**GENERAL TERMS AND CONDITIONS OF CONTRACTS ENTERED THROUGH THE USE OF THE “MOXEFOODS” STORE SITE**

1. OBJECT:

This website operates under Colombian law and is owned by MOXE SAS, a duly incorporated commercial entity identified with NIT 901648874-0 registered in the Mercantile Registry of the Chamber of Commerce of Bogotá, controlled and operated at www.moxefoods.com. It offers visitors the purchase of fine and aromatic chocolates produced in Colombia.

By accessing and/or using the website www.moxefoods.com, you acknowledge that you have read, understood, and agreed to be bound by these TERMS AND CONDITIONS OF USE, which establish the rules governing your use of the website.

2. USER:

By using the website and/or providing personal information, you become a USER, implying full and unconditional acceptance of all the conditions included in this text and in the Privacy Policy of MOXEFOODS.

Each time the USER uses the website www.moxefoods.com, they must carefully read this document, considering that these TERMS AND CONDITIONS OF USE may be adjusted, supplemented, replaced, updated, and modified subsequently, considering service needs and applicable Colombian legislation.

Only the USER expressly authorized by MOXEFOODS may access and use the website. Users without authorization may not access such content.

3. PRIVACY POLICY:

I. Security

MOXEFOODS will take reasonable logical, administrative, and physical measures to protect personal information obtained through the website from unauthorized access and to prevent forgery, consultation, loss, or unauthorized or fraudulent use by third parties.

However, MOXEFOODS is not responsible for unauthorized third-party access to the website and their access to USER personal information, breaching internet security measures. In such cases, it will manage the security incident in accordance with applicable law guidelines.

MOXEFOODS reserves the right to suspend, or in special cases, deny access to the website to any USER who has ignored the application of these TERMS AND CONDITIONS OF USE, without any prior notice.

II. Personal Data Processing

By registering and logging into the site www.moxefoods.com, through “login” by the USER, MOXEFOODS is explicitly authorized to use and process the personal data provided by them. This data will be automatically incorporated into the MOXEFOODS database and will allow sending commercial information and advertising about products and services to USERS, scheduling and sending promotions and discounts, as well as any other purpose that allows the development and maintenance of the commercial relationship.

To make a purchase, the USER must first complete the form requesting personal data such as: full name, identification number (for electronic invoice), email address, mobile phone number, delivery city and address, and physical shipping address (complete with postal code, where applicable). The credit card will only be requested at the time of purchase and will be requested by the respective payment gateway, and under no circumstances will the company retain this information. After registration, the USER can log in using their email address; this data will be automatically incorporated into the electronic records and database of MOXEFOODS, which is responsible for maintaining the confidentiality of the information provided by the USER. However, MOXEFOODS is not responsible for any consequences regarding illegal, improper, or fraudulent access to our databases.

In addition and independently of whether purchases are made or not, the USER may register on the website www.moxefoods.com to access our newsletter, where they will receive information about products, services, and promotions of interest. To do this, they must agree to receive electronic communications from MOXEFOODS and provide their personal data: names, surnames, email address, and assign a password.

According to Article 8 of Law 1581 of 2012, the natural person whose personal data is subject to processing will have the following rights:

– Know, update, and rectify their personal data against those responsible for the treatment or processors. This right may be exercised, among others, against partial, inaccurate, incomplete, fractional, misleading data, or those whose treatment is expressly prohibited or has not been authorized.
– Request proof of the authorization granted to the data controller, except when expressly exempted as a requirement for treatment, in accordance with the provisions of Article 10 of Law 1581 of 2012.
– Be informed by the data controller or the processor, upon request, regarding the use given to their personal data.
– File complaints with the Superintendence of Industry and Commerce for breaches of this law and other rules that modify, add to, or complement it.
– Revoke the authorization and/or request the deletion of the data when the treatment does not respect the principles, rights, and constitutional and legal guarantees. The revocation and/or deletion will proceed when the Superintendence of Industry and Commerce has determined that the responsible party or processor has engaged in conduct contrary to this law and the Constitution.
– Access their personal data that have been subject to processing free of charge.

The USER’s authorization will not be necessary when:

– Information requested by a public or administrative entity in the exercise of its legal functions or by court order.
– Public nature data.
– Cases of medical or health emergency.
– Information processing authorized by law for historical, statistical, or scientific purposes.
– Data related to the Civil Registry of Persons.

Therefore, by accepting these TERMS AND CONDITIONS OF USE, the USER authorizes MOXEFOODS to disclose their personal information to competent authorities in compliance with the law and to retain such information for the purposes established, being able to keep it until the purpose for which their personal data were requested is fulfilled.

Likewise, the USER will have the right at any time to withdraw their personal information in the future. In such a case, they may contact MOXEFOODS at mobile 3175563755 or email infocol@moxefoods.com to receive the technical support that will allow them to take this action or manage complaints, requests, and claims or to exercise their rights. MOXEFOODS will respond to the duly registered USER or, failing that, to their legal representative who makes the request within the terms established by Law 1581 of 2012. This request must contain all necessary data, guaranteeing a timely and effective response. MOXEFOODS will have the right to verify the identity of the person making the complaint, request, or claim. Regardless of the mechanism used for their submission, they will be addressed within a maximum period of ten (10) business days from the date of receipt. If for any reason it is not possible to respond to the query within that period, the USER will be informed before its expiration, stating the reasons for the delay and indicating the date on which the query will be processed and addressed, which may not exceed five (5) business days following the expiration of the first term.

III. Payment Data Processing

Among the alternatives contemplated in ecommerce for the payment of selected products, MOXEFOODS makes available to the USER a link that communicates with the websites of the third parties WOMPI and ePayco, from which the USER will make the transaction. These websites are not controlled by MOXEFOODS; therefore, the handling of personal information will be the exclusive responsibility of WOMPI and ePayco. USERS must accept the Terms and Conditions of Use of the payment gateway before making their transactions.

Payment is made online with a credit or debit card, or in person only for sales made in cash or through a POS terminal, where the messenger is obliged to collect the money for the order and deliver it to the store staff.

MOXEFOODS will not be responsible for failures in communications from banking or credit entities, nor for damages caused to the USER due to action or omission by said entities. However, it may perform verifications deemed appropriate and make the respective requests to banking entities if clarification regarding payments made by USERS is required.

IV. PARTICULAR CONDITIONS OF USE:

When using the website www.moxefoods.com, the USER must comply with the following particular conditions, and MOXEFOODS will not be responsible for their compliance, and the USER will keep it harmless:

– The USER is not permitted to use the MOXEFOODS website for illicit or harmful purposes that may cause harm to third parties or prevent the normal operation of the page. Nor can they perform actions that cause damage to the site or through it, generating errors, interruptions, or suspension in its normal operation, or actions that may threaten the information contained therein.

– By entering the website and accepting these TERMS AND CONDITIONS OF USE, the USER agrees to the prohibition of using it to deploy, send, distribute, or transmit any harmful or potentially harmful computer viruses or programs intended to damage the operation, access, use, or content of this page, or to prevent or limit its access and use by other USERS.

– Likewise, the USER agrees to the prohibition of including, publishing, displaying, uploading, or distributing any inappropriate, immoral, illegal, obscene, blasphemous, defamatory, abusive, threatening, vulgar, racist, sexist, scandalous, provocative, pornographic, irreverent, and offensive material to MOXEFOODS or third parties or any other USER, or that violates fundamental rights and freedoms, or constitutes a crime or criminal conduct under current laws.

– The USER is solely responsible for their conduct and the use or inclusion on the MOXEFOODS website of texts, photos, videos, or any type of information.

– The USER is obliged to comply with these TERMS AND CONDITIONS OF USE of MOXEFOODS, as well as any other condition established on the website www.moxefoods.com.

– The USER is obliged to exercise due caution and diligence when accessing, using, and consulting