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Terms and Conditions

 WELCOME TO OUR WEBSITE!

Marienberg Gestora de Negocios Limitada y Compañía en Comandita, RUT 93.320.000-0, is a family company with more than 80 years of experience at the forefront of the market, standing out for producing, marketing, and representing high-quality products.

We have a new and significant production plant in the city of Santiago, which is equipped with highly sophisticated equipment that allows us to continue projecting ourselves as a leading company in the production of ropes, twine, straps, strapping, extruded meshes, diamond tubular mesh, packaging mesh (mesh sacks) and Raschel meshes, among other products.

Marienberg, MBG and Treetop are registered trademarks of Marienberg Gestora de Negocios Limitada y Compañía en Comandita, R.U.T.:93.320.000-0. (T.I.P. Number: 93.320.000-0)

These terms and conditions detail the rules and regulations for using this website, located at www.marienberg.cl or any of its mirror sites.

By accessing this website, you are deemed to accept these terms and conditions (“Terms and Conditions”). Discontinue use of the Web site if you do not agree to the Terms and Conditions outlined in this text.

The following terminology applies to these Terms and Conditions: “Customer,” “You,” “You Sir” refers to the person who is logged into the website and who accepts these Terms and Conditions. “The Company”, “We”, “Us”, “Marienberg”, refers to Marienberg Gestora de Negocios Limitada y Compañía en Comandita and its subsidiaries. All terms refer to the offer, acceptance, payment, exchange, and provision of services between Marienberg and its Clients, subject to the legislation in force in the Republic of Chile.

COOKIES 

The Marienberg website may use cookies to enhance your browsing experience. By accessing it, you agree to the use of cookies.

LICENSES AND INTELLECTUAL PROPERTY 

Unless otherwise indicated, Marienberg owns the intellectual property on this website, including all text, diagrams, product images, videos, and all audiovisual material in general. All rights to that intellectual property are reserved as well as the use of the Marienberg, Treetop, Backyard, Mesh and Plastics Company trademarks, among others.

You must not:

  • Reproduce material from this website without the express written authorization of Marienberg;
  • Sell, license, lease, or otherwise appropriate material from this site;
  • Reproduce, duplicate or copy material from marienberg.cl, its mirror sites, or other Marienberg group sites;
  • Redistribute material from our websites.

LINKING TO OUR CONTENT (LINKS) 

The following entities and organizations may link to our website without our written agreement:

  • Government Agencies;
  • Web Search Engines;
  • Press;
  • Online Directories that may link to the website of Marienberg in the same way they connect to other companies.

The organizations listed may link to our website and its content as long as the link: (a) is not misleading; (b) does not falsely suggest sponsorship, endorsement, or approval of the linked party and its products or services; and (c) fits within the context of the linked to the website party.

Marienberg may consider and approve other link requests from the following types of organizations:

Commonly known business and/or consumer information sources;

  • .com community sites;
  • Associations or groups representing charitable organizations;
  • Distributors of online directories;
  • Internet portals;
  • Accounting, legal, as well as consulting firms, and educational and trade organizations and associations.

Marienberg will approve link requests from these organizations if it believes that (a) the link does not harm Marienberg’s image or business; (b) there is no negative record of the organizations listed in their relationship with Marienberg; (c) the benefit of the visibility of the link (hyperlink) outweighs the absence of the Company’s name, and (d) the link is in the context of general information.

Listed organizations may link to our website and its content provided that the link: (a) is not misleading; (b) does not falsely suggest sponsorship, endorsement, or approval of the linked party and its products or services; and (c) fits within the context of the linked website party.

If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an email to Marienberg, including your name, the name of your organization, contact information and the URL of your website, the URLs from which you intend to link to our website and the URLs of our website to which you intend to merge.

No use of the Marienberg logo, or any of its trademarks, is authorized in the absence of a special license agreement.

VISUAL FRAMES 

You may not create frames (iFrames) around our websites that alter in any way the visual presentation or appearance of our site.

LIABILITY FOR CONTENT 

Marienberg shall not be responsible for the content appearing on other websites linked to Marienberg, nor for the appearance of links to the website of Marienberg on any site that may be considered defamatory, discriminatory, obscene, criminal or that infringes, violates, or promotes the infringement or violation of the rights of third parties or applicable laws.

COPYRIGHTS

Marienberg reserves the right to request that you remove all links or any particular link related to our website at the request of the Company. Marienberg reserves the right to modify these Terms and Conditions and their contents at any time and without notice, except by posting the new Terms and Conditions on our website.

Marienberg makes no guarantee that the information on its website is correct or accurate or that it is complete. Neither does Marienberg undertake to ensure that the website is kept available or that the material on the website is kept up to date.

SECURITY OF INFORMATION 

The www.marienberg.cl website uses the SSL Extended Validation certificate, which allows for complete security and privacy of your data and electronic transactions, which means that no personal information can be read or captured by third parties.

PRIVACY POLICY AND RIGHTS 

The data already registered will not be handled by any other company or sold to any third parties. Marienberg will only use them to process the purchase, dispatch, and in some cases, to send advertising about offers and promotions.

All Marienberg customers may request their personal information recorded and arrange for the rectification, deletion, and/or cancellation of this data when it deems appropriate, under Law No. 19.628.

The use of this website, the application of these Terms and Conditions, the acts you perform, and the contracts you enter into through this website are subjected and under the laws of the Republic of Chile and especially the law 19.496 of protection of consumer rights.

Marienberg will therefore strictly apply all the benefits, guarantees, and rights recognized in favor of consumers in law 19.496. In addition, Marienberg adheres in all its parts to the Code of Good Practices for Electronic Commerce of the Chamber of Commerce of Santiago, which is available at the following link https://www.ecommerceccs.cl/wp-content/uploads/2018/02/CBBPP-DefinitivoVF.pdf

HOW TO BUY ON MARIENBERG.CL 

Marienberg sells Industrial and Household products, which people can only purchase over 18 years old (adults) through any electronic payment methods available on the site. If you are under 18. you may use this site only through your parents or legal representative.

To make purchases or contract services on this site, you must follow the following steps:

1.Select the products of your interest and add them to the “Shopping Cart” by pressing the “Add to Cart” button.

2.Then, you can continue looking for other products of interest to add them later to the cart or go to the shopping cart by pressing the button in the upper right corner.

Then you must press the “Checkout” button, which will take you to a form that you must complete with your personal information.

3.Select the type of shipment and one of the payment methods available on the site, then go to the corresponding payment web page section.

4.Once the previous condition is successfully fulfilled, the payment method will be charged, 5.the purchase receipt will be sent, and the product will be shipped to you, according to the shipping method you have selected, among those available on the site.

6.The receipt or invoice will be sent with your products.

REVOKE OR CANCEL A PURCHASE  

The customer may cancel his/her purchase within a maximum period of 12 hours from the purchase confirmation email that Marienberg delivers to its customers.

Cancellation: the user will have a period of 10 days to withdraw from the purchase of products made through virtual media. This right may not be exerted when the purchased good has deteriorated due to an event attributable to the consumer.

If the good or service was obtained through credit, this is without effect, but the interest is charged to the consumer when granted by a third party.

Marienberg shall be obliged to return the sums paid, without deduction of costs, as soon as possible and in any case within 45 days of the communication of the withdrawal. In the case of services, the refund shall only cover those sums paid that do not correspond to services already rendered at the date of withdrawal. You must return the packaging elements, user manuals, boxes, protection elements, and any other element that came with the goods in good condition.

To enforce these rights, the customer must contact Marienberg by email or telephone.

SHIPPING

Marienberg will make every effort to fulfill all purchase orders received. However, there may be cases where stock is no longer available for shipment or cannot be delivered to the requested destination, in which case the Customer should contact our Sales Room to arrange an alternative. If there is no satisfactory product exchange option, Marienberg undertakes the refund to be returned to the Customer. For successfully accepted purchase orders, shipments will be made within a maximum of 7 working days after your purchase is confirmed, under normal market conditions. The indicated term is merely referential, and in case of extraordinary situations, it may be exceeded.

Shipments are preferably made with the logistics operator Blue Express, and you can check the tracking of your order through www.bluex.cl. Once the product has been delivered to the logistics distribution company, delivery times will be subject to the feasibility and operation of Blue Express.

In case of withdrawal of the product, it can be made from our salesroom located in #1600 Santa Marta, Maipú, Monday through Friday (business hours) from 8:30 to 18:00 hrs.

Upon delivery of the product, it is the responsibility of the Customer to check that it is in optimal conditions and without any adulteration.

POST SALE, EXCHANGES, AND RETURNS 

If the purchased product does not satisfy you, it can be exchanged or returned within a period not exceeding 30 days from the date of receipt or invoice. The product must be presented for exchange or return in our office located in #1600 Santa Marta, Maipú, Santiago de Chile. The products must be unused, undamaged, with their labels and original packaging.

In case of refund, the company will credit the customer once the return has been accepted by the company, verifying that the product is not damaged or used, which will be informed through the email that has been registered. Marienberg shall be obliged to refund the sums paid, without deduction of costs, and as soon as possible and in any case within 45 days of the communication of the withdrawal. The refund will be made by the same means by which the purchase was made. If it is a credit card, it will be reversed to your card. If it is debit, it will be through a bank transfer.

LIABILITY DUE TO DAMAGES IN THE USE OF THE PRODUCTS

The Customer shall be held responsible for the correct use of the products, as well as the verification of their condition before making installations or large-scale use of them. The company is not responsible for adverse results in the use of its products. It will respond, when applicable, only up to the cost of the product purchased or according to the residual warranty thereof. This applies even to defective or out-of-specification products. For products marketed by Marienberg, the company shall have no liability whatsoever, except for the express conditions detailed and stipulated in the warranty of the manufacturer.

LEGAL WARRANTY 

All products purchased have a six-monthly legal warranty. The customer only has to bring it with its receipt, and it will be referred to the technical service, which will evaluate and certify the fault within 15 working days. Suppose the result indicates that the defect corresponds to manufacturing deficiencies not attributable to deterioration due to a fact attributable to the consumer. In that case, you can choose three options: repairing, exchange, or cancellation.

PROTECTION OF CONSUMER RIGHTS 

The legislation in force in Chile considers the warranty and expresses it as follows in Articles 20 and 21 of Law 19.496:

Article 20.- In the cases indicated below, without prejudice to the compensation for damages caused, the consumer may choose between the free repair of the good or, after restitution, its replacement or the refund of the amount paid:

  1. When products subject to mandatory safety or quality standards do not meet the corresponding specifications;
  2. When the materials, parts, pieces, elements, substances, or ingredients that constitute or integrate the products do not correspond to the specifications that they display or to the mentions on the labeling;
  3. When any product, due to deficiencies in its production, elaboration, materials, parts, pieces, elements, substances, ingredients, structure, quality, or sanitary conditions, as the case may be, is not entirely suitable for the use or consumption for which it is intended or to which the supplier had indicated in its advertising;
  4. When the supplier and consumer had agreed that the products object of the contract must meet certain specifications and this does not occur;
  5. After the first time the guarantee has been made effective and the related technical service has been rendered, the deficiencies that make the good unfit for the use or consumption referred to in letter c) still exist. This right shall live in the event of the occurrence of a deficiency other than the one that was the object of the technical service, or if the same occurs again within the periods referred to in the following article;
  6. When the thing object of the contract has defects or hidden defects that make the use to which it is regularly destined impossible;

When the grade of the metals in the articles of goldsmithery, jewelry, and others is lower than that indicated therein.

For the purposes of this article, a single good shall be considered to be that which has been sold as a whole, even if it is made up of different units, parts, pieces, or modules, notwithstanding the fact that these may or may not be useful independently of each other. Notwithstanding the foregoing, in the case of replacement, such replacement may be made concerning a unit, part, piece, or module, provided that it is for another unit, component, part, or module equal to the one being replaced.

Article 21.- The exercise of the rights encompassed in articles 19 and 20 shall be made effective before the seller within 6 months following the date on which the product has been received, provided that the product has not deteriorated due to an event attributable to the consumer. If the product has been sold with a specific warranty, the term for which it was extended, if longer, shall prevail.

The consumer who, in exercising the rights provided for in Article 20. chooses to have the product repaired may address himself/herself, indistinctly or jointly, to the seller, the manufacturer, or the importer. Once the option has been made, the requested party may not derive the claim.

The supplier who has marketed the good or product and the importer who has sold or supplied it shall be jointly and severally liable for the damages caused to the consumer. If the consumer requests the repair only from the seller, the latter shall be entitled to the right of redress provided for in article 22.

The actions referred to in the first paragraph may also be asserted indistinctly against the manufacturer or the importer in the event of the absence of the seller because he has been subject to bankruptcy proceedings for liquidation, termination of business, or other similar circumstances. In the case of reimbursement of the amount paid, the action may only be brought against the seller.

The seller, manufacturer or importer, as the case may be, shall respond to the exercise of the rights referred to in Articles 19 and 20 in the same premises where the sale was made or in the offices or premises where he regularly serves his customers, and may not condition the exercise of the above-mentioned rights to be made in other places or in conditions less convenient for the consumer than those in which he was offered to make the sale unless he consents thereto.

In the case of perishable products or products which by their nature are intended to be used or consumed within a short period, the term referred to in the first paragraph shall be that printed on the product or its packaging or, failing that, the maximum term of seven days.

The term contemplated in the warranty policy granted by the supplier and the term referred to in the first paragraph of this article shall be suspended during the time the goods are being repaired in the exercise of the warranty.

In the case of goods covered by a warranty granted by the supplier, the consumer, before exercising any of the rights conferred by Article 20. shall make it effective before the appropriate person and exhaust the possibilities offered, according to the terms of the policy.

The warranty policy referred to in the preceding paragraph shall produce full proof if it has been dated and stamped at the time of delivery of the good. The same effect shall have the policy above, even if it has not been dated or stamped at the time of delivery of the goods, provided that it is exhibited with the corresponding invoice or sales receipt.

In the case of the refund of the amount paid, the term for exercising the action shall be counted from the date of the corresponding invoice or bill and shall not be suspended in any case. If such refund is agreed upon after the expiration of the term referred to in Article 70 of Decree-Law No. 825 of 1974. the consumer shall only be entitled to recover the net price of the goods, excluding the corresponding taxes.

To exercise these actions, the consumer must prove the act or contract with the respective documentation, except in cases where the supplier is taxed under the presumptive income regime, in which the act or contract may be accredited by all conducive means of proof…’.

* It is the responsibility of the user to correctly define the products to be used. We describe the recurring uses in the different markets, without this implying a recommendation of use by Marienberg.

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