PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to traithub.com, The independent design marketplace. This document describes the Terms and Conditions and conditions applicable to its access and use. This document is a legally binding agreement between you as the user (s) (hereinafter referred to as "you", "your" or "User") and traithub.com (referred to as "We", "our" or "traithub.com"). hereafter).
By accessing traithub.com or by using the Services, you agree to the Terms and Conditions. Do not use the Services or traithub.com if you do not accept all the Terms and Conditions.
1.2 UYou can not use the Services and can not accept the Terms and Conditions if (a) you are not of legal age to enter into a binding contract with traithub.com, or with any other registered user. (b) is legally impeded.
1.3 You acknowledge and agree that traithub.com may modify any of the Terms and Conditions at any time by posting the amended and updated Terms and Conditions on traithub.com. By continuing to use the Services or traithub.com, you agree that the modified Terms and Conditions will apply to you.
1.4 If traithub.com has published or provided a translation of the Spanish version of the Terms and Conditions, you accept that the translation is provided only for convenience and that the Spanish version will govern your uses of the Services or traithub.com.
1.5 You may be asked to sign a separate agreement, either online or offline, with traithub.com or with our affiliate for any Service ("Additional Agreements"). If there is any conflict or inconsistency between the Terms and Conditions and an additional Agreement, the Additional Agreement will prevail over the Terms and Conditions only in relation to that Service in question.
1.6 The Terms and Conditions can not be modified except in writing by an authorized officer of traithub.com.
2.1 Under the jurisdiction of Colombia, the contracting entity traithub.com with which you are hiring is Grupo Digital de Moda.com
2.2 You must register as a member on traithub.com to access and use some Services. In addition, traithub.com reserves the right, without prior notice, to restrict access or use of certain Services (or any feature within the Services) to Users who pay or subject to other conditions that traithub.com may impose on our criterion.
2.3 The services (or any feature within the Services) may vary for different regions and countries. No warranty or representation is granted that a Service or particular feature or function thereof or the same type and extent of the Service or the features and functions thereof will be available to Users. Traithub.com may, at our exclusive discretion limit, deny or create a different level of access to and use of any Service (or any feature within the Services) with respect to different Users.
2.4 Traithub.com may initiate, change, update, impose conditions, suspend or stop any Service (or any feature within the Services) without prior notice, except that in the case of a Service based on rates, such changes will not substantially affect Adversely, users who pay to enjoy this service.
2.5 Some services may be provided by traithub.com affiliates on behalf of traithub.com.
3.1 As a condition of access and use of traithub.com or its services, you agree that you will comply with all applicable laws and regulations when using traithub.com or any of its services.
3.2 You agree to use traithub.com or any of its services solely for your own internal and private purposes. You agree that you (a) will not copy, reproduce, download, reprint, sell, distribute or resell any Service or any information, text, images, graphics, video clips, sound, directories, files, databases or lists, etc. available on or through traithub.com (the "Site Content"), and (b) will not copy, reproduce, download, compile or otherwise use any Site Content for the purpose of operating a business that competes with traithub. com, or otherwise exploiting the content of the site commercially. The systematic recovery of the content of the site of traithub.com is prohibited to create or compile, directly or indirectly, a collection, compilation, database or directory (either through robots, automatic devices or manual processes) without permission. written by traithub.com. The use of any content or material on traithub.com for any purpose not expressly allowed in the Terms and Conditions is prohibited.
3.4 Traithub.com may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or others), APIs or other websites of said third parties. You are cautioned to read the Terms and Conditions and conditions and / or the privacy policies of those websites before using traithub.com. You acknowledge that traithub.com has no control over traithub.com web of said third parties, does not supervise said websites, and will not be responsible for any person for said websites, nor for any content, product or service available on said web. sites.
3.5 You agree not to take any action to undermine the integrity of the computer systems or networks of traithub.com and / or any other User or to gain unauthorized access to such computer systems or networks.
3.6 You agree not to take any action that may impair the integrity of the traithub.com commenting system, such as leaving positive comments for you using secondary member IDs or through third parties or leaving negative comments without foundation for another User.
3.7 By posting or displaying any information, content or material ("User Content") on traithub.com or by providing any User Content to traithub.com or our representative (s), you grant an irrevocable, perpetual, worldwide service , free of royalties and sub-licensable license (across multiple levels) to traithub.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use all or part of the user's content in any way, means, or technology now known or not known in any way and for any purpose that may be beneficial to the operation of traithub.com, the provision of any Service and / or the User's business. You confirm and guarantee to traithub.com that you have all the rights, power and authority necessary to grant the previous license.
4.1 The user must be registered with traithub.com to access or use some Services (a Registered User is also called a "Member" below). Traithub.com may cancel a User account if it has reason to suspect that the User has provided fraudulent information. In addition, traithub.com may reject the User's request to register for any reason. All requests for new profiles will be submitted to curatorship by traithub.com.
4.2 By registering on traithub.com, traithub.com will assign an account and password (the latter will be chosen by a registered user during registration).
4.3A username and password will be unique to a single account. Each user will be solely responsible for maintaining the confidentiality and security of their username and password, and for all activities that occur on their account. No member may share, assign or allow the use of their account, username or password to another person outside the registered business entity of the person. The user agrees to notify traithub.com immediately if he is aware of any unauthorized use of his password or account or any other violation of the security of his account.
4.4 The user agrees that all activities that occur on his account include, among others, publishing any company or product information, clicking to accept any agreement or additional regulation, subscribing or making any payment for any service, sending emails using the account of email or send SMS) will be deemed to have been authorized by the member.
4.5 The user acknowledges that sharing his account with other people, or allowing multiple users outside his commercial entity to use his account (collectively, "multiple use"), may cause irreparable damage to traithub.com or other users of traithub.com. The Member must indemnify traithub.com, our affiliates, directors, employees, agents and representatives against any loss or damage (including, but not limited to, the loss of benefits) suffered as a result of multiple use of your account. The Member also accepts that in case of multiple use of his account or that the Member does not maintain the security of his account, traithub.com will not be responsible for any loss or damage arising from said breach and will have the right to suspend or cancel the account.
5.1 Each member declares, guarantees and agrees that (a) has full power and authority to accept the Terms and Conditions, to grant the necessary license and authorizations and to comply with the obligations set forth in this document; (b) use traithub.com and Services only for commercial purposes; and (c) the address you provide when registering is the principal place of business of your business entity. An additional branch or office will not be considered a separate entity and its principal place of business will be considered as its headquarters.
5.2 The member must provide truthful information or material about his entity, company or products / services as part of the registration process in traithub.com or the use of any of its services, as well as in the management of his account. Each Member declares, guarantees and accepts that (a) such information and material, whether sent during the registration process or later, is true, accurate, current and complete, (b) will keep its services and / or products constantly updated and c) guarantees that you are fully qualified to provide the services offered.
5.4 Each member declares, warrants and agrees that he or she will be solely responsible for obtaining all necessary third party licenses and permissions with respect to any user content that they submit, post or display; (b) any User Content that you submit, post or display does not infringe any of the copyright, patent, trademark, trade name, trade secret or any other personal or proprietary right of third parties ("Third Party Rights"); (c) has the right and authority to sell, market, distribute or export or offer to sell, market, distribute or export the products or services offered and such sale, trade, distribution or export or offer does not infringe any rights of third parties and ( d) you and your affiliates are not subject to commercial restrictions, sanctions or other legal restrictions promulgated by any country, international organization or jurisdiction.
5.5 Each member represents, guarantees and accepts that the content of the user that sends, publishes or shows:
5.7 The member can not use the Services and the member account to participate in activities that are identical or similar to the traithub.com e-commerce market business.
5.8 If the Member provides a business representation, the Member declares, warrants and agrees that it has obtained all necessary consents, approvals and exemptions from its business partners and associates to (a) act as its business representative; (b) publish and publish your contact and information data, letters of reference and comments on your behalf; and (c) that third parties may contact such commercial representatives to support claims or statements. Furthermore, it guarantees and accepts that all letters of reference and comments are true and accurate and that third parties can contact the commercial representatives without the need to obtain their consent.
5.9 The member agrees to provide all necessary information, materials and approval, and to provide all reasonable assistance and cooperation necessary for the provision of the services of traithub.com. In case of breach of Terms and Conditions and / or the handling of any complaint against any of the parties resulting in a delay, suspension or termination of the provision of any Service, traithub.com will not be obliged to extend the period of service nor shall it be liable for any loss or damage arising from such delay, suspension or termination. If any monetary transaction has been made through traithub.com, it will be fully authorized to make the return of the money deemed appropriate to the party taking the service or buyer of the product, being exempted from any liability to the service provider or seller of the product.
5.10 The member acknowledges and accepts that traithub.com will not be obligated to actively monitor or exercise any editorial control over the content of any message or material or information created, obtained or accessible through the services or sites. traithub.com does not endorse, verify or otherwise certify the content of any comments or other material or information made by any member. Each member is solely responsible for the content of their communications and may be legally responsible for the content of their comments, products or other material or information.
5.11 The member acknowledges and accepts that the services can only be used by the companies and their representatives for commercial use and not for individual consumers or for personal use.
5.12 The member acknowledges and accepts that each member is solely responsible for observing the applicable laws and regulations in their respective jurisdictions to ensure that all use of the site and services comply with them.
6.1 Traithub.com reserves the right, in our sole discretion, to remove, modify or reject any User Content that you submit, post or display on traithub.com that we reasonably consider illegal, violates the Terms and Conditions.
6.2 If a Member breaches any of the Terms and Conditions or if traithub.com has reasonable grounds to believe that a Member breaches any of the Terms and Conditions, traithub.com will be entitled to impose a penalty against the Member, or suspend or cancel the account of the Member or subscription of any Service without compensation for the Member. Traithub.com will also have the right to restrict, reject or prohibit any current or future use of any other Service that may be provided by traithub.com. The penalties that traithub.com may impose include, among others, warnings, eliminating any listing of products or other User Content that the Member has sent, posted or displayed, imposing restrictions on the number of product listings that the Member may publish or display, or impose restrictions on the use by the member of any feature or function of any service during the period that traithub.com deems appropriate in our sole discretion.
6.3 Without limiting the generality of the provisions of the Terms and Conditions, a Member will be considered in breach of the Terms and Conditions in any of the following circumstances:
6.4 Traithub.com reserves the right to cooperate fully with government authorities, private investigators and / or third parties injured in the investigation of any suspected criminal or civil conduct. In addition, traithub.com may disclose the member's identity and contact information, if requested by a government or law enforcement agency, a third party injured or as a result of a subpoena or other legal action. Traithub.com will not be responsible for damages and results arising from such disclosure, and the Member agrees not to initiate any action or claim against traithub.com for such disclosure.
6.5 If a member infringes the Terms and Conditions, traithub.com also reserves the right to publish records of such breach on traithub.com. If such breach involves or is reasonably suspected to involve dishonest or fraudulent activities, traithub.com also reserves the right to disclose the records of such breach to our affiliates. These affiliates of Traithub.com may impose limitations, suspend or cancel the use by the user of all or part of the services provided by said affiliates to the user, take other corrective measures and publish the records of non-compliance by the user of the Terms and Conditions on traithub.com or any other website.
6.6 Traithub.com may, at any time and at our reasonable discretion, impose limitations, suspend or cancel the use by the Member of any Service or traithub.com without being responsible to the Member if traithub.com has received notification that the Member is in breach of any agreement or company with any affiliate of Traithub.com and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. Traithub.com will have the right to publish the records of such breach in traithub.com. Traithub.com is not required to investigate such breach or request confirmation from the Member.
6.7. Each Member agrees to indemnify Traithub.com, our affiliates, directors, employees, agents and representatives, and exempt them from any damage, loss, claim and liability (including legal costs based on total compensation) that may arise.
6.8 Cada miembro acepta además que traithub.com no es responsable, y no tendrá ninguna responsabilidad por el contenido del usuario u otro material transmitido en traithub.com, incluido el material fraudulento, falso, engañoso, inexacto, difamatorio, ofensivo o ilícito. y que el riesgo de daño de dicho material incumbe por completo a cada Miembro. Traithub.com se reserva el derecho, a nuestro cargo, de asumir la defensa y el control exclusivos de cualquier asunto sujeto a indemnización por parte del Miembro, en cuyo caso el Miembro deberá cooperar con traithub.com para hacer valer cualquier defensa disponible.
7.1 Through traithub.com, traithub.com provides web-based electronic platforms to exchange information between buyers and sellers of products and services. Traithub.com also provides web-based electronic transaction platforms for Members to complete, accept, conclude, manage and fulfill orders for the supply of products and services online within traithub.com. However, for any Service, traithub.com represents neither the seller nor the buyer in specific transactions. traithub.com does not control nor is responsible for the quality, safety, legality or availability of the products or services offered for sale on traithub.com or the ability of sellers to complete a sale or the ability of buyers to complete a purchase
7.2 Users are aware that there may be risks of dealing with people who act under false pretenses. Traithub.com uses several techniques to verify the accuracy of certain information provided to us by users who pay when they register to obtain a membership service on traithub.com. However, as the verification of the user on the Internet is difficult, traithub.com can not and does not confirm the supposed identity of each User (including, among others, paying Members). We recommend using various means, as well as common sense, to evaluate who you are dealing with.
7.3 Each User acknowledges that he is fully assuming the risks of making any purchase and sale transaction in relation to the use of traithub.com or any of its services, and that he is fully assuming the risks and liability of any subsequent activity or event related to products. or services that are or were subject to transactions using traithub.com. Such risks will include, among others, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, non-compliance with specifications, defective or dangerous products, illegal products, delay or non-fulfillment in delivery or payment, errors in calculation of costs, breach of the guarantee, breach of contract and transport accidents. These risks also include the risks of manufacturing, importing, exporting, distributing, offering, exhibiting, buying, selling and / or using products or services offered or displayed on traithub.com that violate or may violate Third Party Rights, as well as the risk that the User may incur costs of defense or others in relation to any claim of any of the parties of which they have the right to defense or indemnification in relation to claims of rights, claims or claims of claimants of rights of third parties.
Such risks also include risks that consumers, other buyers, end-users of products or other persons who claim to have suffered injuries or damages related to products originally obtained by Users of traithub.com as a result of purchase and sale transactions. All the above risks are hereinafter referred to as "Transactional risks". Each User accepts that traithub.com will not be liable for any damages, claims, liabilities, costs, damages, inconveniences, business interruptions or expenses of any kind that may arise from or related to any transaction risk.
7.4 Users are solely responsible for all the Terms and Conditions and conditions of transactions made in, through or as a result of the use of traithub.com or any of its services, including, among others, the Terms and Conditions of payment, returns , guarantees, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.5 The User agrees to provide all necessary information regarding their transactions made in, through or as a result of the use of traithub.com or any of its services. Traithub.com has the right to suspend or cancel any User account if the User does not provide the necessary information for any transaction on the platform.
7.6 In the event that a User has a dispute with a part of a transaction, said User agrees to release and indemnify traithub.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, procedures, costs, expenses and damages (including, among others, real, special, incidental or consequential damages) that arise from said transaction or are related to it.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES PROVIDED BY TRAITHUB.COM ON OR THROUGH TRAITHUB.COM ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND TRAITHUB.COM EXPRESSLY DISCLAIMS ALL PARTIES. THE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND COMMITMENTS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAITHUB.COM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH TRAITHUB.COM; Traithub.com DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND / OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON TRAITHUB.COM DOES NOT VIOLATE THE RIGHTS OF THIRD PARTIES; AND TRAITHUB.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED AT TRAITHUB.COM.
8.3 Any material downloaded or obtained through traithub.com is made at the discretion and exclusive risk of each user and each user is solely responsible for any damage to the computer system of traithub.com or loss of data that may result from the download of said material. No advice or information, whether oral or written, obtained by a User of traithub.com or through traithub.com will create any warranty that is not expressly stated here.
8.4 Traithub.com can make available the services or products of the User provided by independent third parties. No warranty or representation is offered regarding such services or products. Under no circumstances will traithub.com and our affiliates be responsible for such services or products.
8.5 The User agrees to indemnify and save traithub.com, our affiliates, directors, officers and employees from all losses, claims, liabilities (including legal costs on a full compensation basis) that may arise from the use of said User. traithub.com or the user of any of its services (including, among others, the display of the information of said User in traithub.com) or of its breach of any of the Terms and Conditions. The User agrees to indemnify and save traithub.com, our affiliates, directors, officers and employees from any loss, damage, claim, liability (including legal costs on a total compensation basis) that may arise from the User's violation of any representation and guarantee made by the User to traithub.com, which includes but is not limited to those established in Section 5
8.6 The User agrees to indemnify and save traithub.com, our affiliates, directors, officers and employees from all losses, damages, claims, liabilities (including legal costs in full compensation) that may arise, directly or indirectly, as a result of any claim made by rights claimants of third parties or other third parties related to products offered or displayed on traithub.com. Hereby, each User accepts that Traithub.com is not responsible and will not be liable to you for any material published by third parties, including defamatory, offensive or illicit material, and that the risk of damages and losses arising from such material is incumbent on complete to each User. Traithub.com reserves the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification on its part, in which case it must cooperate with traithub.com to assert any available defense.
8.7 Traithub.com will not be liable for any special, direct, indirect, punitive, incidental or consequential damages or damages (including, among others, damages for loss of profits or savings, business interruption, loss of information), either in contract, negligence, tort, equity or otherwise or any other damage resulting from any of the following.
9.1 Under no circumstances will traithub.com be responsible for any delay or failure or interruption of content or services delivered through traithub.com that result directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, among others, Internet failures. , computer, telecommunications or any other equipment failures, power failures, strikes, labor disputes, riots, insurrections, civil unrest, labor or material shortages, fires, floods, storms, explosions, acts of God, war, actions governmental, orders of national or foreign courts or tribunals or third party non-compliance.
10.1 Traithub.com is the sole owner or legal licensee of all rights and interests in traithub.com and the Content of the site. Traithub.com and the content of the site contain trade secrets and other intellectual property rights protected by copyright and other laws throughout the world. All rights of ownership, property and intellectual property of traithub.com and the Content of the site will remain in traithub.com, our affiliates or licensees of the Content of the site, as the case may be. All rights not claimed under the Terms and Conditions or by Traithub.com are reserved.
10.2 "TRAIT", "Traithub.com" and the related icons and logos are trademarks or trademarks or service marks of traithub.com. Protected by copyright laws, trademarks and other applicable property rights laws. The unauthorized copying, modification, use or publication of these trademarks is strictly prohibited.
10.3 Traithub.com may have independent third parties involved in the provision of the Services (for example, authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval.
11.1 All legal notices or demands to traithub.com will be made in writing and may be sent to firstname.lastname@example.org or presented personally in their offices in Bogota or by courier service.
11.2 All legal notices or requests to a User will become effective if delivered personally, sent by courier, certified mail, by fax or email to the last known correspondence, fax or e-mail address provided by the User to traithub.com, or by publishing such notice or claim in an area of traithub.com that is public access free of charge.
The notification to a User will be considered received by said User.
a) Traithub.com can demonstrate that the communication, whether in physical or electronic form, has been sent to said User, or
11.3 You agree that all agreements, notices, demands, disclosures and other communications that traithub.com sends electronically satisfy the legal requirement that such communication be made in writing.
12.1 The brands affiliated with traithub.com will be governed by the special linking contract for them.
Traithub.com will charge a commission of 20% of any transaction made through the platform. At the time of the transaction, the money will be deposited in a PayU account belonging to traithub.com. Once the commission is charged, traithub.com will transfer the money to the corresponding party.
12.3 Subject to any additional Agreement, the Terms and Conditions constitute the entire agreement between you and traithub.com with respect to and govern the use of traithub.com and Services, replacing any written or oral agreement related to the same subject matter in this document.
12.4 Traithub.com and you are independent contractors, and no relationship of agency, partnership, joint venture, employee-employer or franchisor-franchisee is planned or created by the Terms and Conditions.
12.5 The lack of validity of Traithub.com to assert any right or lack of action with respect to any breach by you under the Terms and Conditions shall not constitute a waiver of that right nor a waiver of the right of Traithub.com to act with respect to subsequent or similar breaches.
12.6 Traithub.com will have the right to assign the Terms and Conditions (including all our rights, titles, benefits, interests and obligations and obligations in the Terms and Conditions to any person or entity (including the affiliates of traithub.com). give, in whole or in part, the Terms and Conditions to any person or entity.
12.7 If any provision of the Terms and Conditions is held invalid or unenforceable, that provision will be removed and the remaining provisions will remain valid and will apply.
12.8 The headings are for reference purposes only and in no way define, limit, interpret or describe the scope or scope of said section.
Traithub.com, an electronic commerce platform, is used predominantly by commercial entities to facilitate electronic commerce. Trait es is a B2B marketplace designed to bring together all the actors of fashion in one place facilitating negotiations between them.
If you provide us with Personal Data, it is considered that you have authorized us to collect, preserve and use such Personal Data for the following purposes:
1. Verify your identity;
Under applicable laws, you have the right to access the personal information we own and request the correction of the information.
GRUPO DIGITAL DE MODA, Calle 124 No 7b-29 Bogotá, Colombia
In accordance with applicable laws, we reserve the right to charge you a reasonable fee for the processing of any request for access or correction of data.
A "cookie" is a small amount of information that is sent to your browser and stored on your computer's hard drive. You can send a cookie to your computer's hard drive only if you access the Sites using a computer. If you do not deactivate or delete the cookie, each time you use the same computer to access the Sites, our web servers will receive a notification of your visit to the Sites and, in turn, we will be able to know your visit and the pattern of its use.
You can determine if a cookie will be accepted and how it will be configured when you configure the browser that is installed on the computer you are using to access the Sites. If you choose, you can change those settings. By setting your preferences in the browser, you can accept all cookies or you can choose to receive a notification when a cookie is sent or you can choose to reject all cookies. If you reject all cookies when choosing the cookie deactivation function in your browser, you may be asked to re-enter information on the sites more frequently and certain functions of the sites are not available.
Our site and its contents are not directed to minors, under 18 years of age, and we do not intend to sell any of our products or services to minors. However, we have no way to distinguish the age of the people who access our site. If a minor has provided us with personal information without the consent of the parent or guardian, the parent or guardian should contact our Legal Department at the address set forth in paragraph D above to remove the information.
We use commercially reasonable security methods to prevent unauthorized access to the Sites, maintain the accuracy of the data and guarantee the correct use of the information we possess.
For registered users on our site, your Registration Information and Account Information, where appropriate, can be viewed and edited through your account, which is protected by a password. We recommend that you do not disclose your password to anyone. Our staff will never ask for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with other people, you should not choose to save your login information (for example, user ID and password) on that shared computer. Remember to log out of your account and close your browser window when you have finished your session.
There is no guarantee that data transmission over the Internet or any wireless network will be perfectly secure. As a result, while we try to protect the information we have for you, we can not guarantee the security of the information you transmit to us and does so at your own risk.
SUPPORT CONTRACT FOR COMMERCIAL DEVELOPMENT CELEBRATED BETWEEN DIGITAL GROUP OF MODA S.A.S. Y ___________________________
Subscribed on the __ day of the month of ______________ of the year __________
The present contract of Support for Commercial Development (hereinafter the "Contract") is celebrated on the day __ of __________ of ______, between GRUPO DIGITAL DE MODA S.A.S., Colombian company with domicile in the city of Bogotá D.C., identified with the NIT number 900.987.347-0, legally represented in this Act by SILVIA TATIANA FONTALVO, of age, identified with the citizenship card number 1'130. 610. 789, hereinafter and for all purposes hereof shall be named “GRUPO DIGITAL”, and ___________________________, Colombian society, identified with the NIT number -, legally represented in this Act by ____________________, of legal age, identified with the identity card number ____________, which will be referred to below as the present document. “EL AFILIADO”.
Who collectively will be called the "Parties", have concluded this Support Contract for Commercial Development, which will be governed by the terms and conditions contemplated here, and what is not provided in them by the regulations in force on the matter , according to the following:
First - Purpose: By virtue of this Contract, the support is regulated for the commercial development that DIGITAL GROUP will carry out in favor of THE AFFILIATE and that consists in that THE AFFILIATE confers the GRUPO DIGITAL uniquely and exclusively, so that the latter independently , with full technical, administrative and financial autonomy:
GRUPO DIGITAL, may hold on behalf and representation of THE AFFILIATE, the acts, documents and / or contracts necessary for the fulfillment of the purpose of these efforts aimed at the sale of the products of THE AFFILIATE.
Second. - Scope of services: The Parties agree on the following scope of the Services:
Business Conditions: for each of the commercial transactions that GRUPO DIGITAL obtains for the sale of the AFFILIATED products, the Parties will agree on the essential business conditions in terms of quality, price and delivery. All of which must be in a document signed by both Parties using the format established in Annex No. 3 - Line Sheet of this Contract.
2.2 Customs Management: GRUPO DIGITAL will carry out the procedures directly or through customs agents duly authorized by the competent authority, guaranteeing at all times that the export and customs procedures comply with the existing legal norms for these activities.
Third. - Consideration: The consideration for the services provided by GRUPO DIGITAL, will be agreed for each sale negotiation that is made in accordance with this Contract and in any case must be agreed before advancing any delivery of the product to the customer managed by GRUPO DIGITAL. Notwithstanding the foregoing, the Parties agree that the percentage of consideration may not be, in any case, less than twenty percent (20%) of the gross value of the sale.
First Paragraph: The percentage that results from the negotiation between the Parties, THE AFFILIATE authorizes by means of the subscription this document to which GRUPO DIGITAL discounted directly from the monies received by the sale made.
Quarter. - Validity and Conditions: This Contract will be in force as of the date of its subscription for a term of three (3) years, automatically renewable, unless one of the Parties notifies the other of its interest in not continuing with the Contract thirty (30) days in advance.
Fifth - Obligations of Medium and No of Result: The obligations that GRUPO DIGITAL acquires by virtue of the execution of this Contract, are obligations of means and not of result. Therefore, the Parties declare to know and accept that there may not be negotiations and firm sales of THE AFFILIATED products.
Sixth. - Special Obligations of the Parties: In addition to the obligations arising from the Law and this Contract, the following are the special obligations of the Parties:
6.1. FROM THE AFFILIATE:
6.2. From DIGITAL GROUP:
Seventh. - Exclusivity: During the term of this Contract and two (02) years after its termination, THE AFFILIATE may not by itself, or through another natural or legal person, conduct business of equal or similar conditions with the buyers with which GRUPO DIGITAL is making arrangements for the sale of the AFFILIATED products, provided that GRUPO DIGITAL has communicated these steps previously to the AFFILIATE. In turn, GRUPO DIGITAL shall not be bound by exclusivity and, therefore, it is expressly understood that GRUPO DIGITAL has absolute freedom to designate or contract with other persons or companies that carry out the manufacture of similar products of the same category, but of no the same way as those of THE AFFILIATE.
Eighth. - Causes of Termination of the Contract: This Contract will be terminated, without prejudice to the other causes established in the law, in the following events:
Paragraph: In case of termination of the Contract for any of the causes established in this clause, GRUPO DIGITAL will proceed to deliver to the AFFILATE all sums of money corresponding to the sales actually made up to the date of termination, less the commission agreed in the Clause Third of this Contract.
Ninth. - Penal Clause: In the event of partial or total non-compliance by THE AFFILIATED PARTY of any of the obligations derived from this Contract, it will automatically constitute the debtor of the DIGITAL GROUP. THE AFFILIATE shall pay the DIGITAL GROUP, by way of penalty and without prejudice to the requirement of compliance with the main obligation and the damages that may be caused as a result of the breach, a sum equivalent to one hundred minimum monthly legal salaries in force (100 SMLMV), and it shall be enforceable on the basis of the Contract and this Clause, to which the Parties recognize executive merit, with the sole affirmation of the DIGITAL GROUP with respect to the breach of THE AFFILIATE and without any judicial or extrajudicial requirement. The application of the penal clause does not exclude the action of indemnification of damages, if these, at the exclusive discretion of DIGITAL GROUP, were superior to the value of the penalty.
Tenth. Good faith and truthful information
With the signing of this contract, THE AFFILIATE undertakes solemnly to deliver truthful and verifiable information regarding its products, the quality and origin of its materials and its manufacturing processes. THE AFFILIATE undertakes to act on the principle of good faith and good customs and exempts GRUPO DIGITAL from any type of respectability in any eventuality, claim or dispute that may arise against it in relation to export, customs and / or origin of your products. The AFFILIATE understands and accepts that GRUPO DIGITAL acts trusting in the good faith and veracity of the information provided by the AFFILIATE and therefore THE AFFILIATE undertakes to go out to the DIGITAL GROUP in case of being required and will assume any responsibility that may come to present.
Eleventh - Miscellaneous:
11.1 Notifications. For the purposes of this Contract, the Parties will send communications to the following addresses:
Si es a GRUPO DIGITAL a:
GRUPO DIGITAL DE MODA S.A.S.
Address: Calle 124 # 7b - 29
Attn: Tatiana Fontalvo
Si es EL AFILIADO a:
Any modification of the addresses indicated in precedence must be notified in writing by means of a recommended letter with notice of receipt by the recipient.
11.2 Modifications. Any modification, clarification or addition to the conditions agreed in this Contract, will only be valid through a written document supplied by the Parties.
11.3 Single Agreement. The Parties expressly declare that this Agreement contains the sole and complete agreement that governs their relationship, and, therefore, substitutes and / or repeals any other verbal or written agreement that was concluded prior to the signing of this document.
11.4 Law and Address. For all legal purposes, the Contract will be governed in all its aspects including its conclusion, interpretation, termination and execution by the laws of the Republic of Colombia. Your home will be the city of Bogotá.
11.5 Arbitral Clause. Any difference that arises between the Parties in relation to this Contract, will be submitted to the decision of an Arbitration Court that will operate in the city of Bogotá DC, a ruling will be issued in law and will be subject to its operation and fees to the Center's Regulations of Arbitration and Conciliation of the Chamber of Commerce of Bogotá. The number of arbitrators that will make up the Tribunal will be three (03) arbitrators, except in the case where the amount of the process is less than the equivalent of 400 minimum legal monthly salaries in force, an event in which the Court will be composed of (01) ) sole arbitrator. He or the arbitrators who are members of the Tribunal shall be lawyers practicing in Colombia, and shall be appointed by the parties by mutual agreement and, in the absence thereof, by the Chamber of Commerce of Bogotá, of the lists included for that purpose by that institution. . The expenses that are incurred in the arbitration process will be covered by the party to which the arbitration award was unfavorable.
11.6 Executive Merit: This contract provides executive merit, for all purposes.
11.7 Annexes: In addition to the Citizenship Certificates or Certificates of Existence and Legal Representation of the parties, the following documents are integral to this Contract:
IN SIGNAL OF CONFORMITY WITH THE AGREED, The Parties subscribe this Support Contract for Commercial Development, in the city of Bogotá DC, on the ___ day of the month of _____________ of the year ______, in two (2) copies of the same content and value destined for each of the Parties.
Por GRUPO DIGITAL
By THE AFFILIATE