GRUPO 2K SAS is a company constituted in accordance with Colombian laws, with main domicile in the city of Medellín, which for the purposes of these terms will be called THE OWNER OF THE PLATFORM or in a short way as THE OWNER serves to issue the following terms and conditions of the website, so users and representatives are recommended to read them in detail for the use of our platform:
These terms and conditions of use regulate the contractual relationship of a commercial nature that unites the Consumers who access the virtual platform and the OWNER, especially in the authorization of use granted by the latter in favor of the former, making it clear that the user acknowledges that GROUP 2K SAS does not provide transportation or logistics services or functions as a transportation company and that said transportation or logistics services are provided by independent third-party contractors, who are not employed by GRUPO 2K SAS or any of its affiliates.
✓ The Platform: Web and mobile application managed by the OWNER or by whoever is designated by the OWNER, for the acquisition of products, through data messages.
✓ Data messages: The information generated, sent, received, stored or communicated by electronic, optical or similar means or how it could be, among others, the Electronic Data Interchange, Internet, email or other related or similar will be regulated and in accordance with the guidelines of law 527 of 1999 in its second article.
✓ Electronic Commerce: Includes commercial operations carried out by sending, transmitting, receiving, and storing data messages electronically. Doubts that arise regarding the effectiveness and validity of data messages and other activities related to electronic commerce will be interpreted in accordance with Law 527 of 1999 and Law 1480 of 2011.
✓ Cookies: Text strings sent virtually that are stored by the use of The Platform by the Operator, for the consultation of the activities and preferences of the users.
✓ Of legal age: Natural person over eighteen (18) years of age empowered by Colombian law to enter into contracts and purchase products.
✓ Consumers: Any natural or legal person who, as the final recipient, uses the Platform to request through it the execution of a purchase contract, or any other type of legal contract, in order to acquire goods or services.
✓ Platform Operator: In charge of operationally and functionally managing the Platform, represented for the purposes of these terms by GRUPO 2K SAS or by the natural or legal person designated by the latter through the due contract established.
✓ Personal data: It is all information that allows to identify or make identifiable a natural person for the fulfillment of the mandate in his favor.
✓ Remunerated sales contract entered into by electronic means: It is that agreement of wills entered into between the Consumer and the OWNER, through the Platform, for the acquisition of the products or services offered by the seller or OWNER OF THE PLATFORM.
✓ Interaction on the Platform: Faculty of access by Consumers to learn about the products and services offered by the OWNER; in order to acquire them in accordance with these terms.
✓ Text messages (SMS): All communications and/or notifications sent by BRUNA by text message (SMS) will be sent from the number 893999. GRUPO 2K SAS will only be responsible for the communications and/or notifications sent from this number. Any communication and/or notification sent from another number under the name of the company will be understood as someone else's and therefore the company GRUPO 2K
SAS is released from any type of responsibility towards its users and third parties.
✓ Electronic mail (E-MAIL) All communications and/or notifications sent through a messaging WEB server will be sent through the account authorized by GRUPO 2K SAS, releasing any responsibility for the information provided by third parties that do not part of the communication team of the OWNER.
✓ Payment tray: Service that allows payments to be made by Consumers, through electronic means using technological platforms (authorized electronic software) or in cash at the consumer's choice.
✓ Product: Consumer goods displayed through the Platform by the OWNER
✓ Purchase summary: It is the communication that is sent to the consumer once the purchase is completed, making a detailed list of his order, product, payment method used for the tray and details of the procedure carried out (date, time, duration and value cancelled). In no case do they constitute an invoice for the purchase or provision of a service, since it is a mere summary of what happened within the platform that will be attached to the user's history.
✓ Advertising: It is any form of communication carried out by the OWNER, in order to provide information about products, commercial activities and communicate advertising or marketing strategies or campaigns.
✓ Terms and conditions of use of The Platform : They constitute the terms that must regulate the use that Consumers give to The Platform, as well as the contractual relations that can be generated between Consumers and THE OWNER.
PURPOSE OF THE TERMS AND CONDITIONS.
These terms and conditions regulate the authorization of use granted by the OWNER to Consumers, so that they enter the virtual platform to find out about the details of the consumer products and services displayed, for their acquisition.
Through the Platform, the OWNER performs the following actions: ✓ Displays different products in an advertising manner so that they can serve as a reference for Consumers.
✓ Make agreements with different product suppliers to facilitate their acquisition through a direct advertising image. ✓ Allows the use of the platform for the acquisition of goods, also providing a payment tray.
✓ Provide the location service to display the shipping status of the products purchased.
The conclusion of the contractual relationship between Consumers and THE OWNER, occurs with Consumers who are in the national territory or abroad, perfected with the payment of an economic consideration in national currency, through the enabled payment systems.
Through the Platform, products purchased by Consumers directly from the OWNER are displayed, since the former seek to satisfy a private, personal or family need, and at no time do they intend to commercialize, resell or any other type of commercial transaction or interest with the products purchased or the making of a commercial offer susceptible to acceptance by the consumer that directly compromises GRUPO 2 K SAS
It is a platform that allows its free use by various means, which are: a. A website that will be used through the URL address https://www.brunalingerie.com/
Consumers may use the Platform exclusively for their personal use, without this implying the granting of a platform technology license of any kind.
CHANGES TO THE TERMS AND CONDITIONS.
GRUPO 2 K SAS reserves the right to modify the Terms and Conditions periodically. When changes are made, the revised version will be available on this website, and we will indicate at the top of this page the date the latest revisions were made. You should review these Terms and Conditions regularly, as revised versions will be binding on you. Any modification of this type will be effective from the publication of new Terms and Conditions. You understand and agree that your continued access to or use of the Site following any posted modification to the Terms and Conditions indicates your acceptance of the modification.
OF THE USE OF THE SITE
- Permission to Use the Site: We grant you permission to use the Site subject to the restrictions of these Terms and Conditions. We may terminate your permission to use the Site for any conduct we deem inappropriate, or for your breach of these Terms and Conditions, including the Restrictions listed in paragraph 4. Your use of the Site is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate.
- Availability of the site: The Site may be modified, updated, interrupted, or suspended at any time, for any reason or for no reason, without prior notice or liability with respect to GRUPO 2K SAS
- User Accounts: You may be required to register to use part of the Site. We may reject or require you to change any username, password or other information you provide to us when registering. Your username and password are for your personal use only and must be kept confidential; You are responsible for any use of your username and password, and you agree to notify us immediately of any breach of confidentiality or unauthorized use.
authorized user of your username and password, or your account on the Site. We reserve the right to close your account at any time, at our sole discretion, for any reason. In addition, we reserve the right to disclose your identity (including any information we hold about you) in the event of a complaint or legal action arising from any message posted by you or where necessary to protect security.
- Responsibility for your content: You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless GRUPO 2K SAS and our agents with respect to any claim based on the transmission of your messages and/or posts. (s). We reserve the right to remove any message for any or no reason.
- GRUPO 2K SAS's right to use your content: By posting messages, uploading files, entering data, or engaging in any other form of communication through this Site, you grant GRUPO 2K SAS a royalty-free, perpetual, non-exclusive license and without restrictions. Fully transferable worldwide license to: (1) use, copy, license, adapt, transmit, publicly perform or display any such communication; and (2) grant third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including, without limitation, rights under the copyright, trademark, service mark, or patent laws of any relevant jurisdiction.
- Ownership: All material on the Site, including without limitation text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software, is owned and controlled or is licensed. GRUPO 2K SAS is protected by copyrights, trademarks and other intellectual property rights. The material on the site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, including by email or other electronic means, without consent. in writing from GRUPO 2K SAS in each case. You may download material intentionally made available for download from the Site for your personal, non-commercial use only.
OF THE RESTRICTIONS.
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this Site). If you find any posting objectionable, we encourage you to contact us via email. We will make every effort to remove objectionable content if we believe removal is warranted.
- You do not agree, and you will not assist, encourage, or permit others to use the Site to:
- Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of any person's privacy, or in violation of any law;
- Post or transmit any material in violation of a third party's copyright or other intellectual property or proprietary rights;
III. Post or transmit any information or software that contains viruses, worms, defects, Trojan horses or other items of a harmful or disruptive nature; IV. Participate in commercial activities (including, without limitation, sales, contests or sweepstakes) without the prior written consent of GRUPO 2K SAS ; V. Request, or collect personal information for commercial or illegal purposes; SAW. Request personal information from minors;
VII. Send mass emails, surveys or other mass messages, whether commercial or not;
VIII. Engaging in keyword spamming, or attempting to manipulate the Site's search results; either
- Impersonate any other individual or entity.
- You also do not agree, and you will not assist, encourage, or permit others to:
- Restrict or inhibit any other user from using and enjoying the Site (for example, through hacking or defacing);
- Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Site;
III. Remove or modify any copyright, trademark, or other proprietary rights notice appearing anywhere on the Site or on any material printed or copied from the Site;
- Register, process or extract information about other users; V. Reformat or frame any part of the Site;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on GRUPO 2K SAS ' technology infrastructure or otherwise make excessive traffic demands on the Site;
VII. Attempting to gain unauthorized access to the Site, user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
VIII. Use any device, software or routine that interferes with the proper working of the Site, or attempts to interfere with the proper working of the Site;
- Use the Site to breach the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or cause damage to, the Site; either
- Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of Site content, or features that enforce limitations on use of the Site.
The Site may include links to other websites or applications (each, a "Third Party Site"). Unless otherwise indicated, GRUPO 2K SAS does not operate, control or endorse any information, products or services on any third party site. You agree that we are not responsible for the availability or content of Third Party Sites and that your use of Third Party Sites is at your own risk.
You agree to indemnify, defend, and hold harmless GRUPO 2K SAS and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including, without limitation, reasonable fees of lawyers. , as a result of (i) your access to or use of the site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the site, or (iv) the violation by you, or a third party using your account, of any intellectual property or other right of any person or entity.
OF WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY.
Please read this section carefully which limits the liability of GRUPO 2K SAS and its subsidiaries, affiliates and licensors. Each of these subsections below only applies to the fullest extent permitted by applicable law. Nothing here is designed to limit any rights you may have, which cannot be legally limited.
- The Site is made available to you "as is", "with all faults" and "as available". Your use of the site is at your own discretion and risk. GRUPO 2K SAS makes no representations or promises about the quality, accuracy or reliability of the site, its security, or the content of the site, therefore, GRUPO 2K SAS is not responsible for any loss or damage that may arise from your use of the site. place.
- GRUPO 2K SAS does not guarantee that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected or that the site or any third-party site, or the servers that make them available free of viruses or other harmful components.
- GRUPO 2K SAS does not warrant or make any representations regarding the use or the results of the use of the materials on the site or any third party site.
PROHIBITION BY PLACE OF ORIGIN.
Although this site is accessible worldwide, not all products or services mentioned or referenced on this site are available to all persons or in all geographic locations. GRUPO 2K SAS reserves the right to limit, at its sole discretion, the provision and quantity of any product or service to any person or geographic area that so desires, informing consumers of the restrictions in different regions. Any offer for any product or service made on this Site is void where prohibited.
If you wish to purchase products or services described on the Site, you may be asked to provide certain information, including credit card or other payment information. By initiating a transaction, you warrant and represent that (A) you are eighteen (18) years of age or older and (B) have the legal right to use the means of payment you
select. You agree that all information you provide will be accurate, complete, and up-to-date. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes related to your purchases. GRUPO 2K SAS shall have the right to change the price and availability of any particular product(s) or service(s) without notice at any time. GRUPO 2K SAS does not offer refunds in case of temporary or permanent price drops after the purchase at higher prices. All sales of digital content are final.
Certain products or services may be available exclusively online through the Website. These products or services may be in limited quantities and subject to return or exchange in accordance with our return policy only.
OF THE RULES FOR PROMOTIONS.
Any contests, sweepstakes, surveys, games or similar promotions (collectively "Promotions") available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such promotions, you will be subject to those rules, which may vary from the terms set forth herein. GRUPO 2K SAS advises you to carefully review any specific rules applicable to a particular promotion. To the extent the rules of a Promotion conflict with these terms, the rules of the Promotion will control.
OF THE CHOICE OF LAW AND VENUE.
These Terms will be governed and interpreted in accordance with the laws of the country of Colombia, excluding the rules of its choice of law. Each party submits to the exclusive jurisdiction of state courts located throughout the country, and waives any jurisdiction, venue, or forum objection. Each party further agrees as follows: Any claim brought to enforce these terms and conditions must be commenced within two (2) years after the cause of action accrues.
OF THE GENERAL TERMS.
- The Terms contain the entire agreement between you and us regarding the use of the site, and supersede any prior agreements between you and us on this subject. The parties acknowledge that no representation made not expressly contained in these terms is relied upon.
- We may send you notices, including those regarding changes to the terms, by email, postal mail, or communications through the Site. C. Any failure by GRUPO 2K SAS to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The fact that either party exercises in any respect any right hereunder shall not be deemed a waiver of any other rights hereunder.
DESIGNATED AGENT UNDER LAW 1915 OF 2018 AND LAW 23 OF 1982
The Copyright Law provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. According to the DNDA, a claim must be submitted to the Service Provider's Designated Agent. If you believe in good faith that GRUPO 2K SAS should be notified of a possible online copyright infringement related to any GRUPO 2K SAS site , please notify the designated agent of GRUPO 2K SAS Medellín, Antioquia – Department of Legal and Commercial Affairs, 2K SAS GROUP Telephone: 323 288 4239 ; Email:
Please note that your notice of claim must meet the detailed requirements set forth in the law to be effective. We recommend that you review them before submitting your notice of claim.
OF THE FULL ACCEPTANCE OF THE TERMS AND CONDITIONS.
The consumer expressly states that they have the legal capacity to use the platform and to enter into commercial transactions that may be generated with the related parties. In the same way, the consumer declares that the information provided by him is real, truthful and reliable. As a consequence of the foregoing, you expressly declare that you have read, understand and accept the circumstances regulated in this document of Terms and Conditions of Use of the Platform, and consequently undertake to fully comply with the duties, obligations, actions and omissions expressed in this document.
Consumers from other countries who decide to use the platform in Colombia, for their orders and services, fully accept the provisions of this document.
2K SAS GROUP PRIVACY NOTICE
In order to comply with the provisions of Laws 1266 of 2008, 1581 of 2012 and Decree 1377 of 2013, as in the other norms consistent with the handling of personal data, GRUPO 2K SAS, informs that the data provided by the
Consumers will be treated in accordance with this privacy notice and the company's PERSONAL DATA PROCESSING POLICY and published on its virtual platform.
GRUPO 2K SAS is responsible for the processing of personal data. Therefore, it will maintain the storage of said data and will comply with its confidentiality, meeting the requirements and security measures required by law.
The owner of the information expressly, voluntarily and informedly accepts that the data recorded in the platform's databases be collected for the purposes of:
o Collect or collect personal data and incorporate and store it in our database for the user's consumption history. o Use the data provided in communication, dissemination and promotion campaigns or offer of products, activities or services developed as part of the company's internal strategies.
o Keep historical records of the company and maintain contact with the owners of the data.
o Study and analyze the information provided for the monitoring and improvement of the products, the service and the attention that the user receives both from the platform and from the representatives.
GROUP 2K SAS SOLVES THE MYSTERY 2.0
This strategy will be in force from JULY 13, 2023 TO JULY 16, 2023 Available in stores showing the publication and on digital channels (Whatsapp and Instagram) solving the mystery. References of the new collection (THE B FILES) are the only ones that will have a discount. Discounts subject to availability of each product. This discount cannot be combined with other discounts and/or promotions. Discount applies to the new collection. In case of changes or guarantees apply terms and conditions based on change policy in Bruna