Terms and Conditions

FIRST: GENERALITIES

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 traffic obtained from domain variants that point to the final website, such as www.levice.store , www.levice.cl and www.levicechocolat.cl . The Website is property of LE VICE SpA, RUT N° 76.261.108-2, line of COCOA AND CHOCOLATES PRODUCTION, domiciled at AV. LOS INDUSTRIALES # 610, commune of LOS INDUSTRIALES, 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 navigate, 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 deemed incorporated into each of the contracts 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 you execute and the contracts that you enter into through this website, are subject and subject to the laws of the Republic of Chile and especially the law 19,496 on protection of consumer rights.

Le Vice Chocolat will therefore 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, query or claim regarding the use of this site, or the contracts carried out therein, Le Vice Chocolat appoints Mr. JOSÉ ANTONIO CARVALLO GARCÍA, General Manager, as special representative, available at email web@levicechocolat.com, and at the Customer Service telephone number +56 2 3245 1705, domiciled for these purposes at Av. Los Industriales 610, Huechuraba, city of Santiago. His legal status to act for Le Vice Chocolat is recorded in a public deed dated June 21, 2017, granted in the 14th Notary Office of Santiago Osvaldo Pereira González.

Le Vice Chocolat undertakes that if it sends you 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 that type by Le Vice Chocolat and the obligation of Le Vice Chocolat to suspend these shipments.
  3. A simple and effective procedure for the consumer to make that request, indicating an electronic address for these purposes.
  4. The identification of the advertiser with its commercial name.

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

Le Vice Chocolat will cease sending advertising or promotional messages by email or other equivalent means of individual communication to any person who has expressly requested the suspension of these 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 expresses unequivocally, through positive acts, his or her 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 giving 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 HIRE

To make purchases or contract services on this site you must follow the following steps by clicking on the corresponding field:

  1. To begin the contracting process, you must confirm that you have read and accepted these Terms and Conditions.
  2. Select the product or service you are interested in and add it to your “shopping cart”.
  3. Go to the shopping cart and click on the “Go to 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 delivery instructions as indicated on the site.
  5. Select the payment method.
  6. Once the order is placed, it will be displayed on the screen: This information must appear before selecting the payment method and this is how it works on 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 must immediately contact Le Vice Chocolat by email at administracion@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 to 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. Once the above has been completed, the contract is perfected and the payment is made in the selected payment method. Proof of purchase (receipt or invoice) will be sent along with the product, according to the delivery method selected. If the user requests not to receive the receipt with the product, they can indicate this in the order comments, receiving the tax document electronically in their email box.
  10. The buyer's rights will not be affected nor will charges be made, 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 through:

  1. Visa, Mastercard, Dinners Club International or American Express bank credit cards, issued in Chile or abroad, as long as they maintain current 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 current contract for such purposes with Le Vice Chocolat
  3. Other electronic payment methods 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 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 exclusive responsibility of the companies providing these services and in no case of Le Vice Chocolat.

SEVENTH: RIGHTS and GUARANTEES

Returns & Exchanges

If the purchased product does not satisfy you, it can be exchanged or returned without problems up to 30 days after the date it was received, at any of the Le Vice Chocolat “Stores”.

In order to make an exchange or return, the product must be unused, with all its accessories and original packaging.

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

This warranty does not apply to made-to-order or custom-made products. In the case of products that are reported as used, opened, second selection or with some deficiency, which are purchased having been informed of this situation on the site and with a reduced price, no exchange or return will be applicable.

In the event of a refund, the company will make a credit to the payment method used in a period not exceeding 24 hours after the return 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 concluded by electronic means from the moment they receive the product or from the moment they contract the service, before it is provided. If LE VICE has already shipped 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 of having completed the contract through an order confirmation email.

This right cannot be exercised when the property, the subject of the contract, has deteriorated due to an event attributable to the consumer.

If the good or service was obtained through credit, this is void but the interest is borne by the consumer when it has been granted by a third party.

Le Vice Chocolat will have the obligation to return the sums paid, without withholding expenses, and as soon as possible and, in any case, within 45 days of communication of the withdrawal. In the case of services, the refund will only include those amounts paid that do not correspond to services already provided on the date of 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

If the product does not have the reported technical characteristics, if it is damaged or incomplete, it can be changed immediately. If it presents faults or defects within 3 months following the date on which it was received, you can choose between free repair, or prior refund, exchange or refund of the amount paid, provided that the product has not deteriorated due to an event attributable to the consumer. It can be delivered directly to a technical service authorized by the manufacturer or to any Le Vice Chocolat branch.

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

The following will be considered a 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 they display or to the mentions on the labeling.
  2. Products that, due to deficiencies in manufacturing, processing, materials, parts, pieces, elements, substances, ingredients, structure, quality or sanitary conditions, where applicable, are not entirely suitable for the use or consumption for which they are intended or for which the supplier would have indicated in its advertising.
  3. If the supplier and consumer have agreed that the products subject to the contract must meet certain specifications and this does not occur.

EIGHTH: PRODUCT DELIVERY

Product Dispatch

The shipping 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 ensure that said address is authorized for delivery, that is, that someone can receive the order at any business time. If the destination address was incorrectly informed by the customer or there was no one to receive it at the home, 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 shipping cost for informing. It is noted that said shipping cost is not necessarily the same as what the customer paid for their 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 delivery time will depend on Chilexpress coverage and availability. 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.

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

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

Store Pickup

If you choose to pick up the product at a store, you can do so during the hours when the store is open to the public. If you choose another pickup 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 deadline for its withdrawal. Proof of this management will be available for 30 days. If the product is not removed within the specified period, the transaction will be void, with no right to a refund.

If the customer makes a purchase with Store Pickup and any of their products is not available at the time of their visit, they can choose another product of the same value, request one of greater value by paying the difference or request a refund of their money.

NINTH: RESPONSIBILITY

In no case will Le Vice Chocolat be liable for:

  1. The improper use that Users or visitors to the Site may make of the displayed materials, industrial property rights and intellectual property rights.
  2. Damage or possible 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. Access by 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 the purchase has been made in the manner expressed in the Terms and Conditions. Likewise, the parties recognize and record that the computing 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 computing 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 endeavor to restore the Site and the computer system as quickly as possible, without being held liable.

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 on Users' computer systems. Le Vice Chocolat will not be liable for any damages caused to the Client, arising from the inappropriate use of the technologies made available to the Client, regardless of the way in which these technologies are inappropriately used. Le Vice Chocolat will not be liable for any damage caused to the Site due to improper use and bad faith by Users and/or Buyers. However, in the event of a double payment being made by a User or Buyer on the Site, Le Vice Chocolat will return the amount of the overpayment, within 3 days following receipt of the respective written claim from the User or Buyer, in which The originals of the receipts for additional payment to what was purchased are attached.

In Login, registration and communication with payment methods 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 customers.

In any case, the liability 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 they determine. 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 key, such as information encryption systems, security certificates or others that the company deems relevant. If changes are detected in the information that you have registered on the site, or in the event of any irregularity in transactions related to your identification or that of the payment method, or simply as a measure to protect your identity, our executives may contact you by via telephone or email, in order to corroborate your data and try to avoid possible fraud.

If you cannot establish contact within 72 hours, for your own security, your purchase order placed on our site cannot be confirmed. We will inform you by telephone or email that your order has been voided due to inability to confirm your identity or the payment method offered. In addition, proof of the efforts made to contact you and confirm the operation will be available in our offices for 30 days, so that you can confirm the purchase order. Any query can be made to web@levicechocolat.com

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

Personal information :

Users and/or Buyers guarantee that the information they provide for the conclusion of the contract is true, complete, exact and updated.

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 to be used for the purposes that motivated its delivery and especially for communication. in general between the company and its clients, validate the purchase data, complete the delivery and answer their queries. 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, with the acceptance of these Terms and Conditions, declare that the personal data provided through the online forms on the Le Vice Chocolat website may be used for subsequent Offers and different from those offered in The place.

Without prejudice to 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. Consequently, buyers may make requests 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 a manual recipient 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 to the following:

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. Likewise, you authorize the notice of publication of the tax document to be sent to me by email.

In accordance with the indicated regulations, and if the user requires it to support the accounting information, they assume 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 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 (legal);
  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.

ELEVENTH: 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 added to 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 free or reduced delivery of one product for the purchase of another, the delivery of the good delivered free of charge or at a reduced price will be made in the same place to which the purchased product is delivered, unless the purchaser requests , upon accepting the offer, that the products be sent to different addresses, in which case you must pay the shipping value of both products. You cannot participate in these promotions without jointly purchasing all the products included in them.

TWELFTH: INTELLECTUAL PROPERTY

All content included on this site, such as text, artwork, logos, button icons, source codes, images, audio clips, digital downloads and data compilations, are the property of Le Vice Chocolat or its content suppliers, and are protected by Chilean and international laws on intellectual property. The graphic materials, logos, page headers, advertising phrases, button icons, written texts and service names included on this site are trademarks, creations or commercial images owned by Le Vice Chocolat in Chile and other countries. Such trademarks, creations 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 Le Vice Chocolat. 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 assigns, suppliers, publishers, rights holders or other content providers. No product, image or sound may be reproduced, duplicated, copied, sold, resold, visited or 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 any meta tags or any other “hidden text” utilizing Le Vice Chocolat's name or trademarks without prior written permission from this company. 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 web@levicechocolat.com.

THIRTEENTH: APPLICABLE LEGISLATION and COMPETENCE

These terms and conditions are governed by the laws of the Republic of Chile. Any controversy or conflict arising 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.