TERMS & CONDITIONS

Please read these Terms and Conditions (Terms and Conditions) carefully before using this website and any Opus Magnum content on social media sites (including, without limitation, Instagram, TikTok, Facebook, and Twitter) (collectively: the Site). These Terms and Conditions apply to all visits to and use of the Site, as well as to the Content (as defined below), information, recommendations, products, and/or services offered to you on or through the Site. By accessing and using the Site, you accept these Terms and Conditions in their entirety, in addition to any other law or regulation applicable to the Site and the Internet. If you do not accept these Terms and Conditions in their entirety, please leave the Site.

SITE OPERATOR

The Site is operated by Opus Magnum Colombia (hereinafter Opus Magnum), domiciled in Manizales, at Carrera 16A #70-74, Manizales, Colombia.

SITE CONTENT

All content appearing on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations, and software (hereinafter “the Content”), is the property of Opus Magnum and its affiliates, licensees, and/or content providers. All elements of the Site, including, but not limited to, the general design and Content, are protected by copyright, moral rights, database rights, trademark regulations, and other laws relating to intellectual property rights. Except as expressly permitted in this or any other agreement with Opus Magnum, no part or element of the Site or its Content may be copied or retransmitted by any means. The Site, its Content, and all related rights shall remain the exclusive property of Opus Magnum , its affiliates, or its licensees, unless otherwise expressly agreed. All rights are reserved.

COPYRIGHT AND TRADEMARKS

The copyright of all Content belongs and will continue to belong to Opus Magnum, its affiliates, or its licensees as appropriate. Unless otherwise indicated in specific documents on the Site, you are authorized to view, reproduce, print, and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify materials and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You may not reuse any Content without first obtaining written consent from Opus Magnum. For the purposes of these terms, the use of such Content on any other website or networked computer environment is prohibited. You may not remove any copyright notice, trademark, or other proprietary notice from the Content found on the Site.

If you download software (including, but not limited to, screensavers, mobile applications, icons, videos, and wallpapers) from the Site, Opus Magnum grants you an exclusive, non-transferable, and revocable authorization of the software, including the files, images incorporated into the software or produced by it, and the data accompanying such software (collectively, the Software). Opus Magnum does not transfer ownership of the Software to you. You own the medium on which the Software is recorded, but Opus Magnum retains full ownership of the Software and all intellectual property rights inherent therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

All trademarks, service marks, logos, and trade names appearing on Opus Magnum Group products, product packaging, and/or on the Site, registered or not (including, but not limited to, the “Opus Magnum” word mark, (the “Trademarks”) remain the exclusive property of Opus Magnum, its affiliates, or its licensees (as appropriate) and are protected by applicable trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, mail, transmit, distribute, or modify the Trademarks in any way, including advertisements or publicity pertaining to the distribution of materials on the Site, without prior written consent from Opus Magnum. Use of the Trademarks on any other website or networked computer environment, such as storing or reproducing (a part of) the Site on external Internet sites or creating links, hypertext, or deep links between the Site and any other Internet site, is prohibited without express written consent from Opus Magnum.

DISCLAIMER OF WARRANTIES

The Site and the Content are provided free of charge and “as is” without any warranty. The information on the Site is for general information purposes only and does not constitute advice.

Opus Magnum does not represent or warrant that the information and/or services included on the Site are accurate, complete, or current, nor that the Site or the server that makes the Site available are free of viruses or any other harmful components. Furthermore, Opus Magnum does not provide any specific IT infrastructure or connectivity. Therefore, Opus Magnum does not represent or warrant that the Site will be uninterrupted or error-free. Opus Magnum does not offer warranties or representations regarding the use of the Content on the Site in terms of accuracy, precision, adequacy, usefulness, timeliness, reliability, etc., or otherwise, in each case to the maximum extent permitted by applicable law.

LIMITATION OF LIABILITY

Your use of the Site is at your own risk. Neither Opus Magnum, nor any of its employees, officers, directors, or entities, nor any other party involved in creating, producing, or delivering the Site, will be liable for any direct, indirect, special, consequential, or other damages resulting from the use of the Content on the Site, or the inability to use it, including damages caused by viruses, inaccuracies, incomplete information on the Site, or the performance of products, or any other damage arising out of or in connection with these Terms and Conditions, even if Opus Magnum has been advised of the possibility of such damages.

Please note that some jurisdictions do not allow the exclusion of certain damages under mandatory rules, so the above exclusions and limitations may not apply to you.

THIRD-PARTY LINKS

For your convenience and to improve the use of the Site, links to websites owned and controlled by third parties may be provided from time to time. These links take you outside the service and the Opus Magnum Site and are beyond Opus Magnum’s control. This includes links to our partners who may use Opus Magnum’s Trademarks as part of a co-branding agreement. The sites you may link to have their own independent terms and conditions, as well as their own privacy policy. Opus Magnum is not responsible for and cannot be held liable for the content and activities of these sites. Therefore, your visit or access to these sites is entirely at your own risk.

Please note that these other sites may send their own cookies to users, collect data, or request personal information, and therefore it is advisable to check the terms of use and privacy policies of these other websites before using them.

MISUSE OF THE SITE

It is prohibited to use the Site to send or transmit any user-generated content (as defined below) that infringes or may infringe any third-party intellectual property rights or that is threatening, false, misleading, subversive, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminatory, or illegal, or that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party, or otherwise give rise to civil liability or violate any law. Opus Magnum may deny you access to the Site at any time at its sole discretion, including situations where Opus Magnum believes that your use of the Site violates any of these Terms and Conditions and/or applicable laws.

You are also prohibited from using the Site for advertising or commercial solicitation purposes.

USER-GENERATED CONTENT

All opinions, remarks, comments, graphics, graphics, photographs, links, questions, suggestions, information, videos, and other materials that you or any other user of the Site sends to the Site or transmits using the Site (User-Generated Content) will be considered non-confidential and non-proprietary. Accordingly, Opus Magnum shall have the non-exclusive, royalty-free right to use, copy, distribute, and disclose to third parties any User-Generated Content for any purpose, in any medium, and worldwide (license grant). You acknowledge and accept that Opus Magnum only acts as a passive channel for the distribution of User-Generated Content and assumes no responsibility or liability to you or any third party regarding the content or accuracy of User-Generated Content. Opus Magnum will not continually monitor User-Generated Content posted by you or moderate between users, nor will it have any obligation to do so. Notwithstanding the foregoing, you acknowledge accept that any opinion, remark, comment, suggestion, and other information expressed or included in User-Generated Content does not necessarily represent Opus Magnum’s. Any use of User-Generated Content will be at your own risk. You represent and warrant that any User-Generated Content sent or transmitted by you is your original work, does not copy the work of any third party or otherwise infringe any third party’s intellectual property rights, privacy rights, or personality rights, and does not contain any defamatory or slanderous statements. You also represent and warrant that you have the capacity to grant the license as stipulated in this section. You accept to indemnify and hold harmless Opus Magnum and its affiliates from any costs, expenses, damages, losses, and liabilities incurred or suffered by Opus Magnum or its affiliates related to any User-Generated Content sent or transmitted by you or any other use you make of the Site.

Opus Magnum reserves the right, at its sole discretion, to block or remove (in whole or in part) any User-Generated Content sent or transmitted by you that Opus Magnum deems inconsistent with these Terms and Conditions (including materials that infringe or may infringe third-party intellectual property rights, privacy rights, or personality rights) or that are otherwise unacceptable to Opus Magnum.

You accept to notify Opus Magnum in writing promptly if any User-Generated Content infringes these Terms and Conditions. You accept to provide Opus Magnum with sufficient information to enable Opus Magnum to investigate whether such User-Generated Content violates these Terms and Conditions. Opus Magnum accept to make good faith efforts to investigate such a complaint and will take such action as Opus Magnum, in its sole discretion, decides. However, Opus Magnum does not warrant or represent that it will block or remove (in whole or in part) such User-Generated Content.

UNSOLICITED IDEAS

Opus Magnum maintains the policy of not reviewing or accepting unsolicited submissions of ideas, inventions, designs, and/or other materials related to Opus Magnum’s business (including but not limited to handcrafts, souvenirs, and services) whether consisting of texts, images, sounds, software, information, or otherwise (the Materials) from persons external to Opus Magnum. Consequently, you should not post any Materials on the Site or send such Materials to Opus Magnum by email or otherwise.

PRIVACY POLICY

Opus Magnum is committed to safeguarding your privacy and personal data. Opus Magnum’s Privacy Policy, which is incorporated into these Terms and Conditions by this reference, explains the types of personal data we collect, how and why we collect, store, use, and share such data, your rights concerning your personal data, and how to contact us if you have any questions or concerns. You can read our Privacy Policy by visiting the following link: Privacy Policy

TERMINATION AND SUSPENSION

Opus Magnum may, in its sole discretion, immediately terminate or suspend your use of the Site at any time without notice if Opus Magnum believes that you have breached or acted inconsistently with these Terms and Conditions or applicable laws or if Opus Magnum believes that you have violated or acted inconsistently with Opus Magnum’s rights or those of any third party or for any other reason. You accept that Opus Magnum will not be liable to you or any third party for any termination or suspension of your access to the Site.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions will be governed by and construed under the laws of the Republic of Colombia, without reference to any conflict of laws principles. Any dispute arising out of or related to these Terms and Conditions, including any question regarding their existence, validity, or termination, will be subject to the exclusive jurisdiction of the competent courts of Bogotá, D.C., Colombia, and you accept to submit to the jurisdiction of such courts for any actions, suits, or proceedings arising out of or related to these Terms and Conditions.

GENERAL PROVISIONS

If any part of these Terms and Conditions is held to be invalid or unenforceable, that portion will be construed consistent with applicable law, and the remaining portions will remain in full force and effect. Any failure by Opus Magnum to enforce any provision of these Terms and Conditions will not be deemed a waiver of Opus Magnum’s right to enforce such provision in the future. The headings in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.

These Terms and Conditions constitute the entire agreement between you and Opus Magnum concerning the use of the Site and supersede any prior agreements between you and Opus Magnum regarding the use of the Site.

CHANGES TO THE TERMS AND CONDITIONS

Opus Magnum reserves the right to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting on the Site. Your continued use of the Site constitutes your agreement to all such Terms and Conditions.

CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us at:

opusmagnumcol@gmail.com

TERMS AND CONDITIONS FOR THE SALE OF OPUS MAGNUM PRODUCTS ON WWW.OPUSMAGNUMCOL.COM

Your contracting party is Opus Magnum Colombia (hereinafter Opus Magnum), domiciled in Manizales, at Carrera 16A #70-74, Manizales, Colombia. For any request, petition, complaint, or claim, please contact us by email: opusmagnumcol@gmail.com

WHEN DO THESE TERMS AND CONDITIONS APPLY?

These Terms and Conditions apply to all offers and contracts related to the sale and supply of products by us through www.opusmagnumcol.com (hereinafter “the website”). When you purchase any product through the website, your acceptance of the Terms and Conditions during the order process constitutes your acceptance of the applicability of these Terms and Conditions. It will only be possible to deviate from these Terms and Conditions if we show our agreement in writing.

OUR OFFERS AND PRICES

We will not be bound by obvious transcription errors, mistakes in promotional descriptions, and other statements in our product catalog, as long as the following elements concur: i) the inaccuracy in the announced information is due to an error; and ii) it is a notorious, evident error, of such magnitude that it is manifest to the eyes of an average consumer. To determine if the error is evident to the eyes of an average consumer, the following criteria will be taken into account: i) the ease with which the existence of the error can be determined; ii) the enormous disproportion between the market value and the offered price; iii) the value of the product is less than the additional costs (shipping costs, administrative expenses) or its accessories; iv) the advertising or the way the products are displayed allows the consumer to detect the error; and v) the absence of any announcement about discounts or promotions, among others. Small variations in color or other minor variations in products may occur as a result of different image acquisition and display technologies, or for other technical reasons. We are not responsible for these variations and deviations.

Depending on your location the prices listed could be in US Dollars or in Colombian Pesos, the prices may change for different locations. We reserve the right to make changes in prices and products before offering them to you.

SPECIAL PROMOTIONS

We also carry out promotions that grant discounts on products, which have a determined validity period and apply only to the products indicated in each promotion. The terms of these discounts are found on the website. It is understood that the terms of these promotions are read and accepted by consumers when accepting these general terms and conditions.

HOW IS THE CONTRACT FORMALIZED?

You can only place an order through the website if you are a final consumer, not a distributor. You must be 18 years or older to purchase our products through the website.

Orders you place through the website for products offered by us through the website are only an offer to enter into a sales contract. The sales contract will only be effectively concluded when you validly make the payment for the order, as it is through this action that we understand you have accepted the offer. Until before making the valid payment, you can cancel the order. For the payment to be considered valid, it must not have been rejected by the payment platform or financial institution and must not have been canceled.

You guarantee that the information you provide us in your request or order is accurate and complete. We are not obliged to accept an order if the payment is rejected by the payment platform or financial institution, or if the purchase is considered a suspicious operation of SAGRILAFT, PTEE, or fraud. We will have the right at all times to verify an order in advance or to reject an order for the reasons mentioned above. If we do not confirm your order on the business day following the day you made your purchase, it will be considered rejected.

DELIVERY

We will deliver to the address indicated by you within the countries listed in the section “Manufacture & Shipping Policy”, in the cities where we have coverage. We can only deliver to a valid delivery address, whether it is a home or office address.

If you request that we deliver the order in several shipments, we may charge you additional delivery costs, which will be informed at the time of payment. Each individual shipment will constitute an independent contract. If we delay the delivery of a shipment or one of the shipments is incorrect, this will not give you the right to request a refund and return of any other shipment.

Due to contingencies outside our control, delivery periods may extend longer than established in our terms and conditions. Simply exceeding a delivery period does not give you any right to compensation.

For more information, see “Manufacture & Shipping Policy” section.

We inform you that delivery times for purchases made during high-demand periods may extend up to 15 additional business days to our regular times.

Take into consideration that most of our products are made to order, it means that we start production after we confirmed the payment, and usually it will take 2 weeks to manufacture your product and ship it, so the total time for your product to arrive is 2 weeks + the time that takes the shipping company to reach your location.

OPTIONS IN CASE OF DELIVERY PROBLEMS

The products offered through the website are subject to inventory availability, so it is possible that some items run out before the sales contract is formalized. In these circumstances, we may offer you a product equivalent in terms of quality, price, and function, and you can freely choose whether or not to accept this substitute product.

If two or more consumers purchase the last units of a product at the same time and the inventory runs out or if we do not have the availability in our warehouse, we will proceed to refund you within the times and through mechanisms provided by law or offer you a substitute product, equivalent in terms of quality, price, and function.

If we discover after concluding the contract that we cannot supply the ordered products due to circumstances beyond our control, such as a delivery failure, we will have the right to terminate the contract. Naturally, we will inform you about it and refund the payments you have made.

PAYMENT METHODS

The payment options available are those listed on our website.

We will conduct an individual credit check for each purchase in accordance with our Privacy Policy, which you can consult on the Privacy Policy section. Depending on the results of this check, we reserve the right to reject certain payment methods.

RETURNS

If you are not completely satisfied with your order because you believe it does not meet the standards of quality, suitability, safety, and good condition and functionality of the products you purchased, our satisfaction guarantee will ensure that you receive a refund of your money within the times and through mechanisms provided by law or the product exchange. You only need to follow the detailed instructions in the “RETURNS” option in the assistance section. You can exercise the right of withdrawal within thirty (30) days of receiving your order. The maximum period for making warranty or quality claims is 60 days from the date of purchase.

Your payment reversal will be executed when an order has been generated on www.opusmagnumcol.com, and once the payment is made, it is validated that (1) The transaction was fraudulent, (2) The operation was not requested, (3) The product acquired in the order is not received under the terms of section “SELIVERIES”, (4) The delivered product does not correspond to what is reflected in the order, (5) The delivered product is defective, and (6) the reversal request was submitted by the consumer. Once your payment reversal request is submitted, it will be processed within no more than fifteen (15) business days.

RESERVATION OF OWNERSHIP

The supplied products will remain our property until you have fully paid all amounts due under any contract you have with us, including the payment of costs, previous or subsequent deliveries, or partial deliveries. You will not be able to sell, dispose of, or encumber the products before acquiring ownership of them.

APPLICABLE LAW

Colombian law will apply to the contract.