorrect address information, the Client will additionally bear the costs of reshipping the Products.
  6. It is understood that any adult present at the indicated shipping address is duly authorized by the Client to receive the order; therefore, the Owner is exempt from any liability at the time of delivery by the carrier, provided it is made to the registered shipping address at the time of purchase on the Website.
  7. The Product will include the invoice or equivalent document, as well as the label attached to each Product and care instructions.
  • NEW FEATURES AND UPDATES
  1. New features or tools added to the current Website configuration will also be subject to the Terms and Conditions.
  2. The Owner reserves the right to update, change, or replace any part of these Terms and Conditions by posting updates or changes on the Website; these will be understood as accepted by the Client/User upon entering the Website as provided in section 2.1 of this document.
  • THIRD-PARTY LINKS
  1. Some content, products, and services available through the Website may include third-party resources.
  2. Third-party links on this Website may direct you to third-party websites not affiliated with Almas Artesanas ®. Almas Artesanas ® staff nor its Owner is responsible for examining or evaluating the content or accuracy of third-party websites, nor guarantees or assumes any obligation or liability for third-party resources or websites, or any other third-party material, product, or service.
  3. The Owner will not be liable for any damage or loss related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with third-party websites. Clients and/or Users are advised to carefully review third-party policies and practices and ensure understanding before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to them.
  • ERRORS, INACCURACIES, AND OMISSIONS
  1. Although the Owner and Almas Artesanas ® staff take all actions to keep the Website error-free, there may be information on this Website that occasionally contains typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, shipping charges, transit times, and availability. The Owner and Almas Artesanas ® staff reserve the right to correct any error, inaccuracy, or omission, and to change or update information at any time without prior notice (even after your order has been placed).
  • PROHIBITED USES

In accordance with section 5.2.1., the Client and/or User is prohibited from using the site or its content:

    1. For any illegal purpose;
    2. To solicit others to perform or participate in any illegal acts;
    3. To violate any national, international, departmental, district, or municipal regulation, rule, or law;
    4. To infringe or violate the intellectual property rights of the Owner or others;
    5. To harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability;
    6. To upload or transmit viruses or any other harmful code that affects or may affect the functionality or operation of the Website;
    7. To collect or track the personal information of others;
    8. To send spam, phishing, pharming, pretexting, spidering, tracking, or scraping;
    9. For any obscene or immoral purpose; or
    10. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Any action contrary to section 9.1 will result in complaints to the competent authorities and blocking of Product sales services on the Website to persons allegedly involved in such actions.

OWNERSHIP OF WEBSITE CONTENT

  1. The content of the Almas Artesanas ® Website is exclusively owned by the Owner; therefore, total or partial reproduction, translation, inclusion, transmission, storage, or access through analog, digital, or any other system or technology is prohibited without prior written authorization from the Owner.
  2. Intellectual property rights over Website content either belong to the Owner or, where applicable, to third parties who authorized their use on the Website or are public information governed by Colombian public information access laws.
  3. The Almas Artesanas ® trademark is duly registered with the Superintendence of Industry and Commerce, and the Owner holds its rights.
  4. Unauthorized use of the Almas Artesanas ® trademark or intellectual property contained on the Website will result in the application of corresponding legal actions.

LIMITATION OF LIABILITY

  1. The Owner shall not be liable for special, incidental, direct, indirect, punitive, or consequential damages arising from the use or inability to use the Website, except as expressly provided by Colombian law.
  2. The Client is solely responsible for the final use of the Products and must take all means and precautions to prevent children and minors from being affected by improper or irresponsible use. The Client must keep glass objects away from children, minors, and pets and care for the Products as specified for each.
  3. Without prejudice to the above, in cases where liability exists under these Terms and Conditions, the Owner's maximum liability shall be limited to an amount equal to the value of the purchased Product or, failing that, the value of the Product requested by the Client.
  • SEVERABILITY

If any provision of these Terms and Conditions is found to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable part shall be considered severed from these Terms and Conditions without affecting the validity and enforceability of the remaining provisions.

  • ENTIRE AGREEMENT
  1. The Owner's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  2. These Terms and Conditions constitute the entire agreement and understanding between the Client and/or User and the Owner.
  3. Any ambiguity in interpreting these Terms and Conditions shall not be construed against the drafting party.
  • APPLICABLE LAW
    These Terms and Conditions are governed by the laws of the Republic of Colombia.