Terms and Conditions
Welcome to the e-commerce site www.mundofitusa.us, hereinafter ("The Site" or "www.mundofitusa.us"), incorporated under the laws of Colombia, whose main activity is to enable the display and marketing of products and services for online purchase by consumers located in the Republic of Colombia, hereinafter ("the Customers" or "the Users").
www.mundofitusa.us is controlled and operated by MUNDO FIT US, hereinafter ("MUNDO FIT US"), a Commercial Company domiciled in the Republic of Colombia. Those Users who decide to access the Site from other countries, will do so under their own initiative and it is their responsibility to abide by the applicable local laws. Any claim in connection with the use of the Site and the material contained therein is governed by Colombian law.
Users who enter the site mundofitcolombia.com.co from countries other than the Republic of Colombia, may make purchases subject to Colombian law, however the products will only be delivered within the Colombian territory to the address provided by the user.
By accessing the Site the User acknowledges having read and understood the Terms and Conditions of Use, hereinafter ("Terms and Conditions"), and therefore assume the obligation to respect its content, privacy policy, legal notices and all disclaimers contained therein.
These Terms and Conditions are subject to change without notice at any time, and as of the date of modification of these Terms and Conditions, all transactions entered into between www.mundofitusa.us.com and the User shall be governed by the modified document.
Registration of the User on the Site
The following personal information will be collected in the process of registering on the Site:
Contact information, including name, ID number, date of birth, mailing address, phone number and email address.
At the time of payment, credit card number and billing and/or shipping information may be requested.
Identification number of the recipient if other than the User.
Information related to personal interests and product preferences.
The User may find information regarding Habeas Data in point 16.
Capacity of the User
The services of www.mundofitusa.us.com are available only to those persons who have legal capacity to contract according to the provisions of the Colombian legislation in force. If the User lacks such legal capacity, he/she will not be able to carry out transactions on the Site.
Verification of the User - Impediment of Use
When entering this site the User acquires the commitment to provide correct and true personal information for the effective delivery of the products purchased. www.mundofitusa.us.com will examine the application submitted by the User and reserves the right to verify the data provided by each of the Users. If an inconsistency is found in the User's information at the time of registration or if he/she fails to notify any change, www.mundofitusa.us.com may proceed with the cancellation of the order and the immediate termination of the account of the User in question. In case the User has any outstanding amount, it must be paid in full before proceeding with the closure of the account.
User's Responsibility
The User is obliged to promptly notify the corresponding entity of the financial or cooperative sector, the loss or theft of his/her credit card and other instruments provided by them to carry out transactions, such as debit cards, personal passwords, etc., so that such instruments may be disabled.
The User is prohibited from transmitting or sending from this Site any illegal, threatening, slanderous, libelous, defamatory, obscene, scandalous, pornographic and/or any other material that could give rise to any civil or criminal liability under the terms of the Law. Likewise, the User agrees not to use any device, software or other to obstruct the proper functioning of the Site and its contents and the activities carried out therein.
Products and/or services
www.mundofitusa.us.com offers its Users mainly vitamin products, food, reducing gels, waistbands, fat burners, beauty products, among others.
5.1. Visualization of products
www.mundofitusa.us.com displays product images as clearly and accurately as possible. However, the color display of the products will depend on the monitor from which you access the Site.
5.2. Product availability
www.mundofitusa.us.com is responsible for updating the page and constantly revising the products and/or services displayed on the Site. However, www.mundofitusa.us.com may modify and discontinue products and/or services at any time without incurring any liability to Users of the Site.
5.3. Limitation of Quantities and Order Restrictions
The Site may, at its sole discretion, limit or cancel the quantities purchased by Customer, when the purchase does not comply with the conditions and restrictions informed at the time of purchase. In such case mundofitcolombia.com.co will reject outright purchases that exceed the maximum number of units authorized for one (1) identification number. This means that a person identified in accordance with the Laws of the Republic of Colombia, may make purchases, per day, for the maximum number of authorized as appropriate. Such restrictions may include orders placed from the same account registered on the Site, payments made with the same credit and/or debit card and orders with the same shipping or billing address.
Products offered on Marketplace
www.mundofitusa.us.com allows the exhibition and commercialization of goods by national and international sellers independent from MUNDO FIT US, hereinafter ("the Sellers"). This service will be referred to hereinafter as Marketplace. www.mundofitusa.us.com does not have any contractual position within the transaction carried out between Clients and the Sellers of the Marketplace and in no case www.mundofitusa.us.com will be qualified as a reseller of the products offered by the Sellers under this modality.
For the acquisition of products offered by international Sellers, Customers must provide an authorization to www.mundofitusa.us.com, through a mandate without representation, which indicates that the Customer as principal, entrusts www.mundofitusa.us.com as agent, the power to make the payment to the international Seller of the value of the product and the necessary exchange procedures arising from such transaction. The importation of goods displayed and marketed on the Site shall be made on behalf of the Customer who carries out the transaction. The mandate without representation is perfected with the acceptance of these Terms and Conditions.
The Customer shall coordinate the delivery of the purchased product directly with the Seller, who shall inform the Customer of the expenses corresponding to the freight, insurance and taxes derived from the importation of the product.
Terms of Payment
The price to be paid for each item purchased shall be the price in effect on the Site at the time the order is placed.
Before acceptance by www.mundofitusa.us.com of any purchase offer, the Customer must choose the terms and conditions of payment according to the means of payment that are established on the Site. www.mundofitusa.us.com provides Users with a secure connection system for transactions carried out on the Site. However, under no circumstances shall the Site be liable for failures in the communications of banking or credit institutions, nor for any damage caused to the Customer as a result of an action or omission on the part of such institutions.
Once the Site verifies the payment, it may proceed with the acceptance of the purchase offer. In any case, notwithstanding the verification of payment, www.mundofitusa.us.com may refuse to accept a purchase offer or may accept it in part, in which case it shall only be obliged to refund to the Customer, without any interest or return, the value cancelled for the purchase offer not accepted or the percentage corresponding to the unapproved part of a purchase offer partially accepted.
Payment Information
Within the alternatives that are contemplated in the Site for the payment of the selected products, www.mundofitusa.us.com makes available to the Users a link that communicates with the respective payment gateways authorized by the Site. In such events, the handling of personal information will be the exclusive responsibility of the payment gateway. Users must accept the Terms and Conditions of Use of the payment gateway before making their transactions.
Promotional coupons
Unlike credit or debit cards, promotional coupons used in digital coupons are debited when the order is placed. Digital coupons are automatically redeemable for the full amount of a purchase and must be used in a single transaction taking into account the specified expiration date. The expiration date of the voucher remains unchanged.
Likewise, Promotional Coupons will be taken into account in case of cancellation or return of the purchase for the same value of the purchased product. Promotional Coupons will not be replaced in case of loss or theft. If there is a price reduction below the value of the coupon www.mundofitusa.us.com will not reimburse the excess value.
Perfection and transfer of ownership
The contract is perfected when www.mundofitusa.us.com accepts the purchase offer submitted by the Customer. www.mundofitusa.us.com may accept partial purchase offers, in which case the contract will be perfected only for the products and/or services accepted by the Site.
In the event of payment on delivery, the ownership of the products and/or services shall be transferred to the Customer as soon as they are paid for by the Customer at the place of delivery.
In the event that the price of the products and/or services subject to a purchase offer is not paid, it will be understood that there is a breach of contract, which is grounds for termination of the contract by www.mundofitusa.us.com, with the Customer assuming the value of the return of such products and/or services to the respective deposit, as well as the amount of damages arising from such breach.
Shipping charges and taxes
The Customer shall be responsible for shipping, handling and insurance charges for the products and/or services purchased on the Site, as well as for sales tax, value added tax and other taxes incurred for each accepted purchase offer. All taxes caused by the purchase will be settled from the moment the Customer makes his purchase offer on the Site, and therefore will know the exact amount to be paid in favor of www.mundofitusa.us.com which will include all the aforementioned concepts.
In relation to imported products, the Customer will assume the taxes and levies caused by the importation of the products purchased abroad. However, the taxes associated to the products may be subject to variations, in case of eventual verifications by the Colombian customs authorities. Should any additional cost arise in the importation of the product, it will be assumed by the Client.
Delivery of the products
www.mundofitusa.us.com undertakes to deliver exclusively within the Colombian territory, in the areas and places to which it has access according to its network and therefore may refuse to accept a purchase offer when the address registered by the Customer for delivery is not within the geographical areas enabled by www.mundofitusa.us.com for this purpose.
The products purchased by the Customer will be delivered to the address that the customer indicates when making the purchase offer, within a period that can be between 1 and 10 working days depending on the destination (national or international), counted from the date on which the Site accepts the corresponding purchase offer, and provided that the terms and conditions of payment have been determined in advance and there are no causes beyond the control of www.mundofitusa.us.com that could delay delivery, such as any event of fortuitous event or force majeure.
It is understood that any person who is at the address where the delivery must be made, will be duly authorized by the Customer to receive his order. Consequently, www.mundofitusa.us.com is exonerated from any responsibility for the delivery made, as long as it is made at the address registered on the Site.
For products and/or services of restricted use, including but not limited to tobacco, liquor and pharmacy products, there must be a person of legal age authorized to receive them, otherwise the order will not be delivered. If no one receives the order at the address indicated, www.mundofitusa.us.com will proceed to return the products to the respective warehouse and the Client shall be obliged to contact the Site within a maximum term of five (5) business days for us to proceed to resend them, in which case the expenses generated by the same shall be borne by the client, and until such time as they are not paid, MUNDO FIT US shall not be obliged to make the shipment again.
If the order is not received at the address indicated after 3 (three) visits by the carrier, www.mundofitusa.us.com will proceed with the return of the products. In this case the Customer will be obliged to contact the Site within a maximum of three (3) calendar days to proceed with the reshipment, in which case the shipping and insurance costs generated will be borne by the Customer, and until they are not paid, www.mundofitusa.us.com will not be obliged to make the shipment again.
If the Client does not proceed to request the reshipment within the indicated term, or does not make the payment of the additional value for the reshipment, www.mundofitusa.us.com may withdraw from the business, and will only be obliged to refund the amount paid for the products and/or services, deducting the value of the expenses incurred for transportation.
Returns and exchanges
In accordance with the provisions of the Colombian Consumer Statute, www.mundofitusa.us.com will proceed to accept repairs and returns of purchased products that are defective and / or whose quality deficiency is not suitable for the use for which it is intended, in accordance with the parameters of the guarantees conferred by the respective producer. www.mundofitusa.us.com will have 30 working days to make the changes and / or returns, which will be counted from the time the Customer submits his claim. In the above events, shipping costs will be borne by www.mundofitusa.us.com.
Exchange policies www.mundofitusa.us.com
Non-perishable products:
Exchanges maximum 24 hours after receiving the product. The products must retain the original characteristics. For all exchanges, the invoice must be presented.
Medicines:
Medications cannot be returned or exchanged of any kind due to the law of the Ministry of Health, and antibiotics must be sold with a medical prescription. The domiciliary must wait for the client to verify the products. Products sealed after opening cannot be exchanged. The domiciliary must have the customer sign the order form. For all exchanges, the invoice must be presented.
Right of withdrawal
According to the Consumer's Statute, the Customer may exercise the right of withdrawal of the purchased product within five (5) working days after receiving the good, as long as its nature allows it and the condition of the good and its packaging is the same as the one in which it was received. Reversals will be made for the value of the product paid by the Client in the respective transaction. In no case www.mundofitusa.us.com will make partial reversals of the value of a product.
The Customer may make the return through the logistics operator Coordinadora, for which the Customer must enter the order number in the Guide provided at the service point of Coordinadora, in order to ensure the tracking of the return of the order.
The Products that due to their characteristics and conditions of use will not be susceptible to be returned through the exercise of the Right of Withdrawal are the following: Compact discs, video games, jewelry, personal care products, white underwear.
Exoneration and Warranties
In accordance with the regulations in force in the Republic of Colombia, the material contained in the Site, including, without limitation, text, graphics, links, are provided on an "as is" basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of fitness for a particular purpose that do not infringe or violate the rights of third parties.
www.mundofitusa.us.com warns Users that the information on the Site may contain errors or inaccuracies or may not be complete or current. Therefore, www.mundofitusa.us.com reserves the right to correct any errors, omissions or inaccuracies, change or update the same at any time and without prior notice.
Disclaimer and Limitation of Liability
By accessing the Site, the User expressly agrees that use of the Site is at the User's sole risk and responsibility.
Neither www.mundofitusa.us.com nor its respective employees and third party partners warrant that use of the Site will be uninterrupted or error-free. Under no circumstances shall www.mundofitusa.us.com or its affiliates be liable for any direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the Site, including damages arising out of your reliance on information obtained from the Site that results in errors, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any other errors in its operation.
Without prejudice to the provisions of the mandatory rules of applicable Colombian law, www.mundofitusa.us.com assumes no responsibility or liability whatsoever for any damage or injury, including, but not limited to, loss of information or profits, existence of viruses, results of the use or inability to use the material on this site, lost business opportunities, or any other damage, even if the User has been advised of the possibility of such damages, or for any claim by any third party, except as expressly provided herein.
Under the terms herein, www.mundofitusa.us.com assumes no responsibility for the information provided on the site, including, but not limited to, information regarding products and/or services, notes of interest, opinions, practical advice and solutions to concerns. www.mundofitusa.us.com assumes no responsibility for problems or inability to use the Site or any of the pages that comprise it, including but not limited to events such as server or connection problems, interruptions in communication, technical problems.
In the event that the use of the material on this site results in the need for servicing, repair or correction of equipment or information, the User shall bear any costs thereof. The foregoing limitation of liability shall apply in any legal action, even if www.mundofitusa.us.com's authorized representative has been advised of or has had prior knowledge of such damages.
Intellectual Property Rights
All computer, graphic, advertising, photographic, multimedia, audiovisual and/or design material, as well as all contents, texts and databases (hereinafter "the Contents"), made available to Users on the Site are the exclusive property of MUNDO FIT US, or of third parties who have authorized their use and/or exploitation.
Likewise, the use of some contents owned by third parties is expressly authorized by law and are protected by the rules on copyright, trademarks and all applicable national and international regulations.
Any act of copying, reproduction, modification, creation of derivative works, sale or distribution, display of the Contents, in any manner or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of www.mundofitusa.us.com or the copyright holder, is prohibited.
In no event do these Terms and Conditions confer any rights, licenses and/or authorizations to perform the acts described above. Any unauthorized use of the contents shall constitute a violation of these Terms and Conditions and of the applicable national and international trademark, copyright and/or other intellectual property laws and shall give rise to the corresponding civil and criminal actions.
Advertising and links
The organizations, products and/or services advertised on the Site as well as the links are not affiliated or have any relationship with www.mundofitusa.us.com, which does not play any role in the production of such products and/or the provision of services and does not constitute any warranty, express or implied of their content or their suitability for a particular purpose. Thus, for example, when the use of any product and/or service is suggested, it is the exclusive autonomy of the User to decide its use, and therefore www.mundofitusa.us.com assumes no responsibility for any direct or indirect, certain or eventual, past, present or future damages that may arise from such use.
In this way, the transactions that the User carries out with third parties outside the Site from the advertisements of products and/or services, as well as the visits to their websites through the links will be under his exclusive account and risk, without compromising in any way the responsibility of www.mundofitusa.us.com.
Protection of Personal Data
By accepting the legal terms and conditions, the User indicates that he/she knows and previously, expressly and informedly authorizes MUNDO FIT US, its subsidiaries and affiliates, to store and use his/her personal data in order to achieve an efficient communication during the present procedure or activity and authorizes in the same terms, that such information may be treated in accordance with the provisions of Law 1581 of 2011 and its Regulatory Decrees, in order to receive information about its products, services, offers, promotions, alliances, studies, contests, contents. Likewise, the User has been informed about the policy for the protection of personal data available on the Site, which includes the consultation and complaint procedures that allow to enforce the rights of Users to access, knowledge, consultation, rectification, updating, and deletion of data, and also the User may submit any request relating to personal data via email: proteccion.datos@grupo-www.mundofitusa.us.com.
Exoneration of Responsibility
Whenever the User has not timely notified the existence of the violation of his/her personal information, or when the User has not proceeded to notify the corresponding financial or cooperative entities of the loss, misuse, subtraction or theft of the instruments provided by them to carry out transactions, or when his/her registration data is misused, www.mundofitusa.us.com assumes no responsibility for such actions.
Computer Security
Cookies
Cookies are small data files that websites such as www.mundofitusa.us.com .com.ec or e-mails store in your browser and optionally on your hard drive. Cookies allow us to "remember" information about your preferences and session, and allow the User to navigate within areas of the Site without re-entering their data.
This makes it possible to create a more personalized and convenient shopping experience. www.mundofitusa.us.com uses a third party to place cookies on the User's computer to collect non-personally identifiable information. Although cookies contain a unique User number, they do not collect or store any personally identifiable information.
Although the User can configure his or her Internet browser not to accept cookies, cookies are required in order to view, create an account, or make purchases through the www.mundofitusa.us.com website.
The Internet browser automatically collects information from the web page the User viewed prior to visiting the Site, the browser the User used, and any search terms the User entered on the Site, among other things. The Site may also use other technologies to track the pages that Customers visit to ensure a better and safer shopping experience and to help us understand how visitors use the Site.
Linking, Deeplinking and Framing
www.mundofitusa.us.com prohibits the use of the names and/or logos, trademarks and any other distinctive signs of its property as hypertext links or any other form ("links") directed to Internet sites whose URL is different from http: //mundofitcolombia.com.co.co.co, unless the establishment of such a link is approved by www.mundofitusa.us.com in writing in which case it must comply with the criteria and design and advertising manuals established by www.mundofitusa.us.com.
www.mundofitusa.us.com reserves the right to request the removal of links that have been established on websites without its express and prior authorization. The establishment on pages not controlled by www.mundofitusa.us.com of links to subdirectories within the URL http://mundofitcolombia.com.co.co .com.ec ("Deeplinking") is prohibited.
The display, use, display, copying or any other form of reproduction of the Site from any of its subdirectories and/or pages, on sites not controlled by www.mundofitusa.us.com ("Framing") is expressly prohibited. The non-observance of these prohibitions will be a violation of intellectual property rights over the contents and Industrial Property rights.
Inquiries
Any questions regarding the use of the Contents, cookies or the establishment of links to the URL http:// www.mundofitusa.us. may be addressed to www.mundofitusa.us.com at Cali: 322 6729206 or 322 2248978. Its use, in contravention of the provisions herein, will give rise to the corresponding civil and criminal actions.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Colombia. Any dispute arising hereunder shall be submitted to the applicable laws and competent judges in accordance with Colombian law.
Independence of provisions
In the event that one or more of the provisions contained in these Terms and Conditions are deemed void, illegal or ineffective in any respect, the validity, legality and enforceability or effectiveness of the remaining provisions hereof shall not be affected or nullified by such circumstance.
Notifications
www.mundofitusa.us will receive notifications via chat