Terms and conditions of use

Ownership of this Website

These Terms and Conditions of Use apply to this Website available at https://www.luisanicholls.com.co/, which is owned by Moda Y Alta Costura SAS, a company legally incorporated in Colombia with NIT 900.462.946-7.

Acceptance of these Terms and Conditions of Use

The user must always read these Terms and Conditions of Use before using this Website‎, and the use made of the Website will imply that they have been read and accepted. If the user does not agree with these Terms and Conditions of Use, they should not use this Website.

Modifications

Moda Y Alta Costura SAS reserves the right to unilaterally modify these Terms and Conditions of Use, in whole or in part, at any time and without prior notice, making the modified terms public on the Website. The design, presentation or configuration, registration requirements or use of the Website may also be modified in the same way, without this generating the right to claim or compensation in favor of the user.

It is the responsibility of the user to periodically review the Terms and Conditions of Use. Your continued use of the Website after changes have been made to these Terms and Conditions of Use will constitute your acceptance of those changes.

Termination of Use

Moda Y Alta Costura SAS reserves the unilateral right to restrict access to the Website in the event of detecting any unauthorized use of the Website and to take the corresponding legal actions.

Purchase Agreement

This section of the Sales Agreement applies to all sales transactions made through the Website.

The products and prices included in this Website are aimed at the general public as indeterminate persons and therefore a confirmation and acceptance from us of your purchase order and the payment made will always be necessary, at which time the corresponding invoice will be issued. and the contract of sale between the user and Moda Y Alta Costura SAS will be understood as perfected.

The purchases made on the Website are subject to Colombian legislation.

In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those established by the applicable legal regulations in terms of competent jurisdiction, in the one that is attended, in the case of consumers, to the place of fulfillment of the obligation or to the domicile of the purchasing party.

The parties expressly declare that in the event that any of the provisions of the terms and conditions of use is declared null or invalid by the competent jurisdiction, the other clauses and obligations of this contract will remain valid.

Content

All the texts, graphics, designs, user interfaces, photographs, logos, music, commercial emblems and source code (hereinafter the Content) of the Website are the property of Moda Y Alta Costura SAS, or are licensed. The Content of the Website is protected in accordance with the provisions of Colombian and international legislation on copyright, intellectual and industrial property.

The Content of this Website may not be copied, reproduced, posted, transmitted, republished, transferred or distributed in any way to another computer, server, or any other means without the written authorization of Moda Y Alta Costura SAS

The comments, reviews, opinions and ratings expressed by users about the products on the Website (hereinafter the User Generated Content) do not represent advice or the opinion of Moda Y Alta Costura SAS

Moda Y Alta Costura SAS does not review User Generated Content one by one. However, it reserves the right to accept or eliminate them partially or totally, at any time, at its discretion, without prior notice and without giving explanations to the user that issues them.

Moda Y Alta Costura SAS reserves the right to correct at any time and unilaterally any error or omission in any Content published on the Website.

Trademarks and Copyrights

Because the content of the Website is protected by copyright, unauthorized use of materials found on the Website may violate copyright, trademark and other laws.

In the event a user downloads the materials from the Website for personal or non-commercial use, the user must retain all copyright, trademark or similar notices found in the original materials or copies of the materials. .

It is not allowed to modify or reproduce the Contents of the Website, nor to display them in public, use or distribute them for public or commercial purposes.

Product, Service and Promotion

Moda Y Alta Costura SAS is the provider of the products and services indicated on the Website, unless otherwise indicated, these correspond to a special selection of references that do not necessarily coincide with the portfolio of other Moda Y Alta Couture stores. SAS The prices and availability shown on the Website are applicable only to purchases made through it, these may differ from other stores.

The promotions, offers and gifts that the Website may offer are only applicable to purchases made through it, these may differ from other stores. In the same way, the promotions, offers and gifts that our other stores may offer may differ from those applicable to purchases made through the Website.

Moda Y Alta Costura SAS reserves the right, in the event of typographical errors, to modify the products, prices, promotions and other commercial and service conditions or to reject or limit the quantities included in any commercial offer presented on the Site. Web. In such a case, Moda Y Alta Costura SAS will inform the addresses registered in the registration form by email and will provide the reversal mechanisms in case the payment has already been received.

The contents of the Website related to Products, such as specifications, characteristics and photographs are for guidance only and may, at times, show provisional information. In the event that the information provided does not correspond to the characteristics of the product, the Client will have the right to cancel his purchase without any cost on his part.

If there is a typographical error in any of the prices shown and a Client has made a purchase decision based on said error, Moda Y Alta Costura SAS will notify the client of said error. In the same way, if an ordered product is not available, the Customer will be informed of the lack of availability. In both cases, you will be able to obtain a refund of the sums paid without any cost on your part, within a maximum period of 30 days.

Online update

Due to the online updating nature of the Website, the price or availability of a product may change at any time and without prior notice. The price that will be taken into account to calculate the payment and place the corresponding commercial offer will be the one in force at the moment of confirming the order in the order form of the Website.

When selecting a Product, it is automatically added to the shopping cart. There you can change the quantities or withdraw the Product according to the purchase intention. The shopping cart is indicative and does not represent a quote or commitment to maintain prices or availability on the Website or in other stores.

VAT

Moda Y Alta Costura SAS is established in Colombian territory. The prices of the products shown on the Website include VAT, as well as all applicable taxes and charges.

Shipping Address

To make a purchase it is mandatory to fill out the registration forms with accurate and updated information. It is the customer's obligation to enable the delivery of the Product, indicating the address where it can be delivered and clarifying in the comments the sufficient indications so that the carrier can make the delivery under normal conditions.

Pay

Once the order is confirmed, it will be automatically redirected to the payment page. There you must follow the corresponding payment process. Moda Y Alta Costura SAS does not store customer financial information. It is the customer's responsibility to follow the recommendations for a safe purchase.

The client may request the reversal of the payment within 5 days following the delivery or knowledge of the transaction, when it is the subject of fraud or an unsolicited operation, when the product is not received, does not correspond to what was requested or is defective. . Each request will be reviewed individually and if the reversal is applied, it will be carried out within a maximum period of 30 days. In accordance with the provisions of number 51 of Law 1480 of 2011

Order Validation

When placing an order, the Client authorizes Moda Y Alta Costura SAS so that, for purposes of control, supervision and commercial information, it can make verification calls to the telephone numbers provided during registration, as well as those that may be included in the Moda databases. And Alta Costura SAS or in financial information centers such as CIFIN or DATACREDITO among others. These calls may be recorded and used for later verification.

Likewise, the client expressly and irrevocably authorizes Moda Y Alta Costura SAS to consult and/or report to financial information centers such as CIFIN or DATACREDITO, among others, and in general any other entity that manages databases with them. purposes of the aforementioned, the information used for payment, as well as the birth, modification or extinction of direct or indirect obligations, especially everything related to receivables, current and unpaid debts and payment habits thereof.

In the same way, you authorize Moda Y Alta Costura SAS to use the information consulted in financial information centers to build validation questions that can be used in the aforementioned verification calls. It is the Customer's duty to answer these questions truthfully.

Any inconsistency found in the validation process will lead to the rejection of the commercial offer and, in the corresponding cases, the complaint to the corresponding authorities.

Billing

The Client authorizes Moda Y Alta Costura SAS to send the purchase invoice to the email address entered in the registration form.

Deliveries

To learn more about shipping times and costs, visit our policy available at https://www.luisanicholls.com/pages/costos-y-tiempos-de-envio .

Moda Y Alta Costura SAS through its page will restrict the sale and dispatch of orders to cities and sectors without coverage. Therefore, Moda Y Alta Costura SAS may refuse to accept orders that must be delivered outside the coverage area or Colombian territory.

In the event of non-compliance with the delivery obligations, Moda Y Alta Costura SAS will not have any responsibility for the delay or impossibility of delivering the product.

Cancellations, Returns, Changes, Withdrawals and Guarantees

To find out the details of cancellations, returns, changes, withdrawals and guarantees, visit our policy available at https://www.luisanicholls.com/pages/devoluciones-cambios-y-garantias .

Moda Y Alta Costura SAS governs its withdrawal policy as determined in article 47 of Law 1480 of 2011.

Unpermitted uses of this Website

The following activities are not allowed on the Website:

  • Nest Website pages within windows or "frames" of external Sites.
  • Use "spiders", "site copiers" or any other device, program, algorithm or method to access, acquire, copy or monitor any part or Content of the Website.
  • Attempt to obtain privileged access to any part of the Website, servers or networks through "hacking", "password mining" or any other method.
  • Review or scan the Website, servers or networks of Moda Y Alta Costura SAS, in search of security vulnerabilities.
  • Make "look-up", "trace" or "sniffer" to the information transmitted from or to any user of the Website.
  • Making disproportionate attempts to use the Moda Y Alta Costura SAS Web Site, servers or networks, which may lead to denial of Service.
  • Use any device, software or routine to interfere with the proper functioning of the Website or your transactions.
  • Attempting to manipulate any information transmitted to or from the Website to impersonate another person or Moda Y Alta Costura SAS
  • Use the Website for illegal purposes or effects, harmful to the rights and interests of third parties or that go against these Terms and Conditions of Use, as well as morality, generally accepted good customs and public order.

Privacy Policy and Protection of Personal Data

Moda Y Alta Costura SAS has a Privacy Policy available at https://www.luisanicholls.com/pages/politica-de-privacidad-y-seguridad and Protection of Personal Data available at https://www.luisanicholls.com /pages/personal-data-protection-policy , which are an integral part of these Terms and Conditions of Use.

The user will enjoy all the rights recognized by the Colombian legislation on Consumer Protection and Protection of Personal Data, for this reason, they will be able to file their requests, complaints, claims and suggestions (PQR) through the different tools and communication mechanisms. established by THE Website.

Links to other Sites

The Website has links to other Third Party Websites, which are provided so that the user can expand the information on a certain topic. To the extent that these Third Party Websites are not under the control of Moda Y Alta Costura SAS, we are not responsible for their content. It is the responsibility of the user to use their judgment to evaluate the interaction with these Third Party Websites.

Limitation of Liability

The user accepts and acknowledges that Moda Y Alta Costura SAS is not responsible for the risks to which its technological infrastructure and the Website are exposed. This exemption from liability extends, among other matters, without being limited to them, to technological risks derived from logical errors in the applications, paradoxes derived from their integration, holes, worms or viruses, sabotage in logical supports, databases, and other computer crimes. As a user, you irrevocably accept and exonerate Moda Y Alta Costura SAS from all pecuniary liability derived from these events.

Moda Y Alta Costura SAS reserves the right to carry out at any time, without prior notice, for any reason and without giving rise to the right to compensation, maintenance activities, corrections or changes that include:

  • Modify or change the Website, or a part of it.
  • Interrupt the operation of the Website, scheduled or not.
  • Suspend or terminate the operation or access to the Website, or a part thereof.