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.levicechocolat.com and any information, text, video or other material communicated on the website. It also includes the traffic obtained from the domain variants that point to the final website, such as www.levice.store , www.levice.cl and www.levicechocolat.cl . The Website is the property of LE VICE SpA, RUT N° 76.261.108-2, ELABORATION OF CACAO AND CHOCOLATES, represented by JOSÉ ANTONIO CARVALLO GARCIA, domiciled at AV. EINSTEIN # 0180, commune of RECOLETA, city of SANTIAGO hereinafter "Le Vice Chocolat”.

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 that you enter into with Le Vice Chocolat 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 celebrates through this website, are subject and subject to the laws of the Republic of Chile and especially to the law 19,496 for the protection of consumer rights.

Le Vice Chocolat, therefore, will strictly apply all the benefits, guarantees and rights recognized in favor of consumers in Law 19,496. In addition, Le Vice Chocolat adheres in all its parts to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce.

SECOND: COMMUNICATIONS

For the communication of any presentation, consultation or claim regarding the use of this site, or the contracts that are carried out in it, Le Vice Chocolat designates as special representative Mr. JOSÉ ANTONIO CARVALLO GARCÍA, General Manager, available at the mail jcarvallo@levicechocolat.com ; and at the Customer Service telephone number +56 2 3245 1705, domiciled for these purposes at Av. Einstein 0180, Recoleta commune, Santiago city. Its legal capacity to act for Le Vice Chocolat is recorded in a public deed of June 21, 2017 granted at the 14th Notary of Santiago Osvaldo Pereira González.

Le Vice Chocolat undertakes that in case of sending advertising or promotional information, by email, it will contain at least the following information:

1. Identification of the message, which makes it recognizable as advertising or promotional communication, in the subject field of the message.
2. Existence of the right of the consumer or user to request the cessation of advertising shipments of this type by Le Vice Chocolat and the obligation of Le Vice Chocolat to suspend such shipments.
3. A simple and efficient procedure for the consumer to make that request, indicating an electronic address for this purpose.
4. 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.

Le Vice Chocolat 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.

The present Terms and Conditions are declared accepted by the user by clicking on "Go to the payment page" and Confirming the Purchase, 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.

Regarding the confidentiality of the password, the user and the administrator will be responsible within the scope that corresponds to each one.

FIFTH: HOW TO CONTRACT

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

1. To start the contracting process, you must confirm that you have read and accepted these Terms and Conditions.
2. Select the product or service that interests you and add it to your "shopping cart".
3. Go to the shopping cart and click on the "Go to the payment page" button.
4. 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.
5. Select the payment method.
6. 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.
   1. Description of the contracted product or service.
   2. Price.
   3. Indication of shipping cost if applicable.
   4. Delivery date according to the type of dispatch chosen.
   5. Payment method.
   6. Total value of the transaction.
   7. Other conditions of the order.
   8. Unique order number.
7. Sending the information to the registered email. If the user does not receive the confirmation email, they should immediately contact Le Vice Chocolat by email at administración@levicechocolat.com or by phone at +56 2 3245 1705. The company will have 48 hours to respond to these requests.
8. 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.
9. Complied with the above, the contract is perfected, making the charge in the selected means of payment. The proof of purchase (ticket or invoice) will be dispatched together with the product, according to the delivery method selected. If the user requests not to receive the receipt together with the product, they can indicate it in the comments of the order, receiving the tax document electronically in their e-mail box.
10. 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:

1. 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 Le Vice Chocolat.
2. Bank debit cards included in the Redcompra system, issued in Chile by national banks, which maintain a valid contract for such purposes with Le Vice Chocolat
3. Other electronic means of payment that the company may have contracted (Khipu, Servipag, Paypal, others).

Payment with debit cards will be made through WebPay, which is an electronic payment system that is responsible for making the automatic charge to the user's bank account.

Users declare that they understand that these means of payment or payment portals belong to third-party companies that provide these services, independent and not linked to Le Vice Chocolat, so that the continuity of their provision of services over time, as well as the correct The operation of its online payment tools and buttons will be the sole responsibility of the companies that provide these services and in no case of Le Vice Chocolat.

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, in any of the Le Vice Chocolat "Stores".

To be able to make an exchange or return it is necessary that the product is unused, with all its accessories, original 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 24 hours after the refund has been accepted, an issue that will be informed through the email that has been registered.

Right of withdrawal

Food or perishable products are guaranteed for a maximum period of 7 days. The user will have a period of 7 days to terminate the contract entered into electronically from the time they receive the product or from the time they contract the service, before it is provided. If LE VICE has already dispatched the purchased products, the customer will not be able to exercise their right of withdrawal.

To exercise this right, you must use the same means that you used to enter into the contract and provided that Le Vice Chocolat has sent you notification that the contract has been perfected through an order confirmation email.

This right may not be exercised when the good, subject of the contract, has deteriorated due to an act attributable to the consumer.

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.

Le Vice Chocolat will have the obligation to return the amounts paid, without withholding of expenses, and as soon as possible and, in any case, before 45 days from the communication of the retraction. 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 the 3 months following 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 branch of Le Vice Chocolat.

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:

1. 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.
2. 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 for which the supplier would have pointed out in their advertising.
3. If the provider and consumer have agreed that the contracted products must meet certain specifications and this does not occur.

EIGHTH: DELIVERY OF PRODUCTS

Product Dispatch

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

It is the customer's absolute responsibility to correctly inform the destination address of their order and to ensure that said address is authorized for delivery, that is, that someone can receive the order at any business hour. If the destination address was misinformed by the client or there was no one to receive it at the address, the order will be returned to its dispatch branch. In which case, the customer will have 30 calendar days to withdraw their order, without the right to a refund. The client may request that it be delivered to a new address by paying a dispatch cost for reporting. It is noted that said dispatch cost is not necessarily the same as the one paid by the client for his original order.

In the case of orders delivered by Chilexpress or similar, the customer declares to accept the terms and conditions of said carrier. It will be the client's responsibility to inform themselves and read these conditions. Chilexpress orders are dispatched in 1 to 2 business days and then the delivery time will depend on the coverage and availability of Chilexpress. It is established that we work with the Chilexpress withdrawal system and we are not responsible for delays or delays that said system may present.

In addition, in the case of Chilexpress orders, it is important to indicate that the work orders are digital and if the address is not accepted by the system, we will not be able to deliver. In which case the customer will be offered to choose another address in the same commune, a change of address subject to changes in the dispatch value that the customer must cancel or a cancellation of the order with money back.

It is finally established that we do not offer or guarantee exact delivery times, nor do we have a scheduled delivery service, even if the client requests it in the order notes.

Withdrawal in Store

If you choose to pick up the product in a store, you can do so during the hours that the store is open to the public. In case of choosing another withdrawal point, you must be guided by the times indicated in the selected option.

Withdrawals must be made within a certain period, which must be duly indicated in each of the options offered. Through the registered email you will be informed that the product is available and the term to be withdrawn. The vouchers of this management will remain available for 30 days. If the product is not withdrawn within the specified period, the transaction will be void, without the right to any refund.

If the customer makes a purchase with Store Pickup and one of its products is not available at the time of his visit, he can choose another product of the same value, request a higher value one by canceling the difference, or request a refund of his money.

NINTH: RESPONSIBILITY

Under no circumstances will Le Vice Chocolat be liable for:

1. The improper use that Users or visitors of The Site may make of the materials displayed, of industrial property rights and intellectual property rights.
2. 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.
3. Contents of the pages that Buyers or Users can access with or without authorization from Le Vice Chocolat
4. 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.
5. 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 Le Vice Chocolat is not infallible, and therefore, during the term of this Contract, circumstances beyond the control of Le Vice Chocolat may occur, which imply that the Site or the computer platform are not operational for a certain period of time.
6. Information about Le Vice Chocolat or its services found on sites other than www.levicechocolat.com

In such cases, Le Vice Chocolat will try to restore the Site and the computer system as quickly as possible, without any type of responsibility being attributed to it.

Le Vice Chocolat 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.

Le Vice Chocolat is not responsible for viruses or other elements in electronic documents stored in Users' computer systems. Le Vice Chocolat will not be liable for damages caused to the Client, arising from the inappropriate use of the technologies made available to the latter, whatever the way in which these technologies are improperly used. Le Vice Chocolat 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, Le Vice Chocolat 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 receipts of the additional payment to what was acquired are attached.

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

In any case, the responsibility of Le Vice Chocolat, contractual, extra-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 the Courts of Justice.

TENTH: DATA SECURITY AND SECRET KEY

Responsibility of Users regarding the information registered on the site

Le Vice Chocolat 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 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 administracion@levicechocolat.com .

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 data :

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 Le Vice Chocolat database and will be used solely and exclusively for the purposes that motivated its delivery and especially for communication. in general between the company and its customers, validate the purchase data, finalize the delivery and answer their questions. The data will not be communicated to other companies without the express authorization of its owner nor will it be transferred internationally.

Le Vice Chocolat never requests personal or financial data via email.

Le Vice Chocolat 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 the Le Vice Chocolat website may be used for subsequent Offers and other than those offered in The place.

Notwithstanding the foregoing, Le Vice Chocolat 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, Le Vice Chocolat 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 through these media to manual receivers), declares and agrees as follows:

By approving these terms and conditions, the user authorizes the company LE VICE SpA, RUT 76.261.108-2, 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.

In accordance with the indicated regulations, and in the event that the user requires it to support the accounting information, he assumes the following obligations in relation to said tax documents:

1. Print the documents received electronically, for each tax period, immediately upon receipt from the issuer.;
2. Print the document in the size and shape that was generated;
3. Use original type white paper with a minimum size of 21.5 cm x 14 cm (1/2 letter) and a maximum size of 21.5 x 33 cm (official);
4. Print in a quality that ensures the permanence of the legibility of the document for a minimum period of six years, as established by current legislation on the matter. This printing will be made using laser or inkjet printing, unless a different authorization or standard is established in this regard.

ELEVEN: SCOPE OF THE CONDITIONS INFORMED ON THE SITE

Le Vice Chocolat 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 Le Vice Chocolat 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 case any, rights acquired by consumers.

The promotions offered on the site will not necessarily be the same as those offered by Le Vice Chocolat 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 to which the purchased product is dispatched, unless the purchaser requests , when accepting the offer, that the products are sent to different addresses, in which case you 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 content included on this site, such as text, graphic material, logos, button icons, source code, images, audio clips, digital downloads and data compilations, are the property of Le Vice Chocolat or its content providers, and are protected by Chilean and international laws on intellectual property. 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 Le Vice Chocolat in Chile and in other countries. Said trademarks, creations and commercial images may not be used in connection with any product or service that is likely to cause confusion among customers and in any way that discredits or discredits Le Vice Chocolat. All other trademarks not owned by Le Vice Chocolat 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 Le Vice Chocolat 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 the prior written consent of Le Vice Chocolat. 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 Le Vice Chocolat, without our prior written consent. You may also not use meta tags or any other “hidden text” using Le Vice Chocolat's name or trademarks without Le Vice Chocolat'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.

Le Vice Chocolat respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at jcarvallo@levicechocolat.com .

THIRTEENTH: APPLICABLE LEGISLATION and COMPETITION

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