MEDIOS NARANJA S.A.S. is a commercial company legally organized under the laws of the Republic of Colombia, hereinafter referred to as THE COMPANY..

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THE COMPANY owns the rights of AGUA DE ROSA brand, and AGUA DE ROSA commercial establishments located at the shopping centers Centro Comercial El Retiro in Bogotá D.C. and Centro Comercial La Serrezuela in Cartagena - Bolívar.

THE COMPANY, through AGUA DE ROSA, makes sales through traditional channels (physical and face-to-face sales) and through unconventional channels through the website and social media such as Instagram, Facebook, Twitter, WhatsApp, among others.

In accordance with the corporate purpose of THE COMPANY and AGUA DE ROSA, the following general Terms and Conditions are established, hereinafter referred to as Terms and Conditions, for the correct operation, access, use, registration and performance of the commercial relations offered by THE COMPANY by conventional and electronic means, including, but not limited to, the website www.aguaderosa.com and social media such as Instagram, Facebook, Twitter, WhatsApp, among others.

With the purpose of the correct performance of commercial relations offered by THE COMPANY, the acceptance of these Terms and Conditions is essential.

These Terms and Conditions shall govern among THE COMPANY and all those who register at any web media of THE COMPANY and/or carry out any commercial transaction through the physical or digital means offered by THE COMPANY, who hereinafter shall be referred to as THE CLIENTS.

Additionally, THE CLIENTS, at the time of registering and/or carrying out any commercial transaction through the physical or digital means offered by THE COMPANY, accept that they know, accept and respect the Terms and Conditions presented herein.

THE COMPANY reserves the right to modify these Terms and Conditions as desired. Additionally, in the event that these Terms and Conditions are modified, THE CLIENTS shall be informed, so that they can review the modifications.

In the event that a person rejects these Terms and Conditions, she/he must refrain from using any of the aforementioned physical and/or digital means to carry out any type of transaction through the aforementioned digital means offered by THE COMPANY.

Additionally, only those persons of legal age, duly identified with an Identity Card, Alien Identity Card or Passport, may register and/or use the physical and digital means offered by THE COMPANY

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1.  CLIENT REGISTRATION

In order to carry out commercial transactions through the physical and digital means offered by THE COMPANY, it is necessary for THE CLIENTS to register properly using the forms offered by THE COMPANY. For this, CLIENTS are required to submit personal and confidential information, this information shall be used exclusively by THE COMPANY and shall not be passed on to third parties, with the exception of that information necessary and required by the financial institutions used by THE CLIENTS in order to carry out a correct payment method for the commercial transactions that THE CLIENTS wish to carry out.

For the aforementioned to function correctly and for the correct performance of the commercial transactions offered by THE COMPANY through its digital media, it is necessary for THE CLIENTS to read, understand and accept the Terms and Conditions for the use and Protection of Data, document offered by THE COMPANY by electronic means and available in physical stores for THE CLIENTS reading and study.

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2.  ACCESS AND USE CONDITIONS

The use of the physical and digital media offered by THE COMPANY is free of charge, with the exception of network connection charges offered by the telecommunications companies contracted by THE CLIENTS.

THE CLIENTS undertake to make correct, legal and diligent use of the physical and digital media provided by THE COMPANY, likewise the information contained within the digital media, in accordance with the provisions of Colombian laws and these Terms and Conditions, for the use and Protection of Data, as well as the good customs generally accepted by society.

THE CLIENTS accept that all data and information provided by them to THE COMPANY are authentic and updated; additionally, THE CLIENTS are solely responsible for the authenticity, update and legality of the data provided by them, and in such case of providing false, outdated and/or illegal data and information, they release THE COMPANY from any liability that may arise on it.

THE CLIENTS are solely responsible for their correct behavior and use of the means provided by THE COMPANY while they access and browse the aforementioned digital media, as well as after accessing and browsing these digital media.

For the correct application of what is established above, THE CLIENTS commit to the correct use of the contents offered by THE COMPANY through its physical and digital means, these being: texts, images, graphics, designs, slogans, pictures, backgrounds, technology, texture, software, information, links, other audiovisual and sound content, source codes and graphic designs, in accordance with the provisions of Colombian laws, these Terms and Conditions and the Terms and Conditions for the use and Protection of Data provided by THE COMPANY for the proper functioning of commercial transactions among THE COMPANY, THE CLIENTS and potential third parties (financial institutions, etc.)

In accordance with the foregoing, THE CLIENTS undertake to refrain from: the reproduction, copying, distribution, modification, publication and transformation of the previously provided content by THE COMPANY. The foregoing, with the exception of modifications, reproductions, copies, distribution, publication and transformation of the contents when there is prior written authorization by THE COMPANY.

Additionally, THE CLIENTS must refrain from altering, modifying, deleting or in any other way changing the "copyright" and other indications of legitimate rights reservation established by THE COMPANY.

In accordance with the foregoing, THE CLIENTS must also refrain from carrying out any of the following acts:

• Induce, incite, promote or adduce criminal, defamatory or violent acts contrary to law, morality and that violate generally accepted good customs and/or public order;
• Provide false, ambiguous, exaggerated, inaccurate or extra temporary information, in such a way that said information induces or may mislead THE CLIENT’s object, intentions or purposes;
• Make use of third-party elements currently covered by intellectual property rights, without obtaining prior authorization from the owners of said rights;
• Those considered or that could be used as illicit, misleading or unfair advertising or that violate the current legislation that governs and regulates the protection of personal data:
• Harm the infrastructure functionality of the digital media used by THE COMPANY, such as introducing computer viruses or carrying out actions that may alter, spoil, interrupt or generate errors or damages to electronic documents, data or physical and logical systems of THE COMPANY or third parties; as well as hinder the access of other CLIENTS to their digital media and their services through the massive consumption of computer resources through which THE COMPANY provides its services by traditional or electronic means (online);
• Cause, due to its characteristics (such as format or extension, among others), difficulties in the services normal operation offered by THE COMPANY digital media;
• Disseminate criminal, violent, pornographic, racist, xenophobic, homophobic, offensive, discriminatory, pejorative content that threatens the dignity of THE COMPANY, advocates terrorism or, in general, is contrary to law or public order;
• Attempt to access the email accounts of other CLIENTS or restricted areas of the computer systems of THE COMPANY or third parties and, as the case may be, to extract information;
• Impersonate the identity of another CLIENT or third party.

The User will be liable for damages of any nature that THE COMPANY may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these General Conditions of Use or the applicable laws in relation to the Website use.

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3.   LEGAL CAPACITY

Only those who have the legal capacity to contract and bind themselves can carry out commercial transactions with and through the means offered by THE COMPANY, for which THE COMPANY is not responsible for the veracity of the information provided by THE CLIENTS, including, but not limited to dates of birth, identification number and payment methods.

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4.   CONSENT FORMATION

At the time THE CLIENTS carry out all the appropriate steps required by THE COMPANY to make the purchase, they express their consent to be part of the commercial transaction in progress, and said consent is perfected, at the time of reviewing and subsequent acceptance of the transaction summary that is provided to THE CLIENTS through the physical and/or digital means offered by THE COMPANY, where it is specified:

• Products individual price;
• Products to be purchased;
• Payment method;
• Shipping method (digital media);
• Shipping cost (digital media);
• Total cost of the transaction.

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5.   PAYMENT METHODS

When the purchase is made through physical means of sale, payment can be made in cash or through any credit card issued by Colombian or foreign financial entities that correspond to franchises Visa, Master Card, American Express, Diners Club International

When the purchase is made through digital means, prior to the purchase order acceptance, THE COMPANY shall verify that the payment of the order has been made, through any credit card issued by the corresponding Colombian or foreign financial entities of franchises Visa, MasterCard, American Express, Diners Club International. Likewise, the User may make the payment through PSE or PayU

THE COMPANY is exempt from possible damages that could be caused, in the event that there is a failure in the communication, operation or payment processing systems by those financial institutions that THE CLIENTS choose and that are accepted by THE COMPANY to perform the monetary transactions of the commercial relationship between THE COMPANY and THE CLIENTS.

Transportation costs of the products purchased and the taxes payment that may arise due to the purchase shall be assumed exclusively by THE CLIENTS and are not included in the price that appears in the digital media of THE COMPANY.

Shipping costs and taxes shall be settled and calculated at the time of purchase. THE CLIENTS shall be informed of the final price through communication of purchase order acceptance and notification of successful payment.

The sale shall be subject to availability of the inventory in stock. If when the product is enlisted, there is no availability of this, THE COMPANY shall make the return of the money according to the terms established by the corresponding banking institutions.

Transportation is carried out by a company specialized in shipments, therefore, and being external to THE COMPANY and THE CLIENTS, by proceeding with the payment of the selected product, you accept the terms of said carriers and exempt THE COMPANY from any responsibility regarding the shipping.

6.  RIGHT OF WITHDRAWAL

Protected under the Consumer Protection Law, purchasing Users have the possibility of exercising their right to withdraw their purchase as long as any and all of the following conditions are met:

1. Return of the purchased merchandise in perfect condition.
2. Return of the purchased merchandise new, that is, without having used it.
3. The returned merchandise, as well as its packaging, must be suitable for a new sale.
4. The right to withdraw must be exercised by the User, during the five (5) calendar days after the product delivery.
5. The product return can be done in person at our physical stores or through a mail company, costs and risks must be assumed by the User.
6. The User must assume all the costs inherent and related to the return.
7. The right of withdrawal does not apply to products that have been custom-made or custom-ordered.
8. The right of withdrawal does not apply to products in promotion or discount.

THE COMPANY shall refund the money to the User, in a term not exceeding thirty (30) days, counted from the effective receipt of the product.

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7.  RETURN CONDITIONS

 

THE CLIENTS may return the product within thirty (30) days following the purchase, when they may use the price paid to buy another product offered by THE COMPANY as long as any and all of the following conditions are verified:

1. Making of the product physical return within thirty (30) days after the purchase of said product.
2. At the time of requesting the return, you must submit the purchase invoice, if you do not have it, you must request a copy or the purchase certificate, a procedure that can last two (2) business days.
3. Return of the purchased merchandise in perfect conditions.
4. Return of the merchandise to be returned new, that is, without having used it and in its original packaging.
5. Return of the merchandise to be returned, as well as its packaging, in conditions suitable for a new sale..
6. Product return can be done in person at our physical stores or through a mail company, costs and risks must be assumed by THE CLIENTS.
7. THE CLIENTS must assume all the costs inherent and related to the return.
8. Returns do not apply to promotional merchandise or products.
9. Returns do not apply to products that have been custom-made or custom-ordered.

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8.   PROMOTIONS

CLIENTS expressly authorize THE COMPANY to send them to the email registered in the digital media a newsletter where promotions may be included according to the characteristics of each CLIENT, according to the purchases and links visited, in accordance with the authorization they grant when they make registration on the Portal. CLIENTS can request the suspension of all promotional or advertising communication sent to their email by sending an email to this effect to info@aguaderosa.com.

1. The offers and/or Promotions shall have the validity indicated and communicated to THE CLIENTS, otherwise it shall be understood that the promotion extends until the inventory destined for that offer is exhausted. Promotions are not combinable with other promotions or discounts unless otherwise specified in the digital media or promotion. When an offer is made that contains more favorable conditions for THE CLIENTS, the latter declares to understand and accept that the product offered may be sold out during the validity of the offer and/or promotion, without this implying any type of responsibility for THE COMPANY..
2. THE COMPANY reserves the right to announce said promotions to THE CLIENTS with the time in advance that it deems necessary.

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9. PRODUCTS

1. SIZES: i. CLIENTS acknowledge and accept that the sizes marked, both on the packaging and on the garments, may vary from those used by other brands, due to the variation in the different manufacturers’ measurements to refer to the sizes and dimensions of each. THE COMPANY disclaims any liability with respect to disagreements, damages, losses, among others, that this could bring, since it is THE CLIENTS’ responsibility to review the measures offered by THE COMPANY digital media or, failing that, to contact THE COMPANY directly to make a review of the measures that it uses for the referencing of its garments sizes;
2. COLORS: i. CLIENTS understand and accept that the garments offered by THE COMPANY are susceptible to natural changes in the aspects that surround the garments color, for which THE COMPANY is not responsible for natural discoloration, discoloration due to misuse of cleaning products, among others; ii. CLIENTS understand that the colors that appear in the images, graphics, photographs and other garments in digital media may not completely match the actual version offered by THE COMPANY, due to variations in light, photographic position, variations in the digital devices resolution, among others. Due to the foregoing, THE COMPANY is not responsible for any disagreement presented by THE CLIENTS with reference to this situation;
3. INVENTORIES: i. CLIENTS of THE COMPANY digital media declare to understand and accept that between the moment in which they choose the product and the moment in which the acceptance of the transaction by the respective financial entity is actually carried out, the selected product may run out, which is why THE COMPANY is empowered to return the transaction and consequently return the money paid for the out-of-stock product, if such a situation arises. Due to the foregoing, it will proceed to inform said situation to the portal Client within five (5) business days following the moment in which the purchase was generated, without this generating any type of responsibility for THE COMPANY, nor the power to request compensation for damages by the Client;
4. PRICES: i. Products prices shall be shown in THE COMPANY digital and physical media in Colombian pesos (COP), said value does not include taxes, shipping costs nor any additional cost that the financial entity through which the payment will be made requires; ii. When purchases are made through digital means, CLIENTS state that they understand that they are carrying out the transaction through a digital medium that is susceptible to failures, such as a products prices shown different from what is adjusted to reality, in such case, if such a failure occurs, CLIENTS state that they know and accept that THE COMPANY reserves the right to reverse the transaction and inform THE CLIENTS of what happened within a period not exceeding FIVE (5) business days after such transaction was made;
5. DELIVERY: i. The delivery of products purchased in physical media shall be made immediately, unless it is a custom-made or custom-ordered product. When the sale is made through digital media, the delivery shall be made by a third-party transport company, which shall deliver the products ordered by THE CLIENTS to the address provided by them;

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10. GUARANTEE

If CLIENT considers that the product or merchandise delivered has defects that prevent its correct use, he/she must request a technical guarantee diagnosis. For the granting of said guarantee, the following conditions are established:

1. The guarantee granting shall be subject to a technical diagnosis, free of charge.
2. THE COMPANY, in a term not exceeding 20 business days, shall carry out the technical diagnosis and issue a result, which shall be informed to the User.
3. If the guarantee is appropriate and the product must be repaired, said repair may not exceed 30 business days from the date of issue of the technical diagnosis.
4. If the product cannot be repaired, either because of its type or because of the defect or damage seriousness, the product shall be replaced with a new one. If said product is not in stock, the money shall be returned within a term not exceeding thirty (30) calendar days.
5. If failure of the repaired product is repeated, the price paid shall be refunded or if THE CLIENT accepts, with a replacement with a product of the same nature and class. If said product is not in stock, the money shall be refunded within a term not exceeding thirty (30) calendar days.
6. If failure of the repaired product is repeated, the price paid shall be refunded or if THE CLIENT accepts, with a replacement with a product of the same nature and class. If said product is not in stock, the money shall be refunded within a term not exceeding thirty (30) calendar days.

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11. INTELLECTUAL AND INDUSTRIAL PROPERTY

1. THE COMPANY holds all the rights over the content, design of the physical and digital media and over the Website source codes, especially, as an example, but not limited to, over the photographs, images, texts, logos, designs, trademarks, trade names, portfolios and data included in the web or application.
2. Any type of information, design, images, videos, brands, names, logos, among others, found in the digital and digital media of THE COMPANY, are protected in accordance with the provisions of Colombian and international laws on copyright, intellectual and industrial property; consequently, its use is exclusively limited to personal purposes of review, purchase and consultation.
3. In consideration of the foregoing, THE CLIENT cannot consider that by the fact of the contents publication found in THE COMPANY digital media, some type of license to use the brand, copyright or intellectual property is granted to him/her.

 

4. THE CLIENTS are advised that such rights are protected by current Colombian and international laws related to intellectual and industrial property, for which the Website total or partial reproduction is expressly prohibited, not even through a hyperlink, or any of its contents, without THE COMPANY express written permission. Likewise, THE CLIENT undertakes not to use THE COMPANY brand in any way that may cause confusion among CLIENTS or that may degrade or discredit THE COMPANY, nor in connection with any service or product that has not been sponsored, approved nor produced by THE COMPANY
5. THE COMPANY informs that it does not grant any implicit license or authorization on intellectual and/or industrial property rights nor on any other right or property related, directly or indirectly, to the content included in digital media, the web or physical stores.

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12. ACTIONS IN THE EVENT OF BREACH

THE COMPANY reserves the right to exercise all judicial and/or administrative actions available for it to demand the responsibilities arising from the breach by THE CLIENT of any of the provisions of these General Conditions of Website Use.

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13. DURATION AND TERMINATION

The provision of the Website service and other physical and conventional sales services, in principle, has an indefinite duration; however, THE COMPANY is authorized to terminate or suspend the provision of the Website service or any of the services at any time, without prejudice to what has been provided in this regard in the corresponding General Conditions of Use. When it is reasonably possible, THE COMPANY will give prior notice of the termination or suspension of the provision of the Website service and other services.

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14. APPLICABLE LAW AND JURISDICTION

The provision of the Website service, these General Conditions of Use of the Website and physical and private stores that may be established, are governed by Colombian law. Internet pages, digital media, their design and graphic presentation are protected by the provisions of Law 23 of 1982, articles 12 and 30 and Decision 351 of the Cartagena Agreement (for the Colombian case) and by the provisions of the Copyright Act of 1976 of the United States of America.

In case of disputes arising from the General Conditions of Use included in this document, which are not resolved amicably within a term of 10 business days from the first claim by any of the parties, THE CLIENTS and THE COMPANY agree to submit to conciliation at the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce. If an agreement is not reached, the conflict shall be submitted to Arbitration procedure, which shall be subject to the provisions of Law 446 of 1998 and Decree 1818 of 1998, or under the rules that regulate, add or modify them, in accordance with the following rules: a) The Court shall be composed of one (1) arbitrator; b) the arbitrator shall be appointed by the parties by mutual agreement. If this is not possible, the arbitrator shall be appointed by the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce; c) the Court shall decide in Law; d) the Court will function in Bogotá at the Arbitration and Conciliation Center.

THE CLIENT expressly declares that all the contents provided by THE COMPANY do not violate in any way industrial nor intellectual property rights, nor of any other nature, of third parties, expressly exonerating THE COMPANY with respect to any claim related to this area made by any third party and assuming full responsibility for these facts.

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15. PERSONAL DATA PROTECTION POLICY

By entering their data to carry out a commercial transaction with THE COMPANY, CLIENTS agree to the collection of their personal data, provided at the time of purchase, in order to provide a personalized commercial relationship where promotions, information, among others, are provided in consistency with CLIENTS’ past purchases.

In order to ensure the information provided by CLIENTS, THE COMPANY carries out the following security and personal data protection guidelines:

• Personal data provided by CLIENTS shall be securely encrypted in order to guarantee their protection against computer attacks, among others, that may put said information at risk.;
• Personal data provided by CLIENTS shall only be stored and used with their prior authorization;
• In the event that CLIENTS wish to remove or delete their personal data from THE COMPANY databases, and in accordance with article 8 of Law 1581 of 2012, at THE CLIENTS’ request by contacting the customer service area, said data shall be immediately removed from said databases.

Personal data is understood as all those provided voluntarily by THE CLIENT, at the time of making the purchase and/or registration, including, but not limited to:

• Name
• Email
• Identification number
• Physical address
• Landline and/or cell phone number
• Age
• Gender

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NOTIFICATIONS

All notifications and communications between THE CLIENTS and THE COMPANY shall be considered effective, for all purposes, when they are made by mail or email. The User must contact THE COMPANY, by: a) Mailing to Calle 82 # 11-75 local 2-175 in the city of Bogotá, Colombia; and b) Sending virtual requests, through the Website contact form.

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MEDIOS NARANJA S.A.S.

Website holder of www.aguaderosa.com

Instagram account holder of @aguadrosa

Facebook account holder of @AGUA.D.ROSA

Address: CALLE 82 # 11-75 LOCAL 2-175, Bogotá, Colombia

Telephone. (57+1) 926–1202

Tax Identification Number (Número de Identificación Tributaria, NIT): 830.111.785-0