GENERAL STORE TERMS AND CONDITIONS

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GENERALS

THE FOLLOWING DESCRIBES THE GENERAL TERMS AND CONDITIONS THAT REGULATE THE ACCESS, USE, REGISTRATION AND COMMERCIAL TRANSACTIONS ON THE GOODS AND SERVICES OFFERED BY BIXXUS TIENDA WITHIN OR THROUGH THE WWW.BIXXUS.COM PORTAL AND THE MOBILE APPLICATIONS IT MANAGES (HEREINAFTER THE “PORTAL”) AND/OR OTHER DOMAINS OR PORTALS RELATED TO BIXXUS. BIXXUS COLOMBIA S.A.S. is a commercial company legally created under the laws of the Republic of Colombia, who for all purposes of this document shall be referred to as “BIXXUS”. Any person who registers on the Portal and/or who carries out a commercial transaction on the Portal, declares that he/she is aware of and accepts each and every one of the provisions set forth in these Terms and Conditions. Consequently, all acts and contracts entered into on or through the Portal shall be subject to the provisions contained herein and in the applicable Colombian legislation in force. These Terms and Conditions shall be referred to as the “Customer(s)” collectively to visitors to the Portal, potential purchasers and purchasers. Any person who does not accept these Terms and Conditions and the BIXXUS Data Processing Policy, which are mandatory and binding, must refrain from using, accessing, registering or performing any act of commerce on or through the Portal.

1. CUSTOMER REGISTRATION ON THE PORTAL

The purpose of registration on the Portal is to allow the Client to register, access, use and carry out commercial transactions through the Portal. The Client has two (2) options to register:

  • Sniging up through third party applications, such as, but not limited to: Facebook, Google, Instagram or LinkedIn (hereinafter “Third Party Applications”). In this case, the Customer authorizes and understands that BIXXUS may collect other information that is available in your account(s) registered in the Third Party Applications, such as but not limited to name and surname, profile picture(s), country and city of residence, email, telephone and date of birth, among others; the Customer declares to understand and accept that the Third Party Applications have their own terms and conditions of use and privacy policies without BIXXUS having any interference over them, nor over the features, activities, advertisements, behaviors and/or content published, and much less over the transactions that the Customer may perform through such Third Party Applications.
  • Register directly through the Portal, where the provision of the Client’s basic personal data will be requested, including but not limited to: (i) name and surname; (ii) citizenship card or identification number; (iii) date of birth; (iii) date of birth; (v) e-mail; (vi) Password. In case the Customer makes a purchase, he/she must additionally provide, among others, (i) address, municipality and department; (ii) landline and/or cell phone. The Client, by entering his/her data, declares under oath that such data corresponds to truthful and current information. BIXXUS is not responsible for the accuracy of the personal data given and/or provided by Customers. Each Client may hold only one account on the Portal. In the event that BIXXUS becomes aware that an account or registration is being used for fraudulent or improper purposes or contrary to good faith and / or good customs, or cannot confirm the origin of the same, BIXXUS shall be entitled to delete or suspend the registration on the Portal, as well as to initiate legal action where appropriate. Access, use, registration and commercial transactions carried out through the Portal must be carried out by persons of legal age. Customer registration data will be collected, stored and used by BIXXUS in accordance with the BIXXUS Personal Data Processing Policy, which is published at www.bixxus.com or at the following link: https://bixxus.com/en/privacy-policy/ Only persons who have the legal capacity to contract and bind themselves, that is, persons over eighteen (18) years of age, may access, use, register or perform any act of commerce on or through the Portal. Consequently, with the registration the Customer declares and certifies that BIXXUS is not responsible for the information provided by its Customers including their date of birth and identification number, among others. In the event that the operations and/or transactions are carried out by minors, they shall be understood to be carried out under the responsibility of their parents and/or guardians. Making purchases on the Portal will require, depending on the payment method selected, the provision of financial information, including specific credit or debit card information, telephone and shipping address. BIXXUS does not store or save any information related to the Customer’s banking or financial information. BIXXUS reserves the right, at any time, to: (i) Contact and request additional information in order to corroborate personal data; (ii) Suspend temporarily or permanently the purchases of those Customers whose data could not be confirmed, are suspicious or are identified as possibly fraudulent; (iii) Delete any previously accepted records; (iv) Reject any new request, without being obliged to communicate or explain the reasons for its decision, and without this giving rise to any right to compensation or indemnification in favor of the Client.
1.1. SECRET KEY

Once registered in the Portal, the Customer must enter the secret password assigned to him/her in order to access his/her account and/or to make purchases. This will allow the Client personalized, confidential and secure access to the Portal. The secret password is personal and non-transferable, for which reason all operations carried out from the account are and will always be the absolute responsibility of the Client. The delivery of the Secret Key to third parties or its use will not imply any responsibility for BIXXUS. The Client will have the possibility to change the password at any time, for which he/she must follow the procedure established in the Portal. In the event that the Customer becomes aware of any access and/or improper use of his/her account by a third party, he/she must immediately notify the BIXXUS Customer Service area, through any of the available service channels: [email protected] or telephone 3214968189.

1.2. PROCEDURE FOR USING THIS PORTAL

The Portal provides information on the steps to be followed to purchase products through the Portal, as well as the different channels available to identify, update and correct your data, according to the data processing policy of BIXXUS. The use of bank cards accepted on the Portal, is subject to the existing contract between the Customer and the issuing bank, without BIXXUS having any responsibility or interference in relation to the aspects indicated therein. The information on the data of your bank accounts, credit cards and debit cards are managed exclusively by third parties that provide this service for BIXXUS, without BIXXUS having any responsibility in the administration, operation and / or storage of the same. Any claim related to the use and payment through bank cards must be made directly to the indicated third party. In the event that BIXXUS identifies that the Customer is making an inappropriate or improper use of the Portal, such as but not limited to, two or more repetitive cancellations, fraud, among others, regardless of the means of payment used, BIXXUS will have the power to block the Customer, without the Customer having the power or the right to seek any compensation for such situation. When the Client has any doubts or concerns regarding the purchase process in the Portal, he/she may contact the customer service channels, who will provide support and assistance in this regard.

2. FORMATION OF THE PURCHASE CONSENT

The consent of the Customer is manifested with the completion and acceptance of each of the purchase steps of the Portal and is perfected with the final manifestation of purchase after having reviewed the summary of the order in which are detailed each of the products, their individual price, shipping costs (if applicable), the others that have to be paid, and the total amount to be paid by the Customer. At the time of placing the order, BIXXUS will send a confirmation and acknowledgement of receipt of the order to the e-mail address provided by the Customer at the time of registration.

3. SERVICES

All services offered by BIXXUS are provided by third parties and these are where you will have to go in case of problems with the provision of the same. In the publication of these products it is explicit the brand or company that provides it, so it is important that you verify this information before making the purchase. BIXXUS only makes alliances with recognized and registered companies to guarantee the seriousness of the services, however, there may be inconveniences that you will have to solve directly with the allied company. In any case, without prejudice to the foregoing, BIXXUS will ensure full compliance with each of the services we offer.

4. BITCOIN PAYMENTS

You should know that Bitcoin transfers are irreversible and high risk. At the time of payment you must make sure that you are sending the payment to the address provided by BIXXUS to prevent your funds from being misplaced. We have a secure system which allows us to guarantee that if you send the payment to the address that our system provides you will not have any inconvenience. BIXXUS is not responsible for payments sent to addresses other than those in our collection database.

5. PRODUCTS

5.1. RIGHT OF WITHDRAWAL

The “RIGHT OF WITHDRAWAL” shall be understood as the Customer’s right to terminate the contract, repent or withdraw from the same within forty-five (30) calendar days from the delivery of the Product; term within which the Customer must inform and return the purchased products to BIXXUS. The Right of Withdrawal does not apply in case of goods for personal use, such as underwear, bathing suits, girdles, stockings, hair accessories, perfumes, creams (including hair products), cosmetics, earrings and jewelry AND STORE BONUSES AND GIFT CARDS. Likewise, the Product must not show signs of use, dirt or wear, or be damaged or deteriorated.

5.1.1. Procedure: The Customer must express its will to exercise the right of withdrawal within forty-five (30) calendar days following delivery of the Product. You may contact our Customer Service area through the following means: WhatsApp hotlines or email [email protected] during the following hours: Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. continuous working day.

5.1.2. Cash or Bitcoin refund conditions. If the Product to be returned was paid by debit card, the total amount actually paid will be reimbursed in full: i) bank transfer (to the bank account to be informed); ii) if the payment was made by credit card, the refund will be requested to the credit card issuer so that the Client receives the money discounted in its statement; iii) If the payment was made against delivery, the Customer must inform the bank account to which the money can be reimbursed. In the event that the Customer does not have a bank account, BIXXUS will reimburse the money through Efecty in which case the customer assumes the costs of sending the money transfer. The refund of the money by bank transfer, in cash through Efecty will be made within thirty (30) calendar days following the date on which BIXXUS receives the returned Products in its warehouse in the same conditions in which they were delivered to the Customer. BIXXUS will verify that the right of withdrawal has been exercised within the term and conditions specified in these General Terms and Conditions, in order for it to be accepted. In cases where the refund is made to a bank account or through Efecty, the refund will be made in the name of the person who made the purchase. No refunds will be made in the name of third parties, in order to avoid fraud.
In the event that the Client decides to request a refund by a different means of payment than the one originally used, he/she must inform the Client at the time of making the request, including at least the information and/or data necessary to carry out the refund. In the event that the Customer decides to request the delivery of a voucher for the value of the products on which the return was exercised, it will be sent to your email within six (6) business days at the latest, and may be used from that time and up to six (6) months after receipt. In the event of non-compliance with the term committed to deliver the Product or when the Product delivered does not correspond to the one ordered, the Client shall have the right to request the resolution or termination of the contract, and obtain a full refund of its money without any retention or discount whatsoever. IMPORTANT, IN NO CASE WE WILL MAKE BITCOIN REFUNDS CONSIDERING THE VOLATILITY OF BITCOIN. In case of returning a product purchased with Bitcoin the customer will receive a refund in Colombian pesos equivalent to the value of the product at the time of purchase.

5.2. REVERSAL OF PAYMENT

The Customer may request to reverse the payment of a product purchased on the Portal directly when the purchased product is not received, or the delivered product does not correspond to what was ordered or is defective. If the Customer detects that a fraudulent operation was carried out, i.e. that his credit or debit card was charged for an order in the name of BIXXUS, he must contact the bank that issued the card to report this event so that, through the processes of the bank, the corresponding money is refunded, if so deemed after making the appropriate investigations of the case.

5.2.1 Procedure: To request a reversal of payment, the Customer must notify BIXXUS Customer Service within five (5) business days of the date on which the Customer should have received a Product and did not receive it; the date on which the Customer received a defective or non-conforming Product.
In the latter case, the Customer must return the Product in accordance with the procedure established for exercising the right of withdrawal.
In both cases, if the payment was made with a credit card, BIXXUS will request the reversal of the payment to the intermediary providing the service. If the purchase was made by debit card or any other electronic payment method other than credit card or cash on delivery, the money will be returned by bank transfer (to the bank account you inform us). In the event that the Customer does not have a bank account, BIXXUS will reimburse the money through Efecty. In cases where the reimbursement is made to a bank account or through Efecty, the reimbursement will be made in the name of the person who made the purchase. No refunds will be made in the name of third parties, in order to avoid fraud. Likewise, the notification of the situations described above to the BIXXUS Customer Service area does not exempt the Customer from the responsibility of notifying the issuer of the electronic payment instrument used to make the purchase.
When the payment corresponds to several products, the Customer may request the partial reversal of the payment of those for which the request is made. In this case, the Client must clearly state the Product and the value for which he/she is requesting the reversal. Once the Customer notifies BIXXUS of the reversal request, BIXXUS must notify the intermediary provider processing the electronic transactions so that they immediately notify the issuer of the payment instrument. The time it takes for the card issuer to reflect the reversal of the payment on your statements may be delayed and is beyond the responsibility of BIXXUS.

5.3. WARRANTY

Unless otherwise indicated in the Portal in relation to a particular Product, as a general rule, the products marketed therein will have a warranty of ninety (90) calendar days or the one offered by the producer, whichever is higher, in both cases counted from the receipt of the Product by the Customer.
All Products sold on the Portal have a Limited Quality Guarantee for the term indicated above. In order to make the Guarantee effective, it is the Client’s obligation to fully comply with all the conditions and requirements indicated in the “CHANGE POLICY” section of these Terms and Conditions. BIXXUS shall have the right to repair or replace the good, or refund the money paid for the product. The repaired product or its replacement with a new one will be sent to the Customer to the address provided in the registration or to the place indicated in writing to the BIXXUS Customer Service area.
The repair, if it can be made, will be made within thirty (30) working days from the day after the Product is received at BIXXUS’ warehouse. In case it takes more time due to the complexity of the repair, the Customer will be informed of such situation. In the event that the Product cannot be repaired or the initial failure persists, the Product will be replaced with an identical or similar product; or a voucher or a refund will be issued to the Customer, depending on what the Customer decides. In no case may the characteristics of the Product be inferior to those of the good that gave rise to the warranty.t Publisher . Repairs made to the products will be free of charge, and their transportation will be assumed by BIXXUS. If it is decided to replace the good for another one with the same or similar characteristics, the change will be made within ten (10) working days following the date on which the product subject to change is received at BIXXUS warehouses, and the term of the warranty starts to run again. For refund cases BIXXUS has up to fifteen (15) business days from the acceptance of the guarantee to make the refund. Acceptance of a Warranty will depend on the category to which the product belongs. The following are the cases in which the guarantee does and does not operate according to each category.

6. INVOICE

The sales invoice with the details of the transaction carried out by the Client will be issued and sent in electronic format to the e-mail address with which it was registered in the Portal, through the supplier authorized by the National Tax and Customs Directorate (DIAN). Additionally, it can be downloaded directly by the Customer in the Portal by logging into his account in “My Orders”.

7. RIGHT OF WITHDRAWAL POLICY FOR PRODUCT CHANGES AND REVERSAL OF PAYMENT

7.1. RIGHT OF WITHDRAWAL

El “DERECHO DE DESISTIMIENTO” se entenderá como el derecho del Cliente a resolver el contrato, arrepentirse o desistir del mismo en un plazo de cuarenta y cinco (30) días naturales desde la entrega del Producto; plazo en el que el Cliente deberá informar y devolver a BIXXUS los productos adquiridos. El derecho de desistimiento no se aplica en el caso de productos de uso personal, como ropa interior, trajes de baño, fajas, medias, accesorios para el cabello, perfumes, cremas (incluidos los productos para el cabello), cosméticos, pendientes y joyas Y BONOS DE LA TIENDA Y TARJETAS DE REGALO. Likewise, the Product must not show signs of use, dirt or wear, or be damaged or deteriorated.

7.1.1. Procedure: The Customer must express its will to exercise the right of withdrawal within forty-five (30) calendar days following delivery of the Product. You may contact our Customer Service area through the following means: WhatsApp hotlines or email [email protected] during the following hours: Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. continuous working day.

7.1.2. Cash or Bitcoin refund conditions. If the Product to be returned was paid by debit card, the total amount actually paid will be reimbursed in full: i) bank transfer (to the bank account to be informed); ii) if the payment was made by credit card, the refund will be requested to the credit card issuer so that the Client receives the money discounted in its statement; iii) If the payment was made against delivery, the Customer must inform the bank account to which the money can be reimbursed. In the event that the Customer does not have a bank account, BIXXUS will reimburse the money through Efecty in which case the customer assumes the costs of sending the money transfer. The refund of the money by bank transfer, in cash through Efecty will be made within thirty (30) calendar days following the date on which BIXXUS receives the returned Products in its warehouse in the same conditions in which they were delivered to the Customer. BIXXUS will verify that the right of withdrawal has been exercised within the term and conditions specified in these General Terms and Conditions, in order for it to be accepted. In cases where the reimbursement is made to a bank account or through Efecty, the reimbursement will be made in the name of the person who made the purchase. No refunds will be made in the name of third parties, in order to avoid fraud.
In the event that the Client decides to request a refund by a different means of payment than the one originally used, he/she must inform the Client at the time of making the request, including at least the information and/or data necessary to carry out the refund. In the event that the Customer decides to request the delivery of a voucher for the value of the products on which the return was exercised, it will be sent to your email within six (6) business days at the latest, and may be used from that time and up to six (6) months after receipt. In the event of non-compliance with the term committed to deliver the Product or when the Product delivered does not correspond to the one ordered, the Client shall have the right to request the resolution or termination of the contract, and obtain a full refund of its money without any retention or discount whatsoever. IMPORTANT, IN NO CASE WE WILL MAKE BITCOIN REFUNDS CONSIDERING THE VOLATILITY OF BITCOIN. In case of returning a product purchased with Bitcoin the customer will receive a refund in Colombian pesos equivalent to the value of the product at the time of purchase.

7.2. REVERSAL OF PAYMENT

The Customer may request to reverse the payment of a product purchased on the Portal directly when the purchased product is not received, or the delivered product does not correspond to what was ordered or is defective. If the Customer detects that a fraudulent operation was carried out, i.e. that his credit or debit card was charged for an order in the name of BIXXUS, he must contact the bank that issued the card to report this event so that, through the processes of the bank, the corresponding money is refunded, if so deemed after making the appropriate investigations of the case.

7.2.1 Procedimiento: To request a reversal of payment, the Customer must notify BIXXUS Customer Service within five (5) business days of the date on which the Customer should have received a Product and did not receive it; the date on which the Customer received a defective or non-conforming Product.
In the latter case, the Customer must return the Product in accordance with the procedure established for exercising the right of withdrawal.
In both cases, if the payment was made with a credit card, BIXXUS will request the reversal of the payment to the intermediary providing the service. If the purchase was made by debit card or any other electronic payment method other than credit card or cash on delivery, the money will be returned by bank transfer (to the bank account you inform us). In the event that the Customer does not have a bank account, BIXXUS will reimburse the money through Efecty. In cases where the reimbursement is made to a bank account or through Efecty, the reimbursement will be made in the name of the person who made the purchase. No refunds will be made in the name of third parties, in order to avoid fraud. Likewise, the notification of the situations described above to the BIXXUS Customer Service area does not exempt the Customer from the responsibility of notifying the issuer of the electronic payment instrument used to make the purchase.
When the payment corresponds to several products, the Customer may request the partial reversal of the payment of those for which the request is made. In this case, the Client must clearly state the Product and the value for which he/she is requesting the reversal. Once the Customer notifies BIXXUS of the reversal request, BIXXUS must notify the intermediary provider processing the electronic transactions so that they immediately notify the issuer of the payment instrument. The time it takes for the card issuer to reflect the reversal of the payment on your statements may be delayed and is beyond the responsibility of BIXXUS.

8. ABOUT THE PURSE

The money you store in the wallet is cash and you can always use it to buy all the products and services offered on the portal without any distinction. This money can only be used for purchases and use of services within the portal and can never be transferred to third party platforms or banks to which there are no services exposed on the platform.

9. MODIFICATIONS AND SURCHARGES

BIXXUS may modify any information contained in this Portal, at any time and without notice, until the time of validation of a transaction, at which time BIXXUS will be obliged to maintain the conditions initially offered and in force at that time. We will do our best to inform you of any changes to the terms of our site.

10. OPERATION OF THE PORTAL

The portal as any other IT platform can sometimes present problems but you can be sure that we will always help you to find a solution through our means of contact and support.

11. APPLICABLE LAW

This agreement shall be interpreted in accordance with the laws of Colombia, without giving rise to conflicts of law (Private International Law). If any statement of these Terms and Conditions is incomplete, unenforceable, void, non-existent or ineffective, it shall be interpreted within the framework of the same and in any case shall not affect the validity and enforceability of the remaining statements. Any dispute will be resolved within the laws of Colombia.

12. CONTACT

The Customer Service area will attend to requests, complaints, claims and queries from users through the following means: WhatsApp +573214968189 for cases related to the store and +573107520802 for the BTCBIXXUS exchange and the following emails for any area:

[email protected] and [email protected] from 8:00 a.m. to 5:00 p.m. on business days.

You can also click on the help section and write us a ticket.

13. INTELLECTUAL PROPERTY

The intellectual property rights on the Portal and all content published on it are the exclusive property of BIXXUS or have been licensed to it by its third party suppliers and / or partners. It is expressly forbidden to reproduce, copy, alter, modify, disclose, reuse all or part of any material published on the Portal, without the prior express written permission of BIXXUS.

14. PROMOTIONS

Please note that promotions are applicable exactly as they appear to be defined in themselves and the specific conditions of each promotion take precedence over these terms and conditions.

15. IDENTITY VALIDATION

By default you do not need to validate your identity to purchase, however in some cases we detect unusual activity or exceed the limits of financial products, covered by international KYC policies.know your customer“) and Colombian anti-money laundering law, we may require identity validation to complete an order. Accordingly, it is important that you always make your purchases, recharges and use of services with authentic data.

16. ABOUT BANKING APP

For the service of recharges to applications (Nequi, Daviplata, Movii etc) banking is necessary to be sure that the number entered is correct, in case the money is sent to the wrong account by customer error is the absolute responsibility of the customer and Bixxus will not restore the money in this case.

Be sure to check the maximum monthly amounts for this service to avoid that some funds may be frozen for a period of time.

17. MONEY TRANSFERS TO BANKS

For this service it is strictly necessary that the data entered in the form are true and legitimate, as we may request in some cases the absolute validation of identity under the anti-money laundering law of Colombia and international KYC standards. In the event that we request identity validation you should be aware that we will only complete the order or make a refund when full identity verification of the sender and receiver of the wire is established.

Be sure to check the maximum monthly amounts for this service to avoid that some funds may be frozen for a period of time.

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