Terms and Conditions

FIRST: GENERAL.

This document regulates the terms and conditions under which you have the right to access and use the services of the website www.garboalmadecereza.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 browse, visit, compare and, if you wish, purchase the goods or services displayed here.

We recommend that you read these Terms carefully and print or save a copy of them to your local drive for your information.

These Terms and Conditions will be applied and will be understood to be incorporated into each of the contracts entered into with GARBO through this website.

The use of this website, the application of these Terms and Conditions, the acts that it executes and the contracts that it enters into through this website, are subject and subject to the laws of the Republic of Chile and especially to Law 19,496 on the protection of consumer rights and Decree No. 6, of January 21, 2021, of the Ministry of Economy (Regulation of Electronic Commerce).

GARBO, therefore, will strictly apply all the benefits, guarantees and rights recognized in favor of consumers in Law 19,496 and the Electronic Commerce Regulation. In addition, GARBO adheres in all its parts to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce, which is available at the following link https://www.ecommerceccs.cl/wp-content/uploads/2021/12/CBBPP-2021.pdf.

Origin of products.

The products present on the Website www.hellowine.cl have different sources, depending on the category of products to which they belong, which are detailed below:

SECOND: COMMUNICATIONS.

For the communication of any presentation, consultation or claim regarding the use of this site, or the contracts that are carried out in it, GARBO, 76.237.437-4 designates Mr./Ms. Jaime Ochagavía, CEO, as special representative, available at contacto@garboalmadecereza.cl ; and at the Customer Service telephone number +56 9 8125 8222 , both domiciled for these purposes at calle Americo Vespucio 1001, bodegas 4-5, commune of Quilicura, city of Santiago . Its legal capacity to act for GARBO costa in a public deed of August 20, 2012 granted by the Notary Maria Gloria Acharan Toledo.

GARBO will contact you by email, telephone or WhatsApp, according to your contact preference indicated in the contracting process.

GARBO undertakes that in case of sending advertising or promotional information, by email or other similar means, it will contain at least the following information:

Identification of the message, which makes it recognizable as advertising or promotional communication, in the subject field of the message.

Existence of the right of the consumer or user to request the cessation of advertising shipments of this type by GARBO and the obligation of GARBO to suspend such shipments.

A simple and efficient procedure for the consumer to make that request, indicating an electronic address for this purpose.

The identification of the advertiser with its commercial name.

In the case of teaser advertising, the obligations indicated above will be fulfilled to the extent that the agency that carries it out is identified.

GARBO will stop sending advertising or promotional messages by email or other equivalent individual means of communication, to any person who has expressly requested the suspension of such 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 unequivocally expresses, through positive acts, his 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 GARBO website offers this option in the user interface with the phrase "I have read and accepted" or another equivalent that allows them to give their 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 GARBO 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.

Modification and Termination of the conditions.

These Terms and Conditions may be modified by GARBO when it deems appropriate by making the most updated version public at www.garboalmadecereza.cl.

These modifications will be communicated by GARBO to users who have indicated in their account settings that they wish to receive notifications of changes to these Terms and Conditions.

FIFTH: HOW TO CONTRACT.

To make purchases or hire services on this site, you must follow the steps below by clicking on the corresponding field:

• To start the contracting process, you must confirm that you have read and accepted these Terms and Conditions.
• Select the product or service that interests you 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 made, it will be displayed on the screen: This information must appear before selecting the payment method and it is how it works in most sites.
• In the case of products, it will include: origin or place of manufacture of the product; brand, model and sub-model of the product; reference qualities such as dimensions, size, color, weight, measure, number of units that make up the product, material and content; Basic functions, guarantees granted, capacities, performance, safety certifications, approvals and corresponding regulatory compliance, safety warnings and contraindications, availability of authorized technical service.
• Conventional guarantees that correspond.
• Price.
• indication of shipping cost if applicable.
• delivery date according to the type of dispatch chosen.
• payment method.
• total value of the operation (with the shipping cost included).
• other conditions of the order.
• Possibility to print and store the order.
• also a unique number of the order, with which you can track it online.
• Sending the information to the registered email.

The order will then automatically go through 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 is fulfilled, the contract is perfected by making the charge in the selected means of payment, a written confirmation of the contract will be sent accompanied by the proof of purchase with the corresponding ticket or invoice in electronic format and the product will be dispatched, according to the mode of delivery that had been selected.

The buyer will not be affected in his rights nor will he be charged, 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 for through:

• Card of the company itself, if applicable (eg: CMR, Cencosud)
• Visa, Mastercard, Dinners Club International or American Express bank credit card, issued in Chile or abroad, provided they maintain a valid contact for this purpose with Garbo.
• Bank debit cards included in the Redcompra system, issued in Chile by national banks that maintain a valid contract for such purposes with Garbo.

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 Garbo, so that the continuity of their provision of services over time, as well as the correct functioning of their online payment tools and buttons, will be the sole responsibility of the companies that provide these services and in no case of Garbo.

SEVENTH: RIGHTS AND GUARANTEES.

Returns & Exchanges.

If you are not satisfied with the purchased product, it can be exchanged or returned without problems up to 30 days after the date it was received, at any branch of the company, or if it was dispatched, the company can pick it up at the same place, paying only the value of the transport, which will be the same value as the dispatch.

To be able to make an exchange or return it is necessary that the product is unused, with all its accessories, original packaging.

In addition, taking into account the nature of the products, in the following categories it is necessary that they have not been opened and that they keep their original sealing and packaging.

For exchange or return, the bill, dispatch guide, exchange ticket, or other proof of purchase must be presented.

This guarantee does not apply to products made to order or made to measure. In the case of products that are reported as used, open, second selection or with some deficiency, which are purchased having reported this situation on the site and with a reduced price, the change or refund will not be applicable.

In the event of a refund, the company will make a credit in the means of payment that has been used in a period not exceeding 72 hours after the refund has been accepted, an issue that will be informed through the email that has been registered.

Right of Withdrawal.

You will have a period of 10 days to terminate the contract entered into electronically. This period of 10 days will be counted from the moment you received the product, when you have sent written confirmation that the contract has been perfected, a full copy, clear, understandable and unequivocal access to the terms and conditions, as well as the possibility of printing them.

In the event that the written communication indicated above has not been sent by Garbo, this period will be extended to 90 days.

To exercise this right, you may use the same means that you used to enter into the contract.

This right may not be exercised in the following cases:

• When the product, subject of the contract, has deteriorated due to an act attributable to the consumer,
• In the case of products that, by their nature, cannot be returned or can deteriorate or expire quickly,
• When the product has been made according to the consumer's specifications
• When it comes to products for personal use.
• In the case of contracting services, Garbo is free to accept or not the right of withdrawal. In each service offered, the policy applicable to each service regarding the right of withdrawal will be informed in advance and prominently.
• If the good or service was obtained by means of a credit, this is without effect but the interests are charged to the consumer when it has been granted by a third party.

GARBO will have the obligation to return the sums paid, without retention of expenses, and as soon as possible and, in any case, before 45 days from the communication of the withdrawal. In the case of services, the return will only include those amounts paid that do not correspond to services already provided on the date of the 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.

In case the product does not have the informed technical characteristics, if it is damaged or incomplete, it can be changed immediately. If it presents faults or defects within 6 months from the date it was received, you can choose between its free repair, or prior restitution, its exchange or the refund of the amount paid, provided that the product has not deteriorated due to an act attributable to the consumer. It can be delivered directly to a technical service authorized by the manufacturer or to any GARBO branch.

If the product has a manufacturer's guarantee, the term of this guarantee will apply, if this term is longer. However, if the product is perishable or is naturally intended to be used or consumed in a short period, the return period will be that printed on the product or its packaging or, failing that, it will be 7 days. All these terms will be suspended for the time that the good is being repaired in exercise of the guarantee, and until the repair is completed.

It will be considered as 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 that they hold or to the mentions of the labeling.
• Products that, due to deficiencies in manufacturing, processing, materials, parts, pieces, elements, substances, ingredients, structure, quality or sanitary conditions, as the case may be, are not entirely suitable for the use or consumption for which they are intended or to which the supplier has indicated in their advertising.
• If the provider and consumer have agreed that the contracted products 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 unsuitable for the use or consumption referred to in numeral 3 persist. This right will subsist in the event of a deficiency that was the subject of the technical service, or if it occurs again.
• If the object of the contract has hidden effects or defects that make it impossible to use it for which it is normally intended.

EIGHTH: DELIVERY OF PRODUCTS.

Dispatch of Products.

The dispatch and delivery conditions of the purchased products may be chosen from among the options offered on the site.

NINTH: RESPONSIBILITY.

In no case will Garbo be responsible for:

• The improper use that users or visitors of The Site may make of the displayed materials, industrial property rights and intellectual property rights.
• Damages or eventual 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 Garbo.
• The access of 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 buyer Buyers, or by third parties, after making the purchase in the manner expressed in the Terms and Conditions. Likewise, the parties acknowledge and record that the computer platform provided by Garbo is not infallible, and therefore, during the term of this Contract, circumstances beyond the control of Garbo may occur, which imply that The Site or the computer platform are not operational for a certain period of time.
• Garbo information or its services found on sites other than www.garboalmadecereza.cl
• In such cases, Garbo will try to restore the Site and the computer system as quickly as possible, without any type of responsibility being attributed to it.
• Garbo 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.
• Garbo is not responsible for viruses or other elements in electronic documents stored in Users' computer systems. Garbo will not be liable for damages caused to the Client, arising from the inappropriate use of the technologies made available to the Client, whatever the way in which these technologies are improperly used. Garbo will not be liable for damages caused to The Site by improper use and in bad faith by Users and/or Buyers. However, in the event of a double payment by a User or Buyer on The Site, Garbo will return the amount of the overpayment, within 3 days of receiving the respective written claim from the User or Buyer, in which the originals of the additional payment receipts are attached.

In Login, registration and communication with means of payment companies, Garbo uses digital security certificates (SSL), in order to encrypt communication. Garbo does not manipulate or store financial data of its clients.

In any case, the responsibility of Garbo, contractual, non-contractual or legal, with the Users, Buyers or visitors of The Site will not exceed the price actually paid by the Buyer in consideration for the product or service, without prejudice to what is determined by the Courts of Justice.

TENTH: DATA SECURITY AND SECRET PASSWORD.

Security measures implemented by Garbo

Garbo has adopted effective and reliable security systems in order to protect the integrity and confidentiality of the transactions and payment of its consumers and users.

The data delivered by consumers and users are protected by SSL.

Responsibility of Users regarding the information registered on the site.

Garbo will adopt the necessary and prudent measures to safeguard the security of the data and secret password, such as information encryption systems, security certificates or others that the company deems appropriate. In the event of detecting changes in the information that you have registered on the site, or in the event of any irregularity in the transactions related to your identification or that of the means of payment, or simply as a measure to protect your identity, our executives may contact you by telephone or email, in order to corroborate your data and try to avoid possible fraud.

In case of not being able to establish contact within a period of 72 hours, for your own safety, your purchase order made on our site cannot be confirmed. We will inform you by phone or by email that your order has been canceled due to not being able to confirm your identity or the means of payment offered. In addition, the receipts of the steps taken to contact you and confirm the operation will be available at our offices for 30 days, so that you can confirm the purchase order. Any query can be made to contacto@garboalmadecereza.cl.

However, Users and/or Buyers are exclusively responsible for the loss, misuse or unauthorized use of the validation code, either by themselves or by third parties, after the purchase has been made in the manner expressed in the Terms and Conditions.

Personal information:

The Users and/or Buyers guarantee that the information they provide for the conclusion of the contract is true, complete, accurate and up-to-date.

In accordance with Law 19,628, the personal data provided on the Website will become part of a Garbo database and will be used solely and exclusively for the purposes for which it was delivered and especially for communication in general between the company and its customers, validate the purchase data, finalize the delivery and answer your questions. The data will not be communicated to other companies without the express authorization of its owner nor will it be transferred internationally.

Personal data will be processed in the manner described in our Personal Data Treatment Policy, which you can consult in the Privacy Policies.

Garbo never requests personal or financial data via email.

Garbo presumes that the data has been incorporated by its owner or by a person authorized by it, as well as that it is correct and exact. Users and/or Buyers, by accepting these Terms and Conditions, state that the personal data provided through the online forms on Garbo's website may be used for subsequent Offers and other than those offered on The Site.

Notwithstanding the foregoing, Garbo guarantees users the free exercise of their rights to information, modification, cancellation and blocking of their personal data established in Law 19,628. Therefore, buyers may make requests that are related to said rights, and within a maximum period of two calendar days, Garbo must respond and effectively implement this request.

Electronic documents:

The user, in his capacity as manual receiver 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 Garbo company, rut 76.237.437-4 , so that the corresponding tax document of this transaction is delivered only by electronic means. In the same way, you authorize that the notice of publication of the tax document be sent to me by email.

ELEVEN: SCOPE OF THE CONDITIONS INFORMED ON THE SITE.

Garbo 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 Garbo 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 entered into 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 any case, rights acquired by consumers.

The promotions offered on the site will not necessarily be the same as those offered by Garbo through other sales channels. In promotions that consist of the free or discounted delivery of a product for the purchase of another, the dispatch of the good that is delivered free or at a discounted price will be made in the same place where the purchased product is dispatched, unless the purchaser requests, when accepting the offer, that the products be sent to different addresses, in which case he must pay the value of the dispatch of both products. It will not be possible to participate in these promotions without jointly acquiring all the products included in them.

TWELFTH: INTELLECTUAL PROPERTY.

All the contents included in this site, such as texts, graphic material, logos, button icons, source codes, images, audio clips, digital downloads and data compilations, are the property of Garbo or its content providers, and are protected by Chilean and international intellectual property laws. The graphic materials, logos, page headers, advertising phrases, button icons, written texts and names of services included in this site are trademarks, creations or commercial images owned by Garbo in Chile and in other countries. Such trademarks, trade names 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 Garbo. All other trademarks not owned by Garbo 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 Garbo or its assignees, suppliers, publishers, rights holders or other content providers. No product, image, or sound may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose, in whole or in part, without Garbo's prior written consent. 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 Garbo, without our prior written consent. You may also not use meta tags or any other “hidden text” using Garbo's name or trademarks without Garbo's prior written permission. Misuse of this site or these trademarks, licenses or patents is prohibited. The foregoing, without prejudice to the exceptions expressly indicated in the law.

HelloWine respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes a violation of intellectual property rights, please contact us at contacto@garboalmadecereza.cl
THIRTEENTH: APPLICABLE LEGISLATION AND COMPETITION.

All disagreements that derive from these Conditions or from Garbo's services, whether they take the form of a claim or litigation, will take place only in Curicó, Maule Region, Chile and by this act you accept said legislation, jurisdiction and place of court and waive any objection regarding the inconvenience of the forum.