Terms and conditions of use, purchase and sale:

 


www.tiendabandera.com is digital content created by BANDERA SAS It is the property of BANDERA SAS These terms and conditions of use, purchase and sale govern the transactions made between BANDERA SAS consumers who are users of www.tiendabandera.com (from now on the website), the use of the website, access to the website and the services provided through it. In addition, these terms and conditions represent a legal agreement between the user of the website and the company BANDERA SAS identified with NIT 900.978.325.0 with judicial notification headquarters in Bogotá at the address Calle 152B # 72-91 Interior 8 Apto 604, telephone 305 4286689 , email: tiendadecontenidos@banderaonline.org website www.tiendabandera.com

By using the website in any way, the user is agreeing to comply with these terms and conditions and any other legal notice or condition or guide published on the website that BANDERA SAS may update without prior notice.

 

Purchase process at www.tiendabandera.com:


The purchase process that a user makes on the website begins with the information that the visitor receives on the website and with the different communication methods that the website offers to clarify doubts and guide the user in their purchase, such as messages via whatsapp through the links enabled on the website, emails to the address tiendadecontenidos@banderaonline.org and the different contact and service request forms available to the user or visitor.

 

After obtaining all the information they need, the user proceeds to make their purchase decision and make the respective payment for their product or service by clicking on the respective button according to the type of product or service they choose. All the purchase buttons on the website take the customer to a shopping cart within the website, which will request information necessary to process their order. At no time is the customer asked for bank or financial information in the shopping cart, only the customer is asked for information related to their identity, their location and the options they want from the product or service in order to finalize the sale of satisfactory way. The user will be able to see the summary of his purchase and the details of the same before paying. It is here where you will complete your purchase process by going to make the payment, by clicking on the respective payment button, which will take you to the payment gateway of PAYU, a company designated by BANDERA SAS to process user payments on the site Web.

 

It is at this point that the user leaves the platform of the website www.tiendabandera.com and is redirected to the platform of the PAYU company, which is a completely different company and separate from BANDERA SAS PAYU will collect the banking information and client's financial institution and will process the payment of the same using the information collection and confirmation methods it deems necessary. Once the payment is processed, PayU will send the user an email with the support of their payment in the event that the process has been successful. Moment in which the purchase process by the user will be considered complete and BANDERA SAS will begin the process of selling and supplying the paid product / service.

 

Bandera SAS sale process and completion of the contract:


If the payment process on the PAYU platform has been successful, BANDERA SAS will proceed to confirm the purchase verifying that the information that the user filled in the shopping cart form is correct. At this point, BANDERA SAS may contact the user if it deems it necessary to confirm their data and confirm the exact details of their purchase in case of ambiguity in the information provided by the user in the form. The products, services and prices included in the website are aimed at the general public as undetermined persons and therefore a confirmation and acceptance by BANDERA SAS of the user's purchase order and the payment made will always be necessary, at the time of which will be understood as perfected the purchase and sale contract between the user and BANDERA SAS The user consequently authorizes the above.

 

BANDERA SAS will be obliged to deliver the product or service purchased through this website once the user receives an email (hereinafter "Confirmation Email"), which confirms that your request form for product or service was received successfully, your request is detailed and you are informed that the payment on the PAYU platform was successful. In this Confirmation Email the value of the purchase is totalized with expenses incurred and the approximate delivery date is reported. If after 24 hours of sending the Confirmation Email, the consumer does not respond requesting correction, clarification or cancellation of the purchase, the complete acceptance of the purchase by the buyer user will be understood, at which time the corresponding invoice will be issued and The product or service purchased will begin to be produced and delivered on the date established in this Confirmation Email. Reason for which the corresponding invoice will be delivered in an email after the final delivery of the product or service purchased by the buyer user. The user accordingly authorizes the above.

 

Free sample:


At its discretion, Bandera SAS may offer a free sample of its services for a specified period of time (a “free sample”). Bandera SAS reserves the right, in its sole discretion, to determine a user's eligibility to receive a free sample and, subject to current laws, to withdraw or modify the free sample at any time, without prior notice and without any liability. , to the extent permitted by law.

 

The free sample may only be used once by a natural person and / or a company with legal status under the following requirements:

Each company that wishes to request the free sample must fill out the free sample form that can be accessed from www.tiendabandera.com with the requested data and attach the certificate of existence and legal representation as applicable in each country. This certificate must clarify the data of the legal representative, who will be the person who fills out the form and signs it.


Each Natural Person as a student who wishes to request the free sample must fill out the free sample form that can be accessed from www.tiendabandera.com with the requested data and attach their valid and verifiable student card. Bandera SAS may request the user the necessary information to confirm the validity of that card.


Each Independent Natural Person who wishes to request the free sample must fill out the free sample form that can be accessed from www.tiendabandera.com with the requested data and attach a work reference and another verifiable personal reference. Bandera SAS may request the user the information necessary to confirm the validity of these references. The user who has been offered the free sample by a means other than the website www.tiendabandera.com has a period of 30 days to claim the free sample. The user may request the free sample only for the services that are enabled in the Free Sample form at the time of their request. Bandera SAS will have a maximum of 30 days to provide the requested service.


The services included in the free sample may have different characteristics from those published on the website according to Bandera SAS considers it, in the same way these differences will be published on the website www.tiendabandera.com in order for the user to be informed correctly before making your request.


Bandera SAS reserves the right to ban a user if they prove bad faith in the use of the free sample or any other service on this website. Case in which it will inform the respective authorities of the user's activity. It is important for users to know that in the event that the judicial or administrative authorities in Colombia determine that there was bad faith on the part of the consumer, the Superintendency may impose sanctions of up to fifty (50) current legal monthly minimum wages.


Payment methods:

BANDERA SAS does not ask for, or save, or collect the FINANCIAL OR BANKING data of the users of this website, this in direct reference to debit or credit card data, account numbers, passwords or any other financial or banking data. In cases in which by force majeure, the user provides financial data for the purposes of a specific request or clarification from the same user or from BANDERA SAS, these financial data will not be stored by BANDERA SAS

 

PAYU is the company in charge of processing and storing the financial data of the users of www.tiendabandera.com to be protected against the risk of theft when they place their purchase orders with credit or debit cards. The mission of PayU will then consist of verifying that the User is indeed at the origin of the orders made in his name through www.tiendabandera.com and therefore, that his banking information is not usurped.

 

As part of this review, PAYU may eventually make a phone call to the User to verify the veracity of the payment. Case in which BANDERA SAS will not proceed with the enlistment of the order, while the User has not been contacted by PAYU. BANDERA SAS will also not proceed with the enlistment, production or delivery of the purchase order until it receives a complete verification from PAYU that the payment by the buyer user has been completely successful and verified. In the case of a user buyer of corporate packages, BANDERA SAS will not proceed with the enlistment, production or delivery of the purchase order until it receives a complete verification from the Responsible Bank of receiving the payment corresponding to the contract between the two parties.

 

The preparation and dispatch of the order by BANDERA SAS depend on the period within which PAYU contacts the User. Therefore, it is possible that the order will be delivered after the delivery promise indicated on the website, and in these terms, BANDERA SAS cannot be held responsible for the delay in delivery or for the cancellation of the order in the event that the User refuses to reveal the information necessary to verify the veracity of his payment.

 

Despite the fact that this website has secure and reliable connections, BANDERA SAS disclaims responsibility for any damage that may be generated by any failure in the operations or communications of the financial entities that issue the valid cards to make payments.

 

Shipping charges and taxes:


The client must bear the costs generated by the nature of the products or services purchased and the payment of the taxes that may arise due to their purchase; In any case, these costs will be informed at the time of generating the Confirmation Email, clarifying that said charge may vary according to the request of the buyer user, who will be definitively informed in the Confirmation Email with notification of successful payment.

 

Delivery promise:


The general promise of delivery of a product or service acquired through this website will be five (5) business days, which will start counting from the day following the acceptance of the purchase order, that is, 24 hours later. to receive the Confirmation Email. However, in the face of unforeseen circumstances, beyond the control of BANDERA SAS and irresistible, delays in deliveries may occur, such circumstances will be informed electronically to the buyer user. Now, in the Confirmation Email that confirms the acceptance of the purchase order and successful payment of the products or services, the estimated delivery time will be reported, without it being able to exceed thirty (30) days.

 

Shipping times and policies:


BANDERA SAS does not commit to specific delivery times. The order will be delivered via email according to the assigned date, between 07:00 and 20:00 Colombian time from Monday to Sunday. The delivery email will serve as the delivery receipt. Changes of products on request, designed, cut or made to measure or under particular specifications will not be accepted. Except in the cases that are detailed in this web page.

 

Right of withdrawal and refund of your money:


Users of this website have the possibility to exercise their right to withdraw their purchase and refund their money; In other words, if a user is not 100% satisfied with their purchase, within 5 days from the delivery date they can independently and freely request that the purchase be reversed, returning things to their initial state; case in which the refund of your money will be made effective on behalf of BANDERA SAS provided that it meets the following conditions:

 

-. The refund of the money must be requested within five (5) days following the delivery of the product or service, the client must explain the reason for their request, in a clear, precise, timely and truthful way, which can only be one of the following options:

 

* Was subject to Fraud

* It was an unsolicited operation

* The product or service purchased is not received

* The product or service delivered does not correspond to what is requested, does not comply with the inherent characteristics or those attributed by the information provided about it.

* The product or service is found to be defective.

 

-. The costs generated by exercising the right of withdrawal must be assumed by the buyer user and the others that derive from the return of the good. Including the commission charge made by the PAYU company for the verification of the payment process.

 

-. Excluded products or services: The right of withdrawal will not apply to products or services on request or those that were produced, made, manufactured, assembled, cut or prepared according to the user's specifications or that are clearly personalized. In this case, the buyer user may only have a refund if at the time of the request, BANDERA SAS has not started to produce, elaborate, manufacture, assemble, cut or prepare the product or service purchased.

 

-. The documents requested from the applicant for withdrawal or return by BANDERA SAS that apply to each case must have been received and approved by BANDERA SAS, among which will be:

 

1-. The copy of the transaction (voucher or proof of payment with number, date and time)

2-. Copy of the identity document of the owner of the means of payment with which the purchase was made.

3-. Certification of the bank account with which the operation was carried out. Expired extracts or copies are not accepted.

4-. The additional documents that BANDERA SAS requests as it considers in each case.

 

BANDERA SAS will refund the money to the user, within thirty (30) calendar days following receipt of the returned merchandise. In accordance with Law 1480 of 2011, the Right of Withdrawal is not applicable in the following events:

 

-. Contracts for the provision of services whose provision has begun with the consumer's agreement.

-. 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 consumer's specifications or clearly personalized.

-. In supply contracts, goods that, by their nature, cannot be returned or may deteriorate or expire quickly.

-. In contracts for betting and lottery services.

-. In contracts for the acquisition of perishable goods.

-. In contracts for the acquisition of goods for personal use.

 

Return Policy:


To obtain a refund you must present the payment email (invoice) of the purchase, in case you do not have it, you can request the proof and / or purchase certificate. The maximum term to request the change of products will be 30 calendar days from the date of purchase. Adjustments, exchanges or returns of products or services provided by free samples will not be accepted. The return will be made through a return note equivalent to the actual value paid for the product.

 

Guarantee Policy:


The refund of the money will not be appropriate if the diagnosis issued is:

-. There was force majeure or fortuitous event

-. The fact of a third party

-. Clear and proven bad faith of the buyer user.

-. That the user of the website did not heed the instructions.

-. Once the term of the legal guarantee expires, the client must assume the payment of any revision, diagnosis, repair and / or replacement that the good or service provided requires.

 

Customers' financial information:


BANDERA SAS works on Google Security Trusted Infrastructure and PayU to carry out secure electronic transactions, which means that all the personal information of buyer users cannot be read or captured by third parties while traveling through the network.

In relation to the site www.tiendabandera.com, BANDERA SAS makes this declaration of security and privacy in order to demonstrate and communicate its commitment to a high ethical business practice and equipped with the appropriate internal controls. This Website is protected with a wide variety of security measures, such as change control procedures, passwords, and physical access controls. We also employ other mechanisms to ensure that the information and Personal Data that buyer users provide are not lost, misused or inappropriately modified. These controls include confidentiality policies and periodic database backup.

 

User rights:


The user will enjoy all the rights recognized by the Colombian legislation on Consumer Protection and Protection of Personal Data, for this reason, they may file their requests, complaints, claims and suggestions (PQR) through the different communication tools and mechanisms established by BANDERA SAS To find out completely how to file your request, complaint, claim and / or suggestion, please click here.

 

General and contractual provisions:


We try and do our best to ensure that access to this website is safe and your personal information is protected; In any case, we cannot be held responsible for external circumstances, viruses, delays in operation or transmission, technological errors, manipulation by unauthorized third parties, any event of invasion or technological manipulation or any other error in the operation of the website. Consequently, every transaction is subject to verification by our company and confirmation by the user, it is subject to a resolutive condition when any of the aforementioned situations occurs.

Remember that only people who have full legal capacity to do so can contract through this website. In any case, only persons of legal age, duly identified with a valid identity document in their country of residence, will be allowed to carry out purchase operations through this website. Likewise, eventually this website may present involuntary errors, if you detect them, we appreciate your bringing them to our knowledge.

 

Links to other sites:


This Site may contain "links" to other sites. BANDERA SAS is not responsible for the security or privacy practices, or the content of those sites. Likewise, BANDERA SAS does not endorse any product or service offered on said sites. Similarly, BANDERA SAS is governed by its Personal Data Protection Policy, therefore they do not apply policies of sites that derive traffic to this website or any of the sites owned by BANDERA SAS

BANDERA SAS may link to external sites that are not under its control. These links are not endorsements to those external sites and those websites do not follow the same terms of use or privacy policy as BANDERA SAS

 

Materials and contents on the Website:


We provide users with access to digital materials and audiovisual content (as defined below) to help our clients create the content they need through the website and the domains associated with the website.

BANDERA SAS will have the power to change these terms of use, purchase and sale at any time by publishing updates and announcing these changes to registered users. If the updates are not in favor of a user who believes that they are unacceptable, the user may stop using this website and services at any time.

BANDERA SAS will provide you with limited access to online services, products and content owned by BANDERA SAS and third parties with commercial relationships with BANDERA.SAS These services will allow you to create your own videos, texts, audios and in general audiovisual content for personal or commercial use . The templates and other tools used to create their content are the exclusive property of BANDERA SAS and of third parties with commercial relationships with BANDERA.SAS and must not be used or duplicated under any circumstances other than those described in this Agreement.

 

The property of Bandera SAS:


All the images, illustrations, photographs, videos, texts and general information that have been published on this website, as well as the materials and services available on the Website, and all the materials and services provided by BANDERA SAS, its affiliates, employees, licensees, or other business partners, including but not limited to software, all informational text, software documentation, look and feel design, layout, graphics, audio, video, feature layout, files, documents, images, or other materials From now on, "Bandera SAS property content" is the property of BANDERA SAS and third parties that have licensed their material or provided services to Bandera SAS, and are protected by global intellectual property rights, registered trademarks, trade secret and intellectual property laws. Any use without the express authorization of BANDERA SAS is prohibited, the user accepts that they are responsible for ALL the contents of their shipments or communications through the Website, including the content of image, video, musical content and texts that they deliver to BANDERA SAS with the aim of creating their contents from them (collectively, "Submissions"). This means that if a user does not have copyright of the contents of their submissions, they are responsible for all legal and financial consequences of the use of content in their SUBMISSIONS. The sending by the user implies the express and unreserved authorization of the user for the publication of the content sent by him.

 

A user of this website is prohibited from publishing, disseminating, distributing, as well as referring to content that is contrary to morality or public order, such as illegal, obscene, pornographic, abusive, defamatory, misleading, racist content, and all the expressly prohibited by law in Colombia and in the world. You are also prohibited from insulting, harassing, threatening or otherwise infringing on third parties or their rights. It is also prohibited to introduce any kind of computer virus, defective files or computer programs that may cause damage or unauthorized alterations to the services, content, programs or systems. You are also prohibited from collecting information about third parties, including their email addresses, without their consent. You are also prohibited from sending bulk and / or repetitive emails through the website, or providing email addresses of third parties. You are also prohibited from attempting to gain unauthorized access to the services or content, to computer systems or to networks connected to them, by any means. You are also prohibited from interfering with the use or enjoyment of the services or content by other users. Likewise, any technical or technological resources by virtue of which a third party may benefit, directly or indirectly, from the contents of this website, or from the effort carried out for its operation, are prohibited.

 

Subject to this Agreement, BANDERA SAS grants you a non-exclusive license to use the Materials. Any user will recognize that the services, templates and other tools and features provided through this website are the property of BANDERA SAS and third parties with agreements with BANDERA SAS and its associates, and have copyright and trademark rights.

 

BANDERA SAS Allows you a non-exclusive license to use and display your content created with materials and tools provided by BANDERA SAS You agree that you will not modify, alter, reverse engineer or exploit in any way the materials or tools provided by BANDERA SAS

 

If you do not respect this agreement, you will be prohibited from using our tools and materials and you will be forced to immediately destroy any material found in your possession without the explicit permission of BANDERA SAS and you will also be obliged to pay the corresponding compensation derived from the misuse of this site and the breach of this agreement. Your license is NOT exclusive, so you are prohibited from making a trademark registration of content that you have acquired on this website or that you have created using content acquired on this website or on any website owned by BANDERA SAS

 

Third Party Contents:


All images, illustrations, photographs, videos, texts and information in general, provided by third parties to be published on this website, from now on "third party content", are protected by intellectual property rights in Colombia and in the world, BANDERA SAS only publishes them with the permission of each author and with the mere interest of informing users. Any use without the express authorization of the Author of each content is prohibited.

 

Purchase of Products:


When purchasing a Product or service that contains Content owned by Bandera SAS, the buyer user acquires a license to use that Product provided by BANDERA SAS. The material provided with these terms is licensed and not sold. Once your order is accepted, and the buyer user pays the fee, the buyer user acquires a non-exclusive license to use the Product in accordance with these terms and conditions of use.

 

The buyer user is purchasing the service by means of which the rights to use, copy, perform, distribute and display the material are granted through a license. You will not use materials on this site for illegal or immoral purposes, including but not limited to unauthorized or illegal advertising or promotional materials such as spam, chain letters, or pyramid schemes.

 

When you buy a Product or Service that is declared by Bandera SAS as a product or service without Content owned by Bandera SAS, the buyer user is buying the good in its entirety, which will become 100% owned.

 

You cannot cancel an order once the order has been shipped. By making any payment, you acknowledge and confirm your knowledge of this document and all documents published on this site and its legal and financial consequences.

You agree to all of the following:

 

-. It will ensure that the email address provided by you to BANDERA SAS through this site is valid at all times and will keep your contact information accurate and up to date.

 

-. You will not use the services or materials for illegal purposes or to carry out any illegal activity, including but not limited to fraud, embezzlement, money laundering, or insider trading.

-. You will not use the services or materials to impersonate another person.

-. You may not upload, post, email, transmit or make available or initiate any content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or materials or that may affect the ability of any user of BANDERA SAS to access the services.

-. You will not access the Services through automated methods.

-. You cannot upload individual files larger than 25MB.

-. You will not attempt or have access to the services or materials by any means other than through the interfaces provided by BANDERA SAS

-. You will not create audiovisual material that is pornographic, sexually explicit or violent, illegal (including stolen copyrighted material and material that infringes or may infringe the intellectual property rights of another), that may reasonably cause harm, or that could be reasonably considered as defamatory or libelous or infringing on another person's privacy.

 

Violation of any of these policies may result in tracking user information with such stored information to identify the offending user. Infringing users may be permanently restricted from using the Services. If BANDERA SAS reasonably determines that a user uses the services and products of any website owned by BANDERA SAS for illegal or fraudulent activities, the law enforcement officials in the corresponding jurisdictions will be informed.

 

Site Availability:


www.tiendabandera.com will generally be available 24 hours a day, seven days a week and 365 days a year.

BANDERA SAS reserves the right to totally or partially modify this website, its design, content and / or services, as well as this document. Likewise, it may, at its absolute discretion, and for any reason, and at any time, with or without prior notice, interrupt or suspend access to all or part of the Site, and / or alter, interrupt or suspend the provision of services. in whole or in part of the content and / or services available at www.tiendabandera.com respecting the commitments already acquired with the respective users who have already processed their participation in compliance with the rules and conditions described on this website.

All users accept that BANDERA SAS will not be responsible for any loss that may be suffered as a result of said interruption, suspension or alteration.

 

Rates:


BANDERA SAS will establish at its sole discretion the prices and rates of products and services offered on this website. All user payments on www.tiendabandera.com are being processed by third party payment processors, which may have Terms of Use other than those described in this Agreement. We encourage users to consider this information when leaving this website and to read the Terms of Use for each and every website that collects personally identifiable information. All payments on www.tiendabandera.com are processed in US dollars, which is the currency of the United States of America. The buyer user is responsible for all costs of converting their preferred currency to the US dollar.

 

Age and identity restriction:


BANDERA SAS services are mainly dedicated to adult users and underage children in their respective jurisdiction should not use our services. BANDERA SAS will immediately cancel any service or product if you use a false name, provide false personal information or use an email address owned by a third party that you do not know.

 

Notices to parents and guardians:


Parents, representatives or legal guardians will be responsible for the access and use that their minor or protected children make of this website, for which they are recommended to supervise or take the appropriate precautions (rules of time of use of the computer, location of the computer in common area of ​​the house, etc.) while browsing children or guardians on this website.

 

Disclaimer and Limitations of Liability:


BANDERA SAS will not be responsible for the correct sending of comments and other communications or content by the user, nor that they are received in full, nor does it guarantee the absence of interference by third parties in said communications.

BANDERA SAS will not be responsible for the damages that the access and use of the website may cause to the user, including damages due to loss of data or profits, as well as damages related to the delay or inability to use the service (due, by For example, network outages or temporary power outages). The Author does not guarantee that the service or the server is free of viruses or other harmful components.

BANDERA SAS IS NOT LIABLE IN ANY CASE with respect to any damage resulting from displaying, copying or downloading the materials, services or tools found on the website. If you do not comply with the terms and conditions of this document, BANDERA SAS may initiate the pertinent legal actions. BANDERA SAS will not be responsible for failures and / or damages arising from the incompatibility of the services or contents of this website with other services, contents or computer programs used by the user. BANDERA SAS does not guarantee the suitability, reliability, availability, timeliness and accuracy of the services or content.

 

Applicable law and jurisdiction:


The provisions contained in this document will be governed by Colombian law. Unless expressly prohibited by law, for the resolution of all litigious issues arising from the use of the website, the user agrees to submit to the jurisdiction and jurisdiction of the Judges and Courts of Colombia.

 

Newsletter:


If a registered user subscribes to our newsletter, they acknowledge and agree that BANDERA SAS will send them news, notifications or any other marketing material by email. The user will have the option to unsubscribe from the newsletter at any time. BANDERA SAS reserves the right to discontinue the newsletter.

 

More information:


If you have any questions about these Terms and conditions of use, purchase and sale, you can contact us by sending an email to tiendadecontenidos@banderaonline.org. By using the website in any way, you are accepting voluntarily, prior, explicit, informed and unequivocal these terms and conditions as well as any other legal notice, condition or guide published on this website that may be updated without prior notice.

 

These Terms and conditions of use, purchase and sale govern from their publication and are understood to be in force throughout the term of the relationship between each user and BANDERA SAS. They are also governed by the laws of the Republic of Colombia.

The last update of this document was made on October 23, 2018.