Terms and Conditions for use of Lasus platform

1. Purpose:

This contract contains the general terms and conditions (hereinafter "TERMS") applicable to the use of the commercial intermediation service (brokerage) and, in general, to the services offered by GESTION DE COMPRAS EMPRESARIALES  S.A.S (hereinafter "THE SERVICES") on the website www.lasus.com.co (hereinafter "THE PLATFORM"). In addition to the TERMS described herein, any person who wishes to access THE SERVICES must be subject to the other s policies and principles that govern THE PLATFORM and that are an integral part of these regulations.

2. Acceptance of Terms and Conditions:

By ticking the "I accept Terms and Conditions" box, by browsing the platform or by signing this agreement, you expressly acknowledge and accept, in your own name as a natural person, in the name of your employer or in the name and legal representation of a legal entity, that you are adhering to a binding legal agreement with GESTION DE COMPRAS EMPRESARIALES  S.A.S, company identified with NIT 901.065.664-8, as a natural person who is over 18 years of age or if s is a legal person, has the capacity to legally represent himself, has full power to bind himself directly or personally, or to the entity he represents, to his employer or to the entity that applied for the service, and has understood and agrees to comply with the TERMS, thus acquiring the status of user (hereinafter "USER" or "USERS" as the case may be).

Any legal or natural person who does not accept the TERMS must refrain from using THE SERVICES offered on THE PLATFORM, as they are mandatory for access to them.

Through THE PLATFORM, a brokerage service is provided for the purchase and sale of goods and services, which are not offered by GESTION DE COMPRAS EMPRESARIALES  S.A.S but directly by suppliers who are duly registered on THE PLATFORM. In this sense, it must be understood that the commercial relationship is the one dealt with in article 1340 et seq. of the C of Commerce, since for the provision of the service, GESTION DE COMPRAS EMPRESARIALES  S.A.S does not exercise the representation or mandate of the USERS who participate in the platform, rather, it consists of bringing them closer together through s THE PLATFORM in order for them to enter into legal transactions. By virtue of this, GESTION DE COMPRAS EMPRESARIALES  S.A.S does not have power over the decision of suppliers, buyers and sponsors for the purchase and sale of goods and the provision of services; each USER is free to accept or reject the legal transactions that have been freely offered on THE PLATFORM.

Therefore, the USER may have two different contractual relationships: firstly, a contract with GESTION DE COMPRAS EMPRESARIALES  S.A.S which is governed by the TERMS described herein and which has as its object the provision of the brokerage service and, on the other hand, the contracts for the sale of goods and/or provision of services that are entered into between the different USERS who participate in THE PLATFORM.

3. Registration and Classification of USERS:

To acquire the status of USER, the legal or natural person must provide the information required on THE PLATFORM for registration, which will be subsequently validated by GESTION DE COMPRAS EMPRESARIALES  S.A.S. In the event that errors in the information provided are evidenced through the validation, it will be requested by email (to the contact email provided) so that it can be corrected, once the requested correction has been made, THE PLATFORM will proceed to activate the USER. In the event that there are no errors in the information provided after validation, the USER will be activated.

After acceptance of the TERMS and validation of the information provided in the registration,  THE PLATFORM will create a user account for the USER on THE PLATFORM. It will also give you access by giving you a username and password. The USER shall be solely responsible for the safekeeping of said password. Any operation carried out with the access code will be valid and binding on the USER.

USERS may register as a BUYER and/or SUPPLIER according to compliance with the following requirements:

To be a BUYER of certain goods or services, the natural or legal person must have a reliable history of negotiations (payment of credits, compliance, etc.).

To be a SUPPLIER of certain goods or services, the natural or legal person must have a reliable history in terms of negotiations (deliveries, guarantees, etc.) and that they comply with the regulations or minimum standards for those goods and services that require it.

The same USER may be classified into several different categories depending on the goods and services traded through s of THE PLATFORM as long as they meet the conditions described above.

4. Obligations of the USER:

In addition s the obligations contained in other clauses of this contract, the USER undertakes to:

a) Pay for THE SERVICES in a timely manner in accordance with the provisions of the TERMS.

b) Be responsible for the veracity and timeliness of the information provided.

c) Accept that GESTION DE COMPRAS EMPRESARIALES  S.A.S may consult the registers of risk centers and different databases in order to carry out the respective validations and establish the risk associated with the operation carried out.

d) Refrain from facilitating third parties who are not USERS to use or benefit from THE PLATFORM without the express authorisation of GESTION DE COMPRAS EMPRESARIALES  S.A.S.

e) Provide true, reliable, sufficient, clear and up-to-date information regarding the goods or services offered or required for sale, the price to be paid and the delivery thereof.

d) Use in an unauthorized or fraudulent manner THE SERVICES.

e) Access or attempt to access restricted resources or areas of THE PLATFORM.

f) Use THE PLATFORM, the contents or the services for purposes or effects that are illicit, illegal, contrary to the provisions of these conditions, to la buena faith and public order, harmful to the rights and interests of third parties, or that in any way may damage, render useless or overload THE PLATFORM or prevent the normal use of the services.

g) Introduce or disseminate computer viruses into the network or carry out actions that may alter, interrupt or generate errors or damage to the electronic documents, databases or computer systems (hardware and software) of THE PLATFORM.  

h) Refrain from facilitating viruses, worms or other programming routines to interfere with or damage THE PLATFORM.        

i) Attempt to access, use and/or manipulate the databases provided for unforeseen purposes that undermine the rights of the owners.     

j) Reproduce, copy, distribute, transform or modify the contents of THE PLATFORM.

k) Delete, hide or manipulate the notices on intellectual property rights and other identifying data s of THE PLATFORM or of third parties incorporated into the contents, as well as the technical protection devices or information mechanisms that may be inserted in the contents and systems.        

l) Impersonate another USER or natural or legal person when using THE SERVICES.

 Paragraph: The USER shall be liable for all damages of any nature suffered by GESTION DE COMPRAS EMPRESARIALES  S.A.S as a result of the breach of the obligations arising from these TERMS in relation to the improper use of the portal.

5. Value of THE SERVICES:

Current price of the products according to Lasus. The price of the page is an "estimate that must be validated with specialists".

6. Exclusion of liability of GESTION DE COMPRAS EMPRESARIALES  S.A.S:

a) USERS use THE PLATFORM at their own risk, by virtue of which GESTION DE COMPRAS EMPRESARIALES  S.A.S will not be liable for damages of any kind that may arise from the legal transactions entered into between USERS.

b) GESTION DE COMPRAS EMPRESARIALES  S.A.S will not be responsible for the availability of the platform in the following events:

b.1) Interruption in the operation of THE PLATFORM due to computer failures, disconnections, delays or blockages caused by deficiencies or overloads in the networks, on the Internet or in other electronic systems used in the course of its operation.

b.2) Effects caused by viruses, Trojan horses, worms or other types of computer attacks that affect the normal operation of THE SERVICES.

b.3) Other damages that may be caused by third parties through unauthorized interference, beyond the control of THE PLATFORM.

b.4) Maintenance tasks or any other event or circumstance beyond the normal will and diligence or arising from force majeure or fortuitous event.

Notwithstanding the foregoing, GESTION DE COMPRAS EMPRESARIALES  S.A. will S make reasonable efforts to maintain the availability of the platform.

c) GESTION DE COMPRAS EMPRESARIALES  S.A.S will not be responsible for events in which the identity of USERS is impersonated.

d) For all intents and purposes, it will be understood that the obligations of GESTION DE COMPRAS EMPRESARIALES  S.A. are S of means and not of results.

e) GESTION DE COMPRAS EMPRESARIALES  S.A.S will not be responsible for contractual breaches arising from the legal transactions entered into between USERS through s of the PLATFORM. It will be the responsibility of the USERS to issue the enforceable titles that serve them to execute jurisdictionally such legal transactions, such as the issuance of invoices between them.

Paragraph: This clause does not constitute a limitation of liability in accordance with Article 43 of Law 1480 of 2011, by virtue of the fact that it is not limiting any liability that must be assumed by Law, but it makes clear about events that do not constitute the responsibility of GESTION DE COMPRAS EMPRESARIALES  S.A.S. Therefore, this clause has full legal effect.

7. Payments

For credit card payments, the cardholder's identity document must be sent to the contabilidad@lasus.com.co mail address to avoid fraud. Electronic transfer and PSE payment options are available. For electronic transfer, proof of payment must be sent to the mail contabilidad@lasus.com.co for the order to be effective.

The discounts displayed on the page may not apply depending on the payment method. They must be confirmed in advance with the sales executive.

8. Governing Law:

THE SERVICES are governed by the Colombian legal system, in the aspects that are not expressly established in these terms and conditions. Therefore, any dispute or conflict that may arise between THE USER and GESTION DE COMPRAS EMPRESARIALES  S.A.S will be resolved in accordance with the laws of the Republic of Colombia without giving effect to the conflict with other laws of other countries or your current state of residence.

If, for any reason, any part of these terms and conditions is deemed unenforceable by the competent legal operator, the remainder of these terms and conditions shall continue to apply in their full effect.

9. Dispute Resolution:

If any controversy arises in the execution of the legal transaction, the parties must first attempt a direct settlement, for which the dissenting party must formulate a written claim in which it must also expressly state that it constitutes the beginning of said stage, which will have a duration of one (1) calendar month. If the dispute continues, an alternative dispute resolution mechanism must be resorted to and finally, if this is not effective either, they may resort to the jurisdiction.

10. Duration, Modification and Termination of this Agreement

This contract has an indefinite duration and its validity between the parties is subject to the acceptance of the same.

Notwithstanding the foregoing, GESTION DE COMPRAS EMPRESARIALES  S.A. may S unilaterally modify THE TERMS. For such modification, GESTION DE COMPRAS EMPRESARIALES S.A. must notify S via email s once the changes have been made and THE USER will have the right to express their disagreement in writing and consequently terminate the contract with GESTION DE COMPRAS EMPRESARIALES   S.A.S so they will not be able to continue using THE SERVICES. In addition, THE USER may unilaterally terminate the contract when there is a serious breach by GESTION DE COMPRAS EMPRESARIALES  S.A.S of its contractual obligations.

On the other hand, GESTION DE COMPRAS EMPRESARIALES  S.A. may S unilaterally terminate the contract when:

            a) There is a breach of obligations on the part of THE USER.

b) It can reasonably be concluded that there are legal, reputational, commercial or any other risks due to the provision of THE SERVICE to THE USER.

c) THE USER does not comply with the recommendations coming from GESTION DE COMPRAS EMPRESARIALES  S.A.S for the correct functioning and security of the platform.

11. Indemnity Clause

THE USER shall hold harmless GESTION DE COMPRAS EMPRESARIALES S.A.S by virtue of which any cost – including legal advice – for the claim of a third party to GESTION DE COMPRAS EMPRESARIALES   S.A. shall S be assumed by THE USER, when it has occurred on the occasion of:

a) Violation of regulations that are applicable to the legal transactions entered into by THE USERS between s i.

b) Impersonation of THE USER

c) Violation of the obligations by THE USER arising from this contract.

d) Any non-contractual or contractual civil liability that may be incurred by GESTION DE COMPRAS EMPRESARIALES  S.A.S due to the action or omission of THE USER.

12. No Assignment.

Neither party may assign all or part of its contractual position to a third party without the express written consent of the other party.

13. Intellectual and industrial property

1. ENTERPRISE  PURCHASING MANAGEMENT S.A.S. holds all rights to the content, design and source code of c this website and, in particular, to the photographs, images, logos, designs, trademarks and trade names included in THE PLATFORM. These rights are protected by current intellectual property laws.

2. The total or partial reproduction of THE PLATFORM is expressly forbidden without the express written permission of GESTION DE COMPRAS EMPRESARIALES  S.A.S.

3. Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that entails an infringement of the regulations in force in Colombia or in the rest of the world in terms of intellectual and/or industrial property is totally prohibited without the prior express written authorization of GESTION DE COMPRAS EMPRESARIALES  S.A.S.

4. You inform that you do not grant any license or implicit authorization on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in THE PLATFORM.

5. In the cases foreseen, GESTION DE COMPRAS EMPRESARIALES  S.A. will S take the corresponding legal actions, including criminal ones, based on the provisions of Law 599 of 2000, in its articles 270, 271 and 272.

14. Confidentiality

The parties agree that during the term of this agreement, all information obtained in the course of this agreement is confidential, without prejudice to the obligation to provide the competent authority with all the information requested, in accordance with the legal and regulatory provisions in force.        

15. Partial Nullity.

In the event that any of the clauses contained in this agreement is void for any reason, the remainder shall be valid without nullifying the entire agreement, provided that it does not contravene the essence of this agreement.

16. Notices.

All communications between the parties will be conducted through electronic communication s .

The e-mail address provided by GESTION DE COMPRAS EMPRESARIALES  S.A.S is info@lasus.com.co

The e-mail address provided by the USER will be the one provided in the registration form for THE PLATFORM. Likewise, any notification that must be made to you may also be through s postal service.

Any notification will be understood to have been made on the day the email is sent or, if it has been sent through postal service s , it will be the day of its receipt by the USER, which will be certified by the postal service company.

17. Withdrawal of Consent.

After accepting, the USER may withdraw his/her consent; so that ENTERPRISE  PURCHASING MANAGEMENT S.A.S. may contact such user about the collection, use or disclosure of his or her information, at any time he or she may contact us at the above notice information.

18. Return and Exchange Policies.

Through s of THE PLATFORM, THE USER does not directly purchase BUSINESS  PURCHASING MANAGEMENT PRODUCTS S.A.S but from each of the producers that offer their products. Therefore, if THE USER wishes to make a return, an exchange or a complaint about the characteristics of the product, he/she must process it directly with the producer, acknowledging that LASUS has no responsibility whatsoever for the suitability, warranty, shipping times, among others, of the product. THE USER may ask LASUS for the contact information of such producer and the latter will be obliged to provide it.

In any case, the following provisions will be the ones that the producers must abide by, in the event that THE USER requests an exchange or a return.

Money Backs

In accordance with the right of withdrawal enshrined in Law 1480 art. 47, the maximum term for THE USER to exercise it is 5 business days from the delivery of the goods. After this time, the producer will not be able to offer a refund, but it s an exchange that THE USER can make up to 30 days after s purchase. To request a return, you will need to do so at the notification addresses listed above. To be able to do this, you will need to have the invoice number and references of the goods you wish to return at hand. In order for you to complete the Return process, you must ensure that the items you have purchased have not been used and are in the same condition as you received them, including their original packaging, and you must present the purchase invoice.

The costs associated with the return, including the cost of round-trip transportation, will not be refunded, unless you have applied a specific promotion that indicates otherwise and for which THE USER must have support. Once the producer receives the item they wish to return, they will confirm to THE USER by email that it has been received. In the event that the aforementioned points are met, the producer will refund the total sum that THE USER paid for the products, without discounts or withholdings being made within a maximum period of 30 calendar days.

Changes

If a USER wishes to make a change, they have up to 30 calendar days to do so. The steps to follow are the same as described above in the Money Back section, but you will need to indicate that you wish to make an exchange for another particular product or for credit on THE PLATFORM to make a new purchase. If the goods are in the appropriate condition and the procedure is carried out within the aforementioned period, the exchange will be approved. Transportation costs for shipping the wrong products will be borne in full by the producer.

Paragraph: Promotional Products are not exchanged, except for warranty or quality issues and will not apply for a refund.  Likewise, THE USER undertakes to verify the terms and conditions of each brand   to check if the product, by virtue of its qualities, can be subject to change  (such as licenses and others).

THE USER shall be responsible for paying any transportation costs necessary to return the merchandise, except for warranties.

If the product does not meet the specifications given for exchange, money back or warranty, you will be informed via email s the reason why such request was not received and the product will be sent back to the initial delivery address. In this case, the cost of return shipping will also be borne by THE BUYER.

Warranty Policy

The term of the warranty is 30 days, from the moment THE USER receives the product. The product will be reviewed by the quality department and a response will be given within 15 working days. In the event that the product can be repaired, it will be repaired, if it is not admitted, it will be exchanged. If the failure is repeated, at the choice of THE USER, the change will be made.

19. Delivery Times.

Deliveries of THE PRODUCTS will only be made on business days. For major cities the approximate delivery time is 1 to 7 business days and for other municipalities the times range from 8 to 15 business days depending on the destination. Deliveries will not be made at an exact time and must be destined for a punctual and secure address, such as home or office. When the product requires manufacturing or importation, delivery times will bebetween 30 and 60 working days.

The delivery time starts counting from the confirmation of the payment and may be affected by force majeure factors, as well as the town where THE USER is and the day and time of purchase.

20. Changes to this Policy.

ENTERPRISE  PURCHASING MANAGEMENT S.A.S. reserves the right to update or modify this Policy at any time without notice. In the event of a change to this policy or any privacy statement, the change will only apply to personal information that is obtained after s posting the amended policy on the applicable site.

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