TÉRMINOS Y CONDICIONES
NIMBLESNACKS.CO
These terms and conditions regulate the access and use of the website of MALLA & MONO S.A.S., hereinafter "NIMBLE", with main address in the city of Bogotá, Colombia. These terms are binding on anyone using the NIMBLE website. In any case, NIMBLE reserves the right to update or modify the terms and conditions at any time without prior notice, so we recommend that these terms and conditions be reviewed whenever the website www.nimblesnacks.co is used.
Access to the NIMBLE website and the use of its contents and services implies full acceptance without reservation of the terms and conditions published at that time on the website. However, the use of said page will not constitute, by itself, any type of contractual relationship between NIMBLE and the user. If the user does not accept the terms and conditions please do not access the NIMBLE website.
1. INFORMATION ABOUT THE PRODUCTS AND PRICES
The descriptions of the products displayed on the NIMBLE website, as well as the prices applicable to them, will be made in accordance with the regulations in force and applicable in the Colombian legal system.
2. CORRECTION OF ERRORS AND INACCURACIES
The information on the NIMBLE website may contain typographical errors or inaccuracies and may not be complete or up-to-date. We reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without notice. Please note that such errors, inaccuracies or omissions may be related to product description, pricing, general information and availability.
3. PURCHASE
The NIMBLE website is available 365 days a year, 24 hours a day. The opening hours for the communication channels visible on the page (Instagram, contact form, email, Whatsapp) are from 9:00 a.m. to 5:00 p.m. Monday through Friday and Saturday from 9:00 a.m. to 2:00 p.m. Customers may purchase NIMBLE products online, by adding them to the "shopping cart" that is available on the website or through the previously mentioned communication channels.
4. PAYMENT
The means of payment for purchases made through the website will be the PayU online payment portal. All purchases made through our "shopping cart" are subject to validation of the means of payment and personal data, as well as the availability of the products. If the purchase is not approved, the system will reject it and the Customer will be informed. In the event of a debit of money, NIMBLE will return the amount through the means of payment agreed with the client. The following conditions must be taken into account:
− Some means of payment have an additional charge by nature. Nimble will not make additional charges to those that are visible in the summary of the purchase.
− NIMBLE manages an electronic payment platform that meets all security and reliability standards.
− The quality guarantee of the products enters into force once the payment is approved.
− All dispatches will be made once the payment is confirmed and paid, the confirmation times will vary according to the payment method.
Once the transaction is completed, a notification of successful transaction indicating the amounts paid, the details of the products purchased and the data registered for delivery will be automatically sent to the e-mail address registered by the Client. All transactions will receive an automatic ticket confirming successful purchase.
5. SHIPMENTS
Orders placed through the NIMBLE online store are dispatched through different transport companies nationwide in Colombian territory and only to the destinations that appear available at the time of proceeding with the payment. NIMBLE will deliver the orders to the Carrier from Monday to Friday from 8:00 a.m. to 5:00 p.m. to 6:00 p.m. The value of the order will be subject to the place of destination, and said value will be indicated to the Client before making the payment. The prices found on the website include VAT. Together with the delivery of the order, the delivery of the sales invoice will be made and the shipping cost will be discriminated within it.
6. THE DELIVERY
The delivery will be made within the time chosen by the client in the process of finalizing the purchase at the address registered by the Client, that is, the shipping address. Delivery times depend on factors and circumstances beyond the control of NIMBLE, so it cannot be confirmed the day or the exact time of arrival in some cases. The aforementioned delivery times will be counted from the moment the payment validation and confirmation process is successful on the website. The coverage of shipments nationwide is done through carriers. The Carrier or NIMBLE will deliver the orders within cities, regions and/or areas considered safe for operation.
7. RECEIPT OF THE ORDER
The reception of the product will be in charge of the person who placed the order. Said person, or whoever has been authorized to receive the order, must sign the delivery certificate or equivalent document presented by the Carrier or NIMBLE, after having inspected and verified the product. If the verification is not done at the appointed time, the Client has 24 hours to notify NIMBLE, through the communication channels visible on the website, of any inconvenience related to it. Once that time has elapsed, NIMBLE will not accept any claim. Once the products have been received, the Carrier or third parties are not entitled to pick them up again.
8. RETURN OF PRODUCTS
To make the change or return of a product, the Customer must present the purchase invoice. In the event that you do not have the invoice due to loss, it will be confirmed with the personal data of the person who made the purchase, validating the record in the system. The product must contain at least 90% of its net content. Exclusively for quality reasons, the return or exchange of the purchased product will be allowed, for which the Client will have a maximum of 24 hours, counted from the receipt of the product, to request said return or exchange. To make a return or change a product, one of the following reasons must be met with respect to it: (a) that the product received by the Customer is in poor condition (perforated, open, damaged) at the time of delivery. (b) that the product received by the Client is defective, which is evidenced in the event of presenting anomalies in its physical appearance or flavor. In these cases, the Customer may choose between refunding the money or exchanging the product. The management and costs of this return will be the responsibility of the Client so that NIMBLE can inspect them and can respond to the possible cause of the defects. NIMBLE will respond within the next 3 business days based on the findings. Not all returned products apply for return. In case of defining that the damage was caused after delivery, no money refund or replacement of the product will be made.
9. DISCOUNTS AND PROMOTIONS
The discounts are exclusive for purchases made through the website and are valid only for selected references. All promotions have the effective date visible in the communication. Product promotions will be valid until the determined date or until their stocks are exhausted; Once they are exhausted, the Clients who have requested them will be informed, to cancel their order or replace it with another of the same value.
10. PRIVACY POLICIES
In accordance with Habeas Data Law 1581 of 2012, by accepting the terms and conditions, the Client and/or User acknowledges and indicates that they know and authorize NIMBLE in a prior, express and informed manner so that their personal data can be stored and used in order to achieve efficient communication and authorizes in the same terms that said information can be treated in accordance with the NIMBLE Data Treatment Policy, which can be consulted in the here.
11. COOKIES
NIMBLE uses cookies on its website. Cookies are pieces of information sent by the website and stored in your browser, with the purpose of giving you a better browsing experience on the NIMBLE website and improving our services.
12. SOURCE OF INCOME
The CLIENT, when carrying out transactions in nimblesnacks.co, declares under oath that his income comes from legal activities, that he does not have a negative record in national or international money laundering prevention lists, that he is not within a of the two categories of money laundering (conversion or movement) and that, consequently, undertakes to respond to NIMBLE and to third parties for all damages caused as a result of this statement. It also declares that its conduct conforms to the law and ethics and undertakes to implement measures aimed at preventing its operations from being used with or without its consent and knowledge as instruments for concealment, management, investment or use in any way. in the form of money or other property derived from criminal activities, or to give the appearance of legality to these activities. It undertakes to act within Colombian Law, complying with all the procedures, procedures and obligations contemplated in the Law and other pertinent norms and that any evidence that these principles are not fulfilled or may be in question will be sufficient grounds to resolve, at the discretion of the Complied Party, the Contract resulting from its acceptance.
13. INTELLECTUAL PROPERTY RIGHTS
All multimedia content on the NIMBLE website, such as illustrations, graphics, audio clips, video clips, text, among others; are subject to industrial property rights and/or copyright and/or other intellectual property rights of NIMBLE or other authors with their due permissions.
14. EXERCISE CAPACITY
The access, navigation and use of the NIMBLE website are reserved for people over 18 years of age and the navigation and use of said site by children and adolescents is totally prohibited. By accepting these terms and conditions, the User declares that he is over 18 years of age and is fully responsible for that declaration.
15. LIMITATION OF WARRANTIES AND LIABILITIES
The User and/or Client accepts that the use of the NIMBLE website will be carried out at their own risk. NIMBLE will not be held responsible for any content created, published and/or made available by users. NIMBLE reserves the right to interrupt the website for technical repairs or maintenance.
The civil, criminal and/or administrative responsibility for the products offered on the NIMBLE website falls exclusively on the manufacturers and/or producers thereof. Consequently, NIMBLE will not be liable civilly, criminally or administratively for damages caused to Users and/or Clients due to errors in the design, manufacture, handling and/or information of those products that have not been manufactured by it.
16. REQUESTS, COMPLAINTS AND/OR CLAIMS (PQR)
The Customer can submit requests, complaints or claims for the content presented by NIMBLE on its website at any time, by going to the "contact us" section or email contacto@nimblesnacks.co.
17. APPLICABLE LAW
These terms and conditions will be fully governed by Colombian law, as will the relationship between NIMBLE and the Client and/or user. The differences between NIMBLE and the Client on the interpretation, fulfillment and validity of the terms and conditions will be governed by the current and applicable regulations in the Colombian legal system.
18. TERM
These terms and conditions are effective as of their publication.
19. UPDATES
Version 1: december 1 of two thousand twenty-two (2022)