1. Generalities

Access, navigation, purchase and use of the services and products offered by Agrícola Mollendo SA (“ Mollendo ”) through the website www.mollendo.cl (the “ Site ”) belongs to the company Agrícola Mollendo SA (“ Mollendo ”), RUT 99.590.570-1, and with address at Av. Los Conquistadores 1730, 6th floor, city of Santiago.

These terms and conditions (the “ Terms and Conditions ”) together with the privacy policy (the “ Privacy Policy ”) inform Users about the conditions that govern access, navigation, and use of the Site and the relationship between the User and Mollendo for the purchase of any product .

By accepting these Terms and Conditions by clicking on the box provided for this purpose, Users declare that they have had access to and have been informed in a clear, understandable and unequivocal manner of these Terms and Conditions, and understand that they are legally binding and obligatory.

In addition to the above, Users declare that they have had the opportunity to download and store these Terms and Conditions.

2. User Registration and Account Use

Users wishing to make purchases through the Site may do so by registering on the Site, for which they must declare that they have read, unequivocally understood and expressly accepted the Terms and Conditions and the Privacy Policy.

Once registered, the user must create a secret key, which will allow him/her to make purchases on the Site in a secure manner. The correct and confidential use of the secret key is the sole responsibility of the user. The user will have the possibility of changing the secret key, for which he/she must follow the instructions and procedure established on the Site.

When registering, the user must also provide personal data related to his/her national identity card, address, email and telephone number. The user guarantees the authenticity, accuracy and validity of the registered data, which will be his/her exclusive responsibility. The processing of the user's personal data will be subject to the provisions of the Privacy Policy, available at https://tienda.mollendo.cl/politicas-de-privacidad[LAC(1] /

Mollendo reserves the right to request any additional proof and/or information in order to corroborate the veracity or currency of personal data, as well as to temporarily or permanently suspend those users whose data could not be confirmed. In the event of disqualification, Mollendo may cancel the purchase made, refunding any amount paid for the purchase, without this giving rise to any right to compensation.

The user will be responsible for all operations carried out in and from his/her account, since access to it is restricted to the entry and use of a secret password that is known exclusively to the user. The user agrees to notify Mollendo immediately of any unauthorized use of his/her account and/or password, as well as access to it by unauthorized third parties.

3. Use of the Site

The Site and the products offered through it are intended for Users who have the legal capacity to enter into binding contracts under applicable law. Persons who do not have such capacity may not use the Site. Any acts carried out by such persons on this site shall be the responsibility of their parents, guardians, custodians or trustees, and shall therefore be deemed to have been carried out by them in the exercise of the legal representation they hold. Anyone who registers a user as a company must have the capacity to enter into contracts on behalf of such entity and to bind it under the terms of these Terms and Conditions.

The Site provides the User with clear and precise instructions for making purchases through it. Thus, by accessing and using the Website, the User agrees to:

· Comply with the laws of the Republic of Chile.

· Do not harm or interfere with the normal applications of the Site, such as sending or transmitting viruses, worms or Trojans.

· Do not contravene, or attempt to contravene, in any way, the security and authentication measures of the Site.

· Do not use devices, procedures or mechanisms such as, for example, spiders and crawling robots, to locate, rescue, search, or access the Site or its content.

4. Purchasing Process

Users may purchase any product on the Site without having to register an account.

To make purchases of any product on the Site, the user must follow the following steps:

• Select the products of interest, including the weight of each piece or box selected.
• Enter the delivery or dispatch address and select the shipping method. The shipping costs will be determined according to the coverage area and the commune of dispatch.
• Choose one of the payment methods available on the Site.

 

Once you have placed your order, a description of the product, the total price (including shipping costs), the delivery date according to the selected shipping method, the payment method, and the other conditions of your order will be displayed on your screen. In addition, you will be informed of your unique purchase order number, which you can use to track your order.

To confirm the order, you must accept the terms and conditions and click on the “Place order” button. Your order will automatically go through a confirmation process, for which Mollendo must verify:

(a) Validates and accepts the payment method offered by the user, including fraud prevention tools.

(c) That the data registered by the user on the Site coincide with those provided when making the offer.

 Once the prior confirmation has been successfully completed, the charge will be made to the selected payment method, the purchase receipt with the respective invoice will be sent to you in electronic format and the product will be dispatched to you, according to the shipping method you have selected.

IMPORTANT: After completing the order, it is not possible to modify the shipping address or method, the products ordered, or the payment method. If you cancel the purchase, or want to modify any aspect of it, the order must be cancelled and a new purchase must be made. If an incorrect or incomplete address has been reported, you must fill out the contact form provided on the Site or write to the email address sales@mollendo.cl.

5. Dispatch of Products

A. Deadlines

Deliveries will be made through the services of an external logistics company contracted by Mollendo.

 

The maximum delivery time is 5 business days from confirmation of payment and does not include Saturdays, Sundays and holidays. Deliveries can only take place on Saturdays, Sundays and holidays in exceptional cases. After confirmation of payment, the delivery time for the invoice issuance is up to 7 business days.

All delivery times take into consideration stock, shipping region, invoice issuance process and product preparation time. At each update in the order status, our system automatically sends alert emails. Therefore, it is important to keep your email address updated in your record.

B. Delivery Conditions

It is essential that, at the time of dispatch, there is a person authorized by the user, over 18 years of age, and carrying an identification document to receive the merchandise and sign the delivery receipt or similar, with the signature of the support receipt or the concierge stamp being mandatory.

Delivery must always be carried out in compliance with health and safety regulations by both the distribution team and the customers, including the correct use of a mask. The delivery receipt must be signed with a pencil belonging to each of the parties, and if not signed, a photographic record of the address or the person receiving the delivery must be kept.

The order must always be received by the customer or by a person authorized by the customer, and if the customer wishes to receive it at a reception, this circumstance must be confirmed by the user. Mollendo is not responsible for orders that lose the cold chain or have their characteristics altered due to this cause.

 

C. Late Delivery

In the event of any delay in the delivery of the products, the user must fill out the contact form provided on the Site or write to the email address sales@mollendo.cl.

In the event that delivery cannot be made, the order will be returned to the Distribution Center of the logistics company contracted by Mollendo. In order for a new delivery attempt to be made, it will be necessary to confirm the delivery address. The deadline for resending the product will be the same as that informed at the end of the order, counted from the confirmation of the address by the user.

In the event of events beyond Mollendo's control that may alter the delivery date of the products, such as storms, accidents, strikes, pandemics and, in general, any event that may be classified as force majeure or fortuitous event, Mollendo shall be exempt from liability for such delays. However, if the aforementioned events occur, the User will be promptly informed, along with a new delivery date.

D. Refusal of Delivery

In the event that the user refuses delivery of the products, we suggest writing the reason for the refusal on the back of the delivery document, which may consist of any of the following:

• open or damaged packaging;

• damaged product; and/or

• product does not comply with the order.

 

6. Exchange and Return Policy

A. Return for Withdrawal

In the event that the User withdraws from the purchase, the following must be taken into consideration:

• The deadline to request the withdrawal of the purchase of the product is up to 48 hours from receipt.

• The product must be sent in its original packaging, with no signs of use, without any tampering with the original packaging, and accompanied by the receipt.

To request a product exchange, the user must fill out the contact form provided on the Site or write to the email address sales@mollendo.cl, detailing the reason for the return. In the event that it is detected that the product has been altered in the cold chain or the original packaging has been broken after delivery has been accepted, it will be at the sole discretion of Mollendo whether or not to accept the return of the product . The products offered through the Site are those that, by their nature, deteriorate or expire quickly, and it is for this reason that the right of withdrawal does NOT apply.

B. Return for Defects

To request a product exchange due to defects, the user must fill out the contact form on the Site or write to the email address sales@mollendo.cl, after which the product will go through a verification process by the quality department with evidence of the defect. Mollendo will not accept the return if the product does not meet the following conditions: product in original packaging, not damaged by temperature changes, not having suffered loss of the cold chain or any misuse while in the possession of the customer.

C. Money back deadlines

The maximum refund period will be up to 15 days from the date the refund is approved, whether due to cancellation or return of the product.

The user must provide the bank account information where the refund should be processed, in case the user paid with a debit card.

For purchases made with a credit card, the card administrator will be notified and the refund will be for the total amount of the purchase, regardless of the number of installments used in the purchase. The refund period in this case will depend on the card administrator.

7. Prices

The prices of the products and services available on the Site will not be applicable to other sales channels used by Mollendo or other distributors. Prices will be established in Chilean pesos and correspond exclusively to the value of the goods offered, not including shipping costs or accessories that are not expressly included on the Site.

The order summary will show the price of each product, including VAT and shipping costs.

8. Payment methods

A. Bank cards

The user has the following payment options:

· Credit Cards with Transbank platform agreement

· Debit cards with Transbank platform agreement

 

The prices and conditions offered through the Site may be different from those offered in physical and/or online stores by other retailers. The mere inclusion of products in the "shopping cart" does not imply their reservation by the consumer.

Orders paid by credit card are subject to approval by the card administrator and fraud verification tools.

B. Redemption of points

Purchases made through any points system will be subject to the provisions of the Terms and Conditions and the stipulations of the respective contracts with the companies that issue said points to their clients.

The use of points will be communicated to the customer before making the purchase, excluding any type of responsibility of Mollendo for purchases made by virtue of said exchanges.

C. Gift Cards

Payment with a Gift Card will be governed by these Terms and Conditions, and its use must be complete and not partial at the time of purchase, that is, the entire amount of the Gift Card must be used for the respective purchase, and any remaining balance cannot be used for a future purchase.

D. Coupons Coupons granted by Mollendo or by third parties may be used as a means of payment, and may be applied only once and for the value to which the coupon amount corresponds.

Discounts provided through coupons cannot be combined with each other or with other promotions. In addition, they may have other limitations, for example: number of uses, minimum consumption or expiration date.

9. Offers

Each promotion or discount offered through the Site will be governed by the Terms and Conditions, the Privacy Policy and the legal terms of each campaign, including stock and validity, and which will be duly published on the Site.

For offers or discounts offered by third-party companies, the applicable conditions are the exclusive responsibility of those companies that offer such benefits to their customers.

The validity period of the offer will correspond to the effective date indicated in the promotion, and will end upon expiration of the term of said offer or upon exhaustion of the quantities of products available for that promotion, whichever occurs first. In the event that an effective date is not indicated, it will be understood that it extends until the stock that will be visible to the User is exhausted.

10. Site Security

The Site maintains high security standards when purchasing products by virtue of the use of SSL (Secure Sockets Layer) technology, which ensures both the authenticity of the Site and the encryption of all information provided by users.

In the event of difficulties that prevent or delay the purchase of products, Mollendo.cl will adopt the necessary measures, in accordance with the technological means available, in order to normalize the continuity and normal operation of the Site.

Without prejudice to the foregoing, Mollendo shall not be liable for damages of any kind or nature related to delays, failures, errors, interruptions in service, malfunctioning of the Site, delays, omissions or loss of transmitted information, viruses or other contaminating or destructive elements of a computer nature that may be transmitted and may cause damage to your computer system.

11. Intellectual property

All content included on this site, such as text, graphics, logos, button icons, source code, images, audio clips, digital downloads, data compilations and trademarks, are the property of Mollendo or its content suppliers and are protected by intellectual property laws.

Copying any material protected by intellectual property, as well as modification, transformation, reproduction or retransmission through any site is prohibited.

12. Communications

By accepting these Terms and Conditions, the User authorizes Mollendo to send electronic communications regarding access, navigation, purchase and use of the services and products of the Site, such as registration confirmation emails, payment authorizations, and others related to the account and products purchased through the Site.

The User agrees to receive communications from Mollendo, such as news about new features of the Site, special offers, advertising and customer surveys by email or other electronic means. In any case, the User will always have the possibility to request the suspension of such promotional communications, in which case Mollendo will immediately cease sending them.

13. Validity of the Terms and Conditions

The Terms and Conditions will enter into force from the date of their publication on the Site. In the event of changes to the Terms and Conditions, users will be informed of these changes through the Site and registered email.

14. Conflict Resolution

Any difficulty or controversy that may arise regarding the application, interpretation, duration, validity or execution of these Terms and Conditions will be submitted to the competent ordinary courts of justice, without prejudice to the user's right to exercise the legal rights that correspond to him.

15. Applicable Law and Divisibility

These Terms and Conditions shall be governed by the laws of the Republic of Chile.

If any provision of these Terms and Conditions is declared void, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will remain in effect.

16. Customer Service

Customer service is provided through the contact telephone number +562233487153 from Monday to Thursday from 9:00 a.m. to 2:00 p.m. and from 3:00 p.m. to 6:00 p.m. and Friday from 9:00 a.m. to 1:00 p.m. and through the contact email address sales@mollendo.cl, so that Users can contact Mollendo.

17. Representative of Mollendo

For all legal purposes and so that users of the Site may communicate with the company Agrícola Mollendo SA, Mr. Javier Reichart is hereby appointed as legal representative, with address for these purposes at Av. Los Conquistadores 1730, 6th floor, city of Santiago, and contact email: sales@mollendo.cl. The legal representation of Mr. Javier Juan Reichart to represent Agrícola Mollendo SA is stated in a public deed dated March 9, 2012, granted by the Eighth Notary of Santiago to Mr. Andrés Rubio Flores.