Terms and Conditions

 

BIBIANA HERNANDEZ, with registered address in Colombia (hereinafter "BIBIANA HERNANDEZ"), in accordance with Law 1480 of 2011 and other applicable legislation, hereby makes known these Terms and Conditions applicable to the website "https://bibianahernandez.com" and related microsites (hereinafter the "Site"), as well as to the purchase of products and/or services offered therein.

By accessing and/or using the Site, you, as a User, acknowledge that you have read and understood these Terms and Conditions, which describe and regulate the use of the services offered by BIBIANA HERNANDEZ, and therefore agree to abide by them and comply with all applicable laws and regulations that are part of Colombian legislation. Users who decide to access the Site from other countries will do so on their own initiative and it is their responsibility to comply with applicable local laws. Access to the Site from territories where its content is illegal is prohibited. If the User does not agree with these Terms and Conditions, they must refrain from using the Site.

The web portal is managed and administered by BIBIANA HERNANDEZ, which makes its website available to visitors, who, by using the information, products, services, applications, or participating in activities, acknowledge having fully and unreservedly read, understood, and accepted the Terms and Conditions described herein. If you do not agree with any or several aspects of this document, you should avoid using the portal's services.

1. CAPACITY

The products and/or services that BIBIANA HERNANDEZ offers through the Site are available only to those who have the legal capacity to contract and be bound according to current Colombian legislation. If the User lacks such legal capacity to contract, they may not use the products and services offered by the Site. BIBIANA HERNANDEZ will examine the request submitted by the User and reserves the right to verify the data provided by the User. BIBIANA HERNANDEZ assumes no responsibility for personal impersonation carried out by any User.

2. REGISTRATION

Before acquiring the products and/or services that BIBIANA HERNANDEZ offers through the Site, the User must complete all fields of the registration data. The information provided by the User must be accurate and truthful (hereinafter "Personal Data").

BIBIANA HERNANDEZ complies with the principles of legality, purpose, freedom, truthfulness or quality, transparency, restricted access and circulation, security and confidentiality, and responsibility established by Statutory Law 1581 of 2012 (hereinafter the "Law"), which aims to issue general provisions for the protection of personal data and develop the constitutional right of all persons to know, update, and rectify information collected about them in databases or files, as well as the right to information.

By accepting the Terms and Conditions, the User indicates that they voluntarily know and authorize BIBIANA HERNANDEZ in advance for their Personal Data to be stored and used for the purpose of achieving efficient communication during the current process or activity, and authorizes, under the same terms, that said information may be processed in accordance with the provisions of the Law and its Regulatory Decrees, in order to receive information about its products, services, promotions, alliances, content, studies, and contests. Likewise, the User declares that they have been informed of the policy for the protection of personal data available on this Site, which includes the consultation and claim procedures that allow the User to exercise their rights of access, knowledge, consultation, rectification, update, and deletion of data. For more information about the Personal Data collected by the Site, its purpose, and revocation of authorization for its Treatment, click on the following link: https://bibianahernandez.com/.

3. USE OF THE SITE

The Site provides the User with access to texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions, and information, etc. (hereinafter the "Content") belonging to BIBIANA HERNANDEZ.

By accessing the Site, the User undertakes to make appropriate use of its Content, as well as the products and/or services offered through it, and therefore, by way of example but not limitation, undertakes not to carry out: (i) use of the Content to engage in illicit, illegal activities or activities contrary to good faith and public order; (ii) any action through any device, software or any means to interfere with the activities and operation of BIBIANA HERNANDEZ, such as requests, offers, descriptions, accounts or databases of BIBIANA HERNANDEZ; (iii) any activity that violates or is contrary to intellectual property laws or these Terms and Conditions; and (iv) introduce or spread computer viruses or any other system on the Site that may cause damage to the functioning and operation of the Site.

4. COPYRIGHT AND INDUSTRIAL PROPERTY

All intellectual property rights of the Site's Content, including but not limited to graphic design, user interfaces, visual interfaces, photographs, sounds, drawings, models, computer code (including HTML code), the arrangement, design, structure, selection, expression, aesthetic and functional appearance, the logos of the products and/or services offered, trademarks, industrial designs and models, domain names, account identifiers or search terms, among others, are owned by BIBIANA HERNANDEZ (or by third parties who have authorized BIBIANA HERNANDEZ their use and/or exploitation) and are protected by applicable national and international regulations.

Any act of copying, reproduction, modification, creation of derivative works, sale or distribution, display of content, transmission, adaptation, translation, distribution, public communication, including its mode of making available, or any other exploitation and/or total or partial modification of any content included in the Site, through any means, including but not limited to electronic, mechanical, photocopying or recording means, without prior written authorization from BIBIANA HERNANDEZ, is prohibited.

In no case do these Terms and Conditions confer a license, right, or authorization to carry out the acts described above. Any unauthorized use of the Content will constitute a violation of these Terms and Conditions and of the current regulations on trademarks, copyrights, and other applicable national and international intellectual and industrial property regulations.

The use of discount codes will not be compatible with certain promotional actions and collections.

Bibiana Hernández has made an effort to display the colors of the garments as close to reality as possible. However, the color of the garments shown on screen may be subject to variations depending on the quality of your computer or mobile monitor. In this regard, BIBIANA HERNANDEZ cannot guarantee that the colors appearing on your monitor will faithfully match reality.

5. CONTENT PROVIDED BY THE USER

The legitimacy of the intellectual property rights corresponding to the content provided by the User is the exclusive responsibility of the User, who will therefore indemnify BIBIANA HERNANDEZ against any third-party claims arising from the illicit use of content on the Site.

By providing any content (photos, images, etc.) through the Site or any other means, the User freely assigns to BIBIANA HERNANDEZ all intellectual or industrial property rights and any other rights that the User may have over said content. Such rights include the right of reproduction, representation, dissemination, transformation, distribution, and public communication of all or part of the content, by any procedure and in all formats or media.

6. LIABILITY

6.1 Site Operation Failures

By entering the Site, the User expressly accepts that its use is at their sole responsibility and risk.

Without prejudice to what is determined in the mandatory rules of applicable Colombian legislation, BIBIANA HERNANDEZ assumes no responsibility for (i) any damage, loss, or harm caused to the User by failures in the system, server, or the Internet, (ii) any virus that may infect the User's equipment as a result of accessing and/or using the Site, (iii) the continuity and availability of the Content; (iv) the absence of errors in the Content or the correction of any defect that may occur; (v) damages or harm caused by any person who violates the Site's security systems, even if the User had been warned of the possibility of such damages.

Under the terms indicated herein, BIBIANA HERNANDEZ will not be responsible for any error or omission contained in the Site or in the information provided therein. Likewise, BIBIANA HERNANDEZ may temporarily suspend, without prior notice, accessibility to the Site due to maintenance, repair, update, or improvement operations. However, whenever circumstances permit, the User will be informed of this with sufficient notice, stating the expected date for the suspension of access and/or use services of the Site.

Under the terms indicated herein, the User may not, at any time, attribute any responsibility or demand any compensation from BIBIANA HERNANDEZ, by virtue of the damages resulting from the aforementioned assumptions. BIBIANA HERNANDEZ does not guarantee continuous or uninterrupted access and/or use of the Site. The User acknowledges and accepts that the system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond BIBIANA HERNANDEZ's control. In such cases, it will endeavor to reestablish it as quickly as possible without any type of responsibility being attributed to BIBIANA HERNANDEZ.

6.2 Links

The Site may contain links to other websites, which does not mean that they are owned or operated by BIBIANA HERNANDEZ. Therefore, BIBIANA HERNANDEZ assumes no responsibility for links to other websites found on the Site, which may lead the User to other websites over which BIBIANA HERNANDEZ has no control. Thus, the User accesses them under their exclusive responsibility regarding the content and conditions of use governing them, without in any way compromising the responsibility of BIBIANA HERNANDEZ. In no way can any type of responsibility be derived for BIBIANA HERNANDEZ in relation to the quality of the products or services offered on the linked site, and we are not responsible for the information disclosed on other internet sites.

BIBIANA HERNANDEZ is not responsible for the use that Users may make of the Content and services included on the Site. Consequently, they comply with these Terms, nor that they do so diligently.

7. RELEASE OF LIABILITY

The User releases BIBIANA HERNANDEZ, its subsidiaries and affiliates, their respective shareholders, officers, directors, employees, agents, content providers, designers, contractors, from any claim, demand, litigation or sanction as a result of: (i) the User's use and/or access to the Site; (ii) any Content posted by the User; (iii) the violation of any of these Terms and Conditions; and (iii) the violation of any third-party rights, including without limitation, any property right, privacy right or intellectual property right.

BIBIANA HERNANDEZ is not responsible for inaccurate or erroneous information given in good faith by a page advisor; the advice is free, and we are not responsible for loss of opportunity. The information does not constitute advice; it is only a guide, and there is no guarantee that the website or the information are error-free.

8. USER RESPONSIBILITY

By entering the Site, the User undertakes to provide correct and truthful personal information, as well as to update their data whenever required. The User is obliged to promptly notify their respective financial or cooperative entities of the loss or theft of their credit card and other instruments provided by them for carrying out transactions (such as debit cards, personal keys, etc.) in order for such instruments to be disabled by them. The User is prohibited from transmitting any illegal, threatening, libelous, defamatory, obscene, scandalous, pornographic or profane material, or any other material that could give rise to civil or criminal liability under applicable law, on or from the Site.

The User agrees not to use any device, software, routine or data to obstruct or attempt to obstruct the proper functioning of the Site and all activities carried out on it.

9. PAYMENT CONDITIONS

Payment will be made only by the authorized means in the Checkout of this Site.

What are the payment methods?

Through PayU and PayPal, you can choose different secure payment methods such as Visa, American Express, MasterCard, and Diners credit cards, and PSE. If you wish to make a bank transfer, please contact us at  sales@bibianahernnadez.com  and we will assist you.

BIBIANA HERNANDEZ, on its web platform, does not at any time manage, save or archive any user information related to payment methods or user financial information; however, this information is stored through the storage of cookies directly on the hard drive of the browser used by the user when accessing the platform.

10. ORIGIN OF FUNDS

The User declares under oath that the funds used to make purchases on the Site originate from a lawful operation, trade, profession, activity, or business and have not been obtained through any conduct enshrined in Colombian law as an offense.

The User declares under oath that they are not negatively registered on national or international anti-money laundering prevention lists.

Consequently, the User undertakes to compensate BIBIANA HERNANDEZ for all damages that may arise as a result of these statements, and exempts BIBIANA HERNANDEZ from all responsibility for erroneous, inaccurate, or false information provided in this document or for its violation.

11. MODIFICATIONS

BIBIANA HERNANDEZ reserves the right to modify these Terms and Conditions at any time by publishing the corresponding modification on the Site.

These Terms and Conditions are subject to change without prior notice. At any time, BIBIANA HERNANDEZ may modify these Terms and Conditions, and from the date of their modification, all operations entered into between BIBIANA HERNANDEZ and the User will be governed by the modified document.

If you have any questions about these Terms and Conditions or any Supplemental Policies, you can contact BIBIANA HERNANDEZ and submit your questions through our CONTACT PAGE.

12. PROVISIONS

Should one or more of the provisions contained in this document be considered null, illegal or ineffective in any aspect, the validity, legality and enforceability of the remaining provisions of this document shall not be affected or annulled by such circumstance.

13. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Colombia. Any controversy arising from this document shall be submitted to the competent judges in accordance with Colombian legislation, and both BIBIANA HERNANDEZ and the User expressly waive any other forum or jurisdiction that may correspond to them due to their present or future domicile.

14. COMMUNICATION CHANNELS

For the exercise of its rights, BIBIANA HERNANDEZ has provided the following communication channels:

By sending an email to sales@bibianahernandez.com or WhatsApp +57 3167748495 during business hours or on our official social media pages: Facebook: BIBIANA HERNANDEZ and Instagram: @bibianahernandezofficial

15.SHIPPING AND RETURNS

CHANGES AND RETURNS

The customer has a period of 10 business days for returns from the date the carrier delivers your order to the address provided in the purchase. You must notify about the return before the 10 business days expire through one of our customer service channels. You must send the return by any means, and the associated costs will be borne by the buyer. The shipping date registered on the return guide must not exceed 10 business days from the initial reception date.

Please note that promotional or discounted products are not eligible for exchange. In some cases, special conditions will apply depending on the dynamic or activity under which you are purchasing them.

To return the product, you can use the same packaging in which your order was delivered or use packaging of your choice. However, it is important that the packaging is appropriate for the nature of the product so that it is not damaged during the transportation process.

The product must be returned in optimal conditions, without traces of having been used. Once the product is received in our warehouse, we will verify its condition and, according to the results, a new product will be sent to you or a coupon will be given to you for a new purchase.

You can choose between the following options:

• Product exchange (Subject to inventory availability at the time of exchange). Exchanges can only be made for products of higher, equal, or lower value than the original, and the difference, if applicable, must be paid or a coupon for a new purchase in the online store will be provided. If there is no availability for the exchange, the product's value will be issued as a coupon for a new purchase.
• Coupon for a new purchase (This coupon is valid for six months from the date of creation).
• Money refund. (Only for product quality requests and in cases defined by law).

• These are the times for each of the options:
  • Exchanges will be dispatched according to inventory availability and the same times as a regular delivery will apply.
  • The coupon for a new purchase will be sent approximately 3 business days after the product is received in the warehouse.

DELIVERY TIME

Delivery will be made to the address indicated at checkout to any responsible and adult person found at the address at the time of delivery, for which the transporter's guide signature will suffice. This includes, for residential units or buildings with doorman service, reception and signature by the doorman.

The delivery time will begin to count from the payment confirmation, which will be sent via an email to your address. For credit and debit card payments, our payment processor must approve the transaction according to data analysis, which may take up to one business day.

• If your purchase is confirmed before 3 p.m. from Monday to Friday, the first business day is the day you make the purchase, and the delivery time will start counting from that day.
• If your purchase is confirmed after 3 p.m., the delivery time will start counting from the next business day after your purchase confirmation.
• If you make a purchase on a Saturday, Sunday, or holiday, the delivery time will start counting from the next business day after your purchase confirmation.

If, upon receiving your order, you notice any issue with the packaging or its condition, it must be recorded in the observations field of the transport guide.

Deliveries cannot be made at an exact time, and if no one is at the address, the transport company will make up to two additional delivery attempts. If delivery cannot be made, the product will be returned to our warehouse, and we will contact you to arrange a new shipment.

Delivery will be made to the address indicated at the time of purchase to any adult at the address, for which the transporter's guide signature will suffice. This applies to residential units with doorman service, with reception and signature by the doorman.

The delivery time for Cali is 7 business days, for main cities it is 10 business days, and for the rest of the country, we deliver your order within up to 15 business days. Payment confirmation will be sent via an email to your address. For credit and debit card payments, our payment processor must approve the transaction.

Delivery time shall not be of the essence of the contract, and BIBIANA HERNANDEZ shall not be liable for any loss or expenses sustained by the buyer caused by any delay in the delivery of the products, whatever the cause.

The user must inspect the goods at the time of delivery and sign the required proof of delivery document or collection acceptance document if necessary. A signature on that document will constitute conclusive proof for BIBIANA HERNANDEZ and the shipping company of the satisfactory receipt of the quantity and quality of the products indicated in that document, free from any apparent defect or damage.

If it is alleged that the products are damaged or defective at the time of delivery, a description of the alleged damage or defect must be given in writing and with images at the time of delivery and signed by or on behalf of the user. This notation must be made within a maximum of 24 hours of product delivery, and the respective procedures must be initiated to obtain a reversal or a new product or voucher.

If the product shows signs of damage or breakage in its packaging at the time of delivery, you must record it in the transporter's guide as an observation and contact our team immediately at sales@bibianahernandez.com or WhatsApp (+57 3167748495).

SHIPMENTS OUTSIDE COLOMBIA

BIBIANA HERNANDEZ does ship to cities outside Colombia.

Shipping costs vary according to your location; you can see the shipping value before finalizing the purchase. Once we receive approval of your purchase, if you wish, we will send you the tracking number so you can track the package. The estimated times for international shipments are 7 to 15 business days.

16. PAYMENT REVERSAL DECREE 587

PAYMENT REVERSAL FOR PURCHASES MADE AT https://bibianahernandez.com/

To request a reversal of money paid for purchases made through https://bibianahernandez.com/   we inform you that, according to current regulations, your request must meet the following requirements:

1. It must be a purchase made through https://bibianahernandez.com/
2. You must indicate in your payment reversal request one of the reasons for requesting it. We remind you that these reasons are indicated by law and it is mandatory that your claim falls within one of these situations:

• When you have been a victim of fraud.
• When it corresponds to an unauthorized transaction.
• When you have not received the purchased product within the indicated time.
• When the product received is not the one purchased, or does not comply with the information provided about it.
• When the product received is defective.
• You must clearly indicate the amount you wish to have reversed (it must correspond to the product price) and the bank account, credit card, or payment method to which the purchase was charged.
• The claim can be submitted through our PQR form, via our customer service email, or on our customer service line sales@bibianahernandez.com or WhatsApp +57 3167748495.
• The complaint must be submitted within five (5) business days following the date on which the consumer became aware of the fraudulent or unauthorized transaction, or when they should have received the product, or received it defective or not corresponding to what was requested.
• You must inform us that the product will be available for BIBIANA HERNANDEZ to pick it up at the same place where it was delivered. Remember that the product must be in the same condition as when it was delivered.
• If you are not the holder of the payment method used for the transaction, remember that the holder is the one who must submit the request directly to the financial institution and to BIBIANA HERNANDEZ.
• If you request the reversal of periodic payments, you can notify your financial institution and BIBIANA HERNANDEZ about your decision to revoke the authorization to make payments by such means.
• Remember that the payment reversal request applies as long as the payment for your purchase was generated through an electronic medium. Example: Debit and credit cards.

   

17. RIGHT OF WITHDRAWAL