ARTEZA DECOR® TERMS OF SERVICE
Through this document, the owner of Arteza Decor ® informs the customer about the terms and conditions of the website (as defined in the Definitions section) and aims to regulate and inform customers and users (as defined in the Definitions section) regarding the access and use of the website. It is understood that, by accessing, navigating, and using the purchasing channels provided on the website, the customer accepts and adheres to these terms and conditions.
The headings used in this document are included for ease of reading and will not limit or affect these Terms and Conditions.
In this document, the owner of Arteza Decor ® defines the following terms as follows:
- Arteza Decor ®: A registered trademark before the Superintendence of Industry and Commerce under Classes No. 23 and 35 of the International Classification of Vienna and owned by Julia Arcila.
- Customer: On the Arteza Decor ® website or its social media, a Customer is understood as any person (natural or legal) with or without the intention to acquire the Products. This term includes visitors to the Website.
- Price: The value in Colombian pesos that the Customer must pay for the purchase of the Products, and this value is not subject to negotiation.
- Products: Handcrafted goods distributed by the Arteza Decor® brand and offered through the Website.
- Owner: The owner of the Arteza Decor ® website is understood to be Mrs. Julia Arcila, identified with ID No. XXX of XXX.
- Services: Services refer to those provided by the Owner for the commercialization of the Products and that are clearly and expressly included on the Website.
- Website: In these Terms and Conditions, the Website refers to the site/page with the electronic address www.artezadecor.com.co through which Arteza Decor ®'s Products are advertised and sold.
- Terms and Conditions: Encompasses all legal and usage terms of the Website defined by the Owner, to which the Customer adheres through their access, navigation, or use.
- Users: Includes all users of the site, including, but not limited to, browsers, suppliers, Customers, merchants, and/or content contributors.
For all legal purposes, it is understood that these Terms and Conditions constitute a legal act of adherence by the Customer and/or User, who:
- Upon entering the Website, accepts these Terms and Conditions as a unified document and, therefore, must accept and comply with all the Terms and Conditions.
- Upon entering the Website, accepts the use of Cookies.
- Upon acquiring any of the products offered on this Website, fully accepts the terms and conditions for the purchase of products.
- When making a purchase, declares awareness of the Warranty Policy provided on the Website. To access the Warranty Policy, click [HERE](link to the Warranty Policy).
- Upon entering the Website, accepts the Personal Data Protection Policy provided on the Website. To access the Personal Data Protection Policy, click [HERE](link to the Personal Data Protection Policy).
If the Customer 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 completing any commercial transaction through this Website, it is understood that the Customer accepts 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.
- The website uses cookies. By entering the website, the Customer and/or User accepts their use in accordance with our Personal Data Protection Policy.
- Cookies are employed in certain 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.
The Owner will make its best effort to allow permanent access to the website. However, without implying any responsibility on the part of the Owner, the Owner may, at its sole discretion and without prior notice, restrict access to the Arteza Decor® website or interrupt its operation.
- ONLINE SALES TERMS
- Generals
- By accepting these Terms and Conditions, you, as a Customer 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 assumes the good faith of the person buying the Products and that they are authorized to make online purchases; the Owner does not assume any responsibility for cases of personal impersonation.
- The Customer/User may not use the Products for any illegal or unauthorized purpose nor, by using the Service, may they violate the laws of Colombia and/or their jurisdiction (including, but not limited to, copyright laws).
- The Customer/User agrees not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, 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, they agree that the Warranty Policy applies exclusively to the Customer and not to third parties to whom the Customer, in violation of this clause, has resold the Products.
- The Owner reserves the right to modify the content of this site at any time, as well as the Warranty Policy (as long as it does not violate the Consumer Statute of the Republic of Colombia or other regulations that complement, modify, or replace it), the Personal Data Protection Policy, the use of cookies, the Terms and Conditions.
- The Customer and/or User accepts that, by entering their data on the Website, their data may be automatically saved. Likewise, the Website may have features that allow them to create an account to track the status of their purchase and the shipping of the Products, have a wish list, among others. It will be the responsibility of the Customer and/or User to use the Website and take security measures during their transactions to prevent misuse or knowledge of their data by third parties, including but not limited to: not accessing from public networks, accessing on computers, tablets, or cell phones without Firewalls, entering their personal passwords in public places or in front of third parties, etc
- About the Products
- Arteza Decor® products, being handmade and crafted individually, may vary from one to another. The images of the products displayed on the website correspond to real images of them. The Owner has made every effort to display the colors and images of the products on the website as accurately as possible. However, it cannot be guaranteed that the display of any color on your computer monitor is accurate, and there may be a slight variation due to the artisanal nature of the products.
- Arteza Decor® products are distributed and sold uniquely and exclusively by the Owner through the website or directly. No sales agents or third parties have been authorized for the sale of the products. The Owner is not responsible for sales made by third parties of the products.
- The Owner reserves the right to limit the sales of products to the Republic of Colombia. In any case, if, at the Owner's discretion, shipments of products to another country are accepted, the Customer will bear all shipping costs, including taxes that must be paid in other jurisdictions. It is understood that all these values must be paid in advance of the product shipment.
- The Owner reserves the right to limit the quantities of any product offered. All product descriptions or product prices are subject to change at any time without notice, at the sole discretion of the Owner.
- The warranty of the products is limited to what is established in the Warranty Policy, which can be consulted HERE. In this same policy, the Customer will find the right of withdrawal established by Article 47 of Law 1480 of 2011.
- Modifications to the service, products, and their prices
- The prices of our Arteza Decor® products are subject to change without notice.
- The Owner reserves the right to modify the product catalogs as well as their prices and limit offers over time. For all purposes, it will be understood that the catalogs and, consequently, the products (and their prices) offered to the Customer will be those published on the website.
- The Owner reserves the right to discontinue the sale of any product or modify its designs at any time.
- The Owner will not be responsible to the Customer or any third party for any changes in product catalogs or their design, price changes, suspension, or interruption of services provided through the Arteza Decor® website.
- When making a purchase of the Products through the website, the Customer declares and accepts: (i) that they have personally ensured that the selected Products correspond to their intention to purchase, (ii) that they are aware of the characteristics of the Products, (iii) that they have read the care instructions for the proper conservation of the Products, (iv) that they accept the delivery times, (v) that they are familiar with and accept the Warranty Policy, (vi) that they understand that, being handmade products, the delivered Product may slightly differ in terms of color, size, and other features from what is shown in the website catalog.
- The website has high standards for the security of its commercial transactions. However, and in accordance with what is established in section 5.1.6, it will be the responsibility of the Customer and/or User for the use they make when entering the website, and they must take security measures during their transactions to prevent the misuse or knowledge of their data by third parties, including but not limited to: not accessing from public networks, accessing on computers, tablets, or phones without Firewalls, entering personal passwords in public places or in front of third parties, or having protection programs, antivirus, among others.
- At the time of purchase, the Customer agrees to: (i) provide truthful data of their personal identification, place of shipment of the Products, and contact methods, (ii) purchase the Products for their own use, refraining from making purchases with the intention of reselling the Products to third parties, (iii) use the website only for lawful purposes, refraining from displaying behaviors aimed at causing harm to the website, its Users, or other customers.
- To make purchases, the Customer and/or User must follow the established steps on the website. The Customer expressly declares that the funds used to pay for the Products come from lawful activities and do not come from any activity considered illegal under Colombian law.
- The Owner will only be responsible for the delivery of the Products effectively added to the shopping cart by the Customer and whose payment has been completed through the payment gateway provided on the website. It is the customer's responsibility to check that the amount to be paid corresponds to the order placed on the website and that the desired Products are included in the shopping cart.
For purchases made through the Website, it will be understood that the payment has been completed when it has been verified and/or authorized by the respective financial entities through which the Customer makes the purchase
- Once the payment for the purchase has been certified, the Products will be shipped within the established delivery times for each of them. In any case, for Products made to order or according to special characteristics requested by the Customer, delivery times may vary, and the Customer accepts this when placing an order.
- The Owner reserves the right to reject any order placed in our store with the same customer account, the same credit card, or orders that use the same billing or shipping address and appear to have been made by merchants, resellers, or distributors.
- The customer may exercise the right to payment reversal, in accordance with the provisions of Article 51 of Law 1480 of 2011 (and Decree 587 of 2016), if: (i) the sale has been made through electronic commerce mechanisms, (ii) if the customer has been a victim of fraud, the purchased product is not received, the delivered product does not correspond to the request, or it is defective, or it is an unsolicited transaction, (iii) if the payment has been made through credit card, debit card, or any electronic payment method, and (iv) if the seller (in this case the Owner) and the issuer of the electronic payment instrument are domiciled in Colombia.
- The customer must exercise this right within five (5) business days following the date on which they became aware of the cause that authorizes the exercise of the right, through a written request to the email servicioalcliente@artezadecor.com.co, attaching: (i) a copy of their ID or identification document, (ii) a bank certificate of the account (Savings - Checking), (iii) the reason for exercising their right, (iv) photos of the product (if the exercise is due to an unsolicited or defective product). The staff of Arteza Decor ® will conduct a study of the payment reversal request (determining whether it is appropriate or not) and will inform the customer, stating which additional documents must be provided in case the payment reversal is accepted.
- If the reversal is due to the delivery of an unsolicited or defective product, the customer must return the product at their own expense to the address Calle 8 Oeste No. 28-08 in the original packaging and with the label attached in the same way it was dispatched. In any case, the financial/banking institution through which the payment was made must be notified to proceed with reversing the transaction to the customer; consequently, the reversal will be subject to the conditions established by the corresponding financial/banking institution.
- Payment reversals do not apply to purchases made through in-person channels.
- In accordance with the provisions of section 6.2.3, the dispatch of Arteza Decor® Products is only carried out within the Republic of Colombia. In any case, if, at the discretion of the Owner, Products are accepted to be shipped to another country, the Customer will assume all shipping costs, including taxes that must be paid in other jurisdictions, understanding that all these values must be paid in advance of the Product shipment.
- The dispatch of Products is carried out through an independent company, and therefore, the Owner assumes no responsibility for delays caused by the activities of the carrier and/or courier.
- The delivery time of the Products will be indicated on the Website depending on each of them, and if the Product is made according to the specific needs or requirements of the Customer, in which case, the Arteza Decor® staff will inform the corresponding delivery time. This period will begin from the satisfactory receipt of payment by the Owner.
- The deadlines established for the delivery of Products may be affected by events of force majeure or fortuitous events, in accordance with the definitions established in Colombian legislation for this purpose.
- The Customer is responsible for indicating the delivery location of the Product and ensuring that the indicated address is correct. If the Product is returned due to incorrect information regarding the address, the Customer will additionally assume the costs of re-shipping the Products.
- It is understood that any adult present at the indicated shipping address is duly authorized by the Customer to receive their order. Therefore, the Owner is exempt from any responsibility at the time of delivery carried out by the transport company, provided that it is made to the registered shipping address at the time of purchase on the website.
- Along with the Product, the invoice or equivalent document will be included, as well as the label attached to each Product and the care instructions for it.
- The new features or tools that are added to the current setup of the Website will also be subject to the Terms and Conditions.
- 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, which will be deemed accepted by the Customer/User upon accessing the Website in accordance with the provisions of section 2.1 of this document
- Some contents, products, and services available through the website may include third-party resources.
- Third-party links on this website may direct you to third-party websites that are not affiliated with Arteza Decor ®. The staff of Arteza Decor ®, nor its Owner, is responsible for examining or evaluating the content or accuracy of third-party websites, nor do they guarantee or assume any obligation or responsibility for third-party resources or websites, or for any other material, product, or service provided by third parties.
- The Owner will not be liable for any damage or harm related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with third-party websites. It is suggested that the Customer and/or User carefully review the policies and practices of third parties, ensuring they understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to them.
- Despite the efforts made by the Owner and staff of Arteza Decor® to ensure that the Website is free from errors, 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 staff of Arteza Decor® reserve the right to correct any errors, inaccuracies, or omissions, to change or update information at any time without prior notice (even after your order has been submitted).
- In accordance with section 5.2.1, the Client and/or User are prohibited from using the site or its content;
- For any illegal purpose;
- To solicit others to perform or participate in any illegal act;
- To violate any national, international, departmental, district, or municipal regulation, rule, or law;
- To infringe or violate the intellectual property rights of the Owner or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability;
- To upload or transmit viruses or any other type of harmful code that may affect the functionality or operation of the Website;
- To collect or track the personal information of others;
- To send spam, phishing, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or bypass the security features of the Service or any related website, or other websites or the Internet.
- Any action contrary to the provisions of clause 9.1 will lead to the filing of complaints with the competent authorities and to blocking the product sales services on the Website for individuals who are presumed to be involved in such actions
- OWNERSHIP OF WEBSITE CONTENT
- The content of the Arteza Decor ® website exclusively belongs to the Owner; therefore, its total or partial reproduction, translation, inclusion, transmission, storage, or access through analog, digital, or any other system or technology created is prohibited without prior written authorization from the Owner.
- The intellectual property rights over the contents of the website either belong to the Owner's assets or, where applicable, are owned by third parties who have authorized their use on the website or are public information governed by Colombian laws on access to public information.
- The Arteza Decor ® trademark is duly registered with the Superintendence of Industry and Commerce, and the Owner is the holder of it.
- Unauthorized use of the Arteza Decor ® trademark or the intellectual property contained on the website will result in the application of corresponding legal actions.
- LIMITATION OF LIABILITY
- 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.
- The Customer is solely responsible for the final use given to the Products and will therefore use all means and precautions to ensure that children and minors are not affected by improper or irresponsible use of the Products. The Customer must keep glass objects away from children, minors, and pets and must also take care of the Products in accordance with the specifications for each of them.
- Notwithstanding the foregoing, in cases where liability exists as indicated in these Terms and Conditions, the maximum amount of the Owner's liability shall be limited to an amount equal to the value of the purchased Product, or alternatively, the value of the Product requested by the customer.
In the event that any provision of these Terms and Conditions is found to be illegal, void, or unenforceable, such provision will, nevertheless, be enforceable to the extent permitted by applicable law, and the unenforceable part shall be deemed separated from these Terms and Conditions, without such determination affecting the validity and enforceability of the remaining provisions.
- The fact that the Owner does not exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
- These Terms and Conditions constitute the entire agreement and understanding between the Customer and/or User and the Owner.
- Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
The present Terms and Conditions are governed by the laws of the Republic of Colombia.