TERMS AND CONDITIONS
The following general conditions (hereinafter the “General Conditions”) regulate the use of the web site (hereinafter the “Site”) that GALERIA DUQUE ARANGO (hereinafter “The Company”) makes freely available to Internet users. The essential purpose of the site is to present the Company’s products to the User and to offer a series of related services, in order to provide greater well-being and satisfaction to consumers.
The entry and/or direct, indirect or assisted use of the site attributes the condition of user (hereinafter the “User”) and expresses the full and unreserved acceptance by the User of each and every one of the General Conditions in the version published by the Company on the site.
The Company, at any time and without prior notice, may: (i) change; (ii) modify; (iii) add to or (iv) delete, part or all of the General Conditions. Therefore, it is the responsibility of the User, when entering the site, to review the General Conditions and keep abreast of changes and modifications introduced. The use by the User of the services or information contained in the site, means that the User has accepted the modifications, changes, additions or deletions of the General Conditions.
B) APPLICABLE LAW AND JURISDICTION
The General Conditions that regulate the use of the site are governed by the Laws of the Republic of Colombia. Any dispute or conflict that may arise between the User and the Company, due to the access and/or use of the site and the services provided therein, shall be brought before the judges of the Republic of Colombia and shall be resolved in accordance with the Laws of the Republic of Colombia without having the effect of conflict with other laws of other countries or your current state of residence. If, for any reason, the court of competent jurisdiction deems any clause or part of the general conditions unenforceable, the rest of the general conditions shall continue to apply in full effect. The Company declares that the materials and services available on the site are appropriate for use within the Republic of Colombia and countries with express authorization to enter. The use of the site and the use of the services provided through the same, from places other than the Republic of Colombia or countries with express authorization where the content of the site is illegal, is absolutely prohibited. Users who access the site from locations outside the jurisdiction of the Republic of Colombia do so at their own risk and are fully and personally responsible for compliance with the laws governing the place from which they access and/or use the services of the site.
C) PROCESSING OF PERSONAL INFORMATION
The user who contacts through or visits this website accepts the following terms and conditions regarding the treatment of personal information.
This paragraph is complemented by the text of our Personal Data Protection Policy, contained in this website, for the treatment of personal information. The Company will adhere to the Personal Data Protection Policy.
The user to access the website shall not provide any data or information, however, if the user intends to register on the website, the user must provide personal information to the Company, whose personal information will be stored in the database of the Company, in accordance with the Personal Data Protection Policy. Once the User provides his/her personal information, it means consent in the treatment of the same by The Company. The information will be used by the Company, for the purposes established at the time of registration on the website, use that will be duly informed prior to the provision of information by the User and in general for the following:
1) For the sending by the Company, to the notification locations chosen by the user, of commercial information related to the Company’s brands, such as but not limited to new product launches, promotions, contests and events.
2) For The Company to contact the user by any means, to: Measure the Company’s level of service, conduct surveys regarding the Company, the brand or its products and/or services.
3) For the shipment of products purchased by the user.
4) For the solution of PQR.
The Company will only use the personal information that users voluntarily and knowingly provide, for the conformation of its databases on the Users of its site, for the knowledge and attention of its customers, and for its marketing activities in general.
Once you provide your personal information, the Company will use it to improve its advertising, marketing and promotional efforts; for statistical uses and analysis of site usage; and to improve the features and content of the site. Personal information will also be used to send you messages and content that are of specific interest to you, based on our understanding of such personal information provided by you, such as new products and services, product and service features, surveys, online shopping opportunities, promotions and contests, and links to other sites. This information may be sent by The Company and therefore refer to its products, or by other companies, carefully selected by The Company, which will send information about their own products, provided that there is prior authorization from the user.
Users who wish to stop receiving information from The Company may so inform The Company, which will proceed to exclude such user from its contact list, and will refrain from sending information thereafter.
The Company endeavors with the best legal means at its disposal, that third parties that by virtue of the services they provide to the Company related to its web page, such as the design, administration and updating of the site, have access to the information provided by users, treat it with the same reserve and confidentiality with which the Company uses it.
The Company uses all reasonable means at its disposal to prevent that at the time of registration of information and transmission of data by the User, third parties not involved with the site and/or the Company have access to the User’s information. Personal information collected on the site is stored in secure operating environments not available to the public.
The information provided by the User through the site may be transferred to third parties other than the User, the Company or companies related to the Company (parent, subordinate, etc.), in any of the following cases:
- When the User’s express consent has been obtained for his or her information to be transferred, transferred, given or sold.
- When the information must be delivered to suppliers or companies that provide services to the Company, in order to deliver a product or service requested by the User, in which case the User expressly authorizes the delivery of their information solely for the purposes of such purposes.
- When the information is required by competent administrative or judicial authorities.
The Company will only use the personal information that the User voluntarily and knowingly provides, for the knowledge and attention of its customers, for its marketing activities in general, to improve its advertising, marketing and promotional efforts; for statistical uses and analysis on the use of the site and to improve the features and contents of the site. Personal information will also be used to send you messages and content that are of specific interest to you, based on our understanding of such personal information provided by you, such as new products and services, features of products and services, surveys, online shopping opportunities, promotions and contests, and links to other Sites. This information may be sent by The Company and therefore refer to its products, or by other companies, carefully selected by The Company, which will send information about their own products, provided that there is prior authorization from the user.
The information provided by the User will be treated in accordance with Law 1582 of 2012, Regulatory Decree No.1377 of 2013, and the Company’s Personal Data Protection Policy.
D) PROVISIONS FOR MINORS OR AN INCOMPETENT PERSON
If the User is a minor or incapacitated, the use of the site must be accompanied by the acceptance of the Terms and Conditions by his or her Legal Representative, whether parents, guardians or curators, as the case may be. Only until the minor or whoever is limited in his or her capacity of exercise obtains such acceptance, it is understood that the User is making valid use of the site. If the underage or incapacitated User does not obtain such acceptance, he/she is not entitled to use the site. It is understood that the parents, guardians or curators, as the case may be, have granted the aforementioned authorization for the sole use of the Pages by the minor.
The personal information provided by the Legal Representative of the minor or incapacitated, will be treated in accordance with the law 1582 of 2012, regulatory decree No.1377 of 2013, and the Personal Data Protection Policy of The Company.
Minors under 18 years of age or incapable persons should not enter or use the services provided by the site without the prior consent of their Legal Representative. Users under 18 years of age or incapable may not register on their own to access the services provided by the site, but only with the consent of their parents, guardians or curators, as the case may be.
The Company declares, in accordance with the provisions of the Code of Minors or applicable laws, that the purpose of the site is not to harm the morals, physical or mental health of minors or incapacitated persons or to obtain confidential and intimate information from the User for the purpose of using it against them. The parents, guardians or curators of the underage or incapable User are fully responsible for the use that the underage or incapable User makes of the site.
E) INTELLECTUAL PROPERTY
The Company maintains the site for purchase of products and services. The trademarks, commercial names, signs, graphics, drawings, designs, illustrations, software, music, sound, photographs, videos, as well as the contents, are protected in favor of the Company under the rules of Intellectual Property or have license or authorization for its use. The material contained herein is for personal, non-commercial use only and may not be modified, reproduced, published or distributed.
If any violation of intellectual property rights occurs due to the User, the User shall be fully and completely liable for any foreseeable or unforeseeable damages arising directly or indirectly from its conduct vis-à-vis the Company or third parties.
The ideas, opinions, suggestions and comments sent spontaneously and without prior request, by users to the Company, regarding products, services or marketing plans, or of any other type, will be freely used by the Company if it deems it convenient, for the development of new products, investments, business or marketing plans. The foregoing, under the understanding that such communications are not confidential and are not protected by the rules of Intellectual Property and therefore, the user sender of such information, may not claim any compensation or participation by virtue of the legitimate commercial use that the Company gives to it.
If the information is protected by the rules of Intellectual Property, its spontaneous communication to the Company shall be understood as a total and irrevocable waiver of the rights and economic privileges and the transfer of the same to the Company.
In any case, that is, whether the information provided is protected or not, it will become and remain the property of The Company, which means that The Company will not treat this information as confidential; that the user sending the information will not be able to claim judicially or extrajudicially for the use of such information; and that such user will not be entitled to any payment by virtue of the use of the information thus provided.
F) OBLIGATIONS OF THE USER
In addition to the obligations set out in the above General Conditions, the User undertakes to use the site in accordance with the law, the General Conditions, as well as with morality, generally accepted good customs and public order. Likewise, the User undertakes not to use the site for illicit purposes or effects, contrary to the provisions of these General Conditions, harmful to the rights and interests of third parties, or in any way damage, disable, overload or impair the site or prevent the normal use or enjoyment of the site by Users.
The User also undertakes to use the materials and information provided by the site (hereinafter the “Materials”) in a diligent, correct and lawful manner and, in particular, undertakes to refrain from (a) use the Materials in a manner, for purposes or with effects contrary to law, morality, generally accepted good customs or public order; (b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Materials, unless authorized by the owner of the corresponding rights or it is legally permitted; (c) delete, circumvent or manipulate the intellectual property rights and other data identifying the rights of the Company or its owners incorporated in the Materials; (d) use the Materials and, in particular, information of any kind obtained through the site to send advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages addressed to a number of persons regardless of their purpose, as well as to refrain from marketing or disclosing such information in any way.
G) USER RESPONSIBILITY
In addition to the responsibilities assumed by the User in accordance with these General Conditions, the User shall be liable for damages of any nature that the Company may suffer, directly or indirectly, as a result of a breach of any of the obligations arising from the General Conditions or the law in connection with the use of the site.
The Company does not guarantee the availability and continuity of the operation of the Site, nor of any of the services offered on the Pages. The Company also does not guarantee the usefulness of the site for the performance of any particular activity, nor its infallibility and, in particular, but not exclusively, that Users will be able to effectively use the site.
The Company shall not be responsible for the availability or content of other Web sites (links) that may appear within the Site, or for any modifications made to such sites or for the privacy guarantees offered or the practices or policies of such sites. The fact that such sites appear within the site does not indicate any approval, endorsement, warranty or guarantee by the Company of the services, procedures or material contained therein. The Company shall not be liable, directly or indirectly, for damages or losses caused or alleged to be caused by or in connection with the information or procedures, or by the use of the services provided by such sites.
The Company does not control or guarantee the absence of viruses or other elements within the site that may cause alterations in the computer system (software and hardware) or in the User’s documents. Therefore, in no event shall the Company be liable for damages, foreseeable or unforeseeable, caused directly or indirectly to the User, which are related to viruses that may appear on the site.
I) USE OF IMAGES
The use of a photograph and/or image in the user’s profile is optional. The Company will at no time require a photograph and/or image to be uploaded to the website in order to permit use of the website. By uploading the photograph and/or image in the profile, the user understands and consents that it may be seen by all users of the portal and be a search result of the different web search engines, without this fact being understood that the Company is making improper use of it. Likewise, the user guarantees to The Company that the photograph and/or image is of his/her authorship or property and that he/she has the rights over it and over its uploading to the website.
The Company will at no time filter or review the content uploaded by the user, and the user is solely responsible for what is uploaded and published on the website. However, The Company may remove such photograph and/or image if it could be detrimental to the delinquency, honor, good faith and ethics of other Users or The Company.
The Company reserves the right, without liability on its part, to terminate the User’s use of the Site without notice.
WHAT ARE AND WHAT ARE NOT COOKIES?
Cookies/browsing data are small information files sent by a web portal or application and stored in the user’s browser. Through cookies, both own and third party, websites remember information about the visit of users, their activity on the site and their browsing preferences.
On the other hand, Cookies are not a virus or any other type of malicious program or malware that can damage users’ devices. Additionally, as implicit characteristics of Cookies is the fact that they do not have the ability to delete or read information from the user’s device and have an expiration date that is set according to the website that the user visits.
HOW ARE COOKIES OBTAINED?
Cookies are created and/or updated on the user’s device automatically when the user accesses the website, which allows the company or third parties it hires to track the user’s Cookies and, therefore, the information that these Cookies contain or obtain from the user. It is important to clarify that Cookies are only read by the website that created them.
WHAT KIND OF COOKIES ARE USED AND WHAT DOES THE COMPANY USE THEM FOR?
By accepting this policy, you agree to the purposes set forth below:
- Essential and Mandatory Cookies. – Indispensable for the functioning of the website, these Cookies are essential for use, in the sense of facilitating the registration process on the website, as well as allowing users faster and safer access to selected services within the website. Without the acceptance of these the website will lose functionality that is necessary, so if the user wishes to access must always accept the use of this type of Cookies.
- 2. Functional Cookies. – Facilitates the use through the use of the website, it is possible for the company or the third party that this contract, customize the services offered on the website, providing each user information that is or may be of interest, in attention to the use made of the services and the specific pages you visit within the website. Through these Cookies, the company or the third parties it hires, will be able to offer users a better experience and better performance in navigation within the website.
- Advertising Cookies. – Offering products or services of the company or the third party that it hires, through the use of these Cookies, may deliver to the user advertising that it considers that may be of interest, according to the preferences and behaviors that the user has or has had within the company’s website. Through these Cookies, it will be possible to optimize the advertising that the user sees on the site. Advertising Cookies may be given to external advertisers to be used by them for their marketing and advertising campaigns.
- Analytics or Performance Cookies. – Analysis of your preferences. Through analysis or performance Cookies, the company or the third party it hires, can perform different analyses and studies of the information collected, in order to improve the products and services that the company offers to users.
The user can disable both the installation of Cookies and the use of these by the company.
If a User does not want his or her personal information to be collected through Cookies, he or she can change the preferences in his or her own web browser. Users should consult their web browser for instructions on how to change their Cookie settings. However, it is important to note that if a web browser does not accept Cookies, some of the functionality of the website or linked sites may not be available or may not function properly.
Additionally, there are other third-party tools available online that allow users to detect Cookies on each website they visit and manage their deactivation.
WHAT HAPPENS IF COOKIES ARE DISABLED?
- To be able to access the website without having to enter your username and password each time, this will save you time and allow you to use features such as newsletters, alerts, saved news, comments, among others.
- Correct display of content and advertising
- Security in the use of the information entered on the website.
- Increased speed in the use of any service within the website.
DOES THE COMPANY SHARE INFORMATION OBTAINED THROUGH COOKIES WITH THIRD PARTIES?
The company may share information obtained through Cookies with external persons or third parties (partners, customers, suppliers or related companies), in order to improve usability and services to the user.
Likewise, the information received through Cookies will be used by the company and the third parties mentioned, for the purposes described in this document, those indicated in our Personal Data Protection Policy and any of its updates.
WHERE IS THE INFORMATION OBTAINED THROUGH COOKIES STORED?
The company may hire third parties in charge of storing and obtaining the information through the Cookies, or that include Cookies within the web site, persons that may be located within Colombia or abroad.
Likewise, it may provide third parties with the information obtained from cookies to create user profiles, offer personalized campaigns, without this implying the provision of personal information.
Therefore, we recommend that users review the date of preparation or updating of these documents, which is established at the end of this document.
The last revision of this Policy was August 29, 2023, from which date it is applicable.