Privacy Policy
Privacy Notice and authorization for the processing of personal data of Mopa Moda SAS
Pursuant to Article 15 of the Political Constitution of Colombia, Law 1581 of 2012, Decree 1377 of 2013, Single Regulatory Decree 1074 of 2015, and other applicable regulations, MOPA SAS complies with the aforementioned regulations, acting as the Data Controller for the personal data collected, in accordance with the definition included in Law 1581. We hereby inform you that the voluntary provision of your data through our customer service channels or email constitutes an unequivocal declaration by the Company, which admits no doubt or error, and allows us to reasonably conclude that you have granted your prior, express, and informed authorization and explicit consent for the processing of the personal data contained therein by the Company. For more information regarding the processing of your personal data, please consult the applicable Data Processing Policy available at www.mopamoda.com or by sending an email to info@mopamoda.com. Your personal data will be processed under applicable security and confidentiality principles for the purpose of being included in our databases due to commercial, contractual, employment, or other relationships with the company. This is in accordance with the provisions of Law 1581 of 2012 and Decrees 1377 of 2013, 886 of 2014, and other regulations that modify, add to, complement, or supplement it.
This authorization extends to anyone representing the Company's rights, to anyone contracted by the Company to exercise those rights, or to the assignee of rights, obligations, or contractual position. Furthermore, this authorization will remain in effect until revoked in accordance with the law.
You may exercise your rights to access, update, rectify, and delete your Personal Data at any time, as well as request proof of authorization, revoke it, and file claims with the Data Controller or initiate complaints with the Superintendency of Industry and Commerce. We invite you to review MOPA SAS's Data Processing Policy, which outlines the procedure for exercising your rights and is available upon request. For any inquiries, data deletion requests, or to exercise your rights, among other matters, please contact us at info@mopamoda.com.
Mopa Moda SAS Personal Data Processing Policy
1. INTRODUCTION
MOPA SAS hereinafter (“MOPA” or the “Company”) has as its main corporate purpose the production and marketing of clothing.
2. OBJECTIVE
The purpose of this personal data processing policy is to establish the criteria for the collection, storage, use, circulation, and deletion of personal data provided by MOPA's clients, suppliers, contractors, employees, and the general public. This data originates from information gathered in the course of activities carried out by virtue of commercial, contractual, employment, or any other type of relationship with the company. This is in accordance with the provisions of Law 1581 of 2012 and Decrees 1377 of 2013 and 886 of 2014, and other regulations that modify, add to, complement, or supplement them.
3. SCOPE
Our aim is to provide a clear and legal process for all individuals who are clients, users, or simply visitors of MOPA MODA SAS or www.mopamoda.com, who authorize us to process their data and who may make various requests and claims as Data Subjects, as well as through their successors or any other duly authorized person. At MOPA MODA SAS, we comply with the requirements of current data protection regulations.
RECIPIENTS
This policy applies to all databases, both physical and digital, that contain personal data of users, clients or visitors who authorize the processing and that are subject to this by MOPA MODA SAS, considered as responsible.
4. OBLIGATION
This personal data processing policy is mandatory and must be strictly complied with by MOPA SAS, which will act as the Data Controller for the data collected for this Company.
These policies are mandatory and must be strictly followed by all MOPA employees, contractors, and third parties acting on behalf of the Company.
All employees must observe, respect, and comply with these policies as part of their duties. In accordance with Article 58, Section 1 of the Substantive Labor Code, it is part of the employee's special obligations to "observe the regulations and comply with the orders and instructions given by the employer or their representatives." In cases where there is no employment relationship, a contractual clause must be included so that those acting on behalf of MOPA SAS are obligated to comply with these personal data processing policies.
5. DATA CONTROLLER
MOPA MODA SAS, a legally constituted company, identified by Tax ID 901167155-9, with its registered office in Bucaramanga, Santander, Republic of Colombia. Website: www.mopamoda.com, Instagram: mopamoda, Facebook: Mopa moda, and WhatsApp: +57 318 637 6899.
6. CONSIDERATIONS
Article 15 of the Political Constitution of the Republic of Colombia establishes the right of every person to know, update, and rectify their personal data held in databases or files of public or private entities. It also mandates that those who possess personal data of third parties respect the rights and guarantees established in the Constitution when collecting, processing, and circulating this type of information.
Statutory Law 1581 of 2012 establishes the minimum conditions for the legitimate processing of personal data of clients, employees, and any other natural person. Article 18, paragraph k), of said law obliges those responsible for processing personal data to "adopt an internal manual of policies and procedures to guarantee the proper compliance with this law and, in particular, for handling inquiries and complaints."
Article 25 of the same law mandates that data processing policies are mandatory and that failure to comply will result in penalties. These policies cannot guarantee a level of processing lower than that established in Law 1581 of 2012.
Finally, in Chapter III of Decree 1377 of 2013 - also incorporated in DU 1074 of 2015 - aspects related to the content and requirements of Information Processing Policies and Privacy Notices are regulated.
Therefore, we inform you that MOPA SAS is committed to respecting the rights of its clients, employees, and third parties in general. For this reason, it adopts this policy for the processing—manual or automated—of personal data, which is mandatory in all actions involving the processing of personal data.
7. FROM THE MOPA SAS DATABASE
MOPA SAS may eventually provide access to a public information database on merchants—both legal entities and individuals—and the data will be personal data as defined in numeral 2 of article 3 of Decree 1377 of 2013—incorporated into Emergency Decree 1074 of 2015—as "data that is not semi-private, private, or sensitive." This data may be contained, among other sources, "in public registries, public documents, official gazettes and bulletins, and duly executed judicial rulings that are not subject to confidentiality." As examples of public data, the aforementioned regulations cite, by way of example, the following: "data relating to a person's marital status, profession or occupation, and their status as a merchant or public servant."
Thus, according to the Constitutional Court, public data "can be requested by any person directly and without the obligation to fulfill any requirement." To process data of a public nature, it is not necessary to have the authorization of the data subject. However, the fact that the data subject's consent is not required does not mean that the processing of such information is exempt from the application, as applicable, of the other principles of Law 1581 of 2012, other than the principle of freedom. According to the Superintendency of Industry and Commerce (SIC), "the public nature of the data contained in a database allows for the processing of information without prior authorization from the data subjects; however, this does not exclude it from the application of Law 1581 of 2012, especially the principles on which it is based."
Furthermore, the Constitutional Court has affirmed that "public information is that which can be obtained without any restrictions, including public documents, in accordance with the mandate established in Article 74 of the Political Constitution. This information can be acquired by any person, without the need for any authorization." Thus, in light of constitutional jurisprudence, this type of information "can be obtained and offered without any restrictions and regardless of whether it is general, private, or personal information."
Therefore, this information does not require authorization from the owner of the personal data because it is information of a public nature or related to the profession or trade of the merchants as indicated in literal b) of article 10 of law 1581 of 2012, in accordance with numeral 2 of article 3 of decree 1377 of 2013 incorporated in DU 1074 of 2015-, as well as article 26 of the Commercial Code according to which "the commercial registry will be public".
8. DEFINITIONS
For the purposes of this Policy, the definitions set out in Law 1581 of 2012 will be taken into account.
1. Authorization: Prior, express and informed consent of the Holder to carry out the Processing of personal data.
2. Database: An organized set of personal data that is subject to processing.
3. Personal Data: Any information linked to or that can be associated with one or more specific or identifiable natural persons.
4. Public Personal Data: This refers to data classified as such according to the mandates of the law or the Political Constitution, and all data that is not semi-private or private. Public data includes, among others, data contained in public documents, public registries, official gazettes and bulletins, and duly executed judicial rulings that are not subject to confidentiality; data relating to a person's marital status, profession or occupation, and their status as a merchant or public servant. Personal data existing in the commercial registry of the Chambers of Commerce is also public (Article 26 of the Commercial Code). This data may be obtained and offered without any restriction, regardless of whether it refers to general, private, or personal information.
5. Private personal data: This is data that, due to its intimate or confidential nature, is only relevant to the data subject. Examples: merchants' books, private documents, information obtained from a home inspection.
6. Semi-private personal data: Semi-private data is data that is neither intimate, confidential, nor public in nature and whose knowledge or disclosure may be of interest not only to its owner but to a certain sector or group of people or to society in general, such as, among others, data relating to compliance and non-compliance with financial obligations or data relating to relations with social security entities.
7. Sensitive Data: This refers to data that affects the privacy of the Data Subject and may lead to discrimination, such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, membership in social or human rights organizations, as well as data concerning health, sex life, and biometric data. This type of data constitutes a special category of personal data and therefore requires enhanced protection and special considerations when requesting authorization for its processing.
8. Processor: Natural or legal person, public or private, who, alone or in association with others, carries out the processing of personal data on behalf of the Data Controller.
9. Policies on the Treatment of Personal Data Protection: This refers to this document.
10. Data Controller: A natural or legal person, public or private, who, alone or jointly with others, determines the purposes and means of the processing of personal data. In this case, MOPA SAS.
11. Data Subject: Natural person whose Personal Data is subject to Processing.
12. Processing: Any operation or set of operations performed on personal data, such as collection, storage, use, circulation or deletion.
13. Consultation: Request from the data subject or persons authorized by the data subject or by law to know the information held about him or her in databases or files.
14. Claim: Request from the data subject or persons authorized by the data subject or by law to correct, update or delete their personal data.
15. Data Controller: The person who decides on, among other things, the collection and purposes of the processing. This could be, for example, the company that owns the database or information system containing personal data.
16. Data subject: The natural person to whom the data refers.
17. Processing: Any operation or set of operations performed on personal data, including, but not limited to, collection, storage, use, circulation or deletion of such information.
18. Transmission: Processing of personal data that involves the communication of the same within (national transmission) or outside of Colombia (international transmission) and that has the purpose of carrying out a processing by the Processor on behalf of the Controller.
19. Transfer: Processing of personal data that involves the communication or sending of the same within (national transfer) or outside of Colombia (international transfer) and that has the purpose of carrying out a processing by another Data Controller.
9. PRINCIPLES
The processing of personal data must be carried out respecting the general and special rules on the matter and for activities permitted by law.
The development, interpretation and application of this personal data processing policy will be carried out in a harmonious and comprehensive manner with the following principles:
1. Freedom: Unless otherwise provided by law, data collection may only be carried out with the prior, express, and informed consent of the data subject. Personal data may not be obtained or disclosed without the prior consent of the data subject, or in the absence of a legal or judicial mandate that waives the requirement for consent.
2. Limitation of collection: Only personal data strictly necessary for the purposes of the processing should be collected. The recording and disclosure of data that is not closely related to the objective of the processing is prohibited. Consequently, every reasonable effort must be made to limit the processing of personal data to the minimum necessary. Therefore, the data must be: (i) adequate, (ii) relevant, and (iii) appropriate to the purposes for which they were collected.
Purpose: Personal data must be processed for a specific and explicit purpose authorized by the data subject or permitted by law.
Time frame: Personal data will only be kept for the time necessary to fulfill the purpose of the processing and the legal requirements or instructions of the supervisory and control authorities or other competent authorities.
Non-discrimination: It is prohibited to carry out any act of discrimination based on information collected in the databases.
Accuracy: All information subject to processing must be truthful, complete, accurate, up-to-date, verifiable, and understandable. The processing of partial, incomplete, fragmented, or misleading data is prohibited.
Security: Each person at MOPA SAS must comply with the technical, human and administrative measures established by the company to ensure the security of personal data, preventing its alteration, loss, consultation, use or unauthorized or fraudulent access.
Transparency: The right of the data subject to obtain, at any time and without restrictions, information about the existence of data concerning him or her must be guaranteed.
Restricted access: Access to personal data will only be enabled for the following people:
To the data subject.
Persons authorized by the data subject.
Persons who are legally authorized or have access to the information of the data subject.
Restricted circulation: Personal data can only be sent to the following people:
To the data subject.
Persons authorized by the data subject.
Persons who are legally authorized or have access to the information of the data subject.
For the latter case, the Constitutional Court establishes that it proceeds as follows:
First, the public or administrative entity must justify its request by indicating the link between the need to obtain the data and the fulfillment of its constitutional or legal functions.
Second, with the delivery of the information, the public or administrative entity will be informed that it must comply with the duties and obligations imposed on it by Law 1581 of 2012. Likewise, the receiving administrative entity must comply with the obligations of protection and guarantees, especially the principles of purpose, legitimate use, restricted circulation, confidentiality and security.
Confidentiality: Any person involved in the processing of personal data that is not of a public nature will be obliged to guarantee the confidentiality of the information, even after their relationship with any of the tasks involved in the processing has ended.
10. THE PROCESSING TO WHICH THE PERSONAL DATA WILL BE SUBJECTED AND ITS PURPOSE.
Personal data will be processed fairly and lawfully for the purpose of: i) Clients:
1. For the development or control of the commercial relationship between the DATA SUBJECT and MOPA SAS
2. Billing and collection management.
3. Confirm the data necessary for the delivery of products and/or provision of services.
4. Carry out the procedures for handling requests, complaints and claims submitted to the Company.
5. Confirm product purchases made via the web or by any other non-traditional method.
6. Evaluate the quality of our products and services.
7. Conduct satisfaction surveys
8. Prepare market studies that allow establishing consumer preferences or determining payment habits.
9. Sending information through different means, about events, activities, products, services and in general, information associated with the Company's activity.
10. Manage procedures such as requests, complaints and claims.
11. Conduct satisfaction surveys regarding the goods and services of MOPA SAS
12. Provide and evaluate Legal, Reputational and Marketing information of companies to increase customer knowledge and minimize financial and commercial risks.
13. With respect to the data (i) collected directly at the security points, (ii) taken from the documents that people provide to the security personnel and (iii) obtained from the video recordings that are made inside or outside the facilities of the Data Controller, these will be used for security purposes of the people, property and facilities of the Data Controller and may be used as evidence in any type of process.
14. ii) SUPPLIERS:
15. Verify compliance with the entity's policies regarding the selection and contracting of suppliers.
16. To satisfy the legitimate interests arising from the relationship established or planned to be established with the suppliers.
17. To manage and operate the contracted product or service, which includes, among other aspects, the handling and accounting registration of the operations that take place during the life of the contract, as well as all those that are carried out for the termination, closure or liquidation of the same.
18. Document the existing relationship and verify the execution and compliance of the contract.
19. Verify compliance with the agreements and commitments assumed under the existing relationship.
20. Verify and confirm the identity of the supplier and make contact with them.
21. To send commercial information about the products or services that MOPA SAS provides in the development of its corporate purpose through the channels that it establishes, such as; the telephone channel (automated or not), electronic means of communication such as data messages, email, fax, and any other that exists by virtue of advances in technology or communication.
22. To structure and make known commercial offers of a general or specific nature, as well as to contact suppliers for such purposes, even after the relationship with MOPA SAS has ended if they so authorize.
23. Adopt measures aimed at preventing illicit activities.
24. To carry out the activities inherent to the purpose of MOPA SAS and those derived from the normal relationship with suppliers of goods or services or a third party with whom it enters into collaboration agreements.
25. To file complaints, reports or reports with the competent authorities or entities in case of breach of contract.
26. To supply and evaluate Financial, Commercial, Legal, Reputational and Marketing information of companies and entrepreneurs to increase knowledge of suppliers and minimize financial and commercial risks.
27. Activities related to billing, collection, persuasive collection, legal or pre-legal collection.
28. Manage procedures such as requests, complaints, or claims.
- EMPLOYEES:
1. The data collected through the completion of forms or with the delivery of documents - resumes, attachments - will be treated fairly and lawfully for all matters related to legal or contractual labor issues.
2. Carry out the necessary activities required in the pre-contractual, contractual and post-contractual stages with MOPA SAS
3. Comply with the Laws, including those of labor law, social security, pensions, occupational risks, Comprehensive Social Security System, and taxes.
4. Comply with the instructions of the competent judicial and administrative authorities.
5. To access, consult, validate or corroborate your personal data (private, semi-private, sensitive or reserved) that rests or is contained in databases or files of other employers or any Public or Private Entity, whether national, international or foreign.
6. Manage procedures such as requests, complaints and claims.
1. FORMER EMPLOYEES:
1. Information on former employees is stored for the purpose of document preservation and archiving of information related to social security, pension and employment history aspects, for the term established in labor law.
2. VISITORS: Visitor information will be processed to keep track of people entering MOPA SAS facilities.
11. RIGHTS OF THE HOLDERS
In accordance with Article 8 of Law 1581 of 2012, the Owner of Personal Data processed by MOPA SAS will have the following rights:
To know, update, and correct personal data. For this purpose, it is necessary to first establish the identity of the person to prevent unauthorized third parties from accessing the data of the data subject.
- Obtain a copy of the authorization.
- Inform about the use that MOPA has made of the holder's personal data.
- Process inquiries and complaints following the guidelines established in the law and in this policy.
- Access the request for revocation or deletion of the authorization of personal data when the Superintendency of Industry and Commerce has determined that in the Processing by MOPA SAS has incurred conduct contrary to Law 1581 of 2012 or the Constitution.
The request for deletion of information and revocation of authorization will not be granted when the holder has a legal or contractual duty to remain in the database of the Controller or Processor.
- Access your personal data free of charge. The information requested by the data subject may be provided by any means, including electronic means, as required by the data subject. The information must be easily readable, without technical barriers that impede access, and must correspond in its entirety to that held in the database.
In accordance with Article 20 of Decree 1377 of 2013, the aforementioned Rights may be exercised (i) By the Holder, who must sufficiently prove his identity through the various means made available by the Responsible; (ii) By his successors, who must prove such status; (iii) By the representative or attorney of the Holder, after proof of representation or power of attorney; (iv) By stipulation in favor of another or for another.
12. DUTIES OF MOPA SAS WHEN ACTING AS THE CONTROLLER OF PERSONAL DATA.
All those required to comply with this policy must bear in mind that MOPA SAS is obligated to fulfill duties imposed by law. Therefore, they must act in such a way as to comply with the following obligations:
- Duties of MOPA SAS with respect to the data subject:
1. Request and keep, under the conditions provided in this policy, a copy of the respective authorization granted by the Owner.
2. Inform the Data Subject clearly and sufficiently about the purpose of the collection and the rights they have by virtue of the authorization granted.
3. Guarantee the Holder the full and effective exercise of the right of habeas data, that is, to know, update or rectify their personal data.
4. Inform the Data Subject, upon request, about the use given to their personal data.
5. Process inquiries and complaints made in accordance with the terms set out in this policy.
-MOPA SAS's duties regarding the quality, security and confidentiality of personal data:
1. Observe the principles of truthfulness, quality, security and confidentiality as set forth in this policy.
2. Keep the information under the necessary security conditions to prevent its alteration, loss, unauthorized or fraudulent access, use, or disclosure. C. Update the information when necessary.
3. Rectify personal data when appropriate.
- Duties of MOPA SAS when carrying out the treatment through a Processor:
1. Inform the Data Controller when certain information is under discussion by the Data Subject, once the complaint has been filed and the respective process has not been completed.
2. Provide the Data Processor only with personal data whose processing has been previously authorized.
3. Ensure that the information provided to the Data Processor is truthful, complete, accurate, up-to-date, verifiable and understandable.
4. In a timely manner, inform the Data Controller of any changes to the data previously provided and take all other necessary measures to ensure that the information provided to the Data Controller remains up to date.
5. Inform the Data Controller in a timely manner of any corrections made to personal data so that they can make the necessary adjustments.
6. Require the Data Processor at all times to respect the security and privacy conditions of the Data Subject's information.
- Duties of MOPA SAS with respect to the Superintendency of Industry and Commerce:
1. Inform them of any potential violations of security codes and any risks in the management of the information of the Data Subjects.
2. Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.
13. PROCEDURES FOR THE PROCESSING OF PERSONAL DATA
MOPA SAS has implemented security measures applicable in a general and specific way to the Databases.
For the Processing of Sensitive Data, MOPA SAS will inform the Data Subjects: (i) that, because it is this type of data, they are not obliged to authorize its Processing and (ii) will inform which Data are Sensitive and the purpose of the Processing.
14. INTERNATIONAL TRANSFER OF PERSONAL DATA
If data is sent or transferred to another country, it is essential to obtain the authorization of the data subject whose information is being transferred, unless otherwise stipulated by law. Therefore, before sending personal data to Data Controllers located in another country, those obligated to comply with this policy must verify that they have the prior, express, and unequivocal authorization of the data subject to transmit their personal data.
15. INTERNATIONAL AND NATIONAL DATA TRANSMISSIONS TO PROCESSORS
When the Data Controller wishes to send or transmit data to one or more processors located within or outside the territory of the Republic of Colombia, it must do so through contractual clauses or through a personal data transfer agreement in which, among other things, the following is agreed:
1. The scope of the treatment.
2. The activities that the Processor will carry out on behalf of the Controller.
3. The obligations that the Processor must fulfill with respect to the Data Subject and the Controller.
4. The obligation of the Processor to comply with the obligations of the Controller in accordance with this policy
5. The duty of the Data Processor to process the data in accordance with the purpose authorized for it and observing the principles established in Colombian law and this policy
6. The obligation of the Processor to adequately protect personal data and databases and to maintain confidentiality regarding the processing of transmitted data.
7. PROCEDURES FOR DATA SUBJECTS TO EXERCISE THEIR RIGHTS
The procedures for data subjects to exercise their rights to know, update, rectify and delete information or revoke authorization are detailed below.
The rights of the Holders may be exercised by the following persons authorized in accordance with article 20 of decree 1377 of 2013 -Incorporated in DU 1074 of 2015- as follows:
1. By the Data Subject, who must sufficiently prove their identity through the various means made available by the Data Controller
2. By their successors, who must prove such status.
3. By the representative or agent of the Holder, upon prior accreditation of the representation or power of attorney
4. By stipulation in favor of another or for another.
The following person or area of the Data Controller will be responsible for fulfilling the data protection function and processing requests from data subjects: MOPA SAS Customer Service
17. CONSULTATIONS
All inquiries made by the owner or their successors to find out the personal data held by MOPA SAS will be channeled through info@mopamoda.com.
To request information on this matter, you will need to provide proof of the following:
- Date the inquiry was received.
- Applicant's identity.
Once the identity of the data subject has been verified, all the required personal data information will be provided. The response to the inquiry must be communicated to the requester within a maximum of ten (10) business days from the date of receipt. If it is not possible to respond to the inquiry within this timeframe, the interested party will be informed of the reasons for the delay and the date on which their inquiry will be addressed, which in no case may exceed five (5) business days following the expiration of the initial ten-day period.
18. CLAIMS
Claims are intended to correct, update, or delete data or to raise a complaint for the alleged breach of any of the duties contained in Law 1581 of 2012 and in this policy.
All complaints will be received via info@mopamoda.com. If the competent person is a third party, the complaint will be forwarded to them within a maximum of two (2) business days, and they will inform the interested party of the situation.
MOPA SAS will have an information system or database to keep a record of all actions taken regarding each claim, in which the following will be noted, among other things:
- Date the claim was received.
- Name of the MOPA SAS person in charge of responding to the complaint.
- Name and address of the holder or the person making the claim.
- Description of the events that give rise to the claim.
- Documents that the Holder attaches to be taken into account in the claim (optional).
To process these requests, the Data Subject must submit a request indicating the following:
- Identification and address of the Holder.
- Description of the events that give rise to the claim.
- Documents that the Holder attaches to be taken into account in the claim (optional).
If the claimant's claim is incomplete, the claimant will be required to correct the deficiencies within five (5) days of receiving the claim. If the claimant fails to provide the required information within two (2) months of the date of the request, the claim will be considered withdrawn.
If the claim is complete, a note stating "claim in process" and the reason for the claim will be added to the database or information system within no more than two (2) business days. This note must remain until the claim is resolved.
The maximum time to address the claim will be fifteen (15) business days, starting from the day after the date of receipt. If it is not possible to address the claim within this period, the interested party will be informed of the reasons for the delay and the date on which their claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the initial period.
Complaints regarding personal data will be received by the Customer Service area, which can be contacted through:
Name: MOPA MODA SAS
Address: Calle 19 #20-57, San Francisco.
Email: info@mopamoda.com
WhatsApp: (57)3186376899
Website: www.mopamoda.com
19. DEMONSTRATED RESPONSIBILITY REGARDING THE PROCESSING OF PERSONAL DATA
MOPA SAS will take the necessary steps to demonstrate to the Superintendency of Industry and Commerce (SIC), if required, that it has implemented appropriate and effective measures to comply with its legal obligations regarding the processing of personal data. These measures will be consistent with the instructions of the SIC and the mandates of Articles 26 and 27 of Decree 1377 of 2013 and Decree 1074 of 2015.
20. VALIDITY
The effective date of this policy, update and validity period of the database is from November 22, 2022.
Consumer Protection Policy Mopa Moda SAS
MOPA MODA SAS is a virtual business establishment in the city of Bucaramanga created under Colombian regulations.
This consumer protection policy is governed, in addition to the provisions of the Political Constitution, Law 1480 of 2011, and other complementary regulations on the matter, by the following provisions:
RESPONSIBLE The responsible party for this policy is the company MOPA SAS, identified with tax identification number 901167155-9, who will henceforth be referred to as "the responsible party" or "the company".
PRINCIPLES This policy is inspired by the following principles:
Transparency: This policy will be communicated through the established channels. The terms and conditions contained herein will be published to ensure compliance with the duty to inform and protect the rights of consumers of the MOPA MODA S.AS brand.
Safety: This policy will guarantee the safety and security of consumers of the products offered by MOPA MODA SAS, who will maintain high standards and good practices in the production and marketing of the goods offered to the public.
Legal compliance: This policy will guarantee compliance with the regulatory legal framework of MOPA MODA SAS in matters of consumer protection, for which verifiable procedures and measures have been adopted that will guarantee the rights of consumers under standards of quality and social responsibility.
DEFINITIONS For the purposes of this policy, the following definitions shall apply:
Quality: The condition in which a product fulfills its inherent characteristics and those attributed by the information provided about it.[1]
Consumer or User: Any natural or legal person who, as the final recipient, acquires, enjoys, or uses a particular product, whatever its nature, to satisfy a personal, private, family, or domestic need, or a business need when it is not intrinsically linked to their economic activity. The concept of user is understood to be included in the concept of consumer.[2]
Contract of adhesion: One in which the clauses are arranged by the producer or supplier, so that the consumer cannot modify them, nor can do anything other than accept or reject them.[3]
Warranty: A temporary, joint and several obligation of the producer and the supplier to guarantee the good condition of the product and its conformity with the legally required or offered conditions of suitability, quality, and safety. The legal warranty will not entail any additional consideration beyond the price of the product.[4]
Suitability or efficiency: The product's ability to satisfy the need or needs for which it has been produced or marketed.[5]
Information: All content and form of making known the nature, origin, method of manufacture, components, uses, volume, weight or measure, prices, method of use, properties, quality, suitability or quantity, and any other relevant characteristic or reference regarding the products that are offered or put into circulation, as well as the risks that may arise from their consumption or use.[6]
Product: Any good or service.[7]
Producer: Anyone who habitually, directly or indirectly, designs, produces, manufactures, assembles, or imports products. Anyone who designs, produces, manufactures, assembles, or imports products subject to technical regulations or sanitary or phytosanitary measures is also considered a producer.[8]
Promotions and offers: Temporary offering of products under special favorable conditions or free of charge as an incentive for the consumer. The offering of products with additional content beyond the usual presentation, free of charge or at a reduced price, as well as any promotion made through consumer incentive systems such as raffles, sweepstakes, contests, and similar activities, in cash, in kind, or through the accumulation of points, will also be considered a promotion.[9]
Supplier or vendor: Anyone who habitually, directly or indirectly, offers, supplies, distributes or markets products with or without profit motive.[10]
Advertising: Any form and content of communication that aims to influence consumer decisions.[11]
Deceptive advertising: Advertising whose message does not correspond to reality or is insufficient, so that it induces or may induce error, deception or confusion.[12]
Safety: The condition of a product such that, under normal conditions of use, taking into account its lifespan, the information provided in accordance with this law, and, where applicable, its commissioning, installation, and maintenance, it does not present unreasonable risks to the health or safety of consumers. If the product does not comply with safety requirements established in technical regulations or sanitary measures, it shall be presumed unsafe.[13]
Distance sales: These are sales made without the consumer having direct contact with the product being purchased, which occur through means such as mail, telephone, virtual catalog or via electronic commerce.[14]
A defective product is any movable or immovable good which, due to an error in design, manufacture, construction, packaging or information, does not offer the reasonable safety to which every person is entitled.[15]
MOPA SAS'S DUTIES TOWARDS ITS CONSUMERS In addition to those stipulated by law, MOPA MODA SAS commits to its consumers to:
-Establish technically verifiable procedures and measures for the protection of its consumers.
-Guarantee the rights of consumers of the goods offered.
-Maintain standards of good practices and quality during the production and marketing of the products offered.
-Inform consumers fully about the existence of this policy and its terms and conditions.
QUALITY STANDARDS AND GOOD PRACTICES In order to guarantee the safety and integrity of MOPA MODA SAS consumers, quality standards and good practices will be adopted in the production and marketing of the products, giving precedence to the health and personal integrity of potential consumers and to the care of the environment.
PRODUCT SIZES: When selecting a product, the Customer must choose and select the size on the website. It is the Customer's responsibility to carefully review the information provided on the website, social media, and the company's portal. If they have any questions, they should request the necessary information through any of the communication channels provided in this consumer protection policy.
Regarding sizes, MOPA MODA SAS is committed to informing its consumers of the corresponding size chart and measurements for each product offered.
COLORS: The color of the products may change or vary due to factors such as light, contrast, screen quality on which they are viewed, among others.
OUT OF STOCK: The Customer acknowledges and accepts that at the time of product selection on the website, and while payment is being processed, the product may become out of stock. Therefore, MOPA MODA SAS is authorized to cancel the transaction and refund the money paid for the out-of-stock item. Should this occur, the company will promptly inform the buyer, without incurring any liability or obligation to provide compensation for damages.
RETURNS, EXCHANGES, AND WARRANTY POLICY Returns: MOPA MODA SAS guarantees the right of withdrawal for its customers, except for goods that, by their nature, should not be returned, such as underwear, swimwear, shapewear, hosiery, accessories, as well as those made according to the customer's specifications or clearly personalized. In any case, the company will inform customers on its website and social media about products that are not subject to exchanges or returns.
For the return to be processed, the product must not show signs of use, dirt or wear, be damaged or deteriorated, and in addition to the above, it is necessary that the product retains its original label.
In accordance with Law 1480 of 2011, the costs of transportation and other expenses related to the return of the product will be covered by the consumer.
In these cases, the consumer must return the product within 8 days of receiving it. It is important to clarify that this return must be made using the same method and in the same condition in which it was received by the buyer, prioritizing the communication channel outlined in this policy.
EXCHANGES: Exchanges will be accepted in cases where the product and the chosen size are not to the customer's satisfaction, as well as when there are defects in quality or suitability that allow the product warranty to be requested.
- Size Exchanges: To be eligible for a size exchange, the product cannot be a personal item such as: white clothing, underwear, swimwear, hosiery, or accessories. The product being exchanged must be unused, with tags intact, and in its original packaging, the latter being required if the size difference was immediately apparent. The customer will have 8 calendar days from the date of delivery to exchange the product for another item of the same value from the store.
- Exchange due to defects in quality and suitability: For a warranty exchange to be valid, the product must have defects in quality or suitability; that is, it must have manufacturing or workmanship defects, and/or be entirely unsuitable for its intended use. To exchange the product, the consumer must contact MOPA MODA SAS through the established communication channels.
-Exchanges due to circumstances other than a defective product: The customer will be free to choose between an exchange for another product of equal value or a coupon redeemable during the two months following its purchase.
-Exchange for defective product: the exchange for a defective or poor quality product may allow the customer to choose between, the exchange for another product of equal value, the exchange for a coupon redeemable during the three months after the purchase, or a refund of the money paid.
WARRANTIES: Unless otherwise expressly stated by MOPA MODA SAS for each product, the warranty for the goods offered will be 90 days. Likewise, the warranty will not cover defects and damage duly reported to the customer prior to purchase.
MOPA MODA SAS's PRICING AND PAYMENT POLICY guarantees financial security in transactions carried out on its website, employing the necessary protocols in accordance with MOPA MODA SAS's policy for the processing and protection of personal data.
In this regard, our store will offer a variety of payment methods, always informing our customers about them. All product prices listed on the website are in Colombian pesos and correspond to the unit price of each product. They do not include shipping costs or any other additional expenses.
Additional expenses, such as taxes or shipping costs incurred due to the purchase, will be indicated and reported in the Order Form, after its prior acceptance.
The Customer may request a refund for a product purchased directly through the Portal if the product is not received, does not match the order, or is defective. If the customer detects a fraudulent transaction, meaning their credit or debit card was charged for an order made out to MOPA MODA SAS, they must contact the issuing bank to report the incident and obtain a refund.
INVOICING The sales invoice with the details of the transaction made by the buyer will be issued and sent electronically to the customer's registered email address.
MOPA MODA SAS's DELIVERY AND SHIPPING POLICY commits to providing detailed information for each of its products regarding estimated delivery and shipping times, as well as any additional costs. However, it is important to note that in cases of force majeure or unforeseen circumstances, the estimated delivery time and cost may vary, and the customer will be notified accordingly.
PROMOTIONS AND ADVERTISING All promotions and advertisements by MOPA MODA SAS are subject to the terms and conditions of this consumer protection policy. The store will keep its customers informed about the specific details of each offer, promotion, and/or advertisement, as well as the periods during which they are valid. In accordance with the principle of transparency in its operations, MOPA MODA SAS will refrain from issuing and publishing misleading advertising about its products.
CUSTOMER SERVICE CHANNEL The channel provided by MOPA MODA SAS, to resolve procedures for returns, exchanges, claims on warranties and other rights under your ownership as a consumer will be resolved in the following contact channels: info@mopamoda.com or WhatsApp: 3186376899.
In the event of a substantial change in our policies, MOPA MODA SAS will promptly notify data subjects through the contact methods provided by the data subjects.
EFFECTIVE DATE This policy is effective from November 22, 2022.
RIGHT OF WITHDRAWAL At MOPA MODA SAS, we are concerned about clarifying any doubts you may have regarding your rights as a consumer.
Article 47 of Law 1480 of 2011 stipulates that the Right of Withdrawal applies to sales made using distance methods; therefore, MOPA MODA SAS will receive this withdrawal through the following channels:
Email: mopamodaservicioalcliente@gmail.com
WhatsApp: 3186376899
The right of withdrawal will be applicable as long as the request is notified to us within five (5) business days following the date of delivery of the goods.
Do you know what the right of withdrawal is?
The right of withdrawal is the opportunity you have as a customer to request the return of the product received or the full amount of the money paid, within a maximum term of five (5) business days following the delivery of the product.
What are the requirements?
-The product must be new, unopened, without signs of use, with all its original packaging, accessories, security seals and labels.
-For hygiene reasons, we do not accept returns of underwear, bodysuits, swimwear, earrings, among other items.
-Please note that we do not accept returns of clothing items that have been altered in any way.
-If the product presents any quality issue not reported at the time of delivery, the item will be sent to an Authorized Service Center for a technical diagnosis, in which case a response will be provided in accordance with the deadlines stipulated by Law 1480 of 2011 (Articles 7 to 12), for the warranty process, and information will be provided regarding the applicability or not of the Right of Withdrawal.
The refund of money in exercise of the Right of Withdrawal will be made no later than thirty (30) calendar days from the moment the right was exercised, and there will be no discount or retention to be applied.
According to Law 1480 of 2011, the Right of Withdrawal is not applicable in the following events:
-Contracts for the supply of goods or services whose price is subject to
fluctuations in financial market coefficients that the producer cannot control.
-Contracts for the supply of goods made to the consumer's specifications or clearly personalized.
-In supply contracts, goods that, by their nature, cannot be returned or may deteriorate or expire rapidly.
-In contracts for the acquisition of personal use goods, such as underwear and swimwear.
Delivery Coverage
Below is a list of municipalities where we have coverage for delivering products purchased at www.mopamoda.com, on Instagram mopamodaa, on Facebook Mopa moda or on Whatsapp: 3186376899.
BOGOTA: 3 TO 8 BUSINESS DAYS
TRANSPORT COMPANY: SERVIENTREGA
CARTAGENA: 3 TO 8 BUSINESS DAYS
TRANSPORT COMPANY: SERVIENTREGA
CALI: 3 TO 8 BUSINESS DAYS
TRANSPORT COMPANY: SERVIENTREGA
MEDELLIN: 3 TO 8 BUSINESS DAYS
TRANSPORT COMPANY: SERVIENTREGA
BARRANQUILLA: 3 TO 8 BUSINESS DAYS
TRANSPORT COMPANY: SERVIENTREGA
BUCARAMANGA: 3 TO 8 BUSINESS DAYS
TRANSPORT COMPANY: SERVIENTREGA
OTHER MUNICIPALITIES: 5 TO 8 BUSINESS DAYS, SPECIAL ROUTES
TRANSPORT COMPANY: SERVIENTREGA
1. SHIPPING AND DELIVERY OF PRODUCTS
MOPA SAS undertakes to ship and deliver its products exclusively to the areas and locations accessible through its distribution network or the contracted transport company at the time of shipment. Consequently, MOPA SAS may refuse to accept a purchase offer when the address registered by the Customer for delivery is not within MOPA SAS's geographic areas. To find out which locations are available for product delivery, the Customer can request information via email at info@mopamoda.com.
2. CONDITIONS FOR DELIVERY OF THE PRODUCT TO THE ADDRESS REGISTERED BY THE CUSTOMER
MOPA MODA SAS will deliver the products to the address registered by the customer at the time of purchase, for which the registered address must have a street name.
Shipping cost: Once the product delivery location has been indicated, customer service may inform you if there is an additional shipping cost and what it is; otherwise, it will be understood to be included in the purchase.
Delivery: Products will be delivered to the address registered or provided by the Customer at the time of purchase, within a maximum of eight (8) business days from the date of payment confirmation. This timeframe may vary during special events such as Black Friday, VAT-free days, and others coinciding with the purchase. In such cases, the Customer will be informed prior to the transaction, along with the new maximum delivery timeframe. Should events beyond the control of MOPA SAS, such as force majeure or acts of God, delay product delivery after the purchase, MOPA SAS will notify the Customer and arrange a new delivery date.
Products will be delivered Monday through Friday during the day.
Product receipt requirements: Products must be received by the purchaser or by the person they registered as the authorized recipient at the time of purchase, who in no case may be a minor. Under no circumstances will the product be delivered to a person not authorized on the purchase form.
If no one is available to receive the order at the address registered by the customer, the shipping company will return the products. Therefore, to arrange for reshipment, the customer must contact MOPA SAS within five (5) calendar days and will be responsible for the costs associated with this new shipment, which must be paid before the product is reshipped.
If you do not receive your order within the maximum valid business days, please contact us immediately through any of our official channels.
We encourage you to constantly review this document as we reserve the right to update, change and/or modify it.
Terms of Use of the Mopa Moda SAS Website
Welcome to www.mopamoda.com.co, hereinafter the “Website.” This Site has been created to provide information about our products, as well as to display and sell them online to people located in Colombia. The following terms and conditions apply to all visitors to this Website. Dear user or customer, by using this tool or our website, you implicitly, expressly, and unconditionally accept the terms of use of our Website and all other legal notices appearing on our website. The User or Customer understands and accepts that access to this Website, as well as the use that may be made of the services and information contained therein, is the sole responsibility of the user. MOPA MODA SAS will not be liable for any damages or losses arising from its malfunction.
It is important to remember that MOPA MODA SAS reserves the right to modify or update the terms herein at any time and without prior notice. Therefore, we suggest you review this section each time you use this website. If you do not agree with the terms set forth here, we kindly ask that you refrain from using our website.
To access our website, the Client or User must log in using security devices, taking the necessary precautions to prevent identity theft, misuse of their information by third parties, fraud, viruses, and similar threats. If our client has a username and password, this security device will be used solely to verify the User's identity. The Client is solely responsible for how they access their account, including data exchanges, inquiries, requests, or any other activity conducted under their account. Therefore, the User or Client assumes full responsibility for all operations performed through our website. By accessing this website, you, as users or Clients, accept responsibility for all operations, transactions, and/or magnetic records. The User or Client understands that they are responsible for ensuring their internet connection is reliable and secure.
1. RESPONSIBLE
This website is controlled and operated by MOPA MODA SAS, a legally constituted company with tax identification number 901167155-9, located in the Republic of Colombia and incorporated under the laws of that country. Website: www.mopamoda.com.
2. OBJECT
The main purpose of this website is to promote online purchases by its users by providing information on purchase procedures, services, and promotions, as well as offering support channels in case of need and requests for specific information.
3. LIMITATION OF LIABILITY
MOPA MODA SAS will under no circumstances be responsible for the content that Users or Clients may add to this tool or website. Therefore, we do not guarantee the accuracy, truthfulness, reliability, or timeliness of the information included on this website.
4. DEFINITIONS
- Website: E-commerce website through which products are displayed, in this case, products of MOPA MODA SAS and our website: www.mopamoda.com
- User or Customer: Any person who accesses our website or makes a purchase through it.
5. GENERAL INFORMATION
By accessing or using this Website, any person acknowledges having read, understood, and accepted the Terms and Conditions of Use of this Website in their entirety, as set forth in this document, as well as all other policies, legal notices, and regulatory content of the Website. Therefore, as a user, by accessing our Website, you agree to abide by the rights and obligations stipulated by Colombian law, as well as the Terms and Conditions of Use of the Website, and all other policies, rules, and principles that apply to this Website, the content of which is available for review on this Website. Furthermore, when you use any service provided on this Website, you will be immediately subject to the rules, guidelines, policies, terms, and conditions applicable to that service. Therefore, any person who accesses and uses this Website acknowledges having read and understood these Terms and Conditions, as well as the other policies, rules, and principles contained herein, and, as a sign of acceptance of the content and scope of all the foregoing, effectively accesses and uses this Website.
This website has been developed in compliance with the laws and regulations of the Republic of Colombia.
MOPA MODA SAS is not responsible for ensuring that the material on this website is appropriate or available for use in other countries. Anyone accessing this website from other locations does so on their own initiative and is responsible for complying with applicable local laws. Any claim relating to this website and its content is governed by the laws of Colombia. In any case, all access to and/or use of the website constitutes acceptance of and agreement to these Terms and Conditions, as well as the website's other policies, rules, and principles. Anyone who does not agree to comply with and be bound by these terms must refrain from accessing and/or using the website and any of its content or services.
By browsing our website, you understand that your content may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission.
Finally, MOPA MODA SAS warns you that some of the texts contained on the page, links and/or information included therein may not be up to date; therefore, MOPA MODA SAS will not be responsible for errors or omissions relating to information that is not its own, nor for damages or losses that may be caused as a result of information manipulated by third parties.
6. PROHIBITIONS ON USE
As a user and customer of our website: www.mopamoda.com, you are strictly prohibited from using our products for any illegal or unauthorized purpose. Likewise, it is strictly prohibited to violate any law while using the website.
The transmission of viruses or any code of a destructive nature is strictly prohibited. Therefore, if we find a breach of the above prohibition, we will take the appropriate legal action and immediately terminate your services.
It is absolutely prohibited to use any program, algorithm, software or method to access, interfere with, acquire, copy or monitor any content of this Website and its operations, as well as to attempt to gain privileged access to any part of the Website, including accessing or attempting to access servers or networks by any method, or scanning the Website for security vulnerabilities.
7. LEGAL CAPACITY OF THE USER
The services offered through this website are available exclusively to individuals who are legally capable of contracting our services under current Colombian law. Therefore, under no circumstances may individuals lacking legal capacity use this website. If the user accessing and using the website is a legal entity, the individual acting on its behalf must have the authority to contract on behalf of the company and the legal capacity to be bound by the website's terms and conditions.
8. PRODUCTS AND SERVICES
MOPA MODA SAS products and services may be modified or discontinued at any time. We reserve the right to limit the quantities of products or services we offer.
Please note that the product colors you see on your monitor depend on the technological characteristics of those devices. Therefore, MOPA MODA SAS does not guarantee that the color displayed on your monitor will be exactly the same as the actual product color. Despite our best efforts to show you our products as they appear in reality, and while we strive to display product images on the website with the greatest possible clarity, sharpness, and accuracy, the perceived color of the products will depend on the electronic devices you use when accessing this website. We are not responsible if the selected color does not meet your expectations as a customer or user.
Therefore, our images are for reference only, as are the outfits, sets, or clothing shown. Your purchase does not include accessories or items other than those described. Offers, products, or services on the website are void where prohibited. Expectations are subjective, so we do not guarantee that the quality of our products, information, services, or any purchased or obtained material will meet your expectations. We are not liable to any person for any product modification, price change, suspension, or discontinuation of products or services offered by MOPA MODA SAS.
9. PURCHASE PROCESS
We reserve the right to refuse any order you place with us. At our discretion, we may cancel or limit quantities purchased per person or per order. These restrictions may apply to orders placed under the same customer account or credit card, or orders that use the same billing and shipping address. In the event of an order cancellation, we will attempt to notify you via email or the phone number provided when you placed the order. We also reserve the right to limit orders that, in our judgment, appear to be placed by resellers or distributors.
When you place your purchase order, you agree to provide clear, accurate, up-to-date, and complete information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.
10. PRICE
The price of the products offered on our website is made up of the concepts borne by the User or Customer, which are: product value and taxes.
Due to the online nature of the website, product prices and availability may change at any time without prior notice. The price used to calculate payment and make the offer will be the price in effect at the time the order is confirmed on the www.mopamoda.com purchase form.
11. TERMS AND CONDITIONS OF THE PROMOTIONS
Our sales and promotions are valid while supplies last. Prices shown in promotions are subject to change without notice.
Items on SALE or on promotion do not have the option of a refund or exchange, except for legal guarantee and this will not apply when the condition of the product is informed and accepted by the buyer, user or customer.
The promotions that appear in our SALES section, or promotions in general and/or Purchase Vouchers are not cumulative with other promotions and/or discounts; likewise, none of our discounts or purchase vouchers are redeemable for cash.
Our prices may vary on the platforms due to catalog updates at any time; in such cases, the price to pay will be the one shown in the online store.
MOPA MODA SAS reserves the right to limit, change or terminate SALES, promotions or special offers at any time and without prior notice.
Shopping vouchers or gift cards
The following conditions apply to gift vouchers or gift cards, which are valid only in our online store. They cannot be combined with other discounts or exchanged for cash. They are not valid for non-textile products. To redeem this online discount, express authorization from MOPA MODA SAS is required. We are not responsible if a product does not meet the customer's expectations and, therefore, the voucher cannot be redeemed. Once the voucher's expiration date has passed, it will be considered expired and cannot be redeemed in the future.
The purchase voucher or gift card will be valid for one-time use in the online store.
12. AVAILABILITY OF OUR PRODUCTS
MOPA MODA SAS is responsible for updating this website and constantly reviewing the products displayed on it. However, during the purchase processes carried out by Users or Customers throughout the day, the availability of products may be affected. In such cases, we will inform the audience as soon as possible if a product is out of stock, or if the purchase has already been made, we will offer a product exchange, a voucher for future purchases, or a refund.
13. RETURNS AND EXCHANGES
At MOPA MODA SAS we have product return policies, which are applied ONLY and EXCLUSIVELY for reasons of: legal guarantee, size, the order arrived incomplete, it did not arrive within the established term, or when consumers wish to exercise their right of withdrawal.
For legal purposes, the following applies:
MOPA MODA SAS will guarantee the right of withdrawal of its consumers, except for those goods that by their nature should not be returned, such as underwear, swimwear, girdles, stockings, accessories, as well as those made according to the consumer's specifications or clearly personalized.
For the return to be processed, the product must not show signs of use, dirt or wear, be damaged or deteriorated, and in addition to the above, it is necessary that the product retains its original label.
For more information, visit our "Warranty and Exchange Policy" section available on our website: www.mopamoda.com.
14. RIGHT OF WITHDRAWAL
Article 47 of Law 1480 of 2011 establishes that the Right of Withdrawal applies to sales made using non-traditional or distance methods. Therefore, MOPA MODA SAS will accept withdrawal requests for distance purchases via email at info@mopamoda.com. Your right of withdrawal will be valid if the request is submitted within five (5) business days following the date of delivery of the goods.
Customers or users requesting to exercise their right of withdrawal must return the product in the same condition in which it was received. Therefore, the product must not show any signs of use or unsuitability issues not reported at the time of delivery. The customer will be responsible for all shipping and other costs related to the return. The product must also be returned with all original accessories and packaging.
If the product presents any quality issue not reported at the time of delivery, the item will be sent to an Authorized Service Center for a technical diagnosis, in which case a response will be provided in accordance with the deadlines stipulated by Law 1480 of 2011 (Articles 7 to 12), for the warranty process, and information will be provided regarding the applicability or not of the Right of Withdrawal.
In the event that there is a right to a refund of the money in the exercise of the Right of Withdrawal, it will be made no later than thirty (30) calendar days from the moment the right was exercised, and there will be no discount or retention to be applied.
According to Law 1480 of 2011, the Right of Withdrawal is not applicable in the following events:
Contracts for the supply of goods or services whose price is subject to fluctuations in financial market coefficients that the producer cannot control.
Contracts for the supply of goods made to the consumer's specifications or clearly personalized.
In supply contracts, goods that, by their nature, cannot be returned or may deteriorate or expire rapidly.
In contracts for the acquisition of personal use goods, such as underwear and swimwear.
15. REVERSIONS
In the event of requesting a payment reversal, it is important to know that sales made through our Website are considered sales made through electronic commerce mechanisms; therefore, in the payment process, a reversal of payments requested by the consumer may be requested when they are the victim of fraud, or it corresponds to an unsolicited transaction, or the purchased product is not received.
Procedure for requesting a payment reversal:
1. The consumer must file a complaint with MOPA MODA SAS within five (5) business days from the date of the fraudulent or unsolicited transaction, or the date on which the product should have been received. This complaint must be submitted via email to info@mopamoda.com.
2. Content of the complaint:
1. Substantiated reasons for the reversal request
2. The grounds invoked. These are:
-Object of Fraud.
-Product purchased not received.
1. The amount for which you are requesting the reversal and the payment instrument to which the transaction was charged.
2. MOPA MODA SAS will provide the consumer with proof of the complaint; if you do not receive it, please request it.
3. Likewise, within the same five (5) business days in which the consumer must file the complaint, they must notify the issuer of the electronic payment instrument used to purchase the product of the payment reversal request. This notification must contain the following:
- The reasons that justify the request for reversion.
- The cause invoked.
- Value for which the reversal is requested.
- Transaction identification.
- Identification of the payment instrument to which the transaction was charged.
- Supporting documentation or proof of filing the complaint with MOPA MODA SAS
PARAGRAPH: If the consumer of the goods is not the holder of the payment instrument, the holder must notify the issuer, while the consumer will file the complaint with MOPA MODA SAS
1. For any reversal MOPA MODA SAS, will have fifteen (15) business days from the moment the purchase reversal request is received.
16. PAYMENT
The price to be paid for each item purchased by a User will be the price set on the Website at the time the purchase offer is made. The User or Customer must choose the payment terms and conditions according to the payment methods available on the Website.
Once MOPA MODA SAS verifies the payment and the purchase request, the acceptance of said request will proceed.
Payment methods available on the Website:
- Credit card (Visa, MasterCard, American Express, Diners Club, Codensa) Savings account or checking account (PSE)
- Cash, through Baloto or Efecty. MOPA MODA SAS will provide the User or Customer with a reference number that must be used to make the payment within forty-eight (48) hours of receiving this reference. If payment is not made within this timeframe, the reference will expire and the products in the order will be released. Therefore, to purchase these products again, the User or Customer will have to restart the purchase process.
The purchase of products presented on this website is conditional upon the User or Customer choosing and accepting the terms and conditions of payment presented by the system, according to the payment methods previously described, by which payments can be made and accepted, and that the Customer or User has made effective payment of one hundred percent (100%) of the value of the selected merchandise.
You should know that even though we make a great effort to provide the Customer or User with a secure connection system for the purchase of our products, in no case will we be responsible for failures in the communications of banking or credit entities, nor for damages caused to Customers or Users due to an action or omission of any of the entities.
Once we verify payment of the total value of the product and shipping (when the latter has a cost); compliance with the other conditions to which this offer is subject and the transaction is approved, your purchase will be considered perfected.
MOPA MODA SAS will presume in good faith that it is contracting directly with a User or Client of legal age or with a duly authorized legal representative, therefore we will not assume any responsibility in case of impersonation.
Before purchasing your product, please note that to complete any purchase, it is essential that the customer register their email address, identify themselves, and provide the shipping information for the purchased products. This personal data will be processed as stipulated in our personal data processing policy, which is available on our website: www.mopamoda.com.
17. SOURCE OF INCOME
Users or Clients declare under oath that their income comes from lawful activities, and that they are not listed in national or international anti-money laundering databases, nor are they included in one of the two categories of money laundering - conversion or movement - and, consequently, they agree to answer to each person or party and third parties for all damages that may be caused as a result of this statement.
Likewise, it will be sufficient grounds to terminate the commercial or contractual relationship, without this generating any type of compensation to either of the Parties in the event that either of them has negative links or records or their income comes from illicit activities, will give rise to the termination of any commercial, civil or labor contract without prejudice to any compensation.
Furthermore, it is declared that with respect to our users or clients, there is no knowledge of any record of final sanctions or ongoing investigations. Likewise, there is no knowledge of any legal actions of a civil, criminal, administrative or fiscal nature or of any kind of proceedings by Colombian or foreign authorities related to illicit activities, as well as negative records in national or international lists for the prevention of assets or terrorist activities.
18. PERSONAL INFORMATION
The handling of your personal information through this website is governed by our Personal Data Processing Policy, which you can consult in the corresponding section. In any case where MOPA MODA SAS requests personal data from the User or Client, it will also request their authorization for the processing of said personal data. Therefore, by authorizing the processing of personal data, the User or Client accepts that MOPA MODA SAS may use their data for the purposes stated in the company's Personal Data Processing Policy.
PARAGRAPH: MOPA MODA SAS does not assume and will not assume any type of responsibility in the event that the User or Client has not promptly communicated the existence of the violation of their personal information, or when the User or Client has not duly communicated to the corresponding entities about the misuse, theft or robbery of the instruments provided by them to carry out transactions, or when there is misuse of their registration data.
In all cases, all Users and Clients of MOPA MODA SAS, especially users and clients who access or use this Website, agree to indemnify and hold harmless MOPA MODA SAS, its subsidiaries, controlling entities and all its personnel from any type of claim or legal action initiated by any person, in accordance with the situations mentioned above, due to the activities and content of this Website.
19. ADVERTISING AND LINKS
MOPA MODA SAS may send advertising information to portal users who have authorized it at the time of registration or updating of their data. The advertising information sent will indicate the conditions under which an offer is valid.
Certain content, products, and services available on our website may include third-party materials. Therefore, third-party links on this website may direct you to other third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or information provided or collected by these third parties, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites other than this website. Furthermore, we are not liable for any damages related to the use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Therefore, we recommend that you carefully review and understand the third party's policies and practices before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
We are absolutely exempt from any liability for damages of any kind that may be due to the use that users make with the contents of this page, as well as any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the contents.
Those accessing this page from countries other than Colombia do so on their own initiative and are responsible for strict compliance with applicable Colombian and international laws. We are not responsible for materials found on this page that may be inappropriate in other countries.
20. OUR COOKIES AND/OR TRACKING TECHNOLOGY
Cookies are small data files that websites, such as this website, or emails store in the browser and optionally on the hard drive in order to have information about the preferences of Users or Customers.
At MOPA MODA SAS, we use the services of a third party that installs cookies on the respective User or Client's system to obtain personally identifiable information. This is made known to the Users of this Website through this document; therefore, by accessing and browsing our website, they accept the use of cookies or any other tracking technology.
For more information, please consult our cookie policy, which can be found on our website: www.mopamoda.com, under “Cookies or Tracking Technology”. It is important to know that if MOPA MODA SAS collects information directly for its own use through any cookie or tracking technology, this data and information will be treated in the same way as personal data, all of the above being explained and notified to you, our Users and Clients, through our personal data processing policy.
21. LEGISLATION AND JURISDICTION
This document is governed by Colombian law and any case will be subject to it.
PARAGRAPH: In the event that any of the provisions contained in this document are considered null, illegal or ineffective, the validity, legality and enforceability or effectiveness of the rest of the provisions of this document will not be affected by said circumstance.
22. AGREEMENT
By browsing and using our services, you expressly agree that your use of the service is at your own risk. You also agree to these Terms of Service and the policies posted on this website, which govern our service and product sales. Therefore, in no event shall MOPA MODA SAS, nor its directors, employees, affiliates, contractors, suppliers, or service providers, among others, be liable for any damages, losses, claims, or direct, indirect, incidental, punitive, special, or other damages of any kind, including loss of profits, loss of revenue, loss of savings, loss of data, or replacement costs, whether based on contract, tort, or liability in any way, arising out of the use of any of our services or products purchased through us, including any errors or omissions in any content. Furthermore, you agree and accept that our liability will always be limited to the maximum extent permitted by Colombian law.
This entire agreement and understanding supersedes any prior agreements or communications. If you do not agree to the terms set forth herein, we kindly request that you refrain from using this Website.
23. USE OF PHOTOS ON OUR WEBSITE
You have authorized us to use your image on our website, specifically for displaying and purchasing products on this website, www.mopamoda.com. Therefore, your photo(s) will appear in our gallery and may be associated with our products. Furthermore, the use of your photo(s) is not linked to any monetary compensation from MOPA MODA SAS; we are therefore exempt from any payment for the use of your image. Your image may be removed from our website at any time if you request it through our official internal channels. The processing of your image will be governed by our personal data processing policy, which can be found on this website.
24. NOTIFICATIONS
MOPA MODA SAS will receive notifications at the email address info@mopamoda.com.
Mopa Moda SAS Cookies Policy
In accordance with the legislation on the protection and processing of personal data, Law 1581 of 2012 and Decree 1377 of 2013, and other regulations that modify, add to, or replace them, we inform you that we, MOPA MODA SAS, on our website www.mopamoda.com, use cookies and tracking technology or pixels, including third-party intervention. Therefore, below we present our cookie policy, which contains the necessary information that all website users should know about the use of cookies. Please note that MOPA MODA SAS may modify this document at any time and even implement more cookies or tracking technologies, so to stay informed, we recommend that you periodically review our policies.
On our website we use our own and third-party cookies to improve our services and their operation, as well as to optimize the experience of you, our users; in the same way, we use statistical information; and, we try to personalize the content we offer you, our users, based on an analysis of your browsing habits.
The purpose of this document is to help you understand how and why we use cookies and the options you have to manage them.
DEFINITIONS
E-commerce: refers to our website.
WHAT ARE COOKIES?
A cookie is a file or small data file that is downloaded to your computer, tablet, or any smartphone or device when you access certain websites. Cookies allow a website to store and retrieve information about the browsing habits of the user or their device and, depending on the information they contain and how you use your device, they can be used to recognize the user or customer, thus providing a better and more secure browsing experience. Cookies are associated with both anonymous users, that is, those who visit the websites without identifying themselves or registering, and those who do.
WHAT DO WE USE COOKIES FOR?
We use cookies and tracking technology that are strictly necessary for you to use our website and benefit from personalized options. In addition, we use cookies or tracking technology that collect website usage analytics data, which helps us improve our service to customers and users by measuring website usage and performance to optimize it.
Our sites may also contain social media links – Facebook. It's important to know that we are not responsible for, nor do we control, the cookies used by this website or any other external website. For more information about cookies from social media or other third-party websites, we advise you to review their respective cookie policies.
OUR COOKIES OR TRACKING TECHNOLOGY
Session cookies: These cookies exist only for the duration of the user's browsing session and are deleted upon closing. They store information that is only needed to provide the service requested by the user on a single occasion.
Mopa Cookies: These are cookies created by our website and are for our use only. For example:
- Techniques: These are those that control the loading of images that appear at the beginning of our page, based on the parameters created.
- Personalization: They allow our Users or Clients to access our services with some predefined features.
Analytics cookies: These allow us to track incoming traffic to our website and analyze the behavior of our customers or users on our website. They record when you first and last visited our website.
Third-party cookies: These are cookies created by third parties.
Social networks: We use Facebook cookies so that users can share website content on their social network.
Advertising cookies: These cookies manage the spaces that display our company's advertising to those who access our website or similar sites. They allow us to measure the effectiveness of our online campaigns and provide you with information of interest.
DISABLE COOKIES.
It's important to know that most internet browsers are configured to accept cookies by default. Please note that if you choose to remove cookies, this could affect the functionality of some services and may even affect some of our services.
The User can allow, block or delete cookies installed on their computer by configuring the options of the browser installed on their computer.
As a User you can delete and block all cookies or any other tracking technology used on this Website, but this could affect the quality of the website, as well as some of its content.
As a user, you can disable both the installation and use of cookies. To disable the installation and use of cookies, the user must follow the browser-specific procedure as indicated below:
-Internet Explorer: Tools/ Internet Options / Privacy/ Settings.
-Firefox: Tools / Options / Privacy / History / Custom Settings.
-Chrome: Settings /Show advanced settings / Privacy / Content settings.
-Safari: Preferences / Security.
THIRD-PARTY COOKIES.
Specifically, we use Facebook and Google services. Some cookies are essential for the site to function and for us to provide our services, so we recommend that you allow their use.
Information collected or used for our own benefit through cookies or other tracking technologies will be handled and processed in accordance with MOPA MODA SAS's personal data processing policy. For more information, you can visit our website for our personal data processing policy and privacy notice.
Most websites, our service providers, and we use cookies and other technologies to collect information.
VALIDITY
This policy will come into effect on January 19, 2023.