Terms and Conditions

TERMS AND CONDITIONS

FIRST: GENERALITIES

This document regulates the terms and conditions under which you have the right to access and use the services of the CREA TU AMBIENTE SPA website www.fineartlatinoamerica.com and any information, text, video or other material communicated on the website.

On this website you may use, free of charge, the software and applications for mobile devices that allow you to browse, visit, compare and, if you wish, purchase the goods or services displayed here.

We recommend that you read these Terms carefully and print or save a copy of them to your local disk drive for your records.

These Terms and Conditions will be applied and will be understood to be incorporated into each of the contracts that you enter into with CREA TU AMBIENTE SPA through this website.

The use of this website, the application of these Terms and Conditions, the acts you perform and the contracts you enter into through this website are subject to and governed by the laws of the Republic of Chile and in particular by Law 19,496 on the protection of consumer rights.

CREA TU AMBIENTE SPA will therefore strictly apply all the benefits, guarantees and rights recognized in favor of consumers in Law 19,496. In addition, CREA TU AMBIENTE SPA adheres in all its parts to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce, which is available at the following link https://cdn.shopify.com/s/files/1/1310/8733/files/BUENAS_PRACTICAS.pdf?8486900398745836856 .

SECOND: COMMUNICATIONS

For the communication of any presentation, query or claim regarding the use of this site, or the contracts carried out therein, CREA TU AMBIENTE SPA, represented by Mr. IGNACIO SANCHEZ LABRA, CI Nº DESIGN MANAGER available at the email HOLA@FINEARTLATINOAMERICA.COM ; and at the Customer Service telephone number +56988191005, domiciled for these purposes at PASEO BULNES 209, OF 82, commune of SANTIAGO, city of SANTIAGO. His legal representation to act on behalf of CREA TU AMBIENTE SPA is recorded in a public deed dated JULY 27, 2020 granted at the Notary Office of Santiago, before the Notary Public, Mr. FELIX JARA CADOT.

CREA TU AMBIENTE SPA undertakes that if it sends you advertising or promotional information by email, it will contain at least the following information:

  1. Identification of the message, making it recognizable as advertising or promotional communication, in the subject field of the message.
  1. b) Existence of the right of the consumer or user to request the cessation of sending advertising of this type by CREA TU AMBIENTE SPA and the obligation of CREA TU AMBIENTE SPA to suspend such sending.
  2. c) A simple and effective procedure for the consumer to make such a request, indicating an electronic address for such purposes.
  3. d) The advertiser's identification with its commercial name.

In the case of teaser advertising, the obligations indicated above will be fulfilled to the extent that the agency carrying it out is identified.

CREA TU AMBIENTE SPA will cease sending advertising or promotional messages by email or other equivalent means of individual communication to any person who has expressly requested the suspension of such messages.

THIRD: FREEDOM OF NAVIGATION AND ACCEPTANCE OF TERMS AND CONDITIONS

Merely visiting this site does not impose any obligation on the user, unless the user unequivocally expresses, through positive acts, his or her willingness to contract with the company to acquire goods or services, in the manner indicated in these terms and conditions.

To accept these Terms and Conditions, the user must click where the CREA TU AMBIENTE SPA website www.fineartlatinoamerica.com offers this option in the user interface with the phrase “I have read and accepted” or another equivalent that allows the user to give unequivocal consent regarding acceptance.

FOURTH: REGISTRATION

Registration on the site and the use of a password is not a mandatory requirement for contracting, however it facilitates personalized, confidential and secure access to the site.

If you register on the site, you will be given a secret password that you can access and even change if you so require. To activate the password, you must complete the registration form available on the site and send it to CREA TU AMBIENTE SPA by clicking on the corresponding field.

The user and administrator will be responsible for the confidentiality of the password within the scope that corresponds to each one.

FIFTH: HOW TO HIRE

To make purchases or hire services on this site you must follow the steps below by clicking on the corresponding field:

  1. To begin the contracting process, you must confirm that you have read and accepted these Terms and Conditions.
  2. Select the product or service you are interested in and add it to your shopping cart.
  3. Log in to the site or enter your email and password. If you are not registered and wish to do so, use the “Register your password” icon.
  4. Select the type of dispatch and delivery from the alternatives available on the site https://fineartlatinoamerica.com/pages/despachos, if there are no alternatives available follow the instructions for delivery as indicated on the site.
  5. Select the payment method.
  6. Once the order is placed, the following will appear on the screen: This information should appear before the payment method selection and is how it works on most sites.
  1. A description of the product or service contracted.
  2. indication of shipping cost if applicable.
  3. Delivery times depending on the type of shipment chosen.
  4. means of payment.
  5. total value of the transaction.
  6. other conditions of the order.
  7. Possibility of printing and storing the order.
  8. also a unique order number, with which you can track it online.
  1. Sending information to the registered email.
  2. The order will then automatically go through an identity confirmation process, always safeguarding the security and privacy of the user and the contracting process, availability, validity and limit of the payment method that has been selected.
  3. Once the above has been completed, the contract is perfected by charging the selected payment method, the purchase receipt with the corresponding ticket or invoice will be sent in electronic format and the product will be dispatched, according to the delivery method that has been selected.
  4. The buyer's rights will not be affected nor will he be charged without his identity being confirmed.

SIXTH: PAYMENT METHODS

Unless a different method is indicated for specific cases or offers, the products and services reported on this site may only be paid for by:

  1. Visa, Mastercard, Dinners Club International or American Express bank credit cards, issued in Chile or abroad, provided that they maintain a valid contact for this purpose with CREA TU AMBIENTE SPA
  2. Bank debit cards included in the Redcompra system, issued in Chile by national banks, which maintain a valid contract for such purposes with CREA TU AMBIENTE SPA

Payment with debit cards will be made through WebPay, which is an electronic payment system that automatically charges the user's bank account.

Users declare that they understand that these payment methods or payment portals belong to third-party companies that provide these services, independent and not linked to CREA TU AMBIENTE SPA, so the continuity of their provision of services over time, as well as the correct functioning of their online payment tools and buttons, will be the exclusive responsibility of the companies that provide these services and in no case of CREA TU AMBIENTE SPA.

SEVENTH: RIGHTS AND GUARANTEES

Exchanges and returns

If the purchased product does not satisfy you, it can be exchanged or returned without problems up to 30 days after the date it was received, at any branch of the company, or if it was shipped, the company can go and pick it up at the same place, paying only the cost of transportation, which will be the same cost as the shipment.

In order to make an exchange or return, the product must be unused, with all its accessories and original packaging.

For exchange or return, the receipt, shipping guide, exchange ticket, or other proof of purchase must be presented.

This warranty does not apply to custom-made or made-to-order products. In the case of products that are reported as used, opened, second-select or with some defect, which are purchased after having been informed of this situation on the site and having a reduced price, the exchange or refund will not be applicable.

In the event of a refund, the company will make a payment using the payment method used within a period of no more than 72 hours after the refund has been accepted, which will be reported to you via the email address that has been registered.

Right of Withdrawal

The user will have a period of 10 days to terminate the contract entered into by electronic means from the time he receives the product or from the time he contracts the service, before it is provided.

To exercise this right, you must use the same means that you used to enter into the contract and provided that CREA TU AMBIENTE SPA has sent you notification that the contract has been concluded, a complete copy, clear, understandable and unequivocal access to the general conditions of the contract and the possibility of storing or printing them.

If CREA TU AMBIENTE SPA has not complied with sending the written communication mentioned above, the period will be extended to 90 days.

This right may not be exercised when the goods, material to the contract, have deteriorated due to an act attributable to the consumer.

If the good or service was obtained through credit, the credit is void but the interest is borne by the consumer when it was granted by a third party.

CREA TU AMBIENTE SPA will be obliged to refund the sums paid, without withholding any expenses, as soon as possible and, in any case, within 45 days of notification of the withdrawal. In the case of services, the refund will only include those sums paid that do not correspond to services already provided at the date of withdrawal. You must return in good condition the packaging elements, user manuals, boxes, protective elements and any other element that came with the goods.

Legal Guarantees

If the product does not have the technical characteristics reported, if it is damaged or incomplete, it can be exchanged immediately. If it presents faults or defects within 3 months from the date it was received, you can choose between free repair, or prior restitution, its exchange or the refund of the amount paid, provided that the product has not been damaged by an act attributable to the consumer. It can be delivered directly to a technical service authorized by the manufacturer or to any CREA TU AMBIENTE SPA branch.

If the product has a manufacturer's warranty, the term of this warranty will apply, if this period is longer. However, if the product is perishable or is naturally intended to be used or consumed within a short period, the return period will be the one printed on the product or its packaging or, failing that, it will be 7 days. All these periods will be suspended for the time in which the good is being repaired under the warranty, and until the repair is completed.

The following will be considered a failure or defect:

  1. Products subject to mandatory safety or quality standards that do not meet specifications
  2. If the materials, parts, pieces, elements, substances or ingredients that constitute or integrate the products do not correspond to the specifications they bear or to the mentions on the label.
  3. Products that, due to deficiencies in manufacturing, processing, materials, parts, pieces, elements, substances, ingredients, structure, quality or sanitary conditions, where applicable, are not entirely suitable for the use or consumption for which they are intended or for which the supplier has indicated in their advertising.
  4. If the supplier and consumer have agreed that the products subject to the contract must meet certain specifications and this does not occur.
  5. If after the first time the guarantee has been made effective and the corresponding technical service has been provided, the deficiencies that make the product unfit for the use or consumption referred to in numeral 3 persist. This right will continue to exist in the event of a deficiency that was the subject of the technical service, or if the same deficiency occurs again.
  6. If the object of the contract has hidden defects or defects that make it impossible to use it for its normal purpose.

EIGHTH: DELIVERY OF PRODUCTS

Dispatch of Products

The conditions of dispatch and delivery of the purchased products may be chosen from among the options offered on the site.

NINTH: RESPONSIBILITY

Under no circumstances will CREATE YOUR ENVIRONMENT SPA be liable for:

  1. The improper use that Users or visitors of the Site may make of the materials displayed, of industrial property rights and of intellectual property rights.
  2. Damages or eventual losses and losses that may be caused to Buyers and/or Users due to the operation of the search tools and errors generated by the technical elements of the Site or search engine.
  3. Contents of the pages that Buyers or Users can access with or without authorization from CREA TU AMBIENTE SPA
  4. Access by minors or persons without capacity, under the terms of the corresponding legislation, to the contents adhering to the contractual relationship arising from The Site.
  5. Loss, misuse or unauthorized use of your validation code, whether by the User and/or buyer Buyers, or by third parties, after the purchase has been made in the manner expressed in the Terms and Conditions. Likewise, the parties recognize and record that the computer platform provided by CREA TU AMBIENTE SPA is not infallible, and therefore, during the term of this Contract, circumstances beyond the control of CREA TU AMBIENTE SPA may occur, which imply that the Site or the computer platform are not operational for a certain period of time.
  6. Information about CREATE YOUR SPA ENVIRONMENT or its services found on sites other than www.fineartlatinoamerica.com

In such cases, CREA TU AMBIENTE SPA will endeavour to restore the Site and the computer system as quickly as possible, without any liability being attributed to it.

CREA TU AMBIENTE SPA does not guarantee the availability and continuity of the operation of the Site, nor that at any time and place, Users can access the promotions and Offers of the Site.

CREA TU AMBIENTE SPA is not responsible for viruses or other elements in electronic documents stored in the computer systems of Users. CREA TU AMBIENTE SPA will not be liable for any damages caused to the Client, arising from the inappropriate use of the technologies made available to the Client, regardless of the manner in which these technologies are inappropriately used. CREA TU AMBIENTE SPA will not be liable for damages caused to the Site by improper and bad faith use by Users and/or Buyers. However, in the event of a double payment being made by a User or Buyer on the Site, CREA TU AMBIENTE SPA will return the amount of the overpayment within 3 days following receipt of the respective written claim from the User or Buyer, to which the originals of the receipts of the additional payment to the purchased item are attached.

In Login, registration and communication with payment companies, CREA TU AMBIENTE SPA uses digital security certificates (SSL) in order to encrypt communication. CREA TU AMBIENTE SPA does not manipulate or store financial data of its clients.

In any case, the liability of CREA TU AMBIENTE SPA, contractual, extra-contractual or legal, with the Users, Buyers or visitors of the Site will not exceed the price actually paid by the Buyer in consideration for the product or service, without prejudice to what is determined by the Courts of Justice.

TENTH: DATA SECURITY AND SECRET KEY

Users' Responsibility for Information Registered on the Site

CREA TU AMBIENTE SPA will adopt the necessary and prudent measures to safeguard the security of the data and secret key, such as information encryption systems, security certificates or others that the company deems appropriate. If changes are detected in the information that you have registered on the site, or in the event of any irregularity in the transactions related to your identification or the payment method, or simply as a measure to protect your identity, our executives may contact you by phone or email, in order to corroborate your data and try to avoid possible fraud.

If we cannot establish contact within 72 hours, for your own safety, your purchase order placed on our site cannot be confirmed. We will inform you by phone or email that your order has been cancelled due to not being able to confirm your identity or the payment method offered. In addition, the receipts of the steps taken to contact you and confirm the operation will be available in our offices for 30 days, so that you can confirm the purchase order. Any questions can be made to HOLA@FINEARTLATINOAMERICA.COM

However, Users and/or Buyers are exclusively responsible for the loss, misuse or unauthorized use of the validation code, whether by themselves or by third parties, after the purchase has been made in the manner expressed in the Terms and Conditions.

Personal data :

Users and/or Buyers guarantee that the information they provide for the conclusion of the contract is true, complete, accurate and up-to-date.

In accordance with Law 19.628, the personal data provided on the Website will become part of a database of CREA TU AMBIENTE SPA and will be used solely and exclusively for the purposes for which they were provided and especially for general communication between the company and its customers, validating purchase data, arranging delivery and answering queries. The data will not be communicated to other companies without the express authorization of its owner, nor will it be transferred internationally.

CREATE YOUR SPA ENVIRONMENT never requests personal or financial information via email

CREA TU AMBIENTE SPA assumes that the data has been entered by its owner or by a person authorized by the owner, and that it is correct and accurate. Users and/or Buyers, by accepting these Terms and Conditions, declare that the personal data they provide through the online forms on the CREA TU AMBIENTE SPA website may be used for subsequent Offers different from those offered on the Site.

Without prejudice to the foregoing, CREA TU AMBIENTE SPA guarantees users the free exercise of their rights to information, modification, cancellation and blocking of their personal data established in Law 19,628. Consequently, buyers may make requests related to said rights, and within a maximum period of two calendar days, CREA TU AMBIENTE SPA must respond and effectively implement this request.

Electronic Documents:

The user, in his/her capacity as manual receiver of electronic documents, in accordance with Exempt Resolution No. 11 of February 14, 2003 of the Internal Revenue Service (which established the procedure for taxpayers authorized to issue electronic documents to also send them by these means to manual receivers), declares and accepts the following:

By approving these terms and conditions, the user authorizes the company CREA TU AMBIENTE SPA, RUT 77.193.128-6, to deliver the corresponding tax document for this transaction only by electronic means. Likewise, the user authorizes that the notice of publication of the tax document be sent to me by email.

In accordance with the indicated regulations, and in case the user requires it to support the accounting information, he/she assumes the following obligations in relation to said tax documents:

  1. Print the documents received electronically, for each tax period, immediately upon receipt from the issuer.;
  2. Print the document in the size and form in which it was generated;
  3. Use white original-type paper with a minimum size of 21.5 cm x 14 cm (1/2 letter) and a maximum size of 21.5 x 33 cm (legal);
  4. Print in a quality that ensures the document remains legible for a minimum period of six years, as established by current legislation on the subject. This printing will be done using laser or inkjet printing, unless a different authorization or regulation is established in this regard.

ELEVENTH: SCOPE OF CONDITIONS REPORTED ON THE SITE

CREA TU AMBIENTE SPA will not modify the conditions under which it has contracted with consumers on this site. As long as they appear on this site, the reported prices will be available to the user, even if they are not the same as those offered on other CREA TU AMBIENTE SPA sales channels, such as physical stores, catalogues, television, radio, or others.

However, prices are applicable to the delivery or dispatch city. If, once a product has been added to the shopping cart, the delivery or dispatch address is changed to a different city, the total price of the product will change according to the shipping costs to the new registered city.

Any changes to the information published on this site, including those relating to merchandise, services, prices, stocks and conditions, promotions and offers, will take place before receiving a purchase order and will only refer to future transactions, without affecting, in any case, rights acquired by consumers.

The promotions offered on the site will not necessarily be the same as those offered by CREA TU AMBIENTE SPA through other sales channels. In the case of promotions that consist of the free or discounted delivery of a product for the purchase of another, the delivery of the product that is delivered free of charge or at a discounted price will be made to the same place to which the purchased product is delivered, unless the purchaser requests, when accepting the offer, that the products be sent to different addresses, in which case he/she must pay the cost of the delivery of both products. You cannot participate in these promotions without purchasing all the products included in them together.

TWELFTH: INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, button icons, source code, images, audio clips, digital downloads and data compilations, is the property of CREA TU AMBIENTE SPA or its content providers, and is protected by Chilean and international intellectual property laws. The graphics, logos, page headers, advertising phrases, button icons, written texts and service names included on this site are trademarks, creations or commercial images owned by CREA TU AMBIENTE SPA in Chile and other countries. Such trademarks, creations and commercial images may not be used in relation to any product or service that may cause confusion among customers and in any way that disparages or discredits CREA TU AMBIENTE SPA. Other trademarks that are not owned by CREA TU AMBIENTE SPA and that appear on this site belong to their respective owners.

All rights not expressly granted in these Terms and Conditions are reserved by CREA TU AMBIENTE SPA or its assignees, suppliers, editors, rights holders or other content providers. No product, image or sound may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any purpose, in whole or in part, without the prior written consent of CREA TU AMBIENTE SPA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CREA TU AMBIENTE SPA, without our prior written consent. You may not use meta tags or any other "hidden text" utilizing CREA TU AMBIENTE SPA's name or trademarks, without the prior written authorization of this company. Any improper use of this site or these trademarks, licenses or patents is prohibited. The foregoing, without prejudice to the exceptions expressly stated in the law.

CREA TU AMBIENTE SPA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes intellectual property infringement, please contact us at HOLA@FINEARTLATINOAMERICA.COM

THIRTEENTH: APPLICABLE LEGISLATION AND JURISDICTION

These terms and conditions are governed by the laws of the Republic of Chile. Any controversy or conflict arising from the use of the CREA TU AMBIENTE SPA website, its Terms and Conditions and Privacy Policies, its validity, interpretation, scope or compliance, will be subject to the applicable laws of the Republic of Chile.