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TERMS AND CONDITIONS

1. General

Consumers have the right to receive information that is adequate, clear, complete, truthful, transparent, timely, sufficient, verifiable, understandable, accurate, and appropriate, allowing them to make well-informed decisions when purchasing goods or services.

These terms and conditions govern the use of our website https://undergold.com. By accessing and using this website, you agree to comply with and be bound by these terms and conditions. We recommend that you read this document carefully, as by browsing our site or purchasing any of our products, you fully accept the terms set forth herein. If you do not agree, please do not use the site.

UNDERGOLD reserves the right to modify these terms and conditions at any time without prior notice. Any changes will take effect five (5) business days after their publication on the website.

2. Shipping / Prices and Shipping Costs

2.1 Prices

The prices assigned on our international website are in US dollars, which do not include the cost of shipping, duties, and taxes.

UNDERGOLD has established a secure payment system for any order placed on the website. The payment will be considered complete once the distributor has sent their confirmation. If the bank does not accept the payment, the order will be automatically rejected, and UNDERGOLD will be exempt from any obligations and liabilities towards the customer.

2.2 Price errors

In cases where there is an obvious pricing error, UNDERGOLD shall not be obligated to honor the incorrect price displayed, without prejudice to protecting consumer trust to the extent that it is reasonable. In such cases, UNDERGOLD will demonstrate to the consumer that: i) the inaccuracy in the published information was due to an error, and ii) it is a clear and evident mistake of such magnitude that it can be recognized by an average consumer.

To determine whether the error is evident, the following factors will be considered:

  • The ease with which the error can be detected.
  • The disproportion between the market value and the offered price.
  • Whether the product’s price is lower than additional costs (such as shipping or administrative expenses) or the value of its accessories.
  • The way in which the products are displayed and the likelihood that the consumer could detect the error.
  • The absence of any announcements regarding discounts or promotions, among other factors.

2.3 Shipping cost

Shipping charges will be added to your order. Orders within the United States currently qualify for free shipping on purchases over USD 105. For all other orders, shipping costs will be calculated at checkout based on your shipping address and the estimated weight of your package.

Our shipments are made through FedEx, and delivery times vary depending on the destination country. Orders are shipped once payment has been approved by the bank or payment system.

Tracking information is automatically sent via email to all customers. If you do not receive this email, please check your spam or junk folder.

2.4 Delivery times and conditions

While every effort is taken to send orders out as quickly as possible, in some instances, orders may take up to 7 working days to dispatch. After dispatch, you should expect an added wait time respective to the courier service. Please note that customers will always be responsible for paying any import bills they may receive.

The ordered products will be delivered to the address indicated by the customer. Additionally, the customer will be responsible for any consequences, such as delivery delays, impossibility of delivery, products returned to UNDERGOLD and additional transportation costs, arising from providing incorrect or incomplete delivery information or from not being available at the time of delivery.

When purchasing products through the UNDERGOLD Marketplace, the delivery conditions will be based on the preferences selected by the user and the available delivery options within the Marketplace.

3. Refund Policies

If a refund is selected, all successfully returned items will be credited to the original payment method used to purchase the items. The original shipping charges will not be refunded.

Please note refunds can take up to 10 working days to show on your account due to varying processing times between payment providers. Store credit is the quickest option if you would like to order another product in exchange without having to wait for a refund.

If a refund is selected and the customer has not returned the order, we will not complete the process.

If you have any queries or wish to discuss the returns procedure further, please do not hesitate to contact us at digital@undergoldapparel.com.

3.1 Changes — Our hassle-free returns policy

For all orders: if for any reason you decide not to keep any item you have ordered, you have up to 30 days from receipt of the order to decide whether to return it to us.

  • You must identify the product and the date of purchase.
  • The product must be new, unopened and/or unused, free of odors and perfumes. If the product has been opened, it must be unused, with all original packaging, tags, parts, accessories, complete manuals and labels attached.
  • Underwear (panties, bras, boxer shorts, briefs, socks) cannot be exchanged.
  • If there is an error in your order, you can request a change within the following time limits:
    • Maximum time limit for change: up to 30 days.
    • Promotional items are non-exchangeable.
    • For garments, wallets, handbags and/or shoes: 30 days from receipt.

Due to exchange policies, there is no cash refund; a code or virtual voucher is generated to be redeemed within the site, except for the use of the right of withdrawal.

  • Exchanges of garments are made for the amount actually paid.

Ways to request an exchange of a line item (promotional products can only be exchanged by right of withdrawal):

  • Send the change request within 30 days from receipt of the order to digital@undergoldapparel.com.
  • Go to the nearest physical store, except franchises, presenting the customer's identification card or the invoice.

Transportation and other expenses involved in the return shall be borne by the purchaser. The product must be sent to the address: 701 NW 105th Place, 33172 Miami, FL.

After requesting the change, we have these options:

  • Change for size or color of product.
  • Return of the money (if the right of withdrawal applies).

3.2 Product with discount

  • Products purchased during promotional campaigns or special discounts are not eligible for exchanges or returns, except in cases covered by the warranty.
  • Exchanges will only be allowed for a different size of the same item, and are subject to inventory availability.

3.3 Options available after an exchange request

  • Exchange for a different size or color of the product.
  • Exchange for another item (except those purchased from the SALE section). In this case, the customer must cover the price difference if the new item has a higher value.
  • Refunds are available only to the original payment method used at checkout.

3.4 Warranty

  • All garments are covered by a three (3) month warranty starting from the date the product is received.
  • After this period, no claims will be accepted for any reason.
  • In the event of a claim, the quality department will inspect the product and issue a response within eight to fifteen (8–15) business days.
  • If the garment can be repaired, it will be repaired. Otherwise, it will be exchanged for another garment with the same characteristics in perfect condition.
  • If the warranty claim is rejected, the garment will be returned to the customer.

3.6 Wrong products

The customer must report the error within 4 business days after delivery by sending photos, videos, and the order number to the customer service email. UNDERGOLD CORP will arrange the pickup and send the correct product.

3.7 Cancellations

  • The customer has the right to cancel their purchase order in whole or in part, provided that it has not been shipped, without the need for UNDERGOLD CORP. to have been in breach. To do so, the customer must send written notice via WhatsApp: +57 333 255 0688 or email: digital@undergoldapparel.com.
  • If the order has not been shipped, UNDERGOLD CORP. will issue a full refund of the amount paid.
  • If the order has already been dispatched, it will be treated as a product return, and the provisions of the Refund Policies section will apply. In this case, the shipping cost or the taxes charged (in the case of international shipments) will be deducted from the refund, as applicable.
  • The refund will be made within a maximum of thirty (30) business days from receipt of the email requesting the cancellation.

4. Payment Methods

  • Only the payment methods available at the website checkout are accepted.
  • All transactions are secure and processed through trusted payment gateways.
  • An order is considered confirmed only when the customer receives the confirmation email.
  • If the payment is declined by the financial institution, the order will be automatically canceled without any liability to UNDERGOLD CORP.

4.1 Available payment methods

We offer different payment options so you can choose the one that suits you best:

  • Credit or Debit Card (VISA, Mastercard, American Express or other enabled cards): available on the website. The corresponding amount will be charged automatically once the payment is confirmed.
  • Shop Pay, Afterpay, Apple Pay, Google Pay, Klarna: enabled on the website for online payments.

Important: We do not offer cash on delivery. All orders must be paid in advance in order to be processed.

UNDERGOLD CORP. reserves the right to verify:

  • The validity of the payment method used.
  • The credit standing in relation to the value of the order.
  • The accuracy of the buyer's billing and address information.

UNDERGOLD CORP. may reject orders in the event of inconsistencies or negative results in these checks.

4.2 Payment validation

Payments made by credit card may be subject to a prior verification process. In some cases, the buyer may be asked to send a photograph of the cardholder's identity document in order to prevent fraud, identity theft and possible issues with the bank.

4.3 Invoicing and receipts

The customer will receive the corresponding electronic invoice by email once the order has been shipped, and no later than the calendar day following confirmation of the purchase.

Within that same period, UNDERGOLD CORP. will send an order acknowledgment with accurate information on:

  • Estimated delivery time.
  • Exact price, including taxes and shipping costs.
  • Payment method used.

5. Complaints and Dispute Resolution

Claims may be submitted through:

6. Promotions and Coupons

Coupons will indicate their value, minimum purchase amount, and validity period.

  • They cannot be combined with other promotions.
  • They are for single use per customer.
  • All coupons received via email or WhatsApp can only be redeemed through our website; they are not valid at physical stores.
  • They do not apply to discounted items, packs, jewelry, footwear, perfumes, or phone cases.

7. Intellectual Property Rights

The content of the website (texts, images, logos, software, etc.) is protected by intellectual property rights. Its reproduction, distribution, or exploitation without the written authorization of JADRI S.A.S. is strictly prohibited.

8. Lost or Stolen Package

Undergold is not responsible for any lost or stolen shipments and will not pay shipping cost for uncollected packages. However, if your package does not arrive, please contact FedEx for support: www.fedex.com/en-us/customer-support.html.

9. Damaged / Opened Box

If you receive your package and it is damaged and/or opened, please take a photo of the damage before checking the contents inside. Please submit a claim via the courier used to ship your order. Please also contact us at digital@undergoldapparel.com.

10. Company Information

11. Customer Service

12. Privacy Policy

UNDERGOLD CORP would like to inform you that this Privacy Policy governs the processing of personal data collected when you access, use, and browse the website www.undergold.com (hereinafter, “the Site”).

By interacting with, using, or browsing the Site, as well as voluntarily providing your personal data, you are deemed to have given your consent and acceptance of the terms outlined in this Policy. We invite you to carefully review its contents.

12.1 Collection of personal data from the user

The User's personal data may be collected through the Site by registering and opening an account on the Site, in order to participate in promotions, competitions or proceed with the purchase of products using the e-commerce tools made available. To this end, at the time of registration, the User expressly authorises the processing of his/her personal data in accordance with the authorisation text made available, acceptance of which is a necessary step for the creation of the account on the Site.

Personal data may consist of name, identification number, email, telephone, city, date of birth, among others such as consumption habits. The personal data to be processed will be of a private or semi-private nature as appropriate, expressly excluding from the collection personal data of a sensitive nature, as well as personal data of minors.

Those personal data collected will be included in the databases owned by UNDERGOLD CORP and will be used for the purposes set out in this Policy.

12.2 Purpose of the processing of personal data

The processing of personal data will be carried out for the purpose of carrying out, by any means, marketing, promotion, own or third party advertising, technical support, marketing, service improvement, consultations, control, enabling means of payment, commercial and consumer assistance, service and technical support of products and services, as well as any other related to products and services, current and future, of UNDERGOLD CORP. Notwithstanding the foregoing, the User may always request the cessation of sending emails.

Likewise, the personal data supplied or obtained by UNDERGOLD CORP. may be processed, collected, stored, used, updated, mainly to make possible the provision of its services, for the accounting records that are required and for reports to control and surveillance authorities. Likewise, personal data will be used for administrative, commercial and advertising purposes and contact with the owners of the same.

Likewise, the User grants authorisation for the transfer, communication, transference and/or national or international transmission or assignment of personal data and databases to third parties, whether they are responsible and/or in charge, in accordance with the business needs of UNDERGOLD CORP. For this purpose, the User grants express authorisation for the international transfer of his or her personal data.

UNDERGOLD CORP. undertakes that the information it obtains from users will not be shared with companies or third parties that do not have any direct link with UNDERGOLD CORP.

12.3 Security measures

UNDERGOLD CORP. has adopted technical, human and administrative measures that provide security to personal data, avoiding its adulteration, loss, consultation, use or unauthorised or fraudulent access. UNDERGOLD CORP. maintains security protocols of mandatory compliance for staff with access to personal data and information systems, in order to ensure the security and confidentiality of the treatment.

12.4 Exercise of rights and complaints

The exercise of rights, petitions, queries, and claims can be made to UNDERGOLD by means of a written letter sent by e-mail to digital@undergoldapparel.com.

This Policy is effective as of November 2015; substantial changes will be duly reported by Undergold CORP.

12.5 Contact and exercise of rights

To exercise any of the above rights or to submit inquiries or complaints related to the protection of personal data, the User may contact us via email at digital@undergoldapparel.com.