These Terms and Conditions govern the use that any natural person or legal person, or a representative in any form thereof, makes of the website www.em2enter.com (hereinafter the “Platform”) that ELIASMAIDA2 ENTERTAINMENT S.A.S. (hereinafter “EM2”) makes available for the display and marketing of own Products and Trademarks, as well as the performance of Events. EM2 is not a distributor of the Products offered by the Trademarks, has no contractual position within the transaction made between Users and Trademarks, nor may it be classified as a reseller of the Products offered by the Trademarks through the Platform.
This document contains legal information that we recommend you read in conjunction with the Privacy Notice and Personal Data Treatment Policy. By approving these Terms of Use it is understood that the User has read and accepted them, in all its parts and understands that these terms are legally binding. Therefore, you agree to the terms of use and use of the Platform, Content and Products. Otherwise, the User must refrain from accessing the Platform, Content and Products, either directly or indirectly and from using any information or service provided by it.
By using the Platform in any form and/or creating a Profile, the User expressly, freely, and voluntarily accepts all the Terms and Conditions of Use contained herein, as well as the Privacy Notice and EM2’s Personal Data Treatment Policy. It is also understood that it accepts all other rules of operation, policies and procedures that may be published by EM2 on the Platform, each of which is incorporated by reference.
Nevertheless, some Products offered on the Platform may be subject to additional terms and conditions of use. In that case, the User’s use of such Products will also be subject to additional terms and conditions of use, which are incorporated into these Terms of Use by reference. If the User does not accept them, he/she must refrain from using the Platform in any way.
The Products offered on the Platform may only be used and acquired by persons who have the legal capacity to contract according to Colombian law (in force).
However, EM2 reserves the right to condition access to certain Events to the user’s prior registration and/or the creation of their Profile.
Excess of alcohol is harmful to health. Law 30 of 1986. The sale of intoxicating beverages to minors is prohibited. Law 124 of 1994. Tobacco is harmful to health. Law 30 of 1986. Only Users over the age of 18 are authorized to enter the Trademark Events on the Platform, or sponsored by the Trademarks, which display and market Restricted Use Products, including, but not limited to, alcoholic beverages, tobacco, vaping, and pharmacy products. Therefore, any User who enters this type of Events is informing and guaranteeing to EM2 that he/she is over 18 years old, releasing EM2, its directors, employees, subsidiaries, affiliates, agents, and representatives from all responsibility. Likewise, any Purchase Order that includes Products for restricted use, including, but not limited to, alcoholic beverages, tobacco, vaping, and pharmacy products, may only be required by and delivered to Users over 18 years old. For verification, the Platform may ask the User for their date of birth or if they are over 18 years old.
Thetermswhosefirstletteriscapitalized(except where it issolelybecause they initiatea sentence orareapropername),have the followingmeaning,orinthePrivacyNoticeorPersonalDataTreatmentPolicy:
Authorization:prior,express,andinformedconsentgivenbytheOwnersothattheDataControllercanusethePersonalData.
Privacy Notice:istheverbalorwrittencommunicationgenerated by the Data Controller andaddressedtotheOwner to informhim of the existence of thePersonalData Treatment Policy and howtoaccessthem,aswell as thepurpose(s) of the Treatment andusethatisintendedtogivetothePersonalDataof theOwner.
Database: organized set of Personal Data that is subject to Treatment.
Benefit:meansthepromotionanddiscountgrantedtotheUserontheProductstoprovidebetterpricesandgreaterbenefitstothem.
Content: means all types of information, whether graphic or written, images, audio, and video, including but not limited to the description, features, location, comments, data, graphics, drawings or images, texts, design, schematics, maps, and interactive features presented on the Platform, as well as computer programs or algorithms, programming modules, operating manuals, whether such Content is generated, provided, or otherwise produced or supplied by EM2, Users, Trademarks or third parties.
Personal Data: any information that is linked or that may be associated with one or more natural persons, such as their name or identification number, or determinable, such as their physical features.
EM2: means ELIASMAIDA2 ENTERTAINMENT S.A.S., a commercial company duly incorporated under the laws of the Republic of Colombia, with place of business in the city of Bogota D.C., which enables to Users the Platform that allows the Trademarks to perform Events, give information, display and market their Products so that they are purchased online and subsequently sent to the destination indicated by the Users.
Processor: natural or legal person, public or private, who by himself or in association with others, performs the Treatment of Personal Data from the delegation made to him by the Data Controller, receiving instructions on how the Personal Data should be administered.
Equipment: means computers, mobile phones and smartphones, tablets, and any other electronic devices by which the Platform can be accessed.
Event: consists of performing in a virtual way, by simulating environments through the Platform, an act of all kinds of content and activity (launch, parade, exhibition, etc.), that offers Users an immersive experience from an Equipment.
Trademark(s): means the natural or legal person who provides information to EM2 for the realization of Events and/or the display and marketing of Products through the Platform. Therefore, the Trademarks are solely responsible for the integrity of the information and description of the Products.
Purchase Order: means the order of a User, who has completed the Purchase Process on the Platform, for the purchase of certain Products.
Payment Gateway: is the technological platform that the Payment Service Provider has for the online processing of payments made by Users for purchasing the Products through the Platform, by the payment management agreement subscribed with EM2.
Profile: means the unique personal account created by each User who accredits registration on the Platform, based on the personal information that the Platform provides to EM2. The creation of more than one Profile for the same User is prohibited.
Platform: means the website www.em2enter.com, mobile applications and platform operated by EM2, through which Users will be able to access the Events and Products.
Product: are the goods and services of the Trademarks displayed on the Platform to be purchased by Users through the Payment Gateway from their Equipment.
Payment Service Provider: means Mercado Pago Colombia Ltda., a commercial company duly incorporated under the laws of the Republic of Colombia, identified with the Tax Number 900.116.319-8.
Data Controller: natural or legal person, public or private, who by itself or in association with others, decides on the purpose of the Database(s) and/or the Treatment.
Terms and Conditions of Use/Terms of Use: means these EM2’s Terms and Conditions of Use.
Territory: means the Republic of Colombia.
Owner: natural person whose Personal Data is subject to Treatment.
Transporter: means the natural or legal person with which EM2 subscribes an agreement for the delivery of the Products within the Territory.
Treatment:anyoperationorsetofoperationsonPersonalData,suchascollection,storage,use,circulation,or removal.
User(s): is any natural or legal person, or representative in any form thereof, who visits, uses, or is registered as such on the Platform or has created a Profile. These may be classified into Browsers, Customers, Trademarks and Suppliers, as set out in these Terms of Use. The term User covers all and any of the categories.
The User who creates a Profile is the only person authorized to access the Platform using that Profile. The User is responsible for maintaining the confidentiality of the name and password assigned to his/her Profile to access the Platform. Each User will respond for the activities that are done with their Profile. EM2 has no control over the use of the User’s Profile, therefore EM2 has no responsibility in the User’s Profile. If a User suspects that a third party may be accessing the Platform in their Profile, they will notify EM2 immediately. When the Profile is created, the User is granting prior, express, and informed authorization to EM2 (as Data Controller) to collect, store, use, circulate, record, manage, report, process, employ, evaluate, analyze, confirm, update, and delete the Personal Data of the Owners for the purposes described in the Personal Data Treatment Policy. All information provided by the User when creating his/her Profile must be true, and by providing it he/she is expressly authorizing EM2 to validate it.
The delivery of information by the User for the verification of his/her age and/or the creation of his/her Profile will be the sole responsibility of the User. Errors in the writing, diligence, and veracity of the same will not generate any responsibility to EM2 and the User will be responsible for the consequences that the improper provision of information may generate. The User declares that he/she knows that providing inaccurate information may impact the delivery times and Products included in the Purchase Order and may even result in the cancellation of the same without any harm to EM2 who is not obliged to notify the User in advance.
Coverage
To date, the Transporter has coverage in the main cities of the Territory. However, timely coverage within cities may vary depending on the logistical scope of the Transporter to make the deliveries of the Products purchased by Users; in addition, the Transporter is entitled to modify these coverages at any time.
Sale Price
The price to be paid for each Product purchased will be the price displayed on the Platform at the time of ordering. The prices of the Products are indicated excluding the price of the shipment. Shipping costs will be added to the price of the Products prior to final validation by the User. All Products offered on the Platform include in the price all taxes legally applicable in the Territory.
Specific Rules on Purchase Orders that include Restricted Use Products, including but not limited to alcoholic beverages, tobacco, vaping, and pharmacy products.
Excess of alcohol is harmful to health. Law 30 of 1986. The sale of intoxicating beverages to minors is prohibited. Law 124 of 1994. Tobacco is harmful to health. Law 30 of 1986. Any Purchase Order that includes Restricted Use Products, including but not limited to alcoholic beverages, tobacco, vaping, and pharmacy products, may only be required by Users over 18 years old. The Transporter who makes the delivery of Purchase Orders that include such Products will require, for delivery, the identification of the User who made the Purchase Order, requiring the presentation of a valid citizenship card or passport, releasing from all responsibility, both to EM2, its directors, employees, subsidiaries, affiliates, agents, and representatives, as well as to the Trademark and the Transporter, in case of non-delivery for the lack of identity accreditation of the User.
According to article 47 of Law 1480 of 2011 (hereinafter the “Consumer Statute”) Users may exercise the right of withdrawal of the Product purchased within five (5) working days after receipt of the Product, if it is permitted by its nature and the state of the Product and its packaging is the same in which it was received. Reversals will be made by the value of the Product paid by the User in the respective transaction. Under no circumstances will EM2 make partial reversals of the value of a Product.
To return a Product, the User must contact EM2. The return of a Product will be made in accordance with the terms and conditions indicated in the Consumer Statute. Each Product must be returned in the same condition in which it was received, with all accessories supplied if applicable (strings, warranties, manuals, software, etc.), without damage, unused, in its original packaging, and must be sent to the address communicated by EM2.
For withdrawal purposes the return of Products will not be accepted if they do not present the safety seals (applies to those Products with a safety seal) or have been used or manipulated in their operation under conditions that are estimated to go beyond those necessary to verify their conditions of delivery.
After making the withdrawal on the page, the customer will have five (5) business days to communicate to EM2 the reverse logistics guide for the return of the Product, if the Product is not shipped within this period, it will be understood that the User wishes to cancel the withdrawal. When the Trademark orders, EM2 will refund the User through the same means of payment used to cancel their order.
EM2willreceiveandprocesstherequests, petitions and complaints made by theUser in the eventualitiesthatarisefromthePlatform.EM2operatesasasimplefacilitatorofthe Platform for the display and marketing of the Products by the Trademarksand the purchase thereofbyUsers,andnotasareseller of theProductsofferedtherein.Therefore,anyclaimaboutthenon-conformityorqualityoftheProductsmustbemadedirectlybytheUserthroughthe cell phone(+57)3014208860.
The Trademark is solely responsible for the Products offered through the Platform, EM2 however, reserves the right to intervene in the claim processes and/or warranties, if the Trademark does not provide any response to a request from the User in relation to such concepts within five (5) working days of the date of submission of the application. The warranties of the Products sold by the Trademarks on the Platform are specified in the information provided for each Product. EM2 assumes no responsibility under any circumstances for the guarantees granted by the Trademarks to its Products, therefore the User must contact the Trademark directly to make the warranty effective.
The User may file any claims when the delivered Product does not correspond to the indicated Product, when the Product is not in the state indicated on the Platform or a Product found in the Purchase Order has not been delivered, the Product may be made via email servicioalcliente@em2enter.com.
The User may request a refund or product changes according to the typology of the Product, always ensuring that the Products retain the original characteristics.
Non-perishable Products: Maximum changes twelve (12) hours after receipt of the Product. The Product must retain the original characteristics. For all changes, the request must be made in writing via the customer service email servicioalcliente@em2enter.com
Perishable Products: Maximum change requests will be received three (3) hours after receipt of the Product in case the change request is related to quality or status of the Product, the request must be made according to the procedure indicated as “Claim”. When the Product is collected the Transporter will check the status of the Products, ensuring that Products requiring cold chain have not lost it. For all changes, the request must be made in writing via the customer service email servicioalcliente@em2enter.com.
For claims and returns, after customer services has reviewed and verified the Product, money may be refunded to the User or the Product subject to claim may be delivered to the User, complying with the quality and characteristics of the same.
Perishable Products: The term of the warranty shall be the expiration date. In this case the terms and conditions indicated for claims and returns apply.
Non-perishable Products: The term of warranty shall be the indicated by the Trademark for each Product, and if not indicated, the term shall be one (1) year for new Products. The term of the warranty will begin to run from the delivery of the Product to the User. The terms and conditions indicated for claims and returns apply.
EM2 and the Trademark shall be exempt from the liability arising from the warranty, when they demonstrate that the defect comes from: (i) Force majeure or fortuitous case; (ii) The fact of a third party; (iii) The User’s misuse of the Product; and (iv) That the User did not follow the installation, use or maintenance instructions indicated by the Trademark in the Product information visible on the Platform or in the instructions for use and maintenance attached on the packaging of the Product.
Except as otherwise provided, all rights to the Content are property of EM2. Users are authorized to use the Platform, as well as to download material displayed on it, but only for personal use, being expressly prohibited its copying, reproduction, publication, download, coding, modification, translation, interpretation, display, distribution, transmission, transfer, or dissemination in media, without the prior, express, and written authorization of EM2. Copyright and other intellectual property rights in the Content, regardless of download by Users, are property of EM2, expressly resuming the exercise of all civil and criminal actions intended to protect their legitimate intellectual property rights.
The use of the Platform is at the User’s own risk. Without prejudice to EM2 acting with the greatest diligence, EM2 assumes no liability arising from (i) errors or inaccuracies in the Content; (ii) personal injury or property damage, of any nature, because of the User’s access to and use of the Platform; (iii) unauthorized access or use of EM2’s secure servers and/or any personal and/or financial information stored there. EM2 does not warrant that the Platform will operate error-free or free of viruses or other dangerous products. If the use of the Platform results in the need for technical service or replacement of Equipment or data, EM2 shall not be liable for such costs. EM2, to the maximum extent permitted by law, disclaims all warranties, express or implied, including without limitation warranties of merchantability, non-infringement of third-party rights and the warranty of suitability for a particular purpose. EM2 does not warrant, under any circumstances, the accuracy, reliability, completeness and timeliness of the Contents, Products, support, software, texts, graphics, or links. EM2 and its licensees do not guarantee, under any circumstances, that the personal information provided by the User may be misappropriated, intercepted, deleted, destroyed, or used by third parties. However, in accordance with the above, EM2 will do everything in its power to minimize technological or infrastructure errors at the server, mobile and website level that may prejudice the User in relation to the protection, correct and authorized use of their data.
Users may report to EM2 any conduct or Content that may violate these Terms of Use, the Privacy Notice, or any applicable law in the Territory. For this purpose, the Platform in its Privacy Notice and the Terms of Use will have the appropriate channels to formulate the respective PQR, preferably at servicioalcliente@em2enter.com. Upon receipt of the request, EM2, in its sole discretion, shall determine whether the removal or modification of the Content is appropriate.
The User agrees that EM2 is not responsible for any direct, indirect, loss of profit, consequential damages, incidental, special or consequential damages arising out of or in connection with (i) the use of the Platform and the Payment Gateway; (ii) the liability of any Transporter who does not provide its services under subordination and dependence on EM2; or (iii) in connection with performance or navigation on the Platform or its links to other websites, even if EM2 has been informed of the possibility of such damages. The User acknowledges and accepts that the Transporters are providers of a service created by logistical alliances with companies and commerce dedicated to such activity; the relationship between EM2 and the User corresponds to guarantee through the technological and service means with which it has, to provide the User with a catalogue of Products offered for the respective purchase and the transfer of these to the destination indicated by the User. EM2 does not have transporters linked to its social purpose as workers; accordingly, and without employment agreement between the Transporters and EM2, the outsourcing of a transport service of the Products requested by the User is configured.
In addition, the User agrees that EM2 is not responsible for damages arising from the interruption, suspension, or termination of the Products, including without limitation direct, indirect, loss of profit, consequential damage, incidental, special or consequential damages, even if such interruption, suspension, or termination is justified or not. Under no circumstances shall EM2’s total liability to the User for any kind of loss exceed the amounts paid by the User to EM2.
Responsibility for the fulfilment of the obligations of the Transporters shall rest with EM2 only with respect to those who provide their services under subordination and dependence on EM2. In all other cases, this responsibility will rely in the corresponding Transporter, however, EM2 can emphasize that requests from these eventualities from users will be received and processed. If necessary, EM2 will assign to the User the rights that it may have against the Transporters, as appropriate, for the damages that they may have caused. Transporters are not authorized to enter the homes or private property where an order must be delivered, unless authorized by the User, in case of damages EM2 will not be responsible for them. EM2 shall not be liable for any claim, injury or damage arising in connection with the acts or omissions of the Transporter, except as indicated in the preceding paragraph. In the event of a dispute with one or more Transporters, the User releases EM2, its directors, employees, subsidiaries, affiliates, agents and representatives from all claims, responsibilities, costs, including without limitation attorneys’ fees, losses or damages of any kind or nature, direct or indirect, arising out of such disputes.
The User undertakes to defend, indemnify and hold EM2 indemnified, its officers, directors, employees, agents and affiliates, of and against any loss, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees, arising out of, relating to or resulting from the User’s unauthorized use of the Platform, or any breach of the Terms and Conditions of Use, including without limitation, any violation of any law, ordinance, administrative order, rule or regulation. EM2 shall promptly give notice of any claim, lawsuit or proceeding, and shall have the right to assume the defense in respect of any claim, lawsuit or proceeding.
In its sole discretion, EM2 may modify or discontinue the Platform, or may modify, suspend, or discontinue your access or support, for any reason, with or without notice and without any liability to Users or any third party. Even if a User loses the right to use the Platform, the Terms and Conditions of Use will be unforceable against them. The User may terminate the Terms of Use at any time, severing to use the Platform, surviving all provisions that by their nature must survive to take effect.
Termination of the Products and/or closure of the User’s Profile, for any reason, will not result in compensation or indemnification on your behalf by EM2.
This agreement shall be governed by and construed in accordance with the laws of the Territory, without giving effect to any principle of conflicts of law. If any provision of the Terms of Use is declared illegal, or void, or for any reason unforceable, it must be interpreted within the framework of the Terms of Use and in any case will not affect the validity and enforceability of the remaining provisions.
The Terms and Conditions of Use shall be governed by the laws of the Territory. The Terms of Use and the Privacy Notice establish the entire agreement between the User and EM2 with respect to the Products, use of the Platform and Content, and supersede all prior communications and proposals (whether written, oral or electronic) between the User and EM2 with respect to the Platform and the Products.
EM2 may, in its sole and absolute discretion, change unilaterally and without prior notice the Terms and Conditions of Use. However, such changes will only apply from the time they are posted on the Platform and will govern transactions that take place after their entry into force, without altering transactions previously subscribed.
The Terms of Use are personal, and may not be assigned, transferred, or sublicensed, except with the prior written consent of EM2. EM2 may assign, transfer or delegate any of its rights and obligations under the Terms of Use without the User’s consent. Unless otherwise specified in the Terms and Conditions of Use, all notices or modifications will be deemed duly delivered from the time of posting on the Platform, or from the moment it is notified to the User, as applicable.
If the User has any doubts regarding the Terms and Conditions of Use, Privacy Notice, Personal Data Processing Policy, use of the Platform or its Profile, he/she may contact EM2 by writing to the email servicioalcliente@em2enter.com. Messages will be served within a maximum of forty-eight (48) hours and definitively resolved within five (5) business days as required by applicable law.