LEGAL TERMS AND GENERAL CONDITIONS OF USE OF THE WEBSITE
www.cpsbiotech.com
FIRST: GENERALITIES.
This document, prepared on January 4, 2021, regulates the general terms and conditions applicable to the access and use that the User will make of the Website: www.cpsbiotech.com (hereinafter “CPS BIOTECH”, “www.cpsbiotech. com” or “the Website” indistinctly), as well as any type of information, content, image, video, audio or other material communicated or present on the Website.
For the purposes of this document, “Website” will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, “Contents”) and all those services or online memories that, where appropriate, are offered to users (hereinafter, “Services”).
CPS BIOTECH reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Content and Services that may be included in it. The User acknowledges and accepts that at any time CPS BIOTECH may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
The access and use of the website and the related or annexed content, described in this document, will be fully governed by the laws of the Republic of Chile. Therefore, the visits, as well as the possible contracts or transactions that the user carries out on the platform that represents the website, as well as the legal effects that these may have, are subject to the laws and the jurisdiction of the courts of justice. of the Republic of Chile. Of particular importance are the application of Law No. 19,628 on Personal Data Protection and Law No. 19,496 on Consumer Rights.
Additionally, this website and its contents, as well as the transactions that could be carried out on it, are intended for all types of users, regardless of their nationality and place of residence, as soon as there is primacy regarding the application of the Chilean legislation for specific cases.
In addition to these General Terms and Conditions, the Website has a Privacy Policy that describes the way in which the information and personal data of the User is processed when they visit the Website, as well as the way in which they are used and stored. the cookies.
Para mayor información, visite la Política de Privacidad contenida en el Sitio Web, la cual se encuentra contenida en el siguiente enlace: https://www.cpsbiotech.com/wp-content/uploads/2021/02/Politica-de-Privacidad.pdf.
By accessing the Website, the User declares to be aware of the Privacy Policy.
Additionally, www.cpsbiotech.com fully adheres to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce.
The user is recommended to carefully read the content of these General Terms and Conditions of Use, as well as print and keep a copy of them on a local storage drive, or portable storage, for their convenience and security.
SECOND.- INFORMATION ON THE WEBSITE www.cpsbiotech.com.
CPS BIOTECH is owned by Comercial Algas Chilenas del Pacífico Limitada, RUT: 76.445.635-1; Duly represented by Mr. Marco Antonio Abufarhue Bustos, who holds the following position: General Manager, National Identity Card number: 8.148.056-7. His legal capacity to act on behalf of CPS BIOTECH is recorded in a public deed dated November 17, 2014, which was executed in the notary public of Mr. Atilio Enrique Araya Navea.
Additionally, for the purposes of any type of communication, presentation, query or claim related to the use or operation of the Website, or with the contracts and transactions that have been carried out, CPS BIOTECH will receive all types of communications by email: contact @cpsbiotech.com, as well as the telephone number: +56933257701, which will only be available for purposes of Customer Service functions. Comercial Algas Chilenas del Pacífico Limitada, is domiciled for these purposes at Los Notros 449, commune of Talcahuano.
The Website also has a customer service, before which different presentations or claims related to the use or access to the page can be asserted, as well as with the businesses and transactions carried out on the website, which can be contacted at the email address contacto@cpsbiotech.com, at the telephone number +56933257701 or at the offices located at Los Acacios 380, Sector La Palma, Quillota commune.
THIRD.- USER.
Access to this Website, browsing and use thereof, as well as any space enabled for interactions between Users, or between it and the Website (comment sections, blogging and micro blogging spaces, and extensions intended for this function) , will confer to people the condition of “User”. Therefore, it is understood to accept the Terms and Conditions Present in this document from the moment of accessing the Website or its contents, as well as all types of future modifications made to the Terms and Conditions, without prejudice to what could be establish future legislation enacted in the Republic of Chile intended to regulate this class of documents, or that would be applicable to the use of Websites.
Additionally, access to the Website by the User will be free and free of charge, without the User having to pay to access the site or its contents, beyond the cost of the internet connection, in the corresponding cases.
User Registration.
It will be a necessary requirement for the use of the Website, as well as to carry out transactions and acquire products offered in this way, the acceptance of these Terms and Conditions at the time of registration by the User. Additionally, the User must designate an access key or password.
These Terms and Conditions will be understood to be known and accepted by the mere fact of registering the User, an act in which an express statement by the User regarding knowledge of these conditions of use will be included.
The registration of each User will be verified by completing and subscribing the form that for these purposes will be provided by the Website, as well as its subsequent sending, which will be specified by clicking the User on the respective element within the Site. Web.
Secret password.
Once registered, the User will have at their disposal a username and a password or secret key, by means of which they will not only be able to enter the Website and have access to its contents, but also a personalized, confidential and secure access. The User will have the possibility of changing their password or secret key, for which there will be a regulated procedure within the Website and its structure.
The User fully assumes his responsibility for maintaining the confidentiality of his password or secret key registered on the Website. Said password or key is for personal use, so its voluntary delivery to third parties by the User does not entail any type of responsibility on the part of CPS BIOTECH, nor of its affiliates and representatives, in case of malicious use.
Responsibility of the Users.
CPS BIOTECH provides the User with a service characterized by the diversity of the content provided. The User assumes his responsibility when entering the Website, to make a correct use of it and its contents. Thus, this responsibility will extend, in a non-exhaustive manner, to:
a.- Use the information, Content and/or Services and data offered by CPS BIOTECH, without being contrary to these Terms and Conditions, as well as the Chilean Legal System and Morals and Public Order, or that in any other way could lead to the violation of rights of third parties, or the normal functioning and operations of the Website.
b.- The veracity and legality of the data and information provided by the User in the registration forms on the Website. In any case, the User shall immediately notify CPS BIOTECH of any fact related to the improper use of information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to its immediate cancellation.
CPS BIOTECH reserves the right to withdraw all those comments and interactions emanating from Users that violate the law, respect for the dignity of the person, that are discriminatory based on race, nationality, sex, sexual orientation, race or condition, as well as as well as those that contain pornographic content or that constitute messages known as "spam", or that threaten youth or childhood, order, or public safety or that, in the opinion of CPS BIOTECH, are not appropriate for the Website.
In any case, CPS BIOTECH is not responsible for the opinions, of any kind, issued by Users through comments or blogging or microblogging tools or extensions.
Simple access to www.cpsbiotech.com does not imply a commercial relationship between CPS BIOTECH and the User.
Legal capacity.
The User declares to be of legal age and, therefore, to have the necessary and sufficient legal capacity to be bound by these Terms and Conditions. Therefore, CPS BIOTECH does not target minors, declining any responsibility for non-compliance with this requirement.
Even so, the legal rules of capacity established in the legal system will govern in all those cases where their application is pertinent. Therefore, if a person does not have the legal capacity to contract, he must refrain from using the Content and Services that require this capacity. CPS BIOTECH may, at any time, temporarily or permanently, suspend the participation of users who are found to lack legal capacity to use the Services and Content that require it, or who provide false, inaccurate or fraudulent information to the Website.
The Website www.cpsbiotech.com is mainly aimed at Users residing in the Republic of Chile. CPS BIOTECH does not guarantee that the Website complies, partially or totally, with the laws of other countries. If the User resides or is domiciled in a foreign country, and decides to access and/or browse this Website, they will do so at their own risk, ensuring that such access and browsing complies with the provisions of the local legislation that is applicable. , not assuming CPS BIOTECH any responsibility that may derive from such access.
FOURTH.- RIGHTS AND GUARANTEES OF THE SITE USER.
The User will enjoy all the rights recognized by the legislation on consumer protection in force in Chile, in addition to the rights granted by these Terms and Conditions. In addition, the User will have at all times the rights of information, rectification and cancellation of personal data in accordance with Law No. 19,628 on personal data protection.
Returns & Exchanges.
If the purchased product does not satisfy the User, the User may change or return it within a period of up to 30 days after the date it was received, at any CPS BIOTECH branch, or if it was delivered to the address, CPS BIOTECH may go to look for it, and the User must pay only the value of the transport, which will be the same as that of the dispatch.
In order to make the return or exchange, it is necessary that the product is unused, with all its accessories and original packaging or packaging. For the exchange or return, the ticket, dispatch guide, exchange ticket, or any other proof of having made the purchase must be presented.
This guarantee does not apply to products that have been made to measure or requested by the User. In the case of used, opened, second selection or defective products, CPS BIOTECH will inform of their due status, providing all the related information. If the User agrees to buy them under knowledge of this situation, and taking into consideration a reduced price, the exchange or return will not be applicable.
In the event of a refund, CPS BIOTECH will make a payment in the means of payment that the User would have used, within a period not exceeding 94 hours, after the refund has been approved, which will be duly informed to the User by email. that he had provided, or through some other additional means of communication.
Right of Withdrawal.
The User will have a period of 10 days to terminate the contract entered into by electronic means from the time he receives the product, or from the time he contracts the Service, before it is provided or has access to Content.
The exercise of this right must use the same means used to conclude the contract, and provided that CPS BIOTECH had sent a communication to the User, informing the perfection of the contract and delivering a copy of it, as well as clear and unequivocal access to the Terms and Conditions. General, as well as the possibility of keeping or printing said documents.
In the event that CPS BIOTECH has not fully complied with what is established in the previous paragraphs of this section, the term that the User has to terminate the contract will be extended to 90 days.
This right may not be exercised when the property, the subject of the contract, has deteriorated due to an act attributable to the User.
If the good or Service was obtained through a credit, it will be without effect, but the interests will be charged to the User when it has been granted by a third party.
CPS BIOTECH will be obliged to return the sums paid, without withholding expenses, as soon as possible and, in any case, within 45 days of the communication of the withdrawal. The User must return in good condition the packaging elements, the user manuals, boxes, protection elements and any other complementary element that came with the good.
Legal Guarantees.
In case the product does not have the informed or advertised characteristics, if it has any type of damage or is missing a component, it can be changed immediately. If there are faults or defects within 3 months from the date of receipt, the User can opt for free repair or, after restitution, its exchange or the return of the price paid, provided that the damage or deterioration was not caused by User's fault. The return can be made at any branch or office of CPS BIOTECH, or at a place agreed with a representative of the Website.
If it were a product that has a manufacturer's guarantee, the term of that guarantee will be applied, if it is greater than the 3-month term contemplated in the previous paragraph. However, if the product is perishable or is intended, by its nature, to be used or consumed in a short period of time, the term for its return will be that indicated on the product or its packaging or wrapping or, failing that, 7 days, if nothing is indicated. All these terms will be suspended for the time that the good is being repaired in exercise of the guarantee, and until said repair is completed.
FIFTH.- HIRING.
To make purchases or contract services on the Website, the following steps must be followed, clicking when appropriate:
a.- To start the contracting process, it is necessary to confirm that you have read and accepted these Terms and Conditions.
b.- Select the product or service you are interested in and add it to the “shopping cart”, or a similar option with similar names (“basket”, “basket”, to name a few).
c.- Login to the site or enter email and password. If you are not registered and if you wish to do so, use the icon and menu that corresponds to this option.
d.- Select the shipping and delivery method among the alternatives available on the site (link with the available alternatives). In the event that there are no alternatives available, follow the instructions for delivery according to what is indicated on the site.
e.- Select the payment method.
f.- Once the purchase order or service contract has been made, the following information will be displayed on the screen, which must appear before selecting the means of payment:
- Description of the purchased product or contracted service.
- Price of the product or service.
III. Indication of the shipping cost, when applicable.
- Delivery date of the purchased product, depending on the type of delivery chosen; or start date of the contracted service.
- Means of payment that the user will choose.
- Total value of the transaction.
VII. Other conditions of the order of product or service purchased.
VIII. Possibility of printing and keeping the order, by the User.
- Unique identification number of the order, with which the User can track it online, or use it to identify it at the time of delivery or withdrawal.
g.- Sending the information to the email registered by the User.
h.- The order will then be sent automatically to an identity confirmation process, in which the security and privacy of the user and the contracting process itself, availability, validity and quota of the payment method that has been selected will always be safeguarded.
i.- Once the above is fulfilled, the contract is perfected, making the charge in the selected means of payment. Subsequently, the proof of purchase is sent with the corresponding ticket or invoice in electronic format and the product will be dispatched, according to the selected delivery method.
j.- The buyer will not be affected in his rights nor will he be charged, without his identity being confirmed.
SIXTH.- MEANS OF PAYMENT.
Unless a different means is indicated for specific cases or offers, the products and services that are reported and traded on this site can only be paid through:
a.- Bank credit card Visa, Mastercard, Dinners Club International, American Express or others authorized and validly issued in Chile or abroad, provided that they maintain a current contact for this purpose with CPS BIOTECH.
b.- Bank debit cards included in the Redcompra system or enabled to make payments and transactions through the WebPay system, validly issued in Chile by national banks, which maintain a current contract for such purposes with CPS BIOTECH.
c.- Bank transfer, which will be made to account No. 917310952, which CPS BIOTECH maintains at Banco Banco Security.
Other means of payment that may be announced and accepted in the future, which will be duly informed by the corresponding channels and channels.
Payment with debit cards will be made through WebPay, which is an electronic payment system that automatically charges the user's bank account.
The User declares that he understands that these means or payment portals are owned by third-party companies or providers of said services, independent and not linked to CPS BIOTECH, for which the continuity of their provision of services over time, as well as the proper functioning of its tools and online payment buttons, are the sole responsibility of the providers of these services and in no case of CPS BIOTECH.
SEVENTH.- DELIVERY AND DISPATCH.
The goods and products purchased through the Website will be subject to the dispatch and delivery conditions chosen by the user, within those that are available on the site. The information of the address or place of shipment is the sole responsibility of the User.
EIGHTH.- RESPONSIBILITY.
CPS BIOTECH will not respond, in any case, for the following facts:
a.- Improper use that Users or visitors to the Website make of the stored content, or of the products they acquire therein, as well as of the industrial or intellectual property rights contained in the Website, or in the products or services.
b.- Damages, specific or eventual, caused to Users derived from the operation of the search tools of the Website, as well as from errors generated by technical elements of the Site or the search engine.
c.- Content of Websites that Users can access with or without authorization from CPS BIOTECH.
d.- Access of people who do not meet the age limit required for the use of the Website, following the Terms and Conditions as well as the current legislation regarding the capacity to exercise.
e.- Loss, misuse or unauthorized use of the password or validation codes, whether by the User or a third party, in the manner expressed in these Terms and Conditions. In the same way, the parties acknowledge and record that the computer support provided by www.cpsbiotech.com is not infallible, therefore, circumstances beyond the control of CPS BIOTECH may occur that may cause the Website or its platform are not operational for a certain period of time.
f.- Information referring to CPS BIOTECH that is found on Websites other than or unrelated to www.cpsbiotech.com.
In case of any of these assumptions, CPS BIOTECH will take all measures to re-establish the proper functioning of the Website and its communication system as soon as possible, without being held liable for it.
CPS BIOTECH does not guarantee availability or continuity of operation of the Website, nor that at any time, Users can access it or the promotions and offers that are available.
CPS BIOTECH is also not responsible for the existence of viruses or other harmful elements in the documents or files stored in the computer systems of all kinds owned by Users. CPS BIOTECH will not be liable for damages caused to the User, derived from the improper use of the technologies and platforms made available to them, regardless of the way in which these technological elements are used improperly. Likewise, CPS BIOTECH will not be liable for damages caused by the improper use or bad faith of the Users when using www.cpsbiotech.com.
However, in the event of a double payment by any User on the Website, CPS BIOTECH will refund the full amount of the overpayment, within 7 days following receipt of the corresponding claim made by the User or their representatives. , which must have an annex that includes the original payment receipts corresponding to the overpayment made.
When registering, logging in, making transfers and communicating, www.cpsbiotech.com uses digital security certificates (SSL), in order to encrypt the information. CPS BIOTECH does not store or keep financial data of its Users.
NINTH.- DATA SECURITY POLICY.
CPS BIOTECH will adopt all necessary measures to protect the data of its Users and secret password, such as information encryption systems, security certificates and other similar or equivalent that CPS BIOTECH considers prudent for these purposes. In the event of changes made by the User in the information registered or entered on the Website, or if any type of irregularity attributable to the User is detected in relation to the information provided or with transfers made by the User, as well As with everything related to identification in the same or the use of means of payment or simply as a measure of identity protection, the staff of the Website will contact the User, either by telephone or by email, to corroborate the data and information, as well as to avoid the existence of possible fraud.
In the event that contact is not established within 94 hours, and with the User's safety in mind, any purchase of a product or contracting of a service will not be confirmed. The User will be informed by telephone or email of the fact that it has been rendered null and void as a result of not having been able to verify their identity or the means of payment used. Additionally, the receipts that contain the steps taken to try to contact the User in order to confirm the transaction, will be available to the latter for a period of 90 days, in case the User wants to confirm the purchase or contract. Additional queries can be made through the contact channels with the Website established in the paragraph regarding Information on the Website, present in this same document of Terms and Conditions.
With all of the above, Users are fully responsible for the loss or loss, misuse or unauthorized use of the product or service purchased or contracted, whether they or third parties incur in the events described above, after making a purchase. or hiring of service following the form stipulated in these Terms and Conditions.
Personal information.
By accessing the Website www.cpsbiotech.com, Users or visitors guarantee that the information they provide to enter or to purchase products or contract services is true, complete, accurate and up-to-date.
In accordance with the provisions of Law No. 19,628 on the Protection of Personal Data, the data of this type that is provided to the Website becomes part of a database belonging to CPS BIOTECH and will be used solely and exclusively for the purposes that motivated its delivery, especially for communication between CPS BIOTECH and its Users, validating data related to purchases or contracting services, specifying dispatches, and answering queries. These data will never be communicated or shared with other companies without the express authorization of their owner (the User) nor will they be transferred internationally.
CPS BIOTECH will never ask its Users to deliver personal or financial data through emails.
CPS BIOTECH presumes that the data entered by the Users or by persons authorized by them are correct and exact. Users, by accepting these Terms and Conditions, express their agreement that the personal data provided by filling in forms on www.cpsbiotech.com may be used later for the preparation and sending of offers that may differ from those offered on the Site. Web.
Notwithstanding the foregoing, CPS BIOTECH guarantees all its Users the free exercise of the rights contemplated in Law No. 19,628 on the Protection of Personal Data in relation to information, modification, cancellation and blocking of their personal data. Consequently, Users may make requests related to the aforementioned rights, which will be answered by CPS BIOTECH within a period not exceeding two calendar days.
Electronic documents.
Users, as manual recipients of electronic documents as established in Exempt Resolution No. 11 of February 14, 2003, issued by the Internal Revenue Service, which establishes the procedure for taxpayers authorized to issue electronic documents to also carry out its sending by these same means to the manual receivers; declare and accept that, by approving these Terms and Conditions, they authorize CPS BIOTECH, represented by Comercial Algas Chilenas del Pacífico Limitada, RUT: 76.445.635-1; duly represented by its General Manager, Mrs. Marco Antonio Abufarhue Bustos, National Identity Card number: 8.148.056-7, so that the tax document corresponding to the transaction for product purchase or service contracting, is delivered only through electronic means. Likewise, it is authorized that the notice of publication of the tax document be sent to the Users by email.
In accordance with the aforementioned regulations, and in the event that the User needs to support their accounting information, they will assume, in relation to the aforementioned tax documents, the following obligations:
a.- Print the documents received electronically, for each tax period, immediately after receiving them from the issuer.
b.- Print the document in the original size and shape.
c.- Use white original type paper with a minimum size of 21.5 cm x 14 cm (half letter) and a maximum size of 21.5 cm x 33 cm (legal).
d.- Print in a quality that ensures the legibility of the document for at least six years, as established by current legislation. Printing will be done by laser or inkjet methods, unless a different method is established by future legislation or regulations on the matter.
TENTH.- INTELLECTUAL PROPERTY AND RESERVED RIGHTS.
All the rights present in the Website, including intellectual property, regarding the same Website, pages and other content, such as, but not limited to, texts of all kinds, graphic or audiovisual material (including, but not limited to images, audio clips and videos), logos and logos, icons of all kinds, downloadable material and content, compilations of data and information and source codes of the page, are the property of CPS BIOTECH.
Any other trademark that appears on the Website and whose rights are not owned by CPS BIOTECH, will belong to their due owners.
ELEVENTH.- COMMUNICATIONS.
CPS BIOTECH is obliged, in case of sending any type of communication and information, including advertising or promotions, to any means of contact provided by the User, including telephone numbers or email, said communication will contain at least the following information:
a.- Identification of the type of message, making it clear to the User the type of information involved, especially if it is a message that contains advertising or promotions, all of which will appear in the subject field of the message (e-mail), or will report first (telephone communication by voice or text).
b.- Existence of the right of the consumer, recognized by Chilean regulations, related to the power that the User has to request the cessation of this type of messages by CPS BIOTECH. At the same time, the obligation on the part of CPS BIOTECH to suspend the sending of information in case of receiving the request from the User is recognized.
c.- The guarantee of an expeditious, simple and effective process in the event that the User wants to make the request, for which the CPS BIOTECH may require some type of information prior to carrying it out.
d.- In the case of advertising or promotions from external sites, or from companies, companies or brands associated with CPS BIOTECH, the message will contain the information necessary to identify the advertiser, including its trade name, if any.
The promotions offered through this Website are not necessarily the same as those offered by other sales channels used by companies, such as physical stores, TV or radio ads, catalogs or others, unless expressly stated in this site or in the advertising carried out by the companies of each promotion.
