Terms and Conditions

The present General Conditions of Use, Conditions of Sale and Privacy Policy regulate the use of the website www.laudela.com.co (hereinafter "the Website"), which is owned by INVERSIONES NATALIA DUQUE E HIJOS S.A.S (hereinafter THE COMPANY) with NIT 900658294-8 and main address at Calle 14 sur #43A - 21 IN 102, Medellín, (Ant), Colombia.

Purpose and generalities

Through its website www.laudela.com.co, THE COMPANY provides information about its products and offers the possibility of purchasing them. Due to the content and purpose of the Website, people who wish to benefit from its services must have the status of "USER," which they acquire by completing the registration form and following the steps that THE COMPANY subsequently communicates via email. The status of USER implies adherence to the Conditions of Use, the version published at the time of accessing the Website. In any case, there are pages of the Website accessible to natural or legal persons who do not register or initiate a product purchase (hereinafter, "USERS"). In this sense, USERS who access these parts of the Website agree to be subject to the terms and conditions set forth in these General Conditions, to the extent that they may be applicable to them.

Product Information

The descriptions of the products displayed on the Website are made based on information provided by THE COMPANY and its suppliers. However, the information provided about each product, as well as the photographs and videos on THE COMPANY's website, are displayed on www.laudela.com.co as a guide; screen colors may vary depending on the configuration and resolution of the monitor or device screen. THE COMPANY attempts to reproduce screen colors as faithfully as possible to the actual colors of the products.

Prices

THE COMPANY is established in Colombian territory. The prices of the products shown on the Website include VAT, as well as all applicable taxes and levies.

Availability

THE COMPANY informs the USER that the number of available units is kept updated with the stock in the warehouse. In no case will THE COMPANY intentionally sell more units than it has available.

THE COMPANY will do everything possible to satisfy all its USERS' demands for products. However, occasionally, due to causes difficult for THE COMPANY to control, such as human errors or incidents in computer systems. In the event that the product is not available after the order has been placed, the USER will be informed by email of the total or partial cancellation of the order. Partial cancellation of the order due to unavailability does not entitle the USER to cancel the entire order. If, as a result of this cancellation, the USER wishes to return the delivered product, they must follow the provisions in the Return section.

User Information Required

The "Registration" form on laudela.com.co asks users for personal data such as name, date of birth, email address, and physical address. By completing the form, the USER grants their express consent for THE COMPANY and/or third parties with commercial ties to it to carry out processing operations of their personal data such as collection, storage, use, circulation, or deletion, under the terms of this Policy. Personal data will be processed for the development of commercial activities, transactional activities, for the dispatch of orders, to answer inquiries about products and services offered, for conducting studies for statistical purposes, user knowledge, to send information about news, products, services and special offers, for the development of activities related to computerized services, telephone services, collections or other similar nature and to inform users about changes to this policy. THE COMPANY is not responsible for the accuracy of the personal data provided by its USERS. USERS guarantee and are responsible, in any case, for the accuracy, veracity, validity, and authenticity of the personal data entered.

THE COMPANY will process your Personal Data for as long as necessary to fulfill the aforementioned purposes, and/or as long as necessary for compliance with legal or contractual obligations.

Data Processing Policy Security

THE COMPANY uses a secure server that establishes a connection so that information is transmitted encrypted, using the www.ateneaservices.com platform. Through it, data is stored in databases through SQL queries managed by sessions and with an encryption system to ensure that whoever accesses that information has authorized access.

Shopping Cart

When a Product is selected, it is automatically added to the shopping cart. There, quantities can be changed or the product can be removed according to the purchase intention. Likewise, it is possible to get an estimate of shipping costs. The shopping cart is indicative and under no circumstances represents a quote or a commitment to maintain prices on the Website or in other stores for THE COMPANY.

Payment

The USER undertakes to pay at the time of placing the order. The ticket or proof of purchase corresponding to the purchase order will be available and can be viewed at www.ludela.com.co, by accessing the Profile and locating the "My Payments" tab.

The USER must pay the amount corresponding to their order by credit and debit card.

Card payment is made through the ELP and PayPal platforms with their PCI and PA-DSS security protocols.

The USER must notify THE COMPANY of any undue or fraudulent charge on the card used for purchases, by email or telephone, as soon as possible so that THE COMPANY can take appropriate action.

The products and services offered on THE COMPANY's website, unless a different method is indicated for particular cases or offers of certain goods or services, can only be paid for by the means specifically indicated in each case. The use of credit cards will be subject to the provisions of these terms and conditions. In case of contradiction, what is expressed here shall prevail.

All transactions made on THE COMPANY's website are subject to an inventory, payment method, and personal data validation process. Orders that do not pass this validation process will be rejected by the system. The result of the validation will be informed to the customer via email and in case money has been debited, it will be refunded to the same payment method.

Security

THE COMPANY has the maximum security measures commercially available in the sector. In addition, the payment process operates on the ELP and PayPal platforms with their PCI and PA-DSS security protocols.

Order Placement

Once the order is formalized, that is, with the acceptance of the Conditions of Use and the confirmation of the purchase process, THE COMPANY will always send an email to the USER confirming the details of the purchase made.

Delivery times, place of delivery and losses

I. Product Delivery

THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the USER on the order form. In order to optimize delivery, we ask the USER to provide an address where the order can be delivered during regular business hours.

THE COMPANY will not be responsible for errors caused in delivery when the delivery address entered by the USER in the order form does not match reality or has been omitted.

THE COMPANY informs the USER that it is possible for a single order to be split into several deliveries.

II. Delivery Time

Shipments will be made through a courier company. Your order will be delivered within a maximum of five (5) business days, counted from the confirmation of payment for the order, this applies only to capital and intermediate cities. For rural and low-coverage areas, delivery will be made according to the transit conditions established by THE courier COMPANY.

Generally, for credit card payments in national sales, shipping will be made on the next business day after the sale, and for credit card payments issued abroad, the time will be two business days.

These deadlines are approximate, and therefore an estimate. Therefore, they may vary for logistical reasons or force majeure. In cases of delivery delays, THE COMPANY will inform its USERS as soon as it becomes aware of them. Each delivery is considered completed from the moment THE transport COMPANY makes the product available to the USER, which is materialized through the control system used by the transport company. Delays in delivery will not be considered in cases where the order has been made available to the USER by the transport company within the agreed period and could not be delivered due to reasons attributable to the USER.

III. Delivery Data, Undelivered Items and Loss

If the USER is absent at the time of delivery, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. THE COMPANY contracts, as part of the courier delivery service, a series of follow-up actions aimed at ensuring that delivery takes place. If, after 24 business hours after the order has been dispatched for delivery, delivery has not been arranged, the USER must contact THE COMPANY. If the USER does not do so, after 36 business hours from the dispatch of the order, it will be returned to our warehouses and the USER will be responsible for the shipping and return costs of the merchandise, as well as any associated handling fees.

IV. Due Diligence in Delivery

The USER must check the good condition of the package in front of the carrier who, on behalf of THE COMPANY, delivers the requested product, indicating on the delivery ticket any anomaly that may be detected in the packaging. If, subsequently, once the product has been reviewed, the USER detects any incident such as a blow, breakage, signs of having been opened, or any damage caused to it by shipping, they undertake to communicate it to THE COMPANY via email as soon as possible, within 24 hours of delivery. After that time, incidents of this type will not be handled (only parts under warranty).

Return

I. Return Procedure

All products purchased from THE COMPANY may be returned and refunded, provided that the USER notifies THE COMPANY of their intention to return the product(s) purchased within a maximum period of up to 3 business days from the date of delivery and that the other conditions established in this section are met.

  • The product must be in the same condition in which it was delivered and must retain its original packaging, labeling and stamp (including intact shrink-wrap, all types of marks, stickers, seals, etc., and without any alteration).
  • The shipment must be made using the same box in which it was received to protect the product in such a way that it arrives at THE COMPANY's warehouse with the maximum possible guarantees.
  • A copy of the delivery note must be included inside the package, also marking the returned products and the reason for the return.

In order to facilitate the return process for USERS and to be able to properly track it, THE COMPANY establishes the sole return procedure as set forth by THE COMPANY. If the reason for the return is attributable to THE COMPANY (the product is defective, it is not what was ordered, etc.), the amount of the return will be refunded. If the reason is otherwise, the cost of return shipping will be borne by the USER. To proceed with a return, the following steps must be followed:

  • Inform within 3 calendar days of receipt that the product is to be returned. Information can be sent via email to info@laudela.com.co. In the case of defective products, the USER must take photographs for these cases.
  • THE COMPANY will inform the USER of the address to which the product should be sent or taken.

II. Refunds to the User

The return of products will result in a refund equal to the cost of the returned products. Only if the delivered product is defective or incorrect will THE COMPANY also reimburse the USER for the corresponding shipping costs. The USER must take photographic evidence for these cases. Returns and partial cancellations will result in partial refunds. THE COMPANY will process the return order using the same payment system that was used, within 3 business days from the confirmation of arrival of the returned order at the warehouse.

No cash refunds will be made. Refunds will only be made to the cardholder's personal account, after a bank certification process.

III. Timelines

These times are also subject to the validation of the order by PCI; therefore, the controls exercised by PCI under the terms of the previous paragraph may extend the specified times. The indicated times include both the home delivery of the Products, as well as the preparation and shipment of orders, and the delivery of the Products to the User by the carrier used.

Legal Warranty for Purchased Products

THE COMPANY must be responsible for the quality, suitability, safety, and good condition of the products it supplies. The warranty period will be that announced for each product. If the warranty period is not indicated, it will be one (1) year, according to articles 7 and 8 of Law 1480 of 2011. THE USER undertakes to handle the product as recommended by THE COMPANY.

Intellectual and industrial property

Modification, reproduction, publication, or transfer of any content to other people, or its use for any purpose except as permitted by current law, is prohibited. It is prohibited to disassemble, decompile, reverse engineer, or attempt by any means to break the content protection. All content, elements, and information on this Website, including all text, format, images, music, trademarks, logos, signs, trade names, sounds, graphics, videos, animation, and other materials on this Portal are the property of LAÚ DE LÁ. Some of the Contents are protected by copyright and trademark laws. Any unauthorized use of the Services and Contents of the Portal that violates the property and intellectual property rights of THE COMPANY or third parties may lead to the initiation of corresponding legal actions by the rights holders. Access or use of www.laudela.com.co will not in any way imply the granting or denial of any license, concession, or right of use over any of the trademarks, names, logos, designs, or Contents protected by the intellectual property right of THE COMPANY or any third party, as appropriate. The creation of web pages, Internet sites, electronic documents, or computer programs or computer applications of any type that contain hyperlinks or marks that redirect the user to any Content of this Portal is not allowed without the corresponding authorization. Only the use of the web domain content for informational and service purposes is authorized, provided that the source is cited or referenced, with the USER being solely responsible for the misuse of the same.

Access and stay on the web. Our contents

USERS are entirely responsible for their conduct when accessing information on the Website, while browsing it, as well as after having accessed it.

As a result of the above, USERS are solely responsible to THE COMPANY and third parties for:

The consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content on the Website, whether or not prepared by THE COMPANY, published or not under its official name.

As well as the consequences that may arise from use contrary to the content of this document and harmful to the interests or rights of Third Parties, or that in any way may damage, disable or deteriorate the Website or its services or prevent the normal enjoyment by other Users.

THE COMPANY reserves the right to update the content when it deems appropriate, as well as to delete, limit or prevent access to them, temporarily or permanently, as well as to deny access to the Website to USERS who misuse the content and/or violate any of the conditions appearing in this document.

THE COMPANY informs that it does not guarantee:

That access to the Website and/or linked Websites is uninterrupted or error-free.

That the content or software that USERS access through the Website or linked Websites does not contain any error, computer virus, or other elements in the content that may cause alterations in their system or in the electronic documents and files stored in their computer system or cause other types of damage.

The use that USERS and Users may make of the information or content of this Website or linked Websites for their personal purposes. The information contained in this Website should be considered by USERS and Users as informative and guiding, both in relation to its purpose and its effects, which is why:

THE COMPANY does not guarantee the accuracy of the information contained on this Website and therefore assumes no responsibility for any possible damages or inconveniences to USERS that may arise from any inaccuracy present on the Website.

Our responsibility

THE COMPANY assumes no responsibility, including but not limited to:

For the use that USERS or USERS may make of the materials on this Website or linked websites, whether prohibited or permitted, in infringement of the intellectual and/or industrial property rights of the Website's content or of third parties.

For any damages that USERS or USERS may suffer caused by a normal or abnormal functioning of the search tools, the organization or location of the content and/or access to the Website and, in general, for errors or problems that may arise in the development or implementation of the technical elements that the Website or a program provides to the User.

For the content of those pages that USERS or USERS may access from links included on the Website, whether authorized or not.

For the acts or omissions of third parties, regardless of whether these third parties may be linked to THE COMPANY by contractual means.

For minors' access to the content included on the Website, it being the responsibility of their parents or guardians to exercise adequate control over the activity of their children or minors under their care or to install any of the Internet use control tools in order to prevent access to materials or content not suitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.

For communications or dialogues during debates, forums, chats, and virtual communities that are organized through or around the Website and/or linked websites, nor will it be responsible, therefore, for any damages that USERS or particular and/or collective USERS may suffer as a result of such communications and/or dialogues.

THE COMPANY will in no case be liable when: Errors or delays occur in the USER's access to the Website when entering their data in the order form, slowness or impossibility of reception by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, cases of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of THE COMPANY.

Failures or incidents that may occur in communications, incomplete deletion or transmissions, so that it is not guaranteed that the services of the Website are constantly operational.

For errors or damage caused to the website by inefficient and bad faith use of the service by the USER.

For the non-operability or problems in the email address provided by the USER for sending the order confirmation.

In any case, THE COMPANY undertakes to solve any problems that may arise and to offer all necessary support to the USER to reach a quick and satisfactory solution to the incident.

Likewise, THE COMPANY has the right to carry out promotional campaigns during defined periods to promote the registration of new members in its service. THE COMPANY reserves the right to modify the conditions of application of the promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants in the promotion in the event of detecting any anomaly, abuse or unethical behavior in their participation.

Credit Card Fraud

In case of fraud or unauthorized use of the credit card by third parties, most banks and credit card issuing companies cover all expenses resulting from such fraud or misuse, which may sometimes be subject to a deductible amount and for the time period. In the event that THE COMPANY issuing the credit card or the bank charges the USER such a deductible amount due to unauthorized transactions resulting from a purchase made on THE COMPANY's Platform, the cardholder will be reimbursed up to a maximum of COP 100,000 (one hundred thousand local currency pesos). In order to make such a refund, THE USER must report this fraud to THE COMPANY issuing their credit card (according to their reporting rules and procedures) and immediately contact THE COMPANY by email at info@laudela.com.co. In the subject of the email, write "credit card fraud" and also provide proof of the deductible amount charged (e.g.: policy of THE COMPANY issuing the credit card). This reimbursement as compensation applies only to purchases made by credit card using the secure server at www.laudela.com.co and to the unauthorized use of your credit card on the secure server, due to our fault or negligence, for which the USER is not responsible.

Nullity

In the event that any clause of these Conditions of Use is declared null and void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these Conditions of Use. THE COMPANY may not exercise any of the rights and faculties conferred in this document, which will not imply in any case the waiver of the same, except express recognition by THE COMPANY or prescription of the action that corresponds in each case.

Modification of the conditions of use

THE COMPANY reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General CONDITIONS. Therefore, THE COMPANY recommends the USER to read them carefully each time they access the Website.

USERS will always have these Conditions of Use in a visible, freely accessible place for any queries they wish to make. In any case, the acceptance of the Conditions of Use will be a prior and indispensable step to the acquisition of any product available through the Website.

Jurisdiction and applicable law

This agreement shall be governed in all its aspects by the laws in force in the Republic of Colombia.

In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, if applicable, will hear the matter, will be those provided by the applicable legal regulations regarding competent jurisdiction, which, in the case of consumers, refers to the place of fulfillment of the obligation or the domicile of the purchasing party.

For cases where delivery is made outside the national territory, USERS are reminded that sales made on the Website are subject to Colombian legislation and procedures will be carried out in Spanish.