9 TO 9 DELIVERY Y
AFILIADOS
TERMINOS Y CONDICIONES
DE USO
A1-GENERAL FEATURES
9 TO 9 DELIVERY is a company incorporated under
Colombian law, identified with NIT. 901586921, domiciled in the city of
Medellín, who for the purposes of these Terms and Conditions of Use of the 9 TO
9 DELIVERY Platform (hereinafter, “Terms and Conditions”) will be called 9 TO 9
DELIVERY
A2 -DEFINITIONS
–ALIADOS: Natural or legal person that
exhibits, offers, and markets products and/or services through the 9 TO 9
DELIVERY Platform, so that they can be acquired by Users/Consumers.
-CREDITS / PROMOS: Means the intangibles that the User/Consumer
has in the section called “Promos and Credits” within the 9 TO 9 DELIVERY
Platform, with which they can acquire the products and/or services displayed on
the 9 TO 9 DELIVERY Platform.
-PERSONAL DATA: It is all information that
identifies or makes identifiable a natural person.
–PLATFORM 9 TO 9
DELIVERY: Virtual platform made up of an application for computer
devices, mobile phones and a web pages through which Businesses display,
offer and they market products and/or services so that they can be acquired by
Users/Consumers, using 9 TO 9 DELIVERY DIRECTORY
-INDEPENDENT DISTRIBUTOR: A natural person (PARCERITO) who,
freely and voluntarily, as a representative of the Users/Consumers, accepts the
management of the orders requested by them through the 9 TO 9 DELIVERY
Platform.
-CLIENT: Natural person whose Personal
Data is subject to Treatment.
–TREATMENT (collection)It
is any operation or set of operations on Personal Data, such as collection,
storage, use, circulation or deletion.
-CONSUMER/USER: Natural person who, as final
recipient, uses 9 TO 9 DELIVERY Platform to acquire the products and/or
services exhibited, offered and marketed by Businesses through 9 TO 9 DELIVERY.
–OBJECT: These Terms and Conditions regulate
the authorization of use granted by 9 TO 9 DELIVERY Users/Consumers for them to
enter the 9 TO 9 DELIVERY Platform, it is report on the products and services
exhibited, offered and marketed by the Allies Commercial, and can acquire them
through the 9 TO 9 DELIVERY Platform
A3 – ACCEPTANCE OF THE
TERMS AND CONDITIONS The Consumer/User, when registering on the 9 TO
9 DELIVERY Platform, voluntarily accepts in a prior, express and informed
manner the content of these Terms and Conditions in their entirety, therefore,
they are irrevocably bound to them.The natural person who fully accepts these
Terms and Conditions declares and guarantees to be the Consumer/User who will
use the 9 TO 9 DELIVERY Platform.
A4 -OPERATION OF THE 9
TO 9 DELIVERY PLATFORM The 9 TO 9 DELIVERY Platform is a virtual platform through
which you can connect: (i) Businesses ALIADOS; (ii) Consumers/Users;
and (iii) PARCERITOS who are Independent
Distributors . Thus, through the 9 TO 9 DELIVERY Platform, Businesses
ALIADOS can exhibit their products and/or services, in order for them to be
acquired by the Consumers/Users. The latter, in turn, can connect with the
Independent Distributors to carry out the corresponding order. It is
important to clarify that 9 TO 9 DELIVERY Platform does not market products
and/or services or provide logistics and/or delivery services to
Consumers/Users. Prices, quantity,availability and characteristics of the
products and/or services displayed on the 9 TO 9 DELIVERY Platform are
determined directly by the Businesses (ALIADOS) and not by MY PARCEROS
Platform.
Taking this into
account, and by virtue of article 53 of Law 1480 of 2011 and the Guide for the
protection of electronic commerce consumers, issued by the Superintendence of
Industry and Commerce, 9 TO 9 DELIVERY Platform is a contact portal.
The Consumer Statute
Article 53. Contact portals Whoever makes available an electronic platform in
which natural or legal persons can offer products for sale and in turn
consumers can contact them through the same mechanism, it must require all
bidders to provide information that allow their identification, for which they
must have a record in which it is stated, as minimum, the name or
company name, identification document, physical address of notifications and
phones. This information may be consulted by anyone who has purchased a
product in order to file a complaint or claim and must be provided to the
authority competent when requested.
Colombia Art. 53 The
Consumer Statute is issued and other provisions are issued
A5 – INDEMNITY The User/Consumer undertakes to defend
and hold 9 TO 9 DELIVERY harmless for any event resulting from the unauthorized
use of the 9 TO 9 DELIVERY Platform by of the User/Consumer, or of any breach
of these Terms and Conditions.
A6 – PAYMENT
METHOD Payment for orders
requested through the 9 TO 9 DELIVERY Platform will be made through the payment
method registered and selected by the User/Consumer on the 9 TO 9 DELIVERY
Platform. In the case in which 9 TO 9 DELIVERY verifies that the payment method
selected by the User/Consumer is effective, this will be canceled to the
Business PARCEROS
By requesting the order
through the Parceros Platform, the User/Consumer irrevocably accepts the costs
(value of the products, value of the address, service fee, among others), which
are discriminated against in the Check-Out of the order.The legal representatives
of the Users/Consumers who are minors expressly declare that they have
authorized the latter to register on the 9 TO 9 DELIVERY Platform, it being
understood that they are responsible for the use of 9 TO 9 DELIVERY Platform by
the Users/Consumers who are minors.
Consumer must refrain
from transferring to third parties the validation data of your account on the 9
TO 9 DELIVERY Platform; (1) Notify 9 TO 9 DELIVERY of any unauthorized
use of your account within 9 TO 9 DELIVERY Platform; (2) Refrain from using 9
TO 9 DELIVERY Platform to perform acts contrary to morality, law, public order,
and good customs against 9 TO 9 DELIVERY, the Independent Couriers
(Parceritos), Commercial Partners (Aliados), and / or third parties; (3)
Cosumer must have sufficient funds to process the payment of orders requested
through 9 TO 9 DELIVERY Platform; (4) Make the payment of the total value
of the order through 9 TO 9 DELIVERY Platform in accordance with the payment
method selected at Check-Out Page; (5) Refrain from registering payment methods
owned by third parties without their authorization; (6) Register payment
methods in accordance with the verification process within 9 TO 9 DELIVERY
Platform; (7) Pay any debt generated by virtue of the use of 9 TO 9 DELIVERY
Platform by the Consumer/ User. The Consumer acknowledges and accepts that 9 TO
9 DELIVERY may deduct the value of the debt from any payment method registered
on 9 TO 9 DELIVERY Platform; (8) Refrain from requesting any compensation that
is untrue; (9) Receive the products ordered through 9 TO 9 DELIVERY
Platform; (10) Verify that the products and/or services requested through
9 TO 9 DELIVERY Platform correspond to those requested by the
Consumer/User ; (11) Be informed about the instructions for use and consumption
of the products ordered through 9 TO 9 DELIVERY Platform; (12) Ensure
that the order data (products, delivery address, among others) are correct
before requesting it; (13) Refrain from conduct that violates the operation
of 9 TO 9 DELIVERY Platform; (14) Refrain from entering into relations with
Independent Couriers (Parceritos) and / or Commercial Allies (Aliados)to carry
out illicit activities and / or contrary to morality and good customs; (15)
Refrain from impersonating other Users/Consumers; (16) Refrain from deciphering
or decompiling any element of 9 TO 9 DELIVERY Platform; (17)
Refrain from having more than one (1) account on 9 TO 9 DELIVERY Platform with
the same Personal Data. The Consumer acknowledges and accepts that 9 TO 9
DELIVERY reserves the right to deactivate accounts that do not comply with
these parameters; (18) Maintain custody of the mobile or portable device
through which you access 9 TO 9 DELIVERY Platform, guaranteeing that
third parties do not have improper access to 9 TO 9 DELIVERY Platform due
to actions or omissions of the User / Consumer. It is clarified that, in the
event that it becomes evident that the User/Consumer has not properly guarded
his/her mobile or portable device, 9 TO 9 DELIVERY will not have any type of
responsibility for unauthorized access by third parties to 9 TO 9 DELIVERY
Platform; (19) Treat Independent Couriers (Parceritos) and customer service
agents respectfully; (20) Refrain from using the intellectual property of 9 TO
9 DELIVERY and/or the Commercial Partners (Aliados)for purposes not expressly
authorized by them.
A7 – REFUND METHOD
The 9 TO 9 DELIVERY
Platform, as a virtual platform, can connect: (1) Business ALIADOS
(Restaurants); (2) Users/Consumers (Customer); and (3) Independent Delivery
Drivers (PARCERITOS).Through the 9 TO 9 DELIVERY Platform , Business ALIADOS
(RESTAURANTS) can send their products and/or services, maintaining the responsibility
of a product and/or service well packaged and correctly processed and prepared.
If these are not met, the cost of the product will not be reimbursed. The
Delivery Man (Parceritos) have the responsibility of transporting and
completing the address of the product, completely as it was delivered at the
point requested by the consumer/User. It will be verified by taking a
photograph and/or signature if it is received correctly. In the event that
the above does not occur, the Delivery Man (PARCERITOS) will be guided by the
reimbursement guidelines of MIS PARCERITOS and 9 TO 9 DELIVERY Platform
will deducted any cost from their revenue as not being careful enough on the
delivery and/or Transporting the Items.
Payment method: Any
purchase within 9 TO 9 DELIVERY Platform that has a return will be made
to the payment method selected by the Consumer/User in the order subject to
compensation and / or return. The adjustment will be reflected within thirty
(30) business days in the Consumer/User’s payment method.
Returns for purchases
made with the means of payment called “Nequi”, PSE”, “Boton Colombia” will be
automatically returned to the bank account registered by the User / Consumer.
The transfer will be reflected within three (3) business days.
A8 – WARRANTY
The User/Consumer
acknowledges and accepts that the process of guaranteeing the product and/or
service acquired through the 9 TO 9 DELIVERY Platform must be done directly
before the respective Commercial Ally, who acts as producer/supplier of the
products and/or services mentioned. Consequently, the User/Consumer
acknowledges that 9 TO 9 DELIVERY Platform, in its capacity as contact portal,
is not obliged to answer for the guarantee of the products and/or services
exhibited, offered and marketed by the Allies Commercial through the 9 TO 9
DELIVERY Platform, by virtue of Law 1480 of 2011 and the
Guide for the protection
of the electronic commerce consumer, issued by the Superintendency of Industry
and Commerce.
A9 – RIGHT OF WITHDRAWAL
In the case in which the
User/Consumer wishes to exercise the right of withdrawal with respect to a
product and/or service acquired through the 9 TO 9 DELIVERY Platform, the
User/Consumer must bring the sales invoice directly to the establishment of
commerce of the respective Commercial Ally, in the cases where it is
appropriate and demandable as established in article 47 of Law 1480 of 2011.
A10 – PERSONAL DATA OF
USERS/CONSUMERS
The User/Consumer may
register on the 9 TO 9 DELIVERY Platform with the Personal Data registered on
the social networks Facebook and Google +, if they have an account on them. The
Treatment of Personal Data of Users/Consumers is described in the Policy of
Privacy of 9 TO 9 DELIVERY, available.
A11 – PRICES DISPLAYED
ON THE PLATFORM 9 TO 9 DELIVERY
The prices of the
products and/or services displayed on the 9 TO 9 DELIVERY Platform are set by
the Business (ALIADOS), who act as suppliers and/or producers thereof. When,
due to technological errors, erroneous prices of the products and/or services
marketed by Business (ALIADOS) are displayed through the 9 TO 9 DELIVERY
Platform, in order to protect the consumer’s right to receive truthful and
sufficient information, 9 TO 9 DELIVERY and/or Business (ALIADOS) may cancel
orders based on said products and/or services, which will be reported to the
User/Consumer.
A12 – SERVICE FEE FOR
THE USE OF THE 9 TO 9 DELIVERY PLATFORM
By accepting these Terms
and Conditions, Users/Consumers accept that 9 TO 9 DELIVERY charges a variable
rate, called “Delivery Fee” or “Service Fee” for the use of the 9 TO 9 DELIVERY
Platform. The value of the Service Fee is communicates to the User/Consumer during
the Check-Out process of each order.
A13 – AVAILABILITY OF
PRODUCTS AND SERVICES
The User/Consumer
acknowledges and accepts that 9 TO 9 DELIVERY Platform is not the
producer, supplier, vendor, agent and/or distributor of the products and/or
services displayed on the Platform 9 TO 9 DELIVERY. Therefore, 9 TO 9 DELIVERY
is not responsible for the lack of availability of the products and/or services
exhibited, offered and marketed by the Allies Commercials (ALIADOS) through the
9 TO 9 DELIVERY Platform
A14 – ACQUISITION OF
ALCOHOLIC BEVERAGES, TOBACCO, AND TOBACCO DERIVATIVES
Restricted use products,
such as tobacco and alcoholic beverages, may only be requested by the
User/Consumer who proves to be of legal age, all of which must be expressly stated when
registering on the 9 TO 9 DELIVERY Platform and/or select the respective
product. In the event that the Independent Distributor identifies at the time
of delivery that the. User/Consumer is not of legal age, will not deliver the
products to the User/Consumer, understanding that, in this case, 9 TO 9
DELIVERY and/or the Distributor Independiente (PARCERITOS) will not have any
type of responsibility for the non-delivery of the products. Notwithstanding
the measures taken by 9 TO 9 DELIVERY to prevent alcoholic beverages and derivatives
of tobacco are acquired by minors, the legal representatives of Users/Consumers
who are minors are responsible for the Platform 9 TO 9 DELIVERY is used by said
Users/Consumers in compliance with these Terms and Conditions and applicable
law.
A15 – ACQUISITION OF
MEDICINES THAT REQUIRE A MEDICAL PRESCRIPTION
The Consumer/User must
present and/or supply through the MIS Platform PARCEROS the medical formula for
the acquisition of those medicines that so required. It is clarified that the
Business Partner will validate said document. In the In the event that the
Business Partner cannot validate the document, it will proceed to cancel the
order of the User/Consumer through the 9 TO 9 DELIVERY Platform
A16 – AVAILABILITY OF
THE 9 TO 9 DELIVERY PLATFORM
9 TO 9 DELIVERY does not
guarantee the availability or the time of operation of the 9 TO 9 DELIVERY
Platform. In the event of instability or major technical inconveniences of the
same, 9 TO 9 DELIVERY will not have any responsibility towards the
User/Consumer, but will make its best efforts to stabilize its operation. . The
virtual stores of the Commercial PARCEROS and/or the buttons of the 9 TO 9
DELIVERY Platform are subject to the hours of operation of the Commercial
(ALIADOS) RESTAURANT HOURS.
A17 – CREDITS
The use of Credits by
Users/Consumers is conditioned to what is established in the section called
“Promos and Credits” within the 9 TO 9 DELIVERY Platform. And set and manage by
Aliados (restaurants)
A18 – TIPS
The User/Consumer is
free to provide an additional value as a tip to the Independent Dealer
(PARCERITOS) who freely and voluntarily accepted the management of the order
requested by the User/Consumer through the 9 TO 9 DELIVERY Platform, there
being no obligation to do it. The 9 TO 9 DELIVERY Platform may suggest an
amount or percentage of tip, in accordance with the value of the order
requested by the User/Consumer. The foregoing, without prejudice to the fact
that the User/Consumer has the power to edit the amount of the tip before to
place the order. In the same way, the User/Consumer can increase the tip of the
Independent Distributor (PARCERITOS)at the time of delivery.
A19 – ADDRESS AND
APPLICABLE LAW
These Terms and
Conditions are governed by the applicable law in the Republic of Colombia.
A20 – MODIFICATIONS
9 TO 9 DELIVERY may
independently and at any time modify formal aspects, procedural or substantial
provisions of these Terms and Conditions of use of the 9 TO 9 DELIVERY
platform, which will be updated and made available to the Users/Consumers.
A21 – HELP CENTER
(CUSTOMER SERVICE) info@misparceros.com
A22 – IMPROPER USE OF
THE 9 TO 9 DELIVERY PLATFORM: Immediate Termination
A21 – SERVICE FEE FOR
THE USE OF THE PLATFORM 10%
of net/ $ per address service/customer adjustment//we collect money from customer
purchase income. (weekly payment, close on Sundays, collect on Mondays, pay
deposited on Tuesday. Unless the holiday calendar applies(9 TO 9 DELIVERY)
.
5% of Net on orders
received to be pick up at the restaurant for use and service of platform
A22 – PLATFORM
AVAILABILITY/restaurant hours/
Friday and Saturday 8am
to 12pm
Sunday to Thursday from
8 a.m. to 10 p.m.
database/protection
article/
These Terms and
Conditions are governed by the applicable law in the Republic of Colombia.
MODIFICATIONS 9 TO 9 DELIVERY may
independently and at any time modify formal, procedural or substantial aspects
of these Terms and Conditions of use of the Platform
9 TO 9 DELIVERY, which
will be updated and made available to Users/Consumers
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