Terms and conditions

These Terms and Conditions (hereinafter, the "T&C" or the "Terms and Conditions"), govern the access and use that any natural or legal person, or their representative, makes of www.geomar.cl (hereinafter , the "Platform"), as well as any type of information and content contained therein.

Commercial transactions carried out through the Platform are subject to these Terms and Conditions and Chilean legislation, especially Law No. 19.496, on the Protection of Consumer Rights and the Electronic Commerce Regulation of the Ministry of Economy. , Promotion and Tourism. It is a requirement to buy on the Platform the acceptance of the Terms and Conditions described below.

These Terms and Conditions fully govern and shall be considered an integral part of all acts and contracts entered into through the Platform between and by Users and the Company, as said terms are defined below.

FIRST: Geomar.

Geomar SpA, unique tax role No. 78.383.620-3, represented by Mr. Francisco Javier Donoso Sanhueza, national identity card No. 7.011.723-1, domiciled at Av. Forestal 1108, Parque Industrial Coronel, Chile (hereinafter, the “Company”) is a company dedicated to the commercialization, in Chile and abroad, of different types of sea products (hereinafter, the “Products”).

SECOND: User.

For the purposes of these Terms and Conditions, "User" means any natural or legal person who accesses or uses the Platforms and/or carries out purchase processes for the products offered by the Company through them (hereinafter , the users"). Likewise, Users will be considered natural or legal persons who, by virtue of any onerous legal act, acquire, use, or enjoy, as final recipients, goods or services acquired or contracted through the Platform.

It is stated that the Platforms are aimed at people over 18 years of age who are fully capable and competent to understand and accept these Terms and Conditions.

THIRD: Acceptance of the Terms of Use.

By accepting these Terms and Conditions, the User declares to know the rights and obligations that govern their contractual relationship, and understands that the provisions contained herein are legally binding and obligatory. Likewise, it is understood that you accept all the operating rules, policies and procedures, and the updates that will be published by the Company on the Platform. Notwithstanding the foregoing, the modifications made to these Terms and Conditions and the Privacy Policy will be duly informed to Users through the Platform.  

Any modification or update to this version of the Terms and Conditions will not affect the rights duly acquired by Users under a previous version of the Terms and Conditions, if applicable.

FOURTH: Purchase process through the platform.

To make purchases of Products, the User must enter the Platform and choose the Products that are of interest to them, selecting the "add to cart" button. Once all the Products have been added, the User must go to the “finalize purchase” section.

In this section, the User must choose the form of dispatch, within the possibilities offered. In the event that the User requests home delivery, he must complete the shipping form provided for such purposes on the Platform.

Then, the User will be able to see a summary table of all the Products selected for purchase. It is the User's obligation to review the Products chosen in detail prior to making the purchase. The Company will not be responsible for User selection errors.

Finally, the User may pay for the order with bank cards, through Transbank WebPay Plus or Webpay One Click.

Once the purchase order has been received and accepted by the Company, it will send an email to the User confirming the purchase. Notwithstanding the foregoing, the Company may reject the purchase order in the following cases:

• When there is no available stock of the products that the User wishes to buy, at the time the order is placed.
• Validation problems of the means of payment chosen by the User.
• Validation problems of the Purchase Data provided by the User.

It is stated for the record that the Products acquired through the Platforms will be dispatched by a dispatch service provider, outside the Company, for which the dispatch and delivery time will not depend on the Company. In any case, the delivery times for orders range from 24 to 48 hours in Santiago and from 48 to 96 hours in regions, business days.

The shipping cost and any other charge associated with dispatch services are not included in the value of the product, and will be specified prior to the User's payment.

The Company may, at its sole discretion, create discount promotional codes or credit codes that the User may use when shopping on the Platform (hereinafter, "Promotional Codes"). The User declares to know and accepts that the Promotional Codes must be used in the ways established in this instrument or in the commercial notices or publicity that the Company publishes for such purposes. Promotional Codes may not be duplicated, sold or transferred to third parties or made available to the general public. Notwithstanding the foregoing, the Promotional Codes may be invalidated by the Company at any time and for any reason, without any liability to the Company.

Geomar reserves the right to withhold, eliminate or deduct the credit or other elements or benefits obtained through the use of the Promotional Code for erroneous, fraudulent or illegal use thereof.

FIFTH: Right of withdrawal.

In accordance with the provisions of article 3 bis letter b) of Law No. 19.496, the right of withdrawal will not be applicable, so the consumer or User may not unilaterally terminate the contracts entered into through this Platform. Once the purchase is confirmed by the Company, it will not be possible to cancel or return the order.

The foregoing is without prejudice to the legal guarantee right enshrined in the Consumer Protection Law and referred to in the following sixth clause.

SIXTH: Warranty.

In the event that the occurrence of any of the events established in article 3 bis of Law 19.496 on Consumer Protection is verified, which includes, among others, the following:

• Products subject to mandatory safety or quality standards do not meet the corresponding specifications;
• Materials, parts, pieces, elements, substances or ingredients that constitute or integrate the products do not correspond to the specifications that they hold or to the mentions of the labeling;
• Product, due to deficiencies in manufacturing, processing, materials, parts, pieces, elements, substances, ingredients, structure, quality or sanitary conditions, if applicable, is not entirely suitable for the use or consumption for which it is intended or for which the supplier would have indicated in its advertising; either
• When the supplier and consumer have agreed that the contracted products must meet certain specifications and this does not occur,

The User will have the right to choose, within the 3 months following its receipt, for one of the following alternatives:

• the return of the amount paid after restitution of the product; either
• the replacement or change of the product prior restitution of the same.

To make the guarantee effective, the User must send an email to ecommerce@geomar.cl requesting a refund or product exchange. Once the guarantee has been processed, the User must take the product to The Market store located at Francisco de Aguirre N°3570 Vitacura. 

The guarantee right referred to in this clause will not be applicable to those cases in which the damage or defect of the product is attributable to the misuse or care of the User.

SEVENTH: Use of the Platforms.

The User undertakes to make use of the Platform for lawful purposes. In this sense, the User may only use the Platform as expressly permitted in these Terms and Conditions, and may not:

• Use them for illegal purposes or that harm the rights and interests of third parties.
• Circumvent its technical limitations, or use them in ways that interfere with its operation.
• Reverse engineer, decompile or disassemble the Platform.
• Make copies of the Platform.
• Transmit through the Platform illegal, threatening, offensive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, not even images or language of this nature.
• Infringe the rights of third parties, or transmit messages that constitute, encourage or incite conduct that would constitute a criminal offense or give rise to civil liability.
• Transmit information, documents, software or other material that contains a virus or other harmful component.
• Use any trademark, logo, images, texts, designs, formats or other proprietary information of the Company, without its express written consent.
• Attempt to probe, scan or assess the vulnerability of the Platform, or any associated system or network, or breach security or authentication measures without proper authorization.
• Interfere or attempt to interfere with the Platform.
• Reproduce, copy, translate, modify, adapt, decompile, disassemble, create any derivative work from, translate, enhance, update, add, develop or improve the Company's intellectual property.

The User will be solely responsible for the damages and losses caused to the Company or third parties due to the improper or illegal use of the Platforms.

EIGHTH: Contact.

The User may make inquiries, claims and suggestions by email ecommerce@geomar.cl.

NINETH: Intellectual property.

In the exercise of these Terms and Conditions, and by virtue of the relationship that arises between the Company and its Users, it will be understood that all logos, designs and brands published on the Platform, and in general, all intangible assets and Intellectual property rights contained in the Platform and in the products marketed therein are the property of the Company (hereinafter, the "Intellectual Property").

In this way, the User must not carry out any action that puts or could put the Intellectual Property at risk. Likewise, the User declares that they will not participate directly or indirectly in any procedure disputing the ownership or validity of the Intellectual Property, and that it, or its licensor, as the case may be, is and will be the sole and exclusive owner of trademarks, patents, copyrights, trade secrets, designs, works, programs, computer applications, and in general any industrial and intellectual property rights, both obtained and pending, related to the Products.

TENTH: Data Usage.

The Company undertakes to safeguard the information provided and obtained by Users, and to adopt the means and techniques at its disposal to avoid loss, misuse, alteration, unauthorized access and/or appropriation of these by third parties, in accordance to Geomar's Privacy Policy, which is understood to be incorporated into these Terms and Conditions, for all legal and contractual purposes that may apply.

ELEVENTH: Domicile and Jurisdiction.

These Terms and Conditions will be governed and interpreted in accordance with the laws of the Republic of Chile. For the purposes of these Terms and Conditions, the Parties establish domicile in the commune of Santiago, Republic of Chile, extending jurisdiction to the ordinary courts of justice based in said commune.