Terms of use and Cookies Policy from the Constructive Imaginary website
1. OWNERSHIP OF THE WEBSITE AND ACCEPTANCE OF THE TERMS OF USE
The reading and acceptance of these TERMS AND CONDITIONS OF USE (hereinafter, the "Terms of Use") is a necessary condition for the use of the services of the web www.imaginarioconstructivo.com.
The Terms of Use constitute General Conditions of Contract, have a contractual and mandatory nature and govern the relationship between every user of the Website with IMAGINARIO CONSTRUCTIVO (hereinafter, "Imaginario Constructivo"), a company of Colombian nationality, domiciled at calle 52D number 74-13 in Itagüí Antioquia, Colombia, registered in the Mercantile Registry of Itagüí, with email: imaginariomundos@gmail.com and telephone 305 373 38 56.
The use of this Website and its services implies full acceptance of the provisions included in these Terms of Use in accordance with the version published by Imaginario Constructivo at the time the User accesses the Website. The use of the services offered to Professionals (as defined in clause 2 "Description of the Service") through the Website is subject to its own particular conditions that, depending on the case, substitute, complete and / or modify These Terms of Use. Therefore, prior to using said services, the Professional must also carefully read and accept the corresponding particular conditions, if applicable.
2. DESCRIPTION OF THE SERVICE
The purpose of the Website is to offer a service with advertising that allows professionals, companies, shops and brands that provide services related to the sector of design and decoration of educational, recreational, relaxing and rest spaces (hereinafter, "Professionals" or individually considered, "the Professional") announce and publicize its services with clients who require those specific services (hereinafter, "the Clients", or individually considered, "the Client"). Likewise, Clients can announce their budget requests, so that interested professionals can contact them to provide them with information about those services.
Imaginario Constructivo offers its Clients information about professionals, companies, stores and brands related to the sector of design and decoration of spaces for the home, schools, hotels as well as the possibility of requesting quotes from professionals and contacting them. In addition, the service includes information about the Professionals, since the Clients can publicly comment on the Website about the service offered by the referred Professionals.
Constructive Imaginary gives the possibility for the client to individually hire professionals and experts who are not directly related to work with Constructive Imaginary. Imaginario Constructivo does not intervene in any case in the negotiations carried out between Client and Professional, remaining outside of them at all times, nor in the execution of the works agreed between Client and Professional, for which it is not responsible, in any case, of the work carried out by the Professional to the Client, nor of the fulfillment of the Client's obligations to the Professional, expressly exempting the Client and the Professional to Imaginario Constructivo from any disagreement that may arise between them.
3. AGE AND LEGAL CAPACITY
The Website is aimed at people of legal age who have full legal capacity and to act necessary for its use. Minors under 18 years of age are not authorized to use the Website, or its services, so IMAGINARIO CONSTRUCTIVO reserves the right to unsubscribe and cancel the data of those Users who, having been required to do so, do not prove to the satisfaction of IMAGINARIO CONSTRUCTIVO that they are of legal age.
4. USER REGISTRATION
CONSTRUCTIVE IMAGINARY conditions the use of some of the services to the prior implementation of the corresponding User records, either as a Professional or as a Client, having to indicate at least the information marked with an asterisk and choose a username and an identifying password. The User can unsubscribe from the IMAGINARIO CONSTRUCTIVO registry at any time by writing to Attention@imaginarioconstructivo.com. The User agrees to keep their username and password and to keep them confidential, as well as to use them with due diligence. The User agrees to notify IMAGINARIO CONSTRUCTIVO as soon as possible of the unauthorized use of their username and password or any other security failure. IMAGINARIO CONSTRUCTIVO will not be responsible for damages or losses that may arise due to non-compliance or lack of diligence in the fulfillment of this obligation on its part.
The User is solely responsible for the information provided in their registration, guarantees that the data provided to IMAGINARIO CONSTRUCTIVO are true and up-to-date and is responsible for communicating to Imaginario Constructivo any modification thereof and keeping all the information provided updated. so that it responds at all times to its real situation.
5. QUOTE REQUEST
Imaginario Constructivo offers Clients the possibility of requesting quotes from Professionals who advertise themselves. For this, the registered Client provides the information and characteristics of the work on which he wishes to request a quote and undertakes that it is truthful and adjusted to reality. In any case, the Client or the Professional will be solely responsible for the false or inaccurate information that they provide and for the damages that could be caused to Imaginario Constructivo or third parties by said information.
By requesting a quote, the Client consents that their contact details and the content of their request are transferred to third parties. Thus, Imaginario Constructivo will provide this data to, at least, three Professionals, in order for them to contact him to provide the requested budget or information about the requested service. Such communication of personal data is necessary to carry out the service requested by the User and is regulated in the Privacy Policy, which can be consulted clicking here .
It is possible that in a certain geographical area of the department of Antioquia Imaginario Constructivo it does not have contacts of Professionals who can provide the requested service. In such cases, Imaginario Constructivo will look for other similar companies that may be able to provide this service.
In the event that the Client wants their data to be provided to any of these companies for the stated purpose, they must indicate it in writing. Based on the information provided by the Client and, where appropriate, the visit made by the Professional, the latter makes a budget that will be binding on the Professional if accepted, unless the job description does not correspond to the reality has not provided the complete information or an estimated or indicative budget has been provided by the Professional. In this case, the Professional may modify the budget according to the reality of the work to be carried out.
The Client is not obliged to accept any budget that has been provided by Professionals contacted through Imaginario Constructivo.
The Client may inform Imaginario Constructivo of any irregularity detected with respect to the Professionals who are advertised through the Website, although Imaginario Constructivo is not responsible for the work or professionalism of the Professionals advertised on the Website. If Imaginario Constructivo becomes aware that any User is violating current legislation, it will immediately proceed to block access.
6. MODIFICATION OR ELIMINATION OF PROFESSIONAL INFORMATION
The User may exercise their rights of access, rectification, cancellation and opposition by sending an email to atencion@imaginarioconstructivo.com For more information on the use of Imaginario Constructivo on the data it receives, consult our Privacy Policy .
7. USE OF THE SERVICES AND THE WEBSITE
Users agree to use the services offered through the Website in accordance with current legislation, these Terms of Use, the particular conditions that are specified for certain services and other notices and instructions made known to them, as well as with the morals and generally accepted good customs and public order.
Users renounce to use any of the materials and information contained in this Website for illegal purposes or expressly prohibited in these Terms of Use as well as the particular conditions that, where appropriate, are enabled, or against the rights and interests of Imaginario Constructivo, its members or third parties and must respond to them in case of contravening or breaching said obligations or, in any way (including the introduction or spread of "computer viruses") damage, disable, overload, deteriorate or prevent the normal use of the materials and information contained in the Website, the information systems or the documents, files and all kinds of content stored on any computer equipment (hacking) of Imaginario Constructivo, its members or any User of the Website.
Anti-spamming policy of the Website
Users are obliged to refrain from:
Collect data for advertising purposes and to send advertising of any kind and communications for sale or other commercial purposes.
Make available to third parties, for any purpose, data collected on the Website.
Users or third parties harmed by the receipt of unsolicited messages may report such circumstance by sending a message to the following email address atencion@imaginarioconstructivo.com
Suspension or revocation of the User
If Imaginario Constructivo considers that the User breaches these Conditions, it reserves the right to suspend or revoke their registration and the right to access or use the Website at any time and without responsibility or need to inform the User.
Imaginario Constructivo may use any operational, technological, legal or other method available to comply with these Conditions (including, without limitation, blocking IP addresses).
Imaginario Constructivo may notify the User about the blocking or cancellation of their access to the Website, although it is not obliged to do so.
8. OPINIONS
Clients may insert opinions and comments regarding Professionals registered in the Directory of Professionals. Said opinions may be based on those services provided as a result of the use of the Website or on those performed outside the Website. Imaginario Constructivo reserves the right to publish, extract, summarize or abbreviate the content of the opinions made by Clients.
The User agrees not to transmit, disseminate or make available to third parties content or comments or opinions that, merely indicative and not exhaustive:
In any way, they are contrary, disparage or attempt against fundamental rights and public freedoms recognized constitutionally, in international treaties and in the rest of the current legislation.
Induce, incite or promote criminal, denigrating, defamatory, infamous, violent actions or, in general, contrary to the law, morals and generally accepted good customs or public order.
Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
Do not take into account the goods or services developed by the Professional or comments that do not have any qualitative value (for example, “the work has not been completed yet”).
Incorporate, make available or allow access to products, elements, messages or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order.
Induce or may induce third parties to an unacceptable state of anxiety or fear.
Are injurious, offensive or degrading.
They do not correspond to the work developed by the Professional.
Are contrary to the right to honor, personal and family privacy or the image of people.
Infringe the regulations provided for the secrecy of communications.
Are related to the advertising of sites that are the competence of the Website or its advertisers.
Are false or do not correspond to reality.
Whether it is illegal, misleading or unfair advertising.
They cause, due to their characteristics (such as format, extension, etc.) difficulties in the normal functioning of the services.
Imaginario Constructivo reserves the right to withdraw from the Website all those comments and opinions that are not in accordance with these Terms of Use. Imaginario Constructivo is in no way responsible for the contents or opinions expressed by a User on the Website.
Likewise, Imaginario Constructivo reserves the right to modify the content published by the Professional on the Website, for the sole advertising purposes of giving it a better presentation and distribution on the Web, and to highlight the characteristics of the services offered, as well as to adapt the content to the style and quality standards of Constructive Imaginary. To this end, the Professional authorizes Imaginario Constructivo to, free of charge, make said modifications or adaptations, to freely reproduce, distribute, advertise or exploit by any form or means said content published by the Professional, waiving any rights of economic content that may correspond, as compensation or any other title.
9. PRIVATE MESSAGING
Imaginario Constructivo makes available to Users a private messaging service that allows them to communicate with each other. Users undertake not to include in these messages content that is contrary to the law and these Conditions.
Imaginario Constructivo may not control or review the contents that are published in said private messages by Users, so the User will be solely responsible for the text sent by this means, in front of Imaginario Constructivo and in front of third parties.
However, Imaginario Constructivo, as the owner of the Website, may, at its sole discretion and needs, have access to said private messages, including reading, control and recording, of User activity, an action that Users are aware of. and accept. In particular, and when using the Website, private messaging, Users give their express consent to the monitoring or recording of their activity, and acknowledge that they have no expectation of privacy regarding the transmission of communications through the different means provided. by Imaginario Constructivo through the Website.
Imaginario Constructivo is not responsible in any case for the information provided by the Users or for its veracity or relevance, the content and information provided being the sole responsibility of the person issuing it.
10. EXPERT CHANNEL
Imaginario Constructivo offers Users a channel (hereinafter "the Expert channel") that allows them to communicate with other Users, ask questions and answers in relation to the design and decoration of spaces. Users undertake that the messages included in the Expert channel are subject to these Conditions.
Imaginario Constructivo reserves the right to moderate, eliminate or extract the contents that Users publish in the Experts channel, an end that the User expressly admits. Imaginario Constructivo reserves the right to refer to the Expert Channel all those questions or issues raised by Users that, due to their scope or content, are not related to the material execution of a work or the request for a budget by a Professional .
Users who send messages to the Experts channel give their express consent to the monitoring or recording of their activity, as well as to the moderation and publication of those contents that they send to the channel, and acknowledge that they have no expectation of privacy regarding the transmission of content to the Expert Channel.
Imaginario Constructivo is not responsible in any case for the information provided by the Users in the Expert Channel or for its veracity or relevance, the content and information provided being the sole responsibility of the person issuing it.
11. PRIVATE NOTES
Constructive Imaginary makes a private notes service available to Professionals, which allows them to write down their comments and follow up on those works or budgets of interest to them. Imaginario Constructivo may not control or review the contents that are published in said private notes by the Professionals.
However, Imaginario Constructivo, owner of the Website, may, at its sole discretion and needs, have access to said private notes, including the reading, control and recording of the Professional's activity, an end that Professionals know and accept. In particular, and by using the Website and the private notes service, Professionals give their express consent to the monitoring or recording of their activity, and acknowledge that they have no expectation of privacy regarding the private notes they generate.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY
Imaginario Constructivo is the owner of the domain name www.imaginarioconstructivo.com The Website in its entirety, including without any exclusion its design, structure and distribution, texts and content, logos, buttons, images, drawings, trademarks, trade names, code source, creatives, as well as all intellectual and industrial property rights and any other distinctive sign, belong or have as assignee Imaginario Constructivo or, where appropriate, the natural or legal persons listed as authors or holders of the rights or of its licensors, without it being understood that the use and access to the Website and the use of its services attributes to the User any right over the aforementioned elements. The User agrees to respect these rights.
Material published by Users
The User is the owner of all the material that he publishes on the Website, as long as he is really the legitimate owner of what he publishes. By publishing it, the User guarantees that he has permission to do so and automatically grants a non-exclusive, continuous and universal license to Imaginario Constructivo so that he can use it. Imaginario Constructivo may assign or transfer the aforementioned license to its affiliates and successors without the User's consent being necessary. Imaginario Constructivo reserves the right to reveal the identity of the User to third parties who claim that the material published on the Website violates their intellectual property, privacy or other rights.
Imaginario Constructivo will not assume any responsibility regarding the intellectual or industrial property rights owned by third parties that are infringed by a User.
The reproduction, exploitation, alteration, distribution or public communication of the Website for uses other than legitimate information or contracting by the Users of the services offered is prohibited.
By using the Website, the User acknowledges that he or she does not have any property or license rights over them.
Imaginario Constructivo informs of the existence of a system for claiming rights over the content published on the site, by sending an email to the following: narrativa@imaginarioconstructivo.com.
13. COOKIES POLICY
The Website may use cookies when a User browses its sites and web pages.
A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of a User or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize to user.
The cookies that a website can use are of the following type:
Own cookies: are those that are sent to the User's terminal equipment from a computer or domain managed by the editor itself and from which the service requested by the User is provided.
Third-party cookies: are those that are sent to the User's terminal equipment from a computer or domain that is not managed by the publisher, but by another entity that processes the data obtained through cookies.
Session cookies: these are a type of cookies designed to collect and store data while the User accesses a web page.
Persistent cookies: these are a type of cookies in which the data is still stored in the terminal and can be accessed and processed during a period defined by the person responsible for the cookie, which can range from a few minutes to several years.
Analysis cookies: they are those that, well treated by Imaginario Constructivo or by third parties, allow us to quantify the number of Users and thus carry out the statistical measurement and analysis of the use that Users make of the service offered. For this, your browsing on our website is analyzed in order to improve the offer of products or services that we offer you.
Advertising cookies: are those that allow the management, in the most efficient way possible, of the advertising spaces that, where appropriate, the editor has included in a web page, application or platform from which the requested service is provided based on criteria such as edited content or how often ads are shown.
Behavioral advertising cookies: they are those that allow the management, in the most efficient way possible, of the advertising spaces that, where appropriate, the editor has included in a web page, application or platform from which the requested service is provided. These cookies store information on the behavior of Users obtained through the continuous observation of their browsing habits, which allows the development of a specific profile to display advertising based on it.
Currently this site does not use cookies, other than those essential to enable navigation on the site, those used by the Google Analytics service and Google AdSense, for the collection of statistical and analytical information and related to the insertion of behavioral advertising.
Regarding third-party cookies, the service providers with whom we have contracted a service for which the use of cookies is necessary are:
"Google Analytics": Analysis tool that allows us to collect data for statistical purposes such as: date of first visit, number of times it has been visited, date of last visit, URL and domain from which it comes, browser used and resolution of the screen. Google Analytics advertiser features are also enabled, including: remarketing with Google Analytics, Google Display Network impression reports, Google Analytics demographic and interest reporting, integrated services that require Google Analytics to collect. data using Google advertising cookies and anonymous identifiers
"Google AdSense": when a user accesses a website attached to the "Google AdSense" service and clicks on it, a cookie is inserted in their browser, through which "Google" collects information from the User's navigation to manage and then serve ads through the "Google Adsense" advertising program. The User can disable the use of the Google cookie at any time by deactivating the cookie in his browser "Facebook": The purpose of Facebook cookies is to be able to share content on Facebook and retarget the Users of our Website to display personalized advertising on future connections.
"Google Optimize": The purpose of Google Optimize cookies is to identify users to carry out A / B experiments directly on the browser.
The User may or may not accept the installation of cookies, block or delete the cookies installed on their computer. If you do not allow the installation of cookies in your browser, you may not be able to access any of the sections of our Website.
14. EXCLUSION OF GUARANTEES AND LIABILITY
Except in those cases expressly described in these Terms of Use and the rest of the regulatory framework of this Website p, Imaginario Constructivo is not responsible for damages of any nature that may be due to a lack of accuracy, completeness, timeliness, as well as errors or omissions that the information and services contained in this Website or other content that can be accessed through it may suffer from, nor does it assume any duty or commitment to verify or monitor its content and information.
Exclusion of guarantees and responsibility for the operation of the Website and its services
Imaginario Constructivo does not guarantee the availability and continuity of the operation of the Website and its services. Imaginary Constructivo will endeavor to warn well in advance of any interruptions that may occur in the operation of the Website, and its services whenever possible. Imaginary Constructivo, or its server, may not be free of viruses, bugs, spyware, Trojans or similar malicious software. Imaginary Constructivo is not responsible for any damage to the hardware or software of your computer or other technology. Nor is it responsible for any loss of information as a result of the transmission, use of data or erroneous content published by Users.
Constructive Imaginary excludes, to the full extent permitted by the legal system, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website, and of its services or the fraud of the usefulness that Users could have attributed to the Website and its services and, as a Client, although not exclusively, to failures in accessing the different web pages that make up the Website.
Exclusion of guarantees and responsibility for the use of the Website, the services and the contents by the Users
Imaginary constructivo does not guarantee that Users use the services and contents of the Website in accordance with these Terms of Use and, where appropriate, with the particular conditions that may be applicable, nor that they do so diligently and prudently. Imaginary Constructivo does not guarantee the veracity of the data that Users provide about themselves either in their registration area, or in their participation in the Website. Likewise, Imaginario Constructivo does not guarantee that the contents posted on the Website by Users comply with the provisions of these Terms of Use, with the particular conditions and with current legislation. Imaginario Constructivo excludes any liability for damages of any kind that may be due to the use of services and content by Users, or that may be due to the lack of veracity, validity or authenticity of the information that the Users provide other Users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party made by a User in any kind of communication made through the Website.
Exclusion of guarantees on links to other websites
This Website contains links or hyperlinks to other web pages. The User must be aware that Imaginario Constructivo is not responsible for the privacy practices or the content of those other websites. We recommend that Users be aware that by using one of these hyperlinks they are leaving our Website and should read and review the general conditions and privacy policies of those other websites.
Exclusion of guarantees for the qualification of the Professionals and the execution of the agreed works.
Imaginario Constructivo will not intervene in any case in the negotiations carried out between Client and Professional, remaining outside of them at all times, so it will not be responsible, in any case, for the fulfillment of the Client's obligations with the Professional, expressly exempting the Client and the Constructive Imaginary Professional from any disagreement that may arise between them.
It is the sole responsibility of the Client to verify the suitability of the services offered by the Professional, and that they are adapted to the Client's needs. The Client also assumes the responsibility of examining the qualifications, training and professional competence of the Client, as well as carrying out the appropriate follow-up on the work entrusted, the materials and the adequacy, aesthetic or not, to what is required by the Client and agreed in the timely budget. In no imaginary case constructivo will control or intervene in the execution of the work by the Professional, nor in the suitability, quality or result thereof, so Imaginario Constructive excludes, to the full extent permitted by the legal system, any liability for damages of any kind that may be due to the execution or result of the work entrusted to the Professional, and the Client expressly exempts Imaginario constructive of any discrepancy, responsibility, damage, prejudice or impairment as a result of the hiring or the work carried out by the Professional.
15. GUARANTEES OF
CONSTRUCTIVE IMAGINARY
Without prejudice to the provisions of section 14 above ("Exclusion of Guarantees and Liability") that results in any case of application, Imaginario constructivo is concerned that the User has the best experience using the Website. Therefore, Imaginario constructivo offers the following guarantees to its Clients.
15.1 GENERAL GUARANTEE FOR CONTRACTING CUSTOMERS
PROFESSIONAL SERVICES (FORWARD
"THE BUILDING IMAGINARY TRUST GUARANTEE").
The Imaginary Trust Guarantee Constructive is applicable to those payments made by Clients to Professionals that arise from budgets requested on the web as of June 2, 2021, all in accordance with the conditions established below:
Scope of Warranty: The Imaginary Trust Guarantee constructive reaches only and exclusively in the event that all of the following conditions are met:
The Client must have contracted the services of one of the Professionals verified by Imaginario constructive, which as such appear in the directory of Professionals as a Verified Company or a Verified Self-Employed (hereinafter "the Registered Professional"). The professional The registered professional must hold such a condition at the time of being hired by the Client, they will have been contacted through the Website through the option of requesting three quotes from different professionals, and the Client must certify that the registered Professional will have sent the Client a Written estimate relating to the work in question, a work that must be executed within a maximum period of THIRTY (30) days after the approval of the estimate, and will have been contracted by the Client prior to the payment of the agreed sum as " advance of materials ”;
The Imaginary Trust Guarantee Constructivo exclusively covers payments made by card or bank transfer to the account of the Registered Professional as "advance of materials" for the collection of materials directly and exclusively related to the execution of the work or reform agreed or requested through the Website, and up to a maximum (set for the various payments that had been made for such concept) of 3,000,000 (three million pesos) (VAT included). Any additional amount is not covered by this Trust Guarantee. Any doubt or discrepancy about the amounts covered by this Trust Guarantee will be resolved by Imaginario Constructivo in accordance with its sole criteria, which is expressly admitted by the Client for the exercise of this Trust Guarantee;
The Imaginary Trust Guarantee Constructive will apply in those cases in which, having verified the payment in accordance with number 2. above, the Registered Professional has completely breached its obligations regarding the purchase or delivery of the materials agreed with the Client for reasons not attributable to the Client;
In order to prove the breach by the Registered Professional, the Client must prove that they have tried to reasonably resolve the discrepancy with the Registered Professional, and, subsequently, have filed a civil claim, complaint or lawsuit against the Registered Professional as a result of the breach of purchase. or delivery of materials, a copy of which must be sent to those responsible for Constructive imaginary;
Period of exercise of the Imaginary Constructive Trust Guarantee: The Client may request the exercise of the Imaginary Trust Guarantee constructive, and therefore the reimbursement of the amount paid to the Registered Professional, in the event that it proves to Imaginario Constructivo's satisfaction compliance with the conditions indicated in numbers 1. to 4. Above and submits a written request to Imaginario constructive within THIRTY (30) days after the date on which the works should have started for which the Client made the payment of materials.
15.1.2 WHAT THE WARRANTY DOES NOT COVER
BUILDING IMAGINARY CONFIDENCE
The Imaginary Trust Guarantee Constructive does not apply in any of the following cases:
In the event that there is another insurance policy, reinsurance or any other compensation or indemnity system that covers the economic damage suffered by the Client as a consequence of the breach by the Registered Professional;
In the event that the Client had requested the refund of the amount paid to the bank or the card operator through which he made the payment as a "material advance";
In the event that the Client had made the payment to the Registered Professional to carry out a different or additional work to that agreed or requested through the Website;
In the case of non-conformity or discrepancy of the Client with the quality of the materials acquired by the Registered Professional, or in the case of defective or non-conforming execution of the works contracted with the Registered Professional;
In the event of the production of damages for concepts or amounts different from those contemplated in number 2. above (merely for example, damage to private or community property (movable or immovable), damage to materials during transport, theft, theft, personal injury, force majeure, etc.), whether of an economic or moral nature;
If the Registered Professional had delivered the appropriate materials to carry out the work but, for any reason, said work had not been carried out or executed, totally or partially or, as a consequence of the modifications or measurements in the project, the amounts or quantities of said materials have varied.
15.2 GUARANTEE OF PAID SERVICES
(Hereinafter "THE IMAGINARY GUARANTEE
CONSTRUCTIVE")
All the contracted and paid works that are done to pay for works or works or purchase of products include the protection in case of fraud and the poor execution of the works that are accredited have been caused by a professional Registered by Imaginario constructive (hereinafter "the Registered Professional") in the performance of the work commissioned under these warranty models.
The Imaginary Constructive Guarantee offers a guarantee of (6) months on the qualities of the work carried out and a guarantee of THIRTY (30) days in cases of fraud for concepts other than the Imaginary Trust Guarantee constructive, provided that the payment has been made by debit or credit card.
Period of exercise of the Imaginary Guarantee Constructive: The Client may request the exercise of the Imaginary Guarantee constructive, in the event that you accredit to Imaginario Constructivo's satisfaction compliance with the conditions indicated in this section and make a written request to Imaginario constructive within THIRTY (30) days after the date on which the works should have started (in the case of fraud) or six (6) months from the completion of the works (in the case of defectively executed works ) commissioned by the Client.
Scope of the Imaginary Warranty constructive: The Imaginary Guarantee constructive covers the following assumptions:
Guarantee on the works: This guarantee covers exclusively the labor in the works carried out by Registered Professionals, certified in the periods and with the limits established herein. The guarantee period is six (6) months in labor up to an amount equivalent to the work invoice and with a maximum of three million Colombian pesos ($ 3,000,000) (VAT included), as maximum and joint compensation for all the concepts covered by the Imaginary Guarantee constructive.
Fraud Guarantee: This guarantee is applicable in the event that the Client, once the budget has been accepted and some financial amount is delivered to the Registered Professional, evidences that a deception or fraud has been committed for not having carried out the agreed work or for having the Registered Professional withheld economic amounts improperly. In this case, the Client may claim an amount equivalent to the amount delivered and with a maximum of three million Colombian pesos ($ 3,000,000) (VAT included).
Scope of the Imaginary Constructive Guarantee: The Guarantee, both in the case of guarantee on the works and in the case of fraud, begins to be effective from the moment of issuance of the corresponding invoice and is applicable only and exclusively in the event to be verified by Imaginary constructive compliance with all of the following conditions:
The payment has been made through Imaginario Constructivo and this may, at its discretion, conclude that the registered Professional has breached his obligations regarding the execution of the work, either due to fraud or poor execution, for reasons not attributable to the Client;
In order to prove the breach by the Registered Professional, the Client must prove that they have reasonably tried to resolve the discrepancy with the Registered Professional, and subsequently, in the case of fraud, have filed a civil claim, complaint or complaint against the Registered Professional as consequence of non-compliance, a copy of which must be sent to those responsible for Imaginario Constructivo;
The warranty on the works does not cover: 1. Damage to the Customer's property as a consequence of the work carried out. 2. Damage to the finishes of the work that is evidenced to have been caused by acts of third parties. 3. Products used at work. 4. Damages caused by improper or negligent use by the Client as well as any act of force majeure.
HOW TO REQUEST THE WARRANTY
Both in the assumption of the Imaginary Trust Guarantee constructive as in that of the Imaginario Constructivo Guarantee, the incident must be communicated directly within the established period of THIRTY (30) days, to the Budget Department through the email atencion@imaginarioconstructivo.com or by phone 305 373 38 56, informing of the causes or reason for which the guarantee is requested. The Budget Department will have a period not exceeding 7 business days for its diagnosis, starting from the moment in which all the information requested for its evaluation is received. By exception to the foregoing, in the case of guarantees on the work carried out by Registered Professionals, the Client will have a period of TWELVE (12) months to communicate the incident. After that period, Imaginario constructivo will communicate to the Client one of the following responses:
If more information is required to assess the performance of the guarantee in your favor.
Warranty acceptance and coverage.
Rejection of the guarantee and the reasons for the rejection.
A request must be sent to servicio@imaginarioconstructuivo.com .com or call 305 373 38 56 and the acceptance of the budget must be accredited as well as all the evidences that Imaginario constructive deemed necessary to prove the fraud committed.
Imaginary Constructivo reserves the possibility of carrying out all those investigations or clarifications that it deems appropriate to prove the events that occurred and, after analyzing the circumstances of the case, will determine at its sole discretion the production of the claim and the origin or not of the application of the guarantee, with the established limits.
Simultaneously with the approval of the refund by Imaginario constructive as a result of the guarantee, the Client will sign a document by which he will assign to Imaginario constructive all the rights of reimbursement or compensation that correspond to the Registered Professional in accordance with the civil or criminal regulations that result from application, a copy of which must be submitted to the competent jurisdictional bodies.
16. PRIVACY POLICY OF
IMAGINARIOCONSTRUCTIVO.COM
Please read this Privacy Policy carefully before you start using the Website, Imaginario Constructive and provide any type of personal information. It will help you make informed decisions.
This Privacy Policy applies from the effective date that appears at the end of this document. The Privacy Policy applies to the website www.imaginarioconstructivo.com ("the Website"). In the treatment of personal data of its Users, Imaginario Constructivo complies at all times with current legislation in Colombia and specifically , with the current Regulation in 2021 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which the Directive is repealed (hereinafter "RGPD").
Imaginary Constructivo only treats the personal data obtained from the forms voluntarily completed by the Users under the principles of legality, loyalty and transparency, purpose limitation, data minimization, accuracy, limitation of the conservation period, integrity and confidentiality and proactive responsibility.
IDENTITY AND CONTACT DETAILS OF THE CONTROLLER
Constructive Imaginary, (hereinafter “Imaginary constructivo ”or“ the Responsible ”) is a company of Colombian nationality, with address at Carrera 52D number 74-13 Itagüí Antioquia registered in the Mercantile Registry of Itagüí, e-mail contacto@imaginarioconstructivo.com. and phone305 373 38 56.
The User can contact the person responsible for Data Protection of Imaginario Constructivo at the following email address atencion@imaginarioconstructivo.com and by postal mail to the address indicated above.
DATA CATEGORIES, PURPOSE OF THE TREATMENT
AND LEGAL BASIS OF THE SAME
Imaginary Constructivo deals with the following categories of User data:
Contact information: name, postal address, email address, telephone.
Economic data: Checking account numbers, credit card numbers.
Preferences: information that the user provides about their preferences, for example, the type of products.
Use of the website and communications: how you use our website; if you open or forward our messages; as well as the information collected through cookies and other tracking technologies (see cookie policy)
Conversations: Imaginary Constructivo may record the conversations held with the User for the minimum essential time, for the purposes of quality control, evidence, contractual and fraud prevention.
Location: IP address to identify the location of the user by applicable legal obligation (see Colombian law).
Imaginary Constructivo exclusively treats the personal data provided by the Users and does not treat special categories of personal data.The main purpose for which we treat the User's information is to provide the services expressly requested in the information capture form, and also for the following purposes:
a) Provision of advertising and promotion services for Professionals;
b) Provision of services expressly requested by the User, consisting of obtaining budgets from Professionals for the realization of: Design and decoration of spaces, as well as managing the payments and subscriptions of each Professional;
c) Provide support and support services to Users, notify service or account issues (for example, reset the password, report improper conduct and, if necessary, report the suspension or deletion of the User's account);
d) Send the User publications on paper of an advertising nature about Imaginario constructive and the services it provides;
e) In the event that the Professional so requests, development of the management services of their clients and contacts, as well as of their work carried out. In this case, Imaginario Constructivo will treat the Professional's data under the treatment order modality. (See "Imaginary Constructive as person in charge of treatment ”.
f) Carrying out commercial, operational and statistical activities. No automated decisions will be made based on that profile.
g) Sending newsletters and other commercial communications by email about Imaginario construction and the sectors of design, decoration and the like. The User may indicate his opposition to receiving such newsletter at any time. Users expressly consent to receive these emails, although they may unsubscribe (i) in the link specified in any communication sent by email, (ii) in their personal settings on the Website or (iii) by sending a email to atencion@imaginarioconstructivo.com. However, this will not imply the cancellation of certain non-commercial communications, such as messages related to your account.
h) Likewise, Imaginario Constructivo may process user data for the purposes of commercial and advertising communications on its own similar products and services.
In the case of commercial communications about its own analogous products and services, Imaginario Constructivo may likewise process your data under the legal basis of legitimate interest, with users having the right to oppose such reception at any time.
The legal basis for the treatment of User data by Imaginario constructive is the consent of the User (see Colombian article).
Subsidiarily, Imaginary Constructivo will be able to treat the data of the Users as a consequence of the need for the execution of a contract of which the User is a party). Said contract consists of the Client's request for quotes and the advertising and promotion of the Professional's services.
Also, Imaginary Constructivo may use your personal data in compliance with applicable legal obligations, such as tax or accounting obligations.
In the case of Professionals, Imaginary Constructivo may also process your data under the legal basis of legitimate interest of the Responsible. Said legitimate interest consists in the maintenance and promotion of commercial and professional relationships between Imaginario constructive and the Professionals and fraud prevention.
The communication of personal data by the User is voluntary and is not a legal or contractual condition or condition. However, the refusal of the User will mean the impossibility of providing certain services to the User by Imaginario Constructivo.
The User may withdraw the consent at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.
Imaginario Constructivo will always ask for consent and inform the User before using their data for any purpose other than those described in this Privacy Policy.
RECIPIENTS OF PERSONAL DATA
Imaginario Constructivo will communicate the personal data of the Users to the following recipients, which the User expressly accepts:
i) Up to four Professionals listed at any time in the Imaginario services directory constructive in order to comply with the request made by the Client;
ii) Anonymously, to advertising and programming providers to share statistics;
iii) To treatment managers who provide certain services for the Responsible (advertising, administrative-accounting, etc.). Likewise, it can communicate the User's data in the form of a treatment order to achieve a greater impact on the client's budget requests. In any case, the person in charge of the treatment offers sufficient guarantees to apply appropriate technical and organizational measures, so that the treatment is in accordance with the requirements of this Regulation and guarantees the protection of the rights of the interested party.
DATA CONSERVATION PERIOD.
The personal data provided will be kept for the duration of the relationship with those responsible and as long as the user does not request their deletion and cancellation. After this period, they will be maintained during the established legal periods.
OTHER USER RIGHTS
The User can obtain confirmation on whether Imaginary Constructivo is treating personal data that concerns you and accessing them.
The User may request Imaginario Constructive the exercise of the rights of access to personal data, its rectification, deletion, the limitation of its treatment, opposition and portability, by sending an email to the address atencion@imaginarioconstructivo.com, attaching a copy of the official identification document of the User and clearly expressing the right they wish to exercise. You can request the forms for the exercise of the aforementioned rights to said email address.
The User can also file a claim with a control authority.
MINORS 'PRIVACY
The Website is aimed at persons of legal age. Imaginario Constructivo does not voluntarily collect or maintain any type of Personal Information from minors. Yes imaginary constructive had knowledge that the User is a minor, will proceed to the immediate cancellation of their personal data and their account.
SECURITY MEASURES ADOPTED BY CONSTRUCTION IMAGINARY
TO GUARANTEE THE CONFIDENTIALITY OF THE DATA
Imaginario Constructivo adopts the necessary technical and organizational measures to avoid the loss, misuse, alteration, unauthorized access, theft of the personal data provided, as well as to guarantee a level of security appropriate to the risk, taking into account the state of technology, the costs of application, the nature, the scope, the context and the purposes of the treatment, as well as the risks of variable probability and severity for the rights and freedoms of natural persons.
In the use of the personal data of the Users, Imaginario constructivo undertakes to respect confidentiality and to use them in accordance with the purpose of their treatment, as well as to comply with its obligation to keep them and adapt all technical and organizational security measures to guarantee a level of security appropriate to the risk.
Imaginary Constructivo takes particular account of the risks posed by data processing, in particular as a result of the destruction, loss or accidental or illegal alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication or access to said data .
Also, Imaginary Constructivo takes measures to guarantee that any person acting under its authority and has access to the personal data of Users can only process said data following the instructions of Imaginario Constructivo, unless they are obliged to do so under Colombian Law.
17. COMPLAINT
In the event that any User or third party considers that there are facts or circumstances that reveal the illicit nature of any content on the Website or its use, they should contact Imaginario Constructivo through atenario@imaginarioconstructivo.com or at Through the contact information 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 activity carried out on the Website and its motivation that reveal said illegal nature.
18. DURATION AND TERMINATION
The presentation of the services that Imaginario Constructivo provides through the Website has, in principle, an indefinite duration. However, Imaginario Constructivo is authorized to terminate or suspend the provision of its services at any time, without prejudice to what has been provided in this regard in the corresponding particular conditions. In any case, if possible, Imaginario Constructivo will try to give prior notice of the termination or suspension of any service or all of them.
19. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These Terms of Use will be governed by Colombian legislation. The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile.
20. EFFECTIVE DATE AND MODIFICATIONS TO THE TERMS OF USE
These Terms of Use were last updated on May 25, 2021 Constructive Imaginary reserves the right to unilaterally modify, correct or change these Terms of Use at any time. When this happens, the new Terms of Use will be published on the Website as well as the date on which they will come into force in the final part of the Terms of Use. We recommend that you visit this page regularly to keep up to date with any changes. that may occur. If you do not accept the changes to these Terms of Use, do not use the Website. Continuous use of the Website implies acceptance of these Terms of Use and their possible modifications.