TERMS & POLICIES

Please read the terms and conditions displayed before using myjacpack.com website. By using www.myjacpack.com website, you are deemed to have read the terms and conditions and be bound by them.

Through these Terms and Conditions, the company JACPACK S.A.S. (hereinafter “JACPACK”), as the proprietor of the electronic business platform (hereinafter “PLATFORM”) available at www.myjacpack.com, provides explanatory information about the platform and the regulations for its use and access.

The regulation applicable to these Terms and Conditions is the law of the Colombia, being this platform mainly addressed to residents located within the Colombian territory.

For effects of the information contained in these Terms and Conditions, “Users” shall be understood as the people who may create a user and a password to generate transactions on the platform with their own means. Without prejudice of the above, Users are, at least initially, the purchasers of Jacpack products who may use, as their means of purchase, goods on the online platform made available for you by Jacpack. The use of the platform requires prior acceptance of these Terms and Conditions and the acceptance of the Personal Data Management and Privacy Policy available on www.myjacpack.com; such contents are required for the regular operation of the platform. Any acceptance through the “I ACCEPT” button implies express and unequivocal statement of the knowledge, understanding, and total approval of the provisions above.

ENTRY AND VISIT TO THE PLATFORM.

The platform is a space made available by Jacpack in order to inquire and get knowledgeable of the company’s brand products, so that Users may acquire them through a remote sale on the platform. Hence, the User shall be bound to use the contents in a diligent, correct, and licit manner and the User specifically commits not to be involved in the following practices:

  1. To use the platform contents in a way contrary to the law, the ethics, and the generally accepted good customs or public order.
  2. To reproduce, copy, represent, publish, employ, distribute, transform or modify the platform contents or otherwise conduct disposal or exploitation actions against the contents through any procedure or against any total or partial support.
  3. To suppress, elude or manipulate the “copyrights” and all other intellectual property rights data owned by JACPACK S.A.S. or its holders which may be incorporated to the contents, as well as technical protection devices or any other information mechanisms which may include platform contents.
  4. To employ or use the contents and, specifically, any type of information obtained through the platform or the products to distribute, disclose, send, modify, reject or report publicity or contents of the platform with the purpose of making direct sales or other business purposes; to refrain from marketing or disclosing in any way such information and products which have been made available for the users within the Platform. Consequently, the User shall be entitled to download any material herein published exclusively for personal purposes but making relevant citation of sources.
  5. To employ the platform and products offered on the platform for illicit purposes contrary to provisions of these Terms and Conditions, regulations in force, Jacpack’s rights or third parties’ rights. Likewise, any use which may damage, destroy, overload or deteriorate the Platform or impede the regular use of the same by the Users is prohibited for damaging Jacpack’s rights or the interests of third parties or Jacpack or that may otherwise damage, destroy, overload or deteriorate the platform and the sale of Jacpack’s products or impede the regular use of the same and the sale of products by the Users.
  6. To use fraudulent information; to impersonate; to provide false or modified information for the creation of users and passwords intended to generate the purchase of products on Jacpack’s platform.

OUR PRICES AND OFFERS.

With respect to offers, some small color variations or other types of minor variations may occur on the offered products, resulting from the different image and display acquisition technologies or from other technical reasons. Jacpack does not take any responsibility for such variations and deviations.

Sale tax is not included in the price expressed within the platform information. Prices are expressed in USD. Jacpack reserves its right to make changes of prices and products before any order placed by you. Once the User has placed his order, Jacpack shall be bound to keep the purchase conditions set forth at the time the purchase was generated on the platform. Jacpack reserves its right to change, limit or terminate special offers at any time.

Jacpack charges shipping expenses. Shipping expenses may vary for each product and place and have been expressed in the purchase summary at the time of acquiring the product. Such shipping expenses shall be invoiced, when required, on an independent basis and shall be specified and add up to the total price of the order.

Products cannot be exchanged. Discounts with promotional or seasonal coupons are not cumulative among them or with products already applied with a discount at the online store.

DELIVERY.

Jacpack shall deliver your order at the exact address provided by you for such a purpose within the chosen territory as noted on your delivery address from the order form. Jacpack can only make the delivery at the exact address corresponding to the User’s domicile address or his/her place of work. Deliveries shall be made on business days, except for holidays. Any delivery shall be accompanied by an acknowledgment of receipt which shall be included in the invoice that will be delivered to the User at the time or receiving the order.

Each individual delivery of each order conducted by the User shall constitute an independent remote purchase-sale agreement. If Jacpack fails to deliver the order on time or any of the deliveries appears to be incorrect, that is, it does not match the products chosen by the User within the platform, this shall not entitle the User to cancel the order.

LEGALIZATION OF ORDERS.

After legalizing the order, Jacpack shall send the User an e-mail confirming the detailed information of the purchase, and an e-mail confirming the status of the order payment. Once payment has been confirmed, the User shall receive an e-mail with the confirmation of such payment and shall receive e-mail(s) by which the User shall be informed about the status of the shipping.

MEANS OF PAYMENT.

The platform allows the User to use an online transaction service (Placetopay) owned by a third party for processing such payments. When the User includes personal data for processing the payment, such as the credit card number, among others, the use and protection of such data shall be governed by the terms and conditions set forth by Placetopay. Jacpack shall not take any responsibility for the operation, functioning, availability, and/or security provided by Placetopay. Should you need further information about such service, please go to www.placetopay.com.

It should be expressed that the User, at the time of paying a purchase through Placetopay and after presenting the purchase summary during the sale process, shall leave Jacpack’s platform for a short period of time and then access it again when the User gets to know the payment status (rejected or approved). During this entire period, Placetopay´s conditions applicable to the payment transaction shall govern.

We don’t accept payments on a mobile or web app.

WARRANTIES, AND RIGHT OF REFUSAL.

When the User purchases a product at Jacpack’s online store available on the platform and wishes to make a return, for the following reasons:

Any return or exchange associated to the products delivered to the User with quality issues, defects or damages should be done by sending direct e-mail to amillan@myjacpack.com, and then a new tracking number will generate and the shipping company shall pick and send the product subject matter of such return or exchange.

REQUIREMENTS FOR WARRANTY CLAIMS.

  • Send an e-mail to amillan@myjacpack.com, enclosing relevant invoice, pictures of the defect and expressing the case.
  • Warranty claims are made per product, subject to availability of the product in stock.
  • Jacpack reserves its right to accept changes with prior analysis of the product, by checking the status of the product (under the conditions expressed above).

All shipping expenses for returns on warranty exchanges shall be borne by Jacpack.

Jacpack takes responsibility for lost or damaged items during the return transportation.

If the Customer has lost the relevant invoice, he can request a copy by e-mail to amillan@myjacpack.com.

CANCELLATION OF ORDERS.

Jacpack will accept any cancellation of orders by the User, only and exclusively when such cancellation has been requested by e-mail within 24 hours after having made the relevant purchase or if the order has not been shipped.

REFUND OF PAYMENTS ON THE PLATFORM.

  • Refunds of purchases made by PSE. This process requires the submission of a bank certification confirming that the account where the refund will be made is the account of the customer; such document should be sent by e-mail to amillan@myjacpack.com.
  • Refunds to credit cards need to be requested via e-mail: amillan@myjacpack.com. This may take up to 10-15 business days to show up on your credit card statement.
  • Jacpack will refund using the same method of payment originally used at time of order.

CONTACT OPTIONS IN CASE OF PAYMENT DIFFICULTIES ON THE PLATFORM.

Should you have any questions, complaints, claims or requests, please contact Jacpack by e-mail: amillan@myjacpack.com.

RESERVE OF OWNERSHIP RIGHTS.

Products provided shall remain the exclusive property of Jacpack until the User has totally paid all the charges due in virtue of any remote purchase-sale agreement subscribed with us, including payment of shipping costs and all other expenses associated to the online purchase-sale agreement.

MAINTENANCE OF PRODUCTS.

Jacpack wishes to advise the User about the washing and maintenance instructions printed on the product labels. Jacpack shall not take any responsibility for damages resulting from the improper handling and use of the products, including the use of incorrect maintenance methods.

SAFETY.

Jacpack offers the highest security standards commercially available in the market. Besides, the payment process operates over a safe server by employing relevant protocol. The safe server sets a connection in such a way that the information is transmitted on an encrypted manner through 128-bit algorithms which assure that such information may only be intelligible for the Customer’s computer and the platform.

Hence, the following is assured by employing the SSL protocol:

  1. The User will be transmitting his data directly to the Jacpack’s server and not to any other type of server.
  2. Data are transmitted encrypted between the User and Jacpack’s server, thus avoiding a potential reading or manipulation by third parties. Likewise, Jacpack does not have any access to confidential data relating to the way of payment employed by the User within the Placetopay platform; therefore, Jacpack does not store the same. Therefore, it is clear that while the User is navigating within the platform, these Terms and Conditions and Jacpack’s Personal Data Management and Privacy Policy shall apply. Whenever the User is making any payment within the Placetopay platform, the User shall take into consideration such Terms and Conditions and Personal Data Management and Privacy Policy of the payment platform and not Jacpack’s texts.

MODIFICATION AND UPDATE OF TERMS AND CONDITIONS.

Due to technical needs, Jacpack shall, at its own discretion, be entitled to modify, update, add up, and/or eliminate functions, services, and contents of the platform, including these terms and conditions, at any time and without prior notice to the Users, provided that such modifications, updates or eliminations do not affect the normal operation or purposes of the platform.

Jacpack shall be entitled to directly and unilaterally modify at any time the content of Terms and Conditions. If such modifications imply significant changes, Jacpack shall notify it on a timely basis to the Users by e-mail, written communications or by directly publishing such changes on the platform. Jacpack shall, at its sole discretion, choose the means by which such notifications shall be made.

HABEAS DATA.

According to provisions of Federal Privacy Commissioner, and other supplementary regulations, Jacpack herein takes responsibility for the responsible treatment of personal data. Consequently, Jacpack shall collect, store, and treat the Users’ personal data only for the development of business activities and the selling of its products at its chain of stores or online channels or at promotional events, among others. Hence, the Users of the platform shall be entitled to have access to the Personal Data Management and Privacy Policy available at www.myjacpack.com to know purposes, rights, and duties associated to the management of their personal data by Jacpack as the responsible entity.

Should you have any question concerning the management of the User’s personal data, please e-mail us to amillan@myjacpack.com.

VALIDITY.

If a competent authority may determine that any of the provisions of these Terms and Conditions becomes illegal, void or invalid, such provision shall be eliminated and such elimination shall not affect the validity of remaining clauses.

APPLICABLE LAW; DISPUTES AND QUESTIONS, COMPLAINTS, AND CLAIMS.

Terms and Conditions, as well as any other contractual document which may result from the platform, shall be governed by the laws of Colombia. If any controversy arises associated to the Users and their interaction with the platform, such controversy shall be settled by relevant Colombian judicial authorities through relevant mechanisms intended to settle this type of conflicts, such as a conciliation process. Content of platform and these Terms and Conditions are totally intended to provide accurate, sufficient, timely, and suitable information with respect to the services offered as an e-mail platform, always subject to relevant limitations and restrictions set forth for this kind of services.

Should you need to file any petition, complaint, or claim, please e-mail us at: amillan@myjacpack.com, expressing in a clear manner the following:

  1. Your full name
  2. Your identification number
  3. The grounds of your petition, complaint or claim
  4. Other aspects which may be relevant for giving an effective response for the exercise of your rights
  5. Other elements as requested by the portal’s contact person who received your inquiries.

JACPACK’S DOMICILE.

For effects of the platform, Jacpack’s domicile is Cra 27b # 27 sur 40, C.P. 055420 Envigado – Antioquia – Colombia

PRIVACY POLICY

This privacy policy tells you what information we collect on our websites and how we use it. If you choose to visit JACPACK’s website, you agree to the terms of it. This means that JACPACK receives the information and saves it in an appropriate and secure way. However, the titulars can look up the information and make the relevant updating as needed and/or request to be deleted. The information is collected, processed and used in accordance with current laws.

Therefore, JACPACK collects and stores personal information, like name, email, ID, address and phone number, related to the titular in order to consult, process and use, only and exclusively if the titular decides on their own will and voluntarily to provide the information and give their consent concerning it. All the information supplied by the titulars in a voluntary way is part of a database ¨ that is governed by the law of Colombia.

The data is collected to develop and execute the social objective and the ordinary turns of business of the company and the fulfillment of all legal orders, contractual compromises or contractual business.

The information we collect will be saved in Alegra´s Server our Invoicing and Accounting Software.

Before saving or managing personal data, JACPACK meets the following requirements:

  1. The titular must give explicit authorization to such process, except the cases that by law are not required to grant such information.
  2. In the case that the titular is fiscally disabled or juridically disabled, the legal agents have to grant the authorization.
  3. State the reasons to the titular for which this data will be used and state the limits of that particular treaty.

The databases have the purpose of using the data for an introduction of the service offered by JACPACK, and also to strengthen the commercial communication channels to benefit the titulars.

Information provided at any sites that we host or manage may be shared with the owner(s) of such site(s). As with other third parties, we are not responsible for how the owner(s) handle the data once they receive it. When we have co-branded or sponsored services, when we host a site, or when we join with other parties to provide specific services, we may share (provide and receive) your personal information with them. By visiting these sites, you affirmatively consent to our collection, use and distribution of your data.

We may share your information with other third parties with whom we have business relationships and, in some cases, we cannot control or know their privacy practices. By visiting our sites, you affirmatively consent to our collection, use, and distribution of your data.

Other than as set forth in this policy, we do not share your personally identifiable information with other companies, apart from those acting as our agents in providing our service to you, and which agree to use it only for that purpose and to keep the information secure and confidential. Also, please be aware that our business units, subsidiaries, affiliates and sites, and entities into which our companies may be merged, or entities to which any of our assets, products, sites or operations may be transferred, may obtain from us and be able to use your personal information. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission.

We may share (provide and receive) aggregate information, which is not personally identifiable, with others. This information may include demographic data such as the gender and/or geographic location of groups of users, but it will not include personal information (such as your name or email address). We use aggregate demographic information about our audience in order to improve our service, for research purposes, marketing/promotional purposes and/or for industry reporting purposes, among others.

By accepting this privacy policy, you expressly choose to receive certain communications from us and third parties, and you expressly agree to the privacy practices described herein. Our sites may also provide you with additional specific opportunities to select communications you wish to receive. You may change your privacy preferences, e.g. choose to cease receiving certain communications, by informing us of your new preferences. We will be able to honor your new preferences most quickly if you inform us of them by following the appropriate instructions in any communication you receive from us. Please be aware that messages you receive from us through SMS and instant messaging systems (and other systems apart from email) may not include an option to cease receiving communications; to change your privacy preferences with respect to those communications, please go to the profile page at the site where you provided your personal information or direct your instructions to the privacy contact identified at the end of this policy

If you have any questions about our privacy practices, please feel free to contact Customer Service Department at:

Email: amillan@myjacpack.com

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