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TERMS AND CONDITIONS OF USE CUSTOMERS

ferreterias.com

These TERMS AND CONDITIONS OF USE CLIENTS govern the use that any natural or legal person, or representative in any form thereof, makes the Portal and the Services provided by COMERLIA SAS (hereinafter “ferreterias.com”). This document contains legal information that we recommend you read completely in conjunction with the Privacy Policy. By approving these CUSTOMER TERMS AND CONDITIONS OF USE, it is understood that the User has read, understood and accepted them, in all their parts, and understands that these are legally binding. Therefore, the User accepts the conditions of use and exploitation of the Portal, Content and Services. If CLIENTS do not agree with these TERMS AND CONDITIONS OF USE, the User must refrain from using any service under the Portal.

These TERMS AND CONDITIONS OF USE CUSTOMERS take effect from their publication on October 26 2023.

1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE CUSTOMERS

By creating a Profile and/or using the Services available on the Portal , the User accepts all the CLIENT TERMS AND CONDITIONS OF USE contained herein and the Privacy Policy of ferreterias.com Likewise, it is understood that he accepts the other operating rules, policies and procedures of the Services that are published by ferreterias.com in the Portal. Some services offered on the Portal may be subject to additional CUSTOMER TERMS AND CONDITIONS OF USE applicable to said Services, Promotions or specific Products that will be published on the Portal for each case. In the event that the User wishes not to accept any or all of the TERMS AND CONDITIONS OF USE CLIENTS must refrain from accepting them and/or must refrain from using in any way the Services offered by ferreterias.com or making use of the Portal.

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2. DEFINITIONS

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Terms whose first letter is capitalized (except when it is exclusively because they begin a sentence or whether it is a proper noun), have the meaning assigned to them below:

Benefit(s): means the promotions and/or discounts that are granted to the User with the objective of providing better prices, conditions or benefits to them.< o:p>

The Customer Terms and Conditions of each Benefit will remain published while they are in force and five ( 5) after expiration.

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Check Out: Refers to the order confirmation process. At Check Out, the User will view and confirm, among others, the delivery address, the requested delivery time slot according to availability, the total to pay, discounts applied to the order, payment method, products ordered and quantities.

Content: means all types of information, whether graphic or written, images, audio and video, including, but not limited to, location, advertisements, comments, news, data, scripts, graphics , drawings or images, texts, design, diagrams, maps and interactive features presented by ferreterias.com on the Portal and on any channel managed by ferreterias.com (and any underlying computer software and codes), as well as computer programs or algorithms, programming modules, operation manuals, whether said Content is generated, provided or in any other way produced or supplied by ferreterias.com, the Users or third parties on its Portal.

Commercial Partner: Refers to any third party that offers its Products and/or Services through the HARDWARE Portal. COM via Marketplace mode.

Equipment: means mobile phones and smartphones, tablets, computers and/or any other equipment or electronic device by which the Portal can be accessed.

Express: Delivery method for Products purchased on the Portal by virtue of which Users are offered delivery times deliveries of ninety (90) minutes or less.

Marketplace: Refers to the Service provided by ferreterias.com to the Commercial Partner, under which ferreterias.com allows different Commercial Ally the use of its Portal for marketing the Products of said Commercial Ally.

User Material: means all kinds of photographs, videos, images, writings, texts, comments, communications or other content generated by Users or by third parties, which have been uploaded to the Portal and/or to any channel managed by ferreterias.com.

ferreterias.com: means COMERLIA SAS.

Purchase Order: means the particular request of a User for the purchase of certain Products through the Portal.

Profile: means the unique personal account created by each User who certifies registration on the Portal, based on the information personal provided by the same to ferreterias.com, which may include your name, surname, ID number, date of birth, address, telephone number, username, email and password or in the case of legal entities, a reason will also be requested. company name, NIT, address and/or any other data that is required by ferreterias.com for the purposes of its operation, including but not limited to the issuance of electronic invoices.

Portal: means the website (www.ferreterias.com.com), or any other portal that may become created by ferreterias.com, mobile applications and Portals operated by ferreterias.com, through which Users may access the Services.

Privacy Policy: means the privacy policy and personal data processing of ferreterias.com, which is published on the Portal.

Product(s) or Service(s): means all products offered on the Portal including, but not limited to food, basic family basket goods, groceries, beverages, alcoholic beverages, hygiene, beauty, mass consumption, technology, toys, pets, books, magazines, appliances, other food items and/or any other article, product or service that are available on the Portal, including products marketed by other Commercial Partners through the Marketplace business unit.

Prepared Product(s): They correspond to those food products offered by a Commercial Partner that for sale to a User have been mixed with other ingredients, prepared, intervened, cooked, transformed and, in general, on which the Commercial Partner has carried out a mixing or preparation process that turns them into a final product to be marketed and consumed.

PQRS: means the Customer Service Area of ferreterias.com.

Programmed: Delivery method for the Products purchased by Users in which ferreterias.com offers date and time slots for delivery, as available at the Customer's option at the time of closing the Purchase Order.

Selected Date: Delivery method for the Products purchased by Users in which the User or Clients choose the delivery date the next day after the purchase date and at the time of closing the Purchase Order.

Store: Refers to the virtual space occupied by each of the Commercial Partners within the ferreterias.com Portal in depending on the Products offered for sale, in such a way that each Commercial Partner, as well as ferreterias.com have their own “Store” within the Portal.

TERMS AND CONDITIONS OF USE CUSTOMERS, Terms of Use or T&C:means these Customer Terms and Conditions that are updated from from time to time by ferreterias.com and published for User consultation on the Portal, whose acceptance by the User is understood through the use of the Portal.

Transporter(s): means the individuals and/or External companies that provide the transportation and delivery services of the Products to Users on behalf of ferreterias.com and/or the Commercial Partners and, if applicable, the collection of the purchase price.

User: means any natural person who uses and/or is registered on the Portal or has created a profile in it.

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3. USER ACCOUNT

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The person who creates a profile with their personal data is the only person authorized to access to the Portal through said User. The User is responsible for maintaining the confidentiality of any password or account number provided by the User or ferreterias.com to access the Portal and/or their Profile. The Profile of each User is non-transferable and can only be used by the User who created it with their personal data and must not be shared or used by third parties. Each User is solely and completely responsible for all activities that occur under his or her password, account or Profile. ferreterias.com has no control or responsibility over the use of a User's account and expressly waives any liability derived from it. In the event that a User suspects that a third party may be accessing the Portal under their User account or using their password in an unauthorized manner, they will be responsible for changing their password immediately and must notify ferreterias.com immediately in order to restrict such access. If a User forgets their password, they may request that it be updated through the Portal.

Each User is solely responsible for the veracity and accuracy of the information provided at the time of the creation of the User, including the veracity of their personal data that will be used by ferreterias.com among others, for billing purposes. Any inaccuracy, error, lack of truthfulness or falsity of the information provided will be the exclusive responsibility of the User since ferreterias.com does not assume any responsibility for the validation of the information provided and expressly renounces any responsibility derived from it.

All information provided by the User in the creation of their Profile must be real, truthful and correct and by providing said information the User authorizes ferreterias.com to validate it by any available means and to act as it deems best in events that detect the potential for fraud or falsehood.

The creation of multiple Profiles associated with the same natural or legal person or the alteration of some identity data in order to circumvent any restriction. Likewise, the creation of multiple Profiles by the same person associated with the same delivery address is prohibited, with or without the intention of taking advantage of any type of benefit, discount, promotion or activity promoted by ferreterias.com or a Commercial Partner. or third parties, clients, allies or suppliers of ferreterias.com.

If the creation of multiple Profiles associated with the same natural or legal person is identified, ferreterias.com may block said Users, Profiles, emails and residence addresses and may carry out the cancellation of Purchase Orders in progress and/or including Users or their personal information in restrictive lists of the Portal that limit or restrict access to the Services partially or permanently in the opinion of ferreterias.com.

By using the Portal the User expressly accepts and consents to the use of their personal data in accordance with the Privacy Policy, so that ferreterias.com (or the third parties designated by ferreterias.com for this purpose) make use of it, among others, for calls, order information, sending text messages and notifications by WhatsApp, sending emails in order to offer available services or promotions including advertising and marketing information. The User may choose not to receive text messages, WhatsApp notifications and/or emails from ferreterias.com by sending an email to customerservice@ferreterias.com informing your desire not to be contacted for advertising or marketing purposes. In any case, the User's personal data will be used by ferreterias.com for operational and logistical purposes of the state and delivery of its Products and/or Services. Likewise, the User can manage their notifications from the Portal in the Profile section.

4. RELEASE OF LIABILITY OF ferreterias.com FOR IMPROPER PROVISION OF INFORMATION BY THE USER.

The delivery of information by the User for the creation of their Profile and/or the Information necessary to access any Product or Service will be the sole responsibility of the User. Errors in writing, filling out and veracity of the information will not generate any liability for ferreterias.com and the User will be solely responsible for the consequences that the improper provision of information may generate in the provision of the Services or Products. The User will be solely responsible for assuming the additional costs incurred to change incorrect information, if applicable. To request the change you must write an email to clientservice@ferreterias.com expressly including the request for change or correction. The User declares that he or she is aware that the improper proportion of information may impact the delivery times of the Products and/or Services included in the Purchase Order, and may even generate its cancellation by ferreterias.com.

The User acknowledges that in accordance with current legislation there are Products, such as alcoholic beverages, that for their acquisition or consumption must be acquired by people of legal age. The User certifies that the information about the age of majority provided in their Profile is real and is responsible for strictly complying with what is defined in section 6 below.

5. PURCHASE PROCESS

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5.1. COVERAGE

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The specific coverage of the Services offered by ferreterias.com may vary depending on the logistical scope with which ferreterias.com or the Commercial Partners count on to make the respective deliveries of the purchases made by their Users. This geographical coverage is identified in the Portal in advance, when requesting a Product or Service. Additionally, ferreterias.com has the power to unilaterally modify these coverages at any time as provided in the Portal. Users may, from time to time, verify the coverage area and the feasibility of receiving their Product or Service at a specific address, city or locality by accessing the Portal, for this the User must enter the data of the real address. and exactly where you will receive the Purchase Order on the Portal, verifying that the geographical location is correct.

5.2. AVAILABILITY OF PRODUCTS AND/OR SERVICES

For those products shipped by ferreterias.com available in the Scheduled and Express Stores, the Products presented on the Portal are updated with respect to the real inventories of ferreterias.com, if they do not exist at the time of placing a Purchase Order, directly or in allied locations, ferreterias.com will exclude the Product or Service missing part of the Purchase Order and will refrain from making the payment or will proceed to refund the Product or Service not available as explained below. The exclusion of a missing Product and/or Service is evidenced in favor of the User in the status of their Purchase Order on the Portal. Money refund processes will be subject to the particular procedures for this purpose, including the procedures and times of the participating banking institutions.

The availability of Products offered under the Marketplace mechanism is the exclusive responsibility of each of the Commercial ally according to their own inventory. In the event of any shortage notified by said Commercial Partner, ferreterias.com will exclude the missing Product or Service from the Purchase Order and will refrain from charging or will proceed to refund the unavailable Product or Service as explained below.

5.3. DELIVERY SCHEDULES AND HOME COST

Delivery times depend on the delivery method chosen by the User and the availability of the Product. Read https://ferreterias.com/es/content/1-entregas< /a>

The Express Service offers delivery of Products in ninety (90) minutes or less. For other delivery methods, the date and time of delivery of each Purchase Order will depend on the time slots selected by the Users at the time of Check Out, provided that this option is available. In the event that the Purchase Order includes various Products, some of which are marketed under the Marketplace modality, various deliveries may be required depending on the nature of each Product and the location of each Commercial Partner that supplies the different Products. The User accepts that there will be a different shipping cost depending on the Store they choose to purchase their Products and according to the chosen time slot, and if they choose to buy in more than one Store, they must pay the various shipping costs that are generated according to each Store modality and as indicated to the User in the Check-Out part before finalizing their purchase. The shipping cost of each Store may vary depending on the distance of the User from the Store, the weight and volume of the purchased good, among others. All shipping cost information is provided to the User on the Portal before completing their order.

The selected time slot corresponds to the time range in which the Carrier will deliver the Product and/or Service at the address indicated by the User. The delivery of the Products will have a cost indicated as the delivery cost, which varies according to the selected time slot, the city in which the purchase is made, the delivery and the Benefits (promotions and discounts) that apply to it, as well as the nature of the Products. The number of deliveries per time slot has a limited capacity, which is why ferreterias.com reserves the right to eliminate the availability of a slot on the Portal when it has reached its capacity limit or in accordance with its logistical needs. In these cases, the User will see on the Portal the slots that are available and their cost. In the event that incidents beyond ferreterias.com's control occur in the delivery city, such as marches, strikes, adverse weather conditions or accidents that affect mobility or the dispatch or delivery of the Products, ferreterias.com will do everything possible to deliver the Purchase Order with the shortest delay possible, however, it is not responsible for delays in delivery due to causes beyond its control or acts of third parties. Deliveries selected in the bands called “Same Day”, “Fast Delivery” and “Express” are subject to what is indicated above and will apply according to the indicated coverage areas.

For Products and Services purchased through the Marketplace system, the aforementioned rules will apply subject to the operating hours of each of the Commercial Allies, in which case the time slots available for delivery of said Products will be adjusted in accordance with the hours in which said Commercial Allied is open for dispatch of its Products. This information will always be visible to the User when completing a Purchase Order.

5.4. MINIMUM ORDER

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ferreterias.com on its Portal will indicate the minimum order value required to process an Order of Purchase, it may be updated by ferreterias.com from time to time and may vary for each Store and said information will always be visible to the User. This value will be indicated when the User includes items or products in the shopping cart before proceeding to Check Out. The value to meet the minimum order value restriction does not include the address value.

5.5. SELLING PRICE

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The price to be paid for each item included in the Purchase Order will be the price current on the Portal at the time of Check Out. In the event that the price is subject to a discount, the current price will be found without deletion. Any price with a strikethrough indicates a price that is not current.

Prices are not maintained before or after completing Check Out and at the event If the User wishes to make a change to their Purchase Order, or if the Check Out is not completed, the prices of each Product in force at the time of making the change or modification will be the prices available at that time.

It is made clear that for the Marketplace model the prices of the Products are defined by each of the Commercial Partners, and it is then possible to find similar Products offered by a Commercial Partner and by HARDWARE STORES. COM at the same time, with a differential sales price, subject to the commercial conditions of each Commercial Partner and the Benefits that one or the other is recognizing to the Users.

5.6. PAYMENT OF THE PURCHASE ORDER

5.6.1. Purchase Orders to which the Selected Date, Scheduled and Express mode, may be paid, among other payment methods to be included from time to time, in the following ways:

● Payment on delivery: Cash, NEQUI, DAVIPLATA and Datafono

● Online/Non-Person Payment: Visa, Mastercard, Codensa, Diners and Credit Card American Express (when available by the payment operator), or payment through PSE when enabled.

● Bonuses and Coupons: These are codes generated by ferreterias.com, associated with a promotional campaign in force at the time of purchase. They are equivalent to a certain amount of money in the currency of origin of each country and are redeemable only for purchases through Products available on the Portal. They cannot be combined with other coupons and/or credits and must be redeemed in full in a single purchase. They have an expiration date and are not redeemable for cash.
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5.6.2. For Purchase Orders placed through the Marketplace service, only online payments will be accepted through Credit Cards or the payment mechanisms that at the time of creation of the Purchase Order are enabled by ferreterias.com in the Portal for said Store and/or respective Product as approved by each Business Partner.

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Missing Products or Products without availability chosen by a User in a Purchase Order, will be excluded from it and its value will not be charged when possible, or in the events that the payment has already been processed, the respective value of the missing Product or Service will be refunded to the User using for this purpose the same means of payment used by the User for the purchase, unless a different refund agreement is reached with the User in accordance with the provisions of these Customer Terms and Conditions.

In the events that the return is partial and the payment has been made by credit card, the refund must be previously agreed between the User and ferreterias.com since the credit card payment Portals do not always accept partial refunds of payments or they may involve waiting times. superior refunds.

Regarding purchasing through of Marketplace, understanding the specialty of the Products marketed by the different Commercial Partners, in case there are shortages or products without availability, ferreterias.com may contact the User through PQRS with the aim of offering the exchange of said missing Products for any of the same or similar quality, reference, weight, or condition, which must be previously and expressly approved by the User. If the User does not accept this alternative, the procedure established above will be carried out.< o:p>

5.7. DELIVERY OF PURCHASE ORDERS

The Carrier will deliver the Purchase Order to the address indicated by the User to such an end. If the User is not at the indicated address, the order will be left with a third party available to receive said Product at the address indicated by the User, as long as the order is paid for or is paid by said third party.

In the event that no one is available to receive the Purchase Order, ferreterias.com will try to communicate by telephone with the User to indicate that their Purchase Order is ready for delivery. ferreterias.com, will make three attempts to communicate with the User by telephone, in the event that it does not receive a response from the User, it may, at its discretion, proceed to cancel the Purchase Order, a situation that will be reflected for the User in the status of your Purchase Order on the Portal or try to reschedule the delivery.

The verification of the status of the Products and/or Services and that the Purchase Order complies with what is requested, including its completeness, it can be done in two moments:

5.7.1 At the time of delivery of the Purchase Order, the User must review the status and content of this together with the Carrier, in order to verify and validate developments such as poor condition of a product, missing products, unrequested products. In the event of detecting any nonconformity, the Carrier will contact the ferreterias.com customer service to provide a solution to the User at the point.

If no news is found, the Carrier will notify the delivery as an accepted order, thus Thus, it is considered that the Purchase Order has been received to the satisfaction of the User, and no subsequent requests associated with findings described above that should have been made at the time will be received.

5.7.2. In cases where the User chooses the “contactless” delivery option, through the Portal at the time of generating the purchase, the User must review the status, completeness, expiration date, missing or leftover products. among others, the Products and/or Services contained in the Purchase Order and, in the event of any news mentioned about them, you must carry out the procedure in the times and manners established in section 8 of these Terms and Conditions. I use Clients.

In this event ferreterias.com will process the Users' claim requests in accordance with the procedure established in PQRS in order to offer a solution to the User.

In the event that the User cannot provide photographic proof, and/or return the products about which any inconsistency is alleged, ferreterias.com reserves the right not to accept claim requests for them. Therefore, the User must, to proceed with the claim, and in order to ensure its veracity, have photographic support of the alleged inconsistency, as well as the affected Products for their respective return.

ferreterias.com reserves the right to deny claims when in its opinion it can reasonably maintain that there are indications that they involve attempted fraud or abuse on the part of the User.

In all claim events, ferreterias.com reserves the right to demand from the User the return of the affected products as a precondition for compensation. The transportation costs associated with the delivery, collection and new delivery of products on which a situation of alteration is verified will be assumed by ferreterias.com, unless fraud or bad faith is established on the part of the User, in which case the cost transportation must be assumed by the User.

6. SPECIFIC RULES ON AGE OF MAJORITY

Users over 18 years of age who must expressly express their compliance with this condition on the Portal at the time of placing the Purchase Order in order to finalize it. The User will be solely responsible for the veracity of the confirmation of his or her age of majority on the Portal. The User must present evidence of legal age at the time of delivery of the Products. Therefore, the User releases both ferreterias.com, its directors, employees, subsidiaries, affiliates, agents and representatives, Commercial Allies, as well as the Carrier, from liability in the event of non-delivery of the Products due to lack of of accreditation of the User's age of majority and/or for the use of any false document or information in the User's profile.

7. CANCELLATION OF A PURCHASE ORDER

The following describes the procedures and causes for which the cancellation of an Order will proceed of Purchase by a User and/or ferreterias.com and the effects of this.

7.1 Timing for the cancellation of a Purchase Order by a User

The Cancellation of a Purchase Order made through any of the Stores available on the Portal may be carried out at no cost by Users from the moment of its creation and until before it is prepared by ferreterias.com or by the respective Commercial Partner for shipment. The status of each order will be visible to the User on the Portal. Therefore, no Purchase Order that is in a “ready”, “dispatched” or “delivered” state or under equivalent expressions may be canceled by the User through the Portal and will have to resort to other events described below.

7.2 Procedure for cancellation of a Purchase Order by a User.

In case you wish to cancel a Purchase Order until before it is enlisted by ferreterias.com or by the respective Commercial Partner for shipment, the User must manage the cancellation of the Purchase Order through the Portal through the “Help” section or through the email customerservice@ferreterias.com, cases in which the User must inform the cause for canceling the Purchase Order, this for internal monitoring purposes of ferreterias.com.

In this case the procedure will be the following:

A. The User at all times has access to review the status of their order on the Portal.

B. By requesting “Help”, the User has the option to cancel their order. When requesting cancellation, at the discretion of the Portal; The request may be automatically redirected to the email customerservice@ferreterias.com in order to follow up on the case or, in other cases, it will be the User who can autonomously self-manage the cancellation.

C. Once the User sends their request, ferreterias.com will send an automatic response confirming receipt of the request and proceeding to cancel the Purchase Order.

D. The User will see the cancellation of the Purchase Order reflected in their Profile. If for any operational reason the Purchase Order is also dispatched, the User must refrain from receiving it. If it is received and accepted, the total payment will be made. the same.

In the event that at the time of cancellation of the Purchase Order it had already been paid by the User in favor of ferreterias.com, the following alternatives will be offered to the User:

Refund of the value of the Purchase Order as established in section 9 hereof TERMS AND CONDITIONS OF USE CUSTOMERS.

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If the delivery of credits equivalent to the value of the Purchase Order is accepted by the User as established in section 9 of these TERMS AND CONDITIONS OF USE CLIENTS.

7.3. Cancellation of a Purchase Order by ferreterias.com

ferreterias.com reserves the right to cancel a Purchase Order for the following reasons:

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1. When, in your opinion, you consider that there is a violation of any of the CUSTOMER TERMS AND CONDITIONS OF USE contained herein, including, but not limited to: false information in a User Profile, creation of multiple Profiles, attempts to access one or more Benefits or promotions in violation of the applicable CUSTOMER TERMS AND CONDITIONS OF USE or on more than one occasion by the same User, incidents detected in bad faith in the return or request for reimbursement of money.

When, in your opinion, you consider that there is potential for fraud or any suspicious activity in the payment method used.

When the User performs recurring rescheduling on an Order Current purchase.

When the User fails to receive the Product in the established address and schedule, after attempting telephone communication with the User on three occasions.

ferreterias.com is not responsible to Users for the cancellation of a Purchase Order at any time or place and, in the event of payment for any Product that is cancelled, the value of the Product will be refunded according to the modalities provided in these T&C.

8. DAMAGED PRODUCTS, WRONG PRODUCT EXCHANGES AND SOLUTION FOR DAMAGED PRODUCT AND WRONG PRODUCT

8.1 General conditions for the exchange or return of damaged products.

The exchange or return of one or more Products included in a Purchase Order will only proceed when They are in a quality different from that offered by ferreterias.com or by that required by Colombian Law, that is, for the following reasons:

(i) Damaged products;

(ii) Incomplete products;

By virtue of what is established in Law 1480 – Consumer Statute, in these events the UsersThey will have the right to request the exchange and/or return of the Product that is the subject of the claim within the deadlines established here.

In the event of any return or exchange request for the reasons established above, after verification of PQRS of the situation that gives rise to the anomaly and the provision of photographic evidence by the User, the solutions established in section 8.3 will be offered at the User's discretion.

Once the situations described in section 8.1 have occurred and unless specific regulation for a certain nature of Products, a request for an exchange or return of Products by a User will be valid up to a maximum of twelve (12) hours after receiving the Product. The Products subject to exchange or return must retain the original packaging and conservation characteristics in which they were delivered. Returns are not accepted on products that have been opened or modified. For all changes or returns, the request must be made in writing through the customer service email servicealcliente@ferreterias.com or through the “Help” section of the Portal.

8.2 Term and conditions for the exchange or return of Products

(i) A request for change by a User will be valid up to twelve (12) hours after receipt of the Product. The Products subject to exchange must retain the original characteristics of packaging and conservation. Returns are not accepted on products that have been opened or modified or the maximum period of twelve (12) hours to request the exchange has expired.

(ii) For products with defects or defects

once the situations described in section 8.1 have occurred , a request for exchange or return of corresponding Products will be appropriate as long as there are faults or defects. The Products subject to exchange must retain the original packaging and conservation characteristics and as long as the product that presents a breakdown or damage is maintained for subsequent analysis by ferreterias.com or the respective Commercial Partner. At all times, the Product that is the subject of the complaint or claim must be made available to ferreterias.com for its respective return.

(iii)For Prepared Products with defects or failures Once the situations described in the numeral 8.1, a change request will be valid up to a maximum of thirty (30) minutes after receiving the Prepared Product and as long as it is present failures or defects attributable to causes beyond the control of the User. The Prepared Products subject to exchange must retain the original characteristics of packaging and conservation and as long as the product that presents a breakdown, damage or expiration for subsequent analysis by the Commercial Partner.

8.3 Changing Wrong Products

In the event that the Product delivered, regardless of its classification, is incorrect in accordance with the Order of Purchase, but the Product is in good condition and retains its original characteristics, the User may request a return or exchange of these. In the event of a change of the Product, ferreterias.com will proceed to schedule the collection and delivery of the new Products to the User, assuming at its expense the value of their transportation. In these cases, the wrong Products must be returned by the User in the same conditions in which they were delivered.

8.4 Solution for change or return events

In cases of exchange or return in which part or all of a Purchase Order purchased by If a User meets the requirements established in sections 8.1 and 8.2 above, the following solutions will be offered to the User, in which case the User, at his or her free discretion and leaving a record of said decision, may opt for any of these:

Refund of the monetary value of the Product that arrived in poor condition, expired or was incorrect. The date and time of collection of the products subject to exchange or return will be previously agreed with the User to proceed with the return.

Exchange of products that were delivered in poor condition, expired or erroneous, at no cost for the user. The date and time of the new delivery, as well as the collection of the exchanged products, will be previously agreed upon with the User.

If the delivery of credits equivalent to the value of the Products that arrived was accepted by the User in poor condition, expired or were incorrect. The date and time of collection of the products subject to exchange or return will be agreed with the User to proceed with the allocation of credits.

9. MONEY REFUND PROCESS

In the events whereIf the refund of money in favor of a User is appropriate, the following procedures will be applied:

9.1 Refund of money through the User's bank account

The User must contact the Customer Service area of ferreterias.com and request the return via bank transfer. The advisor in charge will ask the User to attach: Photocopy of the User's ID, at 150% and Certification of the User's bank account where the disbursement will be made.

In case the User wants the return to be made to the account of a third party other than the one who made the Purchase Order, in addition to the previous documents, they must attach: Photocopy of the ID of the account holder at 150%, Certification of the owner's bank account where the disbursement will be made.

User authorization letter authorizing ferreterias.com to make the respective return to the account of the third. The letter must contain Name of the bank account holder, Number, bank and type of bank account, ID number of the third party, signature of the User.

Authorization letter from the third party account holder authorizing the deposit to your account.

Once ferreterias.com receives all the documentation requested by the User, the Response time to make the refund effective will be between eight (8) and fifteen (15) business days depending on the banking entity. ferreterias.com is not responsible for the return times applicable to the various financial entities or for the time it takes for the transaction to be reflected in accordance with the policies of each of the financial entities.

9.2 Refund of money through the credit card used in the purchase

The User must contact the PQRS area of ferreterias.com and request the reversal of the transaction via credit card, this option applies if and only if the payment for the Purchase Order in question was paid through that payment method and will only be made to the same card used to execute the payment. ferreterias.com will proceed with the management of the return of the money to the corresponding credit card in accordance with the terms and procedures of the banking entity and the corresponding franchise, it being understood by the User that said deadlines are not within the scope of ferreterias.com .

10. RETRACT

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According to the provisions of articles 46 and 47 of Law 1480 of 2012, Statute of the Consumer, the maximum term to exercise the right of withdrawal will be five (5) business days from the delivery of the good. The right of withdrawal will only be effective as long as the product is not a good for personal use, is not a perishable good, does not correspond to goods that by their nature must be consumed within five (5) days, goods that cannot be consumed. span>

be returned or may deteriorate or expire quickly, do not present changes in their characteristics according with the conditions in which it was delivered, has not been used, there is no evidence of wear and does not present quality problems derived from use by the User.

In case of application of the right of withdrawal, the User must deliver the Product with all its accessories and original packaging to ferreterias.com who will verify the general condition of the Product, which must have no signs of use and must operate normally; If it does not comply with the specifications mentioned above, the product will be returned to the User and no withdrawal will be made.

If a User makes use of the right of withdrawal, the transportation costs and anything else that may entail The initial delivery and return of the Product will be assumed by the User. The value charged for the transportation of the product will be the same as that listed on the initial purchase invoice for the Product and, if transportation has been free; ferreterias.com will inform the User in advance of its value and the corresponding payment methods to schedule the collection.

In case you want to exercise the right of withdrawal and find yourself in the aforementioned parameters, The User must manage this process through the Portal through the “Help” section or through the email customerservice@ferreterias.com.

11. CREDITOS ferreterias.com APP

In the event that for any reason in accordance with the provisions of these TERMS AND CONDITIONS OF CUSTOMER USE Credits are assigned to a User for the development of future purchase operations through the Portal. The User declares to understand and accept that they may only be used through the Portal subject to the availability of inventory and territorial coverage. of the same and according to the conditions that apply for each Product and/or the Benefits. ferreterias.com credits in any case will have a specific maximum use date which will be communicated to the User. ferreterias.com credits are in no case redeemable in money or elements or goods other than those marketed through the Portal.

Credits within the ferreterias.com Portal will be assigned a value of 1 credit to 1 Colombian peso.

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12. COMPLAINTS AND CUSTOMER SERVICE

ferreterias.com will receive and process queries, requests, petitions, complaints and claims formulated by the User in the eventualities that arise from the service provided by the company, including delivery times and quality of the Products, among other cases, through the help center available on the WhatsApp Portal or through the email customerservice@FerreTeerias .com or through the different service channels that can be found on the Portal and that ferreterias.com can activate from time to time. In the event that the purchase involves the Product of a Commercial Partner, ferreterias.com will notify any claim received to said Commercial Partner so that they can directly address said claim with the User. Without prejudice to this, ferreterias.com may function as a communication channel between the User and the Commercial Partner, being free of all responsibility regarding the agreements reached between the parties or the handling that the Commercial Partner may give of the case.

If the User has any questions regarding the CUSTOMER TERMS AND CONDITIONS OF USE, Policy Privacy, use of the Portal or your Profile, you may contact ferreterias.com by writing to the email customerservice@ferreterias.com

All requests will be attended to within a maximum of forty-eight (48) hours and must be resolved, if the conditions with the User allow it, in a maximum time of five (5) business days as established by current legislation and by the internal policies of ferreterias.com for the attention of PQR. In the event that, due to conditions beyond ferreterias.com, problems arise that prevent user requests from being attended to in the maximum time

indicated, ferreterias.com will notify by email of the estimated response time in order to keep the User informed.

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13. USE OF THE CONTENT AND THE PORTAL

Unless otherwise provided, all rights to the Content are the property of FERRETEERIAS .COM. Users are authorized to use the Portal, but they will not be able to download material displayed on it, and copying it is expressly prohibited.ia, reproduction, publication, download, encoding, modification, translation, interpretation, exhibition, distribution, transmission, transfer or dissemination in media, without the prior, express and written authorization of ferreterias.com. The copyright and other intellectual property rights over the Content are the property of ferreterias.com, expressly reserving the exercise of all civil and criminal actions aimed at safeguarding its legitimate intellectual and industrial property rights.

14. USER GENERATED MATERIAL

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14.1 General Conditions

In the event that the Portal allows the publication, upload or upload of material by Users, these will be considered at all times as non-confidential and the User will be solely responsible for the use of said content. Furthermore, by publishing or uploading them on the ferreterias.com Portal, the User grants ferreterias.com a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable right to use, reproduce, distribute, modify , show and send pub materiallicated by Users, for the promotion and support of ferreterias.com. The User grants each User a non-exclusive license to access their User material through the Portal and to publicly display and represent said User material, under these CLIENT TERMS AND CONDITIONS OF USE.

In relation to the above, the User declares regarding the User material that: (i ) is the exclusive owner of the copyright on them, or has the authorization of their owner for publication on ferreterias.com; (ii) is not unlawful, obscene, defamatory, libelous, pornographic, hateful, racist, or inappropriate for any reason; (iii) will not damage the reputation of ferreterias.com or any third party; and (iv) does not impersonate another person. ferreterias.com reserves the right to remove any User material at its sole discretion and without prior notice or liability to the User or any other person.

ferreterias.com does not endorse or support any kind of User material, nor make recommendations or advice on the same, the User renouncing to link to ferreterias.com in relation to any User material. The User understands and accepts that the User material may contain information that is inaccurate or offensive, waiving, from now on, to claim or present any type of appeal against ferreterias.com with respect to the same.

ferreterias.com may provide links to websites belonging to or managed by third parties, without this fact being understood, under any circumstances, that ferreterias.com endorses the content, products or services available on such websites, and that it is not responsible for

its content or its security. The link or connection of the User to any other website is the sole responsibility of the User.

14.2 SUPPORT DOCUMENTS FOR ACQUISITION OF SPECIAL PRODUCTS

If during any purchasing process within any Store and understanding any specialty of any Product, including, but not limited to, formulated medications, ferreterias.com requests that a User deliver any type of document, medical formula or identity document (the “

its content or its security. The link or connection of the User to any other website is the sole responsibility of the User.

14.2 SUPPORT DOCUMENTS FOR ACQUISITION OF SPECIAL PRODUCTS

Document") and it is provided by the User, it will be understood that (i) The User expressly and irrevocably declares the veracity, integrity and completeness of the Document, (ii) the User expressly and irrevocably authorizes ferreterias.com and/or the Commercial Partners to use said documentation solely for the purpose of processing the corresponding Purchase Order. of the Product in question, and (iii) the User declares to understand and accept that the Document will be reviewed by ferreterias.com or the Commercial Partner in order to prove that the User meets the legal requirements for the purchase of the Product, in which case they may store, analyze, dispute and in general, carry out any activity on the Document aimed at the sales relationship on the respective Product.

15. DISCLAIMER

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The use of the ferreterias.com Portal is at the User's own risk. The Services are provided as offered and with the warranties of applicable law for the Products, without additional warranties of any kind, express or implied, including, but not limited to, the warranties of merchantability, suitability of the Product for a particular purpose and non-infringement. ferreterias.com does not make any kind of representation or guarantee regarding the Products offered on the Portal. Without prejudice to the fact that ferreterias.com acts with the greatest diligence in providing its Services, ferreterias.com does not assume any responsibility derived from (i) errors or inaccuracies in the Documents or information provided by Users; (ii) personal injury or property damage, of any nature, as a result of your access and use of the Portal; (iii) unauthorized access or use of secure servers of ferreterias.com and/or any personal and/or financial information stored therein (iv) any damage caused by third parties to Users due to access and use of the Portal or by the consumer relationship related to the Products between ferreterias.com or a COMMERCIAL PARTNER and the Users.

ferreterias.com does not guarantee that the Portal will function error-free or that it is free of viruses or other dangerous digital products. If the use of the Portal results in the need for technical service or replacement of equipment or data, ferreterias.com will not be responsible for such costs. ferreterias.com, to the maximum extent permitted by law, disclaims all warranties, express or implied, including without limitation the warranties of merchantability, non-infringement of third party rights and the warranty of fitness for a particular purpose. ferreterias.com does not guarantee, under any circumstances, the accuracy, reliability, completeness and timeliness of the Content, support, software, texts, graphics or links.

However, and taking into account the above, ferreterias.com will do everything in its power scope to minimize technological or infrastructure errors at the level of servers, mobile apps and the website that may result in detriment to the User in everything related to the protection, correct and authorized use of their data.

16. REPORTS AND COMPLAINTS

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Users may report to ferreterias.com any conduct or Content that may violate these Terms of Use, the Privacy Policy or applicable legislation. For this purpose, the Portal in its Privacy Policy and in these terms will have the appropriate channels to formulate the respective PQR, preferably the customerservice@ferreterias.com mailbox. Once the request is received, ferreterias.com, at its sole discretion, will determine whether the deletion or modification of the Content is appropriate.

17. LIMITATION OF LIABILITY

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The User accepts that ferreterias.com is not responsible for any direct, indirect, loss of profits, consequential damage, incidental, special or consequential damage, arising from or in relation to (i) the improper use of the Portal by any User; (ii) liability for acts of any carrier or third party that is not linked to ferreterias.com; or (iii) in relation to the performance or navigation of the Portal or its links to other websites.

The User acknowledges and accepts that the Carriers are providers of an independent service and ferreterias.com is not responsible for their conduct or acts not associated with the delivery of the Products.

In addition, the User accepts that ferreterias.com is not responsible for any damages resulting from the interruption, suspension or termination of the Services or changes in the coverage areas offered by the Company, including without limitation direct, indirect, lost profits, consequential damages, incidental, special or consequential damages. In no case will the total liability of ferreterias.com to the User for any type of losses exceed the amounts paid by the User to ferreterias.com.

18. RELEASE OF LIABILITY OF ferreterias.com FOR ACTS OF THIRD PARTIES

ferreterias.com will not be responsible for any action or omission of third parties, acts or conduct that may generate any type of damage to Users under the understanding that the generation thereof is outside the control of the User. to the sphere of control of ferreterias.com. Therefore, ferreterias.com will only be responsible for receiving and managing the PQRs generated by the Users with the intention of informing third parties, when possible, of the claim or complaint presented. by the User so that the third parties can resolve it directly with the User, and ferreterias.com is committed to taking the corrective measures it deems appropriate to prevent the situation attributable to the third party from being repeated.

19. TERMINATION

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At its sole discretion, ferreterias.com may modify or discontinue the Portal, or may modify , suspend or discontinue your access or support, for any reason, with or without prior notice

notice and without any liability to Users or any third party. Even if a User loses the right to use the Portal, these CUSTOMER TERMS AND CONDITIONS OF USE will be enforceable against him or her. The User may terminate the application of these CUSTOMER TERMS AND CONDITIONS OF USE at any time, ceasing to use the Portal, surviving all provisions that by their nature should survive to take effect.

The termination of the Services and/or the closure of the User's account, for any cause, will not generate compensation or compensation in your favor from ferreterias.com.

20. LAW TERMS

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This agreement will be governed and interpreted in accordance with the laws of the Republic of Colombia, without giving effect to any principles of conflicts of law.

21. APPLICABLE LAW AND SEVERABILITY

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These TERMS AND CONDITIONS OF USE CUSTOMERS and the Privacy Policy constitute the entire agreement between the User and ferreterias.com with respect to the Services, use of the Portal and the Content. If any provision of these TERMS AND CONDITIONS OF USE CLIENTS is declared illegal, or presents a void, or for any reason is inapplicable, it must be interpreted within the framework of this and in any case it will not affect the validity and applicability of the provisions. remaining provisions.

22. NO AGENCY

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No contractual relationship of agency, partnership, joint venture, employee-employer or franchisor-franchisee is created by this Agreement.

23. MODIFICATIONS

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ferreterias.com will, at its sole discretion, unilaterally change these TERMS AND CONDITIONS OF CLIENT USE whose current version will always be visible to Users on the Portal. However, such changes will only apply from the moment they are published on the Portal and will apply to transcripts that are held after their entry into force, without altering transcripts held previously.

24. MISCELLANEOUS

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These CUSTOMER TERMS AND CONDITIONS OF USE are personal to each User, and cannot be assigned , transfer, or sublicense, except with the prior written consent of ferreterias.com. may assign, transfer or delegate any of its rights and obligations under these CUSTOMER TERMS AND CONDITIONS OF USE without the consent of the User. Unless otherwise specified in these TERMS AND CONDITIONS OF USE CLIENTS, all notices or modifications will be considered duly delivered from the moment of their publication on the Portal, or from the moment in which they are notified to the User (if applicable). ), as appropriate.

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25. DISCOUNTS, COUPONS, CREDITS, SEASONAL PROMOTIONS, BEST PRICE GUARANTEED

25.1 General

Regarding the TERMS AND CONDITIONS OF USE CUSTOMERS specific to promotions, coupons and/or credits released from time to time by ferreterias.com, these can be consulted through the portal.

25.2 Best price guaranteed

If the “Best Price Guarantee” legend is presented, it applies to the marked Products with this campaign where ferreterias.com guarantees that the price of the Product is the best price for that same product, on that date in the Colombian market in companies competing with ferreterias.com (without applying discounts, promotions or special coupons). In the event that any ferreterias.com user, after having made their purchase on the Portal, finds the purchased Product (which must be the same product, with the same characteristics, brand, size and characteristics as the one offered) at a lower price, they may present a request via e-mail toservicioalcliente@ferreterias.com attaching the necessary receipts (invoice or image that contains the lower price of the product compared to that offered by ferreterias.com with the same corresponding date) so that the difference in prices can be delivered to the User. via credits from ferreterias.com. Additionally, this credit will be made for the value of only one item of the characteristics mentioned in this literal. ferreterias.com will have fifteen (15) business days to review and resolve these requests.

In any case, it is the User's obligation to consult the CLIENT TERMS AND CONDITIONS OF USE of any activity promotional and benefit that is available on the Portal, especially determining whether the person responsible for it is ferreterias.com, a Commercial Partner or a supplier of ferreterias.com that uses the Portal to grant some type of benefit to Users. When the promotional activity, contest or benefit is solely the responsibility of the Commercial Partner or the supplier of ferreterias.com, the latter will only function as an intermediary for the activity and any question, complaint or claim that the User may have regarding the same will be directed to the person responsible.

26. CONTACT

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Terms and Conditions Service ferreterias.com Prime TRIAL

Any word with an initial capital letter that is not defined in these Terms and Conditions Clients will apply to the definition included in the Terms and Conditions General customers of the ferreterias.com application and/or the website www.ferreterias.com (the “Portals”).

COMERLIA SAS (“ferreterias.com”) through these Terms and Conditions Customers regulates the characteristics applicable to the ferreterias.com Prime Service to be provided in Colombia subject to the availability of coverage that the Portals have (as defined below). This ferreterias.com Prime Service will only be available in the period of time between January 5 and February 28, 2023 and will be subject to a limited group of clients previously defined by ferreterias.com as test and validation subjects. of the system, without this implying any excuse on the part of ferreterias.com to comply with its obligations under the service.

Description Service ferreterias.com Prime

The ferreterias.com Prime service corresponds to the possibility that different FERRETEERIAS clients have. COM to obtain for a limited time a waiver of the delivery cost for 30 days when placing orders through the Portals.

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The ferreterias.com Prime service applies only within the territory of Colombia within the coverage area as described below.

Coverage ferreterias.com Prime

The ferreterias.com Prime service can be purchased for a limited time in the available coverage areas on the Portal at the time of selecting its contract by the User.

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Once the service is purchased, users will be able to use it in any area they have coverage by ferreterias.com in Colombia.

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General Conditions

Applies only in the coverage areas defined by the Portals within Colombia.

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All orders placed within the ferreterias.com Prime service are governed by the Terms and Conditions Clients of the Portals available at https://ferreterias.com< o:p>

The ferreterias.com Prime service will be available on a limited basis from January 5, 2023 until February 28, 2023.

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Nothing herein gives customers the right to receive coupons, credits or redemption some for cash, transferable or exchangeable.

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The user can purchase only one unit of ferreterias.com Prime, equivalent to 30 days of exemption in the delivery cost from the moment the order has been paid and delivered. Once purchased, the User will not be able to cancel the service or request a refund.

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If a user purchases more than one unit of ferreterias.com Prime, only the profit corresponding to a unit; The value corresponding to the additional units will be refunded in the form of credits to the user's account.

Once the order has been confirmed, the user will not be able to modify the HARDWARE units. COM Prime through the order help section; If extra units of ferreterias.com Prime are added through the help section of the order, the corresponding value will be refunded through credits to the user's account.

In order to use the benefit of ferreterias.com Prime, the minimum amount required by each store to place an order.

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ferreterias.com reserves the discretionary right to deny the ferreterias.com Prime service in the following cases (including, but not limited to):

Duplication of accounts or profiles created by the same user, regardless of whether they have different devices, contact phone numbers or emails.

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Accounts of different users that use the same address.

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Any other situation that, in the opinion of ferreterias.com, presents itself as a possible fraud to its interests, regardless of the mechanism used by the consumer.

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ferreterias.com reserves the right to cancel orders or cancel the application of the ferreterias.com Prime service, if it detects intention of fraud, fraudulent payment or violation of any aspect of the Terms and Conditions Clients or policies of ferreterias.com.

ferreterias.com may disable the ferreterias.com Prime service at any time during the term. when in its opinion it considers that an attempt has been made or any type of human or technological fraud has been carried out to take advantage of it by one, several or all consumers.

The user acknowledges and accepts that the information provided and registered on the Portals is true and trustworthy, taking full responsibility for its falsehood and subject to a validation process by ferreterias.com.

ferreterias.com Prime is exempt from discounts for promotional activities.

Privacy notice known to customers applies, available at https://ferreterias.com/ es/content/2-policy-protection-treatment-personal-data

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