Terms and conditions

The Traverso website

TRAVERSO S.A. (TRAVERSO) has made available to you (hereinafter also the “USER” or “USERS”) the website www.traverso.cl (hereinafter the “Traverso website”), a website offering a variety of services that include the promotion, advertising and general information about recipes and products offered by TRAVERSO.

It also contains an automated system for the purchase and sale of food and non-food products through the Traverso website owned by TRAVERSO and any other Platform or mechanism that TRAVERSO may develop in the future.

These terms and conditions are understood to be fully incorporated into the sales service and all the services you contract with TRAVERSO through the commercial mechanisms contained on the Traverso website.

These contracts, the use of this website and these terms and conditions are governed by the laws of the Republic of Chile.

TRAVERSO strictly applies all the benefits and guarantees that the Consumer Rights Protection Law establishes for electronic transactions made through the Traverso website.

Product sales service

The sale of products provided by TRAVERSO is carried out through the website “www.traverso.cl” (hereinafter the “Service”).

The Service allows Users to purchase food and non-food products through the Traverso website. To access the Service, the User must select and add products to a shopping cart. A User who is already registered on the Traverso website may purchase by logging into their account with its associated password. The password is secret and non-transferable. The User must take the reasonably necessary measures and precautions to keep the password secret.

Notwithstanding the above, you may purchase without creating an account, providing all the data needed to complete the purchase, such as the shipping and billing address, among others. For wholesale purchases, an account is mandatory.

Requirements for using the Traverso website and the product sales service

The Traverso website may only be used by persons over 18 years of age who have fully accepted these terms and conditions. A USER who is a minor but has the authorization of their parents or legal representative may use the services, provided that their parents or legal representative have fully accepted these terms and conditions. The actual and effective use of the Service by the USER will lead TRAVERSO to presume that they have been fully accepted.

The sale of products on the Traverso website is only available for delivery within Chile, as detailed on the “Shipping and Returns Policies” page of the Traverso website, whose link is located at the bottom of any page of the website. You agree not to use or attempt to use the service from outside those locations.

In addition, the information you provide for purchasing or registering on the Traverso website must be authentic and correct and must reflect reality, and you must report any change to it by updating your registration as soon as the change occurs.

You accept, and it is your responsibility, to comply with all these requirements, which may be changed periodically by TRAVERSO.

Freedom to browse

Merely visiting and/or downloading and/or using the Traverso website does not impose any obligation, unless you have unequivocally expressed, through positive acts, your will to purchase certain products, in the manner indicated in these Terms and Conditions.

Price and payment method for the sales service

TRAVERSO will make available to consumers a catalog containing a list of the prices of the Products offered. TRAVERSO undertakes not to modify the conditions under which USERS have contracted and agreed on this site. The prices in the catalog will always include the value added tax (VAT) to be paid by the USER (excludes WHOLESALE sales).

Any change to the information published on the Traverso website regarding products, prices, stock and conditions, promotions and offers will not affect a purchase order already placed by the USER and will always refer to future transactions, without affecting, in any case, the rights acquired by USERS.

If the USER makes a purchase through the Traverso website and the product being purchased runs out of stock, TRAVERSO will notify the USER of the situation, asking whether the USER wishes to make another purchase of a product of equal or similar value or to cancel the purchase and receive a refund.

The price of the products may only be paid by means of:

• a) Bank debit or credit cards under the Redcompra ® system or the system in force at the time of payment, issued in Chile by national banks, that hold a valid contract for such purposes with the issuer or operator Provider.

Payment with debit and credit cards will be made through WebPay or the system in force at the time of the electronic payment. The use of these cards will be subject to the provisions of these Terms and Conditions and, in relation to their issuer, to what is agreed in the respective Opening Agreements and Rules of Use, which will prevail in the event of any contradiction.

All aspects relating to the use of these bank cards, such as their issue date, expiration, credit limit, blocks, etc., will be subject, in relation to their issuer, to what is agreed in the respective Opening Agreements and Rules of Use. In the event of any contradiction, the provisions of the latter instrument will prevail.

Users declare that they understand that these payment methods or payment portals belong to third-party companies that provide these services, independent of and unrelated to “Traverso,” so the continuity of their services over time, as well as the proper functioning of their online payment tools and buttons, will be the exclusive responsibility of the companies providing these services and in no case of “Traverso”

If for any reason a transaction paid with any of these means is canceled, the effects of the refund will be governed by the rules the customer has agreed with their bank and by the instructions established by the Superintendency of Banks and Financial Institutions. This will release TRAVERSO from all liability for the effects of canceling a transaction for any reason made through the Redcompra ® system or the system in force at the time of the electronic payment.

User account

Registering on the Traverso website will create an account for the USER, accessible only with a password created by the USER. This account is for personal use and you are solely responsible for maintaining the confidentiality and security of your account. TRAVERSO will not be responsible for any loss or damage caused by any unauthorized use or lack of confidentiality or security of the information associated with your account.

Prohibitions

The use of the Traverso website by the USER will be subject to the following prohibitions:

• a. Performing or facilitating acts of reverse engineering, decoding or modifying the website in any way, as well as tampering with its effective protection measures.
• b. Intercepting, examining or observing any type of communication used by customers, the server, the website or the Service, whether through any technique or the use of any kind of tool or software.
• c. Entering the website and using any service offered on the website without authorization to do so or through accounts that do not belong to you.
• d. Providing false information or information that does not reflect reality to register and use the website, as well as impersonating third parties or USERS.
• e. Using the website for purposes other than those set out in these terms and conditions, such as sending all kinds of advertising or carrying out acts contrary to morality and good customs, such as harassing and abusing other USERS.
• f. Any act which, through the use of the website and any service offered on the website, may involve an infringement of the intellectual property rights of other Users or third parties.

Intellectual property

The intellectual property of the Traverso website and any service offered on the Traverso website, with regard to its source and object code, graphics, audio fragments, User interface, scripts, button icons, images, audio clips, digital downloads and data compilations and their supporting elements, belongs exclusively to TRAVERSO.

Your use of TRAVERSO’s intellectual property shall be exclusively for the use of the Service. Consequently, any unauthorized reproduction, adaptation, distribution and exploitation of the objects protected by TRAVERSO’s intellectual property is strictly prohibited.

The use of the Service by the USER does not imply the assignment of the intellectual property rights of TRAVERSO and/or its licensors.

The intellectual property rights to the trademarks, website name and domain names associated with the website and/or services offered on the website, as well as the rights to use and exploit them, are the exclusive property of TRAVERSO and/or its licensors. Nothing in these terms and conditions, nor the use of the Service itself, may be understood to mean that you receive any right or license with respect to the aforementioned trademarks and domain names. All rights not expressly granted in these Terms and Conditions are reserved by TRAVERSO or its assignees, suppliers, publishers, rights holders or other content providers.

Limitations of liability

TRAVERSO has the right, but not the obligation, to review the content created and uploaded by USERS to the Traverso website; without any guarantee by TRAVERSO, beyond its best efforts to ensure the excellence or quality of such content, that it meets the requirements or expectations of USERS or that it is truthful or from a reliable source. Therefore, TRAVERSO will not be responsible for the content created and uploaded by its USERS, for the misuse of the Traverso website by USERS, or for any damages such content or misuse may cause you.

Each USER is responsible for their use of the Traverso website and any service offered on the Traverso website made available by TRAVERSO.

TRAVERSO may remove from the Traverso website any content created and uploaded by USERS that it considers inappropriate for the purposes of its website and/or contrary to morality and good customs.

TRAVERSO will not be responsible for interruptions, errors, unavailability and loss of information on the Traverso website and any service offered on the Traverso website. Such services are provided “as is” and as available for use, which may be subject to changes or variations. TRAVERSO does not guarantee that the Traverso website and any service offered on it will remain free of computer viruses, data interference or hacker attacks, so it will not be responsible for any damage such circumstances may cause the USER, even if TRAVERSO had been warned of their possible existence. TRAVERSO does not guarantee that any error in the Service will be corrected.

TRAVERSO will make reasonable efforts to safeguard the information provided by its USERS. However, the sending of such information, its accuracy and its handling by the USER will be the USER’s sole responsibility.

The USER shall hold TRAVERSO harmless from any action, claim, proceeding, loss and damage of any kind, and expenses (including legal costs and fees), suffered or incurred by TRAVERSO at the hands of other USERS or third parties as a result of failure to comply with these terms and conditions.

Formation of consent to the sale

The Service will be offered on the Traverso website subject to the terms and conditions of this Agreement, which may be accepted electronically during each USER’s purchase process, through the mechanisms the Traverso website itself offers for this purpose. The formation of consent must meet the general requirements established by Chilean law, in particular the seriousness of the will and of the price, and the consumer’s freedom to choose with sufficient information, free of any defect of consent (error, force or fraud).

The formation of consent will be completed with the Click or any other means of electronic acceptance that the USER executes when concluding the purchase of the product or products selected and added to the Shopping Cart.

Once the sales contract has been completed, TRAVERSO will be obliged to send written confirmation of it. This purchase confirmation (proof of purchase) will be sent electronically to the USER’s email address. This confirmation must contain a complete, clear and legible copy of the contract.

Legal right of withdrawal

TRAVERSO expressly declares, by virtue of the power conferred by the Consumer Rights Protection Law, that the USER’s right of withdrawal will not apply to contracts entered into by electronic means between TRAVERSO and the USER.

Exchange and return of products

If the product is defective within 3 months of the date it was received, the USER will have the right to choose between an exchange or a refund of the amount paid, provided the product has not deteriorated due to a fact attributable to the USER. TRAVERSO will have the right to inspect the returned product to verify that the deterioration was not due to a fact attributable to the USER.

If it is perishable or naturally intended to be used or consumed within a short period, this term will be the one printed on the product or its packaging or, failing that, 7 days.

TRAVERSO will arrange the pickup of the product at the USER’s address or, failing that, at the offices of the courier company, after coordination and agreement with the USER. If it has deteriorated or been damaged through misuse by the USER, this warranty will not apply.

In accordance with the Law, a fault or defect will be considered to exist:

• a) When products subject to mandatory safety or quality standards do not meet the corresponding specifications;
• b) When the materials, parts, pieces, elements, substances or ingredients that make up the products do not match the specifications they display or the statements on the label;
• c) When any product, due to deficiencies in manufacturing, processing, materials, parts, pieces, elements, substances, ingredients, structure, quality or sanitary conditions, as the case may be, is not entirely fit for the use or consumption for which it is intended or that TRAVERSO indicated in its advertising;
• d) When TRAVERSO and the User agreed that the products covered by the contract must meet certain specifications and this does not happen;
• e) When the item covered by the contract has hidden defects that prevent the use for which it is usually intended;

Cookies and/or analytics tools

TRAVERSO may use cookies and/or analytics tools to optimize advertising and its TRAVERSO ONLINE Service in general. Cookies and/or analytics tools are only associated with the USER anonymously and do not provide references or information from which any personal data of the user can be deduced. TRAVERSO’s cookies and/or analytics tools cannot read or store data on the computer, nor read cookie files created by other providers.

The User declares that TRAVERSO is authorized to use third-party technology that makes use of cookies and/or analytics tools for the proper functioning of our TRAVERSO ONLINE Service. The use of cookies and/or analytics tools will be at TRAVERSO’s discretion and will depend on the campaigns that may be active at any given time.

Privacy

The Traverso website is subject to the Traverso Privacy Policies, whose link is located at the bottom of any page within the Traverso website.

Changes

TRAVERSO may modify these terms and conditions at any time, establishing additional provisions on the Service. Such modifications or additions will take effect immediately and will be incorporated into these terms and conditions. Continued use of the Service will be considered acceptance of such modifications or additions.

Termination and validity of the service

Failure to comply with these terms and conditions will entitle TRAVERSO to: (i) terminate the contract associated with the Service and/or the USER’s account, with the USER remaining obliged to pay any amount due under the respective contract up to the date of its termination; and/or (ii) terminate the license for the Service offered by the Traverso website; and/or (iii) prevent access to the Service and/or any other service offered on the Traverso website (or any part of it).

TRAVERSO reserves the right to modify, suspend or discontinue the Service (or any part or content of it) in the event of a breach of these terms and conditions, at any time with or without notice.

The Service comes into force when the sale is concluded and will last until the delivery of the food product(s), through shipment to the address provided by the USER. The USER must accept these terms and conditions each time a purchase is made under this Service.

Delivery: shipping of the products of the product sales service

For the shipping of products purchased on the website, the USER may select the shipping and delivery conditions for the purchased products as reported on the Traverso website.

The information on the shipping location is the sole responsibility of the USER.

SHIPPING REQUIREMENTS:

1. SHIPPING DETAILS

• • The USER will be responsible for the accuracy of the data provided to TRAVERSO for a correct and timely delivery of the products to their address or delivery location. If the USER changes their address or delivery location, they must notify TRAVERSO 48 hours before the shipment is generated. TRAVERSO will make all reasonable efforts to deliver the products correctly and on time to the new address or delivery location. If this is not possible, the USER will not be entitled to demand a refund of the amount paid. In this case, TRAVERSO may require payment of the cost of generating a new shipment due to the change of address or delivery location.

2. PRODUCT DELIVERY

• 1. Home deliveries are made Monday to Friday (business days), between 09:00 and 19:00. Public holidays are not counted in the delivery time, which resumes on the next business day.
• 2. The USER must check that the product matches their purchase and is in good condition before signing the delivery note (whether physical or virtual) and accepting it.
• 3. The delivery must be received by an adult, who must sign and write their name and national ID number (RUT) on the delivery note (whether physical or virtual) to certify satisfactory receipt.
• 4. If the product is received by a third party (family members, housekeepers, building staff, etc.) and that person accepts the delivery, we will understand that the product was received satisfactorily.
• 5. Once the USER has accepted the delivery, TRAVERSO is not responsible for damage to the product.
• 6. If dissatisfied, the USER must reject the product at the time of delivery, stating their reasons as well as their name and RUT on the delivery note.
• 7. Delivery times will be reported through graphic elements or texts shown on the Traverso website and/or in the corresponding product description.

3. DELIVERY GUARANTEE

TRAVERSO’s commitment is to ship products on time in accordance with the previously reported delivery times. If this does not happen, e

The guarantee will not apply in the event that:

• 1) There is no one at home at the time of delivery.
• 2) The shipping address details are not correct.
• 3) Any other situation attributable to the USER’s fault.
• 3) Acts of God or force majeure make delivery impossible.

Applicable law, jurisdiction and notices

For all legal purposes of these terms and conditions, the applicable law will be Chilean law, with the city and district of Santiago de Chile as domicile, and the parties, that is, TRAVERSO and the Users, submitting to the Jurisdiction of its Ordinary Courts of Justice.

All notices from TRAVERSO to its Users regarding these terms and conditions will be sent by email to the email address registered in the User’s account or by publishing the changes on the Traverso website. Changes will take effect immediately, unless TRAVERSO states otherwise.

Cyber Traverso: Promotion valid from 02-10-2022 to 05-10-2022 or while stocks last

Cannot be combined with other current promotions and/or discounts. The stock availability for the promotion can be found at the following link. Exclusive to www.traverso.cl. Exclusive discounts for registered wholesale customers.