TERMS AND CONDITIONS
Welcome to www.Brahma.co web site owned by Stanton S.A.S. a company domiciled in 25Km Bogotá-Sibaté Colombia (“Brahma”). The information below describes the terms and conditions (the “Terms and Conditions”) and the privacy policy (the “Privacy Policy”) applicable to the access, consultation, use and transactions made with the services offered by Brahma (the “Services”) through web site www.Brahma.co, and/or other related domains (URLs) ("Brahma.co" or the "Site"), wherein these Terms and Conditions are contained.
For the purposes of information and the use of the Site, User shall be understood as any person that enters to the Site and proceeds to use it lawfully whether through, but not limited to, navigation, consultation of products, interaction with Brahma, registration in the Site, and/or purchase of products by electronic purchase transactions, among others, that involve use of the Site by the User. In consideration of the foregoing, the User, by this Site, accepts and is subjected to the Terms and Conditions and the Privacy Policies contained herein along with all the other policies and principles regulating Brahma.co and are directly incorporated hereto or by reference or that are explained and/or detailed in other sections of the Site.
The customer service area is intended for answering petitions, complaints and claims of Users and consumers. Therefore, in case of being interested in exercising this right, please send an email to address sac@brahma.co clearly establishing (i) your full name, (ii) identification number (iii) events that support the question, complaint or claims and (iv) other aspects that are relevant to answer effectively the exercise of your rights.
Terms and Conditions PRIMATON
- The commercial dynamic discounts apply from June 28 to June 30, 2024. Valid on the online channel Brahma.co, physical Brahma Concept stores, authorized distributors: Tiendas Aka, Éxito, Falabella, and Spring Step.
- Inventory is not guaranteed nor reserved when preparing the shopping cart.
- Our product deliveries will take between 5 to 10 business days; however, as our delivery processes are carried out by independent transport companies from our company, delays, losses, or other events beyond our control that may generate additional delivery times can occur.
- In case of product exchange requests for purchases made through the online channel, these will only be handled through the brand's digital customer service channels: email sac@brahma.co and WhatsApp 3002483180.
- In case of product exchange requests, the customer must return the product to our warehouse and will bear the cost of such shipment. The return cost will be covered by the company. Once we receive the product, we will verify that its condition and packaging are in perfect state and will validate the availability of the desired size or product. If we do not have stock to fulfill the request, the customer may request a refund. If the customer wishes for a different reference than the originally purchased one and it is of a higher value, the customer will bear the price difference.
Use of the Site
The Terms and Conditions and the Privacy Policies contained herein shall apply and be understood as an integral part of all the acts and contracts executed or entered into between the User and Brahma, and/or by any of the other companies that are affiliates of, or related to, Brahma, and that use this Site, which shall be hereinafter indistinctly referred to as the “Companies” or the “Offering Companies”, the “Supplier” or the “Supplying Company”, according to the meaning of the text.
In the event that the Companies had set forth their own Terms and Conditions and their Privacy Policies for the acts and contracts made through this Site, which shall appear on this page indicated with a link or indicated as an integral part of the promotion of its offers and promotions, they shall prevail over these Terms and Conditions.
You as User must inform yourself, read, consult and understand the conditions of use established in the General Terms and Conditions and Privacy Policies of Brahma, as well as the other documents incorporated there to by reference, before use thereof, whether through, but not limited to, navigation, consultation of products, interaction with Brahma, registration in the Site, and/or purchase of products by electronic purchase transactions, among others that involve use of the Site by the User.
If you, as User, do not accept and do not agree with the Terms and Conditions and/or Privacy Policy contained here in, which are mandatory and binding, please abstain from using this Site and/or having access to the Services made available for use thereof.
The use by the User, the contracts and transactions made in this Site, as well as legal effects thereof shall be governed by these Terms and Conditions and Privacy Policy, and shall be subject to the applicable and current legislation in the Republic of Colombia. If any provision of these Terms and Conditions is declared illegal or void, or for any reason is unenforceable, it shall be interpreted within the framework thereof and in any case, it shall not affect validity and applicability of the remaining provisions.
User Capacity
The web Site and contents thereof are addressed to Users of legal age with the due capacity to enter into contracts. If you are not of legal age, please abstain from using the Site.
The acts of minors in this site shall be the responsibility of their parents, tutors, guardians or curators and, therefore, they shall be considered made by them in the exercise of the legal representation that they hold. Whoever registers a User as a company shall have the capacity to enter into contracts in the name of the legal person and commit such person in these Terms and Conditions and the Privacy Policy.
Account Creation and User Registration
If you, as User, are interested in having access to the promotions and/or in the purchase of products offered through the Site, it shall be then necessary that you proceed to fill in the registration form entering personal data according to the fields indicated therein. With provision of your personal data by answering the questions of the registration form, we understand that you voluntarily grant authorization to Brahma to proceed with the lawful processing of your personal data in conformity with the information set forth in the Privacy Policy and in the authorization document made available upon registration. We also understand that your personal data are exact, accurate, correct and current and they shall be included as is in our databases, in compliance with Law 1581 of 2012 and other additional provisions.
By filling in the form and ending the registration procedure in the Site you shall become a Brahma Member and you assume the commitment of updating, when required, the personal data associated with your registration. Brahma may use different means to identify you as a Brahma Member, but Brahma does NOT take responsibility for certainty of the personal data provided by you as User. It is your duty to guarantee and answer for, in any case, accuracy, veracity, validity and authenticity of the personal data entered.
Each Brahma Member may only be holder of one (1) Brahma account, not being able to have access to more than 1 (one) Brahma account with different email addresses or falsifying, modifying and/or altering your personal data in any manner possible. In case a fraudulent a and/or malicious use and/or use contrary to these Terms and Conditions and/or a use contrary to good faith were verified or suspected, Brahma shall be have the unappeasable right to cancel the transactions in progress or pending for confirmation only in cases where the payment had not been approved, eliminate information from the shopping cart, favorites and other data related to the account that does not observe the provisions hereof. If the payment was already accepted, it shall be confirmed by telephone if this process was made by the account holder and reimbursements shall be made, if required; when necessary, the account shall be removed and the offender may be even prosecuted.
Brahma reserves the right of requesting any certificate and/or additional data for the purpose of verifying personal data, as well as temporarily or definitely suspending the account of those Users whose data had not been confirmed. In these cases of disqualification, Brahma may cancel the purchase made without it generating any right to remedy, payment and/or indemnity, in addition to return of the money corresponding to the purchase made. The User, as a Brahma Member, may only purchase a maximum of five (5) products of the same reference by electronic transaction.
Once registered, the Member shall have its email address and a secret password (here in after the “Password”) that shall enable personalized, confidential and safe access. In case of having these data, the User shall have the possibility of changing the access Password, for which the procedure established in the Site shall be followed. The User undertakes to keep confidentiality of the Password, fully assuming the responsibility for keeping the confidentiality of the secret Password registered in the Site, which enables making purchases, requesting services and obtaining information. Such Password is of personal use and disclosure thereof to third parties does not involve a responsibility of Brahma or the Companies in case of undue, negligent and/or incorrect use.
The User shall be responsible for all the operations made in and from its Account since the access there to is restricted to entry and use of a secret Password exclusively known by the User. The Member undertakes to notify Brahma immediately and by the proper and reliable means, about any unauthorized use of its Account and/or Password, as well as entry by unauthorized third parties thereto. Sale, assignment, lending or transfer of the Password and/or Account is forbidden in any way.
Brahma reserves the right of rejecting any registration request or cancelling any previously accepted registration without being obliged to communicate or explain the reasons of your decision and without it generating any right to indemnity or remedy.
Modifications to the Terms and Conditions
Brahma may modify the Terms and Conditions at any time making them available in the Site. The modifications shall enter into force 10 (ten) days following publication thereof.
Controller for Payment Methods Available in the Site
The only and direct Controller for the payment transactions from generation, processing to conclusion thereof shall be the third party, different to Brahma, Pagosonline.Net S.A.S. In this regard, we inform that:
- Even when the products are available for consultation and purchase through the Site, Brahma is not directly or indirectly responsible for the payments that must be made through it.
- Upon conclusion of the navigation and once the products had been chosen, the User shall proceed to pay the products by the service exclusively operated by Pagosonline.Net S.A.S.
- The User shall use the payment means available in Pagosonline.Net S.A.S. (Transfer with PSE, Credit Card and payment in Baloto points), from which the User may choose the most convenient one.
- As a prerequisite for payment, in the Pagosonline.Net S.A.S. Platform the User shall accept the “Terms and Conditions of Use of the System of Pagosonline.Net S.A.S., which shall govern the contractual relation between the User and Pagosonline.Net S.A.S.
- Brahma does not have any affiliation, association or relation with the services and/or technological platform provided by Pagosonline.Net S.A.S.
For information related to Pagosonline.Net S.A.S. and services thereof, please visit www.pagosonline.com.
Validity Term of the Offer and Price
The prices of the products available in the Site, while appearing therein, shall only be valid and applicable therein and they shall not be applicable to other selling channels used by the Companies, such as physical stores, telephone sale, other electronic sale sites, catalogs or others. The prices of the products offered in the Site are expressed in Colombian Pesos unless otherwise stated. The prices offered correspond exclusively to the value of the product offered and do not include expenses of transport, management, shipping, accessories that are not expressly described and any other additional item.
Promotions of the Web Site
The promotions offered in this Web Site do not necessarily respond to the ones offered in other selling channels used by Brahma and/or the Companies, such as physical stores, telephone sale, catalogs or others, unless otherwise expressly stated in this Site or in the advertisement made by the Companies for each promotion. When the Site offers promotions consisting in free shipping or discount of a product for the purchase of another, dispatch of the product freely shipped or with a price discount shall be made in the same place where the purchased product is dispatched. The Offering Company subjects its promotions and promotional activities to compliance with the current regulations and provisions of Law 1480 of 2011 concerning consumer protection.
The products acquired through the Site shall be subject to the dispatch and delivery conditions chosen by the User and available in the Site. The price of transport of the products is calculated in consideration of the delivery method chosen by the User at the moment of making the necessary choices to finish the purchase process and it shall be broken down in the transaction summary.
The information of the shipping address is under the exclusive responsibility of the User; therefore, please include the shipping address correctly along with the other contact data. The terms chosen for dispatch and delivery are counted from the moment in which the Offering Company had validated the purchase order and the method of payment used and they shall be considered in business days.
Brahma shall communicate Users by email the data so that they can follow up the shipping state online.
If the User is not present at the moment of making the physical delivery of the purchase made in the Site and nobody receives it in the residence place, a notice evidencing the time of the visit shall be fixed as a proof of delivery attempt. During the three (3) days following the first attempt, the courier shall return to the domicile to deliver the order. In case that nobody received the product again, a third attempt shall be made and if unsuccessful, the product shall be returned to Brahma and the User shall contact our offices to coordinate a new delivery at the sole expense of the User.
Warning: Brahma cannot guarantee shipping to some regions of the country of products considered oversized or overly heavy by the courier company. In this case, we reserve the right to revoke the orders on these conditions, in which case the order shall be reversed and the value of the price shall be reimbursed to the customer within the shortest time possible.
Products in Promotion
The products acquired in promotions will be subject to restrictions for change (size, color) and / or returns request depending on the available inventory of the product.
Single Sizes
Products denominated as SINGLE SIZES will not apply for changes (Size or Color) since, as mentioned they are the last inventory for that size. Reason such offer is made and there is also no room for returns.
Policy of Returns and Right of Withdrawal
The following conditions are applicable when the User, after delivery of the products, decides to exercise the right of withdrawal, to which it is entitled pursuant to Law 1480 of 2011. The User shall thus ensure that:
- The product that is not broken or damaged for actions of the User.
- The product has original labels, sales invoice, accessories and packages (including manuals, user’s guide, warranty certificates, etc.).
- The product must not show signs of use, dirt or wear and tear.
- The product must not have more than FIVE (5) business days delivered.
- The purchased product must not be perishable, of personal use or intimate.
- In case the product had been paid with a credit card and the reimbursement method chosen by the consumer is return of the money to the credit card, the money shall be reimbursed to the card used within fifteen (15) to thirty (30) business days beginning on the date of exercise of the right of first refusal by the User.
The right of withdrawal may be only and exclusively exercised during the five business days following the date of delivery of the product purchased through the Site. If the right of withdrawal was exercised after this term, it shall be refused for being untimely. When a product has some specific conditions for exercise of the right of withdrawal, it shall be specified in the characteristics of the product.
Conditions of Claim for Wrong Product
In the event that the User receives a product with characteristics different to the ones described in the Site at the moment of purchase, the following procedure shall be undertaken in order to verify validity of the claim:
- The User must inform within a maximum term of 30 days Brahma about shipping of the wrong product not corresponding to the reference and/or specific characteristics chosen by the User in the Site.
- Upon expiration of this 30-day term without any notice, Brahma shall not change the products shipped by mistake.
At the discretion of the consumer, the Supplier shall receive the product where it was delivered or it may request the consumer to leave it in the service point made available for this purpose. In this latter case, the Supplier shall bear all the shipping costs. If transport is required for the product, the costs shall be borne by the Supplier.
The consumer shall be sent a maximum of two Reverse Logistics Guides to return the product to the Supplier and the latter makes the necessary analysis to determine if the change is appropriate. Each guide shall be valid for one day. In the event that the consumer does not send the second guide, the consumer shall send the product to the Supplier bearing the shipping costs. Brahma shall provide the data of the Supplier to facilitate this procedure.
The products replacing the products wrongly sent shall be delivered to the consumer in the same place where the initial products were sent, unless the consumer requires another site and the Supplier accepts so. If transport is required for the product, the costs shall be borne by the Supplier.
If the conditions described for the claim are met, Brahma shall proceed with the change of the wrong product within twenty-five (25) days following receipt of the product.
In case it is not possible to change the wrong product for the one initially chosen by the User, Brahma shall proceed to inform the consumer about its decision and shall proceed to return the money or change the product for another identical one or for one with the same characteristics having the price initially paid by the User. The foregoing shall occur within twenty-five (25) days following receipt of the product.
Conditions of Claim for Missing Piece
In case the User receives an incomplete product, the following procedure shall be undertaken to verify validity of the claim:
- The User shall inform within a maximum term of 30 days Brahma about the incomplete shipping in accordance with the reference and/or specific characteristics chosen by the User in the Site. Upon expiration of this 30-day term without any notice, Brahma shall not proceed to the send the products received incompletely.
At the discretion of the consumer, the Supplier shall receive the product where it was delivered or it may request the consumer to leave it in the service point made available for this purpose. In this latter case, the Supplier shall bear all the shipping costs. If transport is required for the product, the costs shall be borne by the Supplier.
The consumer shall be sent a maximum of two Reverse Logistics Guides to return the product to the Supplier and the latter makes the necessary analysis to determine if the change is appropriate. Each guide shall be valid for one day. In the event that the consumer does not send the second guide, the consumer shall send the product to the Supplier bearing the shipping costs.
The products that complete the ones originally sent shall be delivered to the consumer in the same place where the initial products were sent, unless the consumer requests another place and the Supplier accepts so. If transport is required for the product, the costs shall be borne by the Supplier.
If the conditions described for the claim are met, Brahma shall proceed to send the missing piece within twenty-five (25) days following the claim.
In case it is not possible to send the missing piece for the one initially chosen by the User, Brahma shall proceed to inform the consumer about its decision and shall proceed to return the money or change the product for another one identical or for one with the same characteristics having the price initially paid by the User. The foregoing shall occur within twenty-five (25) days following receipt of the product.
Warranty Policy
In case a product purchased through the Site presents operation problems or damages after delivery, the customer may contact Brahma, which shall provide the data of the seller or supplier so that the latter provides proper support to the warranty request. All the warranty requests must comply with the following conditions:
- The product warranty must be valid.
- The product must have the invoice and warranty documents. In the event that the product does not have a document certifying a warranty period, it shall have less than twelve (12) months after delivery.
- The damage of the product must be caused by a manufacturing defect, technical failure or irregularity. Our warranty does not cover damage caused by abuse, mis-treatment, misuse and/or normal wear and tear.
- The supplier is entitled to replace, repair or reimburse the money of the product.
- The product for guarantee must be presented in perfect clean conditions at the time of delivery.
Our products are guaranteed for 90 calendar days following purchase date, for legally required product suitability, quality and/or safety conditions. The response time will be a maximum of 15 business days after the customer request.
At the discretion of the consumer, the Supplier shall receive the product where it was delivered or it may request the consumer to leave it in the service point made available for this purpose. In this latter case, the Supplier shall bear all the shipping costs. If transport is required for the product, the costs shall be borne by the Supplier.
The consumer shall be sent a maximum of two Reverse Logistics Guides to return the product to the Supplier and the latter makes the necessary analysis to determine if the change is appropriate. Each guide shall be valid for one day. In the event that the consumer does not send the second guide, the consumer shall send the product to the Supplier bearing the shipping costs.
The repaired product or replacement shall be delivered to the consumer in the same place where the initial products were sent, unless the consumer requests another place and the Supplier accepts so. If transport is required for the product, the costs shall be borne by the Supplier.
In case the product must be replaced by an equal one or one with the same characteristics, the supplier shall proceed to replace it within ten (10) business days following receipt of the product by the supplier.
The repair shall be made within thirty (30) business days following the date of delivery of the product to the supplier for repair.
In case money must be returned, the procedure shall be as follows:
As of the day following acceptance of the warranty by the supplier and later communication thereof with Brahma and customer, Brahma has up to 25 days to make the reimbursement.
In the event that the product does not admit repair or the product failure reoccurs, the supplier shall proceed to inform the consumer about its decision concerning the manner to enforce the warranty, whether returning the money or changing the product for another identical one or by one with the same characteristics.
Intellectual and Industrial Property
All contents included or made available for the User in the Site, including texts, charts, logos, icons, images, audio files, digital downloads and any other information (the “Contents”), are owned by Brahma or are subject to a license granted to Brahma by the owner thereof. Compilation of the Contents is exclusively owned by Brahma; therefore, the User shall abstain from extracting and/or reusing parts of the Contents without the previous and express consent of Brahma.
In addition to the Contents, marks, whether word or figurative marks, marks of any kind, industrial designs and any other element (the “Intellectual Property”) are owned by Brahma or the Supplying Companies and, thus, they cannot be used by the Users in connection with any product or service not provided by Brahma. Likewise, the Industrial Property may not be used by Users in connection with any product and service other than the ones commercialized or offered by Brahma or as to cause confusion to its customers or discrediting the Supplying Company or Companies.
Responsibility of Brahma and Controller for Payments in the Site
Brahma shall make its best effort within its capacities so that transmission of the Site is uninterrupted and free of errors. Nonetheless, given the Internet nature, such conditions cannot be guaranteed. Likewise, access of the User to the Account may be occasionally restricted or suspended in order to make repairs or maintenance, or introduce new Services. Brahma shall not be responsible for losses (i) that had not been caused for non-compliance with its obligations; (ii) lost profit or commercial opportunity losses; (iii) any indirect damage.
The only and direct Controller for the payment transaction from generation, processing until conclusion thereof shall be the third party, other than Brahma, Pagosonline.Net S.A.S. In this regard, we inform that:
- Even when the products are available for consultation and purchase through the Site, Brahma is not directly or indirectly responsible for the payments that must be made through it.
- Upon conclusion of navigation and choice of products, the User shall proceed to pay the products by the service exclusively operated by Pagosonline.Net S.A.S.
- The payment methods available in Pagosonline.Net S.A.S. (Transfer with PSE, Credit Card and payment in Baloto points) shall be used. The User shall be able to choose among them the one of greatest convenience
- As a prerequisite for payment of the User, in the platform of Pagosonline.Net S.A.S., the User shall accept the “Terms and Conditions of Use of System Pagosonline.Net S.A.S.” that shall govern the contractual relation between the User and Pagosonline.Net S.A.S.
- Brahma does not have any affiliation, association, relation with the services and/or technological platform provided by Pagosonline.Net S.A.S.
For information related to Pagosonline.Net S.A.S. and its services, please visit www.pagosonline.com.
Questions, Complaints and/or Claims
The customer service area is intended for answering petitions, complaints and claims of Users and consumers. Therefore, in case of being interested in exercising this right, please send an email to address sac@brahma.co clearly establishing (i) your full name, (ii) identification number (iii) events that support the question, complaint or claims and (iv) other aspects that are relevant to answer effectively the exercise of your rights.