TERMS AND CONDITIONS
This document describes the terms and conditions and privacy policies applicable to the use of the services offered by BAHAMAMAMA BEACHWEAR S.A.S within the website www.bahamamama.com.co and other related domains. Any person who subscribes to www.bahamamama.com.co or wishes to use the services offered, is in all rights to do so but must subject to the Terms and Conditions and the Privacy policies pre-established in the document “Terms and Conditions”. These terms and conditions of sale shall be governed by the laws applicable in the Republic of Colombia. Any dispute arising from this document will be submitted to the competent jurisdiction in accordance with Colombian law, and both BAHAMAMAMA BEACHWEAR S.A.S and the client expressly waive any other jurisdiction that may correspond to them by reason of their present or future domicile.
It is necessary for the user to READ, UNDERSTAND and ACCEPT all the conditions established in this document prior to registration as a user or to the acquisition of products or services through www.bahamamama.com.co. By using this site, the user is fully accepting the conditions established in the Terms and Conditions and Privacy Policies of BAHAMAMAMA BEACHWEAR S.A.S and therefore, the user is obliged to comply with all pre-established conditions without being able to claim ignorance of such Terms and Conditions and Privacy Policies.
SECTION 1 – LEGAL CAPACITY
The services offered by BAHAMAMAMA BEACHWEAR S.A.S are only available to people who have legal capacity to contract. The acts that minors carry out in this site will be the responsibility of their parents or guardians and therefore, will be considered as carried out by them and the legal representation they have. Whoever decides to register a user as a company, must have full capacity to contract on behalf of the entity and consequently, oblige it to the terms established in the document “Terms and Conditions”.
SECTION 2 – REGISTRATION AND USE OF THE SITE
To become an authorized user of www.bahamamama.com.co, purchase products and access the promotions offered on the site, it is necessary to complete the registration form in all required fields with valid data in an exact, precise and true manner. The user assumes the commitment to update the personal data used at the time of completing the registration form when necessary. BAHAMAMAMA BEACHWEAR S.A.S. is not responsible for the accuracy of the personal data provided by its users. Each user is responsible for the accuracy and veracity of the personal data entered into the system. Each natural and/or legal person can only be the owner of one account in www.bahamamama.com.co. If a person modifies or alters their personal data in any way possible to access more than one account and fraudulent or malicious use is suspected or verified, www.bahamamama.com.co has the unappealable right to terminate this user’s credits, disable their accounts in the system and legally prosecute the offenders.
BAHAMAMAMA BEACHWEAR S.A.S has the right to request some extra data or proof to corroborate the personal data entered by the users. BAHAMAMAMA BEACHWEAR S.A.S. also has the right to temporarily or permanently suspend users whose data is not confirmed and who refuse to provide proof or extra data requested. If a user is suspended, BAHAMAMAMA BEACHWEAR S.A.S may retract a purchase made by the user without the user having the right to compensation.
When a new member registers, he/she will have his/her email address or user name and a personal password that allows confidential and secure access to the website www.bahamamama.com.co. The user assumes total responsibility for maintaining his password confidential as it allows him to make purchases and obtain personal information. The delivery to third parties of the personal password of each user does not involve the responsibility of BAHAMAMAMA BEACHWEAR S.A.S. The user is responsible for all operations carried out from his/her account and his/her password must be for personal and exclusive use. It is the user’s responsibility to notify BAHAMAMAMA BEACHWEAR S.A.S. immediately of any unauthorized use of his/her account or password. The sale, loan or transfer of password or account between users is totally prohibited.
BAHAMAMAMA BEACHWEAR S.A.S reserves the right to reject any registration request or to cancel a previously accepted registration at any time without being obliged to explain the reasons for its decision and without generating any right to compensation.
SECTION 3 – MODIFICATIONS TO THE AGREEMENT
BAHAMAMAMA BEACHWEAR S.A.S may modify the Terms and Conditions at any time. The modified terms will come into effect 10 days after their publication. Within 5 days after the publication of the new modifications, the user must communicate with www.bahamamama.com.co by email if he/she does not accept the new Terms and Conditions. If you do not agree to the new Terms and Conditions, you will not be able to use this service. If the 5 day period expires, the user will be deemed to have accepted the new Terms and Conditions and the contract between the two parties will not be affected.
SECTION 4 – PAYMENT METHOD
The products and services offered in www.bahamamama.com.co can only be paid for with the means indicated in each specific case. The use of credit card is subject to the established in these Terms and Conditions and to what has been agreed in the respective cases of opening contracts and regulations of use with its issuer. BAHAMAMAMA BEACHWEAR S.A.S may determine purchase conditions according to the means of payment chosen by the user. BAHAMAMAMA BEACHWEAR S.A.S has the right to determine the maximum amount of credits that the user may use per purchase and the user will be notified prior to initiating the payment process. The credits that are used by the users, will not be refunded in case of return of the products.
SECTION 5 – FORMATION OF CONSENT IN CONTRACTS CONCLUDED THROUGH THIS SITE
Through www.bahamamama.com.co, offers of goods and services will be made and may be accepted using the mechanisms offered. Any acceptance of an offer by a user is subject to a condition precedent until the transaction is validated. For all operations carried out in www.bahamamama.com.co the validation by the supplier is a requirement for the formation of the consent. To validate each transaction, it must first be verified that the means of payment offered by the user is valid, the data recorded by the customer on the site coincide with those provided when the offer was accepted and that the payment is credited by the user. To inform the user about the validation of the offer, a confirmation will be sent to the same email address the user registered when subscribing. The consent will be understood to be formed from the moment this written confirmation is sent to the user and in the place where it was issued.
The sale and dispatch of the products is conditioned on their availability. If for any reason, a product is not available, and the customer was able to make a purchase of this unavailable product, the customer will be notified immediately and will be compensated the full value of the price paid for the product.
SECTION 6 – TERM OF VALIDITY OF THE OFFER AND PRICE
Offers on www.bahamamama.com.co will be valid until the effective date indicated in the promotion or until the quantities of products available for said promotion are exhausted. When no effective date is indicated in a promotion, it will be understood that the offer will be available until the corresponding inventories are exhausted. The prices of the products and services published in www.bahamamama.com.co will only be valid for purchases made through this medium. They will not be valid for other sales channels. All prices are expressed in Colombian pesos. The prices offered do not include transportation, handling, shipping and accessories that are not expressly described in the product descriptions.
It is possible that some products may be incorrectly priced. If a typographical error is identified in any of the product prices, customers will be contacted before the products are shipped and notified of the error. Products will not be shipped until the correct price is paid.
SECTION 7 – PROMOTIONS
Promotions offered on www.bahamamama.com.co will not be valid on other sales channels. When promotions are made that consist in lowering the price or sending a product free of charge for the purchase of another, both products must be delivered to the same place. Suppliers submit their promotions to the provisions of Law 1480 of 2011.
When discount coupons are offered, the value of the coupon, the minimum purchase amount to be able to use the coupon and the dates on which it can be used will be clarified. Coupons may be used by any natural person over the age of 18. Coupons are not cumulative with other promotions and can only be used once per customer. The maximum purchase amount for the use of coupons is 1 million colombian pesos.
SECTION 8 – DELIVERY OF PRODUCTS
The products acquired through our Marketplace BAHAMAMAMA BEACHWEAR S.A.S are subject to the conditions of dispatch chosen by the user and the delivery conditions available in our Marketplace. The user will freely choose the address of the place of delivery.
After the payment is approved and the order is dispatched, BAHAMAMAMA BEACHWEAR S.A.S will communicate by email to the Client the delivery date of his order.
In case no one receives the order at the shipping address, a second attempt will be made during the following three days. If after this attempt no one receives the order, the user must contact our Marketplace at firstname.lastname@example.org and the cost of the new shipment is assumed by the customer. If the customer does not make a new shipment during the following 5 days after the second attempt, the product is declared in a state of abandonment and there will be no compensation. In this case, BAHAMAMAMA BEACHWEAR S.A.S. will not be responsible for the products not received.
If the client chooses payment on delivery, and does not cancel the entire product and shipment pre-established in the order, it is understood that there is a breach of contract and the client must pay the value corresponding to the return of the products.
It is understood that any person who is in the place indicated by the client for the delivery of the products is authorized to receive the order, therefore, BAHAMAMAMA BEACHWEAR S.A.S is exonerated from any claim derived from the delivery that is made in the place indicated by the client.
SECTION 9 – RETURN AND CANCELLATION POLICY
RETURNS OR REFUNDS (RIGHT OF WITHDRAWAL)
BAHAMAMAMA BEACHWEAR S.A.S offers its clients the possibility of retracting their purchase during the first 3 working days after the delivery of the product.
The process for requesting a retraction is as follows:
Send an email within 3 working days after receiving the product to email@example.com with the reason for return and if you require the same product, a different one, or a refund. Note: it is important to be very specific about the reasons for return.
The customer is responsible for the return costs.
The customer has 3 days after deciding to make the exchange to take the product to the address indicated by BAHAMAMAMA BEACHWEAR S.A.S
The product must be in perfect condition and in its original packaging, including all packaging and labels.
When the product is received, the supplier makes the quality control that takes approximately 3 working days. When the condition of the product is determined and the exchange or refund is authorized, we will proceed with the option chosen by the customer.
Discounted products have NO exchange or refund.
Bahama Mama makes international shipments with the help of FedEx. Please note that we will not and cannot process any international returns.
Refunds will only be made by bank consignment to the account specified by the customer.
If the Customer receives a product with different characteristics from those described on the page at the time of purchase, the procedure for requesting a product change is as follows:
Within 2 days after receiving the product, the customer must take photos showing the wrong product and send them to firstname.lastname@example.org with the order number.
Once it is verified that the product has arrived in error, a collection guide will be sent to the client and BAHAMAMAMA BEACHWEAR S.A.S will be in charge of collecting the product in the same place where it was delivered and once the wrong product has been collected, the correct product will be sent.
The cancellation of a purchase is only made if the supplier is not able to send the product to the Customer due to lack of inventory and/or other reasons of force majeure. In case this happens, the customer will be notified and the money will be refunded. The times of refund vary depending on the method of payment used.
The customer can choose between the following refund methods
Bonus: Bonuses are valid for one year and must be used in a single purchase. The delivery time for this refund is 2 working days.
Bank Consignment: The account holder must be the same as the one who made the purchase at www.bahamamama.com.co. The refund will be made in 3 business days.
To cancel an order for any reason, the Customer must write an email to email@example.com with the order number he wants to cancel. Orders can only be cancelled if they have not yet been sent by the supplier or in the event that the PayU payment gateway has been charged, the customer assumes the commission costs generated.
SECTION 10 – INTELLECTUAL AND INDUSTRIAL PROPERTY
Absolutely all the content available to the user at www.bahamamama.com.co, including intellectual and industrial property, is the exclusive property of BAHAMAMAMA BEACHWEAR S.A.S or of the companies supplying the products. Users must refrain from reusing the content of www.bahamamama.com.co without the prior consent of BAHAMAMAMA BEACHWEAR S.A.S
SECTION 11 – THIRD PARTY INTELLECTUAL PROPERTY
BAHAMAMAMA BEACHWEAR S.A.S has tools to ensure that products purchased using our services are original and have been entered the country legally. If in any way you as a user suspect that any product published in www.bahamamama.com.co infringes intellectual property or legal rights, please notify it to the email firstname.lastname@example.org to submit it for review.
SECTION 12 – RESPONSIBILITIES
BAHAMAMAMA BEACHWEAR S.A.S will not be responsible for any loss of commercial opportunities or any indirect damage caused by the interruption of the transmission of the site. Every effort will be made to keep the transmission free of errors and interruptions but such conditions cannot be guaranteed. User accounts may be restricted or temporarily suspended for the purpose of maintenance or improvements to the site.
SECTION 13 – NOTICES