INDUSTRIAS NATURAL OILS S.A.S is a company legally established under the laws of the Republic of Colombia, and for all purposes of this document, it shall be referred to as “TACAY.” Any person who registers on the Portal and/or carries out a commercial transaction through it declares that they are aware of and accept each and every provision set forth in these Terms and Conditions. Consequently, all acts and contracts executed on or through the Portal shall be subject to the provisions contained in this document and the applicable laws of Colombia.
For the purposes of these Terms and Conditions, the term “Client(s)” shall collectively refer to visitors of the Portal, potential buyers, and buyers. Any person who does not accept these Terms and Conditions and TACAY’s Data Processing Policy, both of which are mandatory and binding, must refrain from using, accessing, registering, or conducting any commercial activity on or through the Portal.
Registering directly through the Portal, where the Client will be asked to provide basic personal information, including but not limited to: (i) first and last name; (ii) national ID or identification number; (iii) date of birth; (iv) gender; (v) email address; (vi) password. If the Client makes a purchase, they must also provide, among others: (i) address, city, and department; (ii) landline and/or mobile phone number.
By entering their information, the Client declares under oath that the data provided is truthful and up to date. TACAY is not responsible for the accuracy of the personal information provided and/or supplied by the Clients.
Each Client may hold only one account on the Portal. If TACAY finds that an account or registration is being used for fraudulent or improper purposes, or in a way that violates good faith and/or good practices, or if the origin of the account cannot be verified, TACAY shall be entitled to delete or suspend the registration on the Portal, as well as to initiate any legal actions that may apply.
Access, use, registration, and commercial transactions carried out through the Portal must be performed by individuals of legal age.
Client registration data will be collected, stored, and used by TACAY in accordance with TACAY’s Personal Data Processing Policy, which is published on www.tacay.co or at the following link.
https://tacay.co/en/privacy-notice/. Only individuals who have the legal capacity to contract and be bound—meaning those over eighteen (18) years of age—may access, use, register, or perform any commercial activity on or through the Portal.Consequently, by registering, the Client declares and certifies that TACAY is not responsible for the information provided by its Clients, including but not limited to their date of birth and identification number.
If, at any point, operations and/or transactions are carried out by minors, such actions will be understood to have been performed under the responsibility of their parents and/or legal guardians.
Purchases made on the Portal will require, depending on the selected payment method, the provision of financial information, including specific details of the credit or debit card, phone number, and shipping address. TACAY does not store or retain any information related to the Client’s banking or financial data.
TACAY reserves the right, at any time, to: (i) Contact and request additional information in order to verify personal data; (ii) Temporarily or permanently suspend purchases by Clients whose data could not be verified, appear suspicious, or are identified as potentially fraudulent; (iii) Delete any previously accepted registration; (iv) Reject any new registration request, without being obligated to disclose or explain the reasons for its decision, and without this generating any right to compensation or reimbursement in favor of the Client.
1.1. SECRET PASSWORD
Once registered on the Portal, the Client must enter the secret password that has been assigned in order to access their account and/or make purchases. This ensures personalized, confidential, and secure access to the Portal. The secret password is personal and non-transferable, which means that all operations carried out from the account are and will always be the sole responsibility of the Client.
The disclosure of the Secret Password to third parties or its use by others shall not imply any liability for TACAY. The Client will have the ability to change the access password at any time, following the procedure established on the Portal. In the event that the Client becomes aware of any unauthorized access and/or misuse of their account by a third party, they must immediately report it to TACAY’s Customer Service department through any of the available channels: gerencia@tacay.co or the nationwide phone number 310-786-0573.
1.2. PROCEDURE FOR USING THIS PORTAL
The Portal outlines the steps that must be followed to purchase products through it, as well as the various customer service channels available for identifying, updating, and correcting your information, in accordance with TACAY’s data processing policy.
The use of bank cards accepted on the Portal is subject to the agreement between the Client and the issuing Bank, without TACAY having any responsibility or involvement regarding the terms set forth therein.
Information related to bank account details, credit cards, and debit cards is managed exclusively by third parties that provide this service for TACAY, and TACAY assumes no responsibility for the management, operation, and/or storage of such data.
Any claims related to the use of and payments made through bank cards must be addressed directly to the respective third party.
In the event that TACAY identifies that the Client is making improper or inappropriate use of the Portal—such as, but not limited to, two or more repeated cancellations, fraud, among others—regardless of the payment method used, TACAY shall have the authority to block the Client.
The Client shall have no right or ability to claim any type of compensation due to this situation. If the Client has any doubts or concerns regarding the purchase process on the Portal, they may contact TACAY’s customer service channels, where support and assistance will be provided.
3.2. Use of Coupons
TACAY may issue discount coupons at any time to promote the purchase of Products sold through the Portal. The use of a discount coupon cannot be combined with other promotions or discounts unless otherwise specified on the coupon; it is non-transferable to third parties, not redeemable for cash or other products, and may only be used once per registered Client on the Portal. The discount coupon will specify the validity date and other applicable conditions, such as but not limited to: validity period, conditions, selected products, minimum purchase requirements, among others. The use and application of the discount amounts described in the coupon are 100% subject to correct usage. That is, before completing the purchase, the user must CLICK the “USE COUPON” button for the discount to be applied to the respective purchase. If the coupon is used correctly, the discount amount will be reflected in the shopping cart. No coupon is redeemable or refundable in cash, check, credit or debit card refund, or any other payment method, without prejudice to the provisions of the following subsection (i). In the event that the Client uses the coupon and later exercises their right of withdrawal on the purchased product, one of the following options will apply, as the case may be:
If the coupon was created for a specific Client and for their exclusive and personal use, a new coupon will be issued for use in another purchase under the same conditions as the original coupon. If the coupon was created for the general public, for all or a specific segment of registered Clients, for promotional purposes in the mobile applications—that is, it was not created for a particular Client—the coupon will be extinguished upon its use in the first purchase and consequently will not be redeemable again.
3.3. Validity and Conditions of Promotions
The offers and/or promotions will have the validity period indicated and communicated to the Client. If they are subject to inventory availability, it will be understood that the promotion extends until the inventory allocated for that offer is exhausted or until the indicated validity date, whichever occurs first. Promotions are not combinable with other promotions or discounts unless otherwise specified on the Portal or in the promotion itself. When the Client uses or redeems the coupon (by clicking the “USE COUPON” button), they fully accept the conditions to access these offers or promotions and these Terms and Conditions.
5.2. Out of Stock Inventories
The Client acknowledges and agrees that between the moment the Product is selected on the Portal and the moment the transaction is effectively approved by the respective financial institution, the selected product may become out of stock. For this reason, TACAY is authorized to cancel the transaction and consequently refund the money paid for the out-of-stock product, should this situation occur. In such case, TACAY will promptly inform the Client of the situation, without this generating any liability for TACAY or granting the Client the right to claim damages or compensation.
5.3. Prices
All product prices published on the Portal are expressed in Colombian pesos and correspond to the unit price of each product. They do not include additional shipping costs or any other extra charges.
Additional costs, such as taxes or shipping fees incurred due to the purchase, will be indicated and informed in the Order Summary prior to the acceptance of the Order.
5.3.1. Strikethrough Prices
When a strikethrough price is shown on products in the Portal and replaced by another sale price, the strikethrough price corresponds to the previous price of the product, while the price without strikethrough is the new price the Customer must pay. The strikethrough price will always be higher than the new price offered by TACAY. If this is not the case, the Customer will only be obligated to pay the lesser of the two prices shown. The strikethrough price is displayed so that the Customer can clearly see the reduction from the initial sale price made by TACAY voluntarily.
5.3.2. Prices of Products Sold by TACAY Under the Retail Modality
The prices of products sold directly by TACAY will only be valid and applicable under this modality, and will not apply to other sales channels of the “Associated Stores”; nor to products offered under the Marketplace modality (see “TERMS AND CONDITIONS MARKETPLACE MODALITY PRODUCTS SOLD BY THIRD-PARTY ALLIES – ASSOCIATED STORES”), nor to physical sales, telephone sales, catalog sales, or sales through other websites.
Below the description of each product, the provider and the party responsible for shipping the product will always be indicated.
5.3.3. Grouped Product Prices
The Portal features a tool that groups products available in different colors; however, only the price of the product shown and described in the first image is displayed. Therefore, the Client acknowledges and accepts that the price of the products may vary depending on the color chosen.
5.3.4. Typographical Errors
TACAY sells its products through the Portal, which is defined as a technological platform; therefore, it is possible that due to system errors or typographical mistakes, an incorrect price may appear. The Client understands and accepts that if this occurs, TACAY will inform them of the situation and may cancel the purchase order(s) containing the product(s) with the incorrect price(s), proceeding to refund the money paid for such order(s).
5.4 Shipping and Delivery
5.4.1 TACAY sells its products through the Portal, which is defined as a technological platform; therefore, it is possible that due to system errors or typographical mistakes, an incorrect price may appear. The Client understands and accepts that if this occurs, TACAY will inform them of the situation and may cancel the purchase order(s) containing the product(s) with the incorrect price(s), proceeding to refund the money paid for such order(s).
5.4.2 In the event that the Product is paid for upon delivery, it is the Client’s obligation to pay in cash or via card reader before receiving the Product. It is also the Client’s duty to inspect the Product immediately upon delivery.
If the Client observes that the packaging of the Product(s) is damaged or opened, they must open it in the presence of the delivery personnel and verify the condition of the Product(s). A written record of the situation must be made in the presence of the representative from the transport company used by TACAY.
5.4.3 Once the Product has been received by the Client or a person designated by them—such as a domestic employee, security guard, or building staff—TACAY shall not be held liable for the loss or damage of the delivered Product.
5.4.4 If the delivery of the Product is delayed due to any of the following reasons:
i) The Client unjustifiably refuses to receive it;
ii) The Client does not receive the Product within two (2) weeks from the first delivery attempt made by the transport service provider; or
iii) The transport service provider is unable to locate the delivery address due to incorrect information provided by the Client;
TACAY may (without prejudice to exercising any other right or remedy available) choose not to proceed with the delivery of the Product and, consequently, notify the Client that the order has been canceled due to their noncompliance.
5.4.5 The shipping cost of the Product will be determined based on the city or municipality where the Client wishes to receive the Product, the total value of the products to be paid for, and the type of delivery service selected. This amount will be disclosed to the Client in the summary displayed in the shopping cart at the time of completing the transaction on the Portal.
The shipping service has a cost, and it will vary depending on the location of the address provided by the Client, specifically the municipality or city. The Client can view the shipping cost during the checkout process before making the payment.
DATA PROCESSING POLICY
The Data Processing Policy of INDUSTRIAS NATURAL OILS S.A.S is published at the bottom of the homepage of www.tacay.co. Likewise, regarding this Data Processing Policy, the Client acknowledges and accepts that, upon registering on the Portal and/or mobile application, they agree to receive offers via email and accept the Data Processing Policy.
There are various ways to receive communications from TACAY, including but not limited to: promotional campaign emails, transactional emails, birthday messages, text messages, push notifications (messages sent by the mobile app), among others.
Therefore, in the event that a Client unsubscribes or opts out from receiving further communications from TACAY, or requests the deletion of their personal data, the Client acknowledges and accepts that TACAY will deactivate or delete their data, as applicable.
TERMS AND CONDITIONS OF USE FOR PAYU PAYERS
The Client declares understanding and acceptance that when using the payment gateway (PAYU), the general terms and conditions of use for buyers will apply, which can be reviewed directly at the following pages:
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