Terms and Conditions
FIRST: GENERALITIES.
This document, prepared on June 22, 2021, regulates the general terms and conditions applicable to the access and use that the User will make of the Website: WWW.LAMANTACHILENA.CL (hereinafter "LA MANTA CHILENA", "WWW.LAMANTACHILENA.CL" or "the Website" interchangeably), as well as to any type of information, content, image, video, audio or other material communicated or present on the Website.
For the purposes of this document, "Website" shall mean the external appearance of the screen interfaces, both static and dynamic, i.e., the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter, "Content") and all online services or reminders that it may offer to users (hereinafter, "Services").
LA MANTA CHILENA reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services incorporated therein. The User acknowledges and accepts that LA MANTA CHILENA may, at any time, interrupt, deactivate, and/or cancel any of these elements that are part of the Website or access to them.
Access to and use of the website and the related or attached content described herein shall be governed entirely by the laws of the Republic of Chile. Therefore, visits, as well as any contracts or transactions that the user enters into on the platform representing the website, as well as any legal effects they may have, are subject to the laws and jurisdiction of the courts of the Republic of Chile. Of particular importance is the application of Law No. 19,628 on the Protection of Personal Data and Law No. 19,496 on Consumer Rights.
Additionally, this website and its contents, as well as any transactions that may be carried out on it, are intended for all types of users, regardless of their nationality or place of residence. Chilean law does not apply to specific cases.
The user is advised to carefully read the contents of these General Terms and Conditions of Use, as well as print and keep a copy of them on a local storage drive or portable storage device for their convenience and security.
SECOND.- INFORMATION FROM THE WEBSITE WWW.LAMANTACHILENA.CL.
The ownership of LA MANTA CHILENA corresponds to TPL Spa, Tax ID number: 77.548.877-8
Additionally, for the purposes of any type of communication, presentation, query or claim related to the use or operation of the Website, or with the contracts and transactions that have been carried out, LA MANTA CHILENA will receive all types of communications at the email address: info@lamantachilena.cl, as well as at the telephone number: +56992077908, which will only be available for Customer Service purposes. TPL Spa, for these purposes, is domiciled at Leo 8924, Vitacura.
THIRD.- USER.
Access to, browsing and use of this Website, as well as any space enabled for interactions between Users, or between the latter and the Website (comment sections, blogging and microblogging spaces, and extensions intended for this function), will confer on individuals the status of "User". Therefore, it is understood that you accept the Terms and Conditions present in this document from the moment you access the Website or its contents, as well as any future modifications that may be made to the Terms and Conditions, without prejudice to what may be established by future legislation enacted in the Republic of Chile intended to regulate this type of documents, or that is applicable to the use of Websites.
Additionally, User access to the Website will be free and open, with no additional fees for accessing the site or its contents, other than the cost of an internet connection, where applicable.
User Responsibility.
LA MANTA CHILENA provides the User with a service characterized by the diversity of the content provided. The User assumes responsibility for proper use of the Website and its content upon accessing the Website. This responsibility extends, but is not limited to:
Use the information, Content and/or Services and data offered by LA MANTA CHILENA, without being contrary to these Terms and Conditions, as well as to the Chilean Legal System and Morality and Public Order, or that in any other way could lead to the violation of third party rights, or the normal functioning and operations of the Website.
LA MANTA CHILENA reserves the right to remove any comments and interactions from Users that violate the law, respect for human dignity, that are discriminatory based on race, nationality, sex, sexual orientation, ancestry or condition, as well as those that contain pornographic content or constitute messages known as "spam", or that threaten youth or childhood, public order or security, or that, in the judgment of LA MANTA CHILENA, are not appropriate for the Website.
In any case, LA MANTA CHILENA is not responsible for the opinions of any kind expressed by Users through comments or blogging or microblogging tools or extensions.
Simply accessing WWW.LAMANTACHILENA.CL does not imply a commercial relationship between LA MANTA CHILENA and the User.
Legal Capacity.
The Website does not require a minimum age to access its Content and Services; therefore, these Terms and Conditions will apply without distinction to all Website Users who comply with the provisions set forth herein.
Even so, the legal rules on legal capacity established in the legal system will govern in all cases where their application is relevant. Therefore, if a person lacks legal capacity to enter into contracts, they must refrain from using the Content and Services that require this capacity. LA MANTA CHILENA may, at any time, temporarily or permanently, suspend the participation of users who are found to lack legal capacity to use the Services and Content that require it, or who provide false, inaccurate, or fraudulent information to the Website.
The website WWW.LAMANTACHILENA.CL is primarily intended for users residing in the Republic of Chile. LA MANTA CHILENA does not guarantee that the website complies, in whole or in part, with the laws of other countries. If the user resides or is domiciled in a foreign country and decides to access and/or browse this website, they do so at their own risk, ensuring that such access and browsing comply with the provisions of applicable local legislation. LA MANTA CHILENA assumes no liability that may arise from such access.
FOURTH.- RIGHTS AND GUARANTEES OF THE USER OF THE SITE.
The User shall enjoy all the rights granted by current Chilean consumer protection legislation, in addition to the rights granted in these Terms and Conditions. Furthermore, the User shall at all times have the right to information, rectification, and erasure of personal data in accordance with Law No. 19,628 on the protection of personal data.
Changes and Returns.
If the purchased product does not satisfy the User, he/she may exchange or return it within a period of up to 30 days after the date on which he/she received it, at any LA MANTA CHILENA branch, or if it was delivered to the home, LA MANTA CHILENA may pick it up, with the User having to pay only the cost of shipping, which will be the same as the shipping cost.
To be eligible for a return or exchange, the product must be unused, with all its accessories and original packaging. For exchanges or returns, you must present the receipt, shipping guide, exchange ticket, or any other proof of purchase.
This warranty does not apply to products that have been custom-made or ordered by the User. In the case of used, opened, second-hand, or defective products, LA MANTA CHILENA will inform the User of their condition, providing all relevant information. If the User agrees to purchase them knowing this situation and considering a reduced price, the exchange or refund will not be applicable.
In the event of a refund, LA MANTA CHILENA will issue a refund to the payment method used by the User within a period of no more than 72 hours after the refund has been approved. The User will be duly informed via the email address provided or through another means of communication.
Right of Withdrawal.
The User will have a period of 10 days to terminate the contract entered into electronically from the date of receipt of the product or the date of contracting the Service, before the Service is provided or the User has access to any Content.
The exercise of this right must use the same means used to enter into the contract, and provided that LA MANTA CHILENA has sent a communication to the User, informing them of the completion of the contract and providing a copy of it, as well as clear and unequivocal access to the General Terms and Conditions, as well as the possibility of saving or printing said documents.
In the event that LA MANTA CHILENA has not fully complied with the provisions set forth in the preceding paragraphs of this section, the period available to the User to terminate the contract will be extended to 90 days.
This right cannot be exercised when the good, subject of the contract, has deteriorated due to an act attributable to the User.
If the good or service was obtained through credit, the credit will be void, but the interest will be borne by the user when it was granted by a third party.
LA MANTA CHILENA will be obligated to refund the amounts paid, without withholding any expenses, as soon as possible and, in any case, within 45 days of notification of withdrawal. The User must return in good condition the packaging, user manuals, boxes, protective elements, and any other additional items that came with the item.
Legal Guarantees.
If the product does not meet the stated or advertised specifications, if it is damaged in any way, or if any components are missing, it may be exchanged immediately. If it presents defects or faults within three months of receipt, the User may opt for free repair or, after receiving the product, exchange it or receive a refund of the price paid, provided the damage or deterioration was not the User's fault. Returns may be made at any LA MANTA CHILENA branch or office, or at a location agreed upon with a representative of the Website.
If the product is covered by a manufacturer's warranty, the warranty period will apply, provided it is longer than the 3-month period specified in the previous paragraph. However, if the product is perishable or, by its nature, intended to be used or consumed within a short period of time, the return period will be as indicated on the product or its packaging or wrapping, or, failing that, 7 days if nothing is indicated. All such periods will be suspended for the duration of the product being repaired under the warranty and until said repair is completed.
FIFTH.- HIRING.
To make purchases or contract services on the Website, follow these steps, clicking where appropriate:
a.- To begin the contracting process, you must confirm that you have read and accepted these Terms and Conditions.
b.- Select the product or service you are interested in and add it to the "shopping cart", or a similar option with similar names ("basket", "basket", to name a few).
c.- Log in to the site or enter your email address and password. If you are not registered yet, use the icon and menu that correspond to this option.
d.- Select the shipping and delivery method from the options available on the site (link to available options). If no alternatives are available, follow the delivery instructions as indicated on the site.
e.- Select the payment method.
f.- Once the purchase order or service contract has been placed, the following information will be displayed on the screen, which must appear before selecting the payment method:
- Description of the product purchased or service contracted.
- Price of the product or service.
III. Indication of the shipping cost, where applicable.
- Delivery date of the purchased product, depending on the type of delivery chosen; or start date of the contracted service.
- Payment method that the user will choose.
- Total value of the operation.
VII. Other conditions of the order for the product or service purchased.
VIII. Possibility of printing and saving the order by the User.
- Unique order identification number, which the User can use to track the order online or to identify it upon delivery or pickup.
g.- Sending of the information to the email registered by the User.
h.- The order will then be automatically sent to an identity confirmation process, in which the security and privacy of the user and the contracting process itself, availability, validity and quota of the selected payment method will always be protected.
i.- Once the above has been completed, the contract is finalized, and the selected payment method is charged. The purchase receipt is then sent electronically with the corresponding receipt or invoice, and the product will be shipped according to the selected delivery method.
j.- The buyer's rights will not be affected nor will he be charged without his identity being confirmed.
SIXTH.- MEANS OF PAYMENT.
Unless otherwise indicated for specific cases or offers, the products and services reported and traded on this site may only be paid for by:
a.- Visa, Mastercard, Dinners Club International, American Express bank credit cards or other cards authorized and validly issued in Chile or abroad, provided that they maintain a current contact for this purpose with LA MANTA CHILENA.
b.- Bank debit cards included in the Redcompra system or enabled to make payments and transactions through the WebPay system, validly issued in Chile by national banks, which maintain a valid contract for such purposes with LA MANTA CHILENA.
c.- Bank transfer, which will be made to account No. 171-15085-06, which LA MANTA CHILENA maintains at Banco de Chile.
Other payment methods that may be announced and accepted in the future will be notified through the appropriate channels and channels.
Payments with debit cards will be made through WebPay, an electronic payment system that automatically charges the user's bank account.
The User declares that he or she understands that these payment methods or portals are owned by third-party companies or individuals providing said services, independent of and not affiliated with LA MANTA CHILENA, and therefore the continued provision of services over time, as well as the correct functioning of its online payment tools and buttons, are the exclusive responsibility of the providers of these services and in no case of LA MANTA CHILENA.
SEVENTH.- DELIVERY AND DISPATCH.
Goods and products purchased through the Website will be subject to the shipping and delivery conditions chosen by the user, within those available on the website. Information regarding the address or shipping location is the sole responsibility of the user.
EIGHTH.- RESPONSIBILITY.
LA MANTA CHILENA will not be liable, under any circumstances, for the following events:
a.- Improper use by Users or visitors to the Website of the stored content, or of the products they acquire on the Website, as well as of the industrial or intellectual property rights contained in the Website, or in the products or services.
b.- Damages, specific or eventual, caused to Users derived from the operation of the search tools on the Website, as well as errors generated by technical elements of the Site or the search engine.
c.- Content of Websites that Users may access with or without authorization from LA MANTA CHILENA.
d.- Loss, misuse, or unauthorized use of passwords or validation codes, whether by the User or a third party, in the manner expressed in these Terms and Conditions. Likewise, the parties recognize and acknowledge that the computer support provided by WWW.LAMANTACHILENA.CL is not infallible; therefore, circumstances beyond the control of LA MANTA CHILENA may occur that may cause the Website or its platform to be inoperative for a certain period of time.
e.- Information referring to LA MANTA CHILENA that is found on websites other than or unrelated to WWW.LAMANTACHILENA.CL.
In the event of any of these situations, LA MANTA CHILENA will take all necessary measures to restore the correct functioning of the Website and its communications system as quickly as possible, without incurring any liability for any such situation.
LA MANTA CHILENA does not guarantee the availability or continued operation of the Website, nor that Users will be able to access any promotions and offers available at any time.
LA MANTA CHILENA is also not responsible for the presence of viruses or other harmful elements in documents or files stored on computer systems of any kind owned by Users. LA MANTA CHILENA will not be liable for damages caused to the User resulting from the improper use of the technologies and platforms made available to them, regardless of the manner in which these technological elements are misused. Likewise, LA MANTA CHILENA will not be liable for damages caused by improper use or bad faith by Users when using WWW.LAMANTACHILENA.CL.
However, in the event of a double payment by a User on the Website, LA MANTA CHILENA will refund the full amount of the overpayment within 7 days of receiving the corresponding claim made by the User or their representatives, which must include an attachment containing the original payment receipts corresponding to the overpayment made.
When registering, logging in, making transfers, and communicating, WWW.LAMANTACHILENA.CL uses digital security certificates (SSL) to encrypt information. LA MANTA CHILENA does not store or retain its Users' financial data.
NINTH.- DATA SECURITY POLICY.
LA MANTA CHILENA will adopt all necessary measures to protect its Users' data, such as information encryption systems, security certificates, and other similar or equivalent measures that LA MANTA CHILENA deems prudent for these purposes. If the User makes changes to the information registered or entered on the Website, or if any type of irregularity attributable to the User is detected related to the information provided or transfers made by the User, as well as anything related to identification or the use of payment methods, or simply as an identity protection measure, the Website staff will contact the User, either by telephone or email, to corroborate the data and information, as well as to prevent possible fraud.
In the event that contact is not established within 72 hours, and for the User's security, any purchase of a product or contract for a service will not be confirmed. The User will be informed by phone or email that the transaction has been voided due to the inability to verify their identity or payment method. Additionally, receipts evidencing the efforts made to contact the User to confirm the transaction will be made available to the User for a period of 10 days, should the User wish to confirm the purchase or contract. Additional inquiries may be made through the contact methods established in the paragraph regarding Website Information in this Terms and Conditions document.
With all of the above, Users are fully responsible for any loss or misuse, misuse, or unauthorized use of the product or service purchased or contracted, whether they or third parties incur in the acts described above, after making a purchase or contracting a service in accordance with the manner stipulated in these Terms and Conditions.
Personal Data.
By accessing the website WWW.LAMANTACHILENA.CL, Users or visitors guarantee that the information they provide to access or purchase products or services is true, complete, accurate, and up-to-date.
In accordance with the provisions of Law No. 19,628 on the Protection of Personal Data, any data of this type provided to the Website becomes part of a database belonging to LA MANTA CHILENA and will be used solely and exclusively for the purposes for which it was provided, specifically for communication between LA MANTA CHILENA and its Users, to validate data related to purchases or contracting of services, to arrange deliveries, and to respond to inquiries. This data will never be communicated or shared with other companies without the express authorization of its owner (the User), nor will it be transferred internationally.
LA MANTA CHILENA will never ask its Users to provide personal or financial data via email.
LA MANTA CHILENA assumes that the data entered by Users or by persons authorized by them is correct and accurate. By accepting these Terms and Conditions, Users express their consent that the personal data provided when filling out forms on WWW.LAMANTACHILENA.CL may subsequently be used to prepare and send offers that may differ from those offered on the Website.
Without prejudice to the foregoing, LA MANTA CHILENA guarantees all its Users the free exercise of the rights contemplated in Law No. 19,628 on the Protection of Personal Data regarding the access, modification, cancellation, and blocking of their personal data. Consequently, Users may submit requests related to the aforementioned rights, to which LA MANTA CHILENA will respond within a period of no more than two calendar days.
Electronic Documents.
Users, as manual recipients of electronic documents as established in Exempt Resolution No. 11 of February 14, 2003, issued by the Internal Revenue Service, which establishes the procedure for taxpayers authorized to issue electronic documents to also send them by these same means to manual recipients; declare and accept that, by approving these Terms and Conditions, they authorize LA MANTA CHILENA, represented by TPL Spa, Tax ID number: 77.548.877-8, to deliver the tax document corresponding to the transaction for the purchase of a product or contracting of a service solely through electronic means. Likewise, the notice of publication of the tax document is authorized to be sent to Users by email.
In accordance with the aforementioned regulations, and in the event that the User needs to back up his or her accounting information, he or she will assume the following obligations in relation to the aforementioned tax documents:
a.- Print the documents received electronically, for each tax period, immediately after receiving them from the issuer.
b.- Print the document in its original size and shape.
c.- Use white original type paper with a minimum size of 21.5 cm x 14 cm (half letter) and a maximum size of 21.5 cm x 33 cm (letter).
d.- Print with a quality that ensures the document's legibility for at least six years, as established by current legislation. Printing will be done using laser or inkjet printing methods, unless a different method is established by legislation or regulations on the matter issued in the future.
TENTH.- INTELLECTUAL PROPERTY AND RESERVED RIGHTS.
All rights present in the Website, including intellectual property, with respect to the Website itself, pages and other types of content, such as, but not limited to, texts of all kinds, graphic or audiovisual material (including, but not limited to images, audio clips and videos), logos and logotypes, icons of all kinds, downloadable material and content, data and information compilations and source codes of the page, are the property of LA MANTA CHILENA.
Likewise, all or part of the content mentioned in the previous paragraph is registered as a trademark, creation or commercial image, therefore, the rights are property of LA MANTA CHILENA, and its improper use and reproduction for commercial purposes without prior authorization is prohibited, as well as its use in any way that could discredit or negatively affect LA MANTA CHILENA.
Any other trademark that may be present on the Website and whose rights are not owned by LA MANTA CHILENA, will belong to their respective owners.
ELEVENTH.- COMMUNICATIONS.
LA MANTA CHILENA undertakes, in the event of sending any type of communication and information, including advertising or promotions, to any means of contact provided by the User, including telephone numbers or email, said communication will contain at least the following information:
a.- Identification of the type of message, making clear to the User the type of information it is dealing with, especially if it is a message containing advertising or promotions, all of which will appear in the subject field of the message (e-mail), or will be reported first (telephone communication by voice or text).
b.- Existence of the consumer right, recognized by Chilean regulations, related to the User's right to request the cessation of such messages from LA MANTA CHILENA. At the same time, LA MANTA CHILENA recognizes its obligation to suspend sending information if it receives a request from the User.
c.- The guarantee of a fast, simple and effective process in case the User wants to make the request, for which LA MANTA CHILENA may require some type of information prior to carrying it out.
d.- In the case of advertising or promotions from external sites, or from companies, businesses or brands associated with LA MANTA CHILENA, the message will contain the information necessary to identify the advertiser, including its trade name if it has one.
Promotions offered through this Website are not necessarily the same as those offered through other sales channels used by companies, such as physical stores, TV or radio advertisements, catalogs, or others, unless expressly stated on this site or in the companies' advertising for each promotion.