Terms and conditions

The main activity of the Site consists of the display or exhibition and commercialization of products and services for online purchase by adult consumers located in the Republic of Colombia (hereinafter referred to as "Users"). The Site is governed by the laws of the Republic of Colombia. Users of the Site declare that they understand and accept these terms and conditions and understand that all activities carried out within the Site must comply with the provisions of this document. Anyone who does not accept the terms and conditions must refrain from using or performing any act within the Site, as it is clear that these terms are mandatory and binding.

  • 1. REGISTRATION
    Every User of the Site who wishes to use it must complete a registration form in which they must provide their personal information accurately, precisely, and truthfully, as well as accept the terms and conditions of the Site and authorize the processing of their data; Users will be responsible for the veracity of the information registered.
    The Company reserves the right to review the purchase request submitted by the User and will have the power to verify the data provided by each one of them. Should any inconsistency be found in the User's information at the time of registration, or if they fail to notify of any change, The Company may proceed with the immediate termination of the User's account as well as the cancellation of any order placed. In the event that the User has any outstanding amount, this must be paid in full before proceeding with the account closure.


  • 2. PAYMENT METHODS
    Payment methods enabled for purchases through the Pay U site: with Debit and Credit Card, PSE, and payment at correspondent banks. At the time of payment, the credit card number and billing and/or shipping information may be requested, which will be handled by payment gateways responsible for ensuring their security.
    The User is responsible and obliged to timely notify the corresponding financial or cooperative entity of the loss or theft of their credit card and other instruments provided by them for transactions, such as debit cards, personal keys, etc., in order to disable such instruments.

  •  3. PAYMENT TERMS
    The amount payable for each item purchased will be the price in effect on the Site at the time of purchase. The User must select which of the payment methods established in numeral 2 they wish to use to make the payment for the purchase. The Site provides Users with a secure connection system for transactions carried out on the Site. However, in no case will it be responsible for failures in communications from banking or credit entities, nor for damages caused to the User due to an action or omission by said entities due to such failures. Additionally, the Site also provides Users with a link that connects to the respective payment gateways authorized by the Site. In these cases, 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 making their transactions.
    Once the payment made is verified by the Site, if the purchase made and the payment comply with the conditions, the sale will be accepted, but the Site will have the power to reject an offer or accept it partially, which could happen in the event of inventory depletion or similar cases, this when there is a force majeure event or a fortuitous event beyond the Company's control, but not limited to this; and therefore, it will only be obliged to refund the User, without any interest or yield, the value canceled for the unaccepted purchase offer or the corresponding percentage of the partially accepted purchase offer, this only in the event of a lack of inventory or similar cases due to force majeure or fortuitous event beyond the Site's control.

  •  4. PRODUCT DISPLAY ON MARKETPLACE
    The Site allows the display and commercialization of products and services by national sellers (hereinafter "Sellers"), independent of FIRLAN S. A. S.; this service will hereinafter be referred to as Marketplace. The Company has no contractual link in the transaction between Users and said Sellers and is not considered a reseller of the goods offered by the Sellers on the Marketplace. The goods sold and commercialized on the Marketplace are manufactured, invoiced, and shipped by the Seller; therefore, the Seller is responsible for invoicing and shipping logistics. Additionally, the Seller will inform the User of the expenses corresponding to freight, insurance, and taxes derived from the acquisition of the product, if applicable.

  •  5. PROMOTIONAL COUPON TERMS

    • They must be used within the coupon's validity period to be effective; otherwise, they will not be valid. The expiration date is not modifiable.

    • The coupon will be discounted at the time of purchase, and the required process must be completed for it to be debited.

    • To make the coupon effective, the requirements specified therein must be met.

    • Coupons can only be used once and for a single purchase.

    • If an order is returned or the right of withdrawal is exercised for a purchase made using a coupon, the amount of money to be reimbursed or the credit granted for use on the Site will only be equivalent to what was paid by the User; the coupon will not be recognized and cannot be used again.

  • 6. SHIPPING FEES AND TAXES
    The user is responsible for shipping costs, sales tax, value-added tax, and other levies incurred for each accepted offer. All taxes caused by the purchase will be calculated from the moment the user makes their purchase offer on the Site, and therefore they will know the exact amount they must pay.

  •  7. PRODUCT DELIVERY
    The delivery time for products purchased through the Site is distributed as follows:

    • Wholesale Purchases: 2 to 3 business days after payment is made.

    • Single-item Purchases: 2 to 3 business days after payment is made.

    • International: 4 to 6 business days. *Customs times are not included.

  • For all businesses, up to 3 delivery attempts will be made at the address provided during registration; if delivery is not possible, the products will be returned to their warehouses and the purchase amount will be refunded. The Company will not be responsible for any loss or damage that products may suffer once they have been duly delivered to the address provided by the user and will be exempt from liability provided it can prove effective delivery of the products to the address provided by the User.
    The Site makes deliveries only within Colombian territory to the sectors and regions it can access according to its network, which is nationwide where nomenclature exists, and therefore may reject the acceptance of an offer if the shipping location or the address registered by the User is not covered by the site's network or is not within the geographic areas enabled for shipping.
    It is understood that any person found at the delivery address will be duly authorized by the User to receive their order. Consequently, the Site is exempt from any liability for delivery made, provided it is made to the address registered on the Site. Proof of delivery will be the User's signature on the delivery certificate issued by the logistics operator.

  •  8. RIGHT OF WITHDRAWAL
    Users of the Site who make purchases through it have the possibility to exercise the right of withdrawal during the 5 business days following product delivery, as granted by Law 1480 of 2011. The User must return the product in its original packaging, complete, unused, by the same means and in the same conditions in which it was received. Transportation costs and any other expenses incurred in returning the good will be covered by the User. The money will be reimbursed for the value of the product without any deductions or retentions and will be made within the next 30 calendar days from the moment the right was exercised. Perishable goods or goods for personal use are exempt from the right of withdrawal.

  •  9. CLAIM FOR DAMAGED PRODUCT (WARRANTY)
    If any of the purchased products are damaged and/or the User wants to request a warranty for it, they must do so by email: servicioalcliente@babalufashion.com or through our customer service phone lines, where they will be instructed on the process to follow according to the product type or through the returns module created for this purpose.

  •  10. RETURN POLICY
    The following policy outlines the conditions, deadlines, and means through which customers can return products and services.

  • 11. AUTHORIZATION FOR PERSONAL DATA PROCESSING
    The User authorizes Firlan S.A.S, and third parties designated by it (any other company hired for the same purposes) (hereinafter Controllers and Processors) to process personal data obtained during the use of the Sites (babalufashion.com and babalu.co), in order to provide comprehensive service for order management, operational purposes such as purchase history, purchase, after-sales services, logistics, billing, marketing, analytics and research, sending communications, among others, as well as sending information from FIRLAN S.A.S's affiliated companies.
    The personal data provided by Users on this website may not be used for purposes other than those authorized by the user. Personal data will remain in secure operating environments not available to the public.
    The User is informed that, as the owner of personal data, they have the following rights:
    The User is informed that, as the owner of personal data, they have the following rights:

    • To know, update, and rectify their personal data before FIRLAN S.A.S and its affiliates or Sellers.

    • To request proof of the authorization granted to FIRLAN S.A.S and its affiliates or Sellers.

    • To be informed by FIRLAN S.A.S and its affiliates or Sellers, upon request, regarding the use made of their personal data.

    • Prior complaint or inquiry to FIRLAN S.A.S and its affiliates or Sellers. To file complaints before the Superintendence of Industry and Commerce for infringements of applicable legal regulations.li>

    • To revoke authorization and/or request deletion of data when the processing does not respect constitutional and legal principles, rights, and guarantees.

    • To access their personal data that has been processed, free of charge.

  • For inquiries, claims, or more information, you can contact us via email servicioalcliente@babalufashion.com or, for international purchases, at comex@babalufashion.com. Provided that the User has not timely notified the existence of a violation of their personal information, or when the User has not proceeded to notify the corresponding financial or cooperative entities of the loss, misuse, subtraction, or theft of the instruments granted by them to carry out transactions, or when there is an improper use of their registration data, neither the Site nor the Company assume any responsibility for such actions.
    The user can consult the Personal Data Processing Policy at https://babalu.com.co/politicas-de-tratamientos-de-datos When Users provide their personal data and information on the Site, it is understood that they do so voluntarily and consciously. In these events, said data may only be used by the Company for the purposes indicated in the previous point.

    • If the User so authorizes, this information may be sent by the Company to other affiliated companies of Firlan S.A.S, which in turn will send information about their own products.

    • Request proof of the authorization granted to Firlan S.A.S and its affiliates or Sellers and Coordinadora Mercantil.

    • In any case, Users who wish to stop receiving information and messages from the Company or any of Firlan S.A.S.'s affiliates via email will have the option to unsubscribe and stop receiving information, and if they express this desire, the Company will immediately proceed to remove such user from its email contact list and will refrain from sending them information by this means in the future.

    • The Company will enter into confidentiality agreements with third parties that provide services related to its website, such as design, administration, and updating of the page, and who have access to the information provided by users, with a view to ensuring that said third parties treat it with the same reservation as the Company. The authorization for the processing of personal data granted by the user to the Company includes authorization for said data to be known and processed by the aforementioned third parties, who may only do so for the purpose of executing the services for which they were contracted by the Company, and who will fully comply with applicable legal regulations.

    • At the User's request, The Company will delete or modify part or all of the information provided by them. Such a request can be made through the Site or via the toll-free customer service line servicioalcliente@babalufashion.com.

    • In case of a legal or judicial mandate, or when necessary for the protection of the Company's intellectual or industrial property rights, it may disclose any type of information provided by Users.

    • Personal information collected on this website is stored in secure operating environments not available to the public.

  • 12. EXCLUSIONS OF LIABILITY
    The Company carefully selects links to other Internet sites, which are accessed through its Website, but is not responsible for their content or technical aspects, nor does it control or can control them, especially considering that such content varies from time to time. Consequently, access to such links through the Company's Website will be at the user's sole risk and responsibility. This is because once the linked site is accessed, it is understood that the user has left the Company's page. The Company warns Users that the information on the Site may contain errors or inaccuracies, or not be complete or updated. Therefore, it reserves the right to correct any error, omission or inaccuracy, change or update it at any time and without prior notice, which will not affect rights acquired by Users. The following behaviors are prohibited for Site Users:

    • The use of websites, their content, technical elements, and applications for illegal purposes.

    • Violating, destroying, modifying, or using third-party information without the proper authorization of the information owner.

    • Using the Company's name or the technological platforms it provides to distribute commercial messages or unsolicited emails (Spam).

    • Using the Company's name or the technological platforms it provides to transmit or disseminate illegal, threatening, libelous, defamatory, obscene, scandalous, pornographic, racist, or verbally abusive material that attacks the moral integrity of people or any other expression or material that could give rise to any civil or criminal liability under the terms of the Law or that violates current Colombian legislation.

    • Uploading files to the Company's websites that may compromise the information contained on said sites, equipment (computers), or third-party property, such as viruses in general, Trojan horses, and worms, among others. Any conduct that generates or may generate, among others but not limited to, errors, damages, interruptions, or suspension of the site's operation is also not permitted.

    • Attempting to access restricted areas and/or impersonating another user or any third party.

  • The availability of sites and communication media does not obligate the Company to keep them active at all times. Similarly, the company reserves the right to refuse admission to any person and to suspend the service without prior notice for any reason whatsoever. The Company complies with current Colombian regulations and therefore reserves the right to disclose any information it deems counterproductive; however, it will disclose any information requested by the competent authorities.

  • 13. REFERRALS
    If a collaborator refers another person to subscribe to the Site, the collaborator will have no responsibility for the referred user. It is understood that the Collaborator and the referred person are independent Users.

  • 14. MODIFICATIONS TO THE AGREEMENT
    Xxxxxx S.A.S may modify the General Terms and Conditions at any time by publishing the modified terms on the Site. All modified terms will come into effect 10 (ten) days after their publication. Within 5 (five) days following the publication of the modifications, the User must contact us if they do not accept them; in that case, the contractual relationship will be dissolved, and the User will be disabled as a Member. After this period, it will be understood that the User accepts the new terms, and the contract will continue to bind both parties.

  • 15. EXCLUSIONS OF DISCOUNTS AND PROMOTIONS
    Discounts and promotions offered on our wholesale websites babalu.com.co do not apply to basic line references, accessories, and underwear.