TERMS AND CONDITIONS OF USE MARKETPLACE
ferreterias.com
MARKETPLACE FOR COLOMBIA “Drop-Shipping” “Drop-Shipping with Parcel of ferreterias.com”
This document contains legal information that we recommend that you read completely in conjunction with the Privacy Policy.
last update date: 10-26-2023
These terms and conditions apply to the Marketplace Service (as said term is defined below) that COMERLIA SAS. (hereinafter the business line “ferreterias.com”) makes available and provides producers and marketers of products (hereinafter, each a “Commercial Partner” and their products, the “Products”) so that using the “Marketplace” platform, but at their own expense and risk, they can make direct sales to the clients of the internet portal exclusively owned by COMERLIA SAS. NIT. 901697345-5 https://ferreterias.com (hereinafter the “Portal”) and use the services described below, which are provided by ferreterias.com to the Commercial Partners (the “Marketplace Service”).
1. Acceptance. The signature or acceptance by any means by a Commercial Ally, including, but not limited to, through an agent, representative, factor and/or dependent and/or other document related to the provision of the Marketplace Service, will be understood as a plain, plain and unconditional acceptance of these terms and conditions. The Commercial Partner agrees that by the simple fact that he accepts an order, he carries out acts to fulfill an order or begin to use the MARKETPLACE Center Tool and the Marketplace Service, the Commercial Partner will have unconditionally and expressly accepted and consented to all the legal effects that may arise under these terms and conditions. The Commercial Partner declares to be a legal person, constituted in accordance with current local laws and that its representative has the necessary powers to be fully bound by these Terms and Conditions, which have not been modified or revoked to date. If the Commercial Ally or Commercial Ally is a natural person, they declare that they are of legal age and have full capacity to enjoy and exercise themselves to be bound by all of these Terms and Conditions and that there is no fraud, injury or any other vice in consent. The Commercial Partner knows and recognizes at the time of “sign up” or creation of their account, that these Terms and Conditions are applicable solely and exclusively for the local Marketplace scheme, in COLOMBIA.
2. Modifications. Any modification or amendment to these terms and conditions must be stated in writing signed by the Commercial Partner and ferreterias.com. However, the above, ferreterias.com reserves the right to make modifications to these terms and conditions and to the Marketplace Service and communicate them to the Commercial Partner within eight (8) calendar days prior to their entry into force. The use that the Commercial Partner makes of the Marketplace Service after said modifications constitutes knowledge and acceptance of these.
3. Total Agreement. The Parties agree that these terms and conditions shall prevail over any other previous agreement and/or agreement, verbal or written, entered into between them with respect to the provision of the Marketplace Service by part of ferreterias.com to the Commercial Ally. If there is any discrepancy, the parties agree that these terms and conditions will prevail over any other previous agreement and/or agreement, verbal or written, entered into with respect to the provision of the Marketplace Service by FerreTeerias. com to the Commercial Ally
4. Early Termination byferreterias.com.: Once the commercial relationship is accepted by the Commercial Ally, ferreterias.com may terminate it at any time by simple written notice to the Commercial Ally, at least three (3) calendar days in advance of the date. effective termination, the effect of which will be that the Commercial Partner must stop using the Marketplace Service.
5. Notifications. All communication or notification between the parties must be in writing, with the parties agreeing that the exchange of electronic data will also be a valid means of communication between them.</span >
6. Drop-Shipping Model. The Commercial Partner accepts and acknowledges that the Marketplace Service is provided by ferreterias.com under the modality called “Drop – Shipping”, in which ferreterias.com provides to the Commercial Partner the Marketplace Service, as well as the processes associated with it, in particular: • Processing of order orders for the Products with its own personnel and documentation of said processes; • Credit card fraud identification service; • Post service -sale and customer service for the purposes of returns and guarantees, in terms of what is stated in section 15 (Shipping, Returns and Cancellations and Guarantees Policies) of these terms and conditions; • Coding and content upload service in the Portal; • Management of Product returns, including collection and delivery to the Commercial Partner, and • In specific cases determined by ferreterias.com, design and execution of advertising campaigns and marketing activities. This model applies as long as the Commercial Partner directly contracts the service of the transport company, without using ferreterias.com as an intermediary. • The Commercial Partner must ship its products through the transport companies previously accepted by ferreterias.com.
7. Drop-Shipping Model with ferreterias.com Parcel. If the Parties so agree in writing or by any means of communication, ferreterias.com may provide the Commercial Ally with the service. additional of coordinating the transport companies with whom ferreterias.com has a commercial relationship and allowing, subject to what is indicated in the following paragraph, the Commercial Partner to use the accounts that ferreterias.com has opened with such companies (hereinafter, the “Transport Companies Contracted by ferreterias.com”) so that they manage the delivery of the Products to their buyers (hereinafter, the “ferreterias.com Drop-Shipping Model with Parcel Delivery”). The Parties agree that when using the Drop-Shipping Model with ferreterias.com Parcel: (i)The shipping cost payable to the Transport Companies Contracted by ferreterias.com will be determined by ferreterias.com based on reconciliations that carried out with such companies and will be informed to the Commercial Ally to be deducted from the amounts to which the Commercial Ally is entitled under these terms and conditions with the same periodicity as the payment of its Consideration, regardless of whether the Product is delivers, or cannot be delivered, for any reason, to the client, (ii)ferreterias.com will issue invoices to the Commercial Partner that cover the aforementioned amounts, and (iii)< /b>The Commercial Partner may not, for any reason, use the accounts that ferreterias.com has opened with the Courier Companies Contracted by ferreterias.com to make shipments other than those related to the Marketplace Service.< span style="font-size: 8.5pt; font-family: 'Verdana',sans-serif; mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: 'Times New Roman'; color: black; mso-font-kerning: 0pt; mso-ligatures: none; mso-fareast-language: ES-CO;">
7.1. Dimensions and characteristics of the product: The Commercial Partner must in all cases specify the product data exactly and correctly in the message, that is, it may not vary in any way or form. in margin the dimension, weight and characteristics of the product sent. Said data will be provided to the courier and stamped on the product package. In the event that the Commercial Partner provides or stamps diverse data or data that does not coincide with the characteristics of the product on the package , and therefore there is a difference in cost, ferreterias.com will charge the total ofthe difference to the Commercial Ally, an amount that will be discounted in the corresponding immediate payment.
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8. Declarations of the Commercial Partner. The Commercial Partner declares and guarantees that: (i) it is legally constituted under the laws in which it is registered, (ii) its representative is authorized to accept these terms and conditions, and (iii) has all the necessary authorizations to use the Marketplace Service and be bound by these terms and conditions. Additionally, the Commercial Partner declares that: (i) it is legally authorized to offer and sell the Products that it will offer to the market through the Marketplace Service, (ii) is a legitimate producer, owner and/or marketer of all the Products, which have been manufactured and/or acquired lawfully and that the funds for their acquisition do not have illicit acts as their source, (iii) the Products have been designed and manufactured in accordance with the laws of the country in which they are registered, (iv) the Products meet all the quality specifications required for their commercialization under the laws of the Republic of COLOMBIA (hereinafter “COLOMBIA”), including without limitation, the applicable Colombian health records and official standards, (v) with respect to Products manufactured abroad, that these have been imported in compliance with legal requirements and have all licenses, permits and authorizations for their commercialization in COLOMBIA, (vi) it is not in suspension of payments and the use of the Marketplace Service does not entail the violation of any contract or agreement in force at its expense, and (vii) the Products conform and will conform to the specifications, drawings, images, performance criteria, functionalities and other descriptions delivered to ferreterias.com to be included in the Portal; are marketable and suitable for the purposes offered, comply with applicable laws, requirements and regulations, including the laws given by the National Institute of Defense of Competition and Protection of Intellectual Property (INDECOPI), and will be liable to ferreterias.com and buyers for defects in materials, performance, operation and manufacturing.
including the Federal Consumer Protection Law and the Federal Economic Competition Law. If any damage arises due to illegal price manipulation by the Commercial Partner, it will be responsible and must compensate and release in peace and except ferreterias.com for that concept. • The parties accept and understand that the commercial relationship is that of independent contractors, therefore, they do not collaborate in the establishment of prices that are exclusive to the Commercial Partner, due to this, the sales channel of the ferreterias.com Marketplace tool establishes full competitive freedom to the Commercial Ally, having to ensure the most attractive sales conditions for their respective products. That said, the Commercial Ally guarantees to offer on the ferreterias.com Marketplace platform the same or lower price than it would have on any other platform or sales channel. • • In the event that ferreterias.com detects that the Commercial Partner does not offer in accordance with the previous paragraph and the price variation is visible and/or disproportionate, ferreterias.com reserves the right to deactivate or turn off the product or products that do not comply. this feature. ferreterias.com reserves the right, at its sole discretion, to decide not to promote one or more Products on the Portal.
10.1 Likewise, it is clarified that the Commercial Partner is solely responsible for the custody of the username and password of their account within the MARKETPLACE Center Tool, understanding that they will be responsible for all actions carried out through it. iii)The Commercial Partner must respect the price displayed on the ferreterias.com Platform at the time the User/Consumer places the order. In eIn the event that the Commercial Partner enters a wrong price in the MARKETPLACE Center Tool, they must assume the price difference in full. iv)In the event that ferreterias.com detects any possible violation of the Consumer Statute (Law 1480 of 2011) and the other regulations that add, modify or complement it (hereinafter “Consumer Protection Regulation”), by the Ally Commercial, ferreterias.com may edit the Commercial Partner's catalogue, request the Commercial Partner to edit it, or eliminate any provision that is contrary to the Consumer Protection Regulation. Likewise, in order to avoid confusion among Users/Consumers regarding the prices of products and services, ferreterias.com reserves the right to remove any product or service whose price is not expressed with VAT included. v)If you have commercial establishments serving the public, promote this alliance through different advertising materials, defined by mutual agreement between the Parties. vi) Promote this alliance through its communication channels, including email, social networks and printed media (e.g. brochures where different discount products are promoted). vii)The Commercial Partner must process all orders requested from its commercial establishments through the MARKETPLACE Center Tool. In this way, the Commercial Partner must have the necessary personnel to select the products requested by the Users/Consumers through the MARKETPLACE Center Tool, to subsequently deliver them to the Delivery Drivers (ferreterias.com's own Delivery Drivers) and/or contracted transport companies. . It is clarified that the Delivery Drivers (ferreterias.com's own Delivery Drivers) will not have to pay any value and will only have to pick up the products from the Commercial Partner's establishment. It is clarified that the Commercial Partner must deliver the order to the Delivery Person (ferreterias.com's own Delivery Persons) within a maximum time of ten (10) minutes when stipulated in the order order, counted from the moment it arrives at your commercial establishment, in the same way the Commercial Partner must deliver the order to the Transport companies in a maximum time of forty (48) hours, counted from the moment in which the order is generated when the delivery time for the product so stipulated. viii) Offer within the MARKETPLACE Center Tool all the promotions and/or discounts offered by the Commercial Partner through any other channel.
ix)Maintain the same quality and prices of the products that it offers to the public in its physical points of sale and/or any other sales channel. It is clarified that ferreterias.com may charge to the User/Consumer additional values to be able to place the order through the ferreterias.com Platform. x) The Commercial Partner undertakes to grant the User/Consumer the guarantee of the products they acquire through the MARKETPLACE Center Tool. xi) The Commercial Partner is obliged to accept returns of orders placed through the MARKETPLACE Center Tool and generate the reversal of the purchase, in accordance with article 47 of the Consumer Statute and other regulations that modify or complement it. xii) The monthly Stock Outs of the Commercial Ally may not exceed two percent (2%) of the products sold by it during said month. These Stock Outs will be reviewed by the Parties monthly to make reconciliations. In the event that they exceed two percent (2%), the Commercial Partner will pay the cost for use and rental of the MARKETPLACE Center Tool of the Stock Outs, as long as ferreterias.com manages to demonstrate it through any test method. xiii) Cancellations of orders requested from the commercial establishments of the Commercial Ally, whose causes is attributable exclusively to it, they may not exceed five percent (5%) of the monthly orders. In the event that these cancellations exceed five percent (5%) of the monthly orders, the Commercial Partner must pay ferreterias.com the cost of use and rental of the MARKETPLACE Center Tool for the canceled orders, as long as FerreTeerias .com can prove it through any testing method. It is clarified that, for the purposes of this section, cancellations will be understood as those that occur due to causes attributable exclusively to the Commercial Partner for any of the following reasons: i) commercial establishment of the Commercial Partner closed; and/or ii) Stock Outs. xiv)The Commercial Partner has the obligation to issue the invoice for the order requested and processed through the MARKETPLACE Center Tool. Under no circumstances may the invoice be issued in the name of ferreterias.com. xv)In the event that the User/Consumer receives an incomplete order, the Commercial Partner must assume the value of the missing products. In this way, the Commercial Partner authorizes the weekly discount of said value from the total sales made through the MARKETPLACE Center Tool. The amount payable by the Commercial Partner to ferreterias.com, mentioned above, is additional to that paid for the use and rental of the MARKETPLACE Center Tool.
xvi)Since the person who markets the products and/or services is the Commercial Partner, he or she will be responsible for all the obligations and tax burdens that correspond to the sale of their products. and/or services, without ferreterias.com being able to be held liable for non-compliance with the above. xvii) In the event that the Commercial Partner imports the products displayed through the ferreterias.com Platform, the Commercial Partner declares and guarantees that it has all the authorizations and documentation required by the competent authority to carry out said import, including the import manifests issued by the DIAN. At any time, during the execution of these Terms and Conditions, ferreterias.com may request said documentation to the Commercial Ally. By virtue of the foregoing, the Commercial Ally undertakes to hold ferreterias.com harmless for any claim, inconvenience, demand, sanction and/or situation presented by a third party or a competent authority against it, with in relation to the products displayed and marketed through the ferreterias.com Platform or to import duties by the Commercial Partner. xviii)In the event that the Commercial Partner is not the manufacturer of the products or owner of the brand of the products displayed through the ferreterias.com Platform, it declares and guarantees that it has all the permits and authorizations to sell and distribute these products in the territory of the Republic of Colombia, it being understood that ferreterias.com may request, at any time during the validity of these Terms and Conditions, all documentation in this regard. By virtue of the foregoing, the Commercial Partner undertakes to hold ferreterias.com harmless for any claim, inconvenience, demand, sanction and/or situation presented by a third party or a competent authority against it, in relation to the use of the brand. and distribution of the products exhibited and marketed through the ferreterias.com Platform. xix)The Commercial Ally undertakes to comply with all advertising, commercial promotion and labeling regulations that are applicable to its products, as well as to have the permits and licenses from the competent authorities to carry out this type of actions. In this way, the Commercial Partner declares and accepts that ferreterias.com will not be responsible in any degree for any breach that occurs of the related regulations.associated with the type of actions mentioned above. Payments for tangible or intangible benefits. The Parties agree that they will not be obliged to pay, under any circumstances, any sum of money to the other Party, for tangible or intangible benefits that they acquire by virtue of the exhibition and commercialization of the products and/or services of the Commercial Ally through of the MARKETPLACE Center Tool. Amount charged for use and rental of the MARKETPLACE Center Tool.
11. License. The Commercial Partner declares under oath that it is dedicated, among other things, to the marketing of products, which have been acquired with resources from legal activities and have been introduced into Colombian territory and into the market legally, in strict observance of the applicable laws and regulations, all of them being original and complying with the quality controls established by law. Likewise, it declares that it has the necessary documentation to prove the legality and validity of the products sold through the ferreterias.com Marketplace platform, since they have been acquired in establishments authorized by the brands of the products and have been legally imported or exported to Colombian territory, recognizing that they are unique. and exclusively responsible for the images, brands, description and products that are advertised, published and/or sold through the MARKETPLACE Center Tool and under the ferreterias.com Marketplace scheme. The commercial ally is obliged to deliver to ferreterias.com, when requested and immediately, all documentation proving the legality of the merchandise, its origin and its legal importation or acquisition and stay in the country. Therefore, the Commercial Ally undertakes to hold ferreterias.com safe and sound from any claim, demand or conflict that may arise against it related to the marketing of its products through the ferreterias.com Marketplace platform, indemnifying ferreterias.com for any expenses it incurs for any claim it receives due to the illegality of the products marketed, including attorneys' fees in charge of defending the case, as well as any damages that may be claimed. The expenses that ferreterias.com incurs due to any of the above assumptions may be deducted from the total sales to which the Commercial Partner is entitled.
11.1 Prohibition of sale of pirated products: ferreterias.com, in strict accordance with the applicable and current laws and the legal commercialization of the products that are published and sold through the Aliado tool Comercial Center prohibits the Commercial Ally absolutely and without exceptions from selling, publishing and/or marketing pirated, false, replicated or copied products that infringe the rights of third parties. In this sense, the Commercial Ally mustwill be to refrain from publishing, selling and marketing products with a counterfeit brand, products that have an exact or similar reproduction of the sign, image or characteristics of the original; manufacture or publish another's trademark, copy or imitate the label; or wrappers that are used as "brands." Making copies or imitations, without right or authorization in order to deceive or confuse the consumer, posing as the original or genuine brand or product registered or patented, ferreterias.com will penalize the Commercial Partner with the total retention of the price of the product. or products in question, and will immediately remove said products from the Marketplace platform; Likewise, ferreterias.com may request from the Commercial Partner the product(s) so that they are subject to the process of Review of conditions and internal quality of possible pirated products. Finally, in the event that the Commercial Partner is a repeat offender of the described conduct, ferreterias.com may shut down their account momentarily or permanently. Likewise, it will immediately notify the competent authorities and will be subject to all sanctions that are legally attributable, and must also indemnify ferreterias.com, its partners, allies, end consumers or any other person that may result, for any damage, loss, sanction, fine or process to which you are subject as a consequence of carrying out the aforementioned action.
12. Operation of the Marketplace Service. Once the Products are encrypted by the Commercial Partner, the operation of the Marketplace Service will be subject to the following terms and conditions and the process described below :
12.1. Uploading of products and content: a. The Commercial Partner undertakes to offer only new and original Products through the Marketplace Service. In the event that the Parties so agree In writing, the Commercial Partner may sell remanufactured products. All products that the Commercial Partner offers must comply with quality standards and advertise them truthfully and clearly on the ferreterias.com portal, giving the consumer complete clarity of the dimensions, colors, images and any other element that describes the advertised product. b. The Commercial Partner undertakes not to offer products of dubious origin or that are the result of illicit activities such as smuggling or theft. c. It is strictly prohibited to place information related to your physical or virtual store such as website, telephone number, address, among others, in the description of your products.</ b> Like thisLikewise, it is strictly prohibited to use images, logos, commercial advertisements and descriptions that violate the intellectual property rights of third parties. Otherwise, the Commercial Partner will be entirely responsible for the damages that this may cause to ferreterias.com, owing always hold ferreterias.com harmless and safe from any procedure, claim or trial, assuming the defense costs including the fees and expenses that ferreterias.com may incur. d. The SKUS belonging to the El Aliado Comercial account that present the following incidents run the risk of being temporarily or permanently deregistered, according to the evaluation of the case: ▪ Repeat returns ▪ Content error ▪ Price error ▪ Delays in dispatch/cancellations ▪ Defective SKU without warranty The range of items with the aforementioned incidents must not exceed the following percentages: e. If any of the above points are incurred, ferreterias.com will proceed to turn off the product until it complies and is modified in accordance with the stipulations. F. ferreterias.com reserves the right to evaluate repeat business partners who do not comply with point (d), as follows: Type of incident Off period What is turned off? 1st notice 7 calendar days SKU/Commercial Partner 2nd notice 15 calendar days SKU/Commercial Partner 3rd definitive off notice SKU/Commercial Partner ferreterias.com will identify the Commercial Partners that do not have a record of entering the Aliado Comercial Center system within a period of 30 calendar days; and they will be notified by email about their withdrawal, they will be given 7 days to register activity in Aliado Comercial Center; Otherwise, the account will be deactivated from the Aliado Comercial Center and you will no longer be able to access it. In order to reactivate the account, it is necessary to contact your commercial advisor
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12.2. Receipt of the order form
12.2.1. ferreterias.com informs the orders by platform ferreterias.com will receive the acceptance of the offer made by the client and will send the respective order orders daily via the MARKETPLACE Center Tool to the Commercial Partner so that he can proceed to send the Product(s) to the buyer or, where applicable, he must deliver the order to the Delivery Person (ferreterias.com's own Delivery Persons) in a maximum time of ten (10) minutes and /or to the Transport Company Contracted by ferreterias.com as specified in the order. Likewise, for products that specify deliveries with longer times, the order must be delivered to the Transport companies of the Commercial Partner or Contracted by Ferreterias.com in a maximum time of forty (48) hours, counted from the moment the order is generated. The order sent to the Commercial Partner will contain the following information: order number, SKU number, Product price, status of the order, total amount paid by the customer (price and shipping), payment methodand client data (name, surname, DNI/RUC, address and city). As indicated in clauses 14 and 15, the information related to The Client may not be used by The Commercial Ally under any circumstances for a purpose other than the fulfillment of its obligation regarding the shipment of the products. It is necessary to emphasize that the shared data is protected in accordance with current Data Protection legislation.
12.2.2. The Commercial Partner accepts the order: Once the order has been sent to the Commercial Partner, he must deliver the order to the Delivery Person (ferreterias.com's own delivery persons) in a maximum time of ten (10) minutes and up to forty-eight (48) hours to acknowledge receipt of the same and to dispatch the corresponding Products that require to be dispatched in this last time range in order for them to reach the buyer as indicated. in the following paragraph; except for exceptions that will have to be approved by the Procúreme area and stated in writing or by email. The Commercial Partner must ensure that the Product(s) reach the client before the maximum time provided in the policies and deliveries of ferreterias.com or that ferreterias.com requires. In the event that the Commercial Partner uses its Delivery Persons (ferreterias.com's own Delivery Persons) and/or Transport Companies Contracted by ferreterias.com for the shipment, it must ensure that deliver the products to it in a timely manner so that they reach the Client within the maximum agreed time. In the event of any incident in the processing of orders, the Commercial Partner must notify ferreterias.com before the maximum dispatch date. Failure to comply with this provision will give ferreterias.com the power to terminate the relationship with the Commercial Partner without any liability. If the Commercial Ally does not comply with the above, ferreterias.com will have the right to cancel the corresponding order. In this case, ferreterias.com will proceed to reverse the payment of the money it has received from the Client within a period of seven (7) business days. Notwithstanding this, in such event ferreterias.com will accrue the Commission established for the provision of its services and will deduct it from the next money transfer made to the Commercial Partner or charge it directly to the latter, at its sole discretion. Without prejudice to the foregoing, in the event that the Consumer demands the Product and ferreterias.com is able to obtain it on the market, it may at its sole discretion require the Commercial Partner to deliver the Product or purchase said Product from a third party and collect the value paid to the Commercial Ally. ferreterias.com may, at its discretion, provide Clients with sums of money or coupons to be redeemed on the Portal as compensation for the Commercial Partner's failure to comply. It is the obligation of the Commercial Partner to cover the expenses incurred to obtain the new product and will be charged in their next billing.
12.2.3. Order preparation:
a. Documentation:
1 the Commercial Partner is obliged to print from the MARKETPLACE Center Tool and deliver to the Client along with the Product(s) the purchase receipt in which they are broken down and their prices.
2 Simultaneously with the shipment of the product(s) to the Client(s), the Commercial Partner will issue and send the invoice or receipt to the Client, which must comply with all established requirements in the applicable rules and regulations in force in COLOMBIA, reflecting the sales price of the product (s), plus the shipping cost (if applicable). In the event that the Client does not request the invoice at the time of carrying out the operation, the Partner Commercial, must fully comply with the applicable tax legislation and regulations, issuing for registration and control, a generic invoice (for sale to the public or over the counter); so that, if required by the client, the Commercial Partner can replace said invoice and issue the corresponding one in accordance with the deadlines established in the applicable Colombian laws. It is the responsibility of the Commercial Partner to deliver the proof of purchase requested by the Client. In case the product arrives without the requested document or with a different receipt, the Partner Commercial must send it to the client or, failing that, ferreterias.com carries out the management and shipping and it is the obligation of the Commercial Partner to assume the costs incurred in sending it. The payment is made on your next billing. The Commercial Partner acknowledges that, in the event of non-compliance with the above, ferreterias.com may initiate applicable procedures for breaches of this provision. b. Packaging and Packaging It is the responsibility of the Commercial Partner to use the appropriate packaging and packaging material to protect its products. Likewise, if ferreterias.com requests it, the Commercial Partner must change its packaging and/or packaging in order to protect its products and ensure that they reach the customer in good condition. The Commercial Partner undertakes to review the support material on the page andapply the requested improvements.
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12.2.4. Missing Part, Document not delivered and/or wrong: If reported after delivery of the product to the Customer, the lack of a part essential for the use and good functioning of the product, The Commercial Ally will be notified so that it can proceed with the replacement of the product. If there is no response to the request, ferreterias.com will replace the reported missing part and the assumed cost will be charged to the satisfaction of The Client. The collection will be made on your next billing. Upon notification from the client informing of the non-delivery of proof of payment and/or proof of incorrect payment due to omission, El Aliado Comercial will be informed so that it can proceed with the issuance of the document. corresponding within a period of no more than 3 to 4 business days. If the issuance of the requested document has an additional cost for delivery to the Client's home, The Commercial Partner will assume the expenses incurred, which will be charged in its next billing.</span >
12.3. Collection/Delivery of orders to the Delivery Person (ferreterias.com's own delivery persons):
12.3.1. Order collection carried out by the Delivery Person (ferreterias.com's own delivery persons) is approximately short, between 10 to 20 minutes after the order is generated and/or In case the prosducts are collected by a transport company authorized by ferreterias.com, it is the full responsibility of the Commercial Partner to comply with the following: a. The hours in which the transport company authorized by ferreterias.com passes are Monday to Friday between 8 AM and 7 PM. It is the responsibility of the Commercial Partner to have the merchandise ready for collection. The collection will be made the day after the guide is generated in the MARKETPLACE Center Tool. A maximum of 2 collection attempts are made. If the products cannot be collected after these 2 attempts, the order will be canceled and the cancellation policy will be followed. ferreterias.com informs the Commercial Partner of the visits made via email. The Delivery Service (ferreterias.com's own delivery partners) could be withdrawn according to the operational performance of the Commercial Partner and previously notified. b. The assignment of the collection parcel is the decision of ferreterias.com. In the same way, the change could be made, with prior notification. The collection service will be offered according to the criteria that ferreterias.com establishes and considers. c. The Commercial Partner is fully responsible for the content and documentation with which the product is sent and must require that the package seal the automatic guide as compliance with the delivery.
12.3.2. Delivery of orders to the carrier's office (DROP OFF): a. The shipment of products is carried out through a Transport Company contracted by ferreterias.com The Commercial Partner is responsible for generating automatic guides and purchase orders through the MARKETPLACE Center Tool. b. The Commercial Partner is responsible for updating the status of their orders in the MARKETPLACE Center Tool. It is mandatory that the Partner Commercial set the status of Ready to ship to the order prior to delivery of the product to the parcel. If the Commercial Partner has any incident when updating information, they must notify their commercial advisor or email info@ferreterias.com. c. The Commercial Partner is responsible for delivering the product(s) with the complete documentation. Purchase order, Returns Flyer, automatic guide, shipping guide from the Commercial Partner and receipt or invoice according to the customer's request. This information must be obtained from the purchase order . d. The Commercial Partner is responsible for meeting the delivery time of the product to the transport company before or at the latest on the same day as the delivery deadline shown in the Commercial Partner Center. and. The Commercial Partner must respect the conditions and dispatch times indicated by the Transport company. F. ferreterias.com could decide to change the Transport Company, after notifying the Commercial Partner with the aim of improving the service provided to the client. This will depend on the operational performance of the Commercial Partner evaluated by ferreterias.com.
12.3.3. Direct delivery from the SUPPLIER a. In case ofSince the shipment of the Products is not carried out through a Delivery Person (ferreterias.com's own Delivery Persons) and/or a Transport Company Contracted by ferreterias.com, the Commercial Partner must use a transport company under its responsibility. You must provide a web guide number, trackable online, so that ferreterias.com can track the order, so on the day of dispatch, the Commercial Partner must confirm to ferreterias.com, via the MARKETPLACE Center Tool ( or if you do not have this service, via email) the tracking number, the transport company authorized by ferreterias.com and the other information required to track the order via the web and be able to provide after-sales services and Customer Support. b. Communication between the Commercial Partner and the Client is strictly to ensure the delivery of the order. The communication under no circumstances may be due to a change of date or postponement of the promised delivery date.
12.4. Order distribution: a. The Commercial Partner must ensure that the Product(s) reach the buyer within the maximum time provided for in FerreTeerias' policies and deliveries. as or that ferreterias.com requires. In the event that the Commercial Ally uses for shipping the Delivery Persons (ferreterias.com's own Delivery Persons) and/or a Transport Company Contracted by ferreterias.com, it must ensure that the Products are delivered to it on time. and form so that they reach the buyer in the maximum agreed time. Failure to comply with this provision will give ferreterias.com the power to terminate the relationship with the Commercial Partner without any responsibility. b. The cost of shipping [will be determined by ferreterias.com ] and will be transferred to the buyer, except in cases where it is agreed that the Commercial Partner will assume them; with the understanding that, in the event that the Commercial Partner wishes to use its own transport companies, it must take the policies insurance of the risks of the Products sent to the buyer and will be understood with the insurer and/or with the transport company or logistics service provider regarding all claims and situations concerning the policy and/or the shipment of the Products to the buyers, indemnifying ferreterias.com from the loss or damage suffered by said products. c. If the Commercial Ally does not comply with the above, ferreterias.com will have the right to cancel the corresponding order. In this case, ferreterias.com will proceed to reverse the payment of the money it has received from the buyer within a period of seven (7) business days. Notwithstanding this, in such event ferreterias.com will accrue the Commission established for the provision of its services and will deduct it from the next money transfer made to the Commercial Partner or charge it directly to the latter, at its sole discretion. Without prejudice to the foregoing, in the event that the Consumer demands the Product and ferreterias.com is able to obtain it on the market, it may at its sole discretion require the Commercial Partner to deliver the Product or purchase said Product from a third party and collect the value paid to the Commercial Ally. ferreterias.com may, at its discretion, provide buyers with sums of money or coupons to be redeemed on the Portal as compensation for the Commercial Partner's failure to comply. “The Commercial Partner is obliged to cover these values to ferreterias.com, after the communication of the error generated and charged in its next billing.” d. Once confirmation of the shipment made by the Commercial Partner has been received, ferreterias.com will proceed to follow up on the delivery and satisfactory receipt of the Product(s) by the buyer, when the delivery is agreed to be managed by ferreterias.com . and. The Commercial Partner will assume the taxes and withholdings established or established for theservices that make up the Marketplace Service and for the sale of the Products in COLOMBIA, as well as those applicable to the legal transaction concluded with the buyer. F. In compliance with the provision of its collection service, ferreterias.com will collect the value of the order orders (Product value plus shipping value) from buyers, but always on behalf of and in the name of the Commercial Partner, and will transfer to the Commercial Partner the value of the order orders collected, after deduction of your Commission and any other amount to which ferreterias.com is entitled under these terms and conditions and the corresponding insertion orders, including shipping costs, penalties and expenses generated by comply with customer purchases due to price errors, order cancellations, costs and procedural costs in the event of a complaint and administrative fines. g. The Commercial Partner will reconcile the transfers made by ferreterias.com within a period of seven (7) business days following their receipt and will inform ferreterias.com, within that period and in writing, of any observations. If the Commercial Partner does not present any observations within this period, it will be understood that the Commercial Partner agrees with the transfers made by ferreterias.com. ferreterias.com will verify the observations presented by the Commercial Partner during the aforementioned term, and will respond to them within the following seven (7) business days. h. ferreterias.com will manage changes and/or returns directly with the buyer, when it should do so; However, it is the Commercial Partner who is obliged to respond to claims, guarantees and/or returns and both the Commercial Partner and ferreterias.com agree to adhere to the current Shipping, Returns and Cancellation Policies.
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12.5. Order returns:
12.5.1. Return of orders to the supplier due to delivery failure a. Orders that were not successfully delivered to the customer after attempts are considered a Delivery Failure. established delivery times or because the customer abandons his purchase and informs ferreterias.com about the cancellation of said order. b. ferreterias.com will carry out the return process for orders with delivery failure, according to the established supply modality: b. 1 Pick up The order(s) will be sent to the address that is registered in the Aliado Comercial Center as a warehouse address. If the return delivery cannot be completed due to the responsibility of the Aliado Comercial, this will be notified by ferreterias.com the day after the visit was made. In said notification you will be informed that you must pick up the order(s) from the carrier's warehouse, having a maximum of 4 business days. If you do not pick it up within the designated time, The order(s) will be sent to the ferreterias.com warehouse and the discount will be applied to the next payment for the returned amount. In this scenario, if the Commercial Ally does not recognizeoge your merchandise within 30 calendar days, the Commercial Partner agrees to transfer ownership of the merchandise to ferreterias.com, without charging for storage for said merchandise. If there are no applicable payments pending, ownership of the merchandise is transferred directly. b.2 Drop off The order(s) will be sent to the same carrier office where you initially deposited your order; having up to a maximum of 4 business days to collect it. If you do not pick it up within this time, the order(s) will be sent to the ferreterias.com warehouse. c. From the moment the Commercial Partner delivers the order to the assigned carrier, if there is a case corresponding to delivery failure, the return times are as follows: Return in Bogotá: 12 to 15 days Return in the rest of the country: 15 within 30 days
12.5.2. Return of orders to the supplier by reverse logistics: a. Returns by Reverse Logistics are considered to be orders that were successfully delivered to the customer, and after that The customer informs his intention to return the Product according to the following criteria: The Commercial Partner hereby accepts that he will be forced to accept returns under the same policies accepted by ferreterias.com. https://ferreterias.com /sp /returns-policy b. Returns must be accepted “only” with a sales receipt c. Responsibility for the content of the page is entirely the Commercial Partner, if certain aspects such as details of use, compatibility and language are not indicated, it will be will be taken into account to proceed in favor of the client. d. ferreterias.com will notify The Commercial Ally about the cases of Return requested by The Client, in 2 moments: · When the customer's request is received: In this case, it will be informed that the Return process has started and the reason given by the Customer, and that in a future email the result of the evaluation of the case, after its quality control. · When the quality control and evaluation of the case has been completed and it has been determined that the customer's Return request APPROPRIATE or NOT APPROPRIATE. e. In the event that the return request PROCEED, the product will be sent to the office or warehouse of El Aliado Comercial. · ferreterias.com, depending on the destination, has the following days to make the return: i. Bogotá: 21 business days (from the date of delivery to the customer) ii. Rest of the country: 30 business days (from the date of delivery to the customer) · The Commercial Partner will receive the products in the quality conditions requested in the terms and conditions towards the Client. f. In the event that the return request DOES NOT APPLY, ferreterias.com will send the product(s) to the Client. g. The Commercial Partner declares that it knows and accepts that the priority of ferreterias.com is in any case to guarantee the adequate attention and satisfaction of its clients, which is why, in case that the buyer informs his intention to return the Product, ferreterias.com may at its sole discretion offer the buyer: (i) the replacement of the Product with an equivalent suggested one, even from another supplier, (ii) the delivery of a FerreTeerias voucher .com for the value of the returned Product, (iii) the return of the money collected, (iv) maintain a balance in favor (iv) mobility payment, transfer generated by The Client. The buyer's option will be mandatory for ferreterias.com and for the Commercial Ally. If the buyer opts for the return of his money and the cause of the return is attributable to the Commercial Ally, ferreterias.com will refund it to the client and will proceed, at its sole discretion and with which the Commercial Ally agrees. agreement, to deduct said sum from future payments to the Commercial Ally or to demand immediate payment of the sums paid. The Commercial Partner agrees that in the event that the buyer opts for the replacement of the Product or the delivery of a voucher, the Commercial Partner will assume all costs and expenses associated with the option chosen by the buyer and ferreterias.com will be entitled to deduct said sums from future payments to the Commercial Ally or to demand immediate payment thereof. h. In the event that the customer requests a refund of their money and ferreterias.com has not yet proceeded to make the payment to the Commercial Partner for that product, ferreterias.com will notify the Commercial Partner that it will proceed with the return of the money and therefore will not pay them. any money for this Product. All expenses associated with the transfer of the product to the contact address of the Commercial Partner are borne by the Commercial Partner; with the understanding that ferreterias.com will inform the Commercial Partner of the breakdown and amount of said expenses and will be authorized to deduct any amount assumed by ferreterias.com for such purposes from the amounts to which the Commercial Partner is entitled for the sale of its Products. Yo. If the customer requests a refund of their money and ferreterias.com has made the payment to the Commercial Ally for this product, ferreterias.com will deduct from the next payment to the Commercial Ally the amount that was paid for this product. All expenses associated with the transfer of the product to the contact address of the Commercial Partner are borne by the Commercial Partner. j. Likewise, ferreterias.com may terminate the relationship with the Commercial Partner immediately, without incurring liability and without any compensation. In the same sense, ferreterias.com will accept at least ninety-eight percent (98%) fulfillment of monthly Product deliveries from the Commercial Partner. If the percentage is lower, ferreterias.com may terminate the relationship with the Commercial Ally immediately, without incurring any liability and without giving rise to any compensation to the Commercial Ally and in the same way as established in the previous paragraph, in In the event of cancellations of products made or attributable to the Commercial Partner, ferreterias.com will manage it as a purchase order placed and product sold; Therefore, it will be considered within the commission resulting from the cut-off date for the respective commission payment to ferreterias.com for the period in question. In addition to the above, ferreterias.com may turn off the products advertised by the Commercial Partner at its sole discretion.
12.6. Guarantees: a. ferreterias.com has warranty time standards for each category or type of product, and this will be shared with El Aliado Comercial, so that it can upload b. The Commercial Partner will be responsible for compliance with the guarantees of the Products sold directly to the buyer through the Marketplace Service, guaranteeing at all times the Products for any damage or malfunction and must observe the applicable legislation on the matter, specifically the Consumer Protection and Defense Code c. If a client files a claim and the warranty period is in force, the Commercial Partner must address said claim directly with the Client.
12.7. Cancellations: In the case of Cancellation, ferreterias.com will manage the changes and/returns directly with the Client, when it should do so; however, the Commercial Partner is obliged to respond to claims, guarantees and/or returns and both the Commercial Partner and ferreterias.com agree to adhere to the Shipping, Returns and Cancellation Policies in force. After a cancellation and if it is attributed to the responsibility of the Commercial Partner, this will be Penalized in accordance with what is indicated in number 17, section 17.3.
12.7.1. Cancellations by the Supplier: a. The Commercial Partner may proceed with the cancellation of an order and accepts the penalties imposed by ferreterias.com. Cancellations will be penalized as follows: according to the time in which they are carried out. b. The cancellation is made only through the Allied Commercial Center or, failing that, you should notify ferreterias.com only when the MARKETPLACE Center Tool does not allow you to cancel the order. The Commercial Partner may cancel the order(s) within 2 business days after receiving notification of the entry of an order. In case the cancellation is made by the Commercial Partner before the maximum dispatch date, the It will be penalized with the full commission, considering it as a sold product. (Review #17 specifications on penalties) c. If the Commercial Partner cannot fulfill the order before the maximum dispatch date, it must notify ferreterias.com. If there is no prior communication, ferreterias.com has the power to cancel an order. In this case, the Commercial Partner will be penalized 150% of the commission. (Review #17 specifications on penalties) d. If the Commercial Partner cancels the order(s) after the extended maximum dispatch date, the Commercial Partner will be penalized with 200% of the commission. ferreterias.com has the power to decide to end its commercial relationship with the Commercial Partner if it repeats its poor operational performance. (Review #17 specifications on penalties)
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12.7.2. Cancellations by ferreterias.com: a. If the Commercial Ally does not comply with the above, ferreterias.com will have the right to cancel the corresponding order. In this case, ferreterias.com will proceed to reverse the payment of the money it has received from the buyer within a period of seven (7) business days. Notwithstanding this, in such event ferreterias.com will accrue the Commission established for the provision of its services and will deduct it from the next money transfer made to the Commercial Partner or charge it directly to the latter, at its sole discretion. Without prejudice to the foregoing, in the event that the Consumer demands the Product and ferreterias.com is able to obtain it on the market, it may at its sole discretion require the Commercial Partner to deliver the Product or purchase said Product from a third party and collect the value paid to the Commercial Ally. ferreterias.com may, at its discretion, provide buyers with sums of money or coupons to be redeemed on the Portal as compensation for the Commercial Partner's failure to comply. “The Commercial Partner is obliged to cover these values to ferreterias.com, after the communication of the error generated and charged in its next billing.” b. ferreterias.com could decide to cancel the order(s) that have been generated due to System errors without this applying any type of penalty to the Commercial Partner. ferreterias.com must communicate the cancellation of the order(s) to the Commercial Partner.
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12.7.3. Cancellations due to accident of the Delivery Driver (ferreterias.com's own delivery drivers) or In the event that the Transport Company Contracted by ferreterias.com indicates that during transportation the product(s) suffered damage or loss, ferreterias.com will proceed to cancel the order(s) and notify El Alado Comercial and this will be treated as a completed sale for payment purposes.
13. MARKETPLACE Center tool. ferreterias.com has made available to the Commercial Partners of the Marketplace Service, in those events in which it has been possible, a remote tool thatand allows them to control sales and inventories of the Products offered on the Portal (hereinafter, the “MARKETPLACE Center Tool”). The Commercial Partner declares and accepts that the MARKETPLACE Center Tool has been made available unilaterally by ferreterias.com and that its use may be discontinued at any time at the sole discretion of ferreterias.com. The Commercial Partner also declares and accepts that ferreterias.com is not responsible in any way towards the Commercial Partner or its buyers for: (i) the use given to the MARKETPLACE Center Tool, either directly or through the users who designate, (ii) inconsistencies or lack of updating of the information included in the MARKETPLACE Center Tool by the Commercial Partner or the users designated for this purpose; (iii) the certainty and precision of the information included in the MARKETPLACE Center Tool by the Commercial Partner or the users designated for this purpose; (iv) the uninterrupted operation of the MARKETPLACE Center Tool; or (v) the integrity of the information once integrated into the MARKETPLACE Center Tool or its backup. In this sense, the Commercial Partner declares and accepts that it is solely responsible before ferreterias.com and the buyers regarding the information of the Products, whether it is included in the MARKETPLACE Center Tool or not, and for the adequate safeguarding. of your commercial information outside of said tool. The Commercial Partner will be solely responsible for maintaining the security of the password that ferreterias.com gives them to use the MARKETPLACE Center Tool and may not reveal such password to any other person other than the use of this password. The Commercial Partner will be solely responsible for any misuse of its password and is obliged to notify ferreterias.com as soon as it becomes aware of any inappropriate use that has been given to it and must compensate it for any damages and losses incurred. cause by this.
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13.1 Behavior evaluation of the Commercial Partner: ferreterias.com may evaluate the sales behavior, delivery compliance, delivery time, product quality, product inventory, and in general any situation regarding its performance (feedback). The above will be carried out at the sole discretion of ferreterias.com and when it is considered entirely satisfied, ferreterias.com may grant benefits to the Commercial Ally that will be made known to them through any written means or electronic communication.
13.2 Support for use and operation of the MARKETPLACE Center Tool: When the Commercial Partner, either at their own request, due to business urgency, and/or having detected failures in any section of the sale of the product (s), request or receive support from ferreterias.com in order to achieve the preparation and upload of its catalog (products), the Commercial Partner will be the sole and exclusive responsible for verifying that the data, images , description, precio or any other data related to the product is correct and you will be obliged to activate your products to be visible on the ferreterias.com page, separating ferreterias.com from the information that is published.
14. Shipping, Returns and Cancellations and Guarantees Policies. The Commercial Partner fully accepts the Shipping, Returns, Cancellations and Guarantees Policies, available at https://ferreterias.com/sp/terminos-de-uso and declares to know them and agree with them. This information may be modified, expanded or complemented by supervening Annexes, which, if applicable, will be made known to the Commercial Partner by of ferreterias.com. The above will not be understood as a supplementary but as a complementary document. The Commercial Partner undertakes to respect this policy. If it does not do so, ferreterias.com reserves the right to terminate the relationship with the Commercial Ally. The Commercial Ally agrees that ferreterias.com will be the only point of contact with the buyer regarding the management of any issue related to the Shipping, Returns and Cancellation Policies and agrees not to have any contact with the buyers for no reason and under no circumstances, except expressly authorized in writing by ferreterias.com, as in the case that the delivery of the Products is made by the commercial Ally itself without using a Transport Company Contracted by ferreterias.com; and in the case of the regular warranty claim process by the client.
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15. Additional Obligations of the Commercial Partner. The Commercial Partner agrees that in addition to the obligations provided for in the various provisions of these terms and conditions, it is obliged to:</ span>
a. Inform ferreterias.com daily via the MARKETPLACE Center Tool (or if you do not have this service, via email), the volume of available inventory of the Products. b. No use as your own the ferreterias.com brand or other brands or industrial or intellectual property rights registered by ferreterias.com, except within the framework of this Agreement.
c. Honor the warranty granted to the Product(s) and issue the corresponding invoices to Buyers in accordance with the provisions of current applicable laws
d. Respond and remedy any conflict or complaint presented by the client against ferreterias.com for issues mentioned above and that violate ferreterias.com in the presence of a lawsuit, authority , requirement, complaint or any other procedure in which ferreterias.com is affected by faults or carelessness of the Commercial Partner.
e. Deliver the Products in perfect condition, with strict compliance with the technical conditions offered, perfectly packaged, packaged, bagged, as appropriate, in perfect working order, technical specifications of each Product and in compliance with the highest quality standards and in compliance with all requirements applicable to its nature, including, but not limited to, phytosanitary requirements, copyright and industrial and intellectual property, advertising, labeling, price, labeling, weight, grammage, fiscal, consumer protection and health in general and those contained in the applicable legislation and the corresponding official Colombian standards. The same conditions must be met by the corresponding packaging.</ span>
f. Except for the shipment of the Products in cases where a Delivery Driver (ferreterias.com's own Delivery Drivers) or a Transport Company Contracted by ferreterias.com is not used, the Commercial Ally will not have direct communication with the buyer nor will it send him correspondence of any kind, including promotions or delivery of advertising material from the Commercial Ally, unless expressly stipulated to the contrary on the part of ferreterias.com, granted by a representative or legal representative with the power to The Commercial Partner understands and accepts that the personal data of the buyer delivered by ferreterias.com to the Commercial Partner may not be used for purposes other than the delivery of the Product(s) and under the strictest confidentiality and in compliance with these terms and conditions, with the Parties agreeing that such data is shared by ferreterias.com to the Commercial Ally under the figure of referral, so the Commercial Ally will act as manager, assuming all the obligations imposed as such by the Federal Law on Protection of Personal Data Held by Private Parties and its Regulations, including the obligation to delete customers' personal data once the process of shipping the Products is completed, as long as there is no legal provision requiring conservation. of personal data. Any treatment given to said information must comply with the applicable personal data protection regulations, in particular the Federal Law on Protection of Personal Data Held by Private Parties, its Regulations and the privacy notices of ferreterias.com, which have been delivered. to the Commercial Ally before the execution of this Contract. The obligations contained herein will survive the termination of the legal relationship between the Commercial Partner and ferreterias.com. Failure to comply with this obligation will entitle ferreterias.com to terminate the relationship with the Commercial Ally immediately and without any compensation in favor of the Commercial Ally and the Commercial Ally will be obliged to indemnify and hold ferreterias.com safe and sound. for any damage and loss caused by the Commercial Partner's failure to comply with its obligations set forth herein.
g. If the Commercial Partner decides to withdraw a Product included in the Marketplace Service from the market, it must express this in writing to ferreterias.com with one (1) business day's notice so that ferreterias.com proceeds to update the Portal. The above, as long as there are no purchase orders generated, which must be delivered to the client. Likewise, it is the responsibility of the Commercial Partner to avoid advertising products that it does not have in inventory to give full compliance with these Terms and Conditions.
h. The Commercial Partner must guarantee the availability of the Products, as well as the spare parts and maintenance that may be required. Otherwise, ferreterias.com will return the money to the customer. final only if the claim is within 7 (business days) after receipt of the product, so ferreterias.com may deduct said sum through a debit note in accordance with section 14 sections a), b) and c ) as appropriate. After said term, the Commercial Partner will be the one who responds in full with the client and under the competent regulations and authorities.
i. All brands of the Products that the Commercial Partner intends to market through the Marketplace Service must be previously registered with the competent authority and not infringe the rights of third parties. In case of If any conflict arises due to copyright or industrial or intellectual property, the Commercial Partner will assume all responsibility and costs derived from the defense of said claim and will hold ferreterias.com safe and sound from any costs associated with these and will indemnify it. all damages or losses that may be suffered as a consequence of the foregoing.
j. Make your best effort to adhere to the promotions, contests, discounts offered by ferreterias.com to customers.
k. If the Commercial Ally has a Web page, it will be made known to ferreterias.com and if so agreed by the parties, the Commercial Allymay include on said page a link that redirects to the Portal, respecting the provisions that apply regarding intellectual property and publishing it only on permitted sites that do not violate the image of ferreterias.com. The place and form of the Link will be agreed with ferreterias.com. l. Comply with the provisions of applicable legislation, including the Federal Consumer Protection Law and its Regulations.
15.1. DOL System: ferreterias.com reserves the right to limit daily orders directed to the Commercial Partner if the latter: (i) fails to comply with the guidelines contained in this document, (ii) shows behavior not in accordance with the ethical and quality standards in the processes established by ferreterias.com which could be, without limitation, sending an incomplete product, not sending missing parts or products to end consumers, ignoring repeated requests to complete a process, among other behaviors.
15.2 Declaration of ethical practices of “El Aliado Comercial”. El Aliado Comercial, its controlling companies, affiliates and subsidiaries, operators and employees, declares that they work in accordance with the strictest principles of legality. and honesty consisting of never offering, paying, requesting or accepting bribes or participation in any form, whether direct or indirect, nor participating in any type of corrupt activity, either directly or through a third party. If you become aware of any situation or receive unethical requests that violate the commercial practices and/or image of ferreterias.com COLOMBIA, the Commercial Ally, will immediately inform the email address: etica@ferreterias.com establishing the situation that arises, with the understanding that ferreterias.com will maintain absolute discretion in this matter. In the event of being caught carrying out any activity that violates the prestige and image of ferreterias.com, it may terminate its relationship with suppliers, Commercial Partners, agents, commission agents or third parties. that violate any of these principles.
15.3 Prohibition of propaganda or advertising by “The Commercial Ally”: The Commercial Ally or Commercial Ally agrees not to send by any means (in its own parcel or in ferreterias.com, emails, flyers, labels, messages, or any other) propaganda, advertising, coupons or any document, stamp or label for promotions or sales of its products or various products to end customers. If ferreterias.com will detect that the Commercial Partner fails to This clause reserves the right to: FIRST DETECTION (Strike #1) SECOND DETECTION (Strike #2) THIRD DETECTION (Strike #3) Last update date: 03-09-2016 Penalty of $10,000.00 dollars (Ten thousand dollars) ( equivalent to the local currency exchange rate of the country of sale) Penalty of $20,000.00 dollars (Twenty thousand dollars) (equivalent to the local currency exchange rate of the country of sale) The Commercial Partner will have absolute withdrawal from the use of the Marketplace tool and will be banned from continuing business on ferreterias.com .
16. Additional Obligations of ferreterias.com:
ferreterias.com agrees that in addition to the obligations provided for in the different provisions of these terms and conditions, it undertakes to:
a. Offer the Commercial Partner's Product(s) to all its Portal clients, without any restriction, except by applicable legal provision or order from a competent authority. b. Inform the Commercial Ally of the promotions and sales campaigns that it launches whenever it considers it so. The Commercial Ally adheres to them, under the conditions established by ferreterias.com. c. The Commercial Ally, knows and accepts that ferreterias.com may participate in affiliate programs, rewards or any other that results in benefit for the company, so the Commercial Partner will adhere to said programs, prior notification from ferreterias.com.
17. Penalties: The Commercial Partner agrees to cover and adhere to the penalties established in these terms and conditions, especially as indicated in paragraphs 12, section 12.7, numeral 14 and numeral 15, added to the fact that ferreterias.com will have full power to deny the use of the MARKETPLACE Center Tool for damages, problems and/or lack of compliance caused corresponding to the following sections:
17.1 For non-dispatch of Order: In accordance with what is stated in section 14, after the Cancellation and having verified the specific case, the procedure will be according to the scale to penalize for the impact generated .
17.2 Due to stock out of Order: If the Commercial Partner cancels the orders from the Commercial Partner Center due to lack of stock, this order will be penalized depending on the stage in which If the order is cancelled, the penalty may be 100% if the order is canceled before the maximum shipping date; 150% of the commission will be charged if the order is canceled within 48 hours from the date maximum dispatch, if the order is canceled outside this date, 200% of the commission is charged.
17.3. Due to non-delivery of the product on time: If the seller does not ship the products within the assigned times, ferreterias.com reserves the right to cancel the order. Depending on the stage in which the order is canceled, the penalty may be 100% if the order is canceled before the maximum dispatch date; 150% of the commission will be charged if the order is canceled within 48 hours from of the maximum dispatch date, if the order is canceled outside this date, 200% of the commission is charged.
17.3.1 For Return of the Order for reasons attributable to the Commercial Partner: Last update date: 03-09-2016 In case an order is returned by the client for the following reasons : Defective product, accessories are missing, it is not the purchased product; the Commercial Partner will be penalized by charging 80% of the commission.
17.4 By product quality: Corresponding to the quality of the product indicated in 12.1 and the impact that may arise in the event of a Customer Service Claim and/or Administrative Complaint, this will assume expressly the Administrative actions and pronouncements (Fines) by the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI), in direct relation to situations of Arbitrary Cancellation without notice to the client, Price Error, Expenses related to the reimbursement and payment of costs and costs of the procedure, as well as external acquisitions (hunting) and/or compensation coupons.
18. Taxes. The Commercial Partner will be exclusively responsible for the declaration, withholding and payment of all its taxes, including applicable tariffs in accordance with the laws, regulations or any applicable ordinance in force, as well as the issuance of corresponding invoices for sales made through the FerreTeeria Marketplace platform.s.com.
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19. Confidentiality. The Commercial Partner acknowledges and accepts that the information it receives about the Marketplace Service, its marketing design, the software, the Portal, information not known to the public, and all other information that is provided by ferreterias.com under the character of confidential, is confidential information of exclusive property of ferreterias.com, which the Commercial Partner must use in a reasonable manner and exclusively for the purposes contained in these terms and conditions, and may not appropriate it, copy it, use it outside of the relationship it maintains with ferreterias.com, nor disclose it in any way. Said information includes, without limitation, financial, commercial, virtual, technical information, methods, customer information - such as their personal data - or other Commercial Allies and subcontractors, among others. The Commercial Ally will not advertise using the name of ferreterias.com, its registered trademarks, unless expressly authorized in writing and will refrain from: (i) commenting, discussing, or making known in any way such confidential information to third parties. unauthorized, among others, to officials, employees or contractors of companies competing with ferreterias.com, (ii) use, exploit or commercialize said confidential information, directly or indirectly or in any way for their own benefit or for the benefit of third parties, and (iii) reveal or disclose said confidential information to persons, organizations, entities, for any reason or purpose, unless expressly authorized by ferreterias.com and for the fulfillment of the purpose of the Marketplace Service and these terms and conditions. If the Commercial Ally does not comply with the obligation of confidentiality provided here, directly or indirectly, it will be responsible for all the damages and losses caused to ferreterias.com for such reason, so it must remove it in peace and safety. This obligation binds directors, employees, dependents, contractors and subsidiary and affiliated companies of the Commercial Partner and will govern after the termination of this Contract. In the event that “ferreterias.com” is required by a competent administrative or judicial authority, in order to provide any “Confidential Information”, it will notify said situation to the Commercial Ally, so that the latter is in a position to carry out those acts that are appropriate to its right, including obtaining an adequate protection order, precautionary measure or other appropriate remedies, in order to prevent the disclosure of the “Confidential Information”. Likewise, and in compliance with the Federal Law on Protection of Data Held by Private Parties, the “Commercial Partner” voluntarily provides ferreterias.com with its data and accepts that it can transfer them with the necessary care to carry out the business. if that were the case.
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< p class="MsoNormal" style="mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; margin-left: 35.4pt; text-align: justify; text-indent: -35.4pt; line-height: normal;">20. Language. The language of these terms and conditions and their related documents is Spanish, which in any case will prevail over translations or versions in another language.
21. Currency. The offer of the Products under the Marketplace Service will be made in COP pesos and/or USD dollars and announced with said nomenclature, legal tender in COLOMBIA, price that the client will pay in this currency. Transfers made by ferreterias.com to the Commercial Ally will also be made in COP pesos and/or dollars depending on the country in which the contract was made.
22. Frauds. ferreterias.com assumes the risk of fraud carried out with credit cards, that is, the value of payments made with cloned or stolen cards or by unauthorized persons or any other type of fraud committed with credit cards. However, ferreterias.com will receive the payments made without responsibility for their origin, understanding that the operations and origin of payments are at all times of legal origin.</span >
23. Compensation. ferreterias.com guarantees the correct design of the software, the Portal and the pages referred to in these terms and conditions. However, it does not guarantee minimum availability nor is it liable for system failures, crashes, errors or inconsistencies, nor any situation caused by unforeseeable circumstances or force majeure. The Commercial Partner agrees to assume all the costs of any audit for the taxes it is responsible for and for sanctions and fines. established by the tax or customs authority, and will assume the reasonable legal costs incurred by ferreterias.com in its defense on the occasion of these investigations or as a result of these and will remove it in peace and safety and will compensate for the damages and losses suffered as a consequence. The Commercial Ally will assume the legal defense of ferreterias.com and is obliged to remove it peacefully andsave and indemnify you from all damages and losses suffered by ferreterias.com or by its directors, employees, advisors and companies linked to ferreterias.com, for any claim or demand of a buyer or a third party in relation to damages or losses that they have origin in the information uploaded to the Marketplace Service by the Commercial Partner, the Products, and non-compliance with the conditions of sale and delivery thereof, among others, whether the Products have been delivered to the buyer or not. Within the applicable legal framework, ferreterias.com will not assume any responsibility arising from the warranty of the Products purchased by buyers. In this sense, the Commercial Ally will hold harmless and indemnify ferreterias.com for any claim, complaint, investigation, sanction or penalty or equivalent process, which must be assumed by ferreterias.com as a consequence of said guarantee. In any case, ferreterias.com will not assume in any case Last update date: 03-09-2016 express or implied guarantees regarding the Products, nor costs or expenses associated or derived from the request to make it effective by the buyers, nor those derived from non-compliance thereof; all of which may be deducted from the amounts to which the Commercial Partner is entitled for the sale of its Products or must be reimbursed by the Commercial Partner to ferreterias.com immediately when requested. In the event that any competent authority imposes a sanction on ferreterias.com due to the use, sale, availability or lack of registration and/or legal certification of any Product, in the publication of the quantities offered, or equivalent circumstance, the Commercial Ally must be fully responsible for the same and for the expenses generated for the resolution of said sanction, or the complaint that it gives rise to, and will remove ferreterias.com in peace and safety and will indemnify it for the damages and losses that I will suffer. The Commercial Partner will assume exclusive responsibility for not delivering the Product, for untimely delivery, for wrong delivery, for the loss of the Product or for its delivery to an unknown location, and will remove ferreterias.com in peace and safety and will compensate for any damages suffered by any claim arising from such breaches. ferreterias.com will under no circumstances be liable to the Commercial Partner or third parties for non-contractual liability that may arise from the use of the Marketplace Service by the Commercial Partner. In general, the Commercial Ally must remove ferreterias.com in peace and safety and indemnify it for all damages, losses and expenses incurred as a result of the Commercial Ally's failure to comply with its obligations and duties established in these terms and conditions and/or in any order, or of falsehood in its statements.
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24. Nature of the Contractual Relationship. Each of the Parties acknowledges and accepts that the use of the Marketplace Service by the Commercial Partner and the provision of the Marketplace Service by FerreTeerias. com does not give rise to an association contract between them, and in no case can it be interpreted nor can it lead to establishing partnership relations, joint venture, employment contract, or any other of that nature. The relationship between the Commercial Partner and FerreTeerias .com is not a partnership, mandate, labor, or commercial commission contract and cannot be interpreted in a manner that leads to the application of these contractual figures. In accordance with the foregoing, neither of the Parties may act or contract obligations on behalf of the other Party. Each of the Parties has its own personnel trained to comply with its obligations established herein. As such, the Parties release each other and undertake to settle in peaceand safe and indemnify the other Party from all damages and losses suffered as a consequence of the labor responsibility that in its capacity as employer it has towards its employees, and of another nature. Each party is the employer of its own employees and as such they are obliged to comply with their own obligations in accordance with the Federal Labor Law and other applicable legislation, as well as to pay the respective taxes and fees and make withholdings from salaries. of its own employees. ferreterias.com will not be responsible to the Commercial Partner or any third party for the cost or recovery of any investment made by the Commercial Partner or its affiliates or partners or shareholders in relation to the Marketplace Service, nor for any loss of profit, income, business, information, punitive or consequential damages arising from or related thereto.
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25. Applicable Law and Jurisdiction. These terms and conditions and any communication, by whatever means used related to the Marketplace Service and the actions derived from it, are will be governed by the laws of COLOMBIA and will be subject to the jurisdiction of the competent courts in COLOMBIA, the Parties waiving any other jurisdiction that may correspond to them due to their present or future domiciles or for any other reason.
26. Term. The Commercial Partner agrees to be bound to use the Marketplace Service for an initial mandatory period of six (6) months from the date the Commercial Partner accepts these terms and conditions in accordance with what is indicated in section 1. Above, whose expiration will be extended for equal periods, unless you express to ferreterias.com, in advance of fifteen (15) calendar days, your desire to terminate your relationship with ferreterias.com, without prejudice to the fact that in that case the obligations and rights that are in progress must be terminated in accordance with the provisions of these terms and conditions and any corresponding communication or tool. The Parties agree that they will survive the termination of the relationship. between the Parties the provisions contained herein regarding: (i) returns and guarantees of the Products, (ii) confidentiality and protection of personal data, (iii) penalties, (iv) obligations to indemnify and remove in peace and safety, and ( v) the nature of the contractual relationship between the Parties and the obligation of non-contracting of the Commercial Ally indicated in the next section. Without prejudice to the foregoing, ferreterias.com reserves the right to decode the Commercial Partner's Products at any time and without prior notification and is entitled to unilaterally terminate its relationship with the supplier at any time in terms of what is stated in section 4. Of these terms and conditions.
27. No Contracting. The Commercial Partner undertakes, during the term of its relationship with ferreterias.com and for an additional period of 5 (five) years, not to offer, contract or request the services independently or subordinately of any of the employees and/or service providers of ferreterias.com and/or its affiliates and/or the subcontractors that provide specialized services and/or its subsidiaries. breach of this provision, the Commercial Partner will cover ferreterias.com as a conventional penalty an amount equivalent to two (2) years of the amount of the salary or compensation of the individual in question at the time the breach occurs.
28. Termination due to Non-Compliance of the Commercial Partner. ferreterias.com may terminate this Contract immediately, without liability and without the need for any judicial resolution by means of a simple written notification to the Partner. Commercial in the event that it fails to comply with any of its obligations established in these terms and conditions, including, but not limited to, in the event of: (i) breach of warranty and technical service obligations, (ii) breach of delivery times. dispatch, (iii) non-compliance with legal requirements, (iv) non-compliance with the obligations to maintain Product inventories, and (v) non-compliance with timely information Last update date: 03-09-2016 of the depletion of the Products; in in which case the Commercial Ally must compensate ferreterias.com for all damages and losses caused as a result of the Commercial Ally's non-compliance. These Terms and Conditions bind the parties in all their content and will be considered accepted at the time of clicking on the acceptance button on the website. Additionally, the Commercial Partner must meet the requirements, data, information and If applicable, minimum documentation required in the “sign up” process. If you do not comply with this requirement, ferreterias.com will be able to not start a commercial relationship. If modified, these will be updated on the page www.ferreterias.com ANNEX “A” REFERRING TO THE NINTH NUMBER OF THE TERMS AND CONDITIONS - ferreterias.com MARKETPLACE Through this Annex, the “Commercial Partner” who acts as “Client” is declared. ”, have full knowledge and powers to be bound by the Contractual and Commercial relationship wishing to promote sales of the goods that are included in the online catalog located on the website https://ferreterias.com, as well as all other products that from time to time are integrated into the aforementioned online catalog (said goods, the “Products”), granting ferreterias.com the powers of “Commission Agent” 1. Amount of Consideration: As consideration for the provision of the Marketplace Service, the Commercial Ally will cover ferreterias.com a commission for the servicesios provided by ferreterias.com, which will be established in each signed contract. percent on the total value of the product or products and that results before the Value Added Tax, being that it is the Commercial Partner who absorbs said tax (hereinafter, the “Commission”). 2. Frequency of Payment and Collection of the Commission: Once the sale of the product or products begins, ferreterias.com will be the depositary of the payments made by the end user (person who makes purchases on the website from ferreterias.com); and will be the one who, through the verification process that will be carried out every 7 days on Thursdays of said sales, will notify the Commercial Partner of the total amount resulting from the sales made or the product (s) delivered on the verification date, as the case may be, each , sending by bank deposit to the account established and provided by the “Commercial Partner”, what results from the sum of said sales or products delivered (as agreed), less the percentage established in the Third section plus the Value Added Tax , issuing the invoice that endorses said operation by the Commercial Commission Service. 3. Procedure and scheme for payment and collection of the Commission: The commission will be deducted by ferreterias.com from the sums that the Commercial Partner is entitled to receive for the sale and delivery of its Products (according to the SKU that corresponds to it) , with the periodicity provided for in this document and taking as a basis for its calculation the total value of the Products (as mentioned in the previous paragraph); with the understanding that the total value of the Product is made up of its price, plus its shipping cost. In the event that the list of Products according to the category varies, the Commercial Partner must send an update to ferreterias.com via email with the new list and the Parties must agree in writing on the amount of the Commission for the new Products. ferreterias.com will make payment for the products sold by the Commercial Partner in accordance with the following procedure and after verification: a) The Commercial Partner will be paid for the product paid by the client, delivered to the client and for which the corresponding invoice has been issued to the client. by the Commercial Partner (if the client so requires at the time of making the purchase), and the Commercial Partner must issue said invoice at the time of the operation. b) The Commercial Partner will be paid for the product paid by the client, and delivered to the client within the aforementioned process as long as the client does not request their invoice within the time established in the Terms and Conditions of Marketplace Sale published on the FerreTeerias portal. com. It is necessary to mention that the Commercial Partner must always comply with the issuance of invoices that are requested by the client in accordance with current applicable legislation. In the event that there are Products in which their category varies and there are others in which they do not vary, they must in any way be included in the list of product categories that is sent updated in order to have the total applicable document. 1. In case of debts on the part of the Commercial Partner: The Commercial Partner agrees that any sum owed to ferreterias.com by the Commercial Partner may be offset against the sums that the Commercial Partner is entitled to receive from the sale or delivery of your Products to the Portal's customers. h. For the purposes of amounts that must be delivered for sales, the Commercial Partner, through the MARKETPLACE Center Tool (or if it does not have this service, through electronic communication), must keep the inventory and prices of the list of Products offered with updated. the specifications provided above, with the Commercial Partner being solely responsible for any damages caused to ferreterias.com for not complying with the provisions. Likewise, the price of the Products for the Marketplace Service will be determined by the Commercial Partner, always adhering to the applicable legislation, including the Federal Consumer Protection Law and the Federal Law of Last update date: 09-03- 2016 Economic Competition. If any damage occurs due to illegal price manipulation by the Commercial Partner, it will be responsible and must compensate and hold ferreterias.com safe and sound for this reason. Yo. The risk of loss of the Products will be assumed by the Commercial Partner until they are delivered to the buyer, and the commission will be paid to ferreterias.com for the mere fact of the sale of the product, not until it is delivered. 2. Billing: The Commercial Partner will be solely responsible for issuing the corresponding receipts or invoices for its sales to final consumers, covering all the obligations that this entails foryes and for the final consumer. ferreterias.com will only issue the corresponding invoice for the “Marketplace” Service provided, which will contemplate the agreed Commission percentage plus the Value Added Tax and the Commercial Partner will have exclusively three business days after its issuance to request any clarification.
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