Terms and Conditions

The company to which the corresponding terms adhere is Sociedad de Inversiones FUR SPA, owners of the BALLARY® brand.

FIRST: GENERALITIES

This document regulates the terms and conditions under which you have the right to access and use the services of the website www.ballary.cl and any information, text, video or other material communicated on the website. On this website you can use, free of charge, the software and applications for mobile devices that allow you to navigate, visit, compare and, if you wish, purchase the goods or services displayed here. We recommend that you read these conditions carefully and print or save a copy of them on your local drive for your information. These Terms and Conditions will be applied and will be deemed incorporated into each of the contracts you enter into with BALLARY through this website. The use of this website, the application of these Terms and Conditions, the acts that you execute and the contracts that you enter into through this website, are subject and subject to the laws of the Republic of Chile and especially the law 19,496 on protection of consumer rights. BALLARY will strictly apply all the benefits, guarantees and rights recognized in favor of consumers in Law 19,496. In addition, BALLARY adheres in all its parts to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce.

SECOND: COMMUNICATIONS

For the communication of any presentation, query or claim regarding the use of this site, or the contracts carried out therein, BALLARY appoints Mr./Ms. Katherine Urquhart as special representative, available at sales@ballary.cl and at the Customer Service telephone number 991297460, domiciled for these purposes at 2355 Balmaceda Street, commune of Antofagasta, city of Antofagasta. His legal status to act for BALLARY costa in public deed dated July 9, 2021.

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

a) Identification of the message, which makes it recognizable as advertising or promotional communication, in the subject field of the message.
b) Existence of the right of the consumer or user to request the cessation of advertising shipments of that type by BALLARY and the obligation of BALLARY to suspend these shipments.
c) A simple and effective procedure so that the consumer can make that request, indicating an electronic address for these purposes.
d) Identification of the advertiser with its commercial name. In the case of teaser advertising, the obligations indicated above will be complied with to the extent that the agency carrying it out is identified. BALLARY 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 these shipments.

THIRD: FREEDOM OF NAVIGATION AND ACCEPTANCE OF THE TERMS AND CONDITIONS

The mere visit of this site does not impose any type of obligation for the user, unless the user expresses unequivocally, 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 BALLARY website offers this option in the user interface with the phrase “I have read and accepted” or another equivalent that allows giving unequivocal consent regarding acceptance.

FOURTH: REGISTRATION

Registration on the site and the use of a password is not a mandatory requirement to contract, however it facilitates personalized, confidential and secure access to the site. In case of registering on the site, the user will have a secret password that can be used and even modified if the user so requires. To activate the password you must complete the registration form available on the site and send it to BALLARY by clicking on the respective field. Regarding the confidentiality of the password, the user and the administrator will be responsible within the scope that corresponds to each one.

FIFTH: HOW TO HIRE

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

To begin the contracting process, you must confirm that you have read and accepted these Terms and Conditions.
Select the product or service you are interested in and add it to your “shopping cart”.
Log in to the site or Enter your email and password. And, if you are not registered and wish to do so, use the “register your password” icon.
Select the type of dispatch and delivery among the alternatives available on the site. If there are no alternatives available, follow the instructions for delivery according to what is indicated on the site.
Select the payment method.
Once the order is placed, it will be displayed on the screen: This information must appear before selecting the payment method and this is how it works on most sites.
a description of the contracted product or service.
Price.
indication of shipping cost if applicable.
delivery date according to the type of dispatch chosen.
payment method.
Total value of the transaction.
other conditions of the order.
Ability to print and store the order.
also a unique order number, with which you can track it online.
Sending the information to the registered email.
The order will then automatically go to an identity confirmation process, always protecting the security and privacy of the user and the contracting process, availability, validity and quota of the payment method that has been selected.
Once the above has been completed, the contract is perfected by making the charge in the selected means of payment, the proof of purchase will be sent with the corresponding receipt or invoice in electronic format and the product will be dispatched, according to the delivery method that had been selected. .
The buyer's rights will not be affected nor will charges be made, without his identity being confirmed.

SIXTH: MEANS OF PAYMENT

Unless a different means is indicated for specific cases or offers, the products and services reported on this site can only be paid through:

Visa, Mastercard, Dinners Club International or American Express bank credit cards, issued in Chile or abroad, as long as they maintain a current contract for this purpose with BALLARY.
Bank debit cards included in the Redcompra system, issued in Chile by national banks, which maintain a current contract for such purposes with BALLARY. Payment with debit cards will be made through WebPay, which is an electronic payment system that is responsible for making the automatic charge to the user's bank account. Users declare that they understand that these means of payment or payment portals belong to third-party companies that provide these services, independent and not linked to BALLARY, so the continuity of their provision of services over time, as well as the correct functioning of its online payment tools and buttons will be the exclusive responsibility of the companies providing these services and in no case of BALLARY.

Electronic Transfer, where the value of the order can be transferred to the BALLARY current account, the bank details will be sent via email after receiving your order.

SEVENTH: RIGHTS AND GUARANTEES

Exchanges and returns: if the purchased product does not satisfy you, it can be changed or returned up to 10 days after the date it was received, at any branch of the company, or if it was shipped, it must be returned to the same place of delivery. dispatch, that is, to the company's warehouse, paying only the transportation value. In order to make an exchange or return, the product must be unused, with all its accessories and original packaging. Furthermore, considering the nature of the products, the jewelry must not have been used. For exchange or return, the receipt, shipping guide, exchange ticket, or other proof of purchase must be presented.

This warranty does not apply to made-to-order, custom-made or personalized products. In the case of products that are reported as used, opened, second selection or with some deficiency, which are purchased having been informed of this situation on the site and with a reduced price, no exchange or return will be applicable.

In the event of a refund, the company will make a credit to the payment method used, within a period of no more than 72 hours after the return has been accepted, an issue that will be informed through the email that has been registered.

Right of Withdrawal The user will have a period of 10 days to terminate the contract concluded by electronic means from the moment they receive the product or from the moment they contract 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 BALLARY has sent you communication that the contract has been completed, a full copy, clear, understandable and unambiguous access to the general conditions of the contract and the possibility of storing them or print them. If BALLARY has not complied with sending the aforementioned written communication, the period will be extended to 90 days. This right cannot be exercised when the property, the subject of the contract, has deteriorated due to an event attributable to the consumer.

If the good or service was obtained through credit, this is void but the interest is borne by the consumer when it has been granted by a third party. BALLARY will have the obligation to return the sums paid, without withholding expenses, and as soon as possible and, in any case, within 45 days of communication of the withdrawal. In the case of services, the refund will only include those amounts paid that do not correspond to services already provided on the date of withdrawal. You must return the packaging elements, user manuals, boxes, protection elements and any other element that came with the good in good condition. Legal Guarantees If the product does not have the reported technical characteristics, if it is damaged or incomplete, it can be changed immediately.

If it presents faults or defects within 6 months following the date on which it was received, you can choose between free repair, or prior refund, exchange or refund of the amount paid, provided that the product has not deteriorated due to an event attributable to the consumer. It can be delivered directly to a technical service authorized by the manufacturer or to any BALLARY branch.

If the product has a manufacturer's warranty, the term of this warranty will apply, if this term is longer.

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:

Products subject to mandatory safety or quality standards that do not meet specifications
If the materials, parts, pieces, elements, substances or ingredients that constitute or integrate the products do not correspond to the specifications they display or to the mentions on the labeling.
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 would have indicated in its advertising.
If the supplier and consumer have agreed that the products subject to the contract must meet certain specifications and this does not occur.
If after the first time the guarantee has been made effective and the corresponding technical service has been provided, the deficiencies that make the good unfit for the use or consumption referred to in paragraph 3 remain. This right will subsist in the event of a deficiency. to which it was the object of the technical service, or the same is presented again.
If the thing that is the subject of the contract has hidden effects or defects that make the use to which it is usually intended impossible.
The details of the shipping, warranty and after-sales policies are published on our website.

EIGHTH: PRODUCT DELIVERY

Product Dispatch: the conditions of dispatch and delivery of the purchased products may be chosen from among the options offered on the site, which in this case is delivery to the customer's home. For returns for exchanges, guarantees or requests, the product must be sent to our warehouse, prior acceptance and authorization of the guarantee process informed in an email with the client.

NINTH: RESPONSIBILITY

In no case will BALLARY® be liable for:

The improper use that Users or visitors to the Site may make of the displayed materials, industrial property rights and intellectual property rights.
Damage or possible damages 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.
Contents of the pages that Buyers or Users can access with or without authorization from BALLARY.
Access by minors or people without capacity, under the terms of the corresponding legislation, to the contents adhering to the contractual relationship that arises from The Site.
Loss, misuse or unauthorized use of your validation code, either by the User and/or Buyers, or 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 computing platform provided by BALLARY is not infallible, and therefore, during the term of this Contract, circumstances beyond the control of BALLARY may occur, which imply that the Site or the computing platform is not are operational for a certain period of time.
Information from BALLARY or its services found on sites other than www.ballary.cl In such cases, BALLARY will try to restore the Site and the computer system as quickly as possible, without being held liable. BALLARY does not guarantee the availability and continuity of the operation of the Site nor that at any time and time, Users can access the promotions and Offers of the Site. BALLARY is not responsible for viruses or other elements in electronic documents stored on Users' computer systems. BALLARY 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 way in which these technologies are inappropriately used. BALLARY will not be liable for any damage caused to The Site due to improper use and bad faith by Users and/or Buyers. However, in the event of a double payment being made by a User or Buyer on the Site, BALLARY will return the amount of the overpayment, within 3 days following receipt of the respective written claim from the User or Buyer, in which they are attached the originals of the receipts for the additional payment to what was purchased. In login, registration and communication with payment methods companies, BALLARY uses digital security certificates (SSL) in order to encrypt communication. BALLARY does not manipulate or store financial data of its clients. In any case, BALLARY's liability, contractual, extra-contractual or legal, with Users, Buyers or visitors to the Site will not exceed the price actually paid by the Buyer in consideration for the product or service, without prejudice to what the Courts determine. of Justice.

TENTH: DATA SECURITY AND SECRET KEY

Responsibility of Users regarding the information registered on the site BALLARY 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 relevant.

If changes are detected in the information that you have registered on the site, or in the event of any irregularity in transactions related to your identification or that of the payment method, or simply as a measure to protect your identity, our executives may contact you by via telephone or email, in order to corroborate your data and try to avoid possible fraud.

If you cannot establish contact within 72 hours, for your own security, your purchase order placed on our site cannot be confirmed. We will inform you by telephone or email that your order has been voided due to inability to confirm your identity or the payment method offered. In addition, proof of the efforts made 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 query can be made to ventas@ballary.cl However, Users and/or Buyers are exclusively responsible for the loss, misuse or unauthorized use of the validation code, either by them or by third parties, after made the purchase 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, exact and updated. In accordance with Law 19,628, the personal data provided on the Website will become part of a BALLARY database and will be used solely and exclusively to be used for the purposes that motivated its delivery and especially for general communication between the company and its clients, validate the purchase data, complete the delivery and answer their questions.

The data will not be communicated to other companies without the express authorization of its owner nor will it be transferred internationally. BALLARY never requests personal or financial data via email. BALLARY presumes that the data has been entered by the owner or by a person authorized by the owner, as well as that they are correct and accurate.

Users and/or Buyers, with the acceptance of these Terms and Conditions, declare that the personal data provided through the online forms on the BALLARY website may be used for subsequent Offers and different from those offered on the Site. .

Without prejudice to the foregoing, BALLARY 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, BALLARY must respond and effectively implement this request.

Electronic Documents: The user in his capacity as manual recipient of electronic documents, in accordance with Exempt Resolution No. 11 of February 14, 2003 of the Internal Revenue Service (which established the procedure so that taxpayers authorized to issue electronic documents can 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 SOCIEDAD DE INVERSIONES FUR SPA RUT 77.399.527-3, so that the corresponding tax document of this transaction, is delivered to you by electronic means or manually. Likewise, you authorize the notice of publication of the tax document to be sent to me by email. In accordance with the indicated regulations, and if the user requires it to support the accounting information, they assume the following obligations in relation to said tax documents:

Print the documents received electronically, for each tax period, immediately upon receipt from the issuer.;
Print the document in the size and shape that was generated;
Use original white 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);
Print in a quality that ensures the permanence of the legibility of the document for a minimum period of six years, as established by current legislation on the matter. This printing will be made using laser or inkjet printing, unless a different authorization or standard is established in this regard.

ELEVENTH: SCOPE OF THE CONDITIONS INFORMED ON THE SITE

BALLARY will not modify the conditions under which it has contracted with consumers on this site. While they appear on this site, the prices reported will be available to the user, even if they are not the same as those offered in other BALLARY sales channels, such as physical stores, catalogs, television, radio, or others. However, prices are applicable to the city of delivery or dispatch.

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

The promotions offered on the site will not necessarily be the same as those offered by BALLARY through other sales channels. In promotions that consist of free or reduced delivery of one product for the purchase of another, the delivery of the good delivered free of charge or at a reduced price will be made in the same place to which the purchased product is delivered, unless the purchaser requests , upon accepting the offer, that the products be sent to different addresses, in which case you must pay the shipping value of both products.

You cannot participate in these promotions without jointly purchasing all the products included in them.

TWELFTH: INTELLECTUAL PROPERTY

All content included on this site, such as text, artwork, logos, button icons, source code, images, audio clips, digital downloads and data compilations, is the property of BALLARY or its content suppliers, and is protected by Chilean and international laws on intellectual property. The graphic materials, logos, page headers, advertising phrases, button icons, written texts and service names included in this site are trademarks, creations or commercial images owned by BALLARY in Chile and other countries. Such trademarks, creations and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers and in any manner that disparages or discredits BALLARY.

Other trademarks not owned by BALLARY that appear on this site are the property of their respective owners. All rights not expressly granted in these Terms and Conditions are reserved by BALLARY or its assigns, suppliers, publishers, rights holders or other content providers.

No products, images or sounds may be reproduced, duplicated, copied, sold, resold, visited or exploited for any purpose, in whole or in part, without the prior written consent of BALLARY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary or proprietary information (including images, text, page layout, or form) of BALLARY without our prior written consent.

You may also not use any meta tags or any other “hidden text” utilizing BALLARY's name or trademarks without BALLARY's prior written permission. Misuse of this site or these trademarks, licenses or patents is prohibited.

The above, without prejudice to the exceptions expressly stated in the law, BALLARY respects the intellectual property of others.

THIRTEENTH: APPLICABLE LEGISLATION AND COMPETENCE

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

FOURTEENTH: TRADEMARK REGISTRATION

BALLARY is a registered trademark.