Terms and Conditions
Saint-Marie de Los Andes SpA (hereinafter the “Company”), has established the following Terms and Conditions (hereinafter, the “Terms”) of use of the website www.saint.zinormous.pk (“Site”) by our clients and users, registered or not (hereinafter, the “User” or “Users”). Consequently, all contracts and transactions made by a User on this Site, as well as their legal effects, will be governed by these Terms.
These Terms will remain available for consultation on the Site at all times, and will be valid indefinitely, without prejudice to the Company’s right to modify or terminate them at any time. Consequently, the User must periodically review these Terms, as they may be modified.
1. Use of the Site.
1.1. Any User who accesses the Site must always make proper and legitimate use of it, respecting the rules and instructions that regulate it, being prohibited from interfering with or affecting the interface provided, making unauthorized modifications, as well as accessing by any different method or carrying out any act, maneuver or conduct that involves affecting the Site.
1.2. Through the Site, Saint-Marie de Los Andes will offer brand products, which may be requested by the User. Any request for products offered on the Site will be subject to the condition precedent that Saint-Marie de Los Andes validates the transaction or request. Said validation by Saint-Marie de Los Andes is a requirement for the formation of consent.
1.3. Saint-Marie de Los Andes may modify, add or delete any information contained on the Site, including those related to products, prices, payment conditions, shipping, other conditions and offers, at any time and without prior notice, respecting product requests. already validated by Saint-Marie de Los Andes until that moment.
1.4. The acceptance of these Terms does not imply a waiver by the User of the rights they enjoy in accordance with current legislation, and in the event that they have any disagreement, they may also complain to the Company through the channels established in the Eleventh Clause, or in accordance with the provisions of current legislation.
2. Site Continuity.
2.1. The User understands and accepts that the Site may be affected by circumstances beyond the control of the Company that imply that it may not be operational for a certain period of time. In such cases, the Company will make its best efforts to restore it within a reasonable time.
2.2 Saint-Marie de Los Andes does not guarantee continuous, uninterrupted or secure access to the Site, so it may, for any reason, be unavailable at any time.
23. Saint-Marie de Los Andes will not be liable for interferences, interruptions, breakdowns in the telephone or Internet service or disconnections that may occur in the operational functioning of the Site; being authorized to temporarily suspend access to it for reasons of force majeure, unforeseen events, maintenance, urgent repair or other causes as the Company deems appropriate.
2.4. Saint-Marie de Los Andes may always suspend the Site or stop offering certain products on it, in the event of breaches by Users of their obligations in its use or conduct that opposes the conditions set out in these Terms.
3. Purchase on the Site.
3.1. The Site will inform you of the instructions that Users must follow to request the products offered by Saint-Marie de Los Andes on the Site. The Site is self-service, and it is the responsibility of the User to correctly follow the instructions for requesting products.
3.2. The product request will go through a User data validation process. Saint-Marie de Los Andes will send the User a written confirmation of the operation once validated. This confirmation (i) will be sent to the same electronic address that has been registered, or by any means of communication that guarantees due and timely knowledge of the User. The consent will be deemed to have been formed and the transaction will be deemed to be complete, from the moment this written confirmation is sent to the User.
3.3. To process the request, it will be a requirement that the User has accepted these Terms, by clicking on the respective element, and the entry of the User’s data that is required by the Site at the time of requesting the products.
3.4. All products offered on the Site are subject to stock availability at the time of the request by the User. In the event that any of the products included in the request are not available before or at the time of Dispatch, the Company will contact the User to offer: (i) the exchange of products out of stock; or (ii) the refund of the cost of products out of stock; or (iii) complete cancellation of the product order.
3.5. The offers and promotions published on the Site cannot be combined with other current offers.
4. Payment methods.
4.1. Users may make payment through:
4.1.1 Webpay System or Electronic Transfer in which case:
a) You must use one of the payment methods compatible with said systems. If the User pays by credit card in installments, the interest associated with the installments will depend exclusively on the banking or financial institution issuing the credit card.
b) Payment for the purchase will be collected through the Payment Method chosen by the User, and will only be deemed perfected if the procedure of the respective system is fully complied with, said payment having been validated and confirmed by the institution issuing the Payment Method. The Company will generate a purchase order receipt for the User’s support, which will be sent to their email.
c) All aspects related to the use of the payment system (Webpay or other) and the Payment Methods, including credit or debit cards, quota, issue date, validity, blocks and other services, will be delivered to the existing relationship between the User and the issuing institution of the respective Payment Method, without the Company having any responsibility.
d) It may occur in some cases that the payment cycle does not completely complete successfully, either due to User withdrawal, power outages, system abandonment, defective operation, failures of the User’s system or equipment, lack of response in the interconnection. or rejection of the selected Payment Method or other similar reasons. In such event, if there is a charge, it will be the exclusive responsibility of the User for the procedures, with the issuing institution of the respective Payment Method, aimed at the return or reversal of the charge in favor of the User.
5. Office.
5.1. The products purchased on the Site will be subject to the shipping and delivery conditions chosen by the User and available at the time of purchase. The information and accuracy of the shipping location is the exclusive responsibility of the User.
5.2. The dispatch of the products will be carried out through Correos de Chile. The dispatch period will be specified in each case. The value paid by users will include the value of the product plus shipping, which will be specified at the time of purchase.
5.3. To verify the purchase with dispatch mode, it will be the User’s obligation:
Enter a valid address to which the product can be delivered at any time during the enabled hours.
Ensure that a person of legal age at the informed address will be able to receive the product.
If the address entered is in a building or facility to which free access is not allowed, the product will be delivered to the doorman, concierge or person in charge of the building or facility.
Receipt of the product indicates compliance with the state of the product.
If there is no one to receive or if the address reported by the customer is wrong, the buyer will be in default of receiving by that fact alone and will be the one who must assume the costs of a reshipment.
If for any reason a product cannot be delivered at a certain time, Correos de Chile will make a second delivery at another time; If it is still not possible to deliver it, the product will be returned to the central warehouses of Saint-Marie de Los Andes. In this case, the customer may choose to pick up the product at the location indicated or pay an extra charge for delivery.
In the event of exercising the right to legal warranty of the product, the refund requested will be limited only to the value of the product, not including the costs for services already provided, such as shipping.
6. Exchanges and returns.
6.1. Saint-Marie de Los Andes does NOT adhere to the right of withdrawal, however the products purchased on the Site have a 3-month legal guarantee, which covers manufacturing failures or damages, in accordance with the provisions of Law No. 19,496. . The User may make use of his or her legal warranty right by presenting the purchase receipt within the first 10 business days after receiving the product.
In these situations, the User will have 2 alternatives:
Money back
Product change
6.2. The Company reserves the right not to accept the exchange or return of products whose damage, poor condition or incompleteness cannot be attributed to Saint-Marie de Los Andes.
7. Intellectual Property
7.1. All contents of the Site, including, but not limited to, the organization, graphics, design, photographs, compilation and system of the Site, as well as the brands and logos of Saint-Marie de Los Andes and any other intellectual or industrial property (in hereinafter, the “Intellectual Property”), are the property of the Company and are protected by Laws No. 17,336 and No. 19,309, and those that modify, replace or complement them.
7.2. The publication or transmission through the Site of Intellectual Property does not constitute or produce in any way a waiver of the rights and protection that Saint-Marie de Los Andes has with respect to Intellectual Property, nor does it grant the User a license to use on said Intellectual Property.
7.3. The copying, use or publication, in whole or in part, of the Intellectual Property is expressly prohibited. The Company reserves the right to take action, civilly and, or criminally, if its rights over Intellectual Property are affected.
7.4. The trademarks, copyrights and other registered legitimate rights of third parties that may be included in the Site have been duly authorized by said third parties. In any case, the Company reiterates that the ownership, use and exploitation of said third-party rights correspond to each of the owners, not claiming any rights over them.
7.5. The Company is expressly exempt from all responsibility for the uses that Users make of any content obtained from the Site, whether it is the Intellectual Property of Saint-Marie de Los Andes or the property of third parties.
8. Exemption from liability and compensation.
8.1. The Company will not be liable for any direct or indirect damage, loss or loss of information caused to the User, arising from or derived from: (i) inappropriate use of the Site, regardless of the way in which the misuse is configured; (ii) improper or bad faith use of the Site, whether made by the User or a third party; (iii) failure of the Internet connection or the User’s devices, hardware and software.
8.2. Under no circumstances will the Company be responsible for violations of the server on which the Site is located, for interception or loss of Personal Data or any other similar circumstance, unless these circumstances were caused due to gross negligence or intent on the part of Saint Marie de Los Andes.
8.3. The User understands and accepts that the mobile network and services are not completely secure, and the User is responsible for the security of their own devices, systems, credentials, and actions. It is the User’s responsibility to protect any password or other credentials associated with their use of the Site, and the User is responsible for their security.
9. Contact.
9.1. For the purposes of these Terms, any communication that the User requires to make to the Company, including requests, doubts, queries or claims, must be directed to the email contact@saintmariedelosandes.com or to the telephone number + 56 9 77750947 (opening hours are Monday to Friday from 09:00 to 18:30 hrs, does not consider Saturday, Sunday or holiday).
10. Address and Representative.
10.1. These Terms are governed by the laws of the Republic of Chile, in aspects that are not expressly regulated therein.
10.2. In the event that any clause of these Terms loses validity due to legislative changes or any other nature, the rest of them will remain in force and therefore will continue to govern the use of the Site.
10.3. For any legal or judicial effect, the domicile of Saint-Marie de Los Andes will be the commune of Providencia, Republic of Chile. Any controversy that arises in relation to the use of the Site and the transactions thereunder, as well as its interpretation or application, will be submitted to the ordinary civil courts of justice located in the commune of Providencia.