MIS PARCEROS Y AFILIADOS
TERMINOS Y CONDICIONES DE USO
A1-GENERAL FEATURES
MIS PARCEROS is a company incorporated under Colombian law, identified with NIT. 901586921, domiciled in the city of Medellín, who for the purposes of these Terms and Conditions of Use of the MIS PARCEROS Platform (hereinafter, “Terms and Conditions”) will be called MIS PARCEROS
A2 -DEFINITIONS
–ALIADOS: Natural or legal person that exhibits, offers, and markets products and/or services through the MIS PARCEROS Platform, so that they can be acquired by Users/Consumers.
-CREDITS / PROMOS: Means the intangibles that the User/Consumer has in the section called “Promos and Credits” within the MIS PARCEROS Platform, with which they can acquire the products and/or services displayed on the MIS PARCEROS Platform.
-PERSONAL DATA: It is all information that identifies or makes identifiable a natural person.
–PLATFORM MIS PARCEROS: Virtual platform made up of an application for computer devices, mobile phones and a web pages through which Businesses display, offer and they market products and/or services so that they can be acquired by Users/Consumers, using MIS PARCEROS DIRECTORY
-INDEPENDENT DISTRIBUTOR: A natural person (PARCERITO) who, freely and voluntarily, as a representative of the Users/Consumers, accepts the management of the orders requested by them through the MIS PARCEROS Platform.
-CLIENT: Natural person whose Personal Data is subject to Treatment.
–TREATMENT (collection)It is any operation or set of operations on Personal Data, such as collection, storage, use, circulation or deletion.
-CONSUMER/USER: Natural person who, as final recipient, uses MIS PARCEROS Platform to acquire the products and/or services exhibited, offered and marketed by Businesses through MIS PARCEROS.
–OBJECT: These Terms and Conditions regulate the authorization of use granted by MIS PARCEROS Users/Consumers for them to enter the MIS PARCEROS Platform, it is report on the products and services exhibited, offered and marketed by the Allies Commercial, and can acquire them through the MIS PARCEROS Platform
A3 – ACCEPTANCE OF THE TERMS AND CONDITIONS The Consumer/User, when registering on the MIS PARCEROS Platform, voluntarily accepts in a prior, express and informed manner the content of these Terms and Conditions in their entirety, therefore, they are irrevocably bound to them.The natural person who fully accepts these Terms and Conditions declares and guarantees to be the Consumer/User who will use the MIS PARCEROS Platform.
A4 -OPERATION OF THE MIS PARCEROS PLATFORM The MIS PARCEROS Platform is a virtual platform through which you can connect: (i) Businesses ALIADOS; (ii) Consumers/Users; and (iii) PARCERITOS who are Independent Distributors . Thus, through the MIS PARCEROS Platform, Businesses ALIADOS can exhibit their products and/or services, in order for them to be acquired by the Consumers/Users. The latter, in turn, can connect with the Independent Distributors to carry out the corresponding order. It is important to clarify that MIS PARCEROS Platform does not market products and/or services or provide logistics and/or delivery services to Consumers/Users. Prices, quantity,availability and characteristics of the products and/or services displayed on the MIS PARCEROS Platform are determined directly by the Businesses (ALIADOS) and not by MY PARCEROS Platform.
Taking this into account, and by virtue of article 53 of Law 1480 of 2011 and the Guide for the protection of electronic commerce consumers, issued by the Superintendence of Industry and Commerce, MIS PARCEROS Platform is a contact portal.
The Consumer Statute Article 53. Contact portals Whoever makes available an electronic platform in which natural or legal persons can offer products for sale and in turn consumers can contact them through the same mechanism, it must require all bidders to provide information that allow their identification, for which they must have a record in which it is stated, as minimum, the name or company name, identification document, physical address of notifications and phones. This information may be consulted by anyone who has purchased a product in order to file a complaint or claim and must be provided to the authority competent when requested.
Colombia Art. 53 The Consumer Statute is issued and other provisions are issued
A5 – INDEMNITY The User/Consumer undertakes to defend and hold MIS PARCEROS harmless for any event resulting from the unauthorized use of the MIS PARCEROS Platform by of the User/Consumer, or of any breach of these Terms and Conditions.
A6 – PAYMENT METHOD Payment for orders requested through the MIS PARCEROS Platform will be made through the payment method registered and selected by the User/Consumer on the MIS PARCEROS Platform. In the case in which MIS PARCEROS verifies that the payment method selected by the User/Consumer is effective, this will be canceled to the Business PARCEROS
By requesting the order through the Parceros Platform, the User/Consumer irrevocably accepts the costs (value of the products, value of the address, service fee, among others), which are discriminated against in the Check-Out of the order.The legal representatives of the Users/Consumers who are minors expressly declare that they have authorized the latter to register on the Mis Parceros Platform, it being understood that they are responsible for the use of Mis Parceros Platform by the Users/Consumers who are minors.
Consumer must refrain from transferring to third parties the validation data of your account on the Mis Parceros Platform; (1) Notify Mis Parceros of any unauthorized use of your account within Mis Parceros Platform; (2) Refrain from using Mis Parceros Platform to perform acts contrary to morality, law, public order, and good customs against Mis Parceros, the Independent Couriers (Parceritos), Commercial Partners (Aliados), and / or third parties; (3) Cosumer must have sufficient funds to process the payment of orders requested through Mis Parceros Platform; (4) Make the payment of the total value of the order through Mis Parceros Platform in accordance with the payment method selected at Check-Out Page; (5) Refrain from registering payment methods owned by third parties without their authorization; (6) Register payment methods in accordance with the verification process within Mis Parceros Platform; (7) Pay any debt generated by virtue of the use of Mis Parceros Platform by the Consumer/ User. The Consumer acknowledges and accepts that Mis Parceros may deduct the value of the debt from any payment method registered on Mis Parceros Platform; (8) Refrain from requesting any compensation that is untrue; (9) Receive the products ordered through Mis Parceros Platform; (10) Verify that the products and/or services requested through Mis Parceros Platform correspond to those requested by the Consumer/User ; (11) Be informed about the instructions for use and consumption of the products ordered through Mis Parceros Platform; (12) Ensure that the order data (products, delivery address, among others) are correct before requesting it; (13) Refrain from conduct that violates the operation of Mis Parceros Platform; (14) Refrain from entering into relations with Independent Couriers (Parceritos) and / or Commercial Allies (Aliados)to carry out illicit activities and / or contrary to morality and good customs; (15) Refrain from impersonating other Users/Consumers; (16) Refrain from deciphering or decompiling any element of Mis Parceros Platform; (17) Refrain from having more than one (1) account on Mis Parceros Platform with the same Personal Data. The Consumer acknowledges and accepts that Mis Parceros reserves the right to deactivate accounts that do not comply with these parameters; (18) Maintain custody of the mobile or portable device through which you access Mis Parceros Platform, guaranteeing that third parties do not have improper access to Mis Parceros Platform due to actions or omissions of the User / Consumer. It is clarified that, in the event that it becomes evident that the User/Consumer has not properly guarded his/her mobile or portable device, Mis Parceros will not have any type of responsibility for unauthorized access by third parties to Mis Parceros Platform; (19) Treat Independent Couriers (Parceritos) and customer service agents respectfully; (20) Refrain from using the intellectual property of Mis Parceros and/or the Commercial Partners (Aliados)for purposes not expressly authorized by them.
A7 – REFUND METHOD
The MIS PARCEROS Platform, as a virtual platform, can connect: (1) Business ALIADOS (Restaurants); (2) Users/Consumers (Customer); and (3) Independent Delivery Drivers (PARCERITOS).Through the MIS PARCEROS Platform , Business ALIADOS (RESTAURANTS) can send their products and/or services, maintaining the responsibility of a product and/or service well packaged and correctly processed and prepared. If these are not met, the cost of the product will not be reimbursed. The Delivery Man (Parceritos) have the responsibility of transporting and completing the address of the product, completely as it was delivered at the point requested by the consumer/User. It will be verified by taking a photograph and/or signature if it is received correctly. In the event that the above does not occur, the Delivery Man (PARCERITOS) will be guided by the reimbursement guidelines of MIS PARCERITOS and Mis Parceros Platform will deducted any cost from their revenue as not being careful enough on the delivery and/or Transporting the Items.
Payment method: Any purchase within Mis Parceros Platform that has a return will be made to the payment method selected by the Consumer/User in the order subject to compensation and / or return. The adjustment will be reflected within thirty (30) business days in the Consumer/User’s payment method.
Returns for purchases made with the means of payment called “Nequi”, PSE”, “Boton Colombia” will be automatically returned to the bank account registered by the User / Consumer. The transfer will be reflected within three (3) business days.
A8 – WARRANTY
The User/Consumer acknowledges and accepts that the process of guaranteeing the product and/or service acquired through the MIS PARCEROS Platform must be done directly before the respective Commercial Ally, who acts as producer/supplier of the products and/or services mentioned. Consequently, the User/Consumer acknowledges that MIS PARCEROS Platform, in its capacity as contact portal, is not obliged to answer for the guarantee of the products and/or services exhibited, offered and marketed by the Allies Commercial through the MIS PARCEROS Platform, by virtue of Law 1480 of 2011 and the
Guide for the protection of the electronic commerce consumer, issued by the Superintendency of Industry and Commerce.
A9 – RIGHT OF WITHDRAWAL
In the case in which the User/Consumer wishes to exercise the right of withdrawal with respect to a product and/or service acquired through the MIS PARCEROS Platform, the User/Consumer must bring the sales invoice directly to the establishment of commerce of the respective Commercial Ally, in the cases where it is appropriate and demandable as established in article 47 of Law 1480 of 2011.
A10 – PERSONAL DATA OF USERS/CONSUMERS
The User/Consumer may register on the MIS PARCEROS Platform with the Personal Data registered on the social networks Facebook and Google +, if they have an account on them. The Treatment of Personal Data of Users/Consumers is described in the Policy of Privacy of MIS PARCEROS, available.
A11 – PRICES DISPLAYED ON THE PLATFORM MIS PARCEROS
The prices of the products and/or services displayed on the MIS PARCEROS Platform are set by the Business (ALIADOS), who act as suppliers and/or producers thereof. When, due to technological errors, erroneous prices of the products and/or services marketed by Business (ALIADOS) are displayed through the MIS PARCEROS Platform, in order to protect the consumer’s right to receive truthful and sufficient information, MIS PARCEROS and/or Business (ALIADOS) may cancel orders based on said products and/or services, which will be reported to the User/Consumer.
A12 – SERVICE FEE FOR THE USE OF THE MIS PARCEROS PLATFORM
By accepting these Terms and Conditions, Users/Consumers accept that MIS PARCEROS charges a variable rate, called “Delivery Fee” or “Service Fee” for the use of the MIS PARCEROS Platform. The value of the Service Fee is communicates to the User/Consumer during the Check-Out process of each order.
A13 – AVAILABILITY OF PRODUCTS AND SERVICES
The User/Consumer acknowledges and accepts that MIS PARCEROS Platform is not the producer, supplier, vendor, agent and/or distributor of the products and/or services displayed on the Platform MIS PARCEROS. Therefore, MIS PARCEROS is not responsible for the lack of availability of the products and/or services exhibited, offered and marketed by the Allies Commercials (ALIADOS) through the MIS PARCEROS Platform
A14 – ACQUISITION OF ALCOHOLIC BEVERAGES, TOBACCO, AND TOBACCO DERIVATIVES
Restricted use products, such as tobacco and alcoholic beverages, may only be requested by the User/Consumer who proves to be of legal age, all of which must be expressly stated when registering on the MIS PARCEROS Platform and/or select the respective product. In the event that the Independent Distributor identifies at the time of delivery that the. User/Consumer is not of legal age, will not deliver the products to the User/Consumer, understanding that, in this case, MIS PARCEROS and/or the Distributor Independiente (PARCERITOS) will not have any type of responsibility for the non-delivery of the products. Notwithstanding the measures taken by MIS PARCEROS to prevent alcoholic beverages and derivatives of tobacco are acquired by minors, the legal representatives of Users/Consumers who are minors are responsible for the Platform MIS PARCEROS is used by said Users/Consumers in compliance with these Terms and Conditions and applicable law.
A15 – ACQUISITION OF MEDICINES THAT REQUIRE A MEDICAL PRESCRIPTION
The Consumer/User must present and/or supply through the MIS Platform PARCEROS the medical formula for the acquisition of those medicines that so required. It is clarified that the Business Partner will validate said document. In the In the event that the Business Partner cannot validate the document, it will proceed to cancel the order of the User/Consumer through the MIS PARCEROS Platform
A16 – AVAILABILITY OF THE MIS PARCEROS PLATFORM
MIS PARCEROS does not guarantee the availability or the time of operation of the MIS PARCEROS Platform. In the event of instability or major technical inconveniences of the same, MIS PARCEROS will not have any responsibility towards the User/Consumer, but will make its best efforts to stabilize its operation. . The virtual stores of the Commercial PARCEROS and/or the buttons of the MIS PARCEROS Platform are subject to the hours of operation of the Commercial (ALIADOS) RESTAURANT HOURS.
A17 – CREDITS
The use of Credits by Users/Consumers is conditioned to what is established in the section called “Promos and Credits” within the MIS PARCEROS Platform. And set and manage by Aliados (restaurants)
A18 – TIPS
The User/Consumer is free to provide an additional value as a tip to the Independent Dealer (PARCERITOS) who freely and voluntarily accepted the management of the order requested by the User/Consumer through the MIS PARCEROS Platform, there being no obligation to do it. The MIS PARCEROS Platform may suggest an amount or percentage of tip, in accordance with the value of the order requested by the User/Consumer. The foregoing, without prejudice to the fact that the User/Consumer has the power to edit the amount of the tip before to place the order. In the same way, the User/Consumer can increase the tip of the Independent Distributor (PARCERITOS)at the time of delivery.
A19 – ADDRESS AND APPLICABLE LAW
These Terms and Conditions are governed by the applicable law in the Republic of Colombia.
A20 – MODIFICATIONS
MIS PARCEROS may independently and at any time modify formal aspects, procedural or substantial provisions of these Terms and Conditions of use of the MIS PARCEROS platform, which will be updated and made available to the Users/Consumers.
A21 – HELP CENTER (CUSTOMER SERVICE) info@misparceros.com
A22 – IMPROPER USE OF THE MIS PARCEROS PLATFORM: Immediate Termination
A21 – SERVICE FEE FOR THE USE OF THE PLATFORM 15% of net/ $ per address service/customer adjustment//we collect money from customer purchase income. (weekly payment, close on Sundays, collect on Mondays, pay deposited on Tuesday. Unless the holiday calendar applies(MIS PARCEROS) .
5% of Net on orders received to be pick up at the restaurant for use and service of platform
A22 – PLATFORM AVAILABILITY/restaurant hours/
Friday and Saturday 8am to 12pm
Sunday to Thursday from 8 a.m. to 10 p.m.
database/protection article/
These Terms and Conditions are governed by the applicable law in the Republic of Colombia.
MODIFICATIONS MIS PARCEROS may independently and at any time modify formal, procedural or substantial aspects of these Terms and Conditions of use of the Platform
MIS PARCEROS, which will be updated and made available to Users/Consumers