Table of Contents

General Conditions of imaginawp.com

These Conditions regulate

  • the use of this Web Site, and,
  • any other related Contract or legal relationship entered into with the Registrant

in a legally binding manner. Capitalized words are defined in the specific corresponding section of this document.

Users should read this document carefully.

This Web Site is provided by:

IMAGINA LA WEB SAS.
Manizales – Colombia

Holder’s contact e-mail: [email protected]

What the User should know at a glance

  • This Web Site employs automatic renewal for subscriptions to Products. Information on (a) the renewal period, (b) details on cancellation, and (c) notice of cancellation can be found in the relevant section of these Terms.
  • The right of withdrawal is only applicable to European Consumers. The right of withdrawal, also referred to in this document as the “right of cancellation” in the United Kingdom, will be referred to as the “right of withdrawal”.
  • Please note that certain provisions of these Terms and Conditions are only applicable to certain categories of Users. In particular, certain provisions shall only apply to Consumers or to Users who do not fall into the category of Consumers. Such limitations are always expressly mentioned in each of the clauses to which they refer. In the absence of any such mention, the clauses shall apply to all Users.

TERMS AND CONDITIONS OF USE

Unless otherwise stated, the terms of use detailed in this section shall apply generally to the use of this Web Site.

In specific situations, individual or additional conditions of use or access may apply and in such cases they will be additionally indicated in this document.

By using this Web Site, Users confirm that they meet the following requirements.

  • There are no restrictions regarding Users in the sense of whether they are Consumers or Professional Users;

Account registration

To use the Service, Users must register or create a User account, providing all required data or information in a complete and reliable manner.
Failure to do so will result in the Service being unavailable.

Users are responsible for the safekeeping of their access credentials with guarantees of confidentiality and security. For this reason, Users must also choose passwords that meet the highest standards of strength allowed by this Web Page.

By registering, Users agree to assume full responsibility for all activities that take place under their user name and password.
Users must inform the Owner immediately and unambiguously, using the contact information provided herein, if they believe that their personal information, including but not limited to User accounts, login credentials or personal data, has been compromised, improperly disclosed or stolen.

Account cancellation

Users may cancel their accounts and stop using the Service at any time as follows:

  • By contacting the Holder directly through the contact details provided herein.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without notice, if it deems them inappropriate, offensive or in breach of these Terms.

Suspension or deletion of User accounts shall not entitle Users to claim any compensation, damages or reimbursement.

Suspension or deletion of accounts due to causes attributable to the User shall not exempt such User from paying the applicable fees or prices.

Content on this Web Page

Unless otherwise specified or clearly recognizable, all content available on this Web Site is the property of the Owner or is provided by the Owner or its licensors.

The Proprietor undertakes to act with the utmost diligence to ensure that the content provided on this Website does not infringe any legal provision or violate the rights of third parties. However, it will not always be possible to achieve this objective.
In such cases, without prejudice to the legal prerogatives available to Users to enforce their rights, Users are requested to communicate complaints in this regard using the contact details provided herein.

Rights relating to the contents of this Web Site

The Proprietor reserves all intellectual property rights over all such content.

Accordingly, Users may not use such content in ways that are not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works of the content available on this Website, nor allow any third party to do so through the User or its device, even without the User’s knowledge.

Where expressly stated in this Web Page, the User may download, copy and/or share any content available through this Web Page solely for personal and non-commercial use and provided that the copyright acknowledgements and all other acknowledgements requested by the Proprietor are properly made.

Limitations or exceptions to copyright established by law shall not be affected.

Access to external resources

Through this Web Page, Users may access external resources provided by third parties. Users acknowledge and accept that the Proprietor has no control over such resources and therefore is not responsible for their content and availability.

The terms and conditions applicable to resources provided by third parties, including those applicable to any potential grant of rights in the content, are derived from the terms and conditions of such third parties or, in the absence of such terms and conditions, from applicable law.

Acceptable uses

This Web Site and the Service may only be used within the scope for which they are provided, subject to these Terms and Conditions and applicable law.

Users shall be solely responsible for ensuring that their use of this Web Site and/or the Service does not violate any law or regulation or infringe any third party rights.

Consequently, the Proprietor reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Website or the Service, terminating contracts, reporting inappropriate conduct carried out through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users perform or are suspected of having performed any of the following activities:

  • Violations of laws, regulations and/or these Conditions;
  • Infringement of third party rights;
  • Cause considerable damage to the legitimate interests of the Holder;
  • Offend the Holder or any third party.

Software license

The software embedded in or related to this Web Site is provided under a “some rights reserved” license.

This means that Users are granted broad rights, including, but not limited to, the rights to use, execute, copy or distribute the software, to the extent determined by such license.

The terms of such license shall always prevail over contrary, divergent or incompatible provisions of these Terms and Conditions.

In particular, this Web Site and/or related software is provided under a GNU GPLv3 license, which allows Users to access and use the source code of the software.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products provided on this Web Site, as part of the Service, are provided for a fee.

The rates, duration and conditions applicable to the purchase of such Products are described below and in the specific sections of this Web Site.

Product description

The prices, descriptions or availability of the Products are detailed in the corresponding sections of this Web Site and may be subject to change without notice.

Although the Products on this Web Site are presented as faithfully as technically possible, the representation on this Web Site by any means (including, as applicable, graphical materials, images, colors or sounds) are intended for reference purposes only and do not imply any warranty as to the characteristics of the Product purchased.

The characteristics of the chosen Product will be described during the purchase process.

Purchasing process

All the steps taken from the selection of a Product to the shipment of the order are part of the purchase process.

The purchase process includes the following steps:

  • Users must choose the Product they want and check their purchase selection.
  • After having reviewed the information shown in the purchase selection, Users will be able to place the order by sending it.

Order shipment

When Users place an order, the following clauses apply:

  • The placing of an order determines the conclusion of the contract and, therefore, obliges the User to pay the price, taxes and all possible commissions and additional expenses, as indicated on the order page.
  • In the event that the Product purchased requires an active intervention by the User, such as providing personal information or data, specifications or special wishes, the placing of the order shall oblige the User to cooperate in this regard.
  • Once the order has been placed, Users will receive a voucher confirming receipt of the order.

All notifications relating to the purchase process described above will be sent to the e-mail address provided by the User for this purpose.

Prices

Users will be informed, during the purchase process and prior to shipment of the order, of all commissions, fees and costs (including, if applicable, shipping costs) to be paid.

The prices on this Web Page are shown:

  • either including or excluding all applicable commissions, fees and costs, depending on the section being consulted by the User.

Offers and discounts

The Holder may offer discounts or make special offers for the purchase of Products. All such offers or discounts shall in all cases be subject to the eligibility criteria and terms and conditions set forth in the relevant section of this Website.

Offers and discounts are always granted at the Holder’s sole discretion.

Repeated or recurring offers or discounts shall not create any action or right that Users may exercise in the future.

On a case-by-case basis, discounts or offers will only be valid for a limited time or while stocks last. If an offer or discount is limited in time, the time parameters shall refer to the time zone of the Holder, as indicated in the Holder’s location data herein, unless otherwise stated.

Coupons

Offers or discounts may be based on Coupons.

In the event of a breach of the conditions applicable to the Coupons, the Holder may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions set forth below, any additional or divergent rules applicable to the use of the Coupon that appear on the corresponding information page or on the Coupon itself shall prevail in all cases.

Unless otherwise stated, the following rules shall apply to the use of Coupons:

  • Each Coupon will be valid only when used in the manner and within the time period specified on the website and/or on the Coupon;
  • Only one Coupon may be applied, in its entirety, at the time of purchase – no partial use is permitted;
  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied on a single occasion even in cases where they relate to purchases based on installment payments;
  • Coupons may not be applied cumulatively;
  • Coupons may be redeemed only within the period specified in the offer. After this period, the Coupon will automatically expire, preventing any possibility for the User to claim the corresponding rights, including their redemption for cash;
  • Users shall not be entitled to any credit/refund/compensation in the event of a difference between the Coupon value and the redeemed value;
  • The Coupons are intended for non-commercial use only. Any reproduction, counterfeiting and marketing of the Coupons, along with any illegal activity related to the purchase and/or use of the Coupons is strictly prohibited.

Methods of payment

Information regarding accepted payment methods will be provided during the purchase process.

Some payment methods will only be available subject to additional conditions or fees. In such cases, information regarding these may be found in the specific section of this Web Page.

All payments are processed independently through third party services. Therefore, this Web Site does not collect any payment information – such as credit card details – but only receives a notification once payment has been successfully completed.

If the payment through the available methods fails or is denied by the payment service provider, the Holder shall have no obligation to execute the purchase order. All possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Authorization for future payments through PayPal

If Users authorize PayPal functionality that allows future payments, this Website will store an identification code linked to the User’s PayPal account. This will authorize this Website to automatically process payments for future purchases or for periodic installment payments for past purchases.

You may revoke this authorization at any time, either by contacting the Holder or by modifying the user settings offered by PayPal.

Reservation of title to the Product

Until the Holder has received full payment of the purchase price, the User shall not acquire ownership of the Products ordered.

Retention of rights of use

Users shall not acquire any right to use the purchased Product until the Holder has received the purchase price in full.

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on this Web Site will be delivered by download to the device or devices chosen by the User.

Users acknowledge and agree that in order to download and/or use the Product, the device or devices on which it is intended to do so and their respective software (including operating systems) must be legal, commonly used, up-to-date and compatible with current market standards.

Users acknowledge and agree that the ability to download the purchased Product may be limited in time and space.

Provision of services

The contracted service will be rendered or provided within the time period specified on this Web Site or as communicated prior to shipment of the order.

Duration of contract

Subscriptions

Subscriptions allow Users to receive a Product on a continuous or periodic basis over a specified period of time.

Paid subscriptions will commence on the day the Holder receives payment.

In order to maintain subscriptions, Users must pay the required periodic fee within the established term. Failure to do so may result in service interruptions.

Fixed-term subscriptions

Paid term subscriptions shall commence on the day payment is received by the Holder and shall continue in effect for the subscription period chosen by the User or otherwise specified during the purchase process.

Once the subscription period expires, the Product will no longer be accessible, unless the User renews the subscription by paying the corresponding fee.

Term subscriptions may not be terminated early and will continue until the expiration of the subscription term.

Automatic renewal

Subscriptions will be automatically renewed through the payment method chosen by the User during the purchase, unless the User cancels the subscription within the resolution periods indicated in the corresponding section of these Terms and/or this Web Site.

The renewed subscription will have the same duration as the original term.

Users will receive a reminder of the impending renewal with reasonable notice, detailing the procedure to follow to cancel the automatic renewal.

Cancellation

Recurring subscriptions may be cancelled at any time by sending the Holder a clear and unequivocal cancellation notice using the contact details indicated herein, or – if applicable – using the corresponding controls within this Website.

Notification of cancellation

If the Holder receives notice of cancellation prior to the renewal of the subscription, the cancellation will be effective as soon as the current period ends.

User Rights

Right of withdrawal

Unless an exception applies, Users may withdraw from the contract within the period indicated below (generally 14 days), for any reason and without justification. Users may obtain further information on the conditions of withdrawal in this section.

To whom is the right of withdrawal applicable?

Unless an applicable exception is mentioned below, Users who are European Consumers enjoy a statutory right of cancellation under EU law, which allows them to withdraw from contracts concluded online (distance contracts) within the specified period applicable to them, for any reason and without justification.

Users who do not fall into this category will not be able to enjoy the rights described in this section.

Exercising the right of withdrawal

To exercise the right of withdrawal, Users must send to the Holder an unequivocal statement of their intention to withdraw from the contract.

For this purpose, Users may use the model withdrawal form provided in the “definitions” section of this document. However, Users are free to express their intention to withdraw from the contract by making an unequivocal statement in any other appropriate manner. In order to meet the deadline within which this right must be exercised, Users must send the notice of withdrawal before the withdrawal period expires.

When does the withdrawal period end?

  • With regard to the contracting of a service, the withdrawal period shall expire 14 days from the day on which the contract is concluded, unless the User has waived his right of withdrawal.
  • In the case of the acquisition of digital content not supplied on a material medium, the withdrawal period shall expire 14 days from the day on which the contract is concluded, unless the User has waived his right of withdrawal.

Effects of withdrawal

The Holder shall reimburse Users who properly withdraw from a contract for all payments made to the Holder, including, if applicable, those used to cover shipping costs.

However, additional costs arising from the choice of a particular shipping method other than the least expensive standard shipping method offered by the Holder will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Holder is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, refunds shall be made using the same means of payment used to process the initial transaction. In any case, the User will not incur any costs or fees as a result of such reimbursement.

…on the contracting of services

When a User exercises the right of withdrawal after having requested that the service be provided before the expiration of the withdrawal period, the User shall pay to the Holder an amount that is proportional to the part of the service that has been provided.

Such payment shall be calculated on the basis of the rate agreed upon in the contract and shall be proportional to the part of the service that has been rendered up to the moment the User desists, as compared to the full coverage of the contract.

Warranties

Money-back guarantee for goods

Without prejudice to any applicable statutory rights, the Owner grants Users the right to cancel a purchase with which they are not satisfied, and to obtain a refund, within 15 days from the day of delivery of the purchased goods.

The Holder will refund the price of the purchased Product using the same payment method used in the original transaction.
In order to use this right, Users must send an unequivocal notification to the Holder. Although no reason is specified, Users are requested to specify the reason for exercising the money-back guarantee.

Within the same period set forth above, Users shall also return the purchased goods to the Proprietor at their own expense, ensuring that they are undamaged, clean and suitable for resale. The goods must be returned in their original packaging.
Upon receipt of the goods, the Proprietor shall check that all conditions applicable to the money-back guarantee are met and, if so, shall refund the purchase price.

Money-back guarantee for services

Without prejudice to the rights established by law that may be applicable, the Holder grants Users the right to cancel the contracting of a service with which they are not satisfied, and to obtain a refund, within a period of 15 days from the day on which the contract was concluded.

The Holder will refund the price of the purchased Product using the same payment method used in the original transaction.
In order to use this right, Users must send an unequivocal notification to the Holder. Although no reason is specified, Users are requested to specify the reason for exercising the money-back guarantee.

Upon receipt of such notification, the Proprietor shall verify that all conditions applicable to the money-back guarantee are met and, in such case, shall refund the purchase price. In such case, Users will no longer have access to the contracted service.

Liability and disclaimer

Australian users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any warranties, conditions, rights or remedies available to you under the Competition and Consumer Act 2010 (“Cth”) or any other laws of any State or Territory which cannot be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to you, including liability for breach of a non-excludable right and liability not otherwise excluded in these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or payment of the cost of re-performance of the services.

U.S. users

Exclusion of warranties

This Web Site is provided strictly in the state and under the conditions in which it is offered and as it is available. The use of the Service shall be at the User’s own risk. To the extent legally possible, the Owner expressly excludes all conditions, representations and warranties – whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Holder or through the Service shall give rise to any warranty not expressly set forth in these Terms.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location; that the Service will be uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service shall be downloaded at the sole risk of Users and Users shall be solely responsible for any damage to Users’ computer systems or mobile devices or loss of data that results from such download or use of the Service by Users.

The Registrant does not warrant, endorse or assume any responsibility for any product or service advertised or offered by a third party through the Service or any linked website or service, and the Registrant will not be a party to or in any way monitor any transaction between Users and third party providers of products or services.

The Service may be inaccessible or may not function properly with the User’s web browser, mobile device and/or operating system. The Proprietor shall not be liable for any alleged or actual damages arising from the content, operation or use of this Service.

Federal, state and other jurisdictions’ laws do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may have other rights, which vary from state to state. The disclaimers and exclusions under this Agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Registrant or its subsidiaries, affiliates, officers, directors, officers, agents, co-branders, partners, suppliers and employees be liable in respect of:

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with the use or inability to use the Service; and
  • any damages, loss or injury resulting from hacking, tampering or any other unauthorized access to or use of the Service or User’s account or the information contained therein;
  • any errors, mistakes or inaccuracies in the content;
  • personal injury or property damage of any nature resulting from the User’s access to or use of the Service;
  • any unauthorized access to or use of the Registrant’s secure servers and/or any personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any programming errors, viruses, Trojan horses or similar elements that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damages arising out of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
  • defamatory, offensive or illegal conduct of any User or third party. In no event shall the Holder or its subsidiaries, affiliated companies, officers, directors, managers, agents, co-brand owners, partners, suppliers or employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Holder under these Conditions in the previous 12 months, or in the term of this Agreement between the Holder and the User, being relevant the shorter of the two aforementioned terms.

This limitation of liability section shall apply to the fullest extent permitted by law in the relevant jurisdiction, regardless of whether the alleged liability is in contract, tort, negligence, strict liability or otherwise, even if the Holder has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages and, therefore, the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights and the User may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability under these Terms shall not apply to the extent prohibited by applicable law.

Exemption from liability

The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses, including, without limitation, legal fees and costs, arising out of:

  • the User’s use of or access to the Service, including any data or content transmitted or received by the User;
  • breach by the User of these Terms, including, without limitation, breach by the User of any of the representations and warranties set forth in these Terms,
  • the infringement by the User of any third party rights, including, but not limited to, any right to privacy or intellectual property rights;
  • the infringement by the User of any law, rule or regulation;
  • any content that is posted from the User’s account, including access by third parties using the User’s unique name, password or other unique security measures, if any, including, but not limited to, misleading, false or inaccurate information;
  • willful misconduct of the User; or
  • the infringement of any provision of law by the User or its affiliates, officers, directors, officers, agents, co-branders, partners, suppliers and employees to the fullest extent permitted by applicable law.

Common provisions

No waiver

Failure to exercise any right or to invoke any provision under these Terms shall not constitute a waiver of such right or such provision. No waiver shall be deemed to constitute a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible level of service, the Proprietor reserves the right to interrupt the Service for maintenance work, system upgrades or any other changes, adequately informing the Users.

Within the limits of the law, the Holder may also decide to suspend or cancel the Service altogether. If the Service is terminated, the Holder will cooperate with Users to allow them to remove Personal Data or information in accordance with applicable law.

In addition, the Service may be unavailable due to reasons beyond the reasonable control of the Registrant, such as “force majeure” (e.g. labor protests, infrastructure breakdowns or power outages, etc.).

Service Resale

Users shall not reproduce, duplicate, copy, sell, resell or exploit any part of this Web Site and its Service without the prior express written permission of the Owner, granted either directly or through a legitimate resale program.

Privacy Policy

For more information about the use of their Personal Data, Users may refer to the privacy policy of this Web Site.

Intellectual property rights

Notwithstanding any more specific provisions of these Terms, intellectual property rights, such as copyrights, rights derived from trademarks, patent rights and design rights relating to this Web Site are the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

All trademarks – whether word or graphic – and any other trademarks, trade names, service marks, word signs, illustrations, images or logos appearing in connection with this Web Site are and shall remain the exclusive property of the Proprietor or its licensors and are protected by applicable trademark laws and related international treaties.

Changes to these Conditions

The Proprietor reserves the right to change or otherwise modify these Terms at any time. In such cases, the Holder will adequately inform Users of such changes.

Such changes will only affect the relationship with Users going forward.

Continued use of the Service will indicate acceptance by Users of the modified Terms. If Users do not wish to be bound by these changes, they must cease using the Service. Failure to accept the modified Terms shall entitle either party to terminate the Agreement.

The applicable prior version will govern the relationship prior to User acceptance. Users may obtain any previous version from the Holder.

If required by applicable law, the Holder shall specify the date as of which the modified Terms shall become effective.

Assignment of the contract

The Proprietor reserves the right to transfer, assign, dispose by novation or subcontract any of the rights or obligations established under these Conditions, taking into account the legitimate interests of the Users.

The provisions relating to changes to these Conditions shall apply mutatis mutandis.

Users may not assign or transfer their rights or obligations under these Terms in any way, except with the written permission of the Owner.

Contact

All communications relating to the use of this Web Site should be sent using the contact details indicated in this document.

Possibility of separating a layout

In the event that any provision of these Conditions shall be declared or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

European Union users

In the event that any provision of these Conditions is void, invalid or unenforceable, or is declared as such, the parties shall use their best efforts to amicably agree upon valid and enforceable provisions to replace the void, invalid or unenforceable portions.
In the event that such an agreement cannot be reached, the void, invalid or unenforceable provisions shall be replaced by the applicable provisions established by law, if the applicable law so permits or so provides.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of a particular provision of these Conditions shall not invalidate the Contract as a whole, unless the provisions that are severed are essential to the Contract, or are of such importance that the parties would not have concluded the Contract if they had known that such provisions would be invalid, or in cases where the remaining provisions would give rise to unacceptable hardship for either party.

U.S. users

Any such invalid or unenforceable provisions shall be construed and modified to the extent reasonably necessary to make them valid, enforceable and consistent with the original intent.
These Terms constitute the entire Agreement between Users and Owner with respect to the subject matter hereof and supersede all other communications, including, without limitation, all prior agreements between the parties relating to the same subject matter.
These Terms shall be enforced to the fullest extent permitted by law.

Applicable Law

These Terms and Conditions are governed by the laws of the place where the Registrant has its registered office, as stated in the relevant section of this document, without regard to principles of conflicts of laws.

Exception for European Consumers

However, without prejudice to the foregoing, if the User falls into the category of European Consumer and has his habitual residence in a country whose law provides for higher standards of consumer protection, such higher standards shall prevail.

Jurisdiction

The exclusive jurisdiction to resolve any dispute arising out of or in connection with these Conditions shall be vested in the courts of the place where the registered office of the Holder is located, as indicated in the relevant section of this document.

Exception for European Consumers

The above provisions shall not apply to Users who fall into the category of European Consumers, nor to Consumers residing in Switzerland, Norway or Iceland.

Conflict resolution

Amicable dispute resolution

Users may raise any dispute with the Holder, who will try to resolve it amicably.

Although the right of Users to take legal action shall not be affected at any time, in the event of a dispute relating to the use of this Web Site or the Service, Users are requested to contact the Owner using the contact details indicated herein.

The User may formulate his/her complaint including a brief description and, if relevant, the order, purchase or account data to which it refers, by sending it to the e-mail address of the Holder specified herein.

The Holder shall process the complaint without undue delay and within 21 days of receipt.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolution that provides an out-of-court method for resolving any disputes related to or resulting from online sales and service contracts.

Consequently, any European Consumer may use this platform to resolve disputes arising from contracts concluded online. The platform is accessible via the following link.

Definitions and legal references

This Web Page (or this Application)

The property that allows the provision of the Service.

Contract

Any legal or contractually binding relationship established between the Holder and the User, governed by these Conditions.

Professional user

Any User who does not fall into the category of Consumer.

Coupon

Any code or voucher, whether in printed or electronic format, that allows the User to purchase a Product at a discounted price.

European (or Europe)

It is applicable when a User is physically present or has its registered office within the territory of the European Union, regardless of its nationality.

Model withdrawal form

*To the attention of:

IMAGINE THE WEB SAS. Manizales – Colombia
[email protected]

I/We hereby give notice of my/our intention to withdraw from my/our contract for the purchase/sale of the following goods/for the provision of the following service:.

_____________________________________________ (insert a description of the goods/services to which the corresponding waiver refers)

  • Ordered on: _____________________________________________ (insert date)
  • Received on: _____________________________________________ (insert date)
  • Name(s) of consumer(s):_____________________________________________
  • Consumer(s) address(es):_____________________________________________
  • Fecha: _____________________________________________

(sign if communicating this form in paper format)

Titleholder (or We)

Designates the natural or legal person who provides this Web Page and/or the Service to the Users.

Product

A good or service available for purchase or contracting through this Website, such as tangible goods, digital files, software, reservation services, etc.

The sale of Products may be part of the Service, as defined above.

Service

The service provided by this Web Site as described in these Terms and Conditions and on this Web Site.

Conditions

All provisions applicable to the use of this Web Site and/or the Service as described herein, including all other related documents or agreements and as updated from time to time.

User (or You)

Designates any natural or legal person who uses this Web Page.

Consumer

Any User who, being a natural person, accesses goods or services for his personal use, or more generally, who acts for purposes unrelated to his economic activity, business, trade or profession.

Last revision: December 18, 2020

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