Invoicing, warranty, sales, consultation and data processing policies of Gildi Compañia S.A.S. - Gildi Eyewear Perú S.A.C. - Gildi Eyewear S.A. de C.V. - Gildi USA LLC hereinafter Gildi Eyewear
- GOODS RECEIVING
It is an essential condition that at the time of receipt of the goods, any incident that may occur in the state of the goods or the packaging must be indicated on the delivery receipt that is signed to the carrier and Gildi Eyewear must be notified by e-mail to servicioalcliente@gildi.co within 48 hours of receipt of the package. If the package has significant damage to the product, it must be rejected and Gildi Eyewear must be notified immediately.
- RETURN OF GOODS/TERMS AND CONDITIONS.
The customer shall have a period of 5 working days from receipt of the product to send to Gildi Company any complaint regarding the product supplied. After this period the products will be considered as conforming by the customer. The complaint must be made to our email servicioalcliente@gildi.co. Gildi Eyewear is not responsible and reserves the right to refuse possible returns in case of goods in poor condition due to misuse and/or improper handling. Transport costs incurred by a claim of the product supplied will be borne by both parties, so that the Customer will send the material to Gildi Eyewear and in turn will be sent to the customer (do not send cash on delivery). Return of material will only be accepted in the following cases:
- The return of non-defective merchandise is not accepted as a rule. However, in special cases, as an exception, returns will be accepted, but only with the prior approval of Gildi Eyewear, in which case a handling and administration fee of 35% of the value of the goods will be applied.
- Defective material at the time of receipt: If the material is defective a request should be made to our email servicioalcliente@gildi.co. Once the answer is given, the product will be sent to Gildi Eyewear with its original packaging, cases and original accessories.
- Defective material within the warranty period: In case of defective material within the warranty period, the management of the warranty will be accepted. Original packaging, cases or accessories will not be required. Once the mail is answered, the product will be sent to Gildi Eyewear within 7 days.
- WARRANTY
- The warranty condition will apply to manufacturing defects occurring during the stated period. Validation of whether the warranty claim applies will be determined by the Gildi Eyewear repair center.
- The repair center will give the diagnosis and the solution either by repair or definitive replacement.
- All warranty requests will be made via email to despachos@gildi.co.
- The warranty period for all our products shall be as follows: Six (6) months warranty to the distributor (optician) plus one (1) year to the end user after the distributor's sale.
- For the acceptance of the warranty you must attach a copy of the purchase invoice issued to Gildi Eyewear.
- METHOD OF PAYMENT.
The method of payment will be reflected in the invoice, in the conditions agreed between the Client and Gildi Eyewear and must be respected in accordance with the national commercial code.
- CREDIT LIMIT
The credit limit will be set by Gildi Eyewear based on that assigned to each customer. In the event that the customer's balance exceeds the agreed credit limit in cumulative billing, Gildi Eyewear reserves the right to withhold the supply of material.
- PRICE POLICY AND VALIDITY OF OFFERS
Gildi Eyewear offers are normally valid for 1 month unless otherwise stated and we reserve the right to change prices until you have received our order confirmation.
- CANCELLATION OR MODIFICATION OF ORDERS
Once we receive an order, we proceed to the execution of the order and from that moment on, no cancellations or modifications will be accepted, except for exceptions authorized by the commercial management.
- RISK TRANSFER
The risk of loss and/or damage is transferred to the customer as soon as the goods are received by the customer in conformity with the contract.
- PRODUCT DELIVERY
The product is considered delivered to the customer upon receipt in accordance with the deadlines set forth in paragraph 2 of this document. The deadlines foreseen for the delivery of the material are merely informative and are not binding for Gildi Eyewear in the event of a delay in the delivery of the product. The Client may not refuse to pay the price of the products already delivered when Gildi Eyewear
- RESERVATION OF TITLE
As long as the customer has not fully paid the price and all amounts due as a result of the sale, the product supplied shall be considered the property of Gildi Eyewear, with all inherent rights. The customer shall be considered the depositary of the products and must store them separately, clearly identifying them.
If at the expiration of any term the customer does not pay the amount due, Gildi Eyewear may choose between demanding immediate payment of all due and overdue installments or terminate the contract and withdraw the products held by the customer, without obligation to refund any amount received, which will remain for the benefit of Gildi Eyewear as compensation for breach of contract, without prejudice to compensation for damages caused to Gildi Eyewear that Gildi Eyewear may claim.
If, prior to the total payment of the products, the customer's goods are subject to any seizure or attachment, he/she will expressly state in the seizure procedure that they are the property of Gildi Eyewear. If, in spite of this, they are seized, it will facilitate the exercise, by Gildi Eyewear, of the pertinent third party seizure, the costs of which will be borne by the client.
The customer, in addition to the special affectation to the fulfillment of his obligations, established on the products sold, shall be liable for them with all his other assets.
- LIMITATION OF LIABILITY
The liability of Gildi Eyewear. in the sales transaction with respect to the final purchaser is limited to the amount of the invoice for the product sold and to that established by the applicable consumer legislation.
Gildi Eyewear's liability is limited to the amount of the invoice; Gildi Eyewear is not liable for any loss due to loss of profit of the purchaser of the goods.
- AUTHORIZATION FOR CONSULTATION AND REPORTING TO THE CREDIT BUREAUS
I expressly, sufficiently, voluntarily, informed and irrevocably authorize Gildi Compañía SAS, Gildi Eyewear Perú SAC, Gildi Eyewear SA de CV, Gildi USA LLC, and/or FENALCO, and/or DATACRÉDITO, and/or PROCREDITO, or whoever represents their rights, or whoever in the future holds, to capture, treat, process, verify, operate, transmit, transfer, use, consult, consult, divulge, report, circulate and request all information related to our credit behavior, financial, commercial and service information, of which we are holders, including that derived from the birth, execution and extinction of pecuniary obligations regardless of the nature of the contract that gives rise to them, as well as our credit history, positive and negative information on payment habits, and personal data necessary for the study, analysis and possible granting of credits or conclusion of contracts. This information may be consulted and reported to any Risk Center or database, such as the Information Centers of Financial Entities in Colombia, Peru, Mexico, United States, or to the entities that manage them or represent their rights. The permanence of the information in such databases shall be subject to the legal system in force, especially to the applicable legal norms and jurisprudence, which establish my rights and obligations, and whose public nature allows me to be fully aware of them. Likewise, I declare that I am aware of the rules and regulations of the credit bureaus. In the event that the person authorized in this document carries out in the future a portfolio sale or an assignment of the obligations I am responsible for in favor of a third party, this authorization shall be understood to be extended to said assignee under the same terms and conditions. I declare that I have carefully read this clause, understand it in its entirety and fully accept its scope and effects.
- PERSONAL DATA PROCESSING POLICY
Gildi Company S.A.S. - Gildi Eyewear Peru S.A.C. - Gildi Eyewear S.A. de C.V. - Gildi USA LLC
USE OF PERSONAL DATA
Gildi Eyewear in compliance with its legal and regulatory duty, seeks to make effective the constitutional guarantee of protection of personal and family privacy of all citizens, establishing instruments and expeditious controls in order to give proper treatment to the information it manages. This policy establishes the terms, conditions and purposes under which Gildi Eyewear, as responsible for personal data obtained through its various channels of care, treats the information of all persons who at any time for reasons of the activity carried out by the entity have provided personal data (hereinafter "Data Subject"). These terms and conditions apply to any registration of personal data made in person and/or virtually for the linking to any product, service or benefit of Gildi Eyewear. The data subject registers or submits his/her information freely and voluntarily and acknowledges that he/she has read and expressly accepts these terms and conditions. Gildi Eyewear is directly responsible for the processing of Personal Data.
- OBJECT
The purpose of this Policy is to establish the guidelines for the treatment of personal data collected, stored, used and circulated by Gildi Compañía S.A.S, Gildi Eyewear Perú S.A.C., Gildi Eyewear S.A. de C.V. and Gildi USA LLC (hereinafter "Gildi Eyewear Group"), in compliance with Law 1581 of 2012, Decree 1377 of 2013 and other regulations governing the fundamental right to habeas data in Colombia and in each country where the Gildi Eyewear Group has operations. Gildi Eyewear may provide any personal information to public or administrative entities in the exercise of their legal functions or by court order or in any other case expressly permitted by the regulations in force.
- SCOPE OF APPLICATION
This policy applies to all personal data processed by Gildi Eyewear Group in the course of its business activities, including customers, employees, suppliers, distributors, partners, users and other data subjects.
- DEFINITIONS
- Personal data: Information linked or that can be associated to one or several determined or determinable natural persons.
- Processing: Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.
- Data controller: Natural or legal person who decides on the database and/or data processing.
- Data Processor: Person who carries out the processing on behalf of the Data Controller.
- Data subject: Natural person whose data is the object of processing.
- PRINCIPLES FOR TREATMENT
The processing of personal data by the Gildi Group will be carried out under the following principles:
- Legality
- Purpose
- Freedom
- Truthfulness or quality
- Transparency
- Restricted access and circulation
- Security
- Confidentiality
- PURPOSES OF TREATMENT
The Gildi Group will process personal data for the following purposes:
- Manage commercial, contractual, labor and pre-contractual relationships.
- Process payments and invoicing.
- To develop marketing and advertising activities.
- Perform statistical and profiling analyses.
- Send relevant information about products, events and news.
- Comply with legal obligations in accounting, tax, labor and social security matters.
- Manage access to facilities and information systems.
- Report and consult information with credit bureaus, when necessary.
- RIGHTS OF THE OWNERS
The holders of personal data have the following rights:
- Know, update and rectify your personal data.
- Request proof of the authorization granted.
- Be informed about the use that has been made of their data.
- File complaints with the Superintendence of Industry and Commerce (Colombia).
- To revoke the authorization and/or request the deletion of the data, unless legally or contractually obliged to do so.
- Free access to your personal data.
- AUTHORIZATION
The processing of personal data by the Gildi Group requires the prior, express and informed authorization of the owner, except for exceptions provided by law.
The authorization may be obtained by physical, electronic or verbal means, or through unequivocal conduct of the holder that allows to reasonably conclude that he/she has given his/her consent.
- CHANNELS FOR EXERCISING RIGHTS
Holders may exercise their rights through the following channels:
E-mail: info@gildieyewear.com
- PROCEDURES FOR INQUIRIES AND COMPLAINTS
Inquiries: Will be answered within ten (10) business days of receipt.
Claims: They will be answered within fifteen (15) business days from the day following their receipt. If it is not possible to address the claim within that period, the interested party will be informed of the reasons for the delay and a response will be given within the maximum term allowed by law.
- INFORMATION SECURITY
The Gildi Eyewear Group has adopted the necessary technical, human and administrative measures to ensure the security of personal data and avoid its adulteration, loss, consultation, use or unauthorized access.
- VALIDITY OF THE POLICY
This policy is effective as of the date of its publication update (01/01/2019) and will be in force for as long as Gildi Eyewear Group processes personal data.