GENERAL TERMS AND CONDITIONS FOR USERS OF CRISTALUP S.A.S.

Definitions:

 

1. CRISTALUP: is a company specialized in the commercialization of beauty products, which generate a positive impact on our surroundings. When reference is made to CRISTALUP, said reference will be to CRISTAL UP S.A.S., identified with Colombia National Tax I.D. XXXXX, its controllers, subsidiaries, branches, subsidiaries and/or other related companies and persons;
   
   
2. The Portal: is the platform through which CRISTALUP offers its beauty products to visitors. When reference is made to the Portal, it will be made to: https://www.cristalup.com. 
   
   
3. CRISTALUP Products:  refers to all CRISTALUP products, in their different presentations, for cosmetic use, that is: crystal baby nail files, crystal nail files, cuticles crystal stick, moisturizer for nails and skin, highlighter shadow, box to store products, glass files, and any other product that the company wishes to market.
   
   
4. Potential Users: they are the people interested in the Portal who enter it filling in their personal data, thus being people who can potentially acquire the Products offered by CRISTALUP.
   
   
5. Users: are all those natural or legal persons interested in CRISTALUP products. That is, they are all those Potential Users who fill out their personal data on the Portal and purchase the CRISTALUP Products.
   
   
6. Coordinadora: COORDINADORA MERCANTIL S.A. is a leading Company for the transportation of merchandise, packages and documents in Colombia and it is the Company with which CRISTALUP enters into a delivery service contract for the delivery of  CRISTALUP Products purchased by Users.

Conditions of Access and Registration on the Portal.

 

1. These terms and conditions govern the legal relationship between User and CRISTALUP (hereafter, “Terms”), that is, they are applicable to Products displayed on the Portal.
   
   
2. Any person who does not accept these Terms, which are binding, must abstain from using or registering on the Portal.
    
3. The User of the Portal, must read, understand and accept all conditions established in these Terms and in the Privacy Policy, as well as in other documents incorporate to them by reference.

 

Terms of the contract.

 

The contract between CRISTALUP and User is entered into when a purchase offer is made by a User on our website, and said offer has been accepted by CRISTALUP. Said contract is governed by the present Terms and Conditions, which will govern the relationship that results from the purchase agreement of products displayed on the Portal. 

However, for a valid offer to purchase products by a User to exist, it is necessary that said User fills in the electronic form on the website, in which it will include, among others: client’s personal data, choice of quantities and desired products, payment option, data that, depending on the payment option, may be necessary. When said form has been correctly filled in, and it has been satisfactorily received by CRISTALUP, User’s offer will be binding on client. In that moment, CRISTALUP will verify the validity of the offer and decide whether to accept it or not. Hence, no offer will bind CRISTALUP before acceptance thereof by CRISTALUP. 

All quotes given by CRISTALUP will be valid only up to the moment the final value of the offer to purchase is liquidated. For this reason, CRISTALUP reserves the right to modify prices of products at any time prior to acceptance of the offer, without needing to notify said change by any means.

Terms of use for Users.

Purchase process.

User must insert: (i) CRISTALUP Products in the cart, and (ii) information such as contact data, delivery and invoice address. The User will do the payment through the payment gateway available on the portal called Mercado Pago, through which it may chose among different means of payment: PSE, debit card, credit card or cash payment through Efecty, 472, soluciones en red, or baloto.

Additionally, Users may contact a CRISTALUP advisor through our official Instagram account @cristalup or by WhatsApp at the number 317 6680840, by these means they can purchase the Products they wish. For payment, User may chose between: (i) a link that directs User to Mercado de Pago, the aforementioned payment gateway, (ii) Bancolombia's bank account number or (iii) Bancolombia's QR Code.

CRISTALUP has the Bancolombia application enabled, so interested Users can make the payment through this platform.

Incomplete Purchase process.

As in many opportunities our Users may have difficulties to advance with the payment of the selected CRISTALUP Products, in the event in which we identify that said Products are in the shopping cart, without having been eliminated or paid, we will proceed to contact the User to offer our help.

Delivery Policies.

CRISTALUP Products will be delivered to the whole of Colombia, within the geogprahical limits of Coordinadora, so User must bear in mind:

• User will asume the cost of the delivery of CRISTALUP Products. The value of the delivery may vary depending on the location of User. 
  
• Cost of delivery will be estimated based on two factors: 

1. City were CRISTALUP Products are to be delivered
2. Type of delivery requested by User (express or standard)

CRISTALUP Products will be delivered through the Coordinadora shipping company, or through a CRISTALUP ally, therefore, CRISTALUP Products will be shipped within the coverage area set up by Coordinadora.

1. Shipping will take a maximum of 4 business days from the business day following the purchase date, depending on two factors:
2. Whether the order is placed on a business day or during the weekend or holidays, and
3. The city in which User wishes CRISTALUP Products to be delivered, that is, if it is located in the metropolitan area of ​​Valle de Aburrá or in another city in the national territory.

It should be noted that, within the maximum calculation for the delivery of CRISTALUP Products, we are not exempt from the occurrence of an event that prevents the delivery of the same within the previously agreed period, that is, an unpredictable, irresistible event occurs, and outside the will of CRISTALUP, which prevents the delivery from being made within the agreed period, and therefore the delivery is postponed or takes longer than usual.

Payment upon delivery.

En los casos en los que usted Usuario escoja el pago contra entrega, una vez confirmada la compra, se enviará el o los Producto(s) a la dirección informada.

In the event payment is done upon delivery, the property of the CRISTALUP Products will be transferred to client and or user from the moment payment is made by client and or user at the place of delivery. However, in the event of other means of payment available on the company’s website, transfer of property of CRISTALUP products will occur in favor of User when products are packaged and sent from the authorized facilities of CRISTALUP S.A.S. 

Finally, we must warn that if the price of the products is not paid, a breach of the contract occurs, which automatically means that CRISTALUP may terminate the agreement. In these cases, CRISTALUP may ask User to return products and, additionally, it may start any action applicable to obtain damages for breach of contract. 

• Change Policy. 

1. To make a change, User must send a message with its request to the following email info@cristalup.com or call the following telephone number, and make the request 3176680840. The hours of operation will be from Monday to Friday from eight in the morning (8:00 a.m.), until five in the afternoon (5:00 p.m.), and Saturdays from eight in the morning (8:00 a.m.), until twelve noon (12:00 pm). There will be no customer service on Sundays or holidays.

1. For hygiene reasons, we do not accept exchanges or returns on crystal products such as files, polishers, cuticles stick, foot scrapers and Eyettitude.

1. The other Products offered by CRISTALUP that are acquired through the Portal, can be changed as long as the following conditions are met:

1. User must request the change of the CRISTALUP Product(s) within a period that does not exceed five (5) calendar days, counted from the moment of delivery of the CRISTALUP Product at the address indicated by the User.

1. All changes require the presentation of the original purchase invoice.
   
   
2. The CRISTALUP Product (s) cannot be used or modified from their original state, they must be in a good condition, with no use, in their original packaging, with promotions and labels attached to it. That is, the dirty, broken parts, with amendments or any type of anomaly, must be sent by the User to the guarantee process with the area in charge.
   
   
3. The shipping costs for the exchange of CRISTALUP Products, will be paid by User.
    
4. The request for change will be analyzed by CRISTALUP to verify compliance with the requirements already indicated, the maximum time to respond to a request for change of merchandise is fifteen (15) business days.

CRISTALUP may reject the change request, if it is untimely, when the CRISTALUP Product has been used in conditions other than those recommended or inherent to its nature or destination, if it has been modified or has suffered an essential, irreparable and serious deterioration due to causes attributable to User.

• Right of withdrawal.

1. In compliance with the provisions of Article 47 of Law 1480 of 2011 (the Consumer Statute), Users who have acquired CRISTALUP Products through non-traditional methods such as the Portal, Instagram or WhatsApp may exercise the right of withdraw within five (5) business days from the delivery of the Product offered by CRISTALUP. In the event User uses its right to withdraw, the contract will end and the money that the User had paid will be returned.
   
   
2. User must return said Product to CRISTALUP by the same means and under the same conditions in which it was received. The transportation costs and the others that the return of the CRISTALUP Product entails will be covered by the User.
   
   
3. In accordance with the foregoing, CRISTALUP will return to User the total value paid for the CRISTALUP Products. This reimbursement will be made in accordance with the means of payment used by the User, within a period not exceeding thirty (30) business days from the receipt of the CRISTALUP Products.

• Representations and acceptance of responsibility by User.

User represents and accepts:

1. That it accepts the terms and conditions set forthin the portal.
   
   
2. With the acceptance of these Terms, User declares to know and accept that User will not be able, without the prior, express and written authorization of CRISTALUP, to assign under any title, operation or legal business the rights and obligations that emanate from this document. 
   
   
3. That User gives its consent, with the right to revoke it at any time, to CRISTALUP to share its personal or corporate data, as well as the data of the purchases made that contain the following: date of purchase, place of purchase, time of purchase, value of the purchase, to Coordinadora or another transport company, and other agents that require this data to complete the purchase process in a timely manner

• Exclusion of responsiblity by CRISTALUP regarding functioning and content of the Portal.

1. CRISTALUP is not responsible for any damage, or loss that is generated to Users caused directly or indirectly by failures in the system, in the server, on the Internet or in the Portal. Nor will it be responsible for any virus that could infect the User's and/or Potential Users' devices as a result of access, use or examination of its website or as a result of any transfer of data, files, images, texts, or audio contained in the same. Users may not impute any responsibility or claim payment as a result of damages resulting from technical difficulties or failures in the systems or on the Internet.
   
   
2. CRISTALUP does not guarantee continuous or uninterrupted access and use of the Portal. 
   
   
3. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance. In such cases, an attempt will be made to restore it as quickly as possible without any kind of liability being attributed to CRISTALUP.
   
   
4. The Portal may contain links to other websites, which does not imply that they are owned or operated by CRISTALUP. Because CRISTALUP does not have control over such sites, it will not be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by their use, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, or endorsement by CRISTALUP of said sites and their contents.

Intellectual property, personal data and use of images.

1. The contents of the screens related to the services offered on the Portal, as well as the programs, databases, networks, files that allow User and Potential Users to access the Portal and interact, belong to CRISTALUP. The improper use and the total or partial reproduction of said contents is prohibited, unless expressly authorized in writing by CRISTALUP.
   
   
2. In compliance with article 15 of the Political Constitution, and in accordance with the provisions of Law 1581 of 2012, Decree 1377 of 2013 and other regulations that regulate the issue of the rights of protection of personal data, self-image and privacy , among other rights, CRISTALUP represents and guarantees that:
   
   
3. It is responsible for personal data and is committed to respecting and guaranteeing the rights of Users.
   
   
4.  It complies with data protection norms.
   
   
5. It will use User's data for the purposes of the contractual relationship governed by these Terms.
   

Treatment of personal data

Upon registration on the Portal, Potential User and/or User expressly authorizes CRISTALUP, its parent company, affiliates, subsidiaries and/or companies or persons related to these, or another Company that was hired for the same purposes (hereinafter People Responsible and in charge) to collect and process the personal data that are registered by User or Potential User, in order to promote CRISTALUP Products.

The personal data that Users and Potential Users provide may not be used for purposes other than those authorized.

In accordance with the foregoing, Potential User or User, expressly authorizes CRISTALUP, its parent company and its subsidiaries (or another company that was hired for the same purposes) to make use of the information provided for the purposes agreed upon in the contractual relationship governed by these Terms.

CRISTALUP will process personal data for the following purposes:

1. To generate optimal communication in relation to our services, CRISTALUP Products, promotions, billing and other activities.
   
   
2. Administrative, commercial, promotional, informative, marketing and sales purposes.
   
   
3. Potential User, and/or the User, may revoke their consent to the processing of personal data in writing at any time electronically to the current contact info@cristalup.com. There you must send your revocation request, making sure to include your name, landline or cell phone number, address, email, as well as the specific changes you want to make. This in order to identify the User and/or Potential User, in our systems, thus speeding up the times to respond to said request satisfactorily and in a timely manner.
   
   
4. We must point out even if Users have chosen to be excluded from advertising communications, they may continue to receive commercial communications, such as: order confirmations, notifications of withdrawals from the market, and the like.

Users and Potential Users, holders of personal data, are informed of the following rights:

• To know, update, rectify their personal data before People Responsible and in charge.
• To request evidence of authorization granted to People Responsible and in charge.
• To be informed by People Responsible and in charge, prior request, of the use given to their personal data.
• Prior complaint or consultation before People Responsible and in charge, to present a complaint for breach of applicable law at the Superintendency of Industry and Commerce.
• Said complaints and consultations before People Responsible and in charge, may be done at the phone number 3176680840 or at the email address info@cristalup.com
• To revoke authorization and/or request supression of data when treatment thereof does not respect constitutional and legal principles rights and guarantees.
• To freely access your personal data that has been treated.

CRISTALUP has a Personal Data Treatment Policy, which any User or Potential User, as the owner of their data, may consult at (…)

1. Severability. 

Should one or some clauses herein contained be declared null, illegal, void in any regard, the remaining clauses will not be affected and, on the contrary, will maintain full validity, legality and enforceability.

Applicable legislation and jurisdiction. 

The present Terms and Conditions are governed and must be construed under the law of the Republic of Colombia, any controversy between our Users and CRISTALUP will be solved by an Arbitral Tribunal governed by the rules of the Arbitration and Conciliation Centre of the Chamber of Commerce of Medellín, in accordance with the following rules:

1. The Tribunal will be formed by one (1) arbiter;
   
   
2. The Tribunal will apply the law;
   
   
3. The Tribunal’s seat and deliberations will take place in Medellín, at the Arbitration and Conciliation Centre of the Chamber of Commerce of Medellín;
   
   
4. For what is not provided for under the present Terms and Conditions, applicable norms on the matter will be applied, that are in force at the moment any of the parties serves notice to arbitration. CRISTALUP and its users waive freely, expressly and voluntarily to any other forum available at their domicile. 

Miscellaneous.

1. The ideas, opinions, suggestions and comments that are sent by the User to CRISTALUP, spontaneously and without prior request, may be used by CRISTALUP. It is understood that this information is not confidential and is not protected by any regulation related to intellectual or industrial property issues. The sender of this information may not claim compensation or participation whatsoever due to its commercial use or not.
   
   
2. These Terms, and all relationships that may derive therefrom, are governed by the Laws of the Republic of Colombia.
   
   
3. Terms, together with those documents that may be drafted in the future, have the scope of informing Users on terms and conditions of use of the Portal and rights and obligations they enter into therethrough.
   
   
4. By authorizing access of Users to the Portal, CRISTALUP does not grant any license or authorize any use of any of its rights or assets of its property, related to contents displayed.
   
   
5. CRISTALUP is under no obligation to keep the Portal active. Likewise, CRISTALUP reserves the right to admit any person and to suspend service without prior notice, for whatever reason.
   
   
6. CRISTALUP reserves the right to modify and interrupt production of products at any time without prior notice. CRISTALUP S.A.S. has the obligation of dispatching products when these have been ordered by a client or user, in optimal quality terms and apt for human use, in the terms and conditions set forth in the present Terms and Conditions. CRISTALUP S.A.S. has made its best effort so that the website exhibits images of the products with the best possible precision. However, colour visualization may depend on devices used by clients. For this reason, CRISTALUP S.A.S. cannot guarantee that the color our clients and uses see, exactly meets in a 100% the color of the product they chose to purchase.
   
   
7. CRISTALUP reserves the right to limit and cancel the quantities ordered by a User, and even to reject an entire order placed by a User. When one of these events occurs, CRISTALUP will make its best efforts to notify it, for which it will use the personal data of the interested User in our databases. Under CRISTALUP policies we reserve the right to limit or even prohibit sales to distributors, since we have defined other sales channels for them. Therefore, if you are interested in being our distributor, contact us at the contact details established in these Terms and Conditions, and we will gladly assist you.
   
   
8. Prohibitions: to use of the Portal, its technical elements and applications for illegal purposes; to violate, destroy, modify or use information of third parties without the proper authorization of the owner of the information; to use the name of CRISTALUP or to use the technological platforms provided by them to distribute commercial messages or unsolicited emails (Spam); to use the name of CRISTALUP or use the technological platforms provided by them to transmit or disseminate pornography, child pornography, racist material, threats of any kind, verbal abuse that threatens the moral integrity of people or any other manifestation that violates valid Colombian legislation; to upload files to the Portal that may threaten the information contained therein, such as, but not limited to, viruses and worms; any conduct that generates or may generate, but not limited to, errors, damages, interruptions or suspension of the operation of the Portal; the attempt to access restricted areas and/or the impersonation of a User, Potential User or any third party.
   
   
9. The purchase of CRISTALUP Products, does not imply the obligation for CRISTALUP to provide additional post-delivery service for any of the products displayed on the Portal, except for the previously established delivery service.
   
   
10. The User undertakes to act in good faith at all times and, especially, in their relationships with other Users and CRISTALUP.