BENALMA S.A.S. is a company established under Colombian law, with its main office located in the city of Medellín. For the purposes of these terms, it will be referred to as THE OPERATOR AND OWNER OF THE PLATFORM, or in a shorter form, THE OPERATOR. It issues the following terms and conditions, which users and agents are recommended to read carefully for the proper use of our platform:

CONTRACTUAL RELATIONSHIP

These terms and conditions of use govern the commercial contractual relationship between Consumers accessing the virtual platform and THE OPERATOR, particularly regarding the authorization of use granted by the latter in favor of the former. It is expressly stated that users acknowledge that BENALMA S.A.S. does not provide transportation or logistics services or operate as a transport company. These transportation or logistics services are provided by independent third-party contractors who are not employees of BENALMA S.A.S. or any of its affiliates.

DEFINITIONS

• The Platform: A web and mobile application managed by THE OPERATOR or its designated party, allowing Consumers and Agents to connect so that, through agency contracts, the Consumer can request the management of a task directly.
• Data Messages: Information generated, sent, received, stored, or communicated through electronic, optical, or similar means, such as Electronic Data Interchange, the Internet, email, or related systems. These will be governed according to the provisions of Law 527 of 1999, Article 2.
• Electronic Commerce: Includes the sending, transmission, reception, and storage of data messages via electronic means. Questions regarding the validity and enforceability of data messages and related e-commerce activities will be interpreted according to Law 527 of 1999.
• Cookies: Text strings sent virtually and stored through the use of the Platform by the Operator, used to track user activities and preferences.
• Legal Age: A natural person aged eighteen (18) years or older, authorized under Colombian law to enter into contracts and acquire products.
• Consumers: Any natural or legal person who, as the end user, uses the Platform to request a paid agency service. This task involves entering into a purchase contract or any other legal contract to acquire goods or services from a third party through the Platform.
• Agent: A natural person who agrees to carry out the task requested by the Consumer through the Platform provided by THE OPERATOR.
• Platform Operator: The entity responsible for operational and functional management of the Platform, represented in these terms by BENALMA S.A.S. or any person (natural or legal) designated under a validly established contract. This designation does not imply joint liability between BENALMA S.A.S. and the designated operator.
• Personal Data: Any information that can identify or make an individual identifiable for the purpose of fulfilling an agency agreement.
• Paid Sales Contract Conducted Electronically: An agreement between the Consumer and the vendor, whereby the Consumer, through the Platform provided by the Operator, requests the management of a task from the vendor. The vendor undertakes to fulfill the task on behalf of and at the risk of the Consumer in exchange for remuneration.
• Interaction on the Platform: The ability of Consumers to access the Platform to explore products and services exhibited by THE OPERATOR, view advertisements provided on the Platform, and express their intention to request a task to be fulfilled by an Agent. Under no circumstances does this mandate involve BENALMA S.A.S..
• Email (E-MAIL): All communications and/or notifications sent via a WEB messaging server will be sent through accounts authorized by BENALMA S.A.S., absolving responsibility for information provided by third parties not part of THE OPERATOR’s communications team.
• Payment Gateway: A service enabling Consumers to make payments directly to Agents through electronic means using authorized technology platforms (electronic software) or cash, as chosen by the Consumer.
• Product: A consumable good displayed on the Platform by a third-party supplier unrelated to THE OPERATOR.
• Service: Services displayed on the Platform, directly provided by Agents registered and benefiting from BENALMA S.A.S.’s platform. Under no circumstances is the latter responsible for the production or assembly of these services.
• Purchase Summary: A communication sent to the Consumer once the contracted agency service is completed. It provides a detailed account of the task, product, payment method used via the payment gateway, agent details, and task specifics (date, time, duration, and amount paid). This does not constitute a purchase invoice or service bill but is merely a summary of what occurred on the Platform and will be attached to the user’s history.
• Advertising: Any form of communication carried out by THE OPERATOR to provide information about products, commercial activities, and marketing or promotional campaigns, whether its own or third-party. It is understood as a reference mechanism and not as a public offer that implies acceptance of a legal transaction.

• Terms and Conditions of Use of the Platform

  These terms regulate how Consumers use the Platform, the contractual relationships that may arise between Consumers and Agents, and the terms for Agents’ participation in the Platform.

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  OBJECT OF THE TERMS AND CONDITIONS

  These terms and conditions govern the authorization granted by the Operator to Consumers, allowing them to access the virtual platform, review product and service offerings as references, and request task management services through agency contracts with Agents, who are ultimately responsible for directly providing the requested services.

  Through the Platform, the Operator performs the following functions:

  • Displays various consumer products and services as advertisements to serve as references for Consumers.
  • Establishes agreements with different product and service providers to facilitate their acquisition through direct advertising.
  • Enables connections between Consumers and Agents for contractual relationships through a purely intermediary activity.
  • Provides access to the Platform for these purposes, including a payment gateway.
  • Acts as a medium for communications between Consumers and Agents via data messaging (CHAT) or contact through telephone links. The Platform itself does not offer mobile telephony services.
  • Offers geolocation services to track the Agent’s route while completing the requested task.

  The contractual relationship between Consumers and Agents applies to Consumers located within national territory or those abroad requesting tasks to be carried out in Colombia. Payment for services must be in local currency (COP) through electronic payment systems like PayU or in cash upon delivery of the products, as chosen by the Consumer via the Platform.

  The Platform displays products for which purchasing tasks are assigned by Consumers to vendors. The products are intended to satisfy personal, private, or family needs. These purchases are not for commercialization, resale, or any other type of commercial transaction. The Operator is not responsible for offering any commercial guarantees that bind BENALMA S.A.S. directly.

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  TITLE I: TECHNOLOGICAL PLATFORM

  The Platform can be accessed free of charge through the following:

  1. A webpage available at https://ahlifragrances.com.
  2. Other online channels provided by BENALMA S.A.S.

  These means are collectively referred to as THE PLATFORM in these terms. Consumers are authorized to use the Platform exclusively for personal purposes. This does not grant any license for the underlying technology, as the Platform serves as an intermediary.

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  TITLE II: CHANGES TO THE TERMS AND CONDITIONS

  BENALMA S.A.S. reserves the right to modify these Terms and Conditions periodically. Any changes will be communicated by making the updated version available on this webpage and indicating the date of the last revisions at the top of the page. Consumers are encouraged to review these Terms regularly, as revised versions will be binding. Changes become effective upon publication. By continuing to access or use the Site after modifications, you acknowledge and accept the updated terms.

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  TITLE III: USE OF THE SITE

  A. Permission to Use the Site

  You are granted permission to use the Site subject to these Terms and Conditions. BENALMA S.A.S. may revoke this permission at any time for conduct deemed inappropriate or for any breach of these Terms, including the Restrictions outlined in Section 4. Use of the Site is at your own risk, including exposure to content that may be offensive, indecent, inaccurate, or otherwise objectionable.

  B. Site Availability

  The Site may be modified, updated, interrupted, or suspended at any time for any reason or no reason, without prior notice or liability on the part of BENALMA S.A.S..

  C. User Accounts

  You may need to register to access certain parts of the Site. BENALMA S.A.S. reserves the right to reject or require changes to any username, password, or information provided during registration. Your username and password are for personal use only and must remain confidential. You are responsible for all activities under your username and password and must notify us immediately of any breach of confidentiality or unauthorized use of your account.

  We reserve the right to terminate your account at our sole discretion, at any time, and for any reason. Additionally, we may disclose your identity (including information we hold about you) in response to a complaint or legal action arising from any content posted by you or as necessary to protect safety.

TITLE IV: CONTENT

A. Responsibility for Your Content

You are solely responsible for the content of your messages and agree to indemnify and hold BENALMA S.A.S. and its agents harmless from any claims arising from the transmission of your messages and/or posts. We reserve the right to remove any message for any reason or no reason at all.

B. Rights of BENALMA S.A.S. to Use Your Content

By posting messages, uploading files, entering data, or engaging in any form of communication through the Site, you grant BENALMA S.A.S. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide, and fully transferable license to:

1. Use, copy, license, adapt, transmit, publicly perform, or display any such communication; and
2. Grant third parties the unlimited right to exercise any of the aforementioned rights concerning the communication.

These rights include exploiting any proprietary rights in such communications, including but not limited to copyrights, trademarks, service marks, or patent rights in any relevant jurisdiction.

C. Ownership

All materials on the Site, including but not limited to text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software, are owned, controlled, or licensed by BENALMA S.A.S. and are protected by copyright, trademark, and other intellectual property laws. Materials on the Site are available for personal, non-commercial use only and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any manner without the prior written consent of BENALMA S.A.S..

You may download materials intentionally made available for download on the Site for personal, non-commercial use only.

TITLE V: RESTRICTIONS

The following rules, policies, and disclaimers apply to your use of the Site (including but not limited to any bulletin boards, chat rooms, or other online services provided on the Site).

While BENALMA S.A.S. does not actively monitor content posted by users, it does not endorse or guarantee the validity, accuracy, or completeness of any messages or information posted. Content posted by users does not represent the views of BENALMA S.A.S. or its affiliates.

If you find any content objectionable, you are encouraged to contact us via email. We will make reasonable efforts to remove such content if deemed necessary.

A. Prohibited Actions

You agree not to use, assist, encourage, or permit others to use the Site to:

• Post false, defamatory, abusive, obscene, profane, hateful, harassing, sexually explicit, threatening, or unlawful content.
• Infringe on third-party copyrights, trademarks, or other intellectual property rights.
• Upload harmful software such as viruses, worms, or trojans.
• Engage in unauthorized commercial activities, such as sales or contests, without prior written consent.
• Collect personal information for commercial or illegal purposes.
• Request personal information from minors.
• Send bulk emails or engage in keyword spam to manipulate search results.
• Impersonate another individual or entity.

B. Additional Restrictions

You further agree not to:

• Restrict or inhibit other users from using the Site.
• Use automated tools such as bots or scrapers to access or index the Site.
• Remove or alter copyright, trademark, or other proprietary notices.
• Extract or harvest information about other users.
• Reformat or frame parts of the Site.
• Overburden the Site’s infrastructure or make excessive demands on its traffic.
• Attempt unauthorized access to the Site or related networks.
• Interfere with the proper functioning of the Site using software or devices.
• Violate any network security measures or disrupt Site functionality.
• Disable or interfere with Site security features or functionalities that restrict content use or enforce limitations.

TITLE VI: THIRD-PARTY SITES

The Site may include links to other websites or applications (each, a “Third-Party Site”). Unless otherwise stated, BENALMA S.A.S. does not operate, control, or endorse any information, products, or services on any Third-Party Site. You acknowledge and agree that we are not responsible for the availability or content of Third-Party Sites and that your use of such Third-Party Sites is at your own risk.

TITLE VII: SANCTIONS

You agree to indemnify, defend, and hold harmless BENALMA S.A.S. and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from any and all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from:

1. Your access to or use of the Site.
2. Your violation of these Terms.
3. Your use of any product or service purchased or obtained in connection with the Site.
4. Any infringement by you, or by a third party using your account, of any intellectual property or other rights of any person or entity.

TITLE VIII: DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

Please read this section carefully as it limits the liability of BENALMA S.A.S., its subsidiaries, affiliates, and licensors. Each of the following subsections applies only to the maximum extent permitted by applicable law. Nothing herein is intended to limit any rights you may have that cannot be legally limited.

• The Site is provided to you “as is,” “with all faults,” and “as available.” Your use of the Site is at your sole discretion and risk.
• BENALMA S.A.S. makes no representations or warranties about the quality, accuracy, reliability, security, or content of the Site. Consequently, BENALMA S.A.S. is not responsible for any loss or damage that may arise from your use of the Site.
• BENALMA S.A.S. expressly disclaims all warranties, whether express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. You assume full responsibility and risk for your use of the Site.
• BENALMA S.A.S. does not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or any Third-Party Sites, or the servers that make them available, are free of viruses or other harmful components.
• BENALMA S.A.S. does not warrant or make any representations regarding the use or the results of the use of the materials on the Site or any Third-Party Sites.

TITLE IX: PROHIBITION BY PLACE OF ORIGIN

Although this Site is accessible worldwide, not all products or services mentioned or referenced on this Site are available to all persons or in all geographic locations. BENALMA S.A.S. reserves the right, at its sole discretion, to limit the provision and quantity of any product or service to any person or geographic area as it deems fit.

Any offer for any product or service made on this Site is void where prohibited by law.

TITLE X: PURCHASES

If you wish to purchase products or services described on the Site, you may be required to provide certain information, including credit card or other payment information. By initiating a transaction, you represent and warrant that:
(A) You are at least eighteen (18) years of age, and
(B) You have the legal right to use the payment method you select.

You agree that all information you provide will be accurate, complete, and up to date. You agree to pay all charges, including shipping and handling fees, incurred by users of your credit card or other payment method at the rates in effect when such charges are incurred. You will also be responsible for paying any applicable taxes related to your purchases.

BENALMA S.A.S. reserves the right to change the price and availability of any product(s) or service(s) at any time without prior notice. BENALMA S.A.S. does not offer refunds for temporary or permanent price drops after a purchase made at higher prices. All sales of digital content are final.

TITLE XI: RULES FOR PROMOTIONS

Any contests, sweepstakes, surveys, games, or similar promotions (collectively “Promotions”) available through the Site may be governed by specific rules separate from these Terms. By participating in any such Promotions, you will be subject to those rules, which may differ from the terms set forth in this document.

BENALMA S.A.S. advises you to carefully review any specific rules applicable to a particular Promotion and to review our Privacy Policy, which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the rules of a Promotion conflict with these Terms, the rules of the Promotion shall prevail.

TITLE XII: GOVERNING LAW AND VENUE

These Terms shall be governed by and construed in accordance with the laws of Colombia, excluding its conflict of law rules. Each party submits to the exclusive jurisdiction of the national courts located throughout the territory of Colombia and waives any objection to jurisdiction, venue, or forum.

Furthermore, each party agrees that any claim to enforce these Terms must be initiated within two (2) years after the cause of action arises.

TITLE XIII: GENERAL TERMS

These Terms constitute the entire agreement between you and us concerning your use of the Site and supersede any prior agreements between you and us on this subject matter.

A. The parties acknowledge that no reliance is placed on any representation not expressly contained in these Terms.
B. We may send notices, including those regarding changes to these Terms, via email, postal mail, or communications through the Site.
C. Any failure by BENALMA S.A.S. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The exercise of any right provided herein by any party shall not be deemed a waiver of any other rights under this document.

TITLE XIV: DESIGNATED AGENT UNDER LAW 1915 OF 2018 AND LAW 23 OF 1982

The Copyright Law provides a mechanism to notify service providers of claims regarding the unauthorized use of copyrighted materials. Under the DNDA, a claim must be sent to the designated agent of the service provider.

If you have a good faith belief that BENALMA S.A.S. should be notified of a possible online copyright infringement concerning any of its sites, please notify the designated agent at:
Medellín, Antioquia – Legal and Commercial Affairs Department, BENALMA S.A.S.

Please note that, to be effective, your claim notification must meet the detailed requirements established by law. We encourage you to review these requirements before submitting your claim notice.

TITLE XV: FULL ACCEPTANCE OF TERMS AND CONDITIONS

The consumer expressly declares having the legal capacity to use the platform and to enter into commercial transactions that may arise with affiliated parties. Similarly, the consumer declares that the information provided is real, truthful, and reliable.

Consequently, the consumer expressly states that they have read, understand, and accept the provisions regulated in this document of Terms and Conditions of Use of the Platform, and therefore commit to fully comply with the duties, obligations, actions, and omissions expressed herein.

Consumers from other countries who choose to use the platform in Colombia for their orders and services fully accept the provisions set forth in this document.

TITLE XVI: PRIVACY NOTICE OF BENALMA S.A.S.

To comply with Laws 1266 of 2008, 1581 of 2012, and Decree 1377 of 2013, as well as other related regulations regarding the handling of personal data, BENALMA S.A.S. informs consumers that the data provided will be processed in accordance with this Privacy Notice and the company’s PERSONAL DATA PROCESSING POLICY published on its virtual platform.

BENALMA S.A.S. is responsible for the processing of personal data. Accordingly, it will maintain the storage of such data and comply with their confidentiality, adhering to the legal requirements and security measures established by law.

The data subject expressly, voluntarily, and knowingly accepts that the data entered into the platform’s databases will be collected for the following purposes:

• To collect and store personal data in our database to maintain the user’s consumption history.
• To use the data provided in communication campaigns, dissemination, promotions, or offers of products, activities, or services developed as part of the company’s internal strategies.
• To maintain historical records of the company and contact data subjects.
• To study and analyze the provided information for the monitoring and improvement of products, services, and user care, both on the platform and by its representatives.

COOKIE POLICY

1. BASIC PRELIMINARY INFORMATION

BENALMA S.A.S. informs you clearly and transparently, in accordance with current legislation, that this website uses cookies to provide technological support to the platform.

The website uses cookies and/or similar functioning files to improve user experience, facilitate navigation, and offer the best services.

Cookies cannot harm your device and are very useful as they help us identify and resolve errors while displaying advertisements tailored to your browsing habits.

BENALMA S.A.S. uses its own cookies as well as cookies from partner companies (third parties) of various types, which are detailed below.

2. WHAT ARE COOKIES?

Cookies are small text files that are stored/downloaded on the internet user’s device when visiting and accessing certain web pages.

The website operator determines the type of information contained in the cookie and its purpose. It can also be used by the web server each time you visit the website.

Cookies are used to save time by retrieving information to facilitate user recognition and make the web browsing experience much more efficient, suitable, and faster.

However, they can serve several different purposes, ranging from remembering login information to storing items in a shopping cart.

Cookies are linked to the browser used and do not, by themselves, provide personal data.

There are many guides explaining what cookies are and how they are used. Here, we explain how cookies affect this website.

3. HOW AND WHY DO WE USE COOKIES?

This website only uses cookies that you allow us to use. You can control your cookies through your browser. More information on this is provided later.

BENALMA S.A.S. uses cookies, either directly or through third parties, to analyze the following parameters:

• The number of users accessing the website, enabling us to perform a statistical analysis of website usage.
• To ensure the proper functioning of the website.
• To improve our services and products.
• To store user preferences.
• To determine the time spent on the website.
• To identify the most visited sections to display more personalized content.

4. WHAT TYPES OF COOKIES DO WE USE?

We have utilized existing guides to classify the cookies we use into several groups:

I. Performance Cookies
These cookies collect information about how you use the website (e.g., pages you visit or errors that occur) and help our website identify and resolve problems. All information collected by these cookies is entirely anonymous and helps us understand how the site works so we can make improvements to facilitate your navigation.

These cookies allow:

• You to browse the site.
• The website to gather information on how you use it to understand usability and help us implement necessary improvements.

These cookies will not collect any information about you that could be used for advertising purposes or any details about your preferences (such as your user data) beyond that particular visit.

II. Functional Cookies
The purpose of these cookies is to improve your experience on this website. You can reject the use of these cookies at any time. Our website uses these cookies to remember certain configuration parameters or provide certain services or messages that may enhance your experience.

For example, they remember the country or language you selected when visiting the pages, and they are not used for marketing purposes.