This document contains legal information that we recommend you read in full in conjunction with the Privacy Policy. By approving these Terms and Conditions, it is understood that the User has read and accepted them, in all their parts, and understands that they are legally binding and obligatory. Therefore, you accept the conditions of use and use of the Platform, Content and Services. Otherwise, the User must refrain from accessing the Platform and Services, either directly or indirectly, and from using any information or service provided by it.
Welcome to the electronic commerce site www.bycsa.co hereinafter (“The Site”) constituted under Colombian law, whose main activity is to allow the display and marketing of products and services for online acquisition by consumers located in the Republic de Colombia, hereinafter (“the Clients” or “the Users”).
By entering the Site, the User acknowledges having read and understood the Terms and Conditions of Use, hereinafter (“Terms and Conditions”), and therefore assumes the obligation to respect its content, privacy policy, legal notices and all clauses of disclaimer contained therein.
These Terms and Conditions are subject to change without prior notice, at any time, and from the date of modification of these Terms and Conditions, all operations carried out between www.bycsa.co and the User will be governed by the document modified.
1. Site User Registration
By creating a Profile and/or using the Services and Platform in any way, the User accepts all the Terms of Use contained herein and the Privacy Policy. Likewise, it is understood that you accept all other operating rules, policies and procedures that may be captured through the www.bysca.co Platform, each of which is incorporated by reference.
Notwithstanding the foregoing, some services offered on the Platform may be subject to additional terms and conditions. In this case, the use that the User makes of said services will also be subject to the aforementioned additional terms and conditions, which are incorporated into these Terms of Use by means of this reference. In the event that the User does not accept them, they must refrain from using said services and/or Platform in any way.
The User is responsible for maintaining the confidentiality of any password or account number provided by the User or through www.bysca.co to access the Platform to his Profile. Each User is solely and absolutely responsible for all activities that occur under their password, account or Profile. BYSCA has no control over the use of a User's account and expressly waives any liability derived from it. In the event that a User suspects that a third party may be accessing the platform under their User account or using their password, they will notify BYSCA immediately.
If you provide your cell phone number, for that fact you expressly give your consent so that through www.bysca.co you can use it for calls, order information, sending text messages and WhatsApp notifications for the purpose of to offer the services, the Privacy Policies apply. If you provide your email, for that fact you expressly give your consent for BYSCA through www.bysca.co to use it to send emails with information on orders and messages in order to offer services or benefits available, the Privacy Policies apply. You can opt out of receiving text messages, WhatsApp notifications and/or emails from, by sending an email to mercadeo@bycsa.co
The following personal information will be collected in the registration process on the Site:
1) Contact information, including name, identification number, date of birth, mailing address, telephone number, and email.
2) When making the payment, the credit card number and billing and/or shipping information may be requested.
3) Identification number of the addressee if it is a person other than the User.
4) Information related to personal interests and product preferences.
2. User Capacity
The services of www.bysca.co are available only to those people who have the legal capacity to contract according to the provisions of current Colombian legislation. If the User lacks said legal capacity, they will not be able to carry out transactions on the Site.
3. User Responsibility
The User undertakes to promptly notify the corresponding entity of the financial or cooperative sector, the loss or theft of his credit card and other instruments provided by them to carry out transactions, such as debit cards, personal passwords, etc., with the so that such instruments are disabled.
The User is prohibited from transmitting or sending from this Site any illegal, threatening, slanderous, defamatory, obscene, scandalous, pornographic and/or any other material that could give rise to any civil or criminal liability under the terms of the Law. Likewise, the User agrees not to use any device, software, among others, to obstruct the proper functioning of the Site and its contents and the activities carried out on it.
4. Terms of Payment
The price to be paid for each item purchased will be the current price on the Site at the time the order is placed.
Before acceptance by www.bysca.co of any purchase offer, the Client must choose the terms and conditions of payment according to the means of payment that are established on the Website. secure connection to carry out the transactions carried out on the Site. However, in no case will it be responsible for the failures that appear in the communications of the banking or credit entities, nor for the damages caused to the Client due to an action or omission on the part of said entities.
Once the Site verifies the payment, you can proceed to accept the purchase offer. In any case, despite having verified the payment, www.bysca.com may deny the acceptance of a purchase offer or accept it partially, in which case it will only be obliged to return to the Client, without any type of interest or return, the value canceled for the unaccepted purchase offer or the percentage corresponding to the unapproved part of a partially accepted purchase offer.
5. Information for payments
Among the alternatives that are contemplated on the Site for the payment of the selected products, www.bysca.co makes available to Users a link that communicates with the respective payment gateways authorized by the Site. In such events, the handling of personal information will be the sole responsibility of the payment gateway. Users must accept the Terms and Conditions of Use of the payment gateway before carrying out their transactions.
6. Improvement and transfer of ownership
The perfection of the contract is presented when www.bysca.co accepts the purchase offer presented by the Client. www.bysca.com may partially accept purchase offers, in which case the contract will be perfected only for the products and/or services accepted by the Site.
In cash-on-delivery events, ownership of the products and/or services will be transferred to the customer from the moment they are canceled by the customer at the place of delivery indicated by the customer.
In the event that the price of the products and/or services that are the subject of a purchase offer is not paid, it will be understood that there is a breach of the contract, which is causal to terminate it by www.bysca.co assuming the Client the value of the return of said products and/or services to the respective deposit, as well as the amount of damages derived from said breach.
7. Shipping charges and taxes
The Client will be responsible for the shipping, handling and insurance charges of the products and/or services that he acquires on the Site, as well as the sales tax, value added taxes and other taxes that are caused by each accepted purchase offer. . All taxes caused by the purchase will be settled from the moment the Client makes his purchase offer on the Site, and therefore he will be able to know the exact value that he must pay in favor of www.bysca.com which will include all the concepts mentioned.
8. Delivery of products
www.bysca.com undertakes to make deliveries exclusively within Colombian territory, in the areas and places to which it has access in accordance with its network and therefore may refuse to accept a purchase offer when the address registered by the Customer to make the delivery, is not within the geographical areas authorized by www.bysca.com for this purpose.
The products purchased by the Client will be delivered to the address that the client states when making his purchase offer, within a period that can be between two (2) and eight (8) business days depending on the destination, counted from the date on which the Site accepts the corresponding purchase offer, and as long as the terms and conditions of payment have been determined in advance and there are no causes beyond the control of www.bysca.co that could delay delivery, such as any event of fortuitous event or force majeure.
It is understood that any person who is at the address where the delivery is to be made will be duly authorized by the Customer to receive their order. Consequently, www.bysca.co is exonerated from any responsibility for the delivery that is made, provided that it is made at the address registered on the Site by the Client.
If the order is not received at the indicated address after three (3) visits by the carrier, www.bysca.com will proceed with the return of the products. In this case, the Client will be obliged to contact the Site within a maximum term of three (3) business days to proceed with its forwarding, in which case the shipping and insurance costs generated will be borne by the Client. and until they are paid, www.bysca.co will not be obliged to make the dispatch again.
If the Client does not proceed to request the reshipment within the indicated term, or does not make the payment of the additional value for the reshipment, www.bysca.com may withdraw from the business, and will only be obliged to refund the amount paid for the products and/or or services, discounting the value of the expenses incurred for transportation.
9. Returns and exchanges
In accordance with the provisions of the Colombian Consumer Statute, www.bysca.co will proceed to accept changes and returns of purchased products that are defective and/or whose quality deficiency is not suitable for the use for which it is intended, according to the parameters of the guarantees granted by the respective producer.
www.bysca.co will have to give a response within fifteen (15) business days, which will be counted from the moment the Client sends the product for review by the Company's quality area, who will consider whether the change is approved. Products that are found to have been tampered with in their formula, content, packaging or labeling by the Customer, to be subsequently claimed for warranty fraudulently, are outside the granting of said guarantee.
In the event that the guarantee concept is favorable, the shipping costs to the Customer's address will be assumed by the USER
For any concern, the client can consult our Guarantees, Changes and Returns policy.
10. BYSCA Change Policies
Changes and Returns for products
In the event that the client wishes to make a change, they have up to fifteen (15) calendar days from the purchase to make the request, which can be processed by email mercadeo@bycsa.co, landline 604 00 22 or to the WhatsApp line 355 175 05 14 at the customer's discretion.
In the change request, the client must indicate:
Full name.
Identification number.
Invoice number.
Email
Contact number
Address of your place of residence or of a place where the product can be picked up.
Additionally, and for information, we would like to have a brief explanation of the reason why you want to change the product.
The change can be made for other products from the portfolio of brands that are marketed on the www.bysca.co page, if the value of the product to be changed is greater than the credit note that will be issued for the value of the product by the customer. The consumer will be able to pay the excess within the same payment gateway of the page, if, on the contrary, the value is less than the product that they are going to buy, they must take into account that there will be no refund of the excess price.
The credit note resulting from the change request will be granted only for the value of the purchase of the product, if a discount coupon was used for payment, the value of the invoice will be recognized with the discount, the credit note can only be used by the initial consumer customer.
It is essential that the product to be exchanged has not been used, is in its original packaging, the labels have not been removed, is in perfect condition and has not undergone modifications of any nature, it is important that the customer knows that the Product goes through a quality control and if it is not accepted, it will be returned to the sender without prior notice, expressly stating this fact in case of any claim.
10. Right of withdrawal
In accordance with the Consumer Statute, the Client may exercise the right of withdrawal of the product purchased within (5) five business days after receiving the product, as long as its nature and the condition of the good and its packaging allow it. same in which you received it. The reversals will be made for the value of the product paid by the Client in the respective transaction. In no case BYSCA through wwww.bysca.co will make partial reversals of the value of a product. The term of time to exercise the withdrawal is peremptory, this in order to have a margin of reaction at the logistical level that does not mean a loss for the User or for BYSCA.
BYSCA through www.bysca.co may also exercise its right of withdrawal and therefore reserves the right to cancel orders and/or cancel benefits that it considers suspected of breaching any of the terms of this document and is not under the obligation to notify the user in advance.
11. Indemnity and Warranties
The User undertakes to defend, indemnify and hold harmless BYSCA, its officers, directors, employees, agents and affiliates, from and against any loss, claims, actions, costs, damages, sanctions, fines and expenses, including without limitation fees attorneys, arising out of, related to or resulting from User's unauthorized use of the Platform, or from any breach of these Terms and Conditions, including without limitation, any violation of any law, ordinance, administrative order, rule or regulation . BYSCA will give notice, as soon as possible, of any claim, demand or procedure, and will have the right to assume the defense with respect to any claim, demand or procedure.
In accordance with the regulations in force in the Republic of Colombia, the material contained on the Site, including, without limitation, texts, graphics, links (links), are provided on the basis of "as is", without having any guarantees of of any kind, either express or implied, including, but not limited to, warranties of fitness for a particular purpose that do not contravene or violate the rights of third parties.
BYSCA through www.bysca co warns Users that the information on the Site may contain errors or inaccuracies, may not be complete or updated. Therefore, www.bysca.co reserves the right to correct any error, omission or inaccuracy, change or update it at any time and without prior notice.
12. Disclaimer and limitation of liability
By entering the Site, the User expressly accepts that its use is carried out under their sole responsibility and risk.
Neither www.bysca.co nor its respective employees and associated third parties guarantee that the use of the Site will be uninterrupted or error-free. Under no circumstances will www.bysca.co or its related parties be liable for any direct, indirect, unforeseen, special or consequential damages that are generated, whether due to the use or lack of ability to use the Site, including damages arising from of your confidence in the information obtained on the Site that causes errors, omissions, interruptions, deletion or corruption of files, viruses, delays in the operation or transmission, or any other type of error in its operation.
Without prejudice to what is determined in the mandatory regulations of the applicable Colombian legislation, www.bysca.co does not assume any responsibility or responsibility derived from any damage or harm, including, but not limited to, the loss of information or profits, existence of viruses , results of the use or inability to use the material on this site, lost business opportunities, or any other damages, even if the User has been advised of the possibility of such damages, or for any claim of third parties, except as expressly here it is stipulated.
The User accepts that BYSCA is not responsible for any direct or indirect damage, lost profits, consequential damage, incidental, special or consequential damage, originating from or in relation to (i) the use of the Platform; (ii) the responsibility of any company that provides logistics services that does not provide its services under the subordination and dependence of BYSCA; or (iii) in connection with the performance or navigation on the Platform or its links to other websites, even if BYSCA has been informed of the possibility of such damages.
The User acknowledges and accepts that the logistics companies that deliver the products are providers of a service contracted under a commercial contract with BYSCA; The relationship between BYSCA and the User corresponds to guaranteeing through the technological and service means it has, providing the User with a catalog of Products offered for the respective purchase and their transfer to the destination indicated by the User. BYSCA does not have its own logistics company linked to its company name; In this sense, the outsourcing of a transport service for the products requested by the User is configured.
In addition, the User accepts that BYSCA is not responsible for damages derived from the interruption, suspension or termination of the Services, including without limitation direct or indirect damage, lost profits, consequential damage, incidental, special or consequential damage, even when said interruption, suspension or termination whether or not justified. In no event shall BYSCA's total liability to the User for any kind of loss exceed the amounts paid by the User to BYSCA.
13. Intellectual Property Rights
All computer, graphic, advertising, photographic, multimedia, audiovisual and/or design material, as well as all content, text and databases (hereinafter "the Content"), made available to Users on the Site They are the exclusive property of BYSCA S.A or third parties that have authorized their use and/or exploitation
Likewise, the use of some content owned by third parties is expressly authorized by Law and is protected by the rules on copyright, trademarks and by all applicable national and international regulations.
Any act of copying, reproduction, modification, creation of derivative works, sale or distribution, display of the Contents, in any way or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, is prohibited. or otherwise, without the prior written permission of BYSCA or the copyright holder.
In no case do these Terms and Conditions confer rights, licenses and/or authorizations to carry out the acts described above. Any unauthorized use of the contents will constitute a violation of these terms and conditions and the current regulations on trademarks, copyrights and/or other applicable national and international intellectual property regulations and will give rise to the corresponding civil and criminal actions.
14. Computer Security (Cookies)
Cookies are small data files that websites such as www.bysca.co or emails save in your browser and optionally on your hard drive. Cookies allow us to "remember" information about your preferences and session, and allow the User to move within the areas of the Site without re-entering their data.
This makes it possible to create a more personalized and comfortable shopping experience. www.bysca.co uses a third party to install cookies on the User's computer to collect information that is not personal and identifiable.
Although the User can configure his Internet browser so that it does not accept cookies, these are necessary to be able to see, create an account, or make purchases through the website www.bysca.co and its allied company for the collection of wallets www.pagosinteligentes.com.
The Internet browser automatically collects information from the web page that the User consulted before visiting the Site, the browser used and any search terms that the User entered on the Site, among other things. The Site may also use other technologies to track the pages Customers visit to ensure a better and safer shopping experience and to help us understand how visitors use the Site, without violating data protection regulations (Habeas Data).
15. Consultations
Any questions related to the use of the Contents, cookies or the establishment of links to the URL www.bysca.co may be addressed through the email mercadeo@bycsa.com.co, to the landline 604 00 22 or through the WhatsApp line 355 175 05 14.
16. Applicable law and jurisdiction
These Terms and Conditions will be governed by the laws of the Republic of Colombia. The Terms of Use and the Privacy Policy constitute the entire agreement between the User and BYSCA with respect to the Services, use of the Platform and the Content, and supersede all prior or contemporaneous communications and proposals (whether written, oral or electronic). ) between the User and BYSCA with respect to the Platform and the Services.
If any provision of these Terms and Conditions is declared illegal, or presents a gap, or for any reason is inapplicable, it must be interpreted within the framework of Colombian legislation and in any case will not affect the validity and applicability of the provisions. remaining.
17. Notificacions
BYSCA S.A. Through www.bysca.co it is possible to inform that if the User has any questions regarding the Terms and Conditions, Privacy Policy, use of the Platform or their Profile, they can contact BYSCA by writing to the email address through the email mercadeo@bycsa.co, to the landline 57-1 2985311 or through the WhatsApp line 3202111642. Messages will be definitively resolved within five (5) days as established by current legislation and by BYSCA's internal policies for PQR care.
18. Impediment of use
BYSCA S.A. may, at its sole discretion, cancel the www.bysca.co account or prevent the use of the portal and its derived brands at any time. You as a consumer Customer are personally responsible for any order you make or charges you incur before your use of the portal is terminated.
BYSCA S.A. reserves the right to change, suspend or discontinue all and any element of the www.bysca.co portal at any time and without prior notice.
The termination of the Services and/or the closure of the User's account, for any reason, will not generate compensation or indemnity in their favor by BYSCA.
19. Liability for use
By entering this portal, the User undertakes to provide correct and true personal information, as well as to update their data whenever required. In the same way, the user undertakes to promptly notify their corresponding entities in the financial or cooperative sector, the loss or theft of their credit card or other instruments provided by them to carry out transactions, such as debit cards, personal passwords , etc., in order for such instruments to be disabled by them.
The user is prohibited from posting or transmitting to or from this portal any unlawful, threatening, libelous, defamatory, obscene, scandalous, pornographic or profane material, or any other material that could give rise to any civil or criminal liability in the terms of the law.
You agree not to use any device, software, routine or data to obstruct or attempt to obstruct the proper functioning of the BYSCA S.A. company portal, or any activity carried out on this portal www.bysca.co.
You further agree not to use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including, without limitation, browsers, spiders, robots, digital characters, or intelligent agents), to navigate or search the www portal. .bysca.co other than the search engine or search agents provided by BYSCA S.A. or browsers generally available to the public.
20. Electronic Billing with prior validation from the DIAN
In accordance with Decree 2242 of 2015, where the Electronic Billing process with prior validation is established, the DIAN will validate the data provided by the client and may reject the invoice issued by BYSCA, if it finds inconsistencies in the data provided by the Client is a natural and/or legal person.
In the event of a possible rejection by the DIAN, the promise to deliver the order may be modified, the Customer Service team will be contacted through the contact information provided during the purchase process, in order to validate the information necessary for the correction of the invoice and proceed to dispatch the order. If after forty-eight (48) hours, contact has not been possible and the necessary information has not been updated before the DIAN, the order placed will be automatically canceled and the respective reversal of the money will be made.
21. Reports and Complaints
Users may report to BYSCA any conduct or Content that may violate these Terms of Use, the Privacy Policy or applicable law. For this purpose, the Platform in its Privacy Policy and in these terms will have the appropriate channels to formulate the respective PQR.
Upon receipt of the request, BYSCA, at its sole discretion, will determine if the removal or modification of the Content is appropriate.
22. Modifications
BYSCA may, at its sole and absolute discretion, unilaterally change these Terms and Conditions without prior notice. However, such changes will only apply from the moment they are published on the Platform and will apply to transactions that take place after their entry into force, without altering transactions carried out previously.