Terms and Conditions
1. General.
Transactions made through the website https://tienda.abatex.cl (the "Site") are subject to these terms and conditions (the "Terms and Conditions") and applicable national laws.
Acceptance of the Terms and Conditions is an essential requirement for purchasing on the Site. By accepting these Terms and Conditions, users declare that they have informed themselves clearly, comprehensibly, and unequivocally of these Terms and Conditions, and that they have had the opportunity to store and print them.
2. Abatex Representative
For all legal purposes and for the purpose of allowing users of the Site to communicate with the company ("Abatex"), Matias Ricardo Strobel Reichert, Recoleta, Santiago, is appointed as special representative.
Contact e-mail: [email protected].
Contact telephone number: (+56 2) 2621 1411.
3. Cookies on the Site.
A "cookie" is a small file that is stored in the user's browser when accessing certain websites.
Abatex uses cookies to improve knowledge about the use of the Site and to provide information to customers regarding their preferences and browsing patterns.
A cookie collects information on browsing habits, without accessing a user's personal data. This anonymous browsing data may be shared by Abatex with its business partners in order to provide better services.
Cookies are "session" when they are deleted once the user closes the Web browser and "persistent" when they remain on your computer for a period of time defined by the party responsible for the cookie.
Cookies can also be first-party cookies, when they are managed by the Site itself, or third-party cookies, when they are sent to the user's computer from a different website.
The Site stores own and third-party cookies in order to adapt the contents to your interests and facilitate your access.
Abatex uses third-party cookies to collect information and subject it to statistical processing, for this purpose, the services of Google Analytics (the "Server") are used. Once the user reconnects to the Site, the Server will recognize the number stored in the "cookie", as indicated above, providing anonymous information. The procedures are managed and controlled exclusively by Google Analytics.
The user may, at any time, revoke consent to the use of "cookies" by deactivating them, through the privacy/security options of his/her browser. For more information, please consult the help provided by your browser:
Internet Explorer.
Mozilla Firefox.
Google Chrome.
4. User Registration.
The user who wishes to make purchases through the Site must register by providing personal data relating to your national identity card, address, and telephone number. The user guarantees the authenticity, accuracy, and validity of the registered data.
The user's registration on the Site implies knowledge and acceptance of the Terms and Conditions.
5. Use of Personal Data.
The information provided by the user will be stored under high security standards, treated in accordance with the law and for the sole purpose of completing transactions on the Site and improve the work of information and marketing of the products offered. In no case may they be communicated or transferred to third parties, except to persons or companies related to Abatex.
In the case of purchases of products sold directly by associated stores, personal data may be provided for the sole and exclusive purpose of dispatching the products.
The registered user may exercise their rights of information, modification, deletion, cancellation and/or blocking of their personal data when deemed appropriate, as established in Law No. 19,628 on the Protection of Privacy.
Abatex makes available to the user an email address and technological means on the Site available to the user for the purpose of modifying and/or correcting his personal data.
6. Secret Password.
Once registered, the user must create a secret password, which will allow you to make purchases on the Site in a secure manner. The correct use and confidentiality of the secret password is the absolute responsibility of the user. The user will have the possibility to change the secret password, for this he/she must follow the instructions and procedure established in the Site.
7. Promotional or Advertising Communications.
The user authorizes the sending of promotional or advertising communications sent by e-mail, notwithstanding the foregoing, at any time, the user may request the suspension of these, by clicking on the link provided for this purpose. Abatex may take up to seven days to process your request.
8. Use of the Site.
The Site provides the user with clear and precise instructions for making purchases through the Site. The mere fact that the user makes purchases following the instructions contained in the Site demonstrates that Abatex fully complies with the provisions of this point.
9. Means of Payment.
Only the means of payment informed on the Site may be used:
- Bank credit cards Visa, MasterCard, Magna, Diners Club International or American Express, issued in Chile or abroad.
- Bank debit cards under the MercadoPago system, issued by national financial institutions.
- PayPal.
Purchases made through any of the cards accepted on the Site shall be subject to the provisions of the Terms and Conditions and the stipulations of the respective opening contracts signed by the users with the respective financial institutions or companies, which prevail over this instrument. In this way, any type of responsibility that could be assigned to Abatex by virtue of such contracts is excluded.
Payment by credit card will be made through WebPay or MercadoPago, electronic payment systems that automatically charge the user's bank account in a fast and secure manner.
Users' personal information is stored in servers or magnetic media that maintain high security standards and, in particular, users' credit card data is stored in encrypted form.
Abatex does not store credit card data registered by users at the time of payment.
Users may, at any time, use any means of payment on the Site to make their purchases without giving any reason".
10. Formation of Consent.
The acceptance of offers or purchases made on the Site will require prior confirmation and validation by Abatex, which, together with the general requirements established by law, will be an essential element for the formation of consent. For the purpose of confirming the transaction, Abatex shall verify:
- That it has, at the time of acceptance of the offer, the products in stock.
- That it validates and accepts the means of payment offered by the user.
- That the data registered by the user on the Site match those provided when making the purchase.
Abatex will send written confirmation of its validation to the email address registered by the user on the Site, or by any other means of communication that ensures due and timely knowledge of the user of such information, which will be previously indicated on the Site.
The consent shall be understood to be formed once the written confirmation has been sent to the user and at the place where it was sent, that is, 669 San Gerardo Street, Recoleta - Chile.
Visiting the Site does not impose any obligation on the user, unless he/she has unequivocally accepted the conditions offered.
11. Conditions of the offer.
The products, prices and conditions offered will be in force as long as users can review them on the Site. Abatex may modify the information provided at any time and without prior notice until it receives acceptance of an offer from any user.
12. Coupons and special discounts.
Coupons provided by Abatex or third parties may be used.
If a user uses coupons as a means of payment, these may be used only once and for the value to which the amount of the coupon corresponds.
Discounts provided through coupons are not cumulative among themselves, nor with other promotions.
Some coupons may have limitations such as, but not limited to: amount of use, minimum consumption or expiration date.
If you wish to obtain more information about the conditions/limitations of your discount coupon, you can contact our customer service by calling (+56 2) 2621 1411.
13. Dispatch of Products.
The products purchased will be shipped to the address indicated by the user when registering on the Site and in accordance with the conditions set forth in the section Delivery Times and Costs.
Some products may be sold and shipped directly by partner stores. In this case they will be shipped separately according to the terms, costs and conditions established at the time of purchase.
14. Returns and Exchanges.
Instructions and specifications for product returns and exchanges are available in the Returns and Exchanges section.
The requirements for any exchange or return are as follows:
- Request it within 3 months from the date on which the product was received, in case of deficiencies in manufacturing, processing, materials or, in case the product is not entirely suitable for the use or consumption for which it is intended or to which Abatex had indicated in its advertising.
- The product must be unused, with labels, in perfect condition and must have the original packaging.
Products sold and shipped directly by partner stores through the Site will be subject to the return conditions of each store and in accordance with current legislation.
15. Manufacturer's Warranty.
With respect to products with additional warranty provided by the manufacturer, indicated in the section Warranties, the user must first exercise their rights against them and then in accordance with the provisions of the Terms and Conditions.
16. Conditions of Sale of products through Associated Stores.
The Associated Stores (or Marketplace) are an online product sales system, by virtue of which Abatex makes its Site available as a sales and promotion channel for products from different suppliers (the "Stores"). The Site operates as a virtual showcase for the Stores to increase their online sales.
Under the Marketplace modality, it is the exclusive responsibility of the Stores:
- The management of the stock of available products. For the same reason, in the description of the product offered by the modality, the following note is incorporated:
"Sold and delivered by (name of the Store)".
- The price at which the product is offered on the Site; and
- The management of the order and the delivery of the purchased product to the Customer.
Consequently, Abatex acts only as an intermediary and the activities are outside its sphere of control. In short, Abatex is only responsible for:
- Generating online traffic of the Shops' products on the Site;
- Customer service with respect to the Shops' products offered on the Site; and
- The reverse logistics of the products of the Stores offered on the Site.
Once the purchase has been made through the Marketplace modality, Abatex will send written confirmation of its validation to the e-mail address registered by the user on the Site, or by any other means of communication that guarantees the due and timely knowledge of the user of such information, which will be previously indicated on the Site.
The previously indicated confirmation, in the case of purchase made through Marketplace, will contain among other mentions, the following information in a clear and visible manner:
"We received your order, and we are processing it. If you purchased from a Partner Store, remember that it must validate the data and stock availability of the product".
If the product is not in stock, Abatex will proceed to the total refund of the money paid for the product, within a maximum period of 10 working days.
17. Abatex Returns and Exchanges Option
Abatex gives all users of the Site the option to exchange or return products, without cause or for reasons attributable to personal taste or appreciation of the user, within 30 days from the date on which the product has been received.
18. Site Security.
Abatex maintains high security standards in the purchase of products using SSL (Secure Sockets Layer) technology that ensures both the authenticity of the Site and the encryption of all information provided by users.
In the event of difficulties that prevent or delay the purchase of products, Abatex will take the necessary measures, according to the technological means available, to normalize the continuity and normal operation of the Site.
19. Telephone sales.
Abatex makes available to its customers a telephone sales system for the purchase of products offered on the Site. The Terms and Conditions are applicable to such transactions in the same way as in the case of direct purchase through the Site.
To use the telephone sales system, the customer must contact us at the following telephone number
(+56 2) 2621 1411.
20. Validity of the Terms and Conditions.
The Terms and Conditions shall be effective from the date of their notarization and until they are modified and notarized by a new instrument.
These Terms and Conditions were notarized at the Santiago Notary Office of Mr. Alberto Eduardo Rojas López.
21. Personality.
The legal capacity of Mr. Matías Ricardo Strobel Reichert, to represent Strobel SPA, is recorded in a public deed dated July 23, 2015, executed before the notary public Eduardo Avello Concha.