TERMS & CONDITIONS OF USE OF THE WEBSITE

CLAUSE 1°

GENERALITIES

SECTION 1.01 – PURPOSE. This page establishes the “Terms and Conditions” under which YOU (The User) use the website www.cafeenigma.com (hereinafter, “the Website” “the Web Page” or “the Page”) owned by the company CAFÉ GRANJA LA ESPERANZA SACISA, a company legally incorporated by Public Deed No. 2423 of November 29, 2002 of Notary Fifteen (15) of the Cali Circle, registered in the Cali Chamber of Commerce on August 5, 2022 with No. 213857 of Book IX, with address in Cali, Valle del Cauca, with NIT. 805024170-8 (hereinafter THE CONTROLLER ) .


SECTION 1.02 – ACCEPTANCE OR REJECTION . Access to and/or use of the Website confers upon the person accessing it the status of User, thereby fully and unreservedly accepting, from that moment on, these terms and conditions, as well as any specific conditions that complement, modify, or replace the general conditions, where applicable, in relation to all of the website's services and content.


FIRST PARAGRAPH. THE CONTROLLER requests that Users of this site read these terms and conditions and the privacy, processing, and personal data protection policy carefully and in detail before registering, browsing, or using the site.


SECOND PARAGRAPH. The user acknowledges having read and understood these terms of use and agrees to abide by them and comply with all applicable laws and regulations that are part of Colombian law. Furthermore, when the user uses any service provided on this site, such as "chat ," suggestion boxes, purchase buttons, shopping carts, or contests, they will be subject to the rules, guidelines, policies, terms, and conditions applicable to said service.


THIRD PARAGRAPH. If the user does not agree with these terms, they must refrain from using this site. This site is controlled and operated by THE CONTROLLER from its offices located in Colombia. THE CONTROLLER is not responsible for whether the material on this site is appropriate or available for use in Colombia and other countries, and access to it from territories where its content is illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for complying with applicable local laws. Any claim related to the use of this site and the material contained therein is governed by the laws of Colombia.


SECTION 1.03 – AMENDMENTS. These terms and conditions are subject to change at any time without notice, at the sole discretion of THE CONTROLLER . As of the date these terms and conditions are amended, all transactions between THE CONTROLLER and the user shall be governed by the amended document.


SOLE PARAGRAPH. THE CONTROLLER reserves the right to make changes to the Website, the terms of use, and the legal notices at any time. Each time you use THE CONTROLLER 's Website , you must review the terms of use, legal notices, and privacy policy, processing, and protection of personal data in force at that time, which apply to transactions and use of the Site. If you are not satisfied with THE CONTROLLER 's Website, its content, terms of use, or legal notices, you agree that your sole and exclusive remedy is to stop using THE CONTROLLER's Website . The design, presentation, or configuration, registration requirements, or use of the Website may also be modified in the same way, without this giving rise to any claim or compensation for the User or visitor.


SECTION 1.04 – FRAUD. You are prohibited from misusing the site, falsifying a user's identity, using purchasing agents, and engaging in fraudulent activities on the WEBSITE , which is dedicated to electronic commerce through which products are sold for delivery in the Republic of Colombia, subject to verification by THE CONTROLLER .


CLAUSE 2°

RULES OF INTERPRETATION


Unless the context of this document requires otherwise, the following rules shall be used to interpret it:

 

  1. Terms used with an initial capital letter will be equally applicable in singular and plural according to their respective meanings.


  1. A reference to a Person shall also be deemed to include that Person's successors, permitted assignees under any agreement, instrument, contract or other document (including, but not limited to, Persons resulting from a merger or demerger) .


  1. When the context so requires, any pronoun will include the corresponding masculine or feminine or neuter form.


  1. References to this contract or any other contract, agreement or document, or any specific provision thereof, shall be construed as references to such instrument or provision as modified in accordance with their respective terms.


  1. All references to clauses, numerals, literals, paragraphs and annexes shall be understood to be made with respect to the clauses, sections, numerals, literals, paragraphs and annexes of this document, unless otherwise indicated by the context.


CLAUSE 3°

DEFINITIONS


To facilitate the understanding of these terms and conditions of use of the website of THE CONTROLLER , it is necessary to clarify the meaning of the following words:


  1. CONTENTS: This includes all forms of information or data disclosed on the website, including text, images, photos, logos, designs, and animations.


  1. INTELLECTUAL PROPERTY RIGHTS: refer to all property rights of the information of THE CONTROLLER or any person who is the legitimate owner, such as: distinctive signs, brands, slogans, emblems, logos, domain names, copyrights, databases, designs, content or any other intellectual work or creation linked to the purpose, operation or performance of THE CONTROLLER's website.

  1. INTERNET: A communication tool with tens of thousands of computer networks connected by the TCP/IP protocol. Multiple services can be used over this network, such as email, the Internet, and others.



  1. WEB PAGE: Hypertext or hypermedia result provided by a web browser after obtaining the requested information. Its content can range from a short text to a large collection of text, static or moving graphics, sound, among others.

  1. PUBLISH: Make a document visible from the Website.

  1. SERVICES: These are the online services that THE CONTROLLER currently provides or plans to provide in the future to users through this Website, such as news publications or business management activities; online procedures; inquiries; forums and complaints and claims mailboxes; customer or retailer registration; location maps; order requests; collection catalog; merchandise purchases, among others.



  1. USER OR CUSTOMER: is the natural or legal person or entity of any nature that enters the CONTROLLER's website to access, register or sign up to receive a good or service from the CONTROLLER for any reason, or to search for or consult information of interest.

  1. LINK : Hypertext pointers used to jump from one piece of information to another, or from one Web server to another, when browsing the Internet.


CLAUSE 4°

INDUSTRIAL PROPERTY & COPYRIGHT


SECTION 4.01 – OWNERSHIP. All trademarks, signs, logos, names and any other distinctive signs, as well as utility models and/or industrial designs and other intellectual property elements inserted, as well as all computer, graphic, advertising, photographic, multimedia, audiovisual and/or design material, as well as all content, texts and databases made available to you, used and/or displayed on this site are the exclusive property of THE CONTROLLER and in some cases are the property of third parties who have expressly authorized the WEBSITE to use and/or exploit them.


FIRST PARAGRAPH. Likewise, the use of certain third-party content on this WEBSITE is expressly authorized by law. All content on this WEBSITE is protected by applicable national and international copyright and industrial property laws.


SECOND PARAGRAPH. Nothing on this WEBSITE may be construed as granting or granting any authorization, license, or other right to use or dispose of any Industrial Property in any way, without the written permission of THE CONTROLLER or the owner of the rights thereto.


SECTION 4.02 – TRANSCRIPTION. Except as expressly provided in these terms and conditions, any copying, reproduction, modification, transfer, display, creation of derivative works, sale or distribution, or exhibition of the contents is prohibited in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or any other means, without the prior written permission of THE CONTROLLER or the copyright owner.


FIRST PARAGRAPH. Under no circumstances do these terms and conditions confer rights, licenses, and/or authorizations to perform the acts described above. Any unauthorized use of the contents will constitute a violation of these terms and conditions and of current regulations on trademarks, copyright, and/or other applicable national and international intellectual property laws. THE CONTROLLER grants the user a personal, non-transferable, and non-exclusive license and right to display the WEBSITE on the screen of a computer, PDA, or mobile device under its control.


SECOND PARAGRAPH. Any unauthorized use will constitute a violation of these terms and conditions and of current national and international regulations on Industrial Property and will give rise to the corresponding civil and criminal actions.


CLAUSE 5°

RESPONSIBILITY


SECTION 5.01 – CONDITIONS. THE CONTROLLER assumes no responsibility for any damages or losses, including but not limited to damages or losses caused by any use of (or inability to use) the portals, use of (or inability to use) any portal to which the user hyperlinks from our portals, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line failure.


FIRST PARAGRAPH. Under the terms set forth herein, use of the WEBSITE shall be under the sole and exclusive responsibility of the User. This responsibility shall extend to the use, by the User or any third party, of any password or similar assigned for access to the Website or any of its services. Notwithstanding the foregoing, THE CONTROLLER reserves the right to deny access to the Website at any time and without prior notice to any users who fail to comply with the Terms and Conditions established herein.


SECOND PARAGRAPH. THE CONTROLLER assumes no responsibility for the information provided on the Website, including but not limited to, information of interest, opinions, concepts, events, regulations, among others. This WEBSITE is provided to you on an "as is" and "as available" basis and consequently, THE CONTROLLER does not provide any warranties of any kind, whether express, implied or otherwise, and is therefore not liable for any interruption in the service of this WEBSITE , or for any inaccuracy, error, or imprecision that may arise in its content.


SECTION 5.02 – ALTERATION. Neither the CONTROLLER nor any other party involved in the creation, production, or delivery of this WEBSITE shall be responsible for maintaining the materials and services made available on this WEBSITE or for supplying any corrections, updates, or releases related thereto. The CONTROLLER may unilaterally and without prior notice modify the content whenever it deems appropriate, the structure and design, as well as modify or eliminate the services, content, and the conditions of access and/or use of the Website.


FIRST PARAGRAPH. The legitimacy of the intellectual or industrial property rights corresponding to the content provided by third parties is the exclusive responsibility of the third parties that provided the document, and therefore THE CONTROLLER is not responsible in any way for its content or any violation that may arise from the publication of said content.


SECOND PARAGRAPH. Likewise, by accepting these terms and conditions, the user declares that benefiting from or using the services of the Website or being registered or designated as a distributor or marketer of THE CONTROLLER does not constitute a relationship with THE CONTROLLER of an employment or commercial agency nature, unless expressly contracted for this purpose. The user waives the right to make any legal or extrajudicial claim in this regard.


CLAUSE 6°

PURCHASE PROCEDURE


To make a purchase the user must follow the following steps:


  1. To find the product you want to buy, you can browse through the categories in the menu or use the search bar.


  1. Choose the product you want, select the profile and presentation, and add it to the shopping cart by clicking the ADD TO CART button.


  1. Once you've added a product, you can continue browsing and adding the products you wish to purchase to your shopping cart.


  1. Once all the products to be purchased have been added, the user should go to the shopping cart located in the upper right corner of the portal. They should check the products they added to their shopping bag and click "Checkout."


  1. Enter your email address to continue with your purchase.


  1. Complete and verify personal data and delivery data.


  1. Choose the payment method you want.


  1. Check the purchase confirmation message and wait for the confirmation email.


CLAUSE 7°

IMPROVEMENT


SECTION 7.01 – CONTRACT. Without prejudice to the provisions of Article 1857 of the Civil Code, the contract for the sale of products from THE CONTROLLER is concluded when the customer makes payment according to the payment methods offered by THE CONTROLLER on this WEBSITE , based on the product offering made by THE CONTROLLER thereon.


FIRST PARAGRAPH. Under no circumstances shall THE CONTROLLER be obligated under any circumstances to accept a purchase offer.


SECOND PARAGRAPH . In cases where the customer purchases more than ten (10) units of the same product, the customer accepts and understands that delivery times may be extended between ten (10) and twenty (20) business days, counted from the date of perfection of the contract, without this implying non-compliance on the part of THE RESPONSIBLE PARTY or giving rise to the recognition of any compensation.


CLAUSE 8°

PRODUCT DISPLAY


SECTION 8.01 – CONTEXT. Customers who access the WEBSITE cannot be guaranteed that the image they view on the site is completely identical to that of the actual product. Correct viewing is subject to the screen resolution of the computer or mobile device used by the customer to access the WEBSITE . Likewise, the photos of the services and products used for the WEBSITE are taken in photography studios and settings with varied lighting, in addition to exterior lighting. Their greater or lesser brightness can generate variations in the actual colors of the product, causing them to gain or lose strength in intensity.


SOLE PARAGRAPH. We do not guarantee that all product display variables and the perception of the product that each user may have are identical to those developed by the “ENIGMA CAFE” brand. , under registration certificate 704752 class NIZA No. 30 in concession status.


CLAUSE 9°

PRODUCT DISPLAY


SECTION 9.01 – ELEMENTS. The total purchase price will be composed of the following items, which are the customer's responsibility: product value and taxes. Shipping costs are charged separately, as the company is not responsible for the logistics of the product through the carrier.


SOLE PARAGRAPH. The prices and availability shown on the WEBSITE apply only to purchases made through it. Given the online nature of the WEBSITE , the price or availability of a product may change at any time and without prior notice. The price will be the one in effect at the time of confirming the order on the WEBSITE's order form.


CLAUSE 10°

TERMS OF PAYMENT


Once the order is confirmed, it will be automatically redirected to the PAY U , MERCADO PAGO, ITAU , and BANCO DE BOGOTÁ payment gateways . The payment process established by that platform must be followed. Therefore, THE CONTROLLER does not store customer financial information. Our payment partners are PCI DSS certified for the secure handling of credit card information.


CLAUSE 11°

TERMS OF PAYMENT


SECTION 11.01 – NON-APPLICABLE. In accordance with the provisions of Law 1480 of 2011, Article 47, on the right of withdrawal, please be advised that this right does not apply to goods sold by THE CONTROLLER , since these are perishable products such as coffee. Since these goods are subject to rapid deterioration by nature, they are among the exceptions provided for in the regulations, which precludes the right of withdrawal from this type of product.


CLAUSE 12°

PAYMENT REVERSAL


SECTION 12.01 – CONTEXT. The law provides that in sales made through electronic commerce mechanisms, in which a credit, debit card, or any other electronic payment instrument is used to pay for the product, the participants in the payment process must reverse payments requested by the consumer when the consumer is the victim of fraud, or corresponds to an unsolicited transaction, or the purchased product is not received, or the delivered product does not correspond to what was requested or is defective.


SOLE PARAGRAPH. For the payment reversal to proceed, within five (5) business days following the date on which the consumer became aware of the fraudulent or unsolicited transaction or that the product should have been received or was received defective or did not correspond to what was requested, the consumer must file a written complaint with THE CONTROLLER and return the product, when applicable, and notify the issuer of the electronic payment instrument used to make the purchase of the claim, which, together with the other participants in the payment process, will proceed to reverse the transaction to the buyer. The financial institution is responsible for complying with the deadlines to make the payment reversal.


CLAUSE 13°

SHIPPING TERMS & CONDITIONS


THE CONTROLLER will contract the provision of the transportation service through a specialized national logistics operator. This operator will manage the collection and delivery of the products. THE CONTROLLER delegates responsibility for deliveries to this third party, including the coordination of routes and schedules.


The shipping cost will be communicated to the consumer at the time of purchase and will be reflected on the payment receipt. THE CONTROLLER may offer free shipping for specific promotions or campaigns, which will be duly announced. Shipping coverage is nationwide; in the case of international or cross-border shipments, taxes, duties, or other customs charges may apply and are the responsibility of the recipient.


THE CONTROLLER is not responsible for any delays in the authorization, confirmation, or validation of payments made by financial institutions (banks, payment gateways, etc.) , as these processes are beyond its control and are the responsibility of said entities. The product will be shipped once THE CONTROLLER confirms receipt of payment or approval of the transaction.


CLAUSE 14°

SHIPPING TERMS & CONDITIONS


SECTION 14.01 – CONTENT AND SCOPE OF THE GUARANTEE. THE CONTROLLER and its SUPPLIERS , in compliance with the provisions of Article 7 of Law 1480 of 2011, guarantee that the perishable products offered to consumers, such as coffee in its various forms, meet the quality, suitability, safety and good condition attributes required by law and offered at the time of sale. This guarantee is mandatory, free of charge, joint and several and does not require an express agreement . The legal guarantee extends only until the expiration date, preferred consumption or expiration date indicated on the product packaging or labeling, in accordance with the provisions of Article 8 of the Consumer Statute.


SECTION 14.02 – CONSUMER DUTIES. Pursuant to Section 2.1 of Article 3 of Law 1480 of 2011, consumers are required to be adequately informed about the product's condition, including its expiration date and storage and usage instructions. Failure to follow these instructions may constitute grounds for exoneration of the warranty by THE CONTROLLER , pursuant to Article 16 of the same.


SECTION 14.03 – RECEIPT OF THE CLAIM AND PRELIMINARY ANALYSIS. In accordance with Articles 7, 8, 11, and 58 of Law 1480 of 2011 Every consumer has the right to claim the legal guarantee on perishable products purchased, such as coffee, when these present defects in quality, suitability, safety or good condition within the guarantee period, which for perishable goods corresponds exclusively to the end of their expiration date or preferred consumption, as indicated on their labeling or packaging.


Once the claim has been filed, THE CONTROLLER must:


  • Register the application in accordance with Article 58 of Law 1480;

  • Verify that the product is within the legal warranty period;

  • Analyze whether the alleged defect constitutes a real and verifiable impact on the product's legal conditions (quality, suitability, or safety).


The fact that the product has been opened by the consumer does not prevent the warranty from being exercised, provided that the defect is not due to improper use, but rather to an alteration not visible at the time of purchase.


SECTION 14.04 – WARRANTY EXEMPTION. THE RESPONSIBLE PARTY may be exonerated from compliance with the warranty only if it demonstrates , in accordance with Article 16 of Law 1480 of 2011 and its sole paragraph, the existence and causal link of any of the following facts:


a. Force majeure or fortuitous event ;

b. Exclusive fact of a third party ;

c. Misuse of the product by the consumer;

d. Failure to comply with storage, conservation or use instructions , provided that these have been provided in Spanish in a clear and understandable manner.


SECTION 14.05 – SOLUTIONS AVAILABLE IN THE EVENT OF WARRANTY APPLICABILITY. When the analysis determines that the defect alleged by the consumer is within the scope of coverage of the legal warranty , and there is no cause for exoneration , THE CONTROLLER must comply with the provisions of Article 11 of Law 1480 of 2011 , in the following order:


a. Product replacement: The general rule for products that cannot be repaired, such as perishable goods, is to replace the product with one of the same characteristics, in good condition and within the same warranty period. (Law 1480/11, art. 11, paragraph 1) . This is the first alternative that must be offered to the consumer, provided that inventory is available.


b. Refund: Only in the event of technical or factual impossibility of replacing the product - due to lack of inventory, suspension of the product line or any justified cause - THE RESPONSIBLE PARTY must proceed with the immediate refund of the value paid for the defective product, without deductions or surcharges of any kind, in accordance with section 4 of article 11 .


SOLE PARAGRAPH. The choice between replacement and refund is not at the consumer's discretion when the good allows for replacement. The law imposes an order of priority: first replacement, then refund if the former is not feasible.


CLAUSE 15°

Authorization for consultations at the CIFIN Risk Center


Any person who makes a purchase on the WEBSITE , acting freely and voluntarily, authorizes THE CONTROLLER and its payment platform providers to consult and request information on credit, financial, commercial and service behavior from third parties, including in countries of the same nature as the CIFIN SA information center , generating a query footprint.


CLAUSE 16°

INFORMATION & THIRD PARTY WEBSITES


SECTION 16.01 – CONTEXT. The WEBSITE may offer hyperlinks or access to websites and content belonging to other individuals or entities. THE CONTROLLER does not control, endorse, or guarantee the content included on such sites. The User accepts that THE CONTROLLER is not responsible for any content, associated links, resources, or services related to a third-party site. Likewise, the User accepts that THE CONTROLLER will not be liable for any loss or damage of any kind arising from the use of third-party content. Links and access to these sites are provided solely for the user's convenience.


FIRST PARAGRAPH. The establishment of a link to the website of another company, entity, or program does not necessarily imply the existence of a relationship between THE CONTROLLER and the owner of the linked website or web page, nor the acceptance or approval of its contents or services. Those who intend to establish a link must ensure that it only allows access to the home page of the website.


SECOND PARAGRAPH. Likewise, they must refrain from making false, inaccurate, or incorrect statements or indications about THE CONTROLLER or from including content that is unlawful or contrary to good customs and public order.


SECTION 16.02 – RESTRICTION. Likewise, THE CONTROLLER is not responsible for information located outside its WEBSITE and not directly managed by its administrator. The links appearing on the WEBSITE are intended to inform the user of the existence of other sources that may expand on the content offered by the WEBSITE, or that are related to it. THE CONTROLLER does not guarantee or assume responsibility for the operation or accessibility of the linked websites; nor does it suggest, invite, or recommend visiting them, and therefore will not be responsible for the results obtained.


SECTION 16.03 – CYBERSECURITY. THE CONTROLLER is not liable under any circumstances for attacks or incidents against the security of its THE CONTROLLER or its information systems, or for any unauthorized, fraudulent, or illicit exposure or access to its THE CONTROLLER that may affect the confidentiality, integrity, or authenticity of the information published or associated with the content and services offered therein.


CLAUSE 17°

AVAILABILITY OF INFORMATION


THE CONTROLLER does not guarantee the operation of the communications network and therefore assumes no responsibility for the availability of this WEBSITE . The server may be disconnected without prior notice. THE CONTROLLER will do everything necessary to minimize the impact of maintenance work.


CLAUSE 18°

RESPONSIBILITY FOR THE INFORMATION CONTAINED


THE CONTROLLER does not control or guarantee the absence of viruses or other elements in the content that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer system.


Consequently, THE CONTROLLER shall not be liable for any damage caused by any alteration made to the materials or download files supplied directly by the entity.


CLAUSE 19°

USERNAME AND PASSWORD


The User undertakes to keep his or her personal access code to the WEBSITE confidential and with the utmost diligence .


Corporate clients of THE CONTROLLER or its business partners will have access to special access accounts.


CLAUSE 20°

DISPUTE SETTLEMENT


All disputes and/or claims that may arise from the business relationship, as well as from the use of the WEBSITE, imply acceptance and submission to the legislation of the Republic of Colombia and will be resolved by the competent courts at the address of THE CONTROLLER.


CLAUSE 21°

APPLICABLE REGULATIONS


These Terms and Conditions, the contract, and the legal relationships arising therefrom shall be governed by the applicable laws of the Republic of Colombia.


CLAUSE 21°

SOURCE OF FUNDS


Users of the WEBSITE declare that their income comes from lawful activities and that they are not listed negatively on national or international anti-money laundering lists, nor do they fall into any category of money laundering. Consequently, they agree to be liable to the other party for all damages that may be caused as a result of this statement not being true. In accordance with the foregoing, the inclusion of either party, its shareholders, or its legal representatives on the lists of OFAC or any local, foreign, or international authority as suspected of money laundering activities will be just cause to terminate the contract. Likewise, the party whose statement is contrary to reality, or whose inclusion on the annotated lists, will be liable to the other party for any damages caused to the complying party.


For all intents and purposes, "money laundering" is the set of procedures used to change the identity of illegally obtained money so that it appears to have been obtained from legitimate sources. These procedures include concealing the true origin and ownership of the funds.


CLAUSE 22°

CONTACT INFORMATION


If you have any questions, clarifications, or comments regarding the content of this Website , we invite you to post your comments in our "Contact Us" section or through any of the following channels:


  1. Email: sales@cafeenigma.com


  1. Phone: 3113392002


  1. Main address: 49th Street North 5th Street No. 80