Updated: 11.01.2023
Welcome to the website https://ashleycolombia.com . These Terms of Use apply to this website and its mobile application (collectively, the "Site"). As used in these Terms of Use, "we" refers to Clover4 SAS. We may provide different or additional terms of use specific to certain subdomains of the Site, programs, or activities.
We make the Site and the products and services we offer available to you subject to these Terms of Use. By using the Site, you agree to these Terms of Use and any modifications we may make to them from time to time. You can review the most current version of these Terms of Use at any time by clicking the Terms of Use link in the footer of any page on the Site.
Please read these Terms of Use carefully and completely. They describe our rights with respect to the Site and your rights and obligations regarding your use of the Site. Do not use the Site if you do not wish to accept these Terms of Use.
We may change the Site and the products and services we offer on it.
We may make changes to the Site and the products and services we offer from time to time. We have the right, but not the obligation, to take any of the following actions in our sole discretion without prior notice to you:
change or cancel all or part of the products and services we offer on the Site;
restrict or terminate your access to all or part of the Site or the products and services we offer on it;
remove any content from the Site and do not post or remove any material you submit to the Site; or change these Terms of Use.
We have the right to determine who may use the Site.
You must be 13 years of age or older to use the Site. If you are not at least 13 years of age, do not use the Site. In addition, we reserve the right to deny access to or use of the Site and the products and services we offer on it to anyone at any time in our sole and absolute discretion.
You have a limited right to use the Site.
Provided that you comply with all of your obligations under these Terms of Use, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license and right to access the Site through a generally available web browser or mobile device to view the content and information and to otherwise use the Site in accordance with its functionality and in accordance with these Terms of Use. Any other use of the Site is strictly prohibited and a violation of these Terms of Use. All content included on the Site, such as text, graphics, logos, images, video, data and other material (collectively "Content") is owned or licensed by us and is protected by copyright, trademark, patent or other proprietary rights. The compilation, arrangement and assembly of all Content on the Site is the exclusive property of Clover4 SAS and is protected by copyright laws. We expressly reserve all intellectual property rights in all Content.
The Site may not be used for any improper purposes.
Whether on your own behalf or on behalf of a third party, YOU MAY NOT:
- Make any commercial use of the Site or its Content
- Use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots or intelligent agents) to navigate or search the Site other than the search engine and search agents available from the Site or generally publicly available browsers;
- Frame, mirror, or utilize framing techniques on any portion of the Site without our express prior written consent; make any use of data mining, scraping, extraction, or other data gathering tools, or create a database by systematically downloading or storing the content of the Site, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except in accordance with the limited license granted by these Terms of Use;
- Use any meta tags or any other hidden text utilizing any name or trademark used or displayed on the Site;
- Misrepresent a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- Conduct fraudulent activities on the Site;
- violate or attempt to violate the security of the Site, including, but not limited to:
- (i) Access data not intended for you or log into a server or account that you are not authorized to access
- (ii) Attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing";
- (iii) Forge any header or part of the header information in any email or posting;
- (iv) falsify communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user);
- use the Site to defame, abuse, harass, stalk, threaten or violate the legal rights of others;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Site; or
- Remove any copyright, trademark, or other proprietary rights notices from the Site or materials originating from the Site.
Your account is your responsibility.
If you register on the Site and set up an account and password, you are responsible for everything that happens through your account. You agree to keep your password secure and confidential, not to allow others to use your account, and not to use the accounts of others. You must notify us immediately of any unauthorized use of your password or account or any breach of security. If you become aware that your account has been compromised, you must change your password immediately.
You agree that we may provide you with notices through the Site or by email.
We may notify you of important information about the Site and the products and services we offer on it by posting notices on the Site, by sending an email to the email address associated with your account, or by other means. Please review your account information to control and limit the types of messages you receive from us.
Our data collection and privacy practices are described in our Privacy Policy.
You should read our Privacy Policy carefully before using the Site, as it is incorporated into these Terms of Use by reference and governs our treatment of any information, including personally identifiable information, that you submit to us.
Terms and conditions of purchase
When you place an order to purchase products and services through the Site, you agree to follow and be bound by these Terms and Conditions of Purchase.
We may refuse or cancel orders.
While we will do our best to fulfill all orders, we cannot guarantee the availability of any particular product listed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without prior notice.
Receipt of an order number or email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell. We reserve the right, without prior notice, to limit the order quantity on any item and/or refuse service to any customer. We may request verification of information before accepting an order.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
We may change the information, including prices, for products and services listed on the Site.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice (including after you have submitted your order). We will correct any errors we discover and reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (even after an order has been submitted). Local store prices and products may vary by location. Prices for products offered on the Site may vary from other advertised prices.
The prices displayed on the Site do not include shipping charges or sales taxes, if applicable, which will be added to the total invoice price. You are responsible for paying any shipping and handling charges and taxes that may apply to your order.
Unless otherwise indicated, all discounts or savings displayed for products on the Site are calculated based on our total retail price for the product or a comparative price estimate that may or may not represent the price in effect in each area on a particular day. For certain items offered as a set, the discounts or savings displayed may represent our total retail price for each item included in the set or based on a comparative price estimate for the set or each item that may or may not represent the price in effect in each area on a particular day.
We cannot confirm an item's price until you place your order. Despite our best efforts, a small number of the items listed on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Why we ask for your postal code
To determine the availability and price of local products, we need your zip code. The zip code associates your request with a specific location/region. Your privacy is of utmost importance to us, so no personally identifiable information is captured when using this feature.
Shipping and Delivery; Cancellation; Return Policy
Risk of loss passes to you upon our delivery to the carrier.
All items purchased on the Site are manufactured pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
We disclaim any legal liability for the products and services offered on the Site.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS AND SERVICES ON THE SITE. Please read the disclaimers and limitations of liability included in our Terms of Use for more information. Products on the Site may benefit from a manufacturer's warranty provided by the product manufacturer. Please refer to your product packaging and documentation for details.
You are responsible for what you send.
We welcome your reviews, comments, and other communications, photos, videos, or any other content that you submit through the Site or to the Site ("User Content"), provided that the User Content submitted by you complies with these Terms of Use.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any third party rights, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain or provide links to obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam," or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content that you submit, and we assume no responsibility and assume no liability for any User Content that you submit. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion:
(i) monitor User Content;
(ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or
(iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant us a non-exclusive, sublicensable, fully paid-up, perpetual, irrevocable, royalty-free, and transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, and distribute such User Content and to incorporate the User Content into any form, media, or technology, now known or hereafter developed, throughout the world, all without compensation to you. In addition, you grant us the right to include the name submitted in conjunction with any User Content submitted by you. We are not responsible for the use or disclosure of any personal information you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary to grant the licenses granted in this section. In addition, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials with respect to the User Content that you may have under any applicable law under any legal theory.
Content is also provided by third-party visitors to the Site. Please be aware that visitors to the Site may post content that is inaccurate, misleading, or deceptive. We do not endorse and are not responsible for any opinions, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. Opinions expressed by third parties reflect solely the views of the individuals who submitted them and may not reflect our views.
Special offers may be for a limited time.
We will occasionally offer our customers special promotions, which we refer to as "special offers" or "special deals." This may include a gift with purchase, free shipping, manufacturer offers, or other promotional activities associated with the purchase of a product. These offers may be for a limited time only.
Promotions may have separate rules.
All sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") available through the Site may be governed by rules separate from these Terms of Use. If you participate in a Promotion, please review the applicable rules, as well as our Privacy Policy. If a Promotion's rules conflict with these Terms of Use, the Promotion's rules will apply.
We disclaim any legal responsibility for the operation of the Site and the products and services offered on it.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE WILL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE'S CONTENT, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, OR ANY OTHER HARM YOU MAY INCUR IN CONNECTION WITH THE SITE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
IN ADDITION (AND WITHOUT LIMITING THE LIMITATIONS IN THE IMMEDIATELY PRECEDING PARAGRAPH), WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE PRODUCTS ON THE SITE FOR ANY PURPOSE. WE PROVIDE ALL SUCH PRODUCTS "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PRODUCTS ON THIS SITE MAY BENEFIT FROM THE MANUFACTURER'S WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER. PLEASE SEE YOUR PRODUCT'S CARTON AND LITERATURE FOR DETAILS.
We limit our liability to you.
UNDER NO CIRCUMSTANCES SHALL Clover4 SAS, ITS AFFILIATES, OR OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. THIS IS A COMPLETE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, OR PROFITS), WHETHER IN CONTRACT, TORT, OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE BARGAIN BETWEEN YOU AND US.
THIS ASSIGNMENT IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We are not responsible for third-party websites.
The Site may contain links and interactive features that interact with third-party websites, including social media sites. We do not endorse, and are not responsible or liable for, the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
These general terms apply to these Terms of Use.
You are responsible for all charges and necessary permissions related to accessing the Site through your mobile access provider.
If any provision of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, the unenforceable provision will be modified to make these Terms of Use enforceable and effective to the greatest extent possible so as to effectuate the intent of the provision; If a court determines that the modified provision is invalid, illegal, void, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms of Use will not in any way be affected.
You agree that these Terms of Use constitute the entire, complete, and exclusive agreement between you and us with respect to the Site and the services offered hereon and supersede all prior agreements and understandings, whether written or oral, or established by custom, practice, policy, or precedent, with respect to the subject matter of these Terms of Use.
Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
If you have questions or comments about these Terms of Use, please contact us. We also accept service of process at this address. Any notice you provide without complying with this paragraph will have no legal effect.