Terms of service
BREDENMASTER SpA, Single Tax Number N° 96.606.310-6 (hereinafter, “BredenMaster” or the “Company”), domiciled for these effects in Avenida el Retiro, Parque los Maitenes Oriente N°1351, Enea, commune of Pudahuel, Santiago de Chile, establishes the following Terms and Conditions (hereinafter, the “Terms”) of use of this website (“Site”) by our clients and users, registered or not (hereinafter, the “User” or the “Users”) . Consequently, all contracts and transactions made by a User on this Site, as well as their legal effects, will be governed by these Terms.
These Terms will remain at all times available for consultation on the Site, and will be valid indefinitely, without prejudice to the Company's right to modify or terminate them at any time. Consequently, the User must periodically review these Terms, since they may be modified.
1. Use of the Site.
1.1. Every User who accesses the Site must always make proper and legitimate use of it, respecting the rules and instructions that regulate it, being prohibited from interfering with or affecting the interface provided, making unauthorized modifications, as well as accessing by a different method or performing any act, maneuver or conduct that implies the affectation of the Site.
1.2. Through the Site, BredenMaster will offer products that may be requested by the User. Any request for products offered on the Site will be subject to the condition precedent that BredenMaster validates the transaction or request. Such validation by BredenMaster is a requirement for the formation of consent.
1.3. BredenMaster may modify, add or delete any information contained in the Site, including those related to products, prices, payment conditions, dispatch, other conditions and offers, at any time and without prior notice, respecting the requests for products already validated by BredenMaster until said moment.
1.4. The acceptance of these Terms does not imply a waiver by the User of the rights he enjoys in accordance with current legislation, and in case he has any disagreement, he may also claim the Company through the channels established in the Eleventh Clause, or in accordance with the provisions of current legislation.
2. Continuity of the Site.
2.1. The User understands and accepts that the Site may be affected by circumstances beyond the control of the Company that imply that it may not be operational for a certain period of time. In such cases, the Company will make every effort to reinstate it within a reasonable time.
2.2. BredenMaster does not guarantee continuous, uninterrupted or secure access to the Site, so the Site may, for any reason, be unavailable at any time.
2.3. BredenMaster will not be responsible for interferences, interruptions, breakdowns in the telephone or Internet service or disconnections that may occur in the operational functioning of the Site; being authorized to temporarily suspend access to it for reasons of force majeure, fortuitous event, unforeseen, maintenance, urgent repair or other causes as the Company deems appropriate.
2.4. BredenMaster may always suspend the Site or stop offering certain products on it, in the event that Users breach their obligations in its use or conduct that opposes the conditions set forth in these Terms.
3. User Account.
3.1.Users may maintain a personal User account to access the Site in a personalized way (hereinafter, the "Account") Therefore, each registration or creation of an Account is for a single User.
3.2. The Account will be created by filling in the form contained in the Site by the User, and sending it by clicking on the respective element. The acceptance of these Terms will be required for the creation of an Account.
3.3. The Account will be associated with a password for personal use chosen by the User, which may be changed through the procedure established on the Site. The User will be responsible for maintaining the confidentiality of his password, and its delivery or disclosure to third parties does not involve or generate the responsibility of the Company in case of misuse of the Account.
4. Shop on the Site.
4.1. The instructions that Users must follow to request the products offered by BredenMaster on the Site will be reported on the Site. The Site is self-service, and it is the responsibility of the User to correctly follow the instructions for requesting products.
4.2. The product request will go through a User data validation process. BredenMaster will send the User a written confirmation of the operation once validated. This confirmation (i) will be sent to the same electronic address that has been registered, or by any means of communication that guarantees the due and timely knowledge of the User, which will be previously indicated on the same Site; and (ii) may be printed and stored. The consent will be understood as formed and the transaction will be understood as complete, from the moment this written confirmation is sent to the User.
4.3. It will be a requirement to process the request that the User has accepted these Terms, by clicking on the respective element, and the entry of the User's data that is required by the Site at the time of requesting the products.
4.4. All products offered on the Site are subject to stock availability at the time the User makes the request. In the event that any of the products included in the request are not available before or at the time of Dispatch, as defined in Clause Six, the Company will contact the User to offer: (i) the change of the products without stock; or (ii) the return of the cost of products without stock; or (iii) the complete cancellation of the product request.
4.5. The request for the products on the Site is exclusively for final recipients. In the event that a request for products exceeds 400,000 pesos, the Company, BredenMaster will suspend said request and may contact the User directly by email, telephone or other means to choose the most appropriate sales channel for their needs and volumes.
4.6. The offers and promotions published on the Site are not combinable with other current offers.
4.7. Due to the type of products offered, the right of withdrawal established in Article 3 bis of Law No. 19,496 will not apply.
5. Means of payment.
5.1. Users must pay for the purchase through the Webpay or similar system, using one of the payment methods supported by said system, either by debit or credit card enabled (hereinafter, the "Means of Payment") . If the User pays by credit card in installments, the interest associated with the installments will depend exclusively on the issuing bank or financial institution of the credit card.
5.2.The payment of the purchase will be collected through the Payment Method chosen by the User, and will only be understood as perfected if the procedure of the respective system (Webpay or other) is fully complied with and said payment has been validated and confirmed by the issuing institution of the Method. Payment The Company will generate proof of payment for the purchase to support the User, which will be sent to your email.
5.3. All aspects related to the use of the payment system (Webpay or other) and the Payment Methods, including credit or debit cards, quota, date of issue, validity, blocks and other own services, will be delivered to the existing relationship. between the User and the issuing institution of the respective Payment Method, without the Company having any responsibility.
5.4. It may occur in some cases that the payment cycle does not fully complete successfully, whether due to withdrawal by the User, supply cuts, abandonment of the system, faulty operation, failure of the User's system or equipment, lack of response in the interconnection or rejection of the selected Payment Method or other similar reasons. In this event, if there is a charge, the User will be the sole responsibility of the procedures, with the issuing institution of the respective Payment Method, aimed at the return or reversal of the charge in favor of the User.
5.5. Other systems or means of payment that may eventually be accepted by the Company in the future, will be informed in a timely manner on the Site, without the need to modify these Terms.
5.6. It is expressly stated that (i) in the event that the purchase has been made with credit cards, the quota corresponding to the amount of the purchase will be reserved once the transaction is completed, but the corresponding charge will only be made once the ticket is issued or invoice with the products actually delivered. (ii) In the event that the purchase has been made with debit cards, the charge will be made simultaneously with the confirmation of the purchase order.
5.7. The Company is free to limit or prohibit the use of Payment Methods without the need to modify these Terms.
6.1. The delivery of the products at the address defined by the User (hereinafter, the "Dispatch") will be subject to the conditions reported in these Terms. The Dispatch will be made from Monday to Friday, excluding holidays, Saturday and Sunday.
6.2. Dispatch will be carried out exclusively within the areas reported on the Site (hereinafter, the "Dispatch Area"). In the event that the User indicates an address that is outside the Dispatch Zone, BredenMaster may reject the User's request for products. In the event of restrictions or expansions of the Dispatch Zone, said information will be promptly indicated on the Site without the need to modify these Terms. The communes included in the dispatch zone are: Vitacura, Las Condes, Providencia, Lo Barnechea, Santiago, La Reina, Ñuñoa, Peñalolén, Macul, La Florida, Puente Alto, Maipú, Cerrillos, Huechuraba, San Joaquín, San Miguel, Pudahuel , Quinta Normal, Quilicura, Recoleta, Renca, Conchalí, Colina, Lampa, San Bernardo, Central Station, Independencia, Lo Prado, Lo Espejo, La Cisterna, Pedro Aguirre Cerda, Cerro Navia, San Ramón, La Pintana, El Bosque, La Farm.
6.3. The User accepts that the Office may be delivered to third parties other than the User, such as relatives or concierges, provided they are over 18 years of age, who are present at the time of delivery of the Office at the address indicated by the User. In no case will deliveries be made to minors under 18 years of age unless authorized or indicated by the User.The maximum waiting time for the Company to receive the Dispatch by the User or another person present at the respective address will be 10 minutes counted from the arrival at the User's address, and after said period of time has elapsed, the Company will take contact with the User in accordance with what is indicated in point 65.
6.4. The cost of the Dispatch will be borne by the User, who will be informed on the Site and included in the payment of the product request. The Company is free to establish discounts or exemptions to the Dispatch payment. Both the cost of the Dispatch and the exceptions to it may be changed at any time by the Company, through its timely information on the Site, without the need to modify these Terms.
6.5. In case of impossibility of carrying out the Dispatch due to conditions outside the Company, including, but not limited to, lack of people who are authorized to receive the Dispatch, acts of authority or other events of fortuitous event or force majeure, unforeseen events that affect BredenMaster's activities (including Dispatch), the User will be promptly contacted by BredenMaster, so that it can: (i) accept the new Dispatch conditions as proposed by the Company; or, (ii) request the cancellation of the purchase. If the User cannot be contacted by BredenMaster or the new Dispatch cannot be carried out, BredenMaster may proceed with the cancellation of the purchase.
6.6. In the event that it is difficult or impossible for the vehicle or for the personnel carrying out the Dispatch to access the address (for example, the address is on a floor of a building where there are no elevators to raise the load or the products do not fit in them), the User will be informed of such circumstance so that he can receive the product in the parking lot of said place or at its entrances.
6.7. At the time of receiving the products, the User must verify the integrity of both the container and the integrity of the product contained, verifying that the traceability information is found (product code, batch and dispatch date). Additionally, the User must verify at the time of Dispatch that the products delivered correspond to those indicated on the ticket.
6.8. For the delivery of the products, the User must sign a receipt document for the products.
6.9. The User must proceed to store each of the products based on the instructions contained in the labeling of the container or the nature of the product.
6.10. Once the products have been received by the User, any complaint or claim regarding the products must be made within a period of 24 hours from the receipt of the same. The communication channel will be those indicated in the Eleventh Clause (Contact) and the User must present the greatest amount of support for the respective claim (samples, photographs and traceability data, among other supports). The Company will process the request to contact the User within a period of 7 business days (Monday to Friday except holidays) and respond to their complaint or claim. If the recovery or replacement of the product is necessary, this will be coordinated by the Company and the User, carrying out the withdrawal and delivery of a new product, if applicable, at the address registered by the User on the Site at the time of making the product request. .
7. Changes and returns.
7.1. Users may request returns or exchanges in accordance with the provisions of Law No. 19,496 for perishable products or by the conditions expressly established in these Terms.The shipment or withdrawal of the returned or exchanged products will be duly coordinated with the User by email or by telephone
7.2. In the event that the cause that motivates the request for change or return is not contemplated in the aforementioned regulations or in these Terms, the Company will review each case and evaluate a solution to the User's request.
7.3. The User must return the product or products claimed in the conditions in which they were delivered during the Dispatch, that is, without signs of use or opening, and with all its original accessories and packaging, and the promotional gifts associated with the purchase, to exist. In the case of frozen products, these must be stored by the User based on what is labeled on the product container. The Company reserves the right not to accept the exchange or return of products whose damage, poor condition or incompleteness cannot be attributable to BredenMaster.
7.4. If the User needs to return a product, requesting the refund of the amount paid for it, the Company will make said refund to the same Payment Method used by the User on the Site, and the User cannot request the refund in a different payment method or account. . Said refund will be made within 10 business days (excluding Saturday, Sunday and holidays), in the case of payment by debit card, and 10 business days in the case of payment by credit card.
8. Confidentiality and data protection.
8.1. The Company, including its staff, will maintain due confidentiality regarding all the User's information to which it has had access and/or that has been generated on the occasion of the use of the Site, notwithstanding that the User will be responsible for preserving the secrecy and confidentiality of your Account and password, which must be personal and non-transferable.
8.2. The creation of the Account and the making of requests require the communication to BredenMaster, by the User, of certain personal data that include, but are not limited to, his name and surnames, his personal address and commune, his telephone number and email Electronic and Payment Method, and others that are required by the Site (hereinafter, the "Personal Data").
8.3. The User will be responsible for ensuring that the Personal Data provided is current and true, complete and accurate, and the Company is not responsible for the reliability, precision, integrity, validity or veracity of the Personal Data submitted by the Users.
8.4. By accepting these Terms, the User expressly consents and authorizes BredenMaster to process their Personal Data, both inside and outside of Chile, in accordance with Law No. 19,628 and its respective regulations. These Personal Data may only be transmitted to companies affiliated or related to BredenMaster for their treatment.
8.5. The Personal Data will be used by the Company and its affiliated and related companies exclusively for the purposes of the Site, especially, but not limited to, the creation and maintenance of the Account, the realization and validation of the purchases and the realization of the Dispatches or changes and returns of products, or any other action that is necessary to comply with the obligations that the Company may contract with respect to the User.
8.6. The User may at any time exercise their rights to update, modify, delete, and block all or part of their Personal Data, as established in Law No. 19,628. These rights may be exercised by sending an email to the contact address indicated in Clause Eleven of these Terms.
87. BredenMaster may by email, telephone, the User's social networks or any other means send Users advertising or promotional information, as well as new agreements, campaigns and newsletters. The User expressly consents and authorizes that, due to the fact of having registered, the aforementioned information is sent to him. However, the registered User may, at any time and without explanation, cancel the sending of said information through the link provided in the emails sent, or by sending an email to the contact address indicated in Clause Eleven of these Terms.
9. Intellectual Property.
9.1. All the contents of the Site, including, but not limited to, the organization, graphics, design, photographs, compilation and system of the Site, as well as the brands and logos of BredenMaster and any other intellectual or industrial property (hereinafter, the "Property Intellectual"), are the property of the Company and are protected by Laws No. 17,336 and No. 19,309, and those that modify, replace or complement them.
9.2. The publication or transmission through the Site of the Intellectual Property does not constitute or produce in any way a waiver of the rights and protection that BredenMaster has with respect to the Intellectual Property, nor does it grant the User a license to use said Intellectual Property.
9.3. The copying, use or publication, in whole or in part, of the Intellectual Property is expressly prohibited. The Company reserves the right to take civil and criminal action if its Intellectual Property rights are affected.
9.4. The trademarks, copyrights and other registered legitimate rights of third parties that may be included in the Site have been duly authorized by said third parties. In any case, the Company reiterates that the ownership, use and exploitation of said third-party rights correspond to each of the owners, not claiming any rights over them.
9.5. The Company is expressly exempt from all responsibility for the uses that Users make of any content obtained from the Site, whether it is the Intellectual Property of BredenMaster or the property of third parties.
10. Disclaimer and Indemnification.
10.1. The Company will not be liable for any direct or indirect damage, prejudice or loss of information caused to the User, arising from or derived from: (i) inappropriate use of the Site or the Account, regardless of the way in which the misuse is configured; (ii) improper or bad faith use of the Site or the Account, whether it is made by the User or a third party; (iii) failure of the Internet connection or of the User's devices, hardware and software.
10.2. Under no circumstances will the Company be responsible for violations of the server on which the Site is located, for the interception or loss of Personal Data or any other analogous circumstance, unless these circumstances were caused due to gross negligence or intent by BredenMaster.
10.3. The User understands and accepts that the network and mobile services are not completely secure, being the User responsible for the security of their own devices, systems, credentials, and actions. It is the User's responsibility to protect any password or other credentials associated with their use of the Site or their Account, and the User is responsible for their security.
11.1. For the purposes of these Terms, all communication that the User requires to make to the Company, including requests, doubts, queries or claims, must be directed to the email address ecommerce@BredenMaster.com or to the phone number 600 829 0000 (service hours are Monday through Friday from 09:00 to 22:00, not considering Saturday, Sunday or holidays)
11.2. The Registered User will be responsible for entering a valid email and/or telephone number for notification and contact by BredenMaster at the time of creating the Account and/or making the request for products. The User accepts that the notification and contact by the Company is made by telephone, text message, email or WhatsApp message.
11.3. The Company will not be responsible for errors in the contact information provided by the User, nor for failures in the email service and telephone service used by the User.
12. Address and Representative.
12.1. These Terms are governed by the laws of the Republic of Chile, in aspects that are not expressly regulated in them.
12.2. In the event that any clause of these Terms becomes invalid due to legislative changes or of any other nature, the rest of them will remain in force and therefore will continue to govern the use of the Site.
12.3. For any legal or judicial effect, the domicile of BredenMaster will be the commune of Santiago, Republic of Chile. Any controversy that arises in relation to the use of the Site and the transactions under it, as well as its interpretation or application, will be submitted to the ordinary civil courts of justice with seats in the commune of Santiago.