TERMS AND CONDITIONS OF USE OF THE WEBSITE OF GRUPO HERRERA S.A.S.

POLICIES

This document establishes the “Terms and Conditions” under which YOU (the “User”) shall use the website www.cafeenigma.com (hereinafter, “the Website”) owned by GRUPO HERRERA S.A.S., a company legally incorporated by means of private document dated November 14, 2018, registered with the trade register of the Chamber of Commerce of Barranquilla (Atlántico) on November 15, 2018 under number 352,409 of Book IX, domiciled in Barranquilla (Atlántico) and identified with Tax Id No. 901.231.155-2 (hereinafter GRUPO HERRERA).

Whoever visits and/or uses the Website shall hold the status of User, accepting hereafter, fully and without any reservation, these terms and conditions, as well as the specific conditions that may supplement, modify or replace the general conditions, when this is the case, in relation to all the services and contents of the Website.

Therefore, GRUPO HERRERA requests the User of this Website to carefully read these conditions and the privacy and personal data processing and protection policy in detail, before the registration, exploration or use thereof.

The User agrees to have read and understood these terms of use and agrees to abide by them and comply with all applicable laws and regulations stipulated in the Colombian legislation. In addition, whenever the User uses any service provided on this Website, for example chat, suggestion boxes, shopping button, shopping cart, contests, it will be subject to the rules, guidelines, policies, terms and conditions applicable to said service.

If the User does not agree to these terms, it must refrain from using this Website. This Website is controlled and operated by GRUPO HERRERA from its offices located in Colombia. GRUPO HERRERA shall not be liable for the fact that the materials contained on this Website are appropriate or available for use in Colombia and other countries, and accessing it from territories where such contents are illegal is prohibited. Those who decide to visit this Website from other countries may do so on their own initiative and it is their responsibility to abide by the local laws that may apply. Any claim in relation to the use of this Website and the material contained therein shall be regulated by the laws of Colombia.

These terms and conditions are subject to change without prior notice at any time, under the sole will of GRUPO HERRERA, and from the date of modification of these terms and conditions, all operations between GRUPO HERRERA and the User will be governed by such amended terms and conditions.

GRUPO HERRERA reserves the right to make changes to the Website, to the conditions of use and to legal notices at any time. Whenever you use the Website of GRUPO HERRERA, you should consult the conditions of use, legal notices and the privacy and personal data processing and protection policy in force at that time, which apply to the transactions and use of the Website. If you are not satisfied with the Website of GRUPO HERRERA, its content, the conditions of use or legal notices, you agree that the only available solution is to cease using the Website of GRUPO HERRERA. The design, presentation or setup, requirements or use registration of the Website may also be modified, without giving rise to any right to claim or compensation whatsoever in favor of the User or visitor.

It is prohibited to misuse the Website, to falsify the identity of a User, to use purchase agents and carry out fraudulent activities on the Website, which is intended for e-commerce through which products that are delivered in the Republic of Colombia are sold, upon prior verification by GRUPO HERRERA.

DEFINITIONS

 

To facilitate the understanding of these terms and conditions of use of the Website of GRUPO HERRERA, it is necessary to clarify the meaning of the following terms:

  1. CONTENTS: involve all forms of information or data that may be disclosed on the Website, which include: texts, images, photos, logos, designs, animations.
  1. INTELLECTUAL PROPERTY RIGHTS: means all property rights over the information of GRUPO HERRERA or of any person who is the lawful holder thereof, such as: distinctive signs, brands, slogans, banners, logos, domain names, copyrights, databases, designs, contents or any other work or intellectual creation related to the purpose, operation or performance of the Website of GRUPO HERRERA.
  1. INTERNET: a tool used to communicate with tens of thousands of computer networks linked by the TCP/IP protocol. Multiple services can be used on this network, such as emails, www, among others.
  1. WEBSITE: a hypertext or hypermedia result provided by a www browser after obtaining the requested information. Its content can range from a short text to a large set of texts, static or moving graphics, sounds, among others.
  1. POST: to make a document visible on the Website.
  1. SERVICES: the online aids currently provided by GRUPO HERRERA or that it intends to provide in the future to users, through this Website, such as the publication of news or activities related to commercial activities; online procedures; inquiries; forums and complaints and claims mailbox, customer or marketer registration, location maps, request for orders, catalog of collections, purchase of merchandise, among others.
  1. USER or CUSTOMER: the natural person or legal entity of any nature that visits the Website of GRUPO HERRERA in order to access or register to receive a good or service from GRUPO HERRERA for any reason, and/or to search or consult information of interest.
  1. LINK: hypertext pointers that are used to jump from one information to another, or from one web server to another, when browsing the Internet.
INDUSTRIAL PROPERTY RIGHTS AND COPYRIGHT

All brands, banners, logos, names and any other distinctive sign, as well as utility models and/or industrial designs and any other inserted intellectual property elements, as well as all computer, graphic, advertising, photographic, multimedia, audiovisual and/or design materials, as well as all the content, texts and databases made available to you, used and/or displayed on this Website are exclusive owned by GRUPO HERRERA and in some cases are owned by third parties who have expressly authorized the Website for the use and/or exploitation thereof.

Likewise, the use on this Website of certain content owned by third parties is expressly authorized by law. All contents on this Website are protected by the applicable national and international regulations on copyright and industrial property in force on the matter.

Nothing on this Website may be interpreted as a concession or granting of any authorization, license or any other right to use any form of Industrial Property, without written permission from GRUPO HERRERA or the holder of such rights.

Except as expressly provided in these terms and conditions, any copy, reproduction, modification, disposal, display, creation of derivative works, sale or distribution, exhibition of contents, in any way or by any means, shall be prohibited, including, but not limited to, electronic, mechanical, photocopying, recording or any other means, without prior written permission from GRUPO HERRERA or the copyright holder.

In any case, these terms and conditions do not grant any rights, licenses and/or authorizations to carry out any of the actions described above. Any unauthorized use of the contents will constitute a violation of these terms and conditions and the regulations in force on trademarks, copyrights and/or other applicable national and international intellectual property regulations. GRUPO HERRERA grants the User a personal, non-transferable and non-exclusive license and right to display the Website on the screen of a computer, PDA device or mobile device under its control.

Any unauthorized use shall constitute a violation of these terms and conditions and the national and international regulations in force on Industrial Property and will give rise to the appropriate civil and criminal actions.

LIABILITY

GRUPO HERRERA shall not be liable for any loss or damage, including, but not limited to, damages caused by any use of (or inability to use) the portals, the use of (or inability to use) any portal to which the User has made a hyperlink from our portals, performance failure, error, omission, interruption, defect, delay in operations or transmissions, computer virus or line failure.

Under the terms indicated herein, the Website must be used under the sole and exclusive responsibility of the User. Said responsibility will extend to the use, by the User or any third party, of any password or similar key provided to access the Website or any of its services. Notwithstanding the foregoing, GRUPO HERRERA reserves the right to deny access to the Website at any time and without prior notice to any User who breach the Terms and Conditions established herein.

GRUPO HERRERA shall not be liable for the information provided on the Website, including, but not limited to, information concerning to notes of interest, opinions, concepts, events, regulations, among others. This Website is provided on “as is” and “as available” basis and, consequently, GRUPO HERRERA does not provide any guarantees of any kind, neither expressly nor tacitly or otherwise; therefore, it shall not be liable for any interruption in the service of this Website, inaccuracy, error or imprecision that may arise in its contents.

GRUPO HERRERA or any other party that may participate in the creation, production or delivery of this Website will be liable for maintaining the materials and services made available on this Website or for providing corrections, updates or versions related to it. GRUPO HERRERA may unilaterally and without prior notice modify the contents, structure and design, whenever it may deem it appropriate, as well as modify or eliminate the services, the contents and the conditions of access and/or use of the Website.

The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by third parties is the exclusive responsibility of the third parties who provided any such document, and therefore GRUPO HERRERA shall not be liable in any way for said contents or for any violation that could be derived from the posting of said contents.

Likewise, the User, by accepting these terms and conditions, represents that the fact of benefiting, using the services of the Website or being registered or designated as a distributor or marketer of GRUPO HERRERA shall not give rise to any labor or agency relationship with GRUPO HERRERA, except for any express agreement for this purpose, and the User waives any legal or non-legal claim it may file in this regard.

 PURCHASE PROCEDURE

 To make a purchase, the User must follow the following steps:

  1. To find the product you want to buy, you can do it by browsing through e-commerce.
  1. Choose the product the User wants, selecting the profile and presentation of the product and adding it to the shopping cart by clicking the ADD TO CART button.
  1. Once the product has been added, you can continue browsing and adding the products you wish to purchase to the shopping cart.
  1. When all products to be purchased have been added, the User must go to the shopping cart that is located in the upper right corner of the site. The User must verify the products it added to the shopping cart and click on FINISH PURCHASE.
  1. It must fill out and verify its personal data and delivery information.
  1. Choose the payment method desired.
  1. Check the purchase confirmation message and wait for the confirmation email.
EXECUTION

 Notwithstanding the provisions established in article 1857 of the Civil Code, the agreement for the purchase of products from GRUPO HERRERA shall be executed when the customer has made the payment according to the payment methods offered by GRUPO HERRERA in this Website, according to the offer of products made by GRUPO HERRERA therein.

In any case, GRUPO HERRERA shall not be required under any circumstances to accept a purchase offer.

Due to the quality, suitability and exclusivity of the product, the User accepts that each product will be offered until it runs out of stock, then GRUPO HERRERA shall not be liable if the chosen product has ran out of stock at the time of purchase by the User.

The maximum amount per purchase is 30 kg; the User will be able to make a purchase for the same product previously chosen 7 calendar days following the last purchase.

DISPLAY OF PRODUCTS

It is not possible to ensure to customers who visit the Website that the image they see on the site shall be exactly the same as the actual product. The proper display of products is subject to the screen resolution of the computer or mobile device used by the customer to visit the Website. Likewise, the photos of clothing and products used for the Website are taken in photographic studios and scenarios that have different lighting, in addition to outdoor lighting, and their brightness to a greater or lesser extent may cause changes in the actual colors of clothing, making them mor or less intense.

We do not guarantee that all the product display variables and the perception thereof for each User will be identical to that developed by the “ENIGMA” brand.

PRICE

 The total amount of the purchase will be made up of the following items to be charged to the customer: value of the product and taxes.

The prices and availability shown on the Website apply only to purchases made on it.

Given the online update nature of the Website, the price or availability of products may change at any time and without prior notice. The price will be that in force at the time of confirming the order in the order form on the Website.

PAYMENT TERMS

 Once an order has been confirmed, it will be automatically redirected to the PAYU and/or PAYPAL payment gateway, where the payment process established on that platform must be followed; thus, GRUPO HERRERA does not store any financial information of customers. Our payment partner PAYU LATAM and/or PAYPAL, have a PCI DSS certification in place for the safe processing of credit card information.

  1. PAYMENT METHODS

 

GRUPO HERRERA, through its Website, may receive payments by Baloto, Efecty, Gana, debit card through the PSE button and/or credit cards from the MasterCard, Visa, American Express, Codensa and Diners Club franchises.

The User can pay with up to 2 different credit cards, or use a voucher and pay the surplus through a credit card or PSE button. However, it may not use two other payment methods for the same purchase.

GRUPO HERRERA controls all orders placed in order to avoid abusive practices and fraudulent purchases. We reserve the right not to make a delivery or to not process the order of a customer who has not fully or partially paid a previous order or in which there is any dispute with the holder of the Credit Card or Debit Card.

  1. PAYMENTS WITH CREDIT CARD

 

The credit card must be authorized by the issuing bank for Internet purchases; additionally, the User must verify and correctly enter the card details: financial entity, expiration date, complete number and security code.

Users are advised to validate the amount of the products to be bought according to the credit card’s limit or funds. All banks carry out a process to validate the authenticity of the purchase and card; validation times may vary depending on each bank, in this case, the order approval time depends on the financial institution, so that such validations and approvals are not the responsibility of GRUPO HERRERA; thus, delivery time will begin to run once the bank has approved the payment.

  1. PAYMENTS BY BALOTO

 

For this payment method, the User must place the order normally, and in the payment gateway (PayU), it must indicate that it will make the payment at a Baloto outlet and then will receive an email with a number (reference code), which it must provide at the time of making the payment at the Baloto outlet.

Payment must be made by the User within 72 hours; otherwise, the order will be automatically canceled. During this time, the products will be held in reserve for the User and the order will be placed on hold until the payment is made.

After 72 hours, the platform will automatically release the reserved products, if the User wishes to buy them, it must carry out the purchase process again and validate whether they are still available.

The minimum order for payment by Baloto is $20,000 Colombian pesos; therefore, if the order does not exceed this amount, this payment method will not be activated. The order will be completed and processed when the correspondent has confirmed the payment, i.e. the delivery time will start to run from the time of payment.

  1. PAYMENTS BY EFECTY

For this payment method, the User must place the order normally, and in the payment gateway (PayU), it must indicate that it will make the payment at a Efecty outlet and then will receive an email with a number (reference code), which it must provide at the time of making the payment at the Efecty outlet.

Payment must be made by the User within 72 hours; otherwise, the order will be automatically canceled. During this time, the products will be held in reserve for the User and the order will be placed on hold until the payment is made.

After 72 hours, the platform will automatically release the reserved products, if the User wishes to buy them, it must carry out the purchase process again and validate whether they are still available.

The minimum order for payment by Efecty is $20,000 Colombian pesos; therefore, if the order does not exceed this amount, this payment method will not be activated. The order will be completed and processed when the correspondent has confirmed the payment, i.e. the delivery time will start to run from the time of payment.

RIGHT OF WITHDRAWAL

In accordance with the provisions of article 47 of Law 1480/2011, the User will have a maximum period of five (5) business days to exercise its right of withdrawal regarding the effective delivery of the merchandise.

The User must return the product to GRUPO HERRERA using the same means and under the same conditions in which it was received. The transportation and other costs entailed by the return of merchandise will be borne by GRUPO HERRERA.

The following cases are excepted:

  1. Agreements for the supply of goods or services which price is subject to fluctuations in the financial market that the manufacturer cannot control.
  1. Agreements for the supply of goods drafted according to the User’s specifications or clearly customized.
  1. Agreements for the purchase of goods for personal use.

In the event that the product meets all the conditions provided in Law 1480/2011, GRUPO HERRERA will proceed to refund the money, without any discount or deduction, within a maximum period of thirty (30) calendar days.

REVERSAL OF PAYMENTS

 The law provides that in sales made through e-commerce mechanisms, in which a credit or debit card or any other electronic payment instrument has been used to pay for the product, participants in the payment process must reverse the payments requested by consumers in the case of fraud or unsolicited operations, or if the purchased product is not received, or if the delivered product does not correspond to that which was ordered or is defective.

For the reversal of a payment to apply, within five (5) business days following the date on which the User had knowledge of the fraudulent or unsolicited operation or when it should have received the product or received it defective or if it does not correspond to that which was ordered, the User must lodge a written complaint with GRUPO HERRERA and return the product, when appropriate, and notify the issuer of the electronic payment instrument used to make the purchase of such claim, which, together with the other participants in the payment process, will reverse the transaction to the buyer. The financial entity is responsible for fulfilling the times for the reversal of any payment.

INVOICE

 Invoicing will be carried out by means of electronic invoices sent through a data message to the email previously registered by the buyer. If the customer so desires it, it can select the option to be sent online only to the registered email.

SHIPPING TERMS & CONDITIONS

 Products will be shipped through a domestic and overseas logistics and transport carrier, recognized in Colombia. The value of the shipment is not included in the value of the products for deliveries made abroad, and it will be as follows for deliveries in Colombia:

  1. The freight cost will be determined per the standard cost according to a prior analysis of the geographic location and weight of the order to be shipped.
  1. On specific occasions, for business strategy purposes, shipping will be free. This will be announced on the Website in the promotions link or in any other space on it.
  1. For all cities in the country, delivery time will be between 5 to 10 business days. If the order is to be shipped outside Colombia, delivery will be between 10 to 20 business days.
  1. Orders placed during events such as Black Friday, Hot Sale, Cyber Monday, Cyber Days and other events carried out by the Colombian Chamber of Electronic Commerce or El Tiempo, may be subject to longer in delivery times of up to 15 business days.
  1. GRUPO HERRERA does not undertake to make deliveries on an exact date and time and will be subject to the delivery times of our logistics operator.
  1. Deliveries cannot be made on an exact date and time.

The coverage offered by GRUPO HERRERA will be in the Colombian national territory, subject to the exceptions expressly established in the destination table. Any taxes, on import or export duties or charges, charged by customs in other countries will not be included in the product price or freight cost.

The company responsible for our deliveries may be FEDEX, COORDINADORA and DHL, which, as a logistics operator, will make a maximum of two (2) attempts to deliver the orders placed. In the event delivery attempts are unsuccessful, orders will be returned to the distribution center or to the offices of GRUPO HERRERA and the money will be refunded, except for the value of the shipment, without any type of interest, remuneration or additional amount being applied, and regardless of the cause or reason for such refund, according to the established times.

The terms established for the delivery of orders will be the following:

Delivery days are determined in business days, i.e. from Monday to Friday. Saturdays, Sundays and holidays shall NOT be considered as business days. For orders approved on a Saturday, Sunday or holiday, the delivery time will start to run from the next business day. Orders that are placed before 4:00 pm shall be considered as orders placed on the same day; for orders placed after 4:00 pm, the official delivery time will start to run from the next business day.

All financial entities carry out a process to validate the authenticity of the purchase and card, validation times may vary depending on each bank, in this case, the order approval time depends on the financial institution, so that such validations and approvals are NOT the responsibility of GRUPO HERRERA. Thus, GRUPO HERRERA shall not be liable if the shipment time is extended for this reason. The delivery time will begin to run once the financial institution has approved the payment, which, generally, can take up to one business day. If the order was placed during a weekend or on a holiday, it will only be processed until the immediately following business day. During events such as Cyber ​​Monday, Cyber ​​Days, Hot Sale, Black Friday, Cyber ​​Santa; our delivery times will be approximately 5 to 15 business days in major cities.

In case of any problem with the shipment or delivery of your product, you can contact:

  1. Email: hello@cafeenigma.com
  1. WhatsApp: 317 5544108
  1. Main address: Calle 49 Norte # 5N – 80, Cali, Colombia.

Products will be delivered to the address indicated by the buyer when placing the order to any person of legal age who lives or is present at the place of delivery, for which a signature on the carrier’s waybill shall suffice.

If the product shows signs of damage or breaks in its packaging at the time of delivery, it must be so recorded in the carrier’s waybill as an observation and the customer service line must be contacted as indicated above.

CHANGES OR ERRORS IN THE DELIVERY ADDRESS

 In this case, the User must contact GRUPO HERRERA through the following channels:

  1. Email: hello@cafeenigma.com
  1. WhatsApp: 317 5544108
  1. Main address: Calle 49 Norte # 5N – 80, Cali, Colombia.
PRODUCT WARRANTY

The warranty is a temporary and joint obligation of GRUPO HERRERA and its SUPPLIERS to the consumers of its products that ensures the quality, suitability, safety, sound condition and operation of the products offered; for this purpose, the User must inquire about the quality of the product, as well as about the instructions for use and conservation thereof, in accordance with the provisions of subsection 2.1 of article 3 of Law 1480/2011.

GRUPO HERRERA will provide a warranty for thirty (30) days following the receipt of the product by the buyer, for factory defects, quality of the product offered in accordance with its characteristics, ordinary defects or unsuitability of the merchandize for its intended purpose.

The warranty will not apply in case of the grounds for exception established in article 16 of Law 1480/2011.

Any buyer who is not satisfied with a product for any of the following reasons, may request in principle the product to be repaired, to be changed and to receive a refund, only if the item is not subject to repair or change, in accordance with paragraph 1 of article 11 of law 1480/2011.

The repair, change or refund of the product established above will apply, as long as it is made within the times stipulated for each process. Under no other reason than those mentioned in the quality criteria shall the change of clothing be accepted.

The buyer must express its desire to return or change a product under warranty within ten (10) days after receiving the product at the address indicated at the time of purchase. The notification thereof must be sent through any of the following channels:

  1. Email: hello@cafeenigma.com
  1. WhatsApp: 317 5544108
  1. Main address: Calle 49 Norte # 5N – 80, Cali, Colombia.

If ten (10) business days after receipt of the product the buyer has not stated its desire to enforce the product warranty, it will be considered that it has desisted from any claim to GRUPO HERRERA and the warranty will be terminated.

The shipment of any products under warranty will be borne by the buyer. When the product returned by the buyer is received at the facilities of GRUPO HERRERA, it will be reviewed and inspected for compliance with the conditions described above and if it is accepted, the following alternatives will be offered to the buyer:

The buyer will be offered the possibility of changing it for a product of the same reference, or for a coupon for the same amount as the product purchased to make a new purchase only on the Website, or for its money to be refunded. In any of the above cases, GRUPO HERRERA will carry out such process within a maximum period of thirty (30) business days following the receipt of the product returned by the buyer, but the buyer shall not be entitled to any compensation, interest or other items.

For sale products, only products may be changed to manufacturing defects, notwithstanding the right of withdrawal of the User in accordance with Law 1480/2011.

AUTHORIZATION FOR INQUIRIES WITH THE RISK BUREAU CIFIN

 Any person who makes a purchase on the Website, acting freely and voluntarily, authorizes GRUPO HERRERA and its payment platform providers to inquire and request information on credit, financial, commercial and service behavior from third parties, even in countries of the same nature as the risk bureau CIFIN S.A. or the entity that may replace it, which will result in a query footprint.

INFORMATION AND THIRD-PARTY WEBSITES

The Website may offer hyperlinks or access to websites and contents of other people or entities. GRUPO HERRERA does not control, endorse, or guarantee the contents included in said sites. The User accepts that GRUPO HERRERA shall not be liable for any content, associated link, resource or service related to a third-party site. Likewise, the User accepts that GRUPO HERRERA shall not be liable for any loss or damage of any kind arising from the use of any third-party contents. Links and access to these sites are provided solely for the convenience of the User.

Any link made to the website of another company, entity or program does not necessarily entail the existence of any relationship between GRUPO HERRERA and the owner of the linked website, nor the acceptance or approval of its contents or services. Those who intend to create a link must ensure that it only grant access to the web home page.

Likewise, no false, inaccurate or incorrect statements or indications may be made about GRUPO HERRERA and no illegal content, or contrary to good customs and public order may be included.

Similarly, GRUPO HERRERA shall not be liable for the information that is outside its Website and that is not managed directly by its administrator. The links sown on the Website are intended to inform the User about the existence of other sources capable of expanding the contents it offers, or that may be related to them. GRUPO HERRERA shall not ensure or be liable for the operation or accessibility of the linked websites; nor does it suggest, invite or recommend to visit them, so it will not be responsible for any result obtained.

GRUPO HERRERA shall not be liable in any case and under any circumstances for attacks or incidents against the security of GRUPO HERRERA or against its information systems or for any unauthorized, fraudulent or illegal exposure or access to GRUPO HERRERA that may affect the confidentiality, completeness or authenticity of the information posted or associated with the contents and services offered therein.

AVAILABILITY OF INFORMATION

 GRUPO HERRERA does not ensure the operation of the communications network and therefore shall not be liable for the availability of this Website. The server may be disconnected without prior notice. GRUPO HERRERA will do everything that may be necessary to mitigate the impact of maintenance tasks as far as possible.

RESPONSIBILITY FOR THE INFORMATION CONTAINED

GRUPO HERRERA does not control or ensure the absence of viruses or other elements in the contents that may cause alterations to your computer system (software and hardware) or in the electronic documents and files stored in your computer system.

Consequently, GRUPO HERRERA shall not be liable for any damage caused because of any modification made to the materials or download files provided directly by the entity.

PERSONAL DATA PROTECTION AND PROCESSING POLICY

The security of personal data is a priority for GRUPO HERRERA; accordingly, it is stated that we have implemented and complied with the security levels required by the regulations in force regarding the collection, processing and protection of data.

This Website strives to provide the highest level of security using state-of-the-art technology. However, considering the state of data transmission technology over the Internet, no system is currently 100% secure or free from attacks, therefore, prior to providing your personal data through this platform, you must ASSESS the protection methods used by GRUPO HERRERA to protect your data and privacy.

The User has an important role to play in the protection of their privacy, processing and protection of personal data. We recommend disconnecting from the site of GRUPO HERRERA and close their browser window at the end of their visit so that third parties can have no access to their personal data, especially when using public or shared computers. GRUPO HERRERA shall not be liable if you do not take these recommendations into account, nor for the damages caused by such carelessness. If you are a underaged, you cannot enter our Website; therefore, no personal data will be requested. If you want to access, ask for your parents or your legal guardian to accompany you.

GRUPO HERRERA, as the processor of the personal data currently filed in the company’s databases, hereby provides the Personal Data Processing Policies, which may be subject to both national and international storage, use, circulation, deletion, receipt, collection, update, transfer, and transmission both nationally and internationally.

MANAGEMENT OF USERNAMES AND PASSWORDS

The User agrees to keep its personal password to the Website confidentially and with utmost diligence.

The corporate customers of GRUPO HERRERA or its business partners will have access to special access accounts.

DISPUTE RESOLUTION

All disputes and/or claims that may arise from the business relationship, as well as from the use of the Website, entail the acceptance and submission to the laws of the Republic of Colombia and will be resolved by the competent courts at the domicile of GRUPO HERRERA .

 

APPLICABLE LAWS

These Terms and Conditions, the agreement and the legal relationships resulting from them, will be governed by the applicable laws of the Republic of Colombia.

SOURCE OF FUNDS

The Users of the Website represent that their income comes from lawful activities and that they have no negative records in national or international money laundering prevention lists, nor that they are subject to any money laundering category and that, consequently, shall be liable to the other party for all the damages that they may cause because of any falsehood contained in this representation. In accordance with the foregoing, the agreement may be terminated with cause as a result of the inclusion of any of the parties, their shareholders or their legal representatives in the lists of OFAC or of any local, foreign or international authority, as suspicious of money laundering activities. Likewise, the party which representations may be contrary to reality or that may be included in the aforementioned lists, will be liable to the other party for the damages it may causes to the non-defaulting party.

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

DOUBTS, CLARIFICATIONS OR COMMENTS

 In case of any doubt, clarification or comment regarding the contents of this Website, we invite you to make your comment in our “Contact Us” section, or through any of the following channels:

  1. Email: hello@cafeenigma.com
  1. WhatsApp: 317 5544108
  1. Main address: Calle 49 Norte # 5N – 80, Cali, Colombia.