Terms and Conditions

BOSQUES DE TOCAREMA SAS BIC., with Tax Identification Number (NIT) #901.174.313-5, with its main address in Tocarema, in the Municipality of Cachipay, Cundinamarca (hereinafter referred to as "BDT") hereby presents the following Terms and Conditions and Privacy Policy applicable to the website and all pages related to it, as well as to the purchase of products and/or services offered herein, in accordance with Law 1480 of 2011 and all other applicable legislation.

BDT requests that the Visitor and User of this page read these conditions and the Privacy Policy carefully and judiciously before starting their exploration or use. In case they do not agree with these conditions or with any provision of the Terms and Conditions or Privacy Policy herein, it is their responsibility to refrain from accessing, using, or browsing this website.

By accessing and/or using the website, the Visitor and/or User acknowledge having read and understood these Terms and Conditions and the Privacy Policy, and agree to abide by them as well as to comply with the applicable laws under Colombian legislation. If the User and/or Visitor access this website from another country, they do so by their own choice, and it will be their responsibility to adhere to the applicable Colombian laws.

1. CAPACITY

The products and/or services offered by BDT through this website are only available to individuals who have the legal capacity to enter into contracts and be bound by current Colombian legislation. Those who do not meet this condition may not access the products and services offered on BDT's website. BDT will review requests made by the Visitor and User and reserves the right to verify the transmitted data. BDT assumes no responsibility in the event of any personal impersonation carried out by any User.

2. ACCEPTANCE OF TERMS

When a Visitor and/or User accesses BDT's website, they do so under their full responsibility and, therefore, fully and unreservedly accept the contents of the Terms and Conditions of Use and the Privacy Policy of the website.

3. MODIFICATIONS

BDT reserves the right, in all respects, to update and modify the present terms of use and the contents of the website at any time and in any way, unilaterally and without prior notice. From the date of modification, all transactions between BDT and the User will be governed by the modified document.

4. COPYRIGHT AND WEBSITE USE

This website and its contents, including texts, graphics, logos, animations, sounds, and photos - other than those obtained from open-license sources that will be duly identified - are the property of BDT. Their total or partial reproduction, translation, inclusion, transmission, storage, or any access to them through analog, digital, or any other system or technology is prohibited without prior written authorization from BDT. Some photos have been obtained from the portal www.unsplash.com and are under an open license. Users may retrieve, display, print, copy, or download any material owned by BDT from this site exclusively for personal and non-commercial use, provided that proper acknowledgment of BDT's ownership is given.

The Visitor and/or User, upon accessing the website, commits to making appropriate use of its content, as well as the products and/or services offered through it, and therefore, they agree to:

Use the content diligently, correctly, and lawfully.
Not delete, bypass, or manipulate the copyright and other data that identify BDT's rights.
BDT will not be responsible for the misuse of the content by users on its website.
The Visitor and/or User of the website will be responsible for any misuse, unlawful, or abnormal use they make of the content, information, or services of BDT's website. The Visitor or User of the site, directly or through intermediaries, will not attempt in any way to harm BDT's website or interfere with its normal functioning.
The Visitor and/or User of the website will not alter, block, or perform any other action that prevents the display or access to any content, information, or services.
The Visitor and/or User of BDT's website will not send or transmit, on this website or to others, any information that is obscene, defamatory, offensive, slanderous, or discriminatory.
The Visitor and/or User of BDT's website will not engage in illegal conduct from the site, such as computer attacks, interception of communications, copyright infringement, unauthorized use of terminals, identity theft, disclosure of secrets, or falsification of documents.
The Visitor and/or User will not use the portal to transmit, store, disclose, promote, or distribute data or content that carries viruses or any other computer code, files, or programs designed to interrupt, destroy, or harm the operation of any computer or telecommunications program or equipment.

5. DATA AND PRIVACY POLICY

Before acquiring the products and/or services offered by BDT through this website, it is necessary for the User to complete the data form for billing purposes. The information provided by the User, hereinafter referred to as "Personal Data," must be accurate and truthful. BDT complies with the principles of legality, purpose, freedom, truthfulness, quality, transparency, restricted access, circulation, security, confidentiality, and responsibility established in Statutory Law 1581 of 2012, hereinafter referred to as the "Law," which aims to establish the general provisions for the protection of personal data and develop the constitutional right that all individuals have to know, update, and rectify the information collected about them in databases or files, as well as the right to information.

By accepting the Terms and Conditions, you indicate that you voluntarily acknowledge and authorize BDT in advance to store and use your Personal Data in order to achieve efficient communication during the current transaction or activity. You also authorize, under the same terms, that this information may be processed in accordance with the applicable Colombian legislation to receive information about products, services, promotions, alliances, content, studies, and other activities.

The Customer declares that they have been informed of the Privacy Policy for the protection of personal data available on this website, which includes the procedures for consultation and claims that allow the User to exercise their rights of access, knowledge, consultation, rectification, updating, and deletion of data.

BDT is committed to safeguarding the privacy of the User's personal information obtained through the company's website, for which it adopts a confidentiality policy as follows:

Personal information is understood to be that which the User provides for registration, including data such as name, identification, age, gender, address, email, and phone number.

The User acknowledges that they provide personal information voluntarily and in response to specific requirements requested by BDT to make a purchase, process a transaction, or submit a complaint or claim.

Users will be treated with all the legal guarantees and securities imposed by the Colombian Political Constitution, applicable regulations on the protection of personal data, and other related norms. The request for information is always made in such a way that the User voluntarily provides it.

6. INFORMATION AND THIRD-PARTY WEBSITES

The website may offer hyperlinks or access to websites and content from other individuals or entities, with the purpose of informing the User about the existence of other sources that can expand the content offered or are related to it. BDT does not control, endorse, or guarantee the content included on such sites; it is also not responsible for the operation or accessibility of the linked web pages, and therefore, will not be held responsible for the outcome obtained.

The Visitor and/or User acknowledges that BDT is not responsible for any content, associated link, resource, or service related to a third-party site. Likewise, the Visitor and/or User accepts that BDT will not be liable for any loss or damage of any kind resulting from the use of third-party content.

BDT is not responsible for any consequences arising from unauthorized third-party access to the database and/or any technical failure in the operation and/or data retention in the system in any of the sections of its website.

Similarly, BDT will not incur liability to the Visitor and/or User or third parties when its website is not available.

BDT will not be held responsible under any circumstances for attacks or incidents against the security of others’ websites or their information systems, or for any unauthorized, fraudulent, or illicit exposure or access to their websites that may affect the confidentiality, integrity, or authenticity of the published information or the content and services offered therein.

7. TERMS OF SALES CONTRACT

Completion and Transfer of Ownership: The sales contract between BDT and the User is completed when: (i) the User submits the purchase offer on the Site by selecting the desired product, (ii) the User makes a payment according to the methods established on the Site, and (iii) the purchase offer is accepted by BDT.

The transfer of ownership will occur as soon as BDT delivers the product to the User. Payment will be made only through the authorized methods available in the Checkout page of this Site.

8. ORIGIN OF FUNDS

The User declares, under penalty of perjury, that the resources used to make purchases on the Site come from lawful operations, trades, professions, activities, or businesses and have not been obtained through any conduct considered an offense under Colombian law.

The User declares under penalty of perjury that they are not included in records of national or international anti-money laundering prevention lists.

Consequently, the User agrees to be liable to BDT for any damages that may result from these statements and releases BDT from all responsibility for any inaccurate, incorrect, or false information provided in this document or for any violation of the same.

9. SHIPPING AND RETURNS

Exchange of Products for Not Matching the Order:

Once the User has received the purchased products, they must verify if these correspond to the products selected and ordered by the User at the time of purchase. In the event that the products do not match the ones selected and ordered by the User, the User may choose to (i) request a payment reversal in accordance with these Terms; or (ii) request the return and exchange of the product for the reference selected by the User at the time of purchase, or (iii) request the products that were not effectively delivered by BDT and were purchased by the User at the time of purchase.

To make any of the faculties provided in items (ii) and (iii) above effective, the User must request from BDT to exchange the product for the reference selected by the User at the time of purchase or to have the missing units delivered in accordance with the quantities of the products selected by the User at the time of purchase, as the case may be. For this purpose, the User must send a communication by email to the address cafebosquesdetocarema@gmail.com within the immediately following business day from the date of delivery of the purchase to the User. Once the mentioned communication is received, BDT will have a period of six (6) business days or a number of days depending on the time it takes for shipping to the city, to deliver the missing products to the User or to replace the product, as the case may be, understanding that, in the latter of the mentioned events, the User must return the product that presented the inconvenience to BDT. The costs of this delivery will be borne by BDT, or BDT may provide a coupon for a new purchase (valid for six months from the creation date). The coupon for a new purchase will be sent approximately within 3 business days after receiving the product at the warehouse, or BDT will evaluate the refund of the money (only for returns associated with the product's quality). Depending on the payment method used for the purchase, the refund will be made through an electronic transfer to a Mercado Pago account or to the User's credit card.

The refund to the credit card may take up to 30 business days, this time is estimated and is subject to the internal process of the issuing bank. BDT will not be responsible for any deductions or retentions of money for services that the financial entity may apply.

For payments through PSE and cash payments, the refund will be made to a virtual Mercado Pago account associated with the email used for the purchase. Once the transaction is complete, the user can transfer the funds to their bank account at no cost.

In the event that the product does not meet the conditions for accepting the return, we will inform you by email of the reason why the exchange and/or warranty is not applicable, and the product will be returned to the initial shipping address.

Force Majeure: BDT will try its hardest to fulfill any obligations arising from purchases made by Users through the Site. However, it will not be liable for delays, non-compliance, or other anomalies if the delay, non-compliance, or anomaly is due to force majeure or a fortuitous event, including but not limited to adverse weather events and traffic accidents, among others.

10. DELIVERY TIME

The delivery will be made to the address indicated at the time of purchase to any adult person at the address, for which the signature of the carrier's guide will suffice. This also applies to residential units with a concierge service, where the reception and signature of the concierge are accepted.

Delivery time within Bogotá is 3 business days, for main cities it is 6 business days, and for the rest of the country we deliver the order within a period of up to 15 business days. For credit and debit card payments, our payment processor must approve the transaction, which may take up to one business day.

Delivery time begins the next business day after the confirmation of your purchase.
For purchases made on Saturdays, Sundays, or holidays, the delivery time will start counting from the next business day after the confirmation of purchase.

In case there is no one at the address at the time of delivery, the courier will make up to three (3) additional delivery attempts. If delivery cannot be completed after that, the product will be returned, and we will contact you to arrange a new shipment.

PAYMENT REFUND - DECREE 587

REFUNDS FOR PURCHASES MADE ON https://cafebosquesdetocarema.co

To request a refund for purchases made through https://cafebosquesdetocarema.co, we inform you that, according to current regulations, your request must meet the following requirements:

The request must be for a purchase made through https://cafebosquesdetocarema.co.
You must indicate one of the following reasons for requesting the refund. Please note that these reasons are specified by law, and your claim must fall within one of these situations:

If you have been a victim of fraud.
If it corresponds to an operation that you did not request.
If you have not received the purchased product within the specified time.
If the received product is not the one you purchased or does not match the information provided.
If the received product is defective.

You must clearly state the amount you are requesting to be refunded (it must correspond to the price of the product) and the bank account, credit card, or payment method to which the purchase was charged.
The claim can be submitted through our customer service email or our customer service hotline (57) 3112620802.
The complaint must be submitted within five (5) business days following the date on which the consumer became aware of the fraudulent or unsolicited transaction, or the date on which they should have received the product or received it defective or not matching the request.
You must inform us that the product will be available for BDT to pick up at the same place where it was delivered. Please remember that the product must be in the same condition as it was delivered.
If you are not the owner of the payment method used for the transaction, please note that the owner must submit the request directly to the financial institution and BDT.
If you request the refund of recurring payments, you must notify your financial institution and BDT of your decision to revoke the authorization for such payments.
Please remember that the request for refunds applies as long as the payment for your purchase was made through electronic means. Ex: Debit and credit cards.

11. NULLITY

In the event that one or more of the provisions contained in this document are deemed null, illegal, or ineffective in any aspect, the validity, legality, and enforceability of the remaining provisions shall not be affected or nullified by such circumstance.

12. NO WAIVER

The failure by BDT to enforce any provision in these Terms does not constitute a waiver of such provision.

13. RESPONSIBILITY FOR CONTAINED INFORMATION

Due to current technical means, which can’t ensure the absolute lack of interference by third parties on the website, BDT does not in any way guarantee the accuracy and/or truthfulness of all or part of the information contained on its website, nor its updating, nor that such information has been altered or modified in whole or in part after being published on the website, nor any other aspect or characteristic of what is published on the site or in the links, respectively.

BDT does not control or guarantee the absence of viruses or other elements in the content that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer system.

14. APPLICABLE LAW AND JURISDICTION

The User may not claim before BDT or before a judicial or administrative authority the application of a condition, norm, or agreement that is not expressly incorporated into these Terms and Conditions of Use.

These Terms and Conditions will be governed by the laws of the Republic of Colombia in the aspects that are not expressly regulated in them.

If any provision of these conditions loses validity or binding force for any reason, all other provisions shall retain their binding force, binding character, and shall produce all their effects.

For any legal or judicial purpose, the place of these conditions is the city of Bogotá, Republic of Colombia, and any dispute arising from their interpretation or application shall be submitted to the judges of the Republic of Colombia.