TERMS OF SERVICE

Terms of Service

 

Terms and conditions for the use of the platform onehalfshop.com

Introduction and aim: When entering the website onehalfshop.com, the user and/or costumer accepts the Terms and Conditions for using the shopping platform (“The Platform”, or “The Website”), with all the other policies, terms and documents mentioned in the same, from hereafter, “The Conditions”, no matter the application, digital media, support, or device from which it is accessed. Please carefully read this Terms and Conditions and our Privacy and Cookies Policy (“Privacy and Cookies Policy”) before placing your order. When using this website or placing an order through the same you agree to the Terms and Conditions and our Privacy and Cookies Policy and comply with all the applicable laws and regulations part of the Colombian legislation. Therefore, if you do not agree with all the Terms and Conditions and the Privacy and Cookies Policy, please refrain from using this website.

These Terms and Conditions and Privacy Policies are subject to changes without prior notice at any moment, at the sole will of LA VIE COLOMBIA S.A.S., trader natural person, identified with NIT number 901388728-7, from hereafter “LA VIE COLOMBIA S.A.S.”, proprietor of the brand “ONE HALF” registered to the Superintendence of Industry and Commerce and that from the date of modification will enter in full effect.

 

Acceptance of the Terms and Conditions: By checking the box “Accept Terms and Conditions” or subscribing the present Conditions, you acknowledge and expressly accept, in your own name and as a natural person, in your employer’s name or in legal name and representation of a legal person, that you are binding to a legal agreement with LA VIE COLOMBIA S.A.S.; thus, in the terms of the article 52 of the Law 1480 of 2011, you act as a natural person of legal age, or in the case of a legal person, with full capacity of representation, full capacity to bind directly or personally the entity you represent, your employer or the entity you postulated for the service, and have understood and agree to comply with the Conditions, acquiring the quality of user (hereafter the “User” or “Users” as applicable).

In consequence, when acquiring the status of User, you guarantee that the requested information is accurate, faithful, and complete. LA VIE COLOMBIA S.A.S. is not obliged to accept an order, and in any case, shall have the right at any time to verify it in advance or reject it without the need of giving reasons for it.

Through the platform it is offered a purchase service of goods and products (“The Products”), which are offered directly by LA VIE COLOMBIA S.A.S. as the daily performance of the operations of the brand “One Half”.

The user shall have only one contractual relationship: trade of good or products with LA VIE COLOMBIA S.A.S. through THE PLATFORM, without celebrating at any moment a commercial exchange with the manufacturer of the good or the proprietor of the offered brand.

 

Registration and Classification of Users: To acquire the status of User, the natural or legal person aiming to purchase the product offered on the platform shall provide the information required for the registration , which will be verified afterwards by LA VIE COLOMBIA S.A.S. Provided the case in which the validation of the information evidence errors, correction shall be then requested via email (the provided contact email); made the requested amendment, the platform shall proceed to activate the User. If mistakes are not evidenced in the provided information, after the proper validation, the activation of the User shall proceed.

After the acceptance of the Conditions and the verification of the information provided in the registration, the platform will create and provide the User with a Username. Likewise, access will be granted by providing a username and a password. The User shall be the sole responsible for this password; any operation made with such password will be valid and binding for the User.

For national orders on the Website, the status of User is necessary, and, therefore, to be a consumer and not a distributor, of legal age, and have a credit or debit card and a physical address for the delivery of the product in Colombian territory, in accordance to the regulations which will be specified later; for international orders, the status of User is needed, and therefore, to be a consumer and not a distributor, of legal age, have a PayPal account and a physical address for the delivery of the product in the Country of destination, as long as this is within the countries we cover in accordance with the international shipping policies of LA VIE COLOMBIA S.A.S. The sales contract shall exist only from the moment in which LA VIE COLOMBIA S.A.S. confirms the order by email. Every placed order shall be understood as a mere offer for the sales contract. The User will be able to cancel the offer if LA VIE COLOMBIA S.A.S. has not sent the confirmation of the order to the email previously provided by him. The offer shall be subject to verification by LA VIE COLOMBIA S.A.S. to determine stock availability, terms and other conditions established for the creation of the sales contract. LA VIE COLOMBIA S.A.S. reserves the right to verify or reject an order without the need to state reasons nor circumstances for it. LA VIE COLOMBIA S.A.S. is not obliged to accept an order. The User shall have the obligation to ensure the termination of the payment process for the product so LA VIE COLOMBIA S.A.S. proceeds with the verification of the payment, and, subsequently, the delivery of the good.

 

Obligations of the User: Besides the obligations contained in other clauses of this agreement, the User is obliged to:

  • Pay properly and on time the price of the Products in accordance with what is established on the Conditions.
  • Be responsible for the accuracy, fidelity, and timeliness of the provided information.
  • Accept that LA VIE COLOMBIA S.A.S. can verify his records on Credit bureaus and different databases with the aim of making the respective validations and establish the associated risk of the operation to be performed.
  • Refrain from allowing third persons, non-users, to use or benefit from the platform without express authorization from LA VIE COLOMBIA S.A.S.
  • Do not access or try to access restricted resources or areas of the Platform.
  • Use the platform, its contents, or the products for illegal purposes, contrary to the established on these conditions, the good will and the public order, harmful for the rights and interests of third parties, or in any way, may damage, disable, or overload the platform or affect the normal use of the products.
  • Refrain from introducing or spreading a virus on the net or engage in any other activities that may alter, disrupt, or result in errors or damages to the electronic documents, databases, or informatic systems (hardware and software) of the platform.
  • Avoid facilitating that viruses, worms, or other programming routines interfere or damage the platform.
  • Try to access, use and/or manipulate the databases provided for unintended purposes that infringe the rights of the holders.
  • Avoid reproducing, copying, distributing, transforming, or modifying the contents of the platform.
  • Avoid deleting, hiding, or manipulating the indications regarding the intellectual property rights and other identifying information on the platform about third parties linked to the contents, as well as the technical devices for protection or information mechanisms that can be inserted in the contents or systems.
  • Refrain from impersonating another User or natural or legal person when using the platform.

 

The User will be responsible for all the damages and prejudices from any nature suffered by LA VIE COLOMBIA S.A.S. because of the infringement of the obligations derived from these Conditions on regards with the improper use of the Platform.

 

Price of the Products: The price of the Products shall be the one offered on the Platform. Discounts, sales, or any other change in prices, shall only be valid if LA VIE COLOMBIA S.A.S. offers such variations on the Platform. The User shall pay exactly what is offered plus caused taxes, specified or not.

 

Disclaimer of LA VIE COLOMBIA S.A.S.:

  • Users use the platform at their own risk. LA VIE COLOMBIA S.A.S. shall not be responsible for any damages nor prejudices of any nature that may arise from the improper use of the Products once the Users have them.
  • LA VIE COLOMBIA S.A.S. shall not be responsible for the availability of the platform on the following cases:
  1. Interruption in the operation of the platform due to system failures, shutdowns, delays of freezing caused by flaws or overloads on the network, internet, or any other electronic system used during its operation.
  2. Effects caused by virus, trojans, worms, or any other kind of informatic attacks affecting the normal functioning of the platform.
  3. Other damages that may be caused by third parties due to unauthorized intrusions, beyond the control of the Platform.
  4. Maintenance tasks or any other situation or circumstance beyond normal will and diligence or coming from a force majeure or fortuitus event.

 

Nevertheless, LA VIE COLOMBIA S.A.S. shall perform the reasonable efforts to maintain the availability of the platform.

 

Payments: Payments shall be done through Mercado Pago in Colombia and PayPal for international purchases. When the User performs a purchase on the platform, freely, voluntarily and consensually, is accepting to pay the invoices or documents in the respective form and terms, also, is authorizing LA VIE COLOMBIA S.A.S. that, from the date, to publish the invoice or equivalent document for the sale of the products by LA VIE COLOMBIA S.A.S., and in compliance with the legal regulations, provide adequate treatment to the personal data guaranteeing the security and privacy of the information. Once the transaction is finished through Mercado Pago or PayPal, the system will automatically report to the previously registered email by the User a notification stating the successful transaction, indicating the details of the payment and the purchased products, as well as the delivery information. Regarding the invoice or equivalent document delivery, it is hereby stated that the User accepts that LA VIE COLOMBIA S.A.S. sends it immediately or maximum in one working day through electronic means, therefore, being exempted from doing it physically. It is important to highlight that the invoice or equivalent document is issued with the requirements established by the DIAN regarding the regulations and operation. For the proper sending of the invoice or equivalent document by electronic means, the User acknowledges and accepts that it is his entire responsibility to enable and provide an email account required for this process. For legal effects, the acceptance process of the invoice or equivalent document shall be deemed as received with the “message read” confirmation from the email to which it was sent.

Applicable Law: The legal system of the Republic of Colombia shall be applicable on regards with any suitable legal regulation. If, for some reason, the competent legal operator considers that any of the terms and conditions is not suitable, the rest shall continue to be fully applicable.

Dispute resolution: In the case of a conflict related to the celebration, execution, termination or liquidation of this contract, the parties agree to go before an arbitration tribunal composed by one (1) referee to decide in Law. The court shall be in Medellin and shall be governed by the Conciliation and Arbitration Center of the Chamber of Commerce of Medellin. The referee will be designated by common agreement between the parties in a term no longer than five (5) days since the controversy arises. If there is no agreement regarding the referee, the Conciliation and Arbitration Center of the Chamber of Commerce of Medellin shall designate one, following the procedure established for that purpose. The costs of the court shall be assumed by the losing party.

Duration, modification, and termination of the present contract: This contract has an undefined duration and its validity between the parties is subject to the acceptance of the same.

 

Also, LA VIE COLOMBIA S.A.S. may terminate the contract in the following cases:

  • There is a breach in the obligations by the User
  • Reasonably can be concluded that there are legal, reputational, or commercial risks or of any nature for the sale of the products.
  • There is no compliance by the User of the recommendations provided by LA VIE COLOMBIA S.A.S. for the proper performance and security of the platform.

 

Indemnity clause: the User shall keep harmless LA VIE COLOMBIA S.A.S. by virtue of which any cost – including legal advice – arising from a claim of a third party against LA VIE COLOMBIA S.A.S. shall be assumed by the User, when such event has arisen in occasion of:

  • Impersonation by a third party
  • Breach of the obligations of this contract by the User.
  • All civil responsibility outside or within this contract in which LA VIE COLOMBIA S.A.S. may commit by cause or omission of the User.

 

Prohibition of transfer: None of the parties may fully or partially transfer his contractual position to a third party without the express and written consent of the counterparty.

 

Intellectual and Industrial property

  1. LA VIE COLOMBIA S.A.S. holds all the rights on the content, design, and source code of this platform, and specially, the photographs, images, logos, designs, brands, and commercial names included within the same. These rights are protected by the current intellectual property regulations.
  2. It is expressly prohibited the complete or partial reproduction of the platform without express and written authorization of LA VIE COLOMBIA S.A.S.
  3. Likewise, it is completely forbidden the copy, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action resulting on a breach of the current legislation of Colombia or the rest of the world regarding intellectual and/or industrial property without prior express and written authorization of LA VIE COLOMBIA S.A.S.
  4. Inform that does not grant implicit license or authorization over the intellectual and/or industrial property rights or any other right or property related, directly or indirectly with the contents included on the platform
  5. In the cases referred, LA VIE COLOMBIA S.A.S. shall perform the corresponding legal action, including penal actions, based on what is provided by the law 599 of 2000, on its articles 270, 271, and 272.

 

Confidentiality: The parties agree that during the validity of this agreement, all the information granted for the development of the same is confidential, without any prejudice arising from the obligation of providing it to the competent authorities if requested, in accordance with the legal dispositions and current regulations.

 

Partial nullity: If any of the clauses of the present agreement is not valid for any reason, the others shall have validity without this resulting in the cancellation of the agreement, unless it goes against the essence of it.

 

Notifications: All the communications between the parties shall be performed via electronic means.

The email provided by LA VIE COLOMBIA S.A.S. is hi@onehalf.com.co

The email provided by the User shall be the one provided in the registration form on the platform.

Any notification shall be understood to be made the day of sending the email.