LEGAL TERMS AND CONDITIONS

FIRST: GENERALITIES.

This document regulates the terms and conditions corresponding to the company Mística Limitada Rut: 77.761.711-7, under which you have the right to access and use our Website www.misticaperfumes.cl (hereinafter also " MÍSTICA LTDA . " interchangeably ), as well as any type of information, content, image, video, audio or other material communicated or present on the website.

We recommend that you carefully read the content of these General Terms and Conditions of Use, as well as print and keep a copy of them on a local storage drive.

MÍSTICA LTDA . reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the website and the contents and services that may be incorporated therein. The User acknowledges and accepts that at any time MÍSTICA LTDA . may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

Access and use of the website and the related or annexed content, described in this document, will be governed entirely by the laws of the Republic of Chile. Consequently, the visits, as well as the possible contracts or transactions that the user makes on the platform that represents the website, as well as the legal effects that these may have, are subject to the laws and the jurisdiction of the courts of justice. of the Republic of Chile. Of particular importance are the application of Law No. 19,628 on the Protection of Personal Data and Law No. 19,496 on Consumer Rights.

Additionally, www.misticaperfumes.cl fully adheres to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce which is available at the following link:

https://www.ecommerceccs.cl/wp-content/uploads/2021/12/CBBPP-2021.pdf

SECOND: COMPANY AND LEGAL REPRESENTATION

Ownership corresponds to MÍSTICA LTDA., RUT: 77.761.711-7; duly represented by Mr. Carlos Gallegos, National Identity Card number: 10.885.690-4. Your legal status to act on behalf of MÍSTICA LTDA. It is recorded in a public deed dated April 27, 2023, which was executed in the public notary of Mrs. Paulina Valenzuela in the city of Rengo.

Additionally, for the purposes of any type of communication, presentation, query or claims related to the use or operation of the website, or with the contracts and transactions that have been carried out, MÍSTICA LTDA. You will receive all types of communications to the email: contacto@misticaperfumes.cl, as well as to the telephone number: +56 9 36936016, which will only be available for the purposes of Customer Service functions. MÍSTICA LTDA., is domiciled for these purposes at Av. Bello Horizonte 845 Of. 302, commune of Rancagua.

THIRD: FREEDOM OF NAVIGATION and ACCEPTANCE OF THE TERMS AND CONDITIONS.

Access to this website, navigation and use of it does not impose any type of obligation for the user, unless the user expresses unequivocally, through positive acts, his/her willingness to contract with the company to acquire goods or services. , in the manner indicated in these terms and conditions.

To accept these Terms and Conditions, the user must click where the www.misticaperfumes.cl website offers this option in the user interface with the phrase “I have read and accepted the terms and conditions” or another equivalent that allows giving their approval. unequivocal consent regarding acceptance.

Responsibility of Users.

MÍSTICA LTDA. delivers to the User a service characterized by the diversity of the content provided. The User assumes his responsibility when entering the Website, to make correct use of it and its contents. Thus, this responsibility will extend, without limitation, to:

Use the information, Content and/or Services and data offered by MÍSTICA LTDA. , without being contrary to these Terms and Conditions, as well as the Chilean Legal System and Morals and Public Order, or that in any other way could lead to the violation of third party rights, or the normal functioning and operations of the Website.

In any case, MÍSTICA LTDA. is not responsible for opinions, of any kind, expressed by Users through comments or blogging or microblogging tools or extensions.

Simply accessing www.misticaperfumes.cl does not imply a commercial relationship between MÍSTICA LTDA. and the User.

Legal capacity.

The User declares to be of legal age and, therefore, to have the necessary and sufficient legal capacity to be bound by these Terms and Conditions. Therefore, MÍSTICA LTDA. It is not directed at minors, declining any responsibility for non-compliance with this requirement.

Even so, the legal rules of capacity established in the legal system will govern in all those cases where their application is pertinent. Therefore, if a person does not have the legal capacity to contract, they must refrain from using the Content and Services that require this capacity. MÍSTICA LTDA. may, at any time, temporarily or permanently, suspend the participation of users who are proven to lack legal capacity to use the Services and Content that require it, or who provide false, inaccurate or fraudulent information to the Website. .

FOURTH: REGISTRATION

Registration on the site and the use of a password is not a mandatory requirement to contract, however, it facilitates personalized, confidential and secure access to the site.

In case of registering on the site, the user will have a secret password that can be used and even modified if the user so requires. To activate the password you must complete the registration form available on the site and send it to www.misticaperfumes.cl by clicking on the respective field.

Regarding the confidentiality of the password, the user and the administrator will be responsible within the scope that corresponds to each one.

FIFTH: RECRUITMENT.

To make purchases or contract services on the Website, the following steps must be followed, clicking where appropriate:

a.- To begin the contracting process, it is necessary to confirm that you have read and accepted these Terms and Conditions.

b.- Select the product or service you are interested in and add it to the "shopping cart".

c.- Log in to the site or enter email and password. If you are not registered and if you wish to do so, use the icon and menu that corresponds to this option.

d.- Select the shipping and delivery method among the alternatives available on the site. In the event that there are no alternatives available, follow the instructions for delivery according to what is indicated on the site.

e.- Select the payment method.

f.- Once the purchase order has been placed, the following information will be displayed on the screen, which must appear before selecting the payment method:

I. Description of the purchased product or contracted service.

II. Price of the product.

III. Indication of the shipping cost, when applicable.

IV. Delivery date of the purchased product, according to the type of delivery chosen.

V. Payment method that the user will choose.

SAW. Total value of the transaction.

VII. Other conditions of the purchased product or service order.

VIII. Possibility of printing and keeping the order, by the User.

IX. Unique identification number of the order, with which the User can track it online, or use it to identify it at the time of delivery or pickup.

g.- Sending the information to the email address registered by the User.

h.- The order will then be automatically sent to an identity confirmation process, in which the security and privacy of the user and the contracting process itself, availability, validity and quota of the payment method that has been made will always be protected. selected.

i.- Once the above has been fulfilled, the contract is perfected, with the charge being made in the selected payment method. Subsequently, the proof of purchase is sent with the corresponding receipt or invoice in electronic format and the product will be dispatched, according to the selected delivery method.

j.- The buyer's rights will not be affected nor will charges be made, without his identity being confirmed.

SIXTH: MEANS OF PAYMENT.

Unless a different means is indicated for specific cases or offers, the products and services that are reported and traded on this site can only be paid through:

a.- Visa, Mastercard, Dinners Club International, American Express or other authorized and validly issued bank credit cards in Chile or abroad, as long as they maintain current contact for this purpose with MÍSTICA LTDA.

b.- Bank debit cards included in the Redcompra system or enabled to make payments and transactions through the WebPay system, validly issued in Chile by national banks, which maintain a current contract for such purposes with MÍSTICA LTDA.

c.- Other electronic payment methods that the company may have contracted (Mercado Pago, Khipu, Webpay, Venti  or others).

Other means of payment that could be announced and accepted in the future, which will be informed pertinently through the corresponding channels and conduits.

Payment with debit cards will be made through WebPay, which is an electronic payment system that is responsible for making the automatic charge to the user's bank account.

The User declares that he or she understands that these payment methods or portals are the property of third-party companies or persons providing said services, independent and not linked to MÍSTICA LTDA. , so the continuity of its provision of services over time, as well as the correct functioning of its online payment tools and buttons, are the exclusive responsibility of the providers of these services and in no case of MÍSTICA LTDA.

SEVENTH: DELIVERY AND DISPATCH.

Products purchased through the website will be subject to the shipping and delivery conditions chosen by the user, within those available on the site. The information on the address or shipping location is the exclusive responsibility of the User.

At the moment we use the following companies for our dispatches: Blue express, Starken (Turbus) and Correos de Chile. 

- Cost of shipping products:

The cost is calculated based on the address entered and the quantity of products and will be indicated at the time of payment in the shopping cart.

The office will be free for the communes of Rancagua, Machalí, Graneros, Codegua and Mostazal.   .  

- Product delivery time:

The delivery time depends on each shipping company, depending on the service offering available for each region. Without prejudice to the foregoing, MÍSTICA LTDA. will make every effort to ensure that the order reaches the customer as soon as possible.

Same day: Same day dispatch for purchases made until 12:00 am from Monday to Saturday and valid only for the following communes of the sixth region:  Rancagua, Machalí, Requínoa, Olivar, Doñihue, Graneros, Codegua, Mostazal.  

Communes NOT included in the “Same Day” delivery modality will receive their order within the delivery times of the delivery service selected at checkout, unless a discount promotion applies to shipments where the deadline will depend on the times that manage each dispatch company.

The delivery period begins on the next business day from when the customer receives confirmation via email that their order has been paid. (business days include Monday to Friday, holidays are excluded).

MÍSTICA LTDA. is not responsible for delays caused due to incorrect data entry by customers, it is the customer's responsibility to verify that their contact information is correct before closing their order. Likewise, MÍSTICA LTDA. is not responsible for delays caused by shipping companies.

For special events such as: Cyber ​​Day, Cyber ​​Monday, Mother's Day, Father's Day, Christmas and similar, the dispatch could extend longer than the regular time.

Deliveries will be made from Monday to Friday from 8:00 a.m. to 10:00 p.m. In the case of the communes included in the “Same Day” delivery mode, deliveries will be extended until 3:00 p.m. on Saturdays.

The person receiving the order must be of legal age (+18 years) and be able to leave their information to the delivery person as proof of receipt of the order. If at the time of delivery there is no recipient, your address is incorrect or incomplete, the package will be retained by the shipping company to make a second and final dispatch attempt, which could cause delays in delivery or the return of this to the sender. If this happens and a return is made, the situation will be informed via email and the customer may request the reshipment of the product, assuming the costs involved.

It is the customer's responsibility to review and check, upon receipt of the product, the correct delivery of their shipment. You must immediately report any problem, damage or missing product to the shipping courier staff. Failure to carry out this action in a timely manner exempts MÍSTICA LTDA. of all responsibility, since it does not have the verification that the recipient must carry out by law. Problems generated by the customer's responsibilities will not be causes for cancellation of a purchase.

EIGHTH: RIGHTS AND GUARANTEES OF THE SITE USER.

The User will enjoy all the rights recognized by the consumer protection legislation in force in Chile, in addition to the rights granted by these Terms and Conditions. Furthermore, the User will have at all times the rights to information, rectification and cancellation of personal data in accordance with Law No. 19,628 on the protection of personal data.

WARRANTY, EXCHANGES AND RETURNS

This document regulates the return and refund policies under which the customer is entitled for purchases made at Mística Limitada and on our website www.misticaperfumes.cl. It is detailed below.

In any case to make use of the terms of Guarantee, Exchanges or Returns, Mística Limitada must first receive the product , which will be reviewed both in coding and in its physical state before being able to provide a response to the customer.

You will never lose your money if you report an incident on time. In the event of a factory failure, such as a problem with the perfume atomizer, Mística will be responsible for changing the product, as mentioned at the beginning, after receiving and reviewing the perfume both in coding and in its condition. All product changes or returns will be made through an order payable to a Blue express, Correos de Chile or Starken branch in Rancagua (this shipment will have no cost to the customer). Mística Limitada reserves the right to not accept the exchange in the event that the shipment is not properly protected and/or it is concluded in the review that the responsibility for the failure is due to misuse by the Client.

IN CASE OF DAMAGE TO THE PRODUCT IN TRANSPORT

At Mística Limitada we worry about packaging. Each of your orders will be perfectly packaged and protected inside with foam material to withstand long transportation journeys. We use high quality boxes and make sure to comply with all packaging recommendations suggested by Courier companies. In the event that upon receiving your order, you notice that the box was opened, manipulated or has significant damage, you have the right not to accept delivery of the package to the Courier company, leaving a record in the delivery record that the product arrived. damaged.
After that, you must contact us via email or telephone to help you resolve the problem with the Courier and review the options to solve the incident.

IN CASE OF LOSS OF YOUR PRODUCT BY THE COURIER COMPANY

You will never lose your money if your package is lost en route. Part of the service that the client contracts is that at all times our company monitors the status of their package en route, from the moment the package is delivered to the Courier until it is delivered to their address. When you receive the shipping notification, you will also receive an estimated delivery date for your package. In the event that the Courier company does not meet this date and presents a delay, at Mística we will make a first insistence that they deliver as soon as possible. In the event that the delivery does not take place on the rescheduled date, we will begin the formal claim process for alleged loss to the Courier company, who will begin an investigation process . The Courier may take up to 30 days to process it. However, most of the time it is resolved much sooner.

If the loss is confirmed as a result of the investigation carried out by the Courier company, Mística will proceed to resend your purchase, without additional costs. You can also request a refund of your money, which will be via Bank Transfer, which must be be duly communicated via email to contacto@misticaperfumes.cl. IMPORTANT: Any refund of money and/or reshipment of your purchase in case of loss of the package en route, will be made once the investigation process by the responsible Courier company is completed, and not during or before it ends.

PRODUCT CHANGES

Exchanges will only be accepted for products that come from the factory with cellophane; open products with damaged packaging will not be accepted for exchange. The period for changes is up to 30 days from receipt of your product. If shipping is required, it will be the responsibility of the Customer. For these cases, please contact our Customer Service. To the email contacto@misticaperfumes.cl

IMPORTANT: No changes or refunds are made if the product is used or opened in its cellophane.

RIGHT OF WITHDRAWAL

Empresa Mística Limitada adheres to the right of withdrawal. The customer has 10 days to retract their purchase, as long as:

1. The product is in the same condition as it was delivered. Then, it only corresponds to Product Change.

2. Exchanges or money returns are not accepted if the product is open from its cellophane, used or damaged due to misuse by the customer or a third party.

3. The product must have all its accessories and original packaging. Furthermore, given the nature of this type of products, it is necessary that they have not been opened and that they retain their original seal and packaging.

4. In case of money refunds at the customer's request, since they regretted purchasing. We will be able to refund money once we receive the product back at our office.

5. We will not be able to return the costs for transportation, reverse logistics and Webpay payment gateway commission, which corresponds to 5% of the total transaction in the purchase.

LEGAL GUARANTEES

If the product is damaged or incomplete, it can be exchanged immediately. If there is factory damage or defects in any of its parts that prevent the correct functioning of the product within 3 months from the date it was received, you can choose between free repair, exchange or refund of the amount paid. , as long as the product has not deteriorated due to an event attributable to the consumer. The buyer may send the product directly through a parcel payable to a Blue express, Correos de Chile or Starken branch in Rancagua following the instructions sent by email. This return will have no additional shipping costs for the consumer.
The following will be considered a failure or defect:
1. Products subject to mandatory safety or quality standards that do not meet specifications
2. If the materials, parts, pieces, elements, substances or ingredients that constitute or integrate the products do not correspond to the specifications they display or to the mentions on the labeling.
3. Products that, due to deficiencies in manufacturing, processing, materials, parts, pieces, elements, substances, ingredients, structure, quality or sanitary conditions, where applicable, are not entirely suitable for the use or consumption for which they are intended or for which the supplier had indicated in its advertising.
4. If the supplier and consumer have agreed that the products subject to the contract must meet certain specifications and this does not occur.
5. If after the first time the guarantee has been made effective and the corresponding technical service has been provided, the deficiencies that make the good unfit for the use or consumption referred to in paragraph 3 remain. This right will subsist in the event of presentation a deficiency that was subject to technical service, or the same occurs again.
6. If the thing that is the subject of the contract has hidden effects or defects that make the use to which it is usually intended impossible.
7. In the case of failure in the atomizer you have a 30-day guarantee, it is excluded from the guarantee when the product is mishandled.

NINTH: RESPONSIBILITY.

MÍSTICA LTDA. will not be liable, in any case, for the following facts:

a.- Improper use that Users or visitors to the website make of the stored content, or the products they acquired therein, as well as the industrial or intellectual property rights contained in the website, or in the products or services.

b.- Damages and losses, specific or eventual, caused to Users derived from the operation of the website's search tools, as well as errors generated by technical elements of the site or the search engine.

c.- Content of websites that Users can access with or without authorization from MÍSTICA LTDA.

d.- Access by people who do not meet the age limit required to use the website, following the Terms and Conditions, as well as current legislation regarding exercise capacity.

e.- Loss, misuse or unauthorized use of password or validation codes, whether by the User or a third party, in the manner expressed in these Terms and Conditions. In the same way, the parties recognize and record that the computer support provided by www.misticaperfumes.cl is not infallible, therefore, circumstances beyond the control of MÍSTICA LTDA may occur. that may cause the website or its platform to be inoperative for a certain period of time.

f.- Information referring to MÍSTICA LTDA. that is found on websites other than or unrelated to www.misticaperfumes.cl.

If you are faced with any of these cases, MÍSTICA LTDA. will take all measures to reestablish the correct functioning of the website and its communication system as soon as possible, without being held liable for this.

MÍSTICA LTDA. It does not guarantee availability or continuity of operation of the website, nor that, at any time, Users can access it or the promotions and offers that are available.

MÍSTICA LTDA. Nor is it responsible for the existence of viruses or other harmful elements in the documents or files stored in the computer systems of any type owned by the Users. MÍSTICA LTDA. will not be liable for damages caused to the User, derived from the improper use of the technologies and platforms made available to them, regardless of the way in which these technological elements are inappropriately used. Likewise, MÍSTICA LTDA. will not be liable for damages caused by improper use or bad faith of Users when using www.misticaperfumes.cl.

However, in the event of a double payment by any User on the Website, MÍSTICA LTDA. will fully refund the amount of the overpayment, within 3 days following receipt of the corresponding claim made by the User or their representatives, which must have an annex that includes the original payment receipts corresponding to the overpayment made.

When registering, logging in, making transfers and communicating, www.misticaperfumes.cl uses digital security certificates (SSL) in order to encrypt the information. MÍSTICA LTDA. does not store or retain financial data of its Users.

TENTH: DATA SECURITY POLICY.

MÍSTICA LTDA. does not transfer to third parties, under any circumstances, the personal data registered by users, however, this information may be processed by MÍSTICA LTDA., solely for statistical purposes and to obtain a better understanding of the user profiles and, thus, improve the products offered and to adequately comply with the dispatch and delivery of products to customers.

The customer will be asked only for the information necessary to pay for the product and its subsequent shipment. Under no circumstances will this information be communicated or transmitted to third parties other than MÍSTICA LTDA. Additionally, the customer's payment (bank card) information is not retained.

Electronic documents.

Users, as manual recipients of electronic documents as established in Exempt Resolution No. 11 of February 14, 2003, issued by the Internal Revenue Service, which establishes the procedure so that taxpayers authorized to issue electronic documents can also carry out its sending by these same means to the manual receivers; declare and accept that, by approving these Terms and Conditions, they authorize MÍSTICA LTDA. , RUT: 77.761.711-7; duly represented by Mr. Carlos Gallegos, National Identity Card number: 10.885.690-4, so that the tax document corresponding to the transaction for the purchase of a product or contracting of a service is delivered only through electronic means. Likewise, it is authorized that the notice of publication of the tax document be sent to Users by email.

In accordance with the aforementioned regulations, and in the event that the User needs to support their accounting information, they will assume, in relation to the tax documents already mentioned, the following obligations:

a.- Print the documents received electronically, for each tax period, immediately after receiving them from the issuer.

b.- Print the document in its original size and form.

c.- Use original white paper with a minimum size of 21.5 cm x 14 cm (half-letter) and a maximum size of 21.5 cm x 33 cm (legal).

d.- Print in a quality that ensures the legibility of the document for at least six years, as established by current legislation. Printing will be done using laser or inkjet methods, unless a different method is established by legislation or regulations on the matter issued in the future.

ELEVENTH: INTELLECTUAL PROPERTY AND RESERVED RIGHTS.

All rights present on the website, including intellectual property, with respect to the website itself, pages and other types of content, such as, but not limited to, texts of all types, graphic or audiovisual material (including, but not limited to, limited to images, audio clips and videos), logos and logotypes, icons of all types, downloadable material and content, compilations of data and information and source codes of the page, are the property of MÍSTICA LTDA.

Likewise, all or part of the content mentioned in the previous paragraph is registered as a trademark, creation or commercial image, therefore, the rights are the property of MÍSTICA LTDA . , and its improper use and reproduction for commercial purposes without prior authorization is prohibited, as well as its use in any way that could discredit or negatively affect MÍSTICA LTDA .

Any other trademark that is present on the website and whose rights are not the property of MÍSTICA LTDA . , will belong to its proper owners.

MÍSTICA LTDA . Respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes a violation of intellectual property rights, please contact us at contacto@misticaperfumes.cl

TWELFTH. - COMMUNICATIONS.

MÍSTICA LTDA . undertakes to, in the event of sending any type of communication and information, including advertising or promotions, to any means of contact provided by the User, including telephone numbers or email, said communication will contain at least the following information:

a.- Identification of the type of message, making it clear to the User the type of information being processed, especially if it is a message that contains advertising or promotions, all of which will appear in the subject field of the message (e-mail), or will be informed first (telephone communication by voice or text).

b.- Existence of consumer rights, recognized by Chilean regulations, related to the power of the User to request the cessation of this type of messages by MÍSTICA LTDA . At the same time, the obligation on the part of MÍSTICA LTDA is recognized . to suspend the sending of information if the request is received from the User.

c.- The guarantee of an expeditious, simple and effective process in the event that the User wants to make the request, for which MÍSTICA LTDA . may require some type of information prior to carrying it out.

d.- In the case of advertising or promotions from external sites, or from companies, companies or brands associated with MÍSTICA LTDA . , the message will contain the information necessary to identify the advertiser, including its commercial name if it has one.

The promotions offered through this Website are not necessarily the same as those offered by other sales channels used by companies, such as physical stores, TV or radio advertisements, catalogs or others, unless expressly stated herein. site or in the advertising carried out by the companies of each promotion.

THIRTEENTH: APPLICABLE LEGISLATION and COMPETENCE

These terms and conditions are governed by the laws of the Republic of Chile. Any controversy or conflict arising from the use of the MÍSTICA LTDA website . its Terms and Conditions and Privacy Policies, their validity, interpretation, scope or compliance, will be subject to the applicable laws of the Republic of Chile.