PLATFORM TERMS AND CONDITIONS OF USE
INTRADECON
GENERAL ASPECTS
INFORMATION
Intradecon SAS - BIC is a company incorporated under Colombian law, with its registered office in Bogotá, D.C., which for the purposes of these terms will be referred to as THE OPERATOR.
LEGAL NATURE
These terms and conditions of use govern the commercial contractual relationship between consumers who access the virtual platform and the operator, specifically regarding the authorization of use granted by the latter to the former.
DEFINITIONS
Similar data messages: Information generated, sent, received, stored, or communicated by electronic, optical, or other means, such as, among others, Electronic Data Interchange (EDI), the Internet, email, telegram, telex, or fax (Law 527 of 1999, Art. 2, lit. a).
Electronic Commerce: This includes the sending, transmission, reception, and storage of data messages electronically. Any doubts regarding the effectiveness and validity of data messages and other activities related to electronic commerce shall be interpreted in accordance with Law 527 of 1999.
Cookies: Text strings sent virtually and stored by the Operator through the Platform for the purpose of tracking user activities and preferences.
Consumers: Any legal or natural person who, as the end user, uses the Platform to request a paid service, the purpose of which is to enter into a sales contract or any other type of lawful contract, in order to acquire goods or services.
Platform Operator: Responsible for the operational and functional management of the Platform, represented for the purposes of these terms by Intradecon, or by the natural or legal person it designates.
Personal Data: All information that allows for the identification or identifiability of a natural person.
Platform Interaction: Consumers have the ability to access and view the products and services offered by the OPERATOR, the advertising available on the Platform, and to express their intention to place an order.
Legal Age: A natural person over eighteen (18) years of age.
Text Messages (SMS): All communications and/or notifications sent by Intradecon via text message (SMS) will be sent from the assigned number. Intradecon may also contact the user through other channels such as WhatsApp and any other means of accessing the user, provided the user has shared this information with Intradecon with their prior authorization. Intradecon will only be responsible for communications and/or notifications sent from this number and/or any additional channels established for this purpose. Intradecon is not liable to the user or third parties for messages and communications sent from channels that Intradecon does not recognize as its own.
Payment Gateway: A service that allows consumers to make payments directly to the operator electronically using technological platforms (software).
The Platform: A web and mobile application managed by the operator, which allows consumers to request service through agency agreements.
Advertising: Any form of communication by the operator to provide information about products, business activities, and to communicate advertising or marketing strategies or campaigns, whether its own or those of third parties. This is done as a reference mechanism and not as a public offer.
Product or Service: A consumer good displayed through the platform.
Pop-Ups: A window or internet notification that automatically appears at any time while using the platform, especially for contract formalization.
Terms and Conditions of Use of the Platform: These are the terms that govern consumers' use of the platform.
SUBJECT
These terms and conditions govern the authorization granted by the operator to consumers to access the virtual platform, learn about the consumer products displayed, use them as a reference, and request order processing.
The operator, through the platform, performs the following actions: i) displays various consumer products and services in an advertising format to serve as a reference for consumers, ii) enables the use of the payment platform, and iii) serves as a means of communication between consumers and the operator.
TECHNOLOGICAL PLATFORM THAT ENABLES ITS USE
This platform allows free use through various means, namely: i) the website: www.intradecon.com and ii) an application that can be downloaded to mobile devices through the Apple (App Store) and Google (Google Play) app stores, which, for the purposes of these terms, will be collectively referred to as "The Platform." Consumers may use the Platform exclusively for their personal use, without this implying the granting of any type of license to the platform's technology.
MODIFICATION
The operator may autonomously modify these Terms and Conditions of use of the platform at any time, whether formal, procedural, or substantive. These modifications will be updated and made available to consumers on the platform, with the latest published version governing the commercial relationships generated at the time of the transaction. The operator also has full autonomy to modify the permitted uses of the platform for consumers, with the sole obligation of informing them through a virtual medium that allows for its publication and communication to the public.
SERVICE DETAILS
CONSUMER
Any legal entity or individual who, as the end user, uses the platform to request a mandate, the purpose of which is to enter into a sales contract or any other type of lawful contract, in order to acquire goods or services.
The consumer uses the platform as a legally competent individual, declaring that they possess full legal capacity to enter into contracts and assume rights and obligations, a capacity they confirm upon registration.
The consumer is required to: 1) provide an original national identity document (National Identity Card/Foreigner's Identity Card/Passport/Tax Identification Number) issued by the National Civil Registry of Colombia or by the competent authority in their country of origin; and 2) provide their Tax Identification Number (RUT) if they are a legal entity.
USER ACCOUNT
Consumers use the products displayed on the platform as a reference for placing purchase orders. Creating a User Account is a necessary condition for doing so, and requires information such as name, telephone number, address, email address, and identification document. This information is used for the full identification of individuals intending to place an order and thus purchase products, for compliance with these terms and conditions, for fraud prevention, to link the consumer to the account, and generally for the penalties defined in the section on information management.
In addition to the mandatory and optional information required when creating an account, consumers may voluntarily provide further personal information when creating their profile on the platform.
Account use is personal and non-transferable. Therefore, consumers are not authorized to share their login credentials or account access with any third party. Failure to comply with the above will result in the suspension and permanent blocking of the account (including email address and personal identification number). In case of forgotten or compromised login credentials, the Consumer is obligated to inform the operator through the "Forgot your password?" option or by sending an email to juridica@intradecon.com.
User accounts will be managed by the operator or their designee, who has full authority to maintain or terminate the account if the information provided by the Consumer is not truthful, complete, or secure, or if the Consumer fails to comply with their obligations. The operator will never request information from the Consumer that is not necessary to facilitate payment. Therefore, debit or credit card information will only be requested at the time of online payment if that is the Consumer's preferred payment method.
By creating a User Account, Consumers are expressly and unequivocally agreeing to these Terms and Conditions of use of the platform.
Paragraph. By accepting these Terms, the Consumer expressly authorizes the operator to use Cookies in all activities related to their use of the platform.
CAPACITY
By virtue of the legal capacity requirements established in the Colombian Civil Code and the validity of the expression of will through electronic means established in Law 527 of 1999, Consumers, upon creating a User Account, expressly declare that they have the capacity to enter into the types of transactions that can be carried out using the Platform; and based on the provisions of Law 1098 of 2006 of the Republic of Colombia, minors have the capacity to enter into these types of transactions; however, the operator must: i) Exclude from the information system the data of minors who have used the Platform; ii) Report to the authorities any situation of which it becomes aware that endangers the well-being of a minor; iii) Inform minors interested in purchasing products through the platform using electronic payment methods that they must carry out the electronic financial transaction through their parents or legal guardians, after the latter have registered on the platform. (iv) When selecting products with restricted or prohibited sales to minors, consumers must be informed of their age and expressly confirm it.
PRODUCT AND SERVICE DESCRIPTION
The services offered by the operator include International Triangulation, Customs Brokerage, Global Transportation, International Currency Exchange, and Free Trade Zone Warehousing. All services have a general description. This description is provided by the operator based on legal display practices, which may vary depending on the device the consumer uses to view the service description.
If, due to technological errors, incorrect service prices are displayed on the platform that are clearly disproportionate compared to the market price, the operator may cancel any orders placed for services at those prices, at its sole discretion and with full autonomy.
The operator reserves the right to update, modify, and/or discontinue the services displayed on the platform.
The operator displays services through the platform, but may also make products available to consumers for their general information. This communication of services and products serves as a reference for consumers when placing a purchase order, using the platform as a means to request the management of such an order.
To request the management of a purchase order, consumers must be fully identified in their User Account and follow the procedure below:
Access the platform, specifying the address to determine the products available in that area.
Select the delivery location: The consumer must provide the exact address where the selected product(s) will be delivered. This address must be within the delivery coverage area; if it is not within this area, the transaction cannot be completed.
Select the product: Once selected, the consumer is provided with the product's characteristics and total price through photographs and reference notes, allowing for complete product identification and detailed analysis.
Product Validation: After completing the previous step, the operator must display a summary of the product to the consumer, including its general characteristics such as the brand and the available packaging. This allows the consumer to validate and confirm the information and the selected product.
Adding the Product to the Shopping Cart: Adding the product to the cart signifies the consumer's unequivocal intention to place an order to purchase a specific product, having been sufficiently informed of its characteristics and having the option to purchase it or not. The operator has full discretion to limit the number of products added to the shopping cart.
Price: Once the previous steps have been completed, the consumer is shown the total cost for processing the requested order, which consists of purchasing the selected products. This price includes: i) shipping costs; ii) the total amount to be refunded for processing the order, broken down individually and collectively for all products included in the order. The refund amount corresponds to the total value of the products purchased, including transaction costs and taxes.
Intradecon incorporates logistical transportation costs from production centers to the warehouse when setting product prices and reserves the right to increase them.
Paragraph: The consumer acknowledges that some products displayed on the platform may not have the same value as those offered by competitors. Intradecon reserves the right to set prices different from those of other online platforms. By placing and accepting an order, the consumer acknowledges and agrees to pay the price set by the operator.
Payment Method: The consumer must select their preferred payment method, with options including cash on delivery (i) or electronic payment via the selected platforms available in the application, or through a credit line previously authorized by the operator.
Registration: The user (consumer) must create a personal account where personal data will be stored to identify them, but not to identify them individually. Payment information will also be stored if the consumer chooses to pay by credit card.
Summary and Email: Once the above steps are completed, a detailed summary of the transactions will be displayed to the consumer via a pop-up window. This summary will be sent to the consumer via email with this information in detail.
Order Summary: In all cases, whether payment is made in cash or through the payment gateway, the consumer will receive an email summarizing their order, including transaction details.
Delivery: Once all transaction details and product delivery coverage have been verified, the purchased products will be delivered to the address provided within the timeframe defined at the end of the transaction. If delivery cannot be completed due to reasons attributable to the consumer, the operator must document this fact.
CONSUMER OBLIGATIONS
By accepting these terms, the consumer agrees to: (1) Provide truthful and accurate information when creating their User Account; (2) Refrain from transferring their login credentials (username and password) to third parties; (3) Refrain from using the Platform to perform acts contrary to morality, the law, public order and good customs against the operator, or third parties; (4) Pay the operator the economic consideration defined in the contract in a timely manner; (5) Immediately inform the operator in case of forgetting or usurpation of the validation data; (6) Refrain from carrying out conduct that threatens the operation of the platform; (7) Refrain from impersonating other Consumers; (8) Refrain from deciphering, decompiling or disassembling any element of the platform or any of its parts; (9) Enable the use of pop-up windows during operation; (10) In general, all actions necessary for the execution of the legal transaction, such as i) receiving the requested products, ii) presenting identification in the case of sales of restricted-use products, iii) verifying at the time of validation that the selected products correspond to those needed, and iv) learning about the instructions for use and consumption of the products.
OPERATOR'S OBLIGATIONS
Under these terms, the Operator is obligated to: (1) Provide accurate, reliable, sufficient, clear, and up-to-date information regarding the products displayed; (2) Indicate the general characteristics of the product for reference to Consumers, specifically the brand and presentation; (3) Provide sufficient information about the available payment methods; (4) Send an order summary and transaction confirmation to the email address provided by the consumer; and (6) Make the updated terms and conditions of use of the Platform available to consumers. (7) Use the information only for the fines established in these terms.
PLATFORM OPERATION
The operator manages the platform directly or through third parties. All information communicated therein is accurate and up-to-date. The operator will not be liable for any direct or indirect damages suffered by the consumer due to the use of, or inability to use, the platform.
The platform is available 24 hours a day for access and consultation. For transactions, the platform is available from Monday to Saturday (excluding holidays). The operator makes every effort to maintain the platform's operation, but in no case guarantees its permanent availability and continuity.
The operator reserves the right to cancel user accounts and/or prohibit access to the platform for consumers who engage in conduct that violates these terms.
E-COMMERCE
In compliance with Colombian regulations on data messages, as per Law 527 of 1999, it is hereby stated that national legislation recognizes the validity of data messages, and therefore they acquire evidentiary value. Consequently, consumers understand that through the exchange of data messages, the parties involved may create, modify, and extinguish obligations, their sole recourse being the content, consequences, responsibilities, and effects of the information generated.
The commercial transaction that arises through this medium between consumers and the operator constitutes a legally binding contract executed electronically. This contract is described in the pop-up window that the consumer accepts at the time of entering into the transaction. At no time is a different contractual relationship established, such as supply, distribution, or similar agreements.
INFORMATION MANAGEMENT
The information collected by the operator for the order request is provided freely and voluntarily by consumers. This information is then managed by the operator or by whomever the operator designates for the fulfillment of the agreed-upon obligations, which implies its collection. Storage on the operator's or third-party servers or repositories; circulation of said data within the operator's organization; communication to consumers of commercial, advertising, and marketing information related to its business activity.
Likewise, the collected data will be analyzed to improve the website's business strategy, supported by business intelligence and data mining tools, which will allow for the acquisition of prospective knowledge for prediction, classification, and segmentation purposes.
Consumers may exercise their right to access, update, modify, and delete their personal data held in the databases associated with the Platform. To do so, they must submit a request for consultation, complaint, or deletion to the email address juridica@intradecon.com, detailing the modifications to be made and providing the supporting documentation.
The operator is responsible for the processing of personal information collected through the website, a responsibility that may be delegated to a third party, acting as the data controller or processor, ensuring the proper handling of said information through a contractual agreement.
DOMICILE AND APPLICABLE LAW
These Terms and Conditions of Use of the Platform are governed by and construed within the territory of Colombia, in accordance with its general and sector-specific regulations. Their adoption implies the exercise of free will, and the relationship arising from this document shall be governed in all respects by its content and, failing that, by Colombian commercial law.
FINAL CONSIDERATIONS
CONTENT
Through the Platform, the operator may make commercial and advertising information available to consumers, whether its own or that of third parties, in accordance with good business practices. In these cases, the operator does not endorse, guarantee, or assume any responsibility for the services and/or products marketed by these third parties, as the platform serves as a communication and advertising channel, not as a service provider.
Consequently, access to the websites linked in the advertising is the sole responsibility of the consumers, who assume the obligation to verify and understand the terms of the services offered by third parties.
All information made available on the platform, such as images, advertising, names, trademarks, slogans, and other intellectual property, is legitimately used by the operator, either because it owns it, because it has authorization to make it available, or because it is empowered to do so by virtue of Decisions 351 of 1993 and 486 of 2000 of the Andean Community of Nations and Law 23 of 1982.
FULL ACCEPTANCE OF THE TERMS
The consumer expressly declares that they have the legal capacity to use the platform and to enter into commercial transactions. Likewise, they declare that they have provided real, truthful, and reliable information; therefore, they expressly and unequivocally declare that they have read, understand, and accept all the situations regulated in this document of Terms and Conditions of Use of the Platform, and thus commit to full compliance with the duties, obligations, actions, and omissions expressed herein.
In the event that consumers from other countries use the platform to request products and services in Colombia, they are fully subject to the provisions of these terms.