PRIVACY POLICIES

ACCEPTANCE AND AWARENESS OF USERS AND VISITORS 

Welcome to the website of POLITE DESIGN S.A.S. By browsing or visiting this site, YOU AGREE AND UNDERTAKE TO COMPLY WITH THE TERMS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY, and all disclaimers and terms and conditions set out on the website, identified with the top-level domain name WWW.POLITE.COM.CO. Store policies, located in Ibagué, Tolima, Colombia, and those open or to be opened, in any city in the world, may differ significantly from the applicable usage policies implemented on the website. We assume that you are of legal age and legally capable of entering into contracts, as you so identified yourself in the user and customer registration for the services of POLITE.COM.CO.

Please read the content of the following texts carefully. 

DISCLAIMER AND LIMITATION OF LIABILITY 

By visiting and using the content and commercial services of the website, you expressly agree that the use of the home page POLITE.COM.CO, hereinafter also referred to as THE COMPANY, is at your sole responsibility and risk. The website known as POLITE.COM.CO is provided “as is” and “as available.”

Neither the domain name POLITE.COM.CO nor THE COMPANY, nor its affiliates, subsidiaries or designees, nor their respective officers, directors, network administrators, information security auditors, employees, agents, third-party content providers, designers, contractors, distributors, sellers, sponsors, licensors and others (collectively, “Related Parties”) guarantee that the use of POLITE’s website will be uninterrupted or error-free.

Neither THE COMPANY nor its Related Parties guarantee the accuracy or completeness of the content offered on the website under the domain name POLITE or of the products or services for sale on the site. Nor do they assume responsibility for product updates that appeared under special commercial conditions (offers) outside the relevant season. In addition, THE COMPANY does not represent that the content provided on POLITE’s website is applicable to, or appropriate for use in, locations outside Colombia.

Under no circumstances shall THE COMPANY or its Related Parties be liable for any direct, indirect, incidental, special or consequential damages arising from the use of, or inability to use, POLITE’s website, including, without limitation, damages resulting from your reliance on information obtained from POLITE’s website that causes errors, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any other malfunction. Such exemption shall extend even to the consequences of actions by terrorists, vandals, or cybercriminals, or inadequate care and confidentiality in the use of computing tools, especially those recommended by the respective banking entities to which the users’ credit or debit cards belong. The foregoing limitation of liability shall apply to any legal action, even if an authorized representative of POLITE has been advised or should have been aware of the possibility of such damages.

ACCEPTANCE OF TERMS 

By entering, browsing, viewing and/or transacting on this site, the user acknowledges having read and understood these Terms of Use and agrees to be bound by them and to comply with all applicable laws and regulations that form part of Colombian legislation. In addition, when the user uses any service provided on this site, for example newsletters, discount vouchers, promotions, contests, they will be subject to the rules, guidelines, policies, product availability, and terms and conditions applicable to such service.

If the user does not agree with these terms, they must refrain from using this site, or if they do use it, they understand that they do so under their own responsibility and under the conditions set forth. This site is controlled and operated by THE COMPANY from its offices located in Colombia. THE COMPANY does not represent that the material on this site is appropriate or available for use in Colombia and other countries, and access from territories where its content is illegal is prohibited. THE COMPANY shall not assume legal responsibility for any political impact resulting from the use of this portal by visitors who intend to pursue such purpose (to prejudice or expose authorities) or due to ignorance of its internal regulations.

Those who decide to access this site from other countries do so at their own initiative and are responsible for complying with applicable local laws. Any claim relating to the use of this site and the material content is governed by the laws of Colombia and any alleged violations shall be brought before the local authorities.

These terms and conditions are subject to change without prior notice at any time, at the sole discretion of THE COMPANY, and from the date of modification, all transactions entered into between THE COMPANY and the user shall be governed by the amended document. THE COMPANY reserves the right to make changes to the website, the terms of use, and legal notices at any time.

The goods offered will be subject to stock availability (offers) and to the conditions in which they are found, and they may not be replaced due to claims. Any suggestions requested by the user or customer regarding modifications they may wish to implement (if the product allows it) must be agreed in advance between the customer and POLITE, under the final terms and conditions of the product, as well as its price, delivery, and transportation, as may be agreed.

Each time you use the website of POLITE.COM.CO, you should review the terms of use, legal notices, and privacy policy in effect at that time, which apply to transactions and use of the site, as well as any updates. If you are not satisfied with POLITE’s website, its content, the terms of use, or legal notices, you agree that the only available remedy is to stop using POLITE’s website. The user must periodically review this disclaimer, as updates may imply conditions for product delivery.

Improper use of the site is prohibited, including misrepresenting a user’s identity, using purchasing agents, and carrying out fraudulent activities on the site. Such conduct in Colombia (Law 1273 of 2009), as in most countries, constitutes cybercrime or other offenses that affect legally protected interests under the applicable local laws of the countries where transactions are carried out.

If one or more of the provisions contained in this document are deemed null, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired by such circumstance. 

THE DOMAIN NAME POLITE.COM.CO 

Polite.com is a top-level, commercial domain name owned by THE COMPANY POLITE and/or POLITE DESIGN S.A.S., a commercial corporation (Commercial Registry 00216166 and NIT 900445420-5, Law 1480 of 2011 http://www.ccibague.org/) incorporated under Colombian law, whose principal activities include the design, manufacture, tailoring, and commercialization of fashion garments and accessories for women and men, wholesale and retail. 

INTELLECTUAL PROPERTY RIGHTS 

All computer, graphic, advertising, photographic, multimedia, audiovisual, and/or design material, as well as all content, texts, and databases made available to you on this site are the exclusive property of THE COMPANY, or in some cases, of third parties who have authorized THE COMPANY to use and/or exploit them (hereinafter, “the content”) in accordance with Law 23 of 1982.

Likewise, the use on the domain POLITE.COM.CO of certain third-party content is expressly authorized by law. All content on POLITE.COM.CO is protected by copyright and trademark laws and all applicable national and international regulations.

Except as expressly provided in these terms and conditions, any act of copying, reproducing, modifying, creating derivative works, selling or distributing, or displaying the content, in any manner or by any means, including but not limited to electronic, mechanical, photocopying, recording, or any other means, is prohibited without the prior written permission of THE COMPANY or the copyright holder.

In no event do these terms and conditions confer rights, licenses, and/or authorizations to carry out the acts described above. Any unauthorized use of the content shall constitute a violation of these terms and conditions and of applicable trademark, copyright, and/or other intellectual property laws, both national and international. THE COMPANY grants the user a personal, non-transferable, and non-exclusive license and right to display the Polite.com site on a computer screen or PDA device under the user’s control, but the user may not hyperlink the website URL without the express authorization of the Steward or representative of POLITE.COM.CO. 

INDUSTRIAL PROPERTY 

All trademarks, trade names, logos, names, and any other distinctive signs, as well as utility models and/or industrial designs and other industrial or intellectual property elements inserted, used, and/or displayed on this site are the exclusive property of THE COMPANY and, in some cases, are the property of third parties who have expressly authorized THE COMPANY to use and/or exploit them.

Nothing on POLITE.COM.CO shall be construed as granting, awarding, or conveying, in any capacity, authorizations, licenses, or any other right to use or dispose of any Industrial Property in any way, without the written permission of THE COMPANY or the respective rights holder.

Any unauthorized use shall constitute a violation of these terms and conditions and of applicable national and international Industrial Property laws, and shall give rise to the corresponding civil and criminal actions. All parameters shall be established in accordance with the provisions set forth in the PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY MENTIONED IN THE TRIPS AGREEMENT, approved in Colombia by Law 178 of 1994 (December 28), through which the “Paris Convention for the Protection of Industrial Property,” done in Paris on March 20, 1883, revised in Brussels on December 14, 1900, in Washington on June 2, 1911, in The Hague on November 6, 1925, in London on June 2, 1934, in Lisbon on October 31, 1958, in Stockholm on July 14, 1967, and amended on October 2, 1979, is approved. 

LINKING, DEEPLINKING AND FRAMING (DEEP HYPERLINKS) 

THE COMPANY prohibits the use of its names and/or logos, trademarks, and any other distinctive signs it owns as hypertext links or in any other form (“links”) directed to Internet sites whose URL is different from HTTP:// WWW.POLITE.COM.CO, unless the establishment of such a link is approved by THE COMPANY in writing, in which case it must comply with the design and advertising criteria and manuals established by THE COMPANY.

Likewise, THE COMPANY reserves the right to request the removal or blocking of links that have been established on websites without its express prior authorization. The establishment on pages not controlled by THE COMPANY of links to subdirectories within the URL HTTP://WWW.POLITE.COM.CO (“Deeplinking”) is prohibited, and responsibility shall lie solely and exclusively with the Steward in charge of its security, control, and updating.

The display, use, exhibition, copying, or any other form of reproduction of the site http://www.ppolite.com or any of its subdirectories and/or pages on sites not controlled by THE COMPANY (“Framing”) is expressly prohibited. Failure to observe these prohibitions shall constitute a violation of intellectual property rights in the content and industrial property rights, and will be brought to the attention of the relevant authorities regarding dilution and trademark infringement and/or unfair competition practices, exhausting administrative remedies beforehand. 

LINKS TO THIRD-PARTY WEBSITES 

The Polite.com website may contain links to other sites operated by third parties, including, without limitation, third-party sites where THE COMPANY’s trademarks are displayed. These links are provided for your convenience and are intended solely to enable access to such third-party sites.

THE COMPANY makes no warranty or representation of any kind regarding the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or otherwise with respect to any third-party sites or their content. A link to a third-party site on POLITE’s website does not constitute sponsorship, endorsement, approval, or any responsibility with respect to such third-party site. THE COMPANY makes no warranty or representation regarding products or services offered on third-party sites.

The terms of use and privacy policy of any third-party site may differ significantly from the terms of use and legal notices applicable to the use of POLITE’s website, or from the regulations of the country where the website is hosted or where hosting services are provided. Please read the terms of use of third-party sites carefully for more information about the applicable terms and conditions in your case. If the use of deep hyperlinks with third parties is agreed, a note will be added alongside the holders stating “news” or “updates” of the POLITE domain, in letters of the same size, with the logo of the POLITE.COM.CO domain. 

INQUIRIES 

Any questions related to the use of the