TERMS AND CONDITIONS
The terms and conditions are hereby disclosed, which are applicable and are subject to them when using our services that we offer either within the virtual store ( formy.com.co ) as well as our stores or points of sale. If any person does not wish to abide by these terms, which are mandatory, they must refrain from using our platforms and services.
The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies as well as in the other documents incorporated therein by reference, prior to registering as a User of )formy(.
Website, brand positioning and marketing strategies developed by the ConectoWeb team.
REGISTRATION AND USE OF THE SITE:
It is mandatory to complete the registration form in all its fields with valid data to become an authorized User of )formy(, to access promotions, and to acquire products and/or services offered on this site. The future )formy( Member must complete the registration form with his/her personal information in an exact, precise and true manner ("Personal Data") and assumes the commitment to update the Personal Data as necessary. )formy( may use various means to identify its Members, but )formy( is NOT responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and respond, in any case, for the accuracy, veracity, validity and authenticity of the Personal Data entered. Each member may only be the holder of 1 (one) )formy( account, and may not access more than 1 (one) )formy( account with different email addresses or by falsifying, modifying and/or altering their personal data in any possible way. If fraudulent and/or malicious use and/or contrary to these Terms and Conditions and/or contrary to good faith is verified or suspected, )formy( will have the unappealable right to terminate credits, cancel purchase orders, close accounts and even prosecute offenders.
)formy( reserves the right to request proof and/or additional information in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, )formy( may cancel the purchase made, without this generating any right to compensation, payment and/or indemnity.
Once registered, the member will have his/her email address and a secret key (hereinafter the “Key”) that will allow him/her personalized, confidential and secure access. If he/she has these data, the User will have the possibility of changing the access key, for which he/she must follow the procedure established on the respective site. The User is obliged to maintain the confidentiality of his/her access key, assuming full responsibility for maintaining the confidentiality of his/her secret key registered on this website, which allows him/her to make purchases, request services and obtain information (the “Account”). This Key is for personal use, and its delivery to third parties does not involve liability on the part of )formy( or the companies in the event of improper, negligent and/or incorrect use.
The User shall be responsible for all operations carried out in and from his/her Account, since access to the same is restricted to the entry and use of a secret Key, which is known exclusively to the User. The Member undertakes to notify )formy( immediately and by suitable and reliable means, of any unauthorized use of his/her Account and/or Key, as well as access by unauthorized third parties to the same. It is clarified that the sale, assignment, loan or transfer of the Key and/or Account is prohibited under any title.
)formy( reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or reimbursement.
HOME
The address of )formy( is set at Av cra 50 # 33sur -44 Bogota – Colombia.
Jurisdiction and Applicable Law
This agreement shall be governed in all its points by the laws in force in the Republic of Colombia.
Any controversy arising from this agreement, its existence, validity, interpretation, scope or compliance, will be subject to the applicable laws and the competent Courts of the City of Bogotá and the procedures will be carried out in the Spanish language.
TRAINED USERS:
The Services are only available to individuals who have legal capacity to enter into contracts. Individuals who do not have such capacity, minors, or )formy( Users who have been temporarily suspended or permanently disabled are not allowed to use the Services. If you are registering a User as a Business, you must have the capacity to enter into contracts on behalf of such entity and to bind it to the terms of this Agreement.
FORMATION OF PURCHASE CONSENT:
The consumer's consent is expressed in the purchasing steps of the site by accepting each one of them and is perfected with the final purchase declaration after having reviewed the order summary. Before the final purchase confirmation, the Customer may cancel the purchase at any time.
MODIFICATIONS TO THE AGREEMENT:
)formy( may modify the General Terms and Conditions at any time, making the modified terms public on the Site. All modified terms will enter into force 10 (ten) days after their publication. Within 5 (five) days following the publication of the modifications introduced, the User must communicate by e-mail if he does not accept them; in this case the contractual link will be dissolved and he will be disqualified as a Member. After this period, it will be considered that the User accepts the new terms and the contract will continue to bind both parties.
PROCEDURE FOR USING THIS WEBSITE:
In the contracts offered through the Site, the Offering Company will inform, in an unequivocal and easily accessible manner, the steps that must be followed to conclude them, and will inform, when appropriate, whether the electronic document in which the contract is formalized will be archived and whether it will be accessible to the Member. The mere fact of following the steps indicated for such purposes on this site to make a purchase is equivalent to accepting that the Offering Company has effectively complied with the conditions contained in this section. It will also indicate its postal or electronic address and the technical means available to the Member to identify and correct errors in the shipment or in its data.
PAYMENT METHODS THAT CAN BE USED ON THE SITE:
The products and services offered on the Site, unless a different method is indicated for particular cases or offers of certain goods or services, can only be paid for with the means specifically indicated in each case. The use of credit cards will be subject to the provisions of these Terms and Conditions and, in relation to their issuer, to the provisions of the respective Opening Contracts and Rules of Use. In the event of a contradiction, the provisions of the latter instrument will prevail. In the case of bank cards accepted on the Site, the aspects related to them, such as the date of issue, expiration, limit, blocks, etc., will be governed by the respective Opening Contract and Rules of Use, such that the Companies will not be responsible for any of the aspects indicated. The Site may indicate certain purchase conditions depending on the payment method used by the user. )formy( may grant discounts in the form of credits that Users may deduct from their purchase. In each case, )formy( will unilaterally determine the maximum amount of credits that the User may use in a purchase and will detail it in the system, prior to starting the payment process. The credits used by Users will not be refunded in the event of return of the products, for whatever reason this may occur.
FORMATION OF CONSENT IN CONTRACTS ENTERED INTO THROUGH THIS SITE:
Through the Website )formy( companies will make offers of goods and services, which may be accepted through acceptance, electronically, and using the mechanisms that the Site itself offers for this purpose. Any acceptance of an offer will be subject to the suspensive condition that the Offering Company validates the transaction. Consequently, for any operation carried out on this Site, confirmation and/or validation or verification by the Offering Company will be a requirement for the formation of consent. In order to validate the transaction, the offering company must verify: a) That it validates and accepts the means of payment offered by the user, b) That the data registered by the client on the site coincide with those provided when accepting the offer, c) That the payment is credited by the User.
In order to inform the User or consumer about this validation, the Offering Company must send a written confirmation to the same email address that the User who accepted the offer has registered, or by any means of communication that guarantees the due and timely knowledge of the consumer, or by means of the effective shipment of the product. Consent will be deemed to have been formed from the moment this written confirmation is sent to the User and in the place where it was issued. The offer made by the User is irrevocable except in exceptional circumstances, such as if )formy( substantially changes the description of the item after an offer has been made, or if there is a clear typographical error.
Legal Notice: The sale and dispatch of products is subject to their availability and product stock. When the product is not available, )formy( will immediately notify the customer and return the full amount of the price paid.
OFFER VALIDITY PERIOD AND PRICE:
The validity period of the offer is the one that coincides with the effective date indicated in the promotion or by virtue of the exhaustion of the quantities of products available for that promotion duly informed to the User, or while the offer remains available, whichever is shorter. Whenever a promotion does not indicate an end date, it will be understood that the activity will extend until the corresponding inventories are exhausted.
The prices of the products and services available on the Site, as long as they appear on it, will only be valid and applicable on it and will not be applicable to other sales channels used by the companies, such as physical stores, telephone sales, other electronic sales sites, catalogs or others. The prices of the products offered on the Site are expressed in Colombian pesos unless otherwise stated. The prices offered correspond exclusively to the value of the good offered and do not include transportation, handling, shipping, accessories not expressly described or any other additional item.
Additionally, it is possible that a number of products may be listed at an incorrect price. If there is a typographical error in any of the product prices, if the item's correct price is higher than the price stated on the website, at our discretion, )formy( will contact you before the product is shipped and/or cancel the order and notify you of the cancellation.
Companies may modify any information contained on this Site, including those related to merchandise, services, prices, stocks and conditions, at any time and without prior notice, until the time of receiving a purchase acceptance, which will bind the Offering Company, subject to the validation conditions indicated above, that is, once consent has been formed between the parties of a certain transaction.
PROMOTIONS:
The promotions offered on )formy( - www.formy.com.co are not necessarily the same as those offered by other sales channels used by )formy(, such as physical stores, telephone sales, catalogs or others, unless expressly stated on this site or in the advertising carried out by the companies for each promotion. When the Site offers promotions consisting of free or discounted delivery of a product for the purchase of another, the dispatch of the good that is delivered free of charge or at a reduced price will be done in the same place where the purchased product is dispatched.
In addition to the general terms and conditions set forth herein, when )formy( conducts promotions on billboards, radio, television or other advertising media, the following specific Terms and Conditions additionally apply:
1. The use of the discount coupon is completely free
2. When discount coupons are offered, the value of the coupon, the minimum purchase amount to redeem the voucher and the valid dates for its redemption will be indicated in the advertising.
3. The discount coupon applies to purchases made exclusively on the )formy( page
4. Any natural person over eighteen (18) years of age may use the discount coupon.
5. The discount coupon is not valid for gift cards or corporate sales. Corporate sales are understood to be all sales made to legal entities.
6. The maximum purchase amount for the use of the coupon is four (4) million pesos.
7. Cannot be combined with other promotions.
8. The voucher can only be used once by each client.
9. By making a purchase with the coupon, it is understood that the consumer has fully accepted the general Terms and Conditions of the page as well as these specific Terms and Conditions.
DISPATCH OF PRODUCTS:
Products purchased through the Site will be subject to the shipping and delivery conditions chosen by the User and available on the Site. Information on the shipping location is the sole responsibility of the User.
)formy( will communicate by email to the Users the data so that they can track the status of the shipment online.
If the User is absent when the order is dropped off and no one receives it at the place of residence, a notice will be left stating the time of the visit. During the following three (3) days after the first attempt, the courier will return to the address to deliver the order. If no one receives the product again, a third attempt will be made and if unsuccessful, the product will be returned to )formy(, and the User must contact our offices to coordinate a new delivery, the cost of which will be the sole responsibility of the User.
Warning: )formy( cannot guarantee the delivery to some regions of the country of products considered oversized or overweight by the mail companies. When this happens, we reserve the right to revoke orders that are found in these conditions, in which case the order will be reversed and the value of the price will be refunded to the customer as soon as possible.
RETURN AND EXCHANGE POLICY WITH RIGHT OF WITHDRAWAL:
)formy( offers its customers the possibility of withdrawing from the purchase during the first 10 calendar days after delivery of the product.
The aforementioned retractions must be requested through the Website.
In order to exercise the right of withdrawal, the consumer must comply with certain general conditions. When a product has specific conditions for exercising the right of withdrawal, this will be specified in the product characteristics.
After making the withdrawal on the page, )formy( will have a maximum of 48 business hours to send the reverse logistics guide for the return of the product or the data to make the shipment for collection through the carriers INTERRAPIDISIMO and SERVIENTREGA exclusively, if this is not sent within the first 5 business days after the guide or return information is sent, it will be understood that the customer wishes to cancel the withdrawal.
GENERAL CONDITIONS FOR A WITHDRAWAL:
The product must not be damaged or deteriorated due to customer actions.
The product must have labels, sales invoice, accessories and original packaging (including manuals, user guides, warranty certificates, etc.).
The product must not show signs of use, dirt or wear.
The product must not be more than TEN (10) calendar days after delivery.
The purchased product must not be for personal or intimate use.
LOGISTICS CONDITIONS FOR WITHDRAWAL:
As a general rule, the customer must go to an INTERRAPIDISIMO or SERVIENTREGA point with the guide sent by )formy(, or with the information provided in writing for the return of the order to proceed with returning the product.
When the package exceeds 20 kg, it will be collected directly at the place where the product was delivered.
The personnel in charge of collecting the product are not authorized to disassemble or manipulate the product; their only function will be to collect it.
If the product is not in its original packaging, the collection will not proceed.
REFUND CONDITIONS FOR WITHDRAWAL:
If the product was paid for with payU or epayco, the refund will be made through said platform, giving the user the possibility of withdrawing it to their bank account or using it on other websites that accept payU or epayco as a payment method. Cash refunds will not be made.
Only if these conditions are met will the customer receive the full amount of the product. Otherwise, the product will be returned to the customer and there will be no refund.
CLAIM CONDITIONS FOR WRONG PRODUCT:
In the event that the customer receives a product with characteristics different from those described on the page at the time of purchase, the following procedure must be carried out in order to verify the validity of the claim.
The customer must make the withdrawal request through the website or by email within the following 10 calendar days after receiving the product. They can use the chat, and if they do not have access, they must contact us through the data provided on the sales invoice.
The customer must send the images of the wrong product to info@formy.com.co indicating the reason for the claim in the subject of the email, within the following 48 business hours of receiving the item.
Once the Customer Service area receives the required documents and the data is verified, within 24 hours the Reverse Logistics Guide or the data will be sent so that a shipment can be collected at an Interrapidisimo point chosen by the client, and the collection of the order will be scheduled.
Once the return process has been completed, the order will be reordered so that the customer receives the product with the characteristics initially acquired.
If the client does not send the requested images, he/she may apply the right of withdrawal through the website, in accordance with the provisions of this policy.
If the customer purchased an intimate product and received one with different characteristics, after verifying that it was indeed an error by )formy(, the correct product will be sent to the customer without having to start a return process.
Product considered by foirmy as intimate:
Underwear and bathing suits.
Tights and leggings
Imitation jewelry
Breastfeeding or baby feeding products
Vitamins, supplements and cosmetics.
WARRANTY POLICY:
In the event that a product purchased through )formy( presents operating problems or damage after receipt, the customer may contact )formy( directly to receive appropriate support for their warranty request. All warranty requests must meet the following conditions:
The product warranty must be valid.
The product must have an invoice and warranty documents. If the product does not have a document certifying a warranty period, it must be less than 2 months old.
Product damage must be due to a manufacturing defect, technical failure or irregularity. No warranty will apply if the product shows signs of misuse by the customer.
)formy( has the right to replace, repair or refund the product.
At the consumer's choice, )formy( will pick up the product where it was delivered or the consumer may ask the consumer to leave it at the service point provided for this purpose. In the latter case, )formy( will cover all shipping costs.
The consumer will be sent a maximum of two Reverse Logistics Guides or will be notified once via the email registered to the consumer with the data to carry out the shipment for collection so that the consumer can return the product to )formy( and it can carry out the necessary analysis to determine if the guarantee applies. Each guide will be valid for one day. In the event that the consumer does not send the second guide, he/she must send the product to )formy( assuming the shipping cost, money that will be refunded if the guarantee applies.
The repaired or replacement product must be delivered to the consumer at the same place where the legal guarantee was requested, unless the consumer requests another place and )formy( accepts it. If transport is required for the product, the costs must be assumed by )formy(.
In the event that the good must be replaced with another one of the same or the same characteristics, the supplier will proceed with its replacement within ten (10) business days following receipt of the product by the supplier.
The repair will be carried out within thirty (30) business days, counted from the day after the delivery of the goods to the supplier for repair.
In the event that a refund must be made, this will be done as follows:
From the day after the acceptance of the guarantee by the supplier and its subsequent communication with )formy( and the client, )formy( has up to 25 days to make the refund.
In the event that the product cannot be repaired or the product failure occurs again, the supplier will inform the consumer of its decision on how to make the guarantee effective, either by refunding the money or by exchanging the product for an identical one or one with the same characteristics.
REFUNDS:
After the refund is approved, the customer can choose between these methods:
Bonus: This bonus is valid for one year, is not cumulative and must be used in a single purchase. The refund period is 1 business day.
Money claim: The money is deposited into the payU, epayco, efecty or baloto account, they are in charge of making the refund to the final customer, in case of credit card the money will be reversed through a payment reversal, with other payment methods you must contact payU or epayco.
INTELLECTUAL AND INDUSTRIAL PROPERTY:
All content included or made available to the User on the Site, including text, graphics, logos, icons, images, audio files, digital downloads and any other information (the "Content"), is the property of )formy(. or has been licensed to it by the Supplier Companies. The compilation of the content is the exclusive property of )formy( and in this regard, the User must refrain from extracting and/or reusing parts of the Content without the prior express consent of the Company.
In addition to the Content, the trademarks, denominative or figurative, service marks, industrial designs and any other element of intellectual property that is part of the Content (the "Industrial Property"), are the property of )formy( or the Supplier Companies and, for this reason, cannot be used by Users in connection with any product or service that is not provided by )formy( in the same sense, the Industrial Property may not be used by Users in connection with any product and service that is not those marketed or offered by )formy( or in a way that causes confusion with its customers or that discredits the Company or the Supplier Companies.
THIRD PARTY INTELLECTUAL PROPERTY:
)formy( is a law-abiding company and does not intend to take advantage of the reputation of third parties by appropriating the intellectual property protected by them. Therefore, we have tools that seek to ensure that products purchased through our website are original and have legally entered the country. Taking the above into account, if you suspect that any product found on our website infringes the intellectual property rights of third parties or infringes rights legally protected by you, we appreciate you notifying us so that we can immediately remove said products from our website and initiate all actions tending to prevent this from happening again.
RESPONSIBILITY OF )FORMY(
)formy( will use its best endeavours within its capabilities to ensure that the transmission of the Site is uninterrupted and error-free. However, given the nature of the Internet, such conditions cannot be guaranteed. Similarly, the User's access to the Account may be occasionally restricted or suspended in order to carry out repairs, maintenance or to introduce new Services. )formy( shall not be liable for any losses (i) not caused by the breach of its obligations; (ii) loss of profits or loss of business opportunities; (iii) any indirect damages.
LEGAL TERMS:
This Agreement shall be governed by and construed in accordance with the laws of Colombia, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions is declared illegal, or presents a gap, or for any reason is unenforceable, it shall be interpreted within the framework of the same and in any case it will not affect the validity and enforceability of the remaining provisions.
NOTIFICACIONES:
Cualquier comentario, inquietud o reclamación respecto de los anteriores Términos y Condiciones, la Política de Privacidad, o la ejecución de cualquiera de éstos, deberá ser notificada por escrito a )formy( utilizando los siguientes canales:
POLÍTICA DE TRATAMIENTO DE DATOS PERSONALES:
Gracias por acceder a la página web www.formy.com.co (el “Sitio”) operada por )formy( Nosotros respetamos su privacidad y su información personal.
Nuestra Política de Privacidad explica cómo recolectamos, utilizamos y (bajo ciertas condiciones) divulgamos su información personal. Esta Política de Privacidad también explica las medidas que hemos tomado para asegurar su información personal. Por último, esta política de privacidad explica los procedimientos que seguimos frente a la recopilación, uso y divulgación de su información personal.
La protección de datos es una cuestión de confianza y privacidad, por ello es importante para nosotros. Por lo tanto, utilizaremos solamente su nombre y la información referente a Ud. bajo los términos previstos en nuestra Política de Privacidad.
Sólo mantendremos su información durante el tiempo que nos sea requerido por la ley o debido a la relevancia de los propios fines para los que fueron recopilados.
Ud. puede visitar el sitio y navegar sin tener que proporcionar datos personales. Durante su visita al sitio, Ud. permanecerá anónimo y en ningún momento podremos identificarlo, a menos que Ud. tenga una cuenta en el sitio e inicie sesión con su nombre de usuario y contraseña.
DESPACHO DE LOS PRODUCTOS:
Los productos adquiridos a través del Sitio se sujetarán a las condiciones de despacho y entrega elegidas por el Usuario y disponibles en el Sitio. La información del lugar de envío es de exclusiva responsabilidad del Usuario. Los plazos elegidos para el despacho y entrega, se cuentan desde que )formy( haya validado la orden de compra y el medio de pago utilizado, y se consideran días hábiles para el cumplimiento de dicho plazo. Los pedidos serán despachados de los depósitos de )formy( treinta (30) días hábiles después de finalizada la venta.
)formy( comunicará por mail a los Usuarios los datos para que pueda realizar el seguimiento del estado del envío por Internet. Si el Usuario se encontrara ausente cuando se le visita para dejar el pedido y nadie lo recibe en el lugar de residencia, se dejará un aviso en el que figure la hora de la visita. Durante los siguientes tres (3) días del primer intento, el correo regresará al domicilio para efectuar la entrega del pedido. En caso que nuevamente nadie reciba el producto, se realizará un tercer intento que de ser fallido, el producto será reintegrado a )formy(, debiendo el Usuario ponerse en contacto con nuestras oficinas para coordinar una nueva entrega cuyo costo estará a exclusivo cargo del Usuario.
El Usuario reconoce y acepta que los datos de ubicación suministrados para que )formy( efectúe la entrega de los productos adquiridos a través del Sitio son verdaderos y actuales. Por lo anterior, el Usuario voluntariamente declara que al suministrar tales datos, AUTORIZA irrevocablemente a la persona que para el momento de la entrega se encuentre en la dirección suministrada por el usuario, reciba el producto. En virtud de lo anterior quien se encuentre en la dirección indicada por el Usuario y declare de buena fe su disposición para recibir los productos, actuará en nombre y representación del Usuario y por lo tanto )formy( o sus contratistas estarán facultados para entregar los productos adquiridos a través del Sitio. Esta autorización incluye pero no se limita a las personas que ocupen continua o temporalmente cargos tales como porteros de edificios y copropiedades, empleadas del servicio doméstico, conserjes y en general a cualquier persona que al momento de la entrega manifieste estar autorizada para recibir los productos. Por lo anterior, )formy( no será responsable frente a la pérdida o daños que puedan sufrir los productos una vez éstos hayan sido debidamente entregados en la dirección suministrada por el Usuario. )formy( estará exento de responsabilidad siempre que pueda acreditar la entrega de los productos en la dirección suministrada por el Usuario.
Advertencia: )formy( no puede garantizar el envío a algunas regiones del país de productos considerados sobre-dimensionados o con peso excesivo por las empresas de correo. Cuando esto suceda, nos reservamos el derecho de revocar los pedidos que se encuentren en estas condiciones, caso en el cual la orden será reversada y el valor del precio será reembolsado al cliente en el menor tiempo posible.