TERMS & CONDITIONS

Access and Use of the Page

These Terms and Conditions govern the access and use of the company’s website. By entering the website www.heraculture.com and buying products from the platform as well as on similar platforms of the same domain, is it implied that the User has read these Terms and Conditions and accepts them without any restriction. All website Users must be of legal age, if not, they must have the permission of their parents or tutors. If the User is a minor and makes a purchase, it is considered that the User has obtained permission to do so.

If the User requires more information, they can contact the customer service team by writing an email to daniela@culthera.comm

The company suggests to all Users to regularly check the Terms and Conditions before accessing the website as these may change. Changes in the Terms and Conditions will be notified on the website’s home page and will be adopted as soon as the change is reported.

Unless otherwise stated, the website and all materials on it, including text, images, illustrations, designs, icons, photographs, video clips, audio clips and other content, and copyrights, trademarks, trade dress and / or other property in such materials (Content), are owned, controlled or licensed by the company and its affiliates.

The website and its contents are intended for personal and non-commercial use only. Users may download or copy the Contents and other downloadable materials displayed on the website for personal use only. No right, title, or interest in any Content downloaded is transferred to the User as a result of such downloading or copying. The User may not reproduce (except as stated above), publish, transmit, distribute, display, modify, create derivative works, sell or exploit in any way any of the Content or the website.

Product Colors

The company has done its best to ensure that colors are displayed as accurately as possible but cannot guarantee that the Users´ computer monitor will accurately display true color. If the User has questions about the color of an item, the User can contact the customer service team at daniela@culthera.comm before placing an order.

Prices and Pricing Policies

The applicable prices are those indicated on the website on the date the order is placed. They are listed for each item and exclude applicable taxes and shipping costs. Once the User has completed the purchase order, and before making the payment, applicable taxes and shipping costs will be stated in a final overview that also includes the items purchased and the total price.

 Privacy

The company’s Privacy Notice and Cookie Policy apply to the use of the website, and its terms are part of these Terms and Conditions by this reference. See the Privacy Policies and Cookie Policies here: Privacy Policy Link. The User understands that the company may grant a public search engine operator´s permission to use devices to copy materials from the website for the sole purpose of creating publicly available search indexes of the materials, but not caches or archives of such materials. The company reserves the right to revoke these exceptions generally or in specific cases.

Account and Password:

The User is solely responsible for maintaining the confidentiality of the information required to access their account (username and password). Consequently, they are solely responsible for each and every activity that occurs from their account as a result of not keeping this information confidential and protected.

The User should notify the company as soon as possible about any security or confidentiality problem with their username or password, or activity in their account.

Applicable Law and Jurisdiction

These Terms and Conditions are governed by the laws of Colombia, without considering the conflict of laws rules or the United Nations Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the competent courts in the place of the company’s registered office, currently Cali, Colombia, will have exclusive jurisdiction with respect to any dispute arising from the Terms and Conditions, and the User’s use of the website, subject to the right to prosecute the User in their place of domicile or residence.

 Force Majeure

The performance of the company with all or part of its obligations will be suspended in case of unforeseeable events or force majeure that prevents or delays performance. These events will include, but are not limited to, wars, riots, uprisings, pandemics, local disease outbreaks, social unrest, strikes of any kind, and supply problems that cannot be attributed to the company. The company will try to communicate these events or force majeure as soon as possible. If a suspension lasts for a period that exceeds 30 days, the Clients will have the possibility to cancel their orders in progress and receive a refund according to these Terms and Conditions.

Severability

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will remain valid and enforceable.

 Indemnity

• The User agrees to indemnify and hold the company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, excluded from any claim, loss, liability or expense (including attorney’s fees) , made against the company by any third party due to or arising out of or in connection with the User’s use of the website or the violation of these Terms and Conditions.
• The consumer agrees that if the company does not exercise or enforce any right or legal remedy contained in these Terms and Conditions (or from which the company benefits under any applicable law), this will not be considered a formal waiver of the company’s rights and that those rights or remedies will still be available to the company.

PRIVACY POLICY

At CULTHERA, the protection of personal data is taken very seriously. The company is committed to the responsible use of personal data, to protect the privacy of users who give their personal data. These Privacy Policies refer to the use and access of www.culthera.comm

User privacy is very important to CULTHERA and this is why the company strives to protect it. To comply with the Terms and Conditions of the website, the Company processes, collects and may disclose information from users and visitors.

This Privacy Notice is an integral part of the Terms and Conditions. Giving express and informed consent for the processing of personal data according to this Privacy Policy is an essential requirement to be able to contract and / or have any type of relationship with the Company. However, users are not required to give consent and may desist from using or accessing the Website.

Who is Responsible for the Processing of Personal Data?

The company is responsible for the processing of user and visitor data related to the use and access of the website and related domains. 

What Information is Collected and Processed?

The company collects the user’s personal data so that they can enjoy the services and be able to continuously improve them in relation to the use and access to the Website.

In some cases, information (including personal data) is provided by the user when registering or accessing the website.

The company wants the user to know that they do not have the obligation to provide the personal data shown below, however, this is an essential requirement to be able to contract and / or have some type of relationship with the brand and, in the case If this information is not provided, the services cannot be provided to the user. The inaccuracy or falsity of the personal data that the user provides could cause the suspension of use and access to the Website.

Likewise, users who violate this Privacy Notice can be permanently suspended or disabled. These are the types of data that are collected:

Information that the user provides directly when registering or using the services:

• Name.
• ID or valid document number.
• Contact information (phone number, address, email).
• Payment method (excluding bank details and other transactional personal data).
• Transaction history (purchases, payments, returns, questions, billing and tax information, password or user ID of the digital account).

Information that is automatically processed regarding the use and access of the website:

• Information about the devices or computers from which you access the website and other automatically captured data (such as the type or version of the browser or operating system, settings and parameters).
• Internet IP address that the user uses when connecting to services or when browsing the website.
• Transaction history through the website (purchases, payments, returns, questions, billing and tax information, password or user ID of the digital account)
• Information about the user’s location, which can be used to offer discounts, adjust currency, shipping rates, among others.
• If the user did not register or did not log in through the account, the Company will only collect and store, in addition to the information indicated in this point, the customer’s phone numbers and email address.

What is done with the personal data?

The collection and processing of Users’ Personal Data allow us to provide them with an excellent service that is better adapted to their needs. This is what is done with personal data:

• Identify and contact the user.
• Verify identity in accordance with legal requirements.
• Provide you with the products and / or benefits that you request or contract with us.
• Prepare and maintain a record of the transactions that are carried out, as well as report on them and give the corresponding follow-up.
• Respond to requests, complaints and suggestions, as well as provide customer support.
• Judicial and / or extrajudicial collection.
• Coordinate the delivery of products advertised and sold on the Website.
• Offer the services and functionalities that best adapt to the client’s needs and personalize the services so that the experience with the Website is as comfortable as possible.

Develop internal studies on interests and behaviors, to offer better products, as well as statistical studies.

• Create profiles by analyzing various variables, such as behavior or interactions within the platform, analysis and prediction of economic capacity, preferences, interests, transaction history, behavior and location, among others, to improve commercial and promotional initiatives, show advertising or promotions and banners of interest.
• Improve commercial and promotional initiatives and analyze the pages visited, the searches carried out by users, to improve the supply of content and articles, personalize said content, the presentation and services.
• Provide information to the client through different communication channels (by email, notifications, telephone calls or any other means).
• Detect and prevent fraud, abuse and related crimes to protect the safety of users and the sustainability of the platforms.
• Protect the rights of users, third parties or the company.

The company will keep the user’s personal data for as long as necessary to fulfill the purposes for which they were collected.

How is Personal Data Shared? 

Safeguarding customer privacy is very important for the company. Therefore, information that identifies users is not sold or traded. Nor is personal data shared or transferred to third parties, except as indicated below:

 The Company may assign, transmit and / or transfer personal data to:

• Business partners: companies with financial or commercial activities with which the Company maintains a collaborative or alliance relationship, in order to offer the user promotions, products and services of said companies. In these cases, it is ensured that as long as the confidentiality and security standards are met, through the signing of agreements whose purpose is the privacy of the users’ personal data and compliance with the applicable legislation.
• Service providers: service providers are third parties that are contracted to provide a service following the instructions and in accordance with the provisions of this Privacy Notice, such as:

(a) Transport, courier and shipping companies, to deliver the purchased products to the customer.

(b) Means of payment, intermediaries in the management of payments or insurance, to obtain payment for the services or products contracted, as well as to provide protection regarding the products purchased.

(c) Providers of computer systems, cloud service providers, database providers and technology service providers in general.

(d) Advertising or marketing agencies.

(e) Data analysis.

These service providers only access the information (including personal data) strictly necessary to provide the agreed services and cannot use them for purposes other than those entrusted to them by the Company.

• Affiliates: companies that belong to the business group, that operate under the same internal processes and policies, whether they are companies controlled or affiliated with the Company, to comply with internal regulations, prevent fraud, manage risks and facilitate site management Web.
• Public authorities: the administrative and judicial authorities that, in the exercise of their competence, require information, even if there is no order or executive or judicial summons to that effect, in order to (a) collaborate in the investigation and complaint, (b) safeguard a public interest, judicial procedures, administrative procedures and / or the resolution of controversies, and (c) comply with any applicable law, regulation or legal provision, or any mandate of a duly founded and motivated competent authority.

International Data Transfer:

Access to and use of the Website requires the support of technological infrastructures, such as servers and cloud services, which may be owned or provided by third parties. Part of that infrastructure may be established in a country other than that of the user. It may also happen that the recipients of the personal data indicated above in the section are in another country.

The countries that receive the data being transferred may not offer adequate levels of personal data protection, in accordance with applicable regulations.

In these cases, the Company adopts measures to protect user data, through contractual clauses or binding corporate regulations that impose the same protection measures as those described in this Privacy Notice, and express and informed consent.

How long will personal data be stored?

Personal data will only be stored for the time necessary to fulfill the purpose for which it was collected, to comply with regulatory or legal requirements, or during the statutory limitation period of possible legal or contractual liability.

Once the term has expired, the data will be erased or anonymized in such a way that no person can be individualized, as allowed by the regulations of each country.

 Automated Decisions and Profiles:

In order to offer a better experience in the use and access of the Website, you can use tools that help to be more efficient through techniques known as “artificial intelligence”, “machine learning” or “Big Data”, such as fraud prevention, personalization services, advertising or automated cybersecurity mechanisms. Automated decisions are those that are made based on the use of algorithms and computer programs, without any human being involved in the decision-making process.

Profiling is the evaluation of some personal aspects, such as interests, preferences, behaviors or location, which is carried out through automated processing of personal data with statistical procedures. As a consequence of this treatment, personalized communications can be sent to the user, or displayed within the platforms, which are believed to be of interest to the user.

Privacy and Security Settings:

Everything in the company’s power will be done to protect the privacy of the user’s personal data. The user will be responsible for all acts that occur through the use of the username and password. If for any reason the user believes that someone may know the password of the website, they are advised to change it by entering it from the navigation menu at https://www.culhera.com/account/login 

Minors:

Access and use of the Website are only available to those who have the legal capacity to contract in accordance with the applicable regulations. Therefore, if the user does not comply with this condition, they should not provide personal data. If the company obtains information about the latter, the user will be immediately blocked and all personal data will be deleted.

Links to Other Websites:

On the website, the Company may include links to third party websites, which does not indicate that they are owned or operated by the Company. It is clarified that the processing of personal data carried out by the third parties responsible for the aforementioned websites is not covered by this Privacy Notice. Likewise, the User acknowledges and accepts that the Company does not have control over said websites and is not and will not be responsible for the content or services provided by said sites, or for the way in which they process personal data, for which reason the user enters such websites at their own risk.

How can the user exercise their right to control their personal data?

The applicable regulations grant the user certain rights over personal data, such as: (i) access; (ii) update; (iii) rectification; (iv) deletion; (v) revocation of consent; and (vi) confidentiality. The user may make any query, claim and / or request related to their Personal Data by contacting the Company through the contact information at this link: Contact Us or writing to daniela@culthera.comm

In certain cases, the user’s personal data that has been requested to be deleted will be kept in the files to fulfill the purposes described in this Privacy Notice or when there is a contractual or legal obligation to keep their personal data. Once this purpose has been fulfilled or the contractual or legal duty has been eliminated, the user’s personal data will be eliminated.

Also, remember that the user has the right to (i) request proof of the authorization granted to the person responsible for the treatment unless expressly excepted as a requirement for the treatment, (ii) to be informed by the person responsible for the treatment, upon request, about the use that has been transferred to the user’s personal data and (iii) submit complaints to the authority for breach of data protection regulations.

Without prejudice to the provisions of the Privacy Notice, the user can also make inquiries and / or exercise the rights of access, rectification and deletion of personal data by sending an email to daniela@culthera.comm

Storage of Personal Data:

The company complies with the regulations and industry standards regarding security measures applicable to the user’s personal data.

The company is not responsible for illegal interceptions or violation of its systems or databases, or for use by unauthorized persons. Hera Culture is not responsible for the misuse of the information obtained through these means.

Changes to the Privacy Notice:

If the Company makes changes to the way personal data is managed, users will be notified through the usual channels such as email or messages through apps. In the terms allowed by the regulations of each country, in the case of users who do not accept these new terms, the contractual link with the Company will be dissolved and the personal data of said user will not be used in any other way than what was informed to time to collect.

Applicable Law and Jurisdiction:

The Privacy Policy will be governed by the laws of the Republic of Colombia. In the event of any controversy or divergence related to the interpretation, validity, execution or compliance of the same, the user and the company declare that they submit to the exclusive jurisdiction of the competent courts of the city of Cali, Colombia, expressly waiving any other jurisdiction.

Returns & Cancellations

To ensure the products remain in the best conditions, remember to check the fabric and product care guide in each product description on the website.

There are several procedures for making returns and cancellations. A return procedure is applicable in the event of imperfections or defects (“Return”). A cancellation procedure is applied due to the customer’s decision (“Cancellation”). The characteristics of each one, as well as their costs and conditions will be listed below.

Due to the special characteristics of certain products, the following should be taken into account:

In order to protect hygiene and health, returns or cancellations of swimsuits and accessories are not accepted when their wrapping, packaging or cover that protects the product has been opened, except those that are defective.

All products to be returned must have their original packaging, except those that are defective or have any imperfection.

Cancellation and return costs are borne by the customer, including shipping, transportation and handling costs / fees.

Return conditions: Products that are received damaged or are damaged by a manufacturing fault within 30 days of purchase are considered defective. Items that are damaged as a result of normal wear and tear are not considered defective. The company will determine, in its sole discretion, whether the damage is the result of normal wear and tear or some other reason. Damaged or defective Products will be replaced or repaired, if possible and are subject to availability. Whenever possible, the company will offer to repair the defective item. If a Product cannot be replaced or repaired, the client is entitled to a full refund within a 30-day period. At the company’s discretion, any Product returned outside of the return deadline will not be accepted.

Cancellation conditions: the client agrees to have 10 days from the purchase of the product (s) to cancel their order. Cancellation is only valid before a product is shipped. If the product has shipped, then the client must claim a return.

Refund: The Company will refund the corresponding amount (except taxes and shipping fees) within a period of 10 days from the date the Cancellation was reported. The refund will be made using the same payment method originally used.

Procedure for Returns:

• The client can request a return by sending an email to: daniela@culthera.comm or by calling the company’s Customer Service team at +573043839593 from Monday to Friday from 9 a.m. at 5 p.m. (-05: 00 GMT). They must send photo evidence of the reason why they wish to return the item(s).
• Complete the returns form: the consumer can find it at the following link: Return Form
• Package: The user must wrap the item(s) in the original packaging, enter the completed Returns form printed and seal the package. Then wait for someone from the company’s team to contact them and give them the address of where they must send the product(s). It is important that the shipment is not made without confirmation from us first.
• From that moment on, the customer must contact a courier service to send the product(s). The customer must bear the shipping costs.

Procedure for Cancellations:

Request cancellation: The client can request a cancellation by writing an email to: daniela@culthera.comm or by calling the company’s Customer Service team at +57(304)3839593 from Monday to Friday from 8 a.m. at 5 p.m. (-05: 00 GMT).

• Complete the cancellation form: The customer must complete the following form that is found on the following link: link of the cancellation form
• For international orders, shipping costs and import taxes and duties paid are non-refundable.