The following document contains the Terms and Conditions for access and use of the "Omnichannel" Affiliate Marketing Platform (hereinafter the Platform); a service provided by MUNDIAL DE REPUESTOS DE MOTOS SAS (hereinafter "Mundimotos" or "the Company") to its clients, collaborators, and interested third parties. These conditions will be applicable from the moment the client expressly accepts the use of the Platform, which will be necessary to continue with the Service. Clients are defined as a company or individual seeking to use the Platform to purchase the products and services offered through it by Mundimotos.
Scope of the Platform.
The Platform is a service established by Mundimotos, as the owner and operator of this e-commerce platform, to provide customers or users with access to information about the products offered by the Company through this electronic medium and the ease of purchasing them in simple steps and with a single click.
Acceptance of the conditions of use.
By accessing this Platform, the customer or user freely and spontaneously acknowledges and accepts the terms and conditions of use of this Platform, which, in any case, may be modified at any time and without prior notice by Mundimotos. Therefore, we recommend that you read the Terms and Conditions each time you access and use the Platform.
It is the customer's or user's responsibility to periodically review any changes made by Mundimotos to the Terms and Conditions of Use described through this Platform. Therefore, use of the Mobile Platform and related tools implies, at any time, the customer's or user's acceptance of any changes made to the terms and conditions of use by Mundimotos.
The interpretation and use of the data and information provided on this Website and Platform are the responsibility of the client or user of the website.
Content
Mundimotos, through its Affiliate Marketing Platform "Omnichannel", is primarily dedicated to the distribution of spare parts, tires, and accessories for motorcycles and motorcyclists, facilitating the purchase of these products remotely and with a single click. Therefore, through the Platform, the customer or user will be provided with the portfolio of products offered by Mundimotos, thus facilitating access to information on the characteristics, prices, discounts, and benefits of each of the goods, as well as the requirements and conditions for payment for these, through the different payment methods available on the Platform.
The data and information contained in the Platform are the intellectual property of Mundimotos and are simply a tool that provides customers or users with elements for decision-making regarding products, allowing them to understand the different conditions and characteristics of the portfolio of goods offered by our Company. Therefore, they should not be taken under any circumstances as advice, recommendations, or suggestions by Mundimotos for making investment decisions or conducting any type of business.
Registration on the Platform.
In order to offer a personalized service to our customers, Mundimotos offers the possibility of remote purchases of products in its portfolio through this Platform. To do so, the customer must create a user account by fully completing the registration form provided therein, providing accurate, precise, and truthful information. Upon registration, the customer guarantees and is responsible, in all cases, for the accuracy, veracity, validity, and authenticity of the data entered on the Platform.
After completing the form, the customer will receive a registration confirmation email and can begin purchasing through the Platform.
When creating a user account, the customer will be asked for information such as name, date of birth, telephone number, address, and email address; this information is used to fully identify customers or users who intend to purchase products and to execute sales. Once the information required to use the Platform has been provided, Mundimotos will validate the username, password, and affiliate code to access the created account.
The use of the user account is personal and non-transferable, therefore, customers are not authorized to transfer their validation data for accessing the Platform. If they forget their validation data or if it is stolen, they are obligated to inform Mundimotos via the "forgot your password" option or by sending a communication to the customer service email. The customer is responsible for maintaining complete confidentiality of their account, identification number, and Platform password. All activities carried out with their account, such as exchanges, inquiries, requests, and other activities, are their sole responsibility.
By creating a User Account, customers or users express their willingness to expressly and unequivocally accept these Terms and Conditions of Use of the Platform and expressly authorize the use and processing of personal data as indicated below and pursuant to the provisions of Mundimotos' personal data processing policy.
Product description.
The Platform will display the catalog of products available for purchase and in Mundimotos' inventory. The price, product description, availability, and additional purchase conditions will be indicated when selecting a product in the purchasing section of the Platform.
Product descriptions will be accompanied by representative media such as photographs, images, videos, or graphic material, which are presented as accurately as possible to the product's reality. However, such representative media will be solely for the reference of the customer or user who purchases them and do not imply any liability or warranty on the part of Mundimotos. For these purposes, only the product characteristics described on the Platform accompanied by the representative media will be enforceable.
Purchase procedure.
Once the customer or user selects a product in the Platform's purchasing section, the purchase and payment process begins immediately. The purchase steps are as follows: i) product selection and quantity; ii) review of a purchase summary; iii) purchase completion and payment through one of the available payment methods; iv) confirmation of the purchase by Mundimotos; v) entry of the affiliate code, if applicable to the purchase.
Once Mundimotos receives confirmation of purchase, the purchase will be confirmed and the delivery process will begin as indicated below. In any case, Mundimotos reserves the right to internally validate product availability, payment, and the information provided by the customer or user prior to sending the purchase confirmation.
Payment methods.
In order to complete the sale, the user must choose one of the product payment terms offered by the Platform and pay the value of the products. Therefore, to provide convenience to the customer when purchasing the selected products, Mundimotos offers, but is not limited to, the following payment methods: payment by credit card; payment by bank transfer through the PSE platform; payment by coupon or discount code; among others, which will be made available to the customer at the time of purchase.
The client who carries out transactions on the Platform declares under oath that his or her income comes from lawful activities, that he or she has no negative records on national or international anti-money laundering lists and that, to the best of his or her knowledge, there are no investigations, actions, lawsuits or proceedings by or before national or international courts or agencies or Government Authorities regarding an alleged violation by him or her, his or her shareholders or beneficial owners of anti-money laundering or anti-corruption laws, all of which constitutes the risk of money laundering and terrorist financing ("ML/TF Risk"). In this sense, the client accepts that he or she will be responsible for the materialization of the ML/TF Risk and accepts that Mundimotos and/or the Business Partners may desist from the sale of products if the client were to be: (i) Convicted by the competent authorities for drug trafficking, terrorism, kidnapping, money laundering, terrorist financing or administration of resources related to such activities; (ii) Included in lists for the control of money laundering and terrorist financing administered by any national or foreign authority, such as the list of the Office of Foreign Assets Control -OFAC- issued by the Treasury Office of the United States of North America, the list of the United Nations Organization and any other public list that includes natural or legal persons that are related to the issue of money laundering and terrorist financing, or (iii) Convicted by the competent authorities in any type of judicial process related to the commission of the aforementioned crimes.
Mundimotos provides users with a secure connection system that allows for transactions. However, Mundimotos will not be liable for communication failures with banking or credit institutions, nor for any damages caused to users due to any action or omission by said entities. If users choose to use the payment gateways provided by the Website, the handling of personal information will be the sole responsibility of the payment gateway, and users must accept the terms and conditions of use of the selected gateway before completing their transactions.
Validation.
Mundimotos establishes that all product purchases are subject to prior validation by Mundimotos of inventory, payment, and data provided. If inconsistencies are found in the validations, Mundimotos may cancel purchase orders by informing the customer via email and will proceed with a refund.
Right of Withdrawal and Procedure
The customer has the right to withdraw from the commercial transaction described in this document within a period not exceeding five (5) business days, counted from the date on which Mundimotos delivers the product requested by the customer to the address provided by the latter. To exercise the right of withdrawal, the customer must make the product available to Mundimotos by the same means in which it was sent, assuming the costs of shipping and any other costs involved in the return, guaranteeing the delivery of the product in the same condition in which it was received. In any case, the withdrawal will only be appropriate provided that the conditions for this established in Law 1480 of 2011 and other applicable laws are met.
Once the product has been received, Mundimotos, after analyzing the particular case, will decide whether or not the withdrawal is appropriate, under the following terms: i) the product must be in the same condition in which it was delivered to the customer; ii) it must retain the original packaging used for the safekeeping of the product; iii) it must be accompanied by the invoice issued by Mundimotos at the time of purchase; Mundimotos, if it proceeds in accordance with the terms stipulated herein, will refund the money through the same means of payment that was used by the customer to purchase the product, without including shipping costs. The refund will be processed no later than thirty (30) days or within the maximum period stipulated by law, counted from the effective delivery of the product by the customer to Mundimotos, this moment being understood as the exercise of the right of withdrawal by the customer.
Payment reversal.
The customer may cancel the purchase of the product and request a reversal of payment provided they meet the conditions established in Article 51 of Law 1480 of 2011 and do so within five days of confirmation of purchase.
Pricing policies.
On the Platform, Mundimotos is committed to offering quality, service, and availability of its online portfolio at attractive prices, with some limited-time offers. Merchandise offered online is generally the same price as merchandise offered in other Mundimotos retail locations, although in some cases, there may be differences.
Furthermore, Mundimotos constantly reviews and updates the information regarding the products displayed on the Platform. However, Mundimotos is fully authorized to modify or discontinue products at any time, without incurring any liability to customers.
Shipping policies.
The products Mundimotos offers on its Platform are delivered within municipalities, regions, and/or areas within Colombian territory that are reasonably accessible and considered safe for transportation, at the carrier's discretion. Mundimotos is committed to meeting delivery times; therefore, the estimated shipping time provided at the time of purchase is counted from the date of payment confirmation. Occasionally, if there are new developments that prevent Mundimotos from fulfilling its delivery promise, we want to guarantee that delivery will not exceed the 30 days granted by the Consumer Statute for the delivery of the purchase.
Warranty Process.
In the event that a product purchased from Mundimotos has a manufacturing defect, the customer may initially request repair of the product. If this is not possible, the customer may request either an exchange of the product for one with identical characteristics or a full refund of the amount paid for the product, excluding shipping costs. This refund, if applicable, will be made within a period of no more than thirty (30) days from the date the customer notifies Mundimotos of this request. All of this, provided that the warranty conditions indicated in Law 1480 of 2011 are met.
The warranty period will generally be the statutory period, and in exceptional cases, the period indicated in the product information and/or in the technical regulations governing a particular product. The warranty period begins on the date the customer receives the product. To claim the warranty, the consumer must contact our customer service department, either by phone or email, where they will provide instructions on how to process the warranty with the manufacturer of the purchased product.
Referral program.
Through the Platform, Mundimotos offers customers and users the opportunity to receive special referral discounts on the purchase of products. This program consists of employees, contractors, partners, or those linked to Mundimotos who qualify in accordance with internal work policies, as well as individuals outside the Company, being assigned an independent, personal referral code. This code can be used to refer their family, friends, and acquaintances to purchase products through the Platform. This generates a bonus for the code holder.
The procedure for activating the referral plan is that the customer, at the time of completing their purchase on the Platform and selecting the payment method, will have the opportunity to enter a referral number in a designated space. If said code is valid, the Platform will occasionally generate an automatic discount applied to the total purchase value.
The discount granted on the product will be determined directly by Mundimotos and may vary depending on the product and availability conditions. It may be limited to certain product references, at Mundimotos' sole discretion. The referral discount cannot be combined with other promotions.
Collaborators must submit an express request to Mundimotos to be assigned their respective referral code through registration on the Platform. In any case, they will have the following prohibitions on the use of their code:
- Referral codes may not be used by their holders to obtain joint benefits or business sharing with employees, business partners, or their related or affiliated personnel. Benefits include sharing a commission, access to larger discounts, etc.
- Employees are not permitted to neglect their job responsibilities, answer requests, call, or any other program-related activities during work hours.
- Regarding advertising, the affiliate may not refer to discounts not authorized by Mundimotos. They are only authorized to link their personal data, including their affiliate code, in other words, to conduct invitation advertising.
The holder of the referral code will receive a bonus for each product purchased through the Platform using their code. The bonus will be governed by the following conditions:
- The bonus will, in any case, be discretionary in nature and will be paid purely by Mundimotos, so it reserves the right to consider the potential and eventual withdrawal or suspension of the benefit contemplated herein in the event that, under extrinsic or intrinsic conditions of the market, the business or the economic situation of the country or the company, it deems it necessary.
- The bonus value will not depend on the product purchased, as its percentage is fixed and determined exclusively by Mundimotos and may be modified at any time and without prior notice.
- Any bonus payment that Mundimotos may eventually make to the holder of the referral code will constitute a salary factor when the referral code is from a client or user directly linked to the Company.
- The Company has the right to consider the potential and eventual withdrawal or suspension of the benefit contemplated herein in the event that, under extrinsic or intrinsic conditions of the market, the business, or the economic situation of the country or the company, it deems it appropriate.
- The bonus will be paid on the dates established by the Company through the enabled means provided by the client or user.
Property Rights.
The content, software, materials, and other components (including, but not limited to, logos, trademarks, slogans, artwork, creative materials, videos, music, icons, buttons, etc.) used on the Platform are the property of Mundimotos and/or its strategic partners and are protected by copyright, trademarks, or other intellectual property rights.
Therefore, the Platform user agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, or create derivative works from the content or materials available on the Platform.
All trademarks not owned by Mundimotos that appear on the Platform or are related to the products offered by Mundimotos are the property of their respective owners. Accordingly, Mundimotos shall not be liable to third parties for any infringement of copyright, trademark, trade dress, or other proprietary or intellectual property rights arising from content posted or transmitted by suppliers in connection with the services or products advertised on the Platform.
Security Policy.
Mundimotos has implemented the necessary tools to protect and prevent unauthorized access, as well as the loss, misuse, alteration, and theft of personal data. Mundimotos is committed to the confidentiality and security of the information and data stored in its databases, subject to access and availability restrictions, and preventing unauthorized third parties from accessing them.
The client will be responsible for any damages that may be caused to Mundimotos or any third party due to improper use of the Platform.
Any violation by the user of the terms and conditions of use stipulated herein, or any complaint or information that Mundimotos receives from third parties regarding non-compliance, abuse or misuse of these, may be investigated by Mundimotos, who will have the authority to take all measures and initiate all legal and extralegal actions against the client, to obtain the cessation of the conduct and the compensation to which it may be entitled under applicable law.
Authorization for the processing of personal data.
As the owner of the personal data, the client or user, by merely accepting these terms and conditions and using the Platform, voluntarily, previously, explicitly and informedly authorizes MUNDIAL DE REPUESTOS DE MOTOS SAS to process the personal data in accordance with the personal data processing policy published on the website: www.mundimotos.com and for the purposes related to said policy and associated with its corporate purpose, including but not limited to: customer management and service, PQR management, customer loyalty, internal statistics management, registration of incoming and outgoing documents, billing and advertising management and commercial prospecting, warranty management, discounts and promotions, among others.
Likewise, I authorize Mundimotos to transfer my personal data to any natural or legal person who is a strategic ally of the same, who will act in their capacity as Managers and may only use them for the same purposes described herein.
I expressly declare that: (i) all the information I have provided is true and, (ii) I have been informed of my rights of access, correction, deletion, revocation or claim for infringement of my Personal Data, as well as the right to revoke the authorization granted here, which I may exercise free of charge through the following email compraya@mundimotos.com.co
Links to third-party websites.
The Platform may contain links to other websites owned by third parties, with which it maintains a link. Therefore, the user acknowledges that Mundimotos has no control over such websites and is not responsible for the accuracy, content, or legality of the information. Consequently, under no circumstances should a reference to third-party websites or third-party products and services be construed as an approval or endorsement by Mundimotos of that third party, third-party website, or any product or service provided by a third party. Likewise, any monetary and non-monetary transactions carried out by the user on the Platform are carried out solely and exclusively between the user and the advertiser or linked site, under the user's own responsibility.
Therefore, any provision of information or transaction that the user carries out with third-party websites is carried out solely and exclusively between the user and the third party, under the user's own responsibility.
Disclaimer of Liability.
In no event shall Mundimotos, nor its shareholders, officers, directors, employees, suppliers, and other related third parties, guarantee that the Platform will be uninterrupted or error-free, and shall not be liable for any damages arising from the use of the Platform in connection with any failure of performance, error, omission, delay in operation, system, computer, or line failure, even if Mundimotos is informed of any damages or losses.
Mundimotos recommends complying with the security measures contemplated, among others, in the site's security policies and is not responsible for any damages caused by misuse of the Platform by the client or user for illegal activities.
Applicable legislation.
Any disputes that may arise from the use or interpretation of the Terms and Conditions of Use referred to herein shall be governed by the laws of the Republic of Colombia and shall be subject to Colombian courts and tribunals.
Transactions on the Platform are available to those who have the legal capacity to enter into contracts under Colombian law. If the customer lacks such legal capacity, they should refrain from entering into transactions on the Website. In these cases, Mundimotos will not be liable for damages caused by acts of those incapable of performing their duties due to the poor supervision of their legal guardians.
Prevention of money laundering and terrorist financing.
The client who carries out transactions on the Website declares under oath that his or her income comes from lawful activities, that he or she has no negative records on national or international anti-money laundering lists and that, to the best of his or her knowledge, there are no investigations, actions, lawsuits or proceedings by or before national or international courts or agencies or Government Authorities regarding an alleged violation by him or her, his or her shareholders or beneficial owners of anti-money laundering or anti-corruption laws, all of which constitutes the risk of money laundering and terrorist financing ("ML/TF Risk"). In this regard, the client accepts that he or she will be responsible for the materialization of the ML/TF Risk and accepts that Mundimotos may withdraw from the sale of products if the client were to be: (i) Convicted by the competent authorities for crimes of drug trafficking, terrorism, kidnapping, money laundering, terrorist financing or administration of resources related to such activities; (ii) Included in lists for the control of money laundering and terrorist financing administered by any national or foreign authority, such as the list of the Office of Foreign Assets Control -OFAC- issued by the Treasury Office of the United States of North America, the list of the United Nations Organization and any other public list that includes natural or legal persons that are related to the issue of money laundering and terrorist financing, or (iii) Convicted by the competent authorities in any type of judicial process related to the commission of the aforementioned crimes.
Validity
These Terms of Use and Conditions of the "Omnichannel" Affiliate Marketing Platform will take effect on April 24, 2023, and will remain in effect indefinitely until revoked by Mundimotos or modified in part or in full.
