National Shipping Policy - CÁVILAR

The shipment of "The Products" will only be made on business days.

• Shipments in the city of Medellín, Metropolitan Area and nationwide:

For the city of Medellín, the approximate delivery time is 1 to 7 business days; for other municipalities, delivery times range from 2 to 15 business days, depending on the destination. Deliveries will not be made at an exact time and must be to a specific and secure address, such as a home or office.

The delivery time starts counting from the payment confirmation and may be affected by force majeure factors, as well as the municipality or destination where the User is located, and the day and time the purchase is made.

However, the estimated delivery times for most orders are:
Medellín, Envigado, Sabaneta, Itaguí and Bello with Standard shipping: up to 2 business days.
Other national destinations Standard: up to 3 business days counted from the next business day following the payment confirmation date.

In case of a return by the shipping company due to inability to deliver in cases attributable to the user, the costs generated for a new delivery will be borne by the user, or failing that. 

Terms and Conditions 

Introduction and purpose: by entering our website cavilar.com.co, the user and/or buyer agrees to be subject to the Terms and Conditions for the use of the purchasing platform ("The platform", "The website" or "The site"), along with all other policies, terms and documents mentioned therein, hereinafter "The Conditions", regardless of the application, digital medium, support or device through which it can be accessed. Please read these Terms and Conditions and our Privacy and Cookies Policy ("Privacy and Cookies Policy") carefully before placing your order. By using this website or placing an order through it, you agree to be bound by these Conditions and our Privacy and Cookies Policy and to comply with all applicable laws and regulations that are part of Colombian legislation. Therefore, if you do not agree with all the Terms and Conditions and the Privacy and Cookies Policy, please refrain from using this website.

These Terms and Conditions and the Privacy Policies are subject to change without prior notice at any time, at the sole discretion of CÁVILAR S.A.S, a natural merchant, identified with citizenship ID number 901498063-1, hereinafter "CÁVILAR S.A.S", owner of the "CÁVILAR" trademark registered with the Superintendence of Industry and Commerce, effective from the date of modification.

Acceptance of Terms and Conditions: by checking the "I accept Terms and Conditions" box or by subscribing to these Conditions, you expressly acknowledge and accept, on your own behalf as a natural person, on behalf of your employer or on behalf and legal representation of a legal entity, that you are adhering to a binding legal agreement with CÁVILAR; thus, in the terms of article 52 of Law 1480 of 2011, you act as a natural person who is over 18 years of age or, if you are a legal entity, that you have legal representation capacity to do so, you have full power to bind yourself directly or personally, or the entity you represent, your employer or the entity you nominated for the service, and you have understood and agree to comply with the Conditions, thereby acquiring the status of user (hereinafter "User" or "Users" as the case may be).

Consequently, by acquiring the status of User, you guarantee that the information you provide in the application or order is accurate, faithful and complete. CÁVILAR S.A.S is not obliged to accept an order and, in any case, will have the right at all times to verify it in advance or to reject it without having to provide reasons for it.

Through the Platform, a service is provided for the purchase of goods and products ("The products"), which are offered by CÁVILAR S.A.S directly in the development of the ordinary operations of the use of the "CÁVILAR" brand.

The User will have a single contractual relationship: of sale of goods or products to CÁVILAR S.A.S through THE PLATFORM, without at any time such sale being directly concluded with the producer of the good or with the owner of the brand offered.

User Registration and Classification: To acquire User status, the legal or natural person intending to purchase the product offered on the Platform must provide the required registration information, which will subsequently be validated by CÁVILAR S.A.S. If errors are found in the provided information during validation, a request will be sent via email (to the provided contact email) for correction; once the requested correction is made, the Platform will proceed to activate the User. In the event that no errors are found in the provided information after validation, the User will be activated.

After the acceptance of the Conditions and the validation of the information provided during registration, the Platform will create a user account for the User. Likewise, it will grant access by providing a username and password. The User will be solely responsible for safeguarding this password; any operation carried out with the access key will be valid and binding for the User.

To place an order on the Website, the User must have the category of User and, therefore, be a consumer and not a distributor, be over 18 years of age, have a credit or debit card available and a physical address for product delivery in the Colombian national territory, according to the special delivery rules specified later. The sales contract will be considered to exist only from the moment CÁVILAR S.A.S confirms the order by email, since the order placed will be understood as a mere offer for the sales contract. The User may cancel the offer as long as CÁVILAR S.A.S has not sent the order confirmation to the email address previously provided by the User. The offer will be subject to verification by CÁVILAR S.A.S determining inventory availability, terms and other conditions established by it for the configuration of the sales contract. CÁVILAR S.A.S reserves the right to verify an order or reject it without having to state the reasons or circumstances leading to it, since CÁVILAR S.A.S is not obliged to accept an order. The User will have the obligation to ensure that the product payment process is completed for the verification of the transaction by CÁVILAR S.A.S and, subsequently, for the delivery of the good.

User Obligations: In addition to the obligations contained in other clauses of this contract, the User agrees to:

• Pay for the Products in a timely and proper manner in accordance with the provisions of the Conditions.
• Be responsible for the veracity, accuracy, and timeliness of the information provided.
• Accept that CÁVILAR S.A.S may consult credit bureau records and different databases in order to carry out the respective validations and establish the risk associated with the operation carried out.
• Refrain from allowing unauthorized third parties, who are not Users, to use or benefit from the Platform without the express authorization of CÁVILAR S.A.S.
• Do not access or attempt to access restricted resources or areas of the Platform.
• Use the platform, content or products for illicit, illegal purposes or effects, contrary to what is established in these conditions, to good faith and public order, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload the platform or prevent the normal use of the products.
• Refrain from introducing or spreading computer viruses on the network or carrying out actions likely to alter, interrupt or generate errors or damage to electronic documents, databases or computer systems (hardware and software) of the Platform.
• Refrain from facilitating viruses, worms or other programming routines that interfere with or damage the Platform.
• Attempt to access, use and/or manipulate the databases provided for unforeseen purposes that undermine the rights of the owners.
• Refrain from reproducing, copying, distributing, transforming or modifying the contents of the Platform.
• Refrain from deleting, hiding or manipulating the indications on intellectual property rights and other identifying data of the Platform or third parties incorporated into the contents, as well as the technical protection devices or information mechanisms that may be inserted into the contents and systems.
• Refrain from impersonating another User or natural or legal person when using the Platform.

The User will be responsible for all damages of any nature that CÁVILAR S.A.S suffers as a result of non-compliance with the obligations derived from these Conditions in relation to the improper use of the Platform.

Value of the products: The value to be paid for the products will be that offered on the Platform. Discounts, promotions or any other variation in prices will only be valid if CÁVILAR S.A.S offers such variations on the Platform. What the User will pay will be exactly what is offered plus any taxes incurred, whether explicitly stated or not.

Exclusion of CÁVILAR S.A.S's liability:

• Users use the Platform at their own risk, by virtue of which CÁVILAR S.A.S will not be responsible for damages of any nature that may arise from the misuse of the Products, once they are in their possession.
• CÁVILAR S.A.S will not be responsible for the availability of the platform in the following events:
• Interruption in the operation of the Platform due to computer failures, disconnections, delays or blockages caused by deficiencies or overloads in networks, the Internet or other electronic systems used in the course of its operation.
• Effects caused by viruses, Trojans, worms or other types of computer attacks that affect the normal operation of the Platform.
• Other damages that may be caused by third parties through unauthorized intrusions, beyond the control of the Platform.
• Maintenance tasks or any other event or circumstance beyond normal will and diligence or arising from force majeure or fortuitous event.

 

However, CÁVILAR S.A.S will make reasonable efforts to maintain the availability of the platform. 

Payments: Payment will be made through Mercado Pago's online support. At the moment the User makes a purchase on the Platform, freely, voluntarily and with consent, they are agreeing to pay the invoices or equivalent document in the respective form and terms, and likewise, they are authorizing CÁVILAR S.A.S to, from that date, publish the invoice or equivalent document for the sale of the Products by CÁVILAR S.A.S and to, in compliance with legal regulations, treat their personal data guaranteeing the security and privacy of the information. Once the transaction is finalized through the PayU system, the system will automatically report a successful transaction notification to the email previously registered by the User, indicating in detail the amounts paid and the details of the purchased products, as well as the registered delivery data. Now, regarding the sending of the sales invoice or equivalent document, it is stated that the user accepts that CÁVILAR S.A.S makes the immediate electronic sending, thus exempting themselves from its physical sending. It is important to note that the invoice or equivalent document issued complies with the requirements established by the DIAN regarding its regulation and operation. For the correct sending of the invoice or equivalent document by electronic means, the User acknowledges and accepts that it will be their sole responsibility to enable and inform an email account required for this process. For all legal purposes, the process of acceptance of the sales invoice or equivalent document will be understood to have taken place with the "message read" confirmation of the email through which the sales invoice or equivalent document was sent.

Applicable legislation: The legal system of the Republic of Colombia will be applicable with respect to any legal norm that is appropriate to it. If, for any reason, the competent legal operator considers any part of these terms and conditions inapplicable, the rest of them will continue to apply in full effect.

Dispute Resolution: In the event of any conflict arising regarding the perfection, execution, termination, or liquidation of this contract, the parties agree to convene an Arbitration Tribunal composed of one (1) arbitrator to decide in Law. The seat of the Tribunal will be the city of Medellín and it will adhere to the regulations of the Conciliation and Arbitration Center of the Chamber of Commerce of Medellín. The arbitrator must be chosen by mutual agreement of the parties within a period not exceeding five (5) days from the emergence of the dispute. If such an agreement cannot be reached regarding the arbitrator, the Arbitration and Conciliation Center of the Chamber of Commerce of Medellín will choose him, following the established procedure. The costs of the Tribunal will be borne by the losing party.

Duration, modification, and termination of this contract: This contract has an indefinite duration, and its validity between the parties is subject to its acceptance.

For its part, CÁVILAR S.A.S may unilaterally terminate the contract when:

• There is a breach of obligations by the User.
• It can be reasonably concluded that there are legal, reputational, commercial or any other risks associated with the sale of the Products.
• The User does not comply with the recommendations from CÁVILAR S.A.S for the correct functioning and security of the platform.

Indemnity clause: the User will indemnify CÁVILAR S.A.S, by virtue of which any cost - including legal advice - for a third party's claim against CÁVILAR S.A.S must be assumed by the User, when this has occurred due to:

• Identity theft of the User.
• Violation of the User's obligations arising from this contract.
• All non-contractual or contractual civil liability that CÁVILAR S.A.S may incur due to an act or omission of the User. 

Prohibition of assignment: Neither party may partially or totally assign its contractual position to a third party without the express written consent of the other party.

Intellectual and industrial property:

• CÁVILAR S.A.S holds all rights over the content, design, and source code of this Platform and, especially, over the photographs, images, logos, designs, trademarks, and trade names included in the Platform. These rights are protected by current intellectual property legislation.
• The total or partial reproduction of the Platform is expressly prohibited without the express written permission of CÁVILAR S.A.S.
• Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that involves an infringement of the current regulations in Colombia or the rest of the world regarding intellectual and/or industrial property is totally prohibited without the prior express written authorization of CÁVILAR S.A.S.
• It informs that it does not grant any implicit license or authorization over intellectual and/or industrial property rights or over any other related right or property, directly or indirectly, with the contents included in the Platform.
• In the foreseen cases, CÁVILAR S.A.S will initiate the corresponding legal actions, including criminal ones, based on the provisions of Law 599 of 2000, in its articles 270, 271 and 272.

Confidentiality The parties agree that, during the term of this agreement, all information obtained in the development thereof is confidential, without prejudice to the obligation to provide the competent authority with all information requested, in accordance with current legal and regulatory provisions.

Partial nullity: In the event that any of the clauses contained in this agreement is null for any reason, the rest will remain valid without this annulling the entire agreement, provided that the essence of this agreement is not contradicted.

Notifications: All communications between the parties will be made via electronic communication.

The email provided by CÁVILAR S.A.S is

servicioalcliente@cavilar.com.co

The email provided by the User will be the one provided in the registration form for the Platform.

Any notification will be understood as made on the day the email is sent.

Exchange and Return Policies: Through the Platform, the User directly purchases products from CÁVILAR S.A.S. Therefore, if the User wishes to make a return, exchange, or complaint about the product's characteristics, they must process it directly with CÁVILAR S.A.S through the Platform following the following conditions and procedures:

• The User must:
• Validate if the desired product in the size or color is available. Exchanges can only be made for products of equal value to the one initially purchased.
• Submit the exchange/return request and send it to the notification address.
• Then, the already purchased product must be sent to the address in Medellín: Transversal 49 B # 59-48, 3rd floor, where the product's condition will be validated; it must arrive with tags and labels, clean, unused, and in perfect condition (original packaging). If the product does not meet the exchange conditions, the User will be informed via email of the reason why the exchange is not being made, and the product will be sent back to the initial delivery address.
• To make an exchange, the product must be in perfect condition, clean, unused, with labels and tags. Under no circumstances will exchanges be allowed for personal use products (panties, thongs, or socks), jewelry, costume jewelry, personal care products, and cosmetics.
• A product exchange can be made up to thirty (30) days after your purchase (invoice or equivalent date).
• The product must be properly packaged.
• The costs associated with the return, including the cost of round-trip transportation, will not be reimbursed, unless a specific promotion applied that indicates otherwise and of which you must have support.
• Promotional Products are not eligible for exchange, except for warranty or quality issues, and will not apply for a refund.

Money Returns: In accordance with the right of withdrawal enshrined in Law 1480 art. 47, the maximum term for THE USER to exercise it is 5 business days from the delivery of the goods. After this time, CÁVILAR S.A.S will not be able to offer a money refund, but an exchange, under the conditions described above.

Warranty Policy: The warranty period is 60 days for Footwear and 30 days for Clothing, from the moment the User receives the product. The product will be reviewed by the quality department and a response will be given within a maximum of 15 days. If the garment can be repaired, it will be repaired; otherwise, it will be exchanged. If the fault recurs, the User may choose to have it exchanged.

Delivery Times: Product deliveries will only be made on business days. For the city of Medellín, the approximate delivery time is 5 to 7 business days, and for other municipalities, delivery times range from 8 to 15 business days depending on the destination. Deliveries will not be made at an exact time and must be to a specific and secure address, such as a home or office.

The delivery time starts counting from the payment confirmation and may be affected by force majeure factors, as well as the location of the User and the day and time the purchase is made.

Exchange and Return Policy 

 Through the Platform, the User purchases products directly from CÁVILAR S.A.S. Therefore, if the User wishes to make a return, exchange or a complaint about the quality, suitability and good condition of the purchased products, they must process it directly with CÁVILAR S.A.S through the Platform, complying with the following conditions and procedures: 

Procedure, the User must:

• Validate if the desired product in the size or color is available. Exchanges can only be made for products of equal value to the one initially purchased. If the intention is to exchange it for another product of higher value, the price difference must be paid.
• Submit the exchange/return request and send it to the electronic notification address: servicioalciente@cavilar.com.co, or via WhatsApp message or Instagram Direct.
• Then, the already purchased product must be sent to the address in Medellín: Transversal 49 # 59-48, 3rd floor, to the attention of Cávilar, where the product's condition will be validated; it must arrive with tags and labels, clean, unused, and in perfect condition (original packaging). If the product does not meet the exchange conditions, the User will be informed via email, phone call, or WhatsApp or Instagram Direct message of the reason why the exchange will not be made, and the product will be sent back to the initial delivery address.
  
• For customers located in countries other than Colombia, both shipping and import costs, as well as the shipping costs of the new product, will be fully assumed by them, otherwise Cávilar S.A.S. will not be obliged to ship a new product.
  

Conditions

To make an exchange, the product must be in perfect condition, clean, unused, with labels and tags. Under no circumstances will exchanges be allowed for personal use products (panties, thongs, or socks), jewelry, costume jewelry, personal care products, and cosmetics.

A product exchange can be made up to thirty (30) days after receiving the order.

The product must be properly packaged.

The costs associated with the return, including the cost of shipping and return transportation, will not be reimbursed, unless a specific promotion applied that indicates otherwise and of which you must have support.

Promotional Products are not eligible for exchange or return, except for warranty or quality issues, and will not apply for a refund.

Money Returns: In accordance with the right of withdrawal enshrined in Law 1480 art. 47, the maximum term for THE USER to exercise it is five (5) business days from the delivery of the good. The User must return the product by the same means and in the same conditions in which it was received, and must bear the transportation costs and other expenses involved in the return of the good. Once the five (5) day period has elapsed without having exercised the right of withdrawal, CÁVILAR S.A.S will not be able to offer a money refund, but an exchange under the conditions described above. In cases where the refund of money is announced, CÁVILAR S.A.S. will have a maximum period of 30 calendar days to make the refund, counted from the moment the right was exercised.

Warranty Policy: The warranty period is 60 days for Footwear and 60 days for Clothing, from the moment the User receives the product. The product will be reviewed by the quality department and a response will be given within a maximum of 15 days. If the garment can be repaired, it will be repaired; otherwise, it will be exchanged. If the fault recurs, the User may choose to have it exchanged.

Solely for warranty claims, CÁVILAR S.A.S. will cover the shipping costs for both return and replacement product shipment, as well as shipping and import costs previously assumed by customers located in countries other than Colombia, subject to review and confirmation of the validity of the warranty offered by CÁVILAR S.A.S.

Exchanges and returns are not accepted in the following cases: 

• If the garment shows signs of use such as makeup stains, bad odor, stains, etc. 
• Underwear or socks, would only apply if there is a manufacturing defect. 
• Improper washing of the garment. For example, tumble drying, washing at high temperatures, mixing white or off-white garments with colored garments, wringing out the garment, etc. It is important to carefully review the washing recommendations. 
• Misuse by the customer.

 Availability of garments: 

cavilar.com.co is normally updated with available inventories on a daily basis; however, sometimes a garment that the customer has purchased may not be available. In such cases, we will contact the customer by email, WhatsApp, Instagram Direct, or phone call to notify them and offer a possible solution.

Important note: products on promotion or with special prices are not eligible for exchange or return.

Products subject to VAT-free days can be exchanged for the same product in a different size or for another reference (in this case, the difference in price must be paid).