Terms and Conditions of Use and Engagement
1. GENERAL
Modelos Diecast Store Spa., domiciled at Paseo Ahumada N°131, eighth floor, Santiago commune, Metropolitan Region, has prepared these Terms and Conditions for the purpose of informing registered and unregistered consumers (hereinafter "Users") about the purchasing process on www.modelosdiecast.com and on the Modelos Diecast Store application (APP), hereinafter indistinctly referred to as the Platform.
This document regulates the terms and conditions applicable to the use of the website www.modelosdiecast.com and the transactions carried out on it. By browsing and purchasing on this site, you accept these terms in their entirety. The terms "we", "us" and "our" refer to Modelos Diecast Store.
Modelos Diecast Store operates this store and website, including all related information, content, features, tools, products and services to offer you, the customer, a curated shopping experience (the “Services”). Modelos Diecast Store is powered by Shopify, which allows us to offer you the Services.
The following terms and conditions, along with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty, disclaimer, and limitation of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Visiting this site alone does not impose any obligation on the consumer, unless the offered conditions have been unequivocally accepted. Transactions will be subject to a data, stock, and payment method validation process by the company.
2. USER REGISTRATION, ACCESS, AND ACCOUNT
Access to our platform is free and open. To make a purchase, users have two management options:
Purchase without Registration (Guest): It is not mandatory to create a user account to make purchases on the platform. Only the data strictly necessary to process the payment and manage the order shipment will be requested.
Voluntary Registration: The user can choose to register voluntarily on the platform at any time. This option will allow them to save their data for future purchases, access their order history, and receive exclusive offers and promotions. Finally, the user must click on the customer account icon https://account.modelosdiecast.com and enter the email they will use to access their profile. There are 3 options:
• Continue with Shop (Shopify App)
• Continue with Google (For Gmail accounts)
• Continue with email (For other accounts like Outlook, Hotmail, etc.)
In any case, they will receive a 6-digit code which they must enter, and it will be linked to their account, where they will be able to view their profile, their orders, and add addresses as they see fit.
Regardless of the chosen modality (Guest Purchase or Voluntary Registration), it is an essential and mandatory requirement that the user reads and expressly accepts these Terms and Conditions of Use and the Privacy Policy before finalizing any purchase process or completing their registration on the platform.
Confirmation of the purchase or registration implies full acceptance of these rules.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your region, province, or municipality of residence and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
3. OUR PRODUCTS
We have made every effort to display our products and services accurately in our online store. However, please note that product colors or appearance may differ from how they are displayed on your screen due to the type of device you use to access the store and its settings.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or be the same as displayed or presented in our online stores.
All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, individually.
4. ORDERS
When you place an order, you are making an offer to purchase. Modelos Diecast Store reserves the right to accept or reject your order for any reason, in its sole discretion. Your order will not be accepted until Modelos Diecast Store confirms its acceptance. We must receive and process your payment before accepting your order. You should review your orders carefully before making a purchase, as Modelos Diecast Store may not be able to process cancellation requests after an order has been accepted.
In the event that we do not accept, make a change, or cancel an order, we will notify you by contacting you via the email, billing address, or phone number you provided at the time the order was placed.
You may return or exchange your purchase only in accordance with our refund policy https://modelosdiecast.com/pages/politicas-de-devoluciones-y-reembolsos
You represent and warrant that your purchase is for your personal or household use and not for commercial resale or export.
5. PRICES, PAYMENT METHODS AND INVOICING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in the order confirmation sent to you by email. Unless expressly stated otherwise, published prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.
Prices published in our online stores may differ from prices offered in the physical store or in the various National or International Marketplaces where the store is integrated. In any case, all prices displayed on the website and in the different Marketplaces include Value Added Tax (VAT).
We may, from time to time, offer promotions on the Services that may affect pricing strategies and that will be governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
Products or services may only be paid for using Webpay, Electronic Transfer, Mercado Pago, Paypal or any other method that may be added to this modality.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
6. DISPATCH, SHIPPING AND DELIVERY
All acts of acquiring or purchasing products or services carried out through this website will be strictly governed by the current Dispatch Policies. Likewise, the client submits to the particular conditions established for the processes of dispatch, shipping, and delivery of the acquired products and services.
We work with a wide range of leading courier companies and associated services in the market. This variety allows us to select the optimal, fast, and secure option for each client's specific location, guaranteeing compliance with our delivery commitment.
Coverage Modelos Diecast Store ships throughout Chile. For international shipments, consult availability directly with our team.
Dispatch times: Orders are processed and dispatched within 1 to 3 business days after payment confirmation.
Estimated delivery times once dispatched are:
Metropolitan Region Zone: 1 to 10 business days
North-South and Central Zone: 2 to 10 business days
Extreme North and South Zones: 3 to 12 business days
Carriers Shipments are made through reputable logistics operators. The customer will receive a tracking number by email once their order has been dispatched.
Shipping responsibility Once the package is delivered to the carrier, Modelos Diecast Store is not responsible for delays attributable to the logistics operator. In case of loss or damage during transport, the corresponding claim will be managed together with the client.
Undelivered products If the product cannot be delivered due to causes attributable to the client (incorrect address, repeated absence, etc.), the re-shipping costs will be borne by the client.
7. INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, marks, text, samples, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are the property of Modelos Diecast Store, its affiliate or licensor and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed to grant you a license or other rights under any patent, trademark, copyright, or other intellectual property of Modelos Diecast Store, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Modelos Diecast Store.
The Modelos Diecast Store name, logo, product and service names, designs, and slogans are trademarks of Modelos Diecast Store or its affiliate or licensor. You must not use such trademark without the prior written permission of Modelos Diecast Store. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
8. OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
9. THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We will not be liable for any damage or harm related to your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
10. RELATIONSHIP WITH SHOPIFY
Modelos Diecast Store operates with Shopify technology, which allows us to offer you the Services. However, any sale or purchase you make in our store is made directly with Modelos Diecast Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Modelos Diecast Store, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with Modelos Diecast Store.
11. PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services to offer and improve our Services. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in a country other than where you reside, in order to provide you with the services. Please review our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.
12. COMMENTS
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively “comment”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such comment in any media for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) your comment complies with these Terms. We have and shall have no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (even after you have submitted your order).
14. PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Modelos Diecast Store, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automated devices or processes, artificial intelligence tools (such as agential AI) or automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass the security or authorization features, robot exclusion header, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
15. AGENTS
15.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that can run on behalf of or using the person's device, without direct supervision.
15.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
15.3 We may limit, including by technical measures, any Agent's access, use, and interaction with the Services and how it does so.
15.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request is from an Agent and disclose the Agent's name by including the following in the user-agent field string of the request: "Agent/[agent name]"; (ii) not obscure or create confusion about any access, use, or interaction being from an Agent, such as (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) truthfully respond to any question or instruction seeking to determine whether interactions are from a human or a computer; (iv) not circumvent or otherwise bypass any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
16. TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Discrepancy, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
17. DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED OTHERWISE BY MODELOS DIECAST STORE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MODELOS DIECAST STORE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Modelos Diecast Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability or claim, including attorney's fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify will not release you from your obligations unless you suffer material damage. We may control the defense and settlement of such claim at your expense, including the choice of attorney, but we will not settle any claim that involves non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including providing relevant documents.
20. DISCREPANCY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
21. WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
22. ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
23. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where Modelos Diecast Store is headquartered. You and Modelos Diecast Store agree to the personal jurisdiction and venue of such courts.
24. HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
25. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
26. CONTACT INFORMATION
Questions about the Terms of Service should be sent to modelosdiecast.store@gmail.com.
Our contact information is as follows:
Modelos Diecast Store Spa
modelosdiecast.store@gmail.com
Paseo Ahumada 131 Piso 8
569 74467733
569 74467733