We ask all our visitors to carefully read the following terms and conditions of electronic sales, since it is built with the applicable legal framework for the transactions you carry out on this portal, and in effect, preserving the safeguard in the defense of your rights as consumer according to Law 1480 of 2011 and external circular No. 2 of November 7, 2019 issued by the Superintendence of Industry and Commerce.
The owner of the domain of this website is the company SAFESOLF INTERNACIONAL SAS Identified with Nit. No. 9001.054.325-9, registered in the Mercantile Registry of the Chamber of Commerce of Medellín-Colombia, with address at Calle 7 # 39 215 office 1009, for which you can contact us preferably through the email address email@example.com, and we will respond to your email as soon as possible.
By accessing and using the web services of SAFESOLF, the user declares and guarantees that you have not been placed on any trade embargo or economic sanctions list, the list of specially designated nationals maintained by OFAC, or the US Department of Commerce’s list of denied persons or entities. SAFESOLF reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, at its discretion, the provision of services and the sale of products in certain countries or regions.
On our website, you will find the relationship and characteristics of each product offered, with its technical specifications, uses, sizes, image, components, properties, quality and pertinent suitability, which constitute due attention to the right to information and knowledge of the product that corresponds to the end user.
The graphic images of the product are not determined to scale, which is why they are not adapted to the reality of the product, since presentations are offered that are not compatible with the screen resolution. In accordance with the foregoing, SAFESOLF certifies that the product information is subject to the description contained in its specifications, which is faithful to the reality of the product.
The products and services are only available to people who have the legal capacity to contract, in order to the above, people who do not have such capacity to fully exercise their rights and powers, as in the case of minors, may not use the services. The acts that they carry out on this site will be the responsibility of their parents, guardians, managers or curators, and therefore will be considered carried out by them in the exercise of the legal representation they have. Whoever acts on behalf of a business partnership must have the capacity to contract on behalf of such entity and oblige such partnership under the terms of this Agreement.
The user assumes full responsibility towards third parties for all orders and transactions issued on the WEB site, as well as the resources to finance said transactions, as long as they presuppose their consent and authorization, since they are the exclusive knowledge of the user.
For all cases in which the law requires a “Product sale contract” or equivalent document, it will be understood that these Terms and Conditions, together with the price, delivery method, payment method and essential characteristics of the Product, constitute the Contract of Sale between the User and SAFESOLF. For this purpose, once the transaction has been approved by the corresponding banking entity, or respective platform depending on the payment method, the User will be able to see a summary that will contain the conditions of the transaction carried out. In turn, these Terms and Conditions will always be available on the website.
The User and/or Client of SAFESOLF will be responsible for the damages and losses that may be suffered directly or indirectly, as a consequence of the breach of any of the conditions described in the Privacy Notice, the Law and in the terms and conditions of use of the Website, described in this statement.
SAFESOLF will make its best efforts to keep updated information. However, it does not assume legal or any other responsibility for the accuracy, timeliness, content or use of said information, reminding the User and/or Client that in order to determine if the information provided applies to their particular case, it will be necessary to that you contact us through our official communication channels.
SAFESOLF As the person in charge of the Website, will make its best effort to maintain the correct functionality of the Website. However, the User and/or Client will assume the risks, damages or losses, including but not limited to the loss of information or utilities, existence of viruses, results of the use or the inability to use the resources of the Web Page, among others.
The User absolves SAFESOLF and its related companies from any responsibility, as well as those who direct, succeed, manage, represent and/or work in them, for any administrative or judicial claim initiated by other Users, third parties or by any Organization. LIKEWISE, INDEMNITY IS PREACHED ON THE SOLE RESPONSIBILITY OF THE USER IN THE USE OF THE PRODUCTS AND SERVICES PURCHASED ON THE WEB WWW.ENCRIPTADOS.IO, FOR WHICH SAFESOLF IS NOT DIRECTLY OR INDIRECTLY RESPONSIBLE FOR THE CRIMINAL TYPES THAT MAY OCCUR FROM THE USER’S CONSULTATION AND THAT OCCUR WITH THE USE OR DISPOSAL OF THE PRODUCTS AND SERVICES PURCHASED, AS AT THE TIME OF PURCHASE, SAID CONDUCTS ARE OUT OF THE SPHERE OF RESPONSIBILITY OF SAFESOLF ATTENDING THE PRINCIPLE OF PERSONAL LIABILITY.
For all purposes, the entrance to the site is conditioned to the provision of some identity data necessary to execute the transactions, therefore the authorized User will access the web with the sole purpose of making the purchase of products and/or services offered in this site. SAFESOLF is not responsible for the accuracy of the Personal Data provided by the Users. Users guarantee and are responsible, in any case, for the accuracy, veracity, validity and authenticity of the Personal Data entered. If verified or suspected by SAFESOLF fraudulent and/or malicious use and/or contrary to these Terms and Conditions and/or contrary to good faith, SAFESOLF will have the final right to decline the transaction subject to payment of the products and services and likewise, if discretionary so considered, legally prosecute offenders.
The User will be solely responsible for all the operations carried out in and from his Account, as well as the use that he gives, directly or through an intermediary, to the products and services contracted by the WEB and acquired in this medium.
SAFESOLF requires the end user that its products and services be used for legal purposes only. In this sense, you expressly represent and guarantee that you understand this statement, and in the event that this statement is not consistent, you must refrain or stop using the products and Services.
The commercial offer of the products and services is indeterminate and will be valid until its existence is exhausted in accordance with the Colombian Commercial Code articles 845 and following, which will be understood as exhausted when the publication of the same is withdrawn on the website, and its acceptance, it will be tacitly with the will to purchase and use the platform for said purposes.
It is to be noted that SAFESOLF will not be bound by manifest errors of transcription in the declarations in the website offer. There is the possibility that variations in products may occur as a result of image resolution or other technical reasons, but is not responsible for these variations. It is accepted by the consumer that the conditions of the offer are considered accepted when proceeding to purchase the product and it is a sign of express acceptance of this document of terms and conditions.
Prices are expressed in USD dollars, SAFESOLF reserves the right to make price changes prior to an order being placed. SAFESOLF also reserves the right to limit or terminate offers and promotions at any time without private notice. For exchange purposes, the representative rate of the effective day of purchase will be used.
To deliver your order to the desired address, SAFESOLF charges shipping costs that may vary according to the quantities requested. These expenses will be invoiced, where appropriate, separately and will be specified and added to the total amount of the order. The delivery times of the products will vary according to the area or country of delivery.
The availability of the products is conditioned to existence in inventory, therefore SAFESOLF will refrain from presenting to the electronic market products that are not current or available, also warning that if required by the end user, it can generate storage space. communication to the email firstname.lastname@example.org, in order to agree directly with the seller, a deadline for obtaining the required products, which will be subject to the same conditions of sale, payment and withdrawal.
When making purchases on the website https://www.encriptados.io , the end user ACCEPTS freely and voluntarily, to immediately receive and pay the invoices for the purchase of items offered in this medium, authorizing others so that from of the date, submit by email the proof of payment with the exact list of the products purchased, exonerating SAFESOLF from sending said documents physically. Therefore, the client accepts that it is their responsibility to have the active service of the e-mail reported in order to be included in this communication channel, the documents that support the purchase.
The products and services offered on the Site, unless a different form is indicated for particular cases or offers of certain goods or services, can only be paid with the means that are specifically indicated in each case.
For the purpose of the above, the WEB site has three timely and authorized means of payment:
The use of credit cards will be subject to what is established in these Terms and Conditions and, in relation to its issuer, and to what is agreed in the respective Opening Contracts and Bank-type Use Regulations. In case of contradiction, what is expressed in the latter instrument shall prevail. In the case of bank cards accepted on the Site, aspects related to them, such as the date of issue, expiration, quota, blocks, etc., will be governed by the respective Opening Contract and Regulations of Use of the bank, in such a way that SAFESOLF will not be responsible for any of the aspects indicated. The Site may indicate certain purchase conditions depending on the means of payment used by the user.
It is to be clarified that SAFESOLF by the payment with a credit card for the products and services purchased, it collects user information which can be delivered by virtue of the exemption to the duty of confidentiality, when required by government entities of all kinds in Colombia. Said information will be kept confidential while the grounds for exemption cited in the data processing policy provided on our portal are considered.
To operate the payment through an ATM device, the user must carry an ATM card or a debit card and enter a personal identification number (PIN), in addition to following some instructions on the screen necessary for the banking service to be carried out.
Due to the foregoing, said authentication lends merit to the recognition and verification of the client’s security and at various levels, when the personal data is incorporated into the device, it is clear that the transaction is subject to verification by the financial institution, and from there, the disclaimer of SAFESOLF on the resources that are the object of the transaction, is immediate upon leaving its scope of civil jurisdiction. SAFESOLF is exempt from all responsibility from the moment the bank verification of the transaction is generated, for which it is not attributable to SAFESOLF resource tracking under the premise of good security and protection practices among all those involved in our products and services.
In the payment modality described, it is clear that our policies are rigorous regarding the identity of the purchasers and users of our products and services, therefore, our links to platforms under the payment gateway model, in this case, with cryptoactives, contain a strong security verification under the use of KYC tools usually recognized by said platforms for end-user verification.
Mandatory verification of a user’s identity, normally by a financial institution or fund collector under any modality, includes, among others, the verification of information that can be used to verify the identity of the purchaser in both databases, as well as documentary and home verification, among others.
If the KYC process is not completed on said payment platforms, it is not possible to access all the products and services of said platform, in this case, the use of different currencies for the exchange of products and services on our WEB, for which Said verification guarantees, moreover, the origin of the resources that the user holds for the payment of the products and services offered, as well as the identity of the same, for which the user, when entering our website, ADHERES TO THE ACKNOWLEDGMENT AND ACCEPTANCE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR THE PREVENTION OF FRAUD OR THE PREVENTION OF FINANCIAL CRIME, AS PART OF THE EXEMPTION OF LIABILITY OF SAFESOLF AND CORRESPONDING INDEMNITY.
Our policies for the prevention of money laundering, the financing of terrorism and illegal activities are aimed at preventing attacks against business assets, their employees and the provision of services, developing business relationships with reliable and safe business partners.
The user then, with accessing the WEB and even more with the acquisition of our products and services agrees to:
In the same way, when entering the WEB, the user declares that the economic resources used for the acquisition of the products and services on the WEB, do not come in any case from illegal activities and do not have any commercial relationship with third parties, which are dedicated to conduct contemplated in the Colombian Penal Code or in any other Legal Norm that modifies or repeals it, as well as the criteria of circular 100-000005 of 2014 of the Superintendence of Companies.
In your capacity as consumer and/or end user, the contract will be understood to be perfected only if you, as a customer, are over 18 years of age, acquire through purchase and sale the estimated products in the commercial offer available on the web portal. The orders that you make through the Website for the products offered at https://www.encriptados.io are solely an offer to enter into a sales contract. The aforementioned contract will only be effectively concluded when SAFESOLF confirms the order and the shipping options by email. Before receiving such confirmation by this means, the order may be canceled. If SAFESOLF does not confirm your order within ten business days, it will be considered rejected.
SAFESOLF will deliver to the address provided in the data registration forms, within Colombian territory. Deliveries will be made on business days. If you ask SAFESOLF to deliver the order in several shipments, SAFESOLF may charge you extra delivery costs. Each individual shipment will constitute a separate contract. If SAFESOLF is late in delivering a shipment or one of the shipments is not correct, this will not give you the right to cancel any other shipment.
The delivery periods are indicative and, therefore, are not considered strict deadlines. The mere fact of having exceeded a delivery period will not give you any right to compensation. For this, a notification of non-compliance must be sent to SAFESOLF, waiting for the reasonable time designated in the delivery terms according to the carrier chosen by the client, which is why it is designated for national deliveries from 1 to 3 business days and for delivery International 7 to 15 business days, approximately. In the event that the delivery is not made in said terms, the amount paid to the consumer will be refunded and no compensation will be made for said concept.
If SAFESOLF, before concluding the contract, observes that it cannot supply the requested products, it may offer you an equivalent product in terms of quality, price and function. You will not be required to accept the replacement product. If you wish, you may return it within 5 days and SAFESOLF will bear the necessary and reasonable expenses to return it from its destination.
If the contract is concluded, and SAFESOLF observes that it cannot under any circumstances supply the ordered products and is not responsible for this situation, it will have the right to terminate the contract, immediately informing about it and reimbursing the payments that it has made.
The client and/or End User may return the products received once they have contacted SAFESOLF at the designated email, stating the reasons for the return and reimbursing it within 7 business days following receipt of the product. Likewise, the products must be sent, unused and complete, including their original packaging. Once your return has been authorized, we will contact you to coordinate the collection of the same through our transporter. The return of products will be at the expense and risk of SAFESOLF.
In the event of a valid return, the purchase price will be refunded to you within ten days of receipt of the product and cancellation of the contract. However, the client and/or end user must be aware that there are banking processes that can take up to 60 days, which is why constant communication is required between the client and the bank to monitor the return.
If a product is returned and SAFESOLF notices that it is altered due to an act or omission attributable to the client, it may reduce the amount of the return due to the decrease in the value of the product as a result of these damages. You may avoid the obligation to compensate for the decrease in value of a product caused by the use of said product, if you do not use the product as if it were your property and if you refrain, as far as reasonably possible, from any action that may negatively affect its value.
If you wish to express a verbal complaint about the conclusion of the contract or its fulfillment, you can send your request to the email: email@example.com
The aforementioned retractions must be requested through the website and in our original channel.
In order to exercise the right of retract, the user must demonstrate that the product is not damaged or deteriorated by actions corresponding to his domain, must also have the original labels, accessories and packaging (including manuals, user guides, guarantee certificates), the product must not show signs of use, dirt or wear and must not be older than FIVE (5) business days from delivery.
THE PRODUCT WARRANTY DOES NOT APPLY WHEN:
The equipment presents abuse, damages caused by natural catastrophes or use other than that indicated in the handling instructions
SAFESOLF is the owner or, as the case may be, has the corresponding licenses on the intellectual property exploitation rights of the Web, as well as all the products and contents offered on it, including texts, photographs or illustrations, logos, brands, graphics, designs, interfaces or any other information or content and the services available through it. Likewise,
References to trademarks or registered trade names or other distinctive signs, whether owned by SAFESOLF or third-party companies, implicitly prohibit their use without the consent of SAFESOLF and/or their legitimate owners. At no time does the access, navigation or use of the Web and/or its contents confer the User any right over distinctive signs included therein
In the event that the User sends information of any kind to SAFESOLF through any of the channels enabled for this purpose, the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual, industrial property , trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The User acknowledges assuming responsibility, leaving SAFESOLF harmless for any verbal or written communication that it provides personally or on its behalf, reaching said responsibility, without any restriction, for any damages related to its accuracy, legality, originality and/or or its ownership.
Likewise, in the event that any User or third party considers that any of the contents of the Website owned by SAFESOLF violates their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to firstname.lastname@example.org with the necessary documentation that accredits such end, and from SAFESOLF a complete response will be given as soon as possible.
The User agrees to make appropriate use of the content, materials, products and services that SAFESOLF offers on the Web and not to use them to engage in illegal activities or contrary to good faith and the legal system, The performance of any actions such as those described in the previous paragraph by the User may entail the adoption by SAFESOLF of the appropriate measures protected in the exercise of its rights or obligations, among which is the elimination or blocking of the offending User and, in effect, the potential denunciation of the criminal acts that warn.
The User expressly acknowledges that in the event that he performs the aforementioned actions, he will not have the right to claim any compensation for the damages and losses caused and, on the contrary, he will be solely responsible for the damages and losses that could be caused to SAFESOLF and/or to any third parties. For this purpose, the User expressly acknowledges and agrees to hold SAFESOLF from any liability with respect to any damages derived from actions such as those described in the previous paragraph. This indemnity guarantee covers not only the amount of compensation and the costs of any legal or arbitration proceedings, but also the expenses of professionals (lawyers, experts, etc.) that SAFESOLF would have to carry out to defend its rights and/or interests, both judicial and extrajudicially. The User who fails to comply with these prohibitions will be responsible for any claim that occurs as a result of it. The indemnity guarantee described in this clause also applies to this case, which the User expressly acknowledges and accepts and, therefore, the User must leave SAFESOLF free of liability in the aforementioned terms.
The User expressly acknowledges and accepts his responsibility for the eventual consequences derived from the infraction of the regulations governing material and immaterial goods and/or tangible and intangible assets, and undertakes to keep SAFESOLF harmless from any claim for this reason in the terms previously expressed.
The Services are available for use in any country, as long as it does not contravene Colombian legislation or that of the country of reported use and acquisition. In this sense, you expressly agree to comply with all Colombian laws, and as appropriate, foreign laws related to the use you make of the services. Therefore, you will not provide, transport, export, re-export or otherwise make available, directly or indirectly and regardless of the form, including through visual access, the services or any technology or technical data used to provide said services. or derived from them in a way that contradicts or may contradict the representations and warranties that it has made. The fact that you can access the Services from another location will not constitute a representation or agreement that the Services are available at that location. Whoever chooses to access the services in a jurisdiction other than where the Services are offered does so on their own initiative and at their own risk, and also understands that such access may be contrary to the applicable laws therein.
THE END USER AND/OR CONSUMER, ACKNOWLEDGES AND ACCEPTS THAT:
(A) YOU ASSUME ALL RISK RELATING TO OR ARISING OUT OF YOUR USE, CONSULTATION OR ACCESS TO THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND;
(B) WITHIN THE LIMITS OF LAW, SAFESOLF EXPRESSLY AND HEREBY DISCLAIMS ALL WARRANTIES OR LIABILITIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PROHIBITION OF IMPROPER USE AND USUAL USE IN COMMERCIAL PRACTICE OR IN NEGOTIATIONS IN THIS SECTOR; AND
(C) SAFESOLF EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING: (I) THAT THE WEBSITE AND ITS CONTENT WILL ALWAYS BE ERROR-FREE OR VIRUS-FREE OR WILL NEVER BE UNDER ATTACKS BY THIRD PARTIES; (II) THE UNINTERRUPTED AND ALWAYS SECURE OPERATION OF THE WEBSITE; (III) THE PERMANENT AVAILABILITY OF THE SITE; (IV) WHETHER THE WEBSITE MEET THE USER’S NEEDS OR NOT; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY OR TRUTHFULNESS OF THE INFORMATION PROVIDED BY THE USER.
SAFESOLF shall not be liable for any loss, whether indirectly or not objectively foreseeable, such as lost profits, business or other opportunities, arising out of any defect, error or non-compliance with respect to the Website or Services or otherwise.
USER AGREES TO ASSUME ALL RISKS ASSOCIATED WITH OR ARISING OUT OF USE OF THE WEBSITE OR INFORMATION PROVIDED BY USER, INCLUDING, BUT NOT LIMITED TO, RISKS OF ECONOMIC LOSS, PROPERTY DAMAGE AND EXPENSES OF DEALING WITH OTHERS. USERS OF THE WEBSITE (WHETHER THEY ARE UNKNOWN, MINORS, FOREIGNERS OR PERSONS ACTING UNDER FALSE IDENTITY). THE USER ALSO COMMITS TO EXONERATE SAFESOLF FROM ALL LIABILITY, TO THE PARENT COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AS WELL AS THE DIRECTORS, OFFICERS, COMMERCIALS AND EMPLOYEES OF ALL OF THEM, AGAINST CLAIMS, DEMANDS OR CLAIMS FOR COMPENSATION FOR DAMAGES AND LOSSES (DIRECT, INDIRECT AND CONSEQUENTIAL) OF ANY KIND, KNOWN OR NOT, THAT MAY BE INTERPOSED BASED ON, OR ARISING FROM THE USE OF THE WEBSITE, THE INFORMATION PROVIDED BY THE USER OR THE TRANSACTIONS THAT OCCUR AS A RESULT OF THE USE OF THE WEBSITE BY THE USER.
ALWAYS WITHIN THE LEGAL LIMITS, THE USER ASSUMES AND ACCEPTS THAT IN NO EVENT WILL SAFESOLF NOR ITS SUBSIDIARIES AND AFFILIATES, NOR THEIR DIRECTORS, THE SALESMEN, THE EMPLOYEES OR THE SUPPLIERS OF ALL OF THEM, ASSUME ANY RESPONSIBILITY FOR LOSSES OR LOSSES. DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE AND PURE ECONOMIC DAMAGES), OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR INTERRUPTION OF USE, HOWEVER CAUSED – BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BREACH OF WARRANTY-, EVEN IF SAFESOLF SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN THE EVENT THAT ANY JURISDICTION PROHIBITS THE EXCLUSION OF CERTAIN WARRANTIES, LIMITATION OF LIABILITY, OR DISCLAIMER OF CERTAIN DAMAGES, SAFESOLF ‘S CUMULATIVE LIABILITY FOR DAMAGES SHALL NOT EXCEED $10.00 (TEN UNITED STATES DOLLARS). ), IF PERMITTED BY APPLICABLE LAW.
End users understand and agree that the use of the services is left to their sole discretion, therefore, they assume the user’s own risks. SAFESOLF disclaims any liability with respect to the use of these services and is not responsible for any damages, including damages caused by.
Each party undertakes to maintain the confidentiality of all information related to the existence of the dispute and arbitration, as well as all awards and orders issued by the arbitral tribunal, except to the extent disclosure is required by applicable law.
This document has been prepared by LegalAB – Colombia, in accordance with Colombian legislation, especially the data processing policies applicable in Colombia and international data transmission. This document enjoys full legality between the parties and between those who are browsing or accessing the contents, products and services of the www.encriptados.io platform, for which its reproduction, copying, extraction and/or any usurpation of content without the authorization of the owner SAFESOLF INTERNATIONAL S.A.S.