Terms And Conditions of Use
Thank you for visiting www.miguelcaballero.com. We have prepared these terms and conditions to ensure that you know the rights and obligations in your experience by visiting our site.
These Terms and Conditions are subject to change without notice at any time.
- The parties
Between the client and/or user, who acts directly, whether it is a natural person or through a person duly authorized to act in name and representation, in case of being a legal person, and on the other side MIGUEL CABALLERO, national brand belonging to CIA MIGUEL CABALLERO SAS., commercial company duly constituted under the Colombian laws, which has a website www.miguelcaballero.com, celebrate this contract in accordance with the terms and conditions of use that form an integral part of this contract.
CIA MIGUEL CABALLERO SAS., In any case will presume in good faith that it is contracting directly with the client or its legal representative duly authorized to carry out this type of operations and no responsibility shall be assumed by CIA MIGUEL CABALLERO SAS. by personal impersonation made by any client and/or user.
FIRST PARAGRAPH: In order to make any purchase, it is essential to register, identify and present yourself as a user on the website, activities carried out by means of an email account and a secret password of the client, which is personal, non-transferable and exclusive responsibility of the client.
SECOND PARAGRAPH: It is the responsibility of the client any use that the password provided is made, which cannot be transferred or disclosed to third parties under any reason. Likewise, the customer must take all necessary security measures to avoid misuse or knowledge of this by third parties. It is recommended to change the password periodically.
THIRD PARAGRAPH: In case of loss, forgetfulness or exposure to third parties of the password, you should refer to the authentication section of the site where there is a link remember password, where following the instructions, the client can recover his password, through Your email or change the password. If for some reason you cannot solve the inconvenience you must write to the e - mail: [email protected]
- The activity
CIA MIGUEL CABALLERO SAS., will make available to customers, products with their sizes and colors in which you can purchase the products. These will be displayed in the most realistic way possible, however, it should be noted that with each device/computer, the color chosen may vary, so the company is not responsible for this if the customer requested change for error in color selection.
- Acceptance of Terms
CIA MIGUEL CABALLERO SAS. Is not responsible for the material on this site is appropriate or available for use in other places, and is prohibited from access from territories where its content is illegal. Those who choose to access this Site from other places will do so on their own initiative and it is their responsibility to comply with applicable local laws. Any claim regarding, and the use of, this Site and the material contained therein is governed by the laws of Colombia. These terms and conditions are subject to change without notice at any time, under the sole will of CIA MIGUEL CABALLERO SAS., and from the date of modification of these terms and conditions, all transactions between CIA MIGUEL CABALLERO SAS. and the user will be governed by the modified document.
- Presentation of the Offer
CIA MIGUEL CABALLERO SAS. Through www.miguelcaballero.com, formulates the offer of the different products that are announced and / or described in this Website ("Site"). In order for a valid purchase offer to be made by CIA MIGUEL CABALLERO SAS., The client is required to fill out an electronic form available on the website, which will include the client's personal data, Selection of the desired products, the form in which it will proceed to its payment, the data that depending on the form of payment are necessary to carry out the same, as well as the other data that CIA MIGUEL CABALLERO SAS. consider necessary so the purchase can be made by this means.
The offer made by CIA MIGUEL CABALLERO SAS. to be understood perfected, is conditioned in its effects to four circumstances:
1. That the electronic form mentioned above be completed and that it be received and approved by CIA MIGUEL CABALLERO SAS
2. That there is availability of the desired product and offered by CIA MIGUEL CABALLERO SAS. At the time of the approval of the referred electronic form by CIA MIGUEL CABALLERO SAS
3. That the customer has made an advance payment for 100% of the value of the merchandise selected by the customer.
- Payment Terms
The present offer is conditioned to the client having chosen and accepted the terms and conditions of payment that the system presents, according to the means of payment that are specifically established in the site since the client has made the respective advance by a Value equivalent to 100% of the value of the selected merchandise.
Even when CIA MIGUEL CABALLERO SAS. make available to the customer a secure connection system for the realization of all offers of purchase, in no case CIA MIGUEL CABALLERO SAS. Will be responsible for the failures in the communications of the banking or credit institutions, as well as of the damages caused to the users in the event of an action or omission of said entities. Once CIA MIGUEL CABALLERO SAS. verify the payment of 100% of the advance and the fulfillment of the other conditions to which the present offer is subject, the contract of purchase will be understood as perfected. In any case, notwithstanding the payment of the aforementioned advance payment, in case of failure to comply with the other conditions established in the second paragraph of this letter, the contract is not understood as perfected and therefore CIA MIGUEL CABALLERO SAS. undertakes to return to the user, without any interest or performance, the amount paid for the advance payment.
The payment will be made only and exclusively by the following means:
1. Credit Cards:
· Master Card
· American Express
2. Wire Transfer
- Shipping Charges and Taxes
CIA MIGUEL CABALLERO SAS. Will be responsible during the transport of the merchandise for the costs of handling and insurance of the products purchased at www.miguelcaballero.com, the customer will assume the value of shipping the product to its destination. Likewise, the customer will be responsible for all sales taxes, value added taxes and any other taxes and charges that may be incurred for each accepted purchase offer. All taxes caused by the purchase will be settled from the moment the customer accepts the Offer to purchase on this Site, and therefore may know the exact amount to pay in favor of MIGUEL CABALLERO SAS, which will include the concepts mentioned.
The total value of the purchase will be composed of the following items at the customer's expense: value of the product, taxes and transportation costs, if applicable.
PARAGRAPH ONE: CIA MIGUEL CABALLERO SAS. Is committed to constantly review and update the prices mentioned on the website and in turn, our client and/or user, should be aware in case of any fluctuation in them.
SECOND PARAGRAPH: CIA MIGUEL CABALLERO SAS. Inform or publish the transportation and shipping fee that will have the goods which will be generated depending on the costs, items and policies of the transport company, that are independent from CIA MIGUEL CABALLERO SAS. Within the cost of freight, account must be taken of the place of Colombian territory to which the purchased products are to be sent, the size and weight thereof.
- Right of withdrawal
The consumer must return the product to CIA MIGUEL CABALLERO SAS. By the same means and in the same conditions in which it received it. The costs of transport and the other that involves the return of the good will be covered by the consumer. The maximum term to exercise the right of withdrawal will be five (5) business days from the delivery of the good or the conclusion of the contract in the case of the provision of services.
The consumer must return the product to CIA MIGUEL CABALLERO SAS. By the same means and in the same conditions in which received it. The costs of transport and the other that involves the return of the good will be covered by the consumer. The maximum term to exercise the right of withdrawal will be five (5) business days from the delivery of the good or the conclusion of the contract in the case of the provision of services.
The following cases are exempted according to the corporate purpose of CIA MIGUEL CABALLERO SAS.:
- In contracts for the supply of goods or services whose price is subject to fluctuations in financial market coefficients that the producer cannot control
- In contracts for the supply of goods made according to the specifications of the consumer or clearly personalized
- In contracts for the acquisition of personal property
CIA MIGUEL CABALLERO SAS. must pay back to the consumer all the sums paid without making any discounts or deductions for any reason whatsoever. In any case, the return of the money to the consumer cannot exceed thirty (30) calendar days from the moment he exercised the right.
- Reversal of payment:
The law provides that in sales made through electronic commerce mechanisms, such as the Internet, and used to make payment a credit card, debit card or any other electronic payment instrument, participants in the payment process shall reverse payments Which is requested by the consumer when it is fraudulent, or corresponds to an unsolicited operation, or the product purchased is not received, or the product delivered does not correspond to what is requested or is defective.
In order for the payment to be reversed, within five (5) business days following the date on which the consumer became aware of the fraudulent or unsolicited transaction or should have received the product or received it defective or not corresponding to Requested, the consumer must file a complaint with CIA MIGUEL CABALLERO SAS. And return the product, when appropriate, and notify the issuer of the electronic payment instrument used to make the purchase, which, together with the other participants in the payment process, will reverse the transaction to the buyer.
- Products Checkout:
The delivery of the products will be done by registered mail, within a maximum period of fifteen (15) working days, counted from the acceptance of the offer, provided there is no fortuitous or force majeure event, among which Is found by way of example, facts of man or nature, such as strikes, revolutions, rebellion sedition, assaults, bombings, slumps, landslides, earthquakes, avalanches, overflows, falls of bridges, among others.
PARAGRAPH ONE: The place of dispatch shall be at the address indicated by the client in the offer made in the format intended for that purpose, which may be the same place of habitation of the buyer or other designated by the buyer. It is understood that any person who is in the address where the delivery is due, is duly authorized by the customer to receive his order, so CIA MIGUEL CABALLERO SAS. Is exempt from any responsibility at the time of delivery, provided that it is done at the address registered at the time of purchase on the website.
SECOND PARAGRAPH: The transport company shall be obliged to make maximum two (2) attempts to deliver the products purchased. In the event of unsuccessful delivery attempts, the goods will be returned to the factory and the money will be refunded, except for the value of the shipment, without any interest, compensation or additional amount and regardless of the cause or origin which may have the return. It is also considered an unsuccessful delivery if the recipient of the product is less than fourteen (14) years and is not accompanied by a parent, guardian or attendant who signs with the recipient the recipient of the product.
The invoice will be sent together with the product purchased to the address mentioned by the customer.
12. Transfer of ownership
The transfer of ownership takes place as soon as CIA MIGUEL CABALLERO SAS. Place the goods or the product in the hands of the transport company, to be sent to the customer or the person designated.
SOLE PARAGRAPH: Notwithstanding the foregoing, the customer or recipient of the good or product, shall abstain from receiving the same immediately, in case the packaging of the product, presents damages, ruptures, openings or other similar, leaving the proper annotation or proof of that fact.
13. Packaging of products
Our client accepts that the products are packaged and presented in a plastic bag and/or carton that meets the conditions necessary for the correct conservation of the product.
CIA MIGUEL CABALLERO SAS. Reserves the right to publish or refrain from publishing any of the comments made by users of our website to products. In this same sense, at any moment a comment can be removed from the website mentioned.
SOLE PARAGRAPH: Any comment that is published, should be made with a cordial, respectful and related language with the object on which it is said.
15. Limited liability
Notwithstanding the provisions of the mandatory rules of applicable Colombian Legislation, CIA MIGUEL CABALLERO SAS. does not assume any liability, including any liability for any damages or losses, including but not limited to loss of information or utilities, virus existence, results of use or inability to use the material on this Site, missed business opportunities, or any other damage, even if the user has advised us about the possibility of such damages, or any third party claim, except as expressly stipulated herein.
PARAGRAPH ONE: The responsibility of MIGUEL CABALLERO SAS. Shall be limited to an amount identical to the value of the product purchased or, failing that, to the value of the product requested by the customer.
16. Origin of funds
The client solemnly declares and maintains:
- The resources with which made the purchase, come from operation, trade, profession activity or business lawful.
- The money used to make the purchase was NOT obtained by virtue of any type of conduct that is enshrined in Colombian law as a constituent offense of criminal offense.
- I have never allowed third parties to use my accounts or my credit or debit cards to deposit or administer money that does not know its origin or come from conduct contrary to the law and especially to criminal law.
- I express to MIGUEL CABALLERO SAS. From any responsibility for the wrong, false, inaccurate information that may have been provided in this document or for the violation thereof, so that I will be solely responsible for it.
17. Improvement and Transfer of Ownership
The improvement of the contract is presented when the customer accepts the offer of purchase presented by CIA MIGUEL CABALLERO SAS, said perfection of the contract is understood to have been made when CIA MIGUEL CABALLERO SAS. Proceeds to the shipment of the respective products selected by the client.
Once the contract has been perfected under the aforementioned terms, no cancellation of orders will be made, if it is done, it will lead to breach of contract by the customer and will cause CIA MIGUEL CABALLERO SAS to bring legal actions to which it is entitled under of such breach. The foregoing without prejudice to the right of withdrawal in favor of the purchaser exercised in accordance with the law.
In the event that the customer chooses more than one product on the site and one or more of those products do not meet the availability condition by CIA MIGUEL CABALLERO SAS, the contract will be understood as perfecting the goods that, if available, Inform the customer, through notice on the site, of the unavailability of the others and the purchase order and the corresponding invoice will be generated according to the available products.
In the event that the price of the products subject to a purchase offer is not paid, it will be understood that there is breach of contract, which is cause for termination by CIA MIGUEL CABALLERO SAS assuming the customer the value of the return Of said products to the respective deposit, as well as the amount of damages derived from said non-compliance. In the events of payment by other possible means, according to the established in this Site, the property on the products will be transmitted to the client from the same moment of perfecting the contract, that is to say, since they are shipped from the warehouses and/or authorized stores of CIA MIGUEL CABALLERO SAS in the Republic of Colombia.
16. Delivery of Products
CIA MIGUEL CABALLERO SAS. It undertakes to make deliveries in the areas and places to which it has access according to its distribution network, and consequently the perfecting of the contract of sale is conditioned to the address registered by the customer to make the delivery, is inside of the geographical areas authorized by CIA MIGUEL CABALLERO SAS, which indicate the site. If it is not in the list that displays the site for the effect, it must be understood that this geographical area is not available and that therefore the contract will not be considered concluded when the condition mentioned for its improvement is not fulfilled and consequently will not proceed to the shipping of goods.
The products that are the object of trade will be delivered to the address that the customer places on the electronic form that presents the site, within a maximum period of twenty (20) business days, counted from the date it is sent by part of CIA MIGUEL CABALLERO SAS confirming the purchase order generated by the system and provided that the terms and conditions of payment have been determined in advance and there are no causes beyond the control of CIA MIGUEL CABALLERO SAS that may delay delivery, like any event of fortuitous event or force majeure. It is understood that any person who is in the address where the delivery is to be made, is duly authorized by the customer to receive his order, and therefore CIA MIGUEL CABALLERO SAS is exempted from any responsibility for the delivery that will take place, provided that the same Is made at the registered address on our Site. If no one receives the order at the address indicated, CIA MIGUEL CABALLERO SAS. Will proceed to the return of the products to the respective deposit, and the customer will be obliged to contact us within a maximum term of two (2) calendar days for us to proceed with their reshipment, in which case, the expenses generated by the same, will run on behalf of the client, and until such time as they are not canceled, CIA MIGUEL CABALLERO SAS. will not be obliged to make the clearance again. If the client does not proceed to request the forwarding in the indicated term, or does not cancel the additional value for the forwarding, CIA MIGUEL CABALLERO SAS. May withdraw from the business, and will only be obliged to refund the amount paid for the products, discounting the value of the expenses incurred for transportation.
17. Products and/or services
It is the policy of MIGUEL CABALLERO SAS. The updating and constant revision of the products that are exhibited in this Site. MIGUEL CABALLERO SAS. You may modify and discontinue products at any time.
18. Returns and Changes
CIA MIGUEL CABALLERO SAS will proceed to make returns of money for merchandise purchased on the site, as long as the request for return is submitted to the Customer Service Representative within 5 business days after receipt of the product. In cases where the request for a refund is made outside the aforementioned deadline, CIA MIGUEL CABALLERO SAS is not obliged to accept product returns, except for defects in quality of the same.
CIA MIGUEL CABALLERO SAS will assume 100% of the freights required for the return of the product in the main cities. The returning customer will be recognized only the value of the item that is returned, said return will be done by charging the value of the item to the credit or debit card that the customer has registered on the site and with which he made the purchase or by means of a bonus that will be sent to the client via email.
No changes or returns of products purchased through the site can be made in the different retail stores where CIA MIGUEL CABALLERO brand products are marketed.
19. Propiedad industrial y derechos de autor
All brands, signs, logos, names and any other distinctive signs, as well as utility models and/or industrial designs, computer, graphic, advertising, photographic, multimedia, audiovisual and/or design materials and other elements of Industrial or intellectual property inserted, used and/or deployed on this Site are the exclusive property of CIA MIGUEL CABALLERO SAS. And in some cases are owned by third parties who have expressly authorized CIA MIGUEL CABALLERO SAS. For use and/or exploitation. Likewise, in some cases the use of third party Industrial property has been authorized by law in general, and therefore its use does not require prior and express authorization of its owner. Nothing in www.miguelcaballero.com may be construed as granting in any way authorizations, licenses or any other right to use or dispose of any form of the Industrial Property without the written permission of CIA MIGUEL CABALLERO SAS. Or the owner of the rights of the same. Any unauthorized use will constitute a violation of these Terms and Conditions and the current national and international rules on Industrial Property.
20. Distinctive signs
The distinctive signs of CIA MIGUEL CABALLERO and any other displayed on this page, is owned by CIA MIGUEL CABALLERO SAS. Under no circumstances may it be considered that the use or licensing of any kind, trademarks, trade names, slogans or slogans is permitted. Therefore, it is considered expressly prohibited the use of the same, under penalty of being involved in the civil and criminal liability that may occur.
21. Linking, Deeplinking y Framing
CIA MIGUEL CABALLERO SAS. Prohibits the use of the names and/or logos, trademarks and any other distinctive signs of their property as hypertextual or otherwise linked links to Internet sites whose URL is different from www.miguelcaballero.com, unless the establishment of a link of such nature is approved by CIA MIGUEL CABALLERO SAS, in writing, in which case it must comply with the design and publicity guidelines established by CIA MIGUEL CABALLERO SAS To request the withdrawal or to remove links that have been established in websites without their express and previous authorization. The establishment in pages not controlled by CIA MIGUEL CABALLERO SAS of links to subdirectories within the URL www.miguelcaballero.com (Deeplinking The use, display, copy or any other form of reproduction of the Site http://www.miguelcaballero.com or any of its subdirectories and/or pages, in sites not controlled by CIA MIGUEL CABALLERO SAS. ("Framing") is expressly prohibited. Failure to comply with these prohibitions will be a violation of intellectual property rights over the Contents and rights over Industrial Property.
22. Limited Liability
Notwithstanding the provisions of the mandatory rules of applicable Colombian Legislation, CIA MIGUEL CABALLERO SAS. Does not assume any liability, including any liability for any damages, including but not limited to, loss of information or utilities, virus existence, results of use or inability to use the material on this Site, lost business opportunities, or Any other damage, even if the user has advised us about the possibility of such damages, or any third party claim, except as expressly stipulated herein. Under the terms here indicated, CIA MIGUEL CABALLERO SAS. Does not assume any responsibility for the information provided on the page, including but not limited to products, interest notes, opinions, practical advice and resolution of concerns. CIA MIGUEL CABALLERO SAS. Does not assume any responsibility for the impossibility of, or problems in, the use of the Site or any of the pages that comprise it, including but not limited to events such as server or connection problems, interruptions in communication, technical problems. In case the use of the material of this Site results in the need to service, repair or correct equipment or information, the user assumes any cost derived from it.
SOLE PARAGRAPH: The responsibility of CIA MIGUEL CABALLERO SAS. Shall be limited to an amount identical to the value of the product purchased or, failing that, to the value of the product requested by the customer.
The website is the sole and exclusive property of CIA MIGUEL CABALLERO SAS whose address is in the city of Bogotá, Colombia. Unless otherwise noted, all content posted on this website is Copyright © 2017 by CIA MIGUEL CABALLERO SAS
All design and content offered on the website, including navigation buttons and images, illustrations, graphics, photographs, text and the like, and all rights thereto, including copyrights, trademarks, trade dress, and / Or other intellectual property, are owned, controlled or licensed by CIA MIGUEL CABALLERO SAS
MIGUEL CABALLERO is a registered trademark in Colombia, by CIA MIGUEL CABALLERO SAS
This website has been developed in compliance with the laws and regulations of the Republic of Colombia; Therefore their visitors accept to enjoy the rights and obligations that Colombian law stipulates. Any difference, controversy or conflict in the interpretation, application or development of the content of the web page with its users, will be solved by the Colombian judges applying the Colombian law.