Terms and Conditions
A. Introduction
The Political Constitution of Colombia of 1991 established in its Article 78 the collective right of consumers to receive protection as subjects of a typically asymmetrical relationship with a company.
Through Law 1480 of 2011 or the Consumer Protection Statute, the Congress of the Republic of Colombia determined the aforementioned set of regulations and the respective decrees compiled in the Single Regulatory Decree of the Commerce, Industry and Tourism Sector (Decree 1074 of 2015) as well as in the Single Circular of the Colombian Superintendence of Industry and Commerce, among others.
SILEO, aware of its responsibility regarding Consumer’s Protection, will guarantee all the rights provided by the Colombian Constitution, the Law and regulatory acts for their fair participation in the market in compliance with the above provisions.
For such purposes, SILEO has prepared this Policy of Terms and Conditions of the E-commerce Portal www.sileotj.com, which application is mandatory for all natural or legal persons that, as consumers, make use of marketing services by a non-traditional or electronic channel through the aforementioned MarketPlace, in order to provide the necessary guidelines for compliance with the legal obligations regarding Consumer Protection defined in Law 1480 of 2011 and other rules that treat and regulate this matter.
For all relevant purposes, the domicile of the Company SILEO is CR 6 24 SUR 2 30, Medellín, Colombia.
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B. Object
The purpose of this Policy is to provide the necessary and sufficient information to the different stakeholders, as well as to establish the guidelines that guarantee the achievement of acceptable standards in terms of Consumer Protection in SILEO's procedures in order to comply with the law, policies and procedures regarding the defense of consumers' rights and providing mechanisms of assistance when they are not granted.
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C. Recipients
This Policy shall apply to all consumer relations in which SILEO is involved, in the direct placement of products or services, as well as in the respective marketing chains.
This Policy is aimed at ensuring that employees, suppliers, contractors, and all natural and legal persons related to SILEO along with other companies and citizens in general have at their disposal the necessary and sufficient information about the different rights they have as consumers in relationships created through the non-traditional sales channel or website www.sileotj.com.
This Policy is of mandatory knowledge and compliance by all natural or legal persons responsible for the administration of processed and procedures that manage consumer's rights and by those employees and contractors who receive, assist and respond directly or indirectly to requests (such as queries or claims) for information related to the consumers protection law.
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D. Scope
To ensure an expeditious and legal processing of the different requests and claims made by the consumers, as well as by their successors in title or any other person with the required authorization.
To comply with the requirements of the regulations in force regarding Consumer's Protection, as well as providing due protection to the interests and needs of the consumers related to SILEO.
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E. Warranty, Exchanges and Returns
Warranty or Quality Issues, Safety and Suitability
SILEO grants a warranty during a general term of fifteen (15) days for all products offered on www.sileotj.com unless an additional note is included with a particular period in the description field, published information or purchase process of any particular product. In case of doubt regarding the term of the warranty applicable to the product, the most beneficial one to the consumer will be preferred.
If the product or products purchased have a manufacturing defect technically verified by SILEO, the product will be repaired if it admits it or it will be exchanged for another of the same or similar characteristics. The fixation period may vary depending on multiple variables, so this property cannot be configured as a quality defect of any product.
SILEO will only refund money when the issue is associated with the quality, safety and suitability of the product in the event that it presents a repeated failure or defect or the order is issued by the competent authority.
There will be no place for any type of warranty when the damage, if any, comes from force majeure, a fortuitous event, a fact of a third party or misuse by the consumer or unauthorized people.
The procedure of assistance will be the one indicated in this document.
Right of Withdrawal, Exchanges and Returns
The right of withdrawal is only applicable for the placement of products and their sales through electronic channels or non-traditional sales in compliance with Law 1480 of 2011.
All products offered through this marketing channel are made in accordance with the specifications of the consumer in the terms of the third paragraph of Article 47 of Law 1480 of 2011, and consequently, are exempt from the right of withdrawal, this circumstance will be clearly and sufficiently informed in the purchase process.
SILEO informs that, due to the previously indicated nature of the products, this is a No Product Exchange and No Product Return Policy, so the company will not process requests related to exchanges or returns.
Payment Reversal
SILEO will reverse payments requested by the consumers when they are subject to fraud, or the purchase corresponds to an unsolicited transaction, or the product purchased is not received in a timely manner, or the product delivered does not correspond to what was requested or is defective (these are the "grounds"). The amount on which the reversal of payment is requested must be clearly expressed in the request and it must be related to the price of the product or products that fall into one of the grounds.
Reversion of payment shall be applicable when both the producer and the issuing entity of the electronic payment instrument are domiciled in Colombia.
For the exercise of the right of reversal of payment, the consumer shall consider the following formalities:
- The reversal must be requested within five (5) business days following the date on which the consumer has known of the valid cause of the reversal, through the channels provided in these terms and conditions;
- The request shall be in writing and shall specify (i) the grounds for the reversal, (ii) the amount which the reversal is requested for, (iii) the identification of the bank account, credit card or payment instrument to which the transaction has been charged; and
- The consumers must express in their requests that the product is available for pick up in the same conditions and at the same place where it was received, in case they have received the product at their address.
SILEO shall issue a record of receipt of the complaint indicating at least: the date and time of receipt and the alleged grounds for the complaint.
Within the same period of five (5) business days that the consumer has as the maximum term for the complaint to SILEO, the consumer must notify the issuer of the payment through the means available to the issuer about the reasons that have happened to start the request to the reversal of the payment. When the consumer of the product is not the holder of the payment instrument, the notification to the issuer must be submitted by the holder of the financial product. The content of the notification to the issuer is found by the consumer in Decree 587 of 2016 in its Article 2.2.2.2.51.6.
When a payment reversal of a bad faith nature is requested by the consumer, the Colombian Superintendence of Industry and Commerce may impose pecuniary sanctions up to fifty (50) legal monthly minimum wages in force at the time of the process.
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F. Qualifying Regions and Shipping
Qualifying Regions
The qualifying regions for shipping SILEO products are the territory of the Republic of Colombia and internationally through its electronic sales channels and in alliance with logistics and courier providers.
Shipping
Shipments to any destination have an additional charge that will be billed as an independent service not included in the product price, the customer may choose to pick up the product at the SILEO’s domicile address indicated in this document. The shipping cost for any destination is different and does not include taxes.
After the purchase is confirmed, the regular delivery period is twenty (20) business days.
These times may be extended due to force majeure or fortuitous events such as earthquakes, floods, among others; loss of connectivity in infrastructure due to natural disasters or severe weather conditions; general strike, road blockades by armed groups, among others. In these scenarios, SILEO will communicate with the customers in order to firstly keep the consumer informed and secondly agree on the decisions and the course of the purchase and delivery process, if applicable.
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G. Assisting Consumers with Petitions, Complaints, Claims and Congratulations
Petitions, complaints, claims and congratulations formulated by SILEO’s Consumers should be addressed to:
- Customer Service Director: Juliana Gómez Sánchez
- E-mail address: sileotj@gmail.com
The aforementioned role will be the person that the Consumers need to contact for all the purposes set forth in this Policy.
Petitions, Complaints, Claims and Congratulations Assistance Procedure
The Consumers, regardless of the type or channel of commerce through which they have stablished a relationship with SILEO, may exercise their rights as consumers filing requests with petitions, complaints, claims or congratulations.
Responsible party of assisting requests
The Customer Service Director of SILEO will be responsible for receiving and processing the submitted requests, in the terms, intervals and conditions set forth in Law 1480 of 2011 and in this Policy.
Requests addressed to SILEO must have been submitted through the contact means enabled by the Company and they must contain at least the following information:
a. Names and surnames of the Consumers and/or their representative(s) and/or assignee(s).
b. A clear description of the object of the request as a query, petition, complaint, claim, suggestion or congratulation.
c. Physical and electronic address and contact telephone number of the Consumers and/or their representative(s) and/or assignee(s).
d. Signature, identification number or corresponding identity validation procedure.
e. An invoice or elements that allow the interested parties to identify and individualize the transaction based on the consumption relationship, if applicable.
Once the REQUEST is received from the Consumers and/or their representative(s) and/or duly authorized assignee(s) through the channels established by the respective area of SILEO, the request will be forwarded to the Customer Service Director, who will proceed to verify that the request contains all the required specifications in order to assess that the right is exercised by consumers or their representative(s), thereby proving that they have the legal legitimacy to do so.
Timeframe for assisting requests
Requests received through the above means and under the above conditions will be answered within a maximum term of ten (10) business days from the date of receipt.
In case of impossibility to assist the Consumers with their request within such term, the interested party will be informed before the expiration of the ten (10) business days, stating the reasons for the delay and indicating the date on which the request will be processed and answered, which in no case may exceed five (5) business days following the expiration of the first term.
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H. Training for Employees and Contractors
SILEO shall develop annual training and awareness programs on Consumer’s Protection. SILEO must make this Policy known by the means it deems appropriate and thereby train its employees and contractors in the management of risks related to compliance with Law 1480 of 2011 at least annually, in order to measure their knowledge on the subject.
New employees and contractors must receive training on Consumer’s Protection leaving a record of their attendance and knowledge at the time of joining SILEO.
The Human Resources area, together with the Customer Service Director, will define training and evaluation plans for employees in accordance with regulatory changes as they arise.
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I. Auditing and Control
SILEO will carry out review processes or audits on Consumer’s Protection, verifying directly or through third parties that the policies and procedures have been properly implemented in SILEO.
The necessary improvement plans (preventive, corrective and improvement activities) will be designed and implemented based on the results obtained during the reviews or audits.
As a general rule, SILEO will carry out these review processes at least once a year or on an extraordinary basis in the event of serious incidents causing the intervention of the Colombian Superintendence of Industry and Commerce.
The results of the review, together with any improvement plans, will be submitted by the Customer Service Director to the Legal Representative for assessment and approval.
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J. Preventing fraud and unfair competition
The Consumers declare that:
a. They are 18 years of age or older.
b. They have the full capacity to represent, bind or obligate the person who is going to carry out the transaction (if applicable).
c. They will abstain from illegal uses, contrary to good commercial faith, unauthorized or in any way irregular.
d. The monetary resources with which the purchase was made come from a licit operation, trade, profession, activity or business.
e. The money with which the purchase was made was not obtained by virtue of any type of conduct that is established in Colombian Law as a misdemeanor constituting a criminal offense.
f. They have never allowed third parties to use their accounts or their credit or debit cards to deposit or administer monies of which they are unaware of their origin or which come from conduct contrary to the law, especially criminal law.
g. They will not introduce any harmful element (malware, worms, viruses, etc.) that may affect the operation of the website.
h. They accept that they have certain technical conditions (electronic devices, an internet connection, etc.) that allow them to perform the activity regulated by these terms and conditions.
i. They have read and accepted the SILEO’s Personal Data Processing Policy.
j. Additionally, they agree that the lack of truth or breach of these terms and conditions will result in the termination of their relationship with SILEO.
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K. Validity, Versions and Updates
This Policy is effective as of the moment of its signature and it complements the associated policies, with indefinite validity.
Any substantial change in this Policy will be communicated in a timely manner to the consumers through the usual means of contact and/or through the website of SILEO.
For consumers who do not have access to electronic means or those ones who cannot be contacted, it will be communicated through notices posted at the Company's headquarters.
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L. Changes Summary regarding the previous version
This Policy is the Version 1.0, adjusted to the national protection standard of the Republic of Colombia for the year 2023. This Policy will become effective on June 01, 2023.
Juliana Gómez Sánchez
Legal Representative
SILEO TIMELESS JEWELRY SAS
NIT 901705771 – 5