This document contains a series of terms and conditions (“Terms and Conditions”) applicable to Users (as defined below), and regulate the use and/or access that you make in Chile of the BRAIN TOYS virtual platform, consisting of a website and an application for mobile devices (hereinafter, the “Platform”), made available by Braintoys Spa, Rut 76.411.264- 4, a joint stock company created under the laws of the Republic of Chile, domiciled at Lira, 2310, San Joaquín, Santiago (“BRAIN TOYS“).

The use of this Website and its services implies full acceptance of the provisions included in these Terms of Use according to the version published by BRAIN TOYS at the time the User accesses the Website. The use of certain services offered to the Users through the Web Site can be subject to particular conditions that, according to the cases, replace, complete and/or modify the present Terms of Use.

Acceptance of the Terms and Conditions is an essential requirement for purchasing on the Site. By accepting these Terms and Conditions, users declare that they have been informed in a clear, comprehensible and unequivocal manner of the same, and that they have had the possibility of storing, printing or retaining them for later consultation.

For all legal purposes and in order that users of the Site may communicate with the company (“Braintoys Spa”), Ms. Paula Hamdorf Mujica is appointed as legal representative, domiciled for these purposes at Geronimo de Alderete 1519, Vitacura, e-mail contact: contacto@braintoys.cl.

Therefore, prior to the use of such services, the User must also carefully read and accept the corresponding particular conditions, if applicable.

FIRST: DEFINITIONS

  1. “Platform”, means the “BRAIN TOYS” application available for mobile technologies and/or the “BRAIN TOYS” website.
  2. We”, “Us”, and“BRAIN TOYS“, whenever reference is made to these terms, direct reference is made to the company, domiciled at Geronimo de Alderete 1519, Vitacura.
  3. “Service” means the intermediary service requested by the User through the Portal.
  4. Cookies“: text strings sent virtually that are stored by the use of the Platform by the Operator, for the consultation of the activities and preferences of the users.
  5. Personal Data“: any information that makes it possible to identify or make identifiable a natural person.
  6. Data Messages:Information generated, sent, received, stored or communicated by electronic, optical or similar means, such as, but not limited to, Electronic Data Interchange (EDI), Internet, electronic mail, telegram, telex or telefax.
  7. Advertising“: Any form of communication carried out by the Operator, with the purpose of providing information on products, commercial activities and communicating advertising or marketing strategies or campaigns, of its own or of third parties; carried out as a reference mechanism and not as a public offer.

If any of these words defined in the plural are used, they shall have the same meaning as indicated herein.

MUST ACCEPTAR THESE GENERAL TERMS AND CONDITIONS AND/OR ANY OF THE OTHER POLICIES, PARTICULAR TERMS AND CONDITIONS AND PRINCIPLES GOVERNING “BRAIN TOYS” IN ORDER TO USE THE “BRAIN TOYS” FOR THE USE OF THE APPLICATION AND/OR THE AND/OR SERVICES.

If Users have any questions regarding these Terms and Conditions, they can contact the Customer Service team through the website and e-mail contacto@braintoys.cl.

SECOND: OBLIGATION TO ACCEPT THE TERMS AND CONDITIONS

2.1 No person may use the Platform as a User, without having previously accepted these Terms and Conditions, without having accepted the Privacy Policies of “BRAIN TOYS” or without having registered as a User as provided in Section Three.

2.2 By registering, you expressly acknowledge and agree to these Terms and Conditions. Also, the sole use of the Platform as a registered User expressly implies that you know and accept the latest version of these Terms and Conditions.

2.3 By accepting these Terms and Conditions, you warrant that:

– You will access the site and use the services on a voluntary basis and for the permitted purposes;

– Never have been convicted of a felony or similar criminal conviction in the country in which you reside;

– The information provided will be accurate and truthful and will keep updated the information you provide that may be inaccurate, misleading or false;

– You have the right, authority and capacity to enter into and be bound by these terms and conditions;

– You will not use the Site or the Services for any activity that infringes the intellectual property rights of any third party anywhere in the world.

In addition, you warrant and represent that you will not use the site or the services:

-In any manner that violates, or has the potential to violate, any local, state, national, foreign or international statute, regulation, rule, order, treaty or other law;

-Harass, stalk, harass or harm another individual, or collect, use or store personal data of other users without their consent by any method, including, but not limited to, the use of scripts, bots or web crawlers or scraping of any kind;

-Impersonating any person or entity or otherwise misrepresenting affiliation, connection or association with any person or entity;

-Interfering or attempting to interfere with or disrupt the networks connected to the Services or the proper working of the Services, including, but not limited to, sending a virus to the Services, causing an overload or flooding, sending spam or attempting to deny access to the Site, the Services or the server to any user;

-Use, or attempt to use, any data mining, robots or similar data gathering or extraction methods in connection with this site;

-Obtain, or attempt to obtain, unauthorized access to any portion of this site, or the Services, or any other account, computer system or network connected to the Services, whether through hacking, password mining or any other means, or attempt to cause technical damage by any means, including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software;

-To attempt or succeed in probing, scanning or testing system or network vulnerabilities or to breach site security or authentication measures without proper authorization;

-To disclose or attempt to disclose any personal or confidential information of any person or organization without first obtaining their consent or to solicit personal information from another person for commercial or unlawful purposes;

-To deliberately mislead us or any other person or organization, or to act fraudulently;

-For any activity that infringes intellectual property laws and the rights granted to rights owners, such as using copyrighted content (such as music, videos, photographs, images, etc.), trademarks, patents, trade secrets or other proprietary information, without first obtaining the consent of the rights owner (and providing us with proof thereof);

-Infringing or violating the rights of third parties, including intellectual property rights, anywhere in the world; or

-For any other purpose that we deem unacceptable and harmful, or potentially harmful, to any third party, another user of the Services, us, our partners, the Site or the Services in any way, including causing any physical or reputational harm or other intangible harm.

2.4 If you do not agree to these Terms and Conditions, you may not access the Platform or request Services from “BRAIN TOYS“.

2.5 In the event that you, as a User, violate in any way the terms and conditions described, “BRAIN TOYS“, reserves the right to immediately terminate the Terms and Conditions, modify them, and/or deny access to the Platform.

2.6 In the event of any infringement, and considering that the Users are aware of the terms and conditions, they shall not be entitled to any claim whatsoever.

2.7 “BRAIN TOYS” reserves the right to refuse service, terminate accounts or remove or edit content at its sole discretion.

2.8 We understand that minors may use our website to purchase our products. However, it is the responsibility of parents or legal guardians to supervise and approve purchases made by minors on our site. We do not sell products directly to minors. If you are a parent or guardian and you allow a minor to make a purchase on our site, you agree that you are fully responsible for supervising that transaction and you agree to these Terms on behalf of the minor.

THIRD: THE REGISTRY

3.1 In order to access the services offered by “BRAIN TOYS“, it is necessary for consumers to register in the form available at www.imanix.com.

3.2 Once logged in to the Website, you must register as a user/consumer, completing the registration with personal data such as full name, email address, home address, telephone number, which are necessary for the use of the Platform (the “Personal Data”).

3.3. The User assumes the commitment to indicate in the Register his/her Personal Data in an exact, precise and true manner, as well as the obligation to update his/her Personal Data every time there is a modification thereof.

3.4 In order to be a registered User, you must have a smartphone with an IOS or Android operating system.

3.5 The User/Consumer shall be solely responsible for the care and proper use of his/her Account, as well as for keeping his/her passwords protected.

3.6 The Personal Data entered by the Consumer in the Register must be accurate, current and truthful at all times. “BRAIN TOYS” reserves the right to request, at any time, any additional proof and/or data in order to corroborate the Personal Data indicated in the Register and to suspend, temporarily and/or definitively, any Consumer whose data does not match those registered in the User/Consumer’s account.

3.7 Notwithstanding point 3.6, above, “BRAIN TOYS” is not responsible for the accuracy of the data entered in the Register, since they are provided by the User / Consumer and are their sole and exclusive responsibility. In this sense the Consumer guarantees and responds, in any case, the truthfulness, accuracy, validity and authenticity of their Personal Data.

3.8. Los Datos Personales que el Consumidor proporcione se integrarán en una base de datos personales de la que es responsable “BRAIN TOYS”, teniendo sobre ellos el Usuario/Consumidor en todo momento los derechos consagrados en la Ley Nº 19.628 sobre protección de la vida privada.

3.9 It is hereby stated for the record that the data provided by the User/Consumer may be delivered to the corresponding authority by virtue of a judicial resolution or by express mandate of the corresponding supervisory entity.

FOURTH: PROCEDURE FOR USING THE SITE

4.1 The Company will inform, in an unequivocal and easily accessible manner, the steps that the Customer must follow to purchase the products offered through this site, and will inform the Customer via e-mail once the request to purchase the product has been received.

4.2 This request will go through a process of validation of the Customer’s data, collection of the products of the order based on the available stock and, finally, the sale will be closed by issuing the corresponding document, which will be sent to the Customer together with the dispatch of his order.

4.3 The mere fact that the User follows the steps indicated for such purposes on this site to make a purchase, is equivalent to accepting that the Company has effectively complied with the conditions contained in this clause. It shall also indicate its postal or e-mail address and the technical means available to the Consumer to identify and correct errors in the shipment or in its personal data.

FIFTH: USE OF THE PLATFORM

5.1 The User/Consumer is responsible for the cost of the connection through the telecommunications network provided by the contracted access provider (ISP).

5.2 The User/Consumer agrees to make proper and lawful use of the Platform in accordance with current legislation, these Terms and Conditions, morality and decency and the rules of public order.

5.3 The User/Consumer may only access the Platform through authorized means, upon acceptance of these Terms and Conditions and successful completion of the registration process in Section Three.

5.4 The User/Consumer is solely and exclusively responsible for: (a) the accuracy and completeness of the Personal Data entered in the Registration; and, (b) the use of his/her Account.

5.5 By accessing and using the Platform and during the provision of the Services, the User/Consumer agrees and undertakes to:

  • Use the Platform for your personal use
  • Not to attempt to damage or cause damage to the Service or the Platform in any way, or access restricted resources on the Platform.
  • Securely and confidentially store your Account password and any identification provided to enable you to access and use the Platform from the Platform.
  • Not to access and/or use the Platform with a device incompatible or not authorized by “BRAIN TOYS“, and by the corresponding authorities.
  • Not to attempt to access, use and/or manipulate the data of “BRAIN TOYS“, and/or other Users/Consumers.
  • Not to introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the Platform.
  • Not to authorize third parties to use your Account, being fully responsible for the acts that any other person performs on your behalf and / or through your Account, with or without your consent, releasing “BRAIN TOYS” from all liability in this regard.
  • Do not assign or otherwise transfer your Account to any other person or entity.
  • Not to use the Service for illegal purposes, contrary to the provisions of these Terms and Conditions, good faith and/or public order, harmful to the rights and interests of third parties including, without limitation, the transport of illegal material or for fraudulent purposes.

SIXTH: DURATION OF THE AGREEMENT

6.1. La duración de este acuerdo, comenzarán a entrar en rigor a partir del momento en que acceda por primera vez a la página web o utilice nuestros servicios y será vigente hasta que cancele su cuenta.

SEVENTHRESPONSIBILITIES

7.1 “BRAIN TOYS” shall in no case be liable for any damages of any kind that may result from the presence of viruses and / or other factors that may cause alterations in the physical and / or logical systems of the User / Consumer.

EIGHTH: EXCLUSION OF WARRANTIES AND LIABILITY

8.1 BRAIN TOYS” services, platform and applications are provided in the form in which they have been developed. In this regard, the risk as to the quality and performance of this site and the services rests with you.

BRAIN TOYS” expressly disclaims all warranties of any kind (express, implied or statutory) with respect to this site or any of our services, including, but not limited to, any implied or statutory warranties of merchantability, fitness for your particular use or purpose, title and non-infringement of intellectual property rights.

NINTH: INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

9.1 The User/Consumer acknowledges and agrees that all intellectual and industrial property rights on the contents and/or any other elements inserted in the Platform (including, without limitation, trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video), belong and are the exclusive property of “BRAIN TOYS“, not implying access to the Platform and/or acceptance of these Terms and Conditions, assignment of any rights in favor of the User/Consumer.

9.2 The User/Consumer undertakes not to carry out any act of decompilation, reverse engineering, modification, disclosure or supply on the Platform.

9.3 Any other use and / or exploitation of content and / or other elements inserted in the Platform other than those expressly provided herein, shall be subject to the prior written permission of “BRAIN TOYS“.

9.4 The content of the Portal, including, but not limited to text, graphics, images, logos, icons, software and any other material, hereinafter referred to as the “Material”, is protected under applicable industrial property and intellectual property laws. All Material is the property of “BRAIN TOYS“. It is prohibited to modify, copy, reuse, extract, exploit, reproduce, communicate to the public, make second or subsequent publications, upload or download files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in the Portal. Unauthorized use of the Material may constitute a violation of copyright laws, industrial property laws or other laws. No User may sell or modify the Material in any way, perform or publicly display the Material, or distribute the Material for commercial purposes. It is also not allowed to copy or adapt the HTML code that “BRAIN TOYS“,” creates to generate its website or platform, as it is protected by copyright. Any unauthorized use will be presumed as improper and may be punishable by law.

9.5 “BRAIN TOYS” trademarks and trade dress may not be used in connection with any product or service that is not “BRAIN TOYS“, if any, in any manner that is likely to cause confusion among Users or in any manner that disparages or discredits “BRAIN TOYS“.

TENTH: DATA PROTECTION

10.1 The Personal Data that the User/Consumer provides in his/her Registration will be integrated into a personal database for which “BRAIN TOYS” is responsible, and which will be administered in accordance with the rules set forth in Law No. 19.628 on Protection of Privacy.

10.2 The User/Consumer expressly authorizes “BRAIN TOYS” to store, save and process his/her Personal Data or to transfer or transmit them to servers located in the Republic of Chile or abroad, in accordance with Law Nº 19.628 and the Data Privacy Policy of “BRAIN TOYS“.

The personal data provided by Users may only be used by the Company to perfect sales contracts, receive payments and improve the work of information and marketing of products and services with Users, and may not be given to third parties unrelated to the Company.

10.3 At any time the User/Consumer may request the deletion of his/her Registration and Personal Data in accordance with Law No. 19.628 on the Protection of Privacy, by sending an e-mail to contacto@braintoys.cl.

ELEVENTH: NOTIFICATIONS

11.1 “BRAIN TOYS“, may make notifications to the User/Consumer through a general notification on the Platform, through a text message, or to the email address indicated by the Consumer in his/her Account.

11.2 The User/Consumer may notify “BRAIN TOYS“, by sending an e-mail to the address contacto@braintoys.cl.

TENTH SECOND: APPLICABLE LAW AND JURISDICTION

12.1 These Terms and Conditions, as well as the relationship between “BRAIN TOYS” and the User/Consumer, shall be governed by and construed in accordance with the legislation in force in the Republic of Chile.

12.2 For all legal purposes, the User/Consumer and “BRAIN TOYS” establish their domicile in the commune and city of Santiago de Chile, and extend jurisdiction to its ordinary courts of justice.

THIRTEENTH: ADVERTISING

13.1 Links to other websites owned by third parties are provided for your convenience only and “BRAIN TOYS” does not endorse, recommend or assume any responsibility for their content.

13.2 The User may request not to receive any further e-mails or other advertising-related notifications by contacting us.

FOURTEENTH: GENERAL RULES

Users may not use the Portal in order to transmit, distribute, store or destroy material (i) in violation of any applicable law or regulation, (ii) in a manner that infringes copyright laws, industrial property, trade secrets or any other intellectual property rights of third parties or in a manner that violates the privacy, publicity or other personal rights of third parties, or (iii) in a manner that is defamatory, obscene, threatening or abusive. This without prejudice to particular rules on the matter that are mandatory in each of the legal systems corresponding to the territories in which “BRAIN TOYS” will provide its service.

FIFTEENTH: COMPLAINT

In the event that any User or third party considers that there are facts or circumstances that reveal the unlawful nature of any content on the Website or its use, you should contact BRAIN TOYS through contacto@braintoys.cl, or through the contact details indicated on the Website and in these Terms of Use, always indicating (i) the personal data of the claimant (name, address, telephone number and email address) and (ii) the alleged unlawful activity carried out on the Website and its motivation that reveal such unlawful nature.

SIXTEENTH: EXCHANGE AND RETURN OF PRODUCTS

The Consumer has the right to demand the exchange of a defective product or the refund of the price paid for it in case it presents faults, and its legal or voluntary guarantees, in accordance with the law on protection of consumer rights, sending an email to contacto@braintoys.cl so that the product is withdrawn at the customer’s address. The withdrawal will have no cost for the customer, but must present the respective purchase receipt or exchange ticket to make effective the warranty, according to current legislation.

SEVENTEENTH: RIGHT OF WITHDRAWAL

In none of the sales concluded through this site the Consumer may withdraw from the contract, unless a specific offer expressly contemplates this possibility, subject to the conditions described therein. In those exceptional offers in which the right of withdrawal is contemplated, the term shall be 10 days from receipt of the product, as contemplated by the Chilean Consumer Protection Law.

EIGHTEENTH: SPECIAL OBLIGATIONS OF THE COMPANY

For sales made on this site, the Company will inform its e-mail address and the technical means available to the User to identify and correct errors in the shipment or in its data; and, if the electronic document in which the contract is formalized was filed, how it will be accessible to the Consumer. These obligations shall be deemed fulfilled by the fact that the User follows the steps indicated on the site to make a particular purchase.

NINETEENTH: MEANS OF PAYMENT THAT MAY BE USED ON THIS SITE

Unless a different form is indicated for specific cases or offers, the products offered on this site can only be paid with:

  1. Bank credit cards authorized for consumption, issued in Chile. The use of the referred cards shall be subject to the provisions of these Terms and Conditions and in relation to their issuer, to the provisions of the respective Opening Contracts and Regulations for Use. In case of contradiction, the provisions of the latter instrument shall prevail;
  2. Redcompra Cards enabled for consumption, issued in Chile. The use of the referred cards shall be subject to the provisions of these Terms and Conditions and in relation to their issuer, to the provisions of the respective Opening Contracts and Regulations for Use. In case of contradiction, the provisions of the latter instrument shall prevail;
  3. Bank debit cards enabled for consumption, issued in Chile. The use of the aforementioned cards shall be subject to the provisions of these Terms and Conditions and in relation to their issuer, to the provisions of the respective Opening Contracts and Regulations for Use. In case of contradiction, the provisions of the latter instrument shall prevail;

Furthermore, in the case of bank credit and debit cards accepted on this site, the aspects related to them, such as the date of issue, expiration, quota, blocking, etc., shall be governed by the respective Opening Agreement and Rules of Use, so that the Company shall have no liability in any of the aforementioned aspects. The site may indicate certain purchase conditions according to the means of payment used by the user.

  1. Electronic transfer to the current account informed by the Company to the User in the act of confirmation of the transaction to be carried out between said parties, when the requirements set forth in clause X, below, have been met.

TWENTIETH: DATA VALIDATION FOR PURCHASES IN IMANIX.CL

For security policies and according to what is stated in the Privacy Policy, in case of any irregularity in the transactions made by the Users through this site, the Company may contact the Customers by telephone or e-mail, in order to corroborate their data and try to avoid possible fraud. In case of not being able to establish contact with the Customers within twenty-four hours after the purchase has been made on this site, the purchase order will be rejected.

TWENTY-FIRST: FORMATION OF CONSENT IN CONTRACTS ENTERED INTO ON THE SITE.

In this site the Company will offer to the Users certain goods, which may be accepted by them electronically, with the mechanisms that the same site offers for this purpose. The acceptance of the offer by the User will be binding for the Company as long as it confirms the transaction, for which it will verify:

  1. That, at the time of acceptance of the offer, the species are available in stock;
  2. That the data registered by the Client on the site match those provided when accepting the offer;
  3. That the means of payment offered by the User is validated and accepted.

To inform the User of this confirmation, the Company shall send a written confirmation to the same e-mail address registered by the User accepting the offer, or by any means of communication that guarantees due and timely knowledge of the Consumer, which will be previously indicated on the same site. Consent shall be deemed to have been given and the transaction shall be binding on the parties from the moment the written confirmation is sent to the User, in the manner and at the place where it was sent.

TWENTY-SECOND: DISPATCH OF THE PRODUCTS.

Products purchased on this site shall be subject to the shipping and delivery conditions chosen by the User and available on the site. The information on the place of shipment is the sole responsibility of the User.

Delivery times: (Cyber / Black Friday)

  • Metropolitan Region: Up to 5 working days.
  • Regions: Up to 11 business days.
  • Extreme regions: Up to 14 working days.

Store pick-up: Up to 3 business days

  • Hours of operation:
  • Monday to Thursday from 10:00 a.m. to 6:30 p.m.
  • Friday from 10:00 to 16:00

TWENTY-THIRD: SCOPE OF THE OFFERS CONTAINED IN THIS SITE.

The prices offered will be available as long as they appear on the site. The Company may modify the information provided on this site, including the information on goods, prices, stock and conditions, at any time and without prior notice, until it receives an acceptance from the Consumer, which will bind the Company, provided that such acceptance has been confirmed by the Company in accordance with the procedure set forth in number X above.

In the event that the price of a product, due to an involuntary error by Braintoys, is published at a price lower or higher than its real value or there is no stock, the company will contact the user or customer to notify of the error, canceling the sale and returning the amount paid.

TWENTY-FOURTH: PROMOTIONS

In promotions consisting of the free or discounted delivery of one product for the purchase of another, the delivery of the good delivered free of charge or at a discounted price shall be made at the same place to which the purchased product is delivered, unless the purchaser requests, when accepting the offer, that the products be sent to different addresses, in which case he/she shall pay the value of the delivery of both products. It will not be possible to participate in these promotions without acquiring all the products included in them together.

TWENTY-FIFTH: LIABILITY

In no case “BRAINTOYS SPA will be liable for:
1. The improper use that Users or visitors to the Site may make of the materials displayed, industrial property rights and intellectual property rights.
2. Damages or eventual damages that may be caused to Buyers and/or Users by the operation of the search tools and errors generated by the technical elements of the Site or search engine.
3. Contents of the pages to which the Buyers or Users can access with or without authorization of “BRAINTOYS SPA“.
4. Access by minors or persons with disabilities, under the terms of the corresponding legislation, to the contents adhering to the contractual relationship arising from the Site.
5. Loss, misuse or unauthorized use of your validation code, either by the User and / or buyer Buyers, or third parties, after the purchase in the manner expressed in the Terms and Conditions. Also, the parties acknowledge and put on record that the computer platform provided by “BRAINTOYS SPA is not infallible, and therefore, during the term of this Contract may be verified circumstances beyond the control of “BRAINTOYS SPA that imply that the Site or the computer platform is not operational for a certain period of time.
6. Information of “BRAINTOYS SPA or its services found on sites other than www.braintoys.cl
In such cases, “BRAINTOYS SPA will try to restore the Site and the computer system as quickly as possible, without being held responsible for it.
BRAINTOYS SPA does not guarantee the availability and continuity of the operation of the Site nor that at any time and time, Users can access the promotions and offers of the Site.
BRAINTOYS SPA is not responsible for viruses or other elements in the electronic documents stored in the computer systems of the Users. “BRAINTOYS SPA will not be liable for damages caused to the Customer, arising from the improper use of the technologies made available to it, whatever the form in which these technologies are used improperly. “BRAINTOYS SPA will not be liable for damages caused to the Site by the improper use and bad faith of Users and / or Buyers. However, in the event of a double payment by a User or Buyer on The Site, “BRAINTOYS SPA will return the amount of the overpayment, within 3 days of receipt of the respective written claim of the User or Buyer, in which the original receipts of the additional payment to what was purchased are attached.

In Login, registration and communication with payment companies, “BRAINTOYS SPA uses digital security certificates (SSL), in order to encrypt communication. “BRAINTOYS SPA does not manipulate or store financial data of its customers.
In any case, the liability of “BRAINTOYS SPA“, contractual, extra-contractual or legal, with the Users, Buyers or visitors of The Site will not exceed the price actually paid by the Buyer in consideration for the product or service, without prejudice to what the Courts of Justice determine.
The Company disclaims any responsibility for information provided on other websites linked to this site.

The Company does not control or exercise any type of supervision when it includes the link in the same, assuming that its contents comply with the legislation in force and applicable in each case.


However, the use of links to other sites does not in any way imply responsibility for or ownership by the Company of the content of such sites. The Company does not perform any work with respect to the supervision or approval of the contents and information that are made in such pages. We advise visitors to act with caution and to consult the terms and conditions set forth in such web pages. The Company shall not be liable for any damages that may be related to the operation, availability and continuity of the linked sites.

POLICIES, MODIFICATION AND DIVISIBILITY OF THE WEBSITE

Please review our other policies posted on the Web Site. These policies will also govern your visit to “BRAINTOYS.CL“. We reserve the right to make changes to our Website, policies and these Terms and Conditions at any time. In the event that any of these conditions shall be invalid, void or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

AFTER SALES TERMS AND CONDITIONS

The present terms and conditions of After Sales are an integral part of the contract that each customer signs with BRAINTOYS SPA for the services and products mentioned therein, therefore they are understood to be accepted by the customer.

The after-sales warranty for all products is 6 months from receipt of the product and/or service.

The customer may opt for exchange, repair or refund if the product complies with the conditions set forth in the consumer law that dictate:

“That, in the cases indicated below, the consumer has the unwaivable right to choose, at his discretion, between the free repair of the good or, after restitution, its replacement or the refund of the amount paid:

  1. a) When the products subject to mandatory safety or quality standards do not comply with the corresponding specifications;
  2. b) When the materials, parts, pieces, elements, substances or ingredients that constitute or integrate the products do not correspond to their specifications or to the information on the labeling;
  3. c) When any product, due to deficiencies in manufacturing, processing, materials, parts, pieces, elements, substances, ingredients, structure, quality or sanitary conditions, as the case may be, is not entirely suitable for the use or consumption for which it is intended or for which the supplier has indicated in its advertising;
  4. d) When the supplier and consumer have agreed that the products covered by the contract must meet certain specifications and this does not occur;
  5. e) When after the first time the guarantee has been made effective and the corresponding technical service has been rendered, the deficiencies that make the good unfit for the use or consumption referred to in letter c) still exist. Notwithstanding the foregoing, it shall not be necessary to make effective the guarantees granted by the supplier to exercise the right established in this article. This right shall subsist in the event of the occurrence of a deficiency different from the one that was the object of the technical service, or if the same occurs again, within the terms referred to in the following article;
  6. f) When the thing that is the object of the contract has defects or hidden defects that make its customary use impossible;
  7. g) When the grade of the metals in the articles of goldsmiths’, jewelers’ and other articles is lower than that indicated therein”.

In all the above cases, they will be evaluated with the after-sales area if the requirements set forth in the law are met and verified by the customer in a reliable and timely manner and must be reported to contacto@braintoys.cl.

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