TERMS AND CONDITIONS OF WWW.MPPATRICIAMEJIA.COM WEBSITE
WHAT ARE THE TERMS AND CONDITIONS?
Welcome to WWW.MPPATRICIAMEJIA.COM
This website is owned by MARIABELEN S.A.S, a Colombian company that owns the MP PATRICIA MEJIA brand. Please read these Terms and Conditions of Use carefully before using our Website and Services.
If you choose to continue using or accessing this Website after having the opportunity to read these Terms, they are understood to be accepted. If you do not agree to these Terms, please do not use the website and exit immediately.
We reserve the right to modify the Terms when necessary and without prior notice.
Your continued use of our website following the posting of changes to these terms will signify your acceptance of those changes. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this website, you agree to those changes.
1. COPYRIGHT AND PROPERTY RIGHTS
All content presented or displayed on the Website, including, among others, text, graphics, photographs, images, moving images, sound and illustrations, is the property of MP PATRICIA MEJIA. All elements of the website, including but not limited to the general design and content, are protected by trade dress, copyrights, moral rights, trademarks and other laws related to intellectual property rights. The Services and Website may only be used for the intended purpose for which said Website and Services are available. Unless otherwise indicated in specific documents within the Website, you are authorized to view, reproduce, print and download documents, audio and video found on our Website solely for personal, informational and non-commercial purposes.
You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell any information or work contained on the website. Except as authorized by copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website.
For the purposes of these Terms, the use of such material on any other website or networked computing environment is prohibited. You must comply with all applicable national and international laws, statutes, ordinances and regulations regarding your use of the Website and the Services. The website, its content and all related rights will remain the exclusive property of MP PATRICIA MEJIA or its licensors, unless expressly agreed otherwise.
2. PRODUCTS, CONTENT AND SPECIFICATIONS
All functions, content, specifications, products, and prices of the products and services described or represented on this website are subject to change at any time without prior notice. Certain weights, measures, and similar descriptions are approximate and provided for practical purposes only. We make every reasonable effort to accurately display the attributes of our products, including colors; however, the actual color of the product may vary depending on your computer system or your computer. The inclusion of any product or service on this website at a particular time does not imply or guarantee that these products or services will be available at any time, therefore it will always be subject to inventory availability. It is your responsibility to determine and obey all local, state, federal, and international laws (including minimum age requirements) regarding the possession, use, and sale of any item purchased from this website. By placing an order, you declare that the ordered products will be used only legally.
3. SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an address designated by the buyer as long as such shipping address complies with the shipping restrictions contained in this website. All purchases on this website are made in accordance with a shipping contract. As a result, the risk of loss and title to the items purchased on this website pass to you upon delivery of the items to the carrier. You can submit any claim to carriers for damaged and / or lost shipments.
Our carrier is DHL, therefore, in the countries where it does not operate, the products purchased on the website cannot be shipped. You can check country coverage at WWW.DHL.COM.
4. ACCURACY OF THE INFORMATION
We always want to provide you with the best service, however, the information contained in this website can sometimes be inaccurate, incomplete or out of date. Except as prohibited by applicable New Jersey law, we do not guarantee the completeness, accuracy, or currency of information on this website. The products included in this website may not be available, they may have different attributes than those listed, or they may have a different price than indicated on this website. Additionally, we may make changes to pricing and availability information without prior notice. We reserve the right, without prior notice, to limit the order quantity of any product or service and / or to refuse service to any customer. We may also require verification of information prior to acceptance and / or shipment of any order.
5. THIRD PARTY LINKS
From time to time, this website may contain links to websites that are not owned, operated or controlled by MP PATRICIA MEJIA. All of these links are provided for your convenience only. If you use these links, you will leave this website. MP PATRICIA MEJIA is not responsible for any content, material or other information located on any other website, nor do we endorse, guarantee or make representations or warranties with respect to other websites, or any content, material or other information located on any other site website, or the results you may get from using any other website. If you decide to access other websites linked to or from this website, you do so at your own risk.
6. UNAUTHORIZED USE OF THE COMPUTER SYSTEM
Any unauthorized use of our computer systems constitutes a violation of these Terms and the applicable “antispam” laws. In addition to any remedies we may have by law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the above prohibitions, we may take any action that we deem necessary to cure or prevent the violation, including but not limited to others, the immediate removal of related materials from this website. We will cooperate fully with any law enforcement authority or court order or subpoena that requests or directs us to disclose the identity of any person posting such materials.
7. ACCOUNT SECURITY
You are solely responsible for the security and confidentiality of your password and account. In addition, you are solely responsible for each and every one of the activities carried out on your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security that you become aware of. You are responsible for taking precautions and providing the security measures that best suit your situation and the intended use of the Services and the Website.
8. CONTENT GENERATED BY THE USER – INFORMATION CONTROL
All opinions, comments, illustrations, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the website post on the website or transmit using the website do not represent the views of MP PATRICIA MEJIA, or any individual associated with MP PATRICIA MEJIA, and we do not control this User Generated Content. In no case should it represent or suggest, directly or indirectly, the endorsement of MP PATRICIA MEJIA to the Content generated by the user. MP PATRICIA MEJIA does not guarantee the accuracy or credibility of any User Generated Content on our website, and does not assume any responsibility or liability for any actions that you may take as a result of reading the User Generated Content on our site. Web. Through your use of the website and services, you may be exposed to user-generated content that you may find offensive, objectionable, harmful, inaccurate, or misleading. There may also be risks of dealing with minors, deceivers, international trade problems, and foreign nationals. By using our website, you assume all associated risks.
9. USER GENERATED CONTENT – YOUR LICENSE TO US
User-generated content remains the intellectual property of the individual user. By posting user-generated content on our website, you grant MP PATRICIA MEJIA a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, and create derivative works, distribute and display such User Generated Content around the world in any medium, whether known now or discovered in the future. Furthermore, you guarantee that all so-called “moral rights” in such materials are waived.
For all charges for products and services sold on the Website, MP PATRICIA MEJIA will bill your credit card or alternative payment method offered by MP PATRICIA MEJIA. Any seasonal surcharges will be included in your order delivery total and are non-refundable. In the event legal action is necessary to collect the balances owed, you agree to reimburse MP PATRICIA MEJIA for all expenses incurred to recover the amounts owed, including attorney’s fees and other legal expenses. You are responsible for the purchase and payment of charges for all Internet access services and telecommunications services necessary for the use of this website.
11. ACCESS AND INTERFERENCES
You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. In addition, you agree that (i) you will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) not to interfere or attempt to interfere with the proper functioning of the website or any activity carried out on the website; or (iii) not circumvent any measure we may use to prevent or restrict access to the website.
12. FORCE MAJEURE
Neither MP PATRICIA MEJIA nor you will be liable for damages or delays or failures in the performance of the website resulting from acts or events beyond reasonable control, including, but not limited to: fire, lightning, explosion, power surge or failure, acts of God , war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance or requirement of any government or legal body or any representative of said government or legal body; or labor disturbances, including but not limited to strikes, delays, pickets, or boycotts; inability to insure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
14. DISCLAIMER OF LIABILITY
Except as prohibited by applicable law, neither MP PATRICIA MEJIA nor any of its respective affiliates (i) guarantee the accuracy or integrity of the information, materials or services provided on or through the Website or (ii) assume any commitment or assume any duty to update such information, materials or services.
Neither MP PATRICIA MEJIA, nor any of its respective affiliates, guarantees that the functions contained in this Website will be uninterrupted or free of errors, that defects will be corrected or that the server that makes the content available will be free of viruses or other components.
We hereby expressly disclaim all liability for claims arising from normal wear and tear, product misuse, abuse, product modification, incorrect product selection, breach of any code, or misappropriation, except as prohibited by applicable law. We do not offer any warranty to those defined as “consumers” in the Magnuson-Moss Warranty Act.
15. LIMITATION OF LIABILITY
Your use of the website is at your own risk. You agree that our only obligation to you is to provide the website “as is”. Except as prohibited by applicable law, neither MP PATRICIA MEJIA nor any of its employees, officers, directors, nor any of its agents or any other party involved in the creation, production or delivery of the Website will be liable to you or any third party for your use or inability to use the Website and its content, except in cases of (I) gross negligence, recklessness or an act of knowing or willful misconduct; or (II) a violation of a consumer protection statute in relation to the website.
Unless prohibited by applicable law, in no case will MP PATRICIA MEJIA or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assignees, or any party involved in the creation, production or transmission of this website, will be liable to you or any other person for any indirect, special, punitive, incidental or consequential damages (including, but not limited to, those resulting from loss of data) arising from the use, inability to use, or the results of use of the website, any website linked to this website and its content, whether based on warranty, contract, tort or any other legal theory and whether or not you are informed of the possibility of such damages.
Check local laws for these prohibitions.
In the event of any problem with this website or any content, you agree that your only recourse is to stop using this website. In the case of any problem with the products or services that you have purchased on or through this website, you accept the conditions established in the exchange and return policies published on this website and which are part of these terms and conditions.
16. LEGAL NOTICE
Nothing in these Terms will apply to any consumer if the provision limits redress for: (i) willful actions of MP PATRICIA MEJIA (for example, negligence, failure to meet a basic standard of care, failure to create unreasonable risk) . Of damage); (ii) the New Jersey Product Liability Law, NJSA 2A: 58C-1, et seq. (that is, the legally imposed obligation to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) New Jersey Punitive Damage Law, NJSA 2A: 15-5.9, et seq. (i.e. the legal right to pursue punitive damages in the event of damage caused by actual malice, willful and mindless indifference, reckless indifference); (iv) the Uniform Commercial Code of New Jersey (that is, a comprehensive statutory regime that regulates the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and patrimonial damage); and (v) MP PATRICIA MEJIA’s lack of reasonable protection against harm arising from certain criminal acts of third parties (for example, computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as regulated by the New Jersey Identity Theft Protection Act, NJSA56: 8-161, et seq., and the New Jersey Consumer Fraud Act, NJSA 56: 8-3, et seq.).
Except as prohibited by law, you agree to defend, indemnify, and hold MP PATRICIA MEJIA and any affiliated company or individual from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation. of these Terms by you or your authorized users, or in connection with the use of the Website or the Internet or your purchases or the location or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.
In the event that you have a dispute with one or more users of the website, you release MP PATRICIA MEJIA (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, lawsuits, and damages (actual and consequential) from all type and nature, known and unknown, suspicious and unsuspected, disclosed and undisclosed, arising or related in any way to such disputes.
You or we may suspend or terminate your account or your use of this website at any time, for any or no reason. You are personally responsible for orders placed or charges incurred through your account prior to cancellation. We may also block your access to our website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate the information you provide us; or (c) we believe that your actions may cause economic loss or legal liability for you, our users, or us.
20. WEB SITE DISPUTES
“Website disputes” include: (a) any claim you may have against MP PATRICIA MEJIA in relation to the Site, (b) any claim MP PATRICIA MEJIA may have against you in relation to the Site, and (c) any action to enforce the Terms and Conditions or to oppose the Terms and Conditions.
All other disputes are disputes outside the website. Any claim that arises from your purchase of a product or service from MP PATRICIA MEJIA is a Dispute that does not belong to the website. Any claim arising out of the content of any offer or advertisement on the Site is a Non-Website Dispute.
21. RESOLUTION OF DISPUTES ON THE WEBSITE – ARBITRATION, WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS LAWSUITS
Neither you nor we will be able to sue in court in connection with a Website Dispute. All website disputes must be resolved by individual (not collective) arbitration. You indicate your acceptance of these Terms and Conditions, including this arbitration agreement, by continuing to use the Site after having the opportunity to review these Terms and Conditions.
You and MP PATRICIA MEJIA intend this to be an arbitration agreement enforceable under the Federal Arbitration Act (FAA), 9 USCA §§ 1–16.
You and MP PATRICIA MEJIA waive any right to maintain other resolution processes available for website disputes, such as legal action or administrative procedure, to resolve disputes.
You and MP PATRICIA MEJIA waive any right to a jury trial for website disputes.
Instead of suing in court, each of us agrees to resolve website disputes amicably first and then only through arbitration.
Any Website Dispute will be resolved by arbitration in Oregon before an arbitrator (s). The arbitration will be administered by JAMS in accordance with the JAMS Simplified Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. The judgment on the award can be entered in any court that has jurisdiction. This clause shall not prevent the parties from seeking interim remedies in aid of arbitration by a court of appropriate jurisdiction. If for any reason JAMS is unable or will not provide this arbitration, the parties may request any court of competent jurisdiction to select an arbitrator from a list provided by the parties.
To the extent that one of the parties initiates any action that includes both Website Disputes and Non-Website Disputes, consideration of the Non-Website Disputes will be suspended until the Website Disputes are arbitrated. completely. Then any dispute other than the website will be considered by any court of competent jurisdiction.
You agree that you will not file a class action lawsuit against MP PATRICIA MEJIA and its affiliated companies, or participate in a class action lawsuit against MP PATRICIA MEJIA and its affiliated companies, in any Dispute on the website. You agree that you will not file or seek class arbitration, or participate in class arbitration against MP PATRICIA MEJIA and its affiliated companies, in any Dispute on the website.
Any claim related to and use of this Site and the materials contained herein are governed by applicable laws.
Except as prohibited by applicable law, we do not guarantee continuous, uninterrupted, or secure access to our website or services, and the operation of the website may be interfered with by numerous factors beyond our control.
If any provision of these Terms is found invalid or unenforceable, that provision will be deleted and the remaining provisions will be enforced.
You agree that the Agreement may be automatically assigned by MP PATRICIA MEJIA in our sole discretion. The titles are for reference purposes only and in no way define, limit, interpret or describe the scope or extent of such section. Our failure to act on an infringement by you or others does not waive our right to act with respect to subsequent or similar infringements. Sections 9 (User Generated Content – Your License to Us); 11 (Access and Interference), 15 (Limitation of Liability), 16 (Disclaimer for New Jersey Residents), 17 (Indemnification) and 18 (Release) will survive any termination or expiration of this Agreement.
23. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE (“DMCA”)
By operating the website, we may act as a “service provider” (as defined by the DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available through the website. If you believe that any material available through the website infringes copyright, you must notify us. We will respond promptly to remove or disable access to the material that is claimed to be infringing and will follow legal procedures to resolve the claim.
24. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between the user and MP PATRICIA MEJIA and supersedes any prior understanding or agreement (written or oral). If you do not understand any of the above Terms or if you have any questions or comments, we invite you to contact us
COPYRIGHT AND TRADEMARK NOTICE
All site design, graphics, text selections, arrangements and all software are by MP PATRICIA MEJIA.
All trademarks, service marks and trade names of MP PATRICIA MEJIA used in this document and on the website (including, but not limited to: the name of MP PATRICIA MEJIA, the corporate logo of MP PATRICIA MEJIA, the design of MP PATRICIA MEJIA) collectively “Trademarks” are owned by MP PATRICIA MEJIA, or its affiliates, partners, suppliers or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify MP PATRICIA MEJIA’s trademarks in any way, including in advertising or publicity related to the distribution of materials on this site, without consent prior in writing from MP PATRICIA MEJIA. The use of MP PATRICIA MEJIA’s trademarks is not allowed on any other website or computer network environment. When you see the MP PATRICIA MEJIA brands, you can be sure of our quality.
EXCHANGE, RETURN AND GUARANTEE POLICY – MP PATRICIA MEJÍA
IMPORTANT NOTE: The customer must always keep the original sales invoice for all the purposes of this policy and must present it in all the cases contemplated here.
WE ARE INTERESTED IN PROVIDING THE BEST SERVICE, THAT IS WHY WE SUGGEST:
– Always check the product to verify that it is the one that was actually purchased.
– Always keep the sales invoice up to the term of the guarantee.
– Do not manipulate or alter the products to exercise the rights contemplated herein.
– In case of doubt or concern, contact MP PATRICIA MEJIA at the numbers (+57 34) 4447673 and (+57) 3113089779 in Colombia, email@example.com, or @mppatriciamejia on Instagram.
– When the client wants to change any of the products of the MP PATRICIA MEJÍA brand, they will have the following options:
1- In the physical store of Medellín – Colombia Cra. 34 # 8 A-18 Provenza / Poblado, presenting the purchase invoice, within a maximum period of 30 calendar days after the purchase.
2- Get in touch with MP PATRICIA MEJIA in any of the channels established for this (+57 34 4447673, +57 3113089779, firstname.lastname@example.org, www.mppatriciamejia.com, @mppatriciamejia on Instagram).
– Any cost generated by the change must be borne by the client. Even the shipping costs.
– In case of requesting change for a higher value product, the customer must pay the surplus.
– The product chosen for the exchange must be of equal or greater value, if it is the second case the surplus must be assumed by the client.
– Promotional or discounted products in the ‘SALE’ section are unchanged, nor do personalized products.
– To make the change, the product must be in the same conditions in which it was sold, without alterations, damages or substantial modifications. It must keep the labels and be clean, but it must not have been cleaned with any kind of product.
– The customer must return the product in adequate transport and packaging conditions. It is suggested to use the same packaging in which it was sold, or any of the customer’s preference but that adjusts to the characteristics of the product so that it is not affected during transport or its shape, color, structure or design is modified.
– Product change by size: changes can only be made by size, in the event that at the time of receiving the product the size does not fit the customer and after checking availability in the inventory.
– The customer may return the product to the store when an item other than the one requested has been sent by mistake.
– In this case, the client must contact MP PATRICIA MEJIA, in the channels provided for it email@example.com, +57 34 4447673 and +57 3113089779, to report the situation presented. If it is confirmed that it was an error by MP PATRICIA MEJÍA, she will assume the correct product delivery.
– The refund of monies paid may also be requested if it is made only up to 10 Colombian business days (See calendar of holidays in Colombia) after the purchase.
– The depletion of references may occur at the time of purchase, since sales are subject to inventory availability. In the event that there is nonexistence of the product purchased in the inventory, there will be a refund of the money paid for it, plus the value paid for the shipment.
– The times established for returns are: Refund of the money will be made in a period of time between (30) thirty and (60) sixty Colombian business days (See calendar of holidays in Colombia) after any of the above situations have occurred.
MP PATRICIA MEJIA guarantees the quality of the shoes and bags for up to a period of 3 months from the date of shipment, provided that there are material or manufacturing defects and that the product has been used properly.
With the quality guarantee, MP PATRICIA MEJIA undertakes as the first option to repair the shoes or bags if possible, and as the second option to change the shoes or bags that are the reason for the claim, and if the same product does not exist, to deliver another of commercial value equal to that paid.
– To request a guarantee, the client must make the request to MP PATRICIA MEJÍA by sending an email to firstname.lastname@example.org, with the data of the event, their personal data and photos or evidence. In addition, it can be done through the contact us section of the website.
– The request will be processed and answered in an approximate term of 15 Colombian business days (See calendar of holidays in Colombia) after it has been received.
– If approved, MP PATRICIA MEJIA will assume the costs of reshipping the product, which will be sent to the customer to the same place where the product was requested at the time of purchase.
– The client will be in charge of sending the product again in adequate transport and packaging conditions.
– If the guarantee request is not accepted after having been reviewed by the area in charge, due to the lack of compliance with current regulations or with the provisions of this policy, MP PATRICIA MEJÍA will let the client know through a formal response to the same email requesting the guarantee.
– In any case, the customer will be informed of the reason why the exchange or warranty does not proceed and the product will be returned to the customer if it is in the possession of MP PATRICIA MEJIA for having been taken to the store. In this case, the costs of resending the product will be borne by the customer.
Products that present:
– Tears, scrapes, hairs and / or breakage of materials, such as heels, soles, caps, zippers and other accessories caused by misuse of the product.
– Changes in the color, tonality and textures that are natural to the material of the shoe or bag.
– Folds or roughness caused by bending the instep or wearing the bag.
– Products that have already been handled by shoe stores, shoe shops or other third parties, as well as damage caused by improper cleaning and / or repair.
NOTE: if the damage to the product is caused during transport or shipping and is attributable to the transport company, the claim must be made directly to said company. MP PATRICIA MEJIA is not responsible for damages caused to products during shipping or transportation.
– The cost of shipping may vary according to the location of the destination.
– The shipping time is subject to what is established by the DHL carrier. Any delay that is attributable to the carrier must be claimed directly from it.
PROMOTION AND DISCOUNT POLICY – MP PATRICIA MEJÍA
WE ARE INTERESTED IN PROVIDING THE BEST SERVICE, THAT IS WHY WE SUGGEST:
– Read this policy before making the purchase with a discount or promotion.
– Choose carefully the promotions or discounts you want.
– In case of doubt or concern, contact MP PATRICIA MEJIA at the numbers +57 34 4447673 and +57 3113089779 in Colombia, email@example.com, or at @mppatriciamejia on Instagram, or in the contact us section of the website.
– Promotional products have no change. However, the guarantee normally applies, so the customer should consult the guarantee policy before exercising their right.
– The promotions will be announced by the means that MP PATRICIA MEJIA considers pertinent, and in said announcement the warning will always be made that “terms and conditions apply”.
– The terms and conditions of each promotion will be published by MP PATRICIA MEJIA in the medium through which the promotion is offered and at the request of the client, they may also be sent electronically. They must contain the circumstances of time, manner and place to apply the promotion.
– Promotions will always be subject to inventory availability, therefore, they will be launched for a specified time or while supplies last.
– It is possible that after the purchase is made, MP PATRICIA MEJIA responds with a notification message to the client stating the exhaustion of the product. In that case, the provisions of the return policy will apply.
– Promotions may be applied with customer segmentation strategies, differential profiles, internal categories of MP PATRICIA MEJIA, etc. This does not mean any discrimination against those who cannot access a certain promotion.
– Products with discounts do not have change. However, the guarantee normally applies, so the customer should consult the guarantee policy before exercising their right.
– Discounts may be announced by the means that MP PATRICIA MEJIA deems pertinent.
– The published price must contain the discount percentage already made, and must be compared with the normal sale price of the product.
– Sales with discounts will always be subject to inventory availability, therefore, the conditions applicable to each discount will be clearly indicated to the client, describing the circumstances of time, manner and place to be applied.
– It is possible that after the purchase is made, MP PATRICIA MEJIA responds with a notification message to the client stating the exhaustion of the product. In that case, the provisions of the return policy will apply.
– Discounts may be applied with customer segmentation strategies, differential profiles, internal categories of MP PATRICIA MEJIA, agreements with third parties, allies, etc. This does not mean any discrimination against those who cannot access a certain discount.