TERMS AND CONDITIONS TD TOYSTORE
This document describes the general terms and conditions (the “Terms and Conditions”) and the privacy policies (the “Privacy Policies”) (hereinafter collectively referred to as the “Agreement”) applicable to the purchase and sale of products (the “Products”) offered by AH MEDTECH S.A.S. (“The Company”) within the website https://tdtoystore.com/, and/or other related domains (hereinafter the “Site”), where these Terms and Conditions are found. Any person wishing to purchase the products offered by [Name] may do so subject to the Terms and Conditions and Privacy Policies, along with all other policies and principles governing https://tdtoystore.com/, which are incorporated herein by direct reference or explanation and/or detailed in other sections of the Site. Consequently, all visits and all contracts and transactions made on this Site, as well as their legal effects, shall be governed by these rules and subject to the applicable legislation in Colombia.
The Terms and Conditions and Privacy Policies contained in this document shall apply and be understood as an integral part of all acts and contracts executed or entered into through the offer and marketing systems included on this site between the users of this Site and the Company and by any of the other affiliated or linked companies, which make use of this Site.
ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS AND PRIVACY POLICIES, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE.
The user must read, understand, and accept all the conditions set forth in the Terms and Conditions and Privacy Policies of AH MEDTECH S.A.S, as well as in the other documents incorporated therein by reference, prior to registering as a user of https://tdtoystore.com/ and/or acquiring products and/or providing any data for any purpose.
If the user uses the Site, it will imply full acceptance of the conditions established in the Terms and Conditions and in the Policies of AH MEDTECH S.A.S. By using the Site and/or its Services, the user will be expressly obliged to comply with them, and may not plead ignorance of such Terms and Conditions and Privacy Policy.
LEGAL CAPACITY
The Services are only available to persons who have legal capacity to contract. Persons who do not have that capacity and minors may not use the Services. Therefore, the acts performed by these individuals on this Site will be the responsibility of their parents, guardians, caretakers, or curators, who will be considered to have been performed by them in the exercise of their legal representation. Anyone registering a user as a company must have the capacity to contract on behalf of that entity and to bind it under the terms of this Agreement.
REGISTRATION AND USE OF THE SITE
It is mandatory to complete the registration form in all its fields with valid information to become an authorized user of https://tdtoystore.com/ (the “USER” or the “USERS,” as applicable), access promotions, and for the acquisition of products and/or services offered on this Site. The future USER must complete the registration form with their personal information accurately, precisely, and truthfully (the “Personal Data”) and undertakes to update the Personal Data as necessary.
The COMPANY may use various means to identify its members, but is NOT responsible for the accuracy of the Personal Data provided by its USERS. USERS guarantee and are responsible, in any case, for the accuracy, truthfulness, validity, and authenticity of the entered Personal Data.
Each USER may only hold one (01) account and may not access more than one account with different email addresses or falsify, modify, and/or alter their Personal Data in any possible way. If fraudulent and/or malicious use is detected or suspected, or if it is contrary to these Terms and Conditions and/or contrary to good faith, the COMPANY shall have the unquestionable right to deactivate the accounts.
The COMPANY reserves the right to request additional proof and/or data for the purpose of verifying the Personal Data, as well as to temporarily or permanently suspend those USERS whose data could not be confirmed. In these cases of disablement, the COMPANY may cancel the purchase made, without generating any right to compensation, payment, and/or indemnification.
The USER, once registered, will have their email address and a secret password (the “Password”) that will allow personalized, confidential, and secure access. In case of possessing this information, the USER will have the possibility to change the access Password, for which they must adhere to the procedure established on the respective site. The USER undertakes to maintain the confidentiality of their access Password, assuming full responsibility for maintaining the confidentiality of their registered secret Password on this website, which allows them to make purchases, request services, and obtain information (the “Account”). This Password is for personal use, and its delivery to third parties does not involve any responsibility on the part of the COMPANY in case of improper, negligent, and/or incorrect use.
The USER will be responsible for all operations carried out in and from their Account, as access to it is restricted to the entry and use of a secret Password, known exclusively to the USER. The USER agrees to notify the COMPANY immediately and through suitable and reliable means of any unauthorized use of their Account and/or Password, as well as the unauthorized access by third parties to the same. It is clarified that the sale, assignment, loan, or transfer of the Password and/or Account under any title is prohibited.
The COMPANY reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without generating any right to compensation or indemnification as a result.
MODIFICATIONS TO TERMS AND CONDITIONS
The COMPANY may modify the Terms and Conditions at any time by making the modified terms public on the Site. All modified terms will become effective ten (10) calendar days after their publication. Within five (05) calendar days following the publication of the introduced modifications, the USER must contact the COMPANY if they do not accept them; in this case, the contractual bond will be dissolved, and they will be disabled as a USER. After this period, it will be considered that the USER accepts the new terms, and the contract will continue to bind both parties.
PROCEDURE FOR USING THIS SITE
In contracts offered through the Site, the COMPANY will inform, in an unequivocal and easily accessible manner, the steps to be followed to conclude them, and will inform, when applicable, if the electronic document in which the contract is formalized will be archived and if it will be accessible to the USER. It will also indicate its postal or email address and the technical means available to the USER to identify and correct errors in the submission or in their data.
PAYMENT METHODS THAT CAN BE USED ON THE SITE
The products and services offered on the Site, unless a different form is indicated for particular cases or offers of certain goods or services, can only be paid with Stripe and Paypal. The use of credit or debit cards will be subject to what is established in these Terms and Conditions by their Issuer. The Site may indicate certain purchase conditions depending on the payment method used by the USER.
In the case of making payment with credit cards, the COMPANY will request the USER’s identification document number in order to perform fraud risk validation with the banking entities and ensure integration with the payment gateway(s). When using a credit or debit card, the name of the cardholder must match the name used when registering on the COMPANY’s portal. Otherwise, the operation could be canceled. Under any suspicion and/or confirmation of unauthorized purchases, the COMPANY will cancel the purchase, automatically reverse the charge to the card, and will be empowered to take legal action against the person who carried out the suspicious transaction. Likewise, the COMPANY may, within the terms of the law, provide the personal information of the person who carried out the suspicious transaction to the affected cardholders.
The COMPANY may grant discounts in the form of credits that USERS can deduct from their purchase. In each case, the COMPANY will unilaterally determine the maximum amount of credits that the USER can use in a purchase and will detail it in the system before starting the payment process. The credits used by the Users will not be refunded in case of product returns, for any reason that this may occur.
FORMATION OF CONSENT IN CONTRACTS ENTERED INTO HROUGH THIS SITE
Through the website, the COMPANY will make offers of goods and services, which may be accepted through acceptance, electronically, and using the mechanisms that the same Site offers for this purpose. Any acceptance of an offer will be subject to the suspensive condition that the COMPANY validates the transaction. Consequently, for any operation carried out on this Site, the confirmation and/or validation or verification by the COMPANY will be a requirement for the formation of consent. To validate the transaction, the COMPANY must verify: a) That it validates and accepts the payment method offered by the USER, b) That the data registered by the USER on the Site match those provided when accepting the offer, c) That the payment is credited by the USER.
To inform the USER about this validation, the COMPANY must send written confirmation to the same email address that the accepting USER registered, or by any means of communication that guarantees the proper and timely knowledge of the USER, or by the effective delivery of the product. Consent will be deemed formed from the moment this written confirmation is sent to the USER and in the place where it was issued. The offer made by the USER is irrevocable except in exceptional circumstances, such as when the COMPANY substantially changes the description of the item after an offer has been made, or there is a clear typographical error.
Legal Notice: The sale and dispatch of products are subject to availability and product stocks. When the product is not available, the COMPANY will notify the USER immediately and refund the total price paid.
TERM OF VALIDITY OF THE OFFER AND PRICE
The term of validity of the offer is the one that coincides with the expiration date indicated in the promotion or due to the depletion of the quantities of products available for that promotion duly informed to the USER, or as long as the offer remains available, whichever is shorter. Whenever a promotion does not indicate an end date, it will be understood that the activity will extend until the corresponding
inventories are depleted.
The prices of the products and services available on the Site, as long as they appear on it, will only be valid and applicable on this site and will not apply to other sales channels used by the COMPANY, such as physical sales, telephone sales, other electronic sales sites, or others. The price of the product will be informed in Colombian pesos (COP); however, the charge will be made in US dollars (USD) considering the market exchange rate (TRM) of the day on which the charge is made, unless stated otherwise. The prices offered exclusively correspond to the value of the offered good and do not include transportation expenses, handling, shipping, accessories not expressly described, or any other additional item.
The COMPANY may modify any information contained on this Site, including those related to products, prices, stocks, and conditions, at any time and without prior notice, up until the moment of receiving a purchase acceptance, which will bind the COMPANY, subject to the validation conditions indicated above, that is, once consent has been formed between the parties for a specific transaction.
PROMOTIONS
The promotions offered on this website are not necessarily the same as those offered through other sales channels, such as physical sales, telephone sales, etc., unless expressly stated on this Site or in the advertising for each promotion. When the Site offers promotions consisting of the free or discounted delivery of one product with the purchase of another, the delivery of the free or discounted product will be made at the same location where the purchased product is delivered.
SHIPPING OF PRODUCTS
The products purchased through the Site will be subject to the shipping and delivery conditions chosen by the USER and available on the Site. The shipping destination information is the sole responsibility of the USER. The chosen deadlines for shipping and delivery are counted from the moment the COMPANY has validated the purchase order and the payment method used, and they will be considered business days for the fulfillment of said deadline. Orders will be shipped from the COMPANY’s warehouses five (5) business days after the sale has been completed.
Before finalizing their purchase, the USER will be able to know the range of dates for the estimated delivery of their product.
The USER may choose at the time of purchase for their product to be shipped to a specific location.
The USER acknowledges and accepts that the location data provided for the subcontracted transport company to make the delivery of the products purchased through the Site are true and current. Therefore, the USER declares that, by providing such data, they IRREVOCABLY AUTHORIZE the person who is at the address provided by the USER at the time of delivery to receive the product. In virtue of this, whoever is at the address indicated by the USER and declares in good faith their willingness to receive the products will act on behalf and representation of the USER, and therefore, the COMPANY will be authorized to deliver the products purchased through the Site. This authorization includes, but is not limited to, individuals who hold continuous or temporary positions such as building doormen, condominium employees, domestic service employees, janitors, and, in general, any person who at the time of delivery states that they are authorized to receive the products. Therefore, the COMPANY will not be responsible for any loss or damage that the products may suffer once they have been properly delivered to the address provided by the USER. The COMPANY will be exempt from liability as long as it can prove the delivery of the products at the address provided by the USER.
In order to facilitate the tracking of orders placed by USERS on the website, the COMPANY may send information via text messages (SMS and/or MMS) or via “WhatsApp” about the delivery and status of orders placed on the Site. USERS may not present doubts about their orders or interact via text messages (SMS and/or MMS) or via “WhatsApp.”
Warning: The COMPANY cannot guarantee shipping to some countries due to different circumstances such as lack of coverage, oversized products, or excessive weight. When this happens, the COMPANY reserves the right to revoke orders that are in these conditions, in which case the order will be reversed, and the price will be refunded to the USER as soon as possible.
INTERNATIONAL SALES
The sale price of the products DOES NOT include import fees such as: tariffs, taxes, and other applicable charges. The Supervisory Entity of the country of origin may request you, as the importer of the product, to make a payment and/or carry out an additional procedure. If this is the case, the COMPANY will not be responsible for the payment of any additional tax or tariff required to ensure the delivery of the international product.
LIMITATION OF LIABILITY
Under no circumstances, including, among others, negligence, will the COMPANY or its parent companies, subsidiaries, affiliates, executives, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, or consequential damages arising from or related to the use of the products by the USER or third parties.
WITHDRAWAL POLICY
The COMPANY offers its USERS the possibility to withdraw from the purchase during the five (05) business days following the product’s delivery.
The aforementioned withdrawals must be requested through the email johana@alfredohoyos.com. After initiating the withdrawal, the COMPANY will have a maximum of forty-eight (48) business hours to send the reverse logistics guide for the return of the product. If the product is not sent within the five (05) calendar days following the guide’s shipment, it will be understood that the USER wishes to cancel the withdrawal.
General conditions for a withdrawal:
- The product must not be damaged or deteriorated by the USERS.
- The product must have original labels, sales receipt, accessories, and packaging (including manuals, usage guides, warranty certificates, etc.).
- The product must not show signs of use, dirt, or wear.
- The product must not be delivered for more than five (05) business days. Conditions for the logistics of withdrawal:
- As a general rule, the USER must go to a DHL EXPRESS point with the guide sent by the COMPANY to proceed with the return of the product.
- The USER will be responsible for the costs of returning the product.
- The personnel in charge of collecting the product is not authorized to disassemble or manipulate it; their only function will be to collect it.
- If the product is not packaged in its original packaging, the collection will not proceed.
Conditions for refund of the withdrawal:
- If the withdrawal is accepted, the COMPANY will generate a coupon for the refund in the customer’s account. If the USER does not wish for the refund to be made in the form of a voucher, it will be processed through a reversal to the credit card used for the purchase, in accordance with the initial payment method used in the purchase.
- If, during the return process, the product subject to withdrawal does not meet the requirements to be accepted by the COMPANY, the product will be returned to the address registered by the USER, and the refund will not be processed. CLAIM CONDITIONS FOR WRONG PRODUCT In the event that the USER receives a product with different characteristics than described on the Site at the time of purchase, the following procedure must be carried out in order to verify the validity of the claim. The USER must submit the request via email to: johana@alfredohoyos.com within five (05) business days after receiving the product. Additionally, the USER can contact the customer service hotline. Once the customer service department receives the required documents and verifies the information, within 24 to 48 hours, the reverse logistics guide will be sent for the return to a DHL EXPRESS point of the USER’s choice, and the order collection will be scheduled. After the return process is completed, the reordering will be carried out so that the USER receives the product with the initially acquired characteristics. If the USER purchased an intimate product and received one with different characteristics, after verifying that it was indeed a COMPANY error, the correct product will be sent without the need to initiate a return process. SOLE PARAGRAPH: Intimate products include: girdles, waist cinchers. PAYMENT REVERSAL The USER may request a reversal of the payment for a product purchased on the Site directly with their banking institution (hereinafter referred to as the “Reversal”). Payment reversal can be requested if the USER was a victim of fraud, the payment corresponds to an unauthorized transaction by the USER, the purchased product was not received, does not correspond to what was requested, does not meet inherent characteristics, or if the delivered product is defective. To request the payment reversal, the USER must file a complaint with the COMPANY within five (05) business days following the date on which they became aware of the fraud, the unauthorized transaction, or when the issue with the purchased product occurred. If the USER requesting the payment reversal is not the same as the payment instrument holder, the request to the issuer must be made by the holder of the financial product. Within the same five (05) business day period, the USER must inform the COMPANY that the item subject to Reversal will be made available. The COMPANY will generate a reverse logistics guide for the USER to return the item subject to Reversal in the same condition as received. When the payment corresponds to multiple products, the USER may request partial payment reversal for those for which the request is made. In this case, the USER
must clearly specify which product and the value for which they are requesting the reversal.
Once the complaint has been filed with the COMPANY and the Reversal request has been made to the issuer of the payment instrument, they will have a period of fifteen (15) business days to process the reversal.
CLAIM CONDITIONS FOR MISSING PIECE
In the event that the USER receives an incomplete product, the following procedure must be carried out in order to verify the validity of the claim:
Within two (02) business days after receiving the product, the USER must contact the customer service hotline to file the claim for the missing piece of their item. Once the customer service department receives the claim and verifies the information, a response will be provided to the USER within two (02) business days. Depending on the case, the missing piece will be sent or the USER will be asked to initiate the return process through the website to send the complete product.
CLAIM CONDITION FOR DAMAGES
A damaged product is understood to be one that is physically deteriorated, with tampered packaging, empty contents, and/or corresponds to a wrong product.
In the event that the Customer receives a damaged product, within two (2) business days following the date on which the product was received, the following procedure must be carried out:
The USER must gather evidence that allows determining the condition in which the product was received. This will be documented through at least four (4) photographs clearly showing the packaging on its different sides and the product with all received pieces.
Within two (2) business days following the date on which the product was received, the USER must contact the channels enabled by the COMPANY to file the claim.
Once the Customer Service department receives the request along with the provided evidence, the procedure to be followed will be determined based on the evidence of the damage and the date of reporting the incident.
If the claim for damage is not initiated according to the procedure outlined above within the two (2) days following the receipt of the product, it will be understood that the received product is not damaged, and consequently, the Customer will not have another opportunity to file a claim for a damaged product.
WARRANTY POLICY
In the event that a product purchased through the website experiences operational issues or damage after receipt, the USER may contact the COMPANY for proper support regarding their warranty request. All warranty requests must meet the following conditions:
The product warranty must be valid.
The product must have the invoice and warranty documents. In cases where the product lacks a document certifying a warranty period, it must have been delivered less than 12 months ago for medical devices and within 30 calendar days for items such as surgical belts and waistbands.
The product damage must be due to a manufacturing defect, technical failure, or irregularity. No warranty will apply if the product shows signs of misuse by the USER.
The provider has the right to replace, repair, or refund the product.
At the USER’s discretion, the provider will either pick up the product from its delivery location or the USER can leave the product at a designated service point. In the latter case, the provider will cover all shipping expenses. If transportation for the item is required, the costs shall be borne by the provider.
The repaired or replacement product shall be delivered to the USER at the same location where the legal warranty was requested, unless the USER requests a different location and the provider agrees. If transportation for the item is required, the costs shall be borne by the provider.
In the case of replacing the item with an identical or similar one, the provider will proceed with the replacement within ten (10) business days after receiving the product.
The repair will be completed within thirty (30) business days, counted from the day following the delivery of the item to the provider for repair.
In the event of a refund, it will be processed as follows:
From the day following the acceptance of the warranty by the provider and their subsequent communication with the COMPANY and the USER, the COMPANY has up to twenty-five (25) days to process the refund.
If the item is not repairable or the product’s issue persists, the provider will inform the USER of their decision on how to activate the warranty, either by issuing a refund or by exchanging the item for an identical one or one with the same characteristics.
CLOTHING WARRANTY (GIRDLES, WAISTBANDS)
Returns or exchanges will be accepted for: girdles, waistbands, only in the case of an incorrect product, non-original product, or if there is a manufacturing error. For home textile-related products, the warranty will apply if the product has issues with seams, zippers, natural discoloration (without exposure to detergents). It does not apply if care or washing instructions printed on the label and/or tag of the product are not followed.
If it is a return for a change of color, model, or incorrect size, a return will only be processed if the product meets the following conditions:
The product must not be damaged or deteriorated due to actions by the USER. The product must have original tags, sales invoice, accessories, and packaging (including manuals, usage guides, warranty certificates, etc.).
The product must not show signs of use, dirt, or wear.
MEDICAL SUPPLIES AND SURGICAL SUPPLIES WARRANTY
Components must not have damage caused by contact with corrosive acids or other chemicals; by alteration, manipulation, or repair by individuals or services other than those of the brand, as well as the consequences of normal wear and aging of the product.
It is important that the Customer have the invoice, import manifest, and warranty certificate on hand.
The warranty for medical and surgical supplies does not apply when:
The equipment shows signs of mistreatment, damage caused by natural disasters, or use other than indicated in the handling instructions.
The product has been opened or tampered with by unauthorized personnel not affiliated with the brand.
Damage caused by the adaptation and installation of non-genuine accessories or parts not authorized by the brand.
Damage caused by animals.
Damage caused by neglect of the product or external factors (oxidation, discoloration, scratches, excessive dust, furniture or exterior cabinet breakage). The product does not have a valid serial number or if it has been altered. Warranty seals are broken.
REFUNDS
Money refunds for withdrawal processes, warranties, or order cancellations will be made through a coupon, which can be viewed in the “My Coupons” section of the USER’s account on the Site. If the USER does not want the coupon, they can contact the COMPANY to request a refund through the same payment method initially used.
The COMPANY will only process the refund to the account holder on the Site once the refund has been approved.
Types of refunds:
Coupon: The coupon can be used for any product on https://tdtoystore.com/ for as many purchases as the balance allows. The coupon will be sent within one (01) business day once the order is cancelled or the product return or warranty is accepted.
Bank deposit: To receive the money in the bank account, the account holder must provide the following information: the bank entity, account number, account type, full name of the account holder, and their identification number. The refund may take up to four (04) business days.
Credit card reversal: Refunds made through this method may be partial or total, depending on the case. The COMPANY will request the reversal on the payment platform for it to notify the cardholder’s bank about the money reversal. From the confirmation of the request, the bank entity will have a maximum period of thirty (30) business days for national cards and up to one hundred twenty (120) business days for international cards to process the reversal. The USER must adhere to the application process duration terms stipulated by their bank. In case the account holder used a credit card from a different person, the only enabled refund method will be a reversal to the used card.
INTELLECTUAL PROPERTY
All content included or made available to the USER on the Site, including texts, graphics, logos, icons, images, audio files, digital downloads, and any other information (the “Content”), is owned by the COMPANY or has been licensed to it by supplier companies. The compilation of the content is the exclusive property of the COMPANY, and therefore, the USER must refrain from extracting and/or reusing parts of the Content without the prior and express consent of the COMPANY.
In addition to the Content, the trademarks, whether denominative or figurative, service marks, industrial designs, and any other element of intellectual property that is part of the Content (the “Intellectual Property”), are owned by the COMPANY or the supplier companies and, for this reason, cannot be used by USERS in connection with any product or service that is not those marketed or offered by the COMPANY or in a way that causes confusion with its customers or discredits the COMPANY or the supplier companies.
THIRD PARTY INTELLECTUAL PROPERTY
The COMPANY is a law-abiding company and does not intend to take advantage of
the reputation of third parties by appropriating their legally protected intellectual property. Therefore, the COMPANY has tools in place to ensure that the products acquired through the Site are original and have legally entered the country. Taking this into account, if you suspect that any product found on our page infringes the intellectual property rights of third parties or infringes rights legally protected by you, please contact us to immediately remove such products from the Site and initiate all actions to prevent this from happening again.
COMPANY’S RESPONSIBILITY
The COMPANY will do its best within its capabilities to ensure uninterrupted and error-free Site transmission. However, given the nature of the Internet, such conditions cannot be guaranteed. Similarly, the USER’s access to the account may be occasionally restricted or suspended in order to carry out repairs, maintenance, or introduce new Services. The COMPANY will not be liable for losses (i) that have not been caused by a breach of its obligations; (ii) loss of profits or loss of business opportunities; (iii) any indirect damage.
LEGAL TERMS
This Agreement shall be governed and interpreted in accordance with the laws of Colombia, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions is declared illegal, void, or for any reason unenforceable, it shall be interpreted within the framework of the same and in any case shall not affect the validity and applicability of the remaining provisions.
NOTIFICATIONS
Any comments, concerns, or claims regarding the above Terms and Conditions, Privacy Policy, or the execution of any of these, must be notified in writing to the COMPANY at the following address: johana@alfredohoyos.com.