ARDESIGN S.A.S, owner of the brand PUNTAMAR, is a commercial company legally created under the Laws of the Republic of Colombia, which for all purposes of this document will be called PUNTAMAR.
The general terms and conditions (hereinafter “Terms and Conditions”) that apply for the access, use, registration and realization of commercial relations offered by PUNTAMAR within or through the portal www.puntamarofficial.com and the mobile applications (hereinafter referred to as the “Portal”) and / or other domains or portals related to PUNTAMAR.
It is an essential requirement to access, use, register or perform any act of commerce in or through the Portal the prior acceptance of these Terms and Conditions contained in this document.
Any person who registers in the Portal and / or who makes a commercial transaction in it, declares that he or she knows and accepts each and every one of the indications established in the present Terms and Conditions. Consequently all acts and contracts that are held in or through the Portal will be subject to the provisions contained in this document and in current Colombian legislation applicable to the topic.
These Terms and Conditions will be referred to as the “Customers or Clients” to the Portal visitors, potential buyers and buyers.
Any person who does not accept these Terms and Conditions and the Data Processing Policy of PUNTAMAR, which are of obligatory type and binding, shall refrain from using, accessing, registering or performing any act of commerce in or through the Portal.
PUNTAMAR operates the Portal, through which Customers can purchase swimwear pieces and complements. The registration of the Customer in this Portal and the acceptance of the Policy of Treatment of Personal Data published in the same, constitute an indispensable condition to buy products through it. In order to do so, the Client must register on the registration page with his / her basic personal information including his / her name, citizenship card, date of birth, gender, email, password and in case of making a purchase, municipality and department, landline and mobile phone. The Client, when entering his or her data, declares under oath that these correspond to true and valid information. PUNTAMAR is not responsible for the certainty of the personal data provided by the Customers. Each Client may only be the holder of an account or registered in the Portal, so PUNTAMAR is entitled to show that in the case of evidence of fraudulent use and / or contrary to good faith may delete those accounts or records and in case so it decides to initiate the legal actions that there is place.
Likewise PUNTAMAR reserves the right to verify the data granted by the registry and in case it can not confirm any of the data of the Customers, it is authorized to temporarily suspend or delete the data of the Customer when it deems it necessary. The registration, access, use and acts of commerce such as the purchase made in or through the Portal by the Customers shall be made by adults only. The registration information of the Customers will be collected, stored and used by PUNTAMAR, maintaining the security standards sufficient to prevent any unauthorized or fraudulent adulteration, loss, consultation, use or access and
guaranteeing the rights of the data owners, in accordance with the PUNTAMAR Personal Data Treatment Policy published on the Portal.
The operations performed by minors on the Portal will be the responsibility of their parents, dependents or trustees, and therefore will be considered performed by them in exercise of the legal representation with which they count.
The information requested in the registration is for Client registration to access the Portal and eventually to acquire the articles mentioned in the Portal. The information will be used for statistical and promotional purposes and the others that are mentioned in the Policy of Treatment of Personal Data of PUNTAMAR.
Once registered, if the Customer decides to buy any of the products that are marketed in the Portal, according to the selected means of payment, it will be necessary to provide his or her financial information, including specific information of his or her credit or debit card, address where receives the invoices, telephone and address to which PUNTAMAR wishes to send its products, information that declares is true and corresponds to reality. Consequently PUNTAMAR will not be responsible for the certainty of the data provided by the Customers and in case it considers it necessary when providing information that is fraudulent, or that is used in a malicious way or to perform a crime and that is contrary to the provisions of these Terms and Conditions and the principle of good faith may in its opinion initiate the relevant legal actions against the Client who provided the information for these purposes or used the Portal improperly. PUNTAMAR reserves the right to request additional data in order to corroborate personal data as well as to temporarily or definitively suspend the purchases of those Customers whose data could not be confirmed or that are identified as possibly fraudulent and may delete any previously accepted records or refuse a new request, without being obliged to communicate or explain the reasons for its decision and without it generating any right to compensation or compensation in favor of the Customer.
Once registered, the Client must enter his secret password that has been assigned at the moment of registration to enter his or her account and / or to make each purchase, which will allow the personal, confidential and secure access to the Portal. The administration of this secret password is the absolute responsibility of the Client, as well as the transactions carried out from his account since the access is restricted with a knowledge password exclusive to the Client. Its delivery to third parties or their use by said third parties shall not imply any liability for PUNTAMAR. The Client will have the possibility to change the access code, for which it must be subject to the procedure established in the Portal. In the event that Customer becomes aware of any access and / or use of their account by a third party, they must immediately notify PUNTAMAR, that is, within two (2) business days of the date on which they became aware , by any of the means that are intended for customer service as it is via email, chat or phone.
Through this Portal, the steps that must be followed to buy products through the Portal are unambiguously and easily accessible to the Customer. The Portal indicates the postal address and e-mail of PUNTAMAR and the technical means available to the Client to identify, update and correct errors in their data. All persons registered in the Portal may ask PUNTAMAR for information
regarding the use that it is giving to their personal data, revoking the authorization and requesting the deletion of their personal data at any time, as indicated in the Data Processing Policy published in the lower banner of the Portal.
The means of payment informed in the Portal may be used. In the case of using the bank cards accepted in this Portal, they are subject to the existing contract between the client and the issuing Bank, without PUNTAMAR having any responsibility in relation to the aspects indicated in those contracts. Likewise, the information on the data of your bank accounts, credit cards and debit cards are managed exclusively by PayU and / or any third party that provides this service or a similar one that is indicated in the Portal or in any of the means of contact of PUNTAMAR like chat or customer service line, without PUNTAMAR having any type of responsibility in the administration of the same. Consequently any claim on these data and / or uses thereof must be made directly to PayU or the third party indicated.
In the event that PUNTAMAR identifies that the User or Client is making improper use of the Portal, such as but not limited to, two or more repetitive cancellations, fraud, among others, regardless of the payment method used, PUNTAMAR will have the to block the User or Client, without the latter having the power or the right to request any compensation for said situation.
All use of the Portal as stated above is governed by these Terms and Conditions and therefore the clauses of the contracts that derive from access, registration, use and performance of any commercial activity as an example, the purchase of the products that are marketed through the Portal, therefore, these provisions may be copied and printed at any time for the Customer to verify them when it so provides.
Only can access, use, register or perform any act of commerce in or through the Portal the people who have legal capacity to contract and be bound by obligations. Consequently PUNTAMAR is not responsible for the information supplied by its Customers including the date of birth and the identification number.
The Client consent is manifested in the steps of purchase of the Portal accepting each one of them and is perfected with the final manifestation of purchase after having reviewed the summary of the order where they are each of the products, their individual price, the costs of shipping in case they apply and the others that are in charge, and the total sum that must cancel, the previous one with the purpose that the Client can verify that the operation to be realized reflects its intention to acquire the products and the other conditions of the contract, and whether it is your desire to make the corrections that you consider necessary or cancel the same at any time before the final confirmation of purchase. PUNTAMAR will issue an acknowledgment of receipt of the order to the email registered by the Customer when registering, with information of the time of delivery, exact price, including taxes, shipping costs, the others he is responsible for and how it was performed or will make the payment.
Promotional or Advertising Communications:
The Customers expressly authorize PUNTAMAR to send to the e-mail registered in the Portal a newsletter where it will be possible to include promotions according to the characteristics of each Client according to the purchases and links visited, according to the authorization that they grant when they register in the portal.
The Client may request the suspension of any promotional or advertising communication sent to his or her email by sending an email in this regard to firstname.lastname@example.org, or expressing such situation through the customer service Chat, line or the cancel button the subscription found at the bottom of each of the newsletters.
The use of discount coupons can not be combined with other promotions or discounts unless expressly stated otherwise, it is not transferable to third parties, it can only be used once by each Customer and in turn can only be used by people of eighteen (18) years and above. The discount coupon will indicate the date it is valid or use in the Portal, and any other conditions that apply, such as: selected products, minimum purchases required, among others. The use and application of discount values described in the COUPON are 100% subject to the correct use of the same, before the end of the purchase, the user must CLICK the USER COUPON button for the discount to be applied. If the coupon is used correctly the value of the discount will be reflected in the shopping cart. No coupon will be redeemable in cash, check, return to the credit or debit card and in general by any other means of payment, without prejudice to the provisions of numeral (i) below. In the event that the coupon is used and then the Customer proceeds to exercise the right of withdrawal on the product purchased with the use of this, one of the following options may be given:
(i) If the coupon was created for a particular Customer and for his personal use a new coupon will be issued to be used in another purchase, under the same conditions as the initial coupon.
(i) If the coupon was created for the general public, for Customers already registered, for advertising of purchases in the mobile applications, and consequently not created for a particular Client, the coupon will be extinguished with its use on the first purchase and consequently will not be redeemable again.
Term and Conditions of Promotions:
The offers and / or Promotions will have the validity indicated and communicated to the Client, otherwise it will be understood that the promotion is extended until the inventory destined for that offer is drained. Promotions are not cumulative with other promotions or discounts unless the Portal or promotion specifies otherwise. When the Customer uses the coupon or redeems it (CLICK the USE CUPON button) the offers or promotions accept the conditions to access these and these Terms and Conditions. When an offer is made that contains more favorable conditions for the Client, the latter declares to understand and accept that the offered product can be exhausted during the validity of the offer and / or promotion, without implying any responsibility for PUNTAMAR.
The intellectual property rights over the Portal and above all the content published in it are owned by PUNTAMAR or have been licensed to it by its third suppliers, reason why it is expressly prohibited the reproduction, copy, alteration, modification, disclosure, total or partial reuse of this without prior express and written authorization from PUNTAMAR. Consequently, the use of the information found on the Portal is exclusive to PUNTAMAR.
The size indicated on the packaging may differ from the size normally used by the Customer in Colombia, since each manufacturer uses its own sizes. The Client must check very well the indications informed in the Portal and in case of any doubt can request the information that considers necessary through the Portal Chat, by telephone or by email.
The Client of the web portal www.puntamarofficial.com declares to understand and accept that between the moment in which he or she makes the selection of the product and the moment in which the acceptance of the transaction is actually made by the respective financial entity, the selected product can be exhausted, which is why PUNTAMAR is entitled to return the transaction and, consequently, to return the money paid for the exhausted product, in case that said situation is present. In view of the foregoing, you will inform the Client of the portal within two (2) business days following the time the purchase was generated, without generating any kind of responsibility for PUNTAMAR, nor the power to request compensation of damages by the Customer.
All prices on the Portal are expressed in Colombian pesos (COP) if the customer location is in Colombia or in US dollars (USD) if the customer is located outside Colombia and correspond to the unit price of each product, do not include additional shipping costs or any other additional expenses.
When a crossed-out price is shown on the Portal and a different sale price is indicated, the crossed out price corresponds to the price that the product previously had, and the price that is not crossed out corresponds to the new price to be paid by the Customer. Always the crossed out price will be higher than the new price offered by PUNTAMAR, and in case it is not so, the Customer will only be obliged to pay the lower price between the indicated prices. The crossed-out price is published so that the Customer evidences the decrease in the initial sale price of the products that PUNTAMAR made at its discretion.
The delivery of the products will be made at the address indicated and to the person designated by the Client, including the porters of the respective building. The foregoing without prejudice to the fact that the Client verifies the products purchased and in the
event that they do not correspond to what is expected or are different from those acquired, can communicate with the customer service area of PUNTAMAR to make their return or change.
Domestic and / or international shipments will be made through FedEx or DHL, these couriers will be responsible for the safe delivery of the order, such as standard shipping or priority shipping. Priority shipping has a difference in costs which must be borne by the customer.
Once the order has been approved, it may take approximately one to seven (1 – 7) business days to arrive. The products will be shipped from Monday to Friday from 8:00 a.m. at 5:00 p.m. These schedule times do not apply to promotions or special events.
All addresses outside Colombia are considered international destinations and will be subject to special rates and international schedules. International shipments take approximately three to ten (3 – 10) business days to arrive. The rights and taxes issued in the country of destination are the responsibility of PUNTAMAR. Please note that PUNTAMAR has no control over the rights, customs and taxes applied by the country to which your order is sent. We can not advise you what the cost will be, as these charges may vary by country. These rates are not calculated or apply to PUNTAMAR orders. In case the customs of the receiving country generates a tax cost, PUNTAMAR will assume it and later refund this money to the Client. For this refund to be effective the Customer must submit an e-mail to : email@example.com with the copy of the invoice for the value of the tax paid so PUNTAMAR can make the pertinent refund.
A tracking number will be emailed to the customer as soon as the purchase has been approved. The tracking number will allow the customer to track the status of the order. Customers can check the status of the order on the website of DEPRISA or DHL as the case may be.
The exchange policy operates in two events, the first in case the customer acquires the product and the color, model or size chosen is not in accordance with the request, in this case The Client must pay the shipping for the product return to PUNTAMAR and likewise he or she may pay the new shipping for the product really wanted and the second in case of requesting the legal guarantee. The Client has thirty (30) calendar days to request the change in the first case. In the event of defects in the quality or suitability of the goods purchased through the Portal within the term of guarantee of the respective product, the legal guarantee may be used in the terms stipulated in these Terms and Conditions. In order for warranty changes to take place, it is required that the product is defective or useless for its normal use, that it has manufacturing defects, processing, in its materials or if it is not entirely suitable for the use to which it is destined and that is requested within the term of the guarantee determined for the respective product.
No changes will be made when the reasons for the change are attributable personal appreciation or misuse of the garment by the Customer. For the product exchange it must be unused, with labels in perfect condition, and must have the original packaging in the case in which the defect of the good could have been detected at first sight, as for example when it comes to a color, model or different size to the requested.
If the defect is not detected at first glance, be sure to wear underwear or the hygienic protector sent with your order at the time of testing the garments, if it is a bathing suit. In any case, in order for the Customer to exercise the right of change, he must return the
product in the same conditions that he received, new, without damage or deterioration, without use, without wear, without dirt, with all original labels and packaging. Products received that do not meet these conditions will not be accepted for return and will be immediately returned, at the expense of the client without exception.
In the event that PUNTAMAR can not change the product for an equal or same conditions, the Customer may request the delivery of a bonus for the value of the products on which the change or legal guarantee was exercised, it will be sent to your mail no later than ten (10) business days, and may be used from that moment until six (6) months after its receipt.
Any product that has been applied for some type of promotion or discount is considered a final sale and can not be changed. Any discount item returned will be returned to the address registered on the original purchase at the customer’s expense.
The Client must enter the Portal and choose the option “change it” through the section that is located on the website www.puntamarofficial.com within the options of his account in the section “Change and Return.” If the Client is located in the city of Bogotá or in other cities of Colombia can choose the mode of change of the product through reverse guide, at any time in the country authorized for this purpose. This guide sent to the email indicated by the Client in its registry will have a validity of eight (8) calendar days from its issuance so that the Client approaches the DEPRISA or DHL office of his choice and proceeds to send the products subject to the change. Will lose its validity and the shipping costs will be assumed by the Customer, without prejudice to the above, the Customer must send the product subject to change to the PUNTAMAR warehouses located in the ci at the latest within fifteen (15) working days of the date on which the application was made.
- The product must be delivered in perfect condition, unused, undamaged or damaged, without wear, without dirt, with all original labels and packaging.
- The Client must attach a copy of the invoice at the moment in which he delivers his product for change. • In case the change is more than one item must be consolidated into a single box.
- If you are changing the size of a single piece of the complete set, you only need to return the part you want to change. For a defective garment change, the entire set must be returned.
- Once the collection or delivery of the product in FedEx o DHL takes place the Customer must keep the signed and sealed voucher.
- It is the responsibility of the Customer to check the quantity of products indicated in the guide at the time of delivery to the carrier (applies for pick-ups and reverse guide).
Unless the Portal specifies something different in relation to a product, the products will have a guarantee of ninety (30) calendar days from the receipt of the product by the Customer. All products sold in this Portal have a Limited Quality Warranty for the term
indicated above. In order to make the Guarantee effective, it must comply fully with all the conditions indicated in the separate “CHANGE POLICY” of these Terms and Conditions.
To request the effectiveness of the legal guarantee, the Client must report the damage that the product has and make it available to PUNTAMAR within fifteen (15) working days following the date on which it notified the request for the guarantee. Consequently, the Customer is solely responsible for sending the product to the PUNTAMAR warehouses in the city of Bogotá, within the term before mentioned and for the above, in the event that it has not been sent to the Customer of the guide inverse by the customer service area of PUNTAMAR to approach the DEPRISA or DHL office of your preference, this will not be an excuse for the Customer to fulfill its obligation to send the goods to the respective warehouses. The replacement of the product with another of similar characteristics or technical specifications will be made within ten (10) working days, counted from the day after the delivery of the good for the replacement in the PUNTAMAR warehouses in the city of Bogotá. In the event that there is no property of similar characteristic or technical specifications by which it can be changed, the established for the right of withdrawal mentioned in these terms and conditions will apply.
PUNTAMAR shall have the right to repair or replace the good, or refund the money paid for the product in accordance with the Right of Retraction mentioned in these Terms and Conditions. The repaired product or its replacement by a new one will be sent to the Customer at the address provided in the registry or to the place indicated in writing to the PUNTAMAR customer service area. The repair in case it can be done, will be realized within the thirty (30) working days following the date when the product is received in the PUNTAMAR warehouses in the city of Bogotá.
In case the product can not be repaired or the initial fault persists, the product will be replaced by an identical one or similar characteristics; or a bonus or refund of money will be generated to the Client, according to what he decides. In no case the characteristics of the product may be lower than the good that gave rise to the guarantee. The repairs made to the products will have no cost, and their transportation will be assumed by PUNTAMAR. The customer will be given a document indicating the repair made, the date of request for change of the product and the date on which the consumer delivered the same. If it is decided to replenish the good by another equal or one with similar characteristics, the change will be made within ten (10) business days following the date on which the product being received is received at the PUNTAMAR warehouses located in the city of Bogotá, and the term of the guarantee begins to run again. For cases of money back PUNTAMAR has up to thirty (30) working days from the acceptance of the guarantee to make the refund.
It is essential to take into account the care instructions of the garments (washing, drying, ironing and use). The garments must not present changes or modifications of their natural state to make the guarantee effective nor be damaged by actions corresponding to the use that the Customer has given. Products that have already been handled by garment shops or accessories or other types of third parties, as well as damage caused by improper arrangements and cleaning do not apply for warranty. In all cases, the Client must follow the recommendations and instructions of use provided together with the packaging or in the Portal.
For all products sold on the Portal, Customers have thirty (30) days calendar after the delivery of their order to request the return of the products delivered and consequently their respective refund of the money or request PUNTAMAR in the case is decided, the delivery of a bonus for the value of the products you want to return.
In order for the Customer to exercise the right of withdrawal, he must return the product in the same conditions that he received, new, without damage or deterioration, without use, without wear, without dirt with all the original labels and packaging, within a maximum term of thirty (30) days calendar later is the date of delivery thereof. Products received that do not meet these conditions will not be accepted for return and will be immediately returned to the customer’s charge without exception.
When the Customer makes use of his right of withdrawal, he will be deducted from the canceled money: the financial charges of his transaction, as well as, the charges for sending and returning the pledge to the PUNTAMAR warehouse, if that is the case.
Any product that has been applied some type of promotion or discount is considered a final sale and can not be returned. Any discount item returned will be returned to the address registered on the original purchase at the customer’s expense.
If the product to be returned was paid by debit card, the money will be refunded to the savings account that informs us by bank transfer, if the payment was made by credit card, the refund will be requested to the issuer of the card so that the client receives that money discounted on your card statement.
The return of the money by bank transfer will be made within the thirty (30) calendar days following the date PUNTAMAR receives the products returned in its warehouse and that they report that they are in the same conditions in which they were delivered to the Client, that the right of withdrawal was exercised in the term indicated in the present Terms and Conditions and in the Law for it and that consequently accepts the portrait.
In the case of refunds of money for purchases with credit card the times of reversion depend directly from the bank issuing the card but PUNTAMAR will process said return within thirty (30) calendar days following the date PUNTAMAR receives the returned products in his warehouse and that they report that they are in the same conditions in which they were delivered to the Client, that the right of withdrawal was exercised in the term indicated in these Terms and Conditions and in the Law for this and that consequently accept the portrayal.
In the event that the Customer decides to request the delivery of a bond for the value of the products on which it exercised the refund, it will be sent to your mail no later than ten (10) business days, and may be used from that moment until six (6) months after its receipt.
In the event of the expiration of the term to deliver the product or when the product delivered does not correspond to what is requested, the Customers will have the right to request the resolution or termination of the contract, and obtain the total return of their money without any retention or discount.
- The client will contact the Call Center or via mail firstname.lastname@example.org where he or she will inform the exercise of the right of withdrawal. “All postage costs are the responsibility of the customer and are not refundable if the package is lost. We suggest you use a reliable shipping service to guarantee safe and documented delivery in our facilities. for the loss of return items.
- The product must be delivered in perfect condition, unused, undamaged, or damaged, without wear, without dirt, with all original labels and packaging.
- The Client must attach a copy of the invoice at the moment in which he delivers his product for change. • If the change is more than one item, it must be consolidated into one box.
- Once the pickup or delivery of the product to the FedEx or DHL offices takes place the Customer must keep the signed and sealed voucher.
- It is the responsibility of the Customer to check the quantity of products indicated in the guide at the time of delivery to the carrier (applies for pick-ups and reverse guide).
If the payment has been made with a credit card, debit card or any other electronic payment instrument, PUNTAMAR will request the reversal of the payment to the respective banking entity or to the intermediary that provides the service as PayU or PayPal, when the Customer notify that fraud has occurred, or that it corresponds to an unsolicited operation, or that the product purchased is not received or that the delivered product does not correspond to what is requested or is defective. In the latter two cases, the Customer must return the product in accordance with the procedure established to exercise the right of withdrawal. In order to proceed, the Customer must notify the PUNTAMAR customer service area within five (5) business days following the date on which he or she received notice of the fraudulent or unsolicited operation or that should have received the product or received it defective or did not correspond to what requested. Likewise, notification of the situations described above to the PUNTAMAR customer service area does not exempt it from the responsibility of notifying the claim to the issuer of the electronic payment instrument used to make the purchase.
Regarding to the ARDESIGN SAS Data Processing Policy, the Client declares to understand and accept that once you register with the Portal and / or the mobile application and accept to receive offers by mails and the Data Processing Policy, there are several forms of receive communications from PUNTAMAR, such as but not limited to: advertising emails, transactional emails, birthday emails, emails created by retargeting / remarketing platforms, text messages, push notifications, among others. Consequently, in
the event that a Customer unsubscribes “cancel the subscription” in order not to receive further communications from PUNTAMAR or requests the deletion of their personal data, the Client declares to understand and accept that PUNTAMAR will deactivate their data or delete them according to case, however, if the Client has downloaded the mobile application on his cell phone or tablet, he will continue to receive the “push notifications” defined these as the messages that are displayed on the screen of the cell or tablet that are not text messages, possible ways to prevent receiving them is by blocking application notifications in the cell or tablet settings, or by eliminating the mobile application. Consequently, in order to deactivate push notifications on IOS and Android systems, the following steps must be followed:
-IOS: Go to “Settings”, “Notifications”, click on the PUNTAMAR application icon and deactivate the “Allow notifications” option.
-Android: Go to “Settings”, Applications, click on the PUNTAMAR application icon, deactivate “Show Notifications” and accept “Disable Notifications?”.
PUNTAMAR may modify any information contained in this Portal, at any time and without prior notice, until the moment of validation of the transaction, which will force PUNTAMAR to maintain the conditions initially offered.
The rights and taxes issued in the country of destination are the responsibility of the recipient. Please note that PUNTAMAR has no control over the rights, customs and taxes applied by the country to which your order is sent. We cannot advise you what the cost will be, as these charges may vary by country. Since these rates are not calculated or apply to PUNTAMAR orders, please contact your local customs office for more information if you are not sure of the charges.
Regardless of the value of the purchase, if the Customer chooses the priority shipping option, you must pay the value indicated in the Portal for this additional service.
This agreement will be interpreted according to the Laws of Colombia, without which conflicts of Law (Private International Law) can be presented. If any declaration of these Terms and Conditions is incomplete, is inapplicable, declared null, nonexistent or ineffective, it shall be interpreted within the framework of the same and in any case will not affect the validity and applicability of the remaining indications.
The Customer Service department will respond to requests, complaints, complaints and suggestions from the users in the attention lines for Bogotá +57 313 407 3210 and / or to the email email@example.com in the schedule: from Monday to Friday 08:00 a.m. at 5:00 p.m.
The Client declares to understand and accept that in the event that uses the payment gateway (PayU or PayPal) will apply the general terms and conditions of use for buyers which can be validated in the page www.payu.com or www.paypal.com