Here, we describe the “General Terms and Conditions” applicable to the access and use of the services offered by MOIKA COLOMBIA SAS through its website moikacoffee.com (“the Services”), and/or other domains (URLs) related to “moikacoffee.com,” within these Terms and Conditions.
Anyone wishing to access, subscribe, and/or use the Site or the Services may do so subject to the General Terms and Conditions along with all other policies and principles governing “moikacoffee.com,” which are incorporated into this policy directly or by reference, as explained and/or detailed in other sections of the Site. Therefore, all visits and all contracts and transactions carried out on this site, as well as their legal effects, shall be governed by these rules and subject to the applicable legislation in the Republic of Colombia.
The User must read, understand, and accept all the conditions set out in the General Terms and Conditions and in the Privacy Policy of “moikacoffee.com,” as well as in the other documents incorporated into them by reference, prior to registering as a User of “moikacoffee.com,” or acquiring products and/or providing any data for any purpose. If the user uses the “moikacoffee.com” Site, it implies full acceptance of the conditions set forth in the General Terms and Conditions. By using the website “moikacoffee.com” (“Service”), you (“The User”) accept that you will be bound by the following terms and conditions (“User Agreement”).
Availability of the Service
The Services are only available to individuals who have the legal capacity to contract. Persons who do not have this capacity or minors may not use the services. The acts carried out by these individuals on this site will be the responsibility of their parents, guardians, caretakers, or curators. Anyone registering a User as a company must have the capacity to contract on behalf of that entity and bind it to the terms of this Agreement.
Terms and Conditions of Offers, Prices, and Promotions
The validity period of the offer is the one that coincides with the validity date indicated in the promotion or due to the depletion of the quantities of products available for that promotion, duly informed to the User, or as long as 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 inventory corresponding to it is exhausted. Additionally, some products may have an incorrect price. If there is a typographical error in any of the product prices, if the correct price of the item is higher than the one shown on the page, at our discretion, “moikacoffee.com” will contact you before the product is shipped, and/or cancel the order and notify you of the cancellation. The promotions offered on this website may not necessarily be the same as those offered by other sales channels used by the brands, such as physical stores, telephone sales, catalogs, or others, unless expressly stated on this site or in the advertising carried out by the brands for each promotion.
Photographs
Descriptions and photographs of the products are based on journalistic work and real photography. However, some published images may have advertising purposes and may not exactly match what will be delivered.
Intellectual and Industrial Property
All content included or made available to the User on the Site, including text, graphics, logos, icons, images, audio files, and any other information, is the property of the company or has been licensed to it by suppliers. The compilation of Content is the exclusive property of “moikacoffee.com,” and, in this sense, the User must refrain from extracting and/or reusing parts of the Content without the prior and express consent of the company. “moikacoffee.com” is a company respectful of the law 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. Given the above, 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, please notify us to immediately remove such products from our website and initiate all actions to prevent this from happening again.
Responsibility of “moikacoffee.com”
“moikacoffee.com” will do its best within its capabilities to ensure that the Site’s transmission is uninterrupted and error-free. However, given the nature of the Internet, these conditions cannot be guaranteed. Likewise, User access to the Account may be occasionally restricted or suspended in order to carry out repairs, maintenance, or introduce new Services. “moikacoffee.com” will not be liable for losses (i) that have not been caused by the breach of its obligations; (ii) loss of profit or loss of business opportunities; (iii) any indirect damage.
Legal Terms
This agreement will be governed and interpreted in accordance with the laws of Colombia, without giving effect to any principle of conflict of laws. If any provision of these Terms and Conditions is declared illegal or presents a void, or for any reason becomes unenforceable, it shall be interpreted within the framework of this and in any case shall not affect the validity and enforceability of the remaining provisions.
Notifications
Any comments, concerns, or claims regarding the above Terms and Conditions, the Privacy Policy, or the execution of any of these, must be notified in writing to “moikacoffee.com” at the following email address: info@moikacoffee.com.
Use of Cookies
The User understands and accepts that the Company may use cookies to personalize and improve the User’s experience on the Website. Cookies are associated with a user and their computer and do not refer to personal data. The user can configure privacy settings to reject the installation of such cookies without affecting access to the page.
Modifications to the General Terms and Conditions
“moikacoffee.com” may modify the General Terms and Conditions at any time by making the modified terms public on the Site. All modified terms will come into effect 10 (ten) days after their publication. Within 5 (five) days following the publication of the modifications, the User must communicate by email if they do not accept them. In that case, the contractual relationship will be dissolved, and the User will be disabled. After this period, it will be considered that the User accepts the new terms, and the contract will continue to bind both parties.
Payment Methods and Purchases with MOIKA Credits
The products and services offered on the site, unless otherwise 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 is subject to what is established in these Terms and Conditions and, in relation to their issuer. The Site may indicate certain purchase conditions depending on the payment method used by the user. “moikacoffee.com” may grant discounts in the form of credits because Users can deduct them from their purchase.
(i) With Addi, you can buy what you want, when you want, easily, quickly, and transparently. You can obtain a pre-approved credit limit and pay in up to three (3) interest-free installments. The first charge will be generated 30 days after the purchase.
Dispatch and Delivery of Products
The products purchased through the site will be subject to the shipping and delivery conditions chosen by the User and available on the Site. The information about the place of delivery is the sole responsibility of the User. The chosen timeframes for shipping and delivery are counted from the transaction being approved and confirmed. “moikacoffee.com” will notify users by email of the information necessary to track the status of the shipment online. Users have 48 to 72 hours to report product failures. However, within our internal guidelines, we will ensure a timely solution to any case that arises, as long as all parameters and guidelines are subject to our policies. Warning: In some cases, shipping companies may consider oversized or overweight items, and in these cases, “moikacoffee.com” cannot guarantee shipping to some regions of the country. Therefore, we reserve the right to revoke orders that are in these conditions. The orders will be reversed, and the price will be refunded to the customer as soon as possible.
Returns and Changes Due to the Right of Withdrawal
“moikacoffee.com” offers its customers the possibility of withdrawing from the purchase during the first 5 business days after product delivery. Withdrawals must be requested by email to servicioalcliente@moikacoffee.com. To exercise the right of withdrawal, the consumer must meet certain general conditions. As stipulated by the regulation, the customer must return the product in the same condition as received and assume the costs (transportation, repackaging, labeling, etc.) related to such return. When a product has specific conditions for exercising the right of withdrawal, this will be specified in the product characteristics. The user has the right of withdrawal if the product: Is not damaged or deteriorated due to actions by customers. Has original labels, sales invoice, accessories, and original packaging (including manuals, usage guides, warranty certificates, etc.). Shows no signs of use, dirt, or wear and tear. Has not been delivered for more than FIVE (5) business days. Was paid by credit card, and the refund method chosen by the consumer is a chargeback to their credit card, the money will be refunded to the card used within 30 calendar days after “moikacoffee.com” accepts the withdrawal. These reversal times depend directly on the consumer’s bank. Bank reversal only applies to refunds on the entire order. To learn more about our refund policy, please write to servicioalcliente@moikacoffee.com. Only by meeting these conditions will the customer receive a full refund of their purchase, otherwise, the product will be returned to the customer, and there will be no refund. WARRANTIES WITHIN WITHDRAWAL TIMES PRODUCTS DAMAGED WITHIN THE FIRST 3 DAYS AFTER DELIVERY. THE PRODUCT WILL BE RETURNED TO THE CUSTOMER WITH THE SUPPLIER’S INFORMATION SO THAT THEY CAN HANDLE THE WARRANTY PROCESS. See here for delivery times by provider.
Warranty of Products
In the event that a product purchased through “MOIKA COLOMBIA SAS” presents operational issues or damages after its receipt, the customer can contact “MOIKA COLOMBIA SAS” within 48 hours, who will provide the supplier’s information to offer suitable support for your warranty request. All warranty requests must adhere to the following conditions:
- The product’s warranty must be valid, and the product should be accompanied by the invoice and warranty documents. In cases where the product lacks documentation certifying a warranty period, it should have been delivered within the past 6 months.
- The product’s damage should result from a manufacturing defect, technical failure, or irregularity. No warranty will apply if the product displays signs of misuse by the customer.
- In case there is evidence of an attempted assembly, the warranty will be void.
- Additionally, if more than 48 hours have passed since receipt, irrespective of whether it was delivered to the building’s porter or a resident, the warranty will no longer apply.
The supplier has the right to replace, repair, or refund the money for the product. In cases where the item needs to be replaced with an identical one or one with the same characteristics, the supplier will proceed with the replacement within ten (10) business days following the receipt of the product by the supplier. Repairs will be completed within thirty (30) business days following the day after the item is delivered to the supplier for repair.
In the event that a refund needs to be issued, it will be processed within 3 business days of the supplier accepting the warranty and subsequently communicating with “MOIKA COLOMBIA SAS.” The customer has up to 25 days to receive the refund.
If the product is not suitable for repair or if the product experiences a recurring issue, the supplier will inform the consumer of their decision regarding how to fulfill the warranty. This may involve a refund or the exchange of the item for an identical one or one with the same characteristics.
Clarification Note: Warranties are the responsibility of the supplier and are therefore governed by their respective policies.
Refunds
The processing time for a refund varies depending on the chosen payment method and the type of refund request. For a cancellation, the refund processing time begins once the product has been received by “MOIKA COLOMBIA SAS” or the supplier. In the case of withdrawal or warranty claims, the time depends on the acceptance of your request by “MOIKA COLOMBIA SAS” or the supplier. After the refund is approved, the customer can choose from the following methods:
- Voucher: This voucher is valid for one year from its issuance, cannot be accumulated, and must be used in a single purchase. The refund is processed within up to 5 business days.
- Bank transfer: To receive the money in a bank account, the account holder must be the same as the one who made the purchase on “MOIKA COLOMBIA SAS.” The refund duration is 15 business days.
- Credit card reversal: Refunds made through this method cannot be partial; only a refund of the entire order will be accepted. The refund duration is a maximum of 25 business days.
For all types of refunds, the information of the account holder must be accurate; otherwise, the processing times may be extended. The required information includes: ID, Customer Name, Bank Certification, Bank Account Type, Banking Institution, Product, and Value.
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