PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

 

GENERAL TERMS AND CONDITIONS OF USE FOR THE CMPC MADERAS ECOMMERCE WEBSITE

 

 

1.       About the CMPC Maderas eCommerce Website

Legal Name: CMPC USA INC.

Entity Type: Domestic Profit Corporation

Control Number (Registration Number): 0201086

Principal Office Address: 1040 Crown Pointe Parkway, Suite 710, Atlanta, GA, 30338, USA

Contact Email: ecommerce.woodproducts@cmpc.cloud 

 

 

2.       General Aspects

 

Welcome to the CMPC Maderas eCommerce platform. These Terms and Conditions (hereinafter, "Terms") govern the access and use of the website cmpcwoodproducts-ecommerce.com (the "Website") by CMPC Maderas customers with an active account. 

 

The Privacy Policy, Cookies Policy, and other operational documents published on the Website form an integral part of these Terms. By accessing the Website, the user accepts these Terms, which may be read or printed. The access and use of the Website are governed by the applicable laws of the United States, regardless of the user's location.

 

CMPC USA INC. (hereinafter, "CMPC Maderas") provides its customers (the "Customers") with this B2B portal (the "Portal") for generating Purchase Orders for its products (the "Products"). Access to the Portal is free of charge and subject to these Terms. Use of the Portal implies full acceptance of these Terms.

 

The sale of Products is subject to final approval by CMPC Maderas, which reserves the right to reject an order based on the Customer's credit line, delinquency status, compliance with the Framework Agreement, and other terms of sale agreed upon in the current price list and promotions. CMPC Maderas may modify or remove Products, as well as the terms of access and use of the Website, at any time and without prior notice.

Despite CMPC Maderas' efforts to prevent errors, the total absence of errors in content provided by third parties is not guaranteed. Users are advised to review any updates or corrections on the Website and confirm relevant information through the communication channels provided herein. 

 

 

3.       Conditions of Access and Use of the Website

 

CMPC Maderas has created non-transferable accounts for each Customer, associated with their email address and under their exclusive responsibility. The User must set a confidential password, which only they must know. The Customer and/or User accepts exclusive responsibility for maintaining the confidentiality and security of their password. They must immediately notify CMPC Maderas of any unauthorized use of their information, account, or password.

 

CMPC Maderas is not responsible for losses caused by the unauthorized use of an account, and the Customer assumes all liability arising from such use. Customers and/or Users commit to using their account in good faith and in accordance with the established conditions. CMPC Maderas reserves the right, at its sole discretion, to cancel any account in the event of misuse.

 

Customers and/or Users will only have access to their specific commercial information and are obligated to immediately report any errors or anomalies detected while accessing the Website. Customers and/or Users must use the Portal responsibly, in compliance with the law, and solely for the purposes specified in these Terms.

 

 

4.       Modifications to the Terms of Use

 

CMPC Maderas reserves the right to modify the Website, this document, the services, and the terms of use at any time. If any provision within these Terms of Use is declared invalid or unenforceable, it shall be deemed severed without affecting the validity and enforceability of the remaining provisions.

 

 

5.       Commercial Agreement

 

Orders placed through the Website are governed by these Terms and Conditions, as well as by the Framework Agreement and its current Appendices in effect between CMPC Maderas and the Customer. Matters not covered under these Terms (such as shipping, invoicing, payment, the term of the commercial relationship, etc.) shall be governed by the Commercial Agreement and its Appendices. In the event of a conflict between these Terms and the Commercial Agreement and its Appendices, the latter shall prevail.

 

 

6.       Order Placement Process

 

The Website allows users to generate Purchases and their corresponding Purchase Orders. To place an order, follow these steps:

·         Select Products: In the main menu, click on "My Products" or "Catalog" to browse and choose your products.

·         Add to Cart: Select the desired items and click "Add to Cart."

·         Review Cart: Once you have selected all your products, click on the cart icon and select "Checkout."

·         Verify Order Summary & Credit: An order summary will be displayed. At this stage, you will be able to review your available CMPC Credit Balance.

·         Enter Purchase Order: Enter your internal Purchase Order (PO) number in the designated field.

·         Shipping & Delivery: Select your preferred Delivery Method and fill in the required logistics information.

·         Payment & Invoicing: Proceed to the Payment Options section and confirm your Billing Address.

·         Finalize Order: Review your final details and click "Complete Order." Upon clicking, CMPC Maderas will immediately begin processing your order.

When placing an order and generating a Purchase Order, the Customer and the designated user are solely responsible for product selection, price acceptance, shipping location, and any other decisions made at the time of order placement. No subsequent claims related to these decisions will be accepted.

 

The user may cancel an Order within a period of three business days, provided it has not been fully or partially confirmed by CMPC Maderas. To cancel, the user must go to "My Orders" in the main menu and select "Cancel". Orders already confirmed by CMPC Maderas cannot be canceled.

 

The Customer has a period of five business days after payment to pick up the cargo. Otherwise, CMPC Maderas may cancel the order.

 

Order Status Stages:

a)       Planned: The order has been entered into the CMPC Maderas system and will be confirmed via email.

b)      Credit Availability Analysis: The Finance and/or Commercial department of CMPC Maderas is reviewing the order details.

c)       Canceled by System: The order is canceled because the Customer does not meet Finance department requirements (delinquency, breach of the Framework Agreement, etc.).

d)      Canceled by Customer: The Customer canceled the order (only available prior to CMPC Maderas' confirmation).

e)      Rejected by Executive: CMPC Maderas reserves the right to reject the order based on objective criteria (credit availability review, delinquency, etc.).

f)        Partially Confirmed or Fully Confirmed: An email is sent informing the Customer that CMPC Maderas has partially or fully accepted the order.

g)       Partially Shipped or Fully Shipped: The order has been dispatched, with the corresponding delivery record established.

You can check the status of a specific order at any time by clicking on "My Orders". If you have any questions, please contact your Sales Executive (Administrator) as designated in the Commercial Contract.

 

 

7.       Payment Methods

 

Unless another payment method is explicitly indicated for specific cases, products and services on this Website shall be paid as follows:

·         ACH / Bank Transfer: The Customer has a maximum of 1 business day to submit proof of the ACH transfer, in accordance with the purchasing portal conditions. Failure to do so may result in CMPC Maderas canceling the purchase.

·         Credit Line: This method is only available to Customers with a credit line approved by CMPC Maderas. The purchase will be confirmed upon checkout.

 

 

8.       Privacy Policy and Cookies Policy

 

CMPC Maderas will process Customer personal data solely to manage orders placed through the Website. All necessary and prudent measures will be adopted to safeguard the security of personal data. The Customer guarantees the veracity of the personal data provided to CMPC Maderas and agrees to notify any changes to it.

 

CMPC Maderas may contact the user by phone or email to verify information and prevent fraud in the event of changes to registered information, transaction irregularities, or risks to user identity. If fraud is detected or user security is compromised, and it is impossible to contact the user to confirm or dismiss these risks, the Purchase Orders may be canceled.

 

The Cookies Policy and Privacy Policy are available in the "Footer" section at the bottom of this website. The user guarantees that any information, material, content, or remarks (excluding personal data) provided to CMPC Maderas through the Website do not infringe third-party intellectual property rights, do not include third-party personal data, and do not violate any other legal provisions.

 

 

9.       Intellectual Property

 

All content on the Website, including text, graphics, logos, advertising, icons, source code, images, audio, digital downloads, and data (hereinafter, the "Content"), is the property of CMPC Maderas or third parties who have authorized its inclusion, and is protected by international intellectual property laws.

 

Any total or partial use and exploitation of the Content is expressly prohibited, including any reproduction (except as necessary to access the Website), adaptation, translation, storage, or processing in other media (including electronic processing of information and images), and may constitute a legal offense under current legislation. Any use or exploitation of the Content under the aforementioned terms requires prior written authorization from CMPC Maderas.

 

The logos of CMPC Maderas and its products, its distinctive signs, and the names and brands of its products, services, and establishments are registered trademarks and industrial property of CMPC Maderas. Unauthorized use or abuse of these trademarks is strictly prohibited and constitutes a legal infringement.

 

The modification, copying, distribution, transmission, exhibition, publication, editing, sale, or any other form of commercial exploitation of the design and content of the Website is prohibited. CMPC Maderas does not grant any license or authorization for the personal use of its intellectual and industrial property rights. The user acknowledges that any unauthorized reproduction, distribution, commercialization, or transformation of the Content constitutes an infringement of the intellectual property rights of CMPC Maderas or their respective holders.

 

 

10.   Liability Framework

 

Liability for Website Use

 

The user is solely responsible for any infractions committed or damages caused to themselves or third parties arising from the use of the Website. CMPC Maderas is exempt from any liability for the actions of the user. The user is solely liable for any claims or legal actions (judicial or extrajudicial) initiated by third parties against CMPC Maderas due to the user's utilization of the Website. The user shall assume all costs, expenses, and indemnifications resulting from such claims or legal actions.

 

Liability for Website Operation

 

CMPC Maderas will adopt all necessary measures within its power to protect the proper operation of the Website. However, CMPC Maderas is not liable for interferences, omissions, interruptions, viruses, defects, overloads, or disconnections in telephone lines or the Internet, nor for damages caused by unlawful third-party intrusions outside of its control. Liability, if applicable, shall fall exclusively on those responsible for such damages, and not on CMPC Maderas.

 

Liability for Third-Party Websites

 

The Website contains links to websites operated by third parties, the content of which is not always known to CMPC Maderas. CMPC Maderas merely facilitates access to these sites and assumes no responsibility for their content. These links are provided solely to facilitate navigation. CMPC Maderas is not responsible for legal violations or infringements of third-party rights that may occur on third-party websites. Statements on linked sites do not necessarily reflect the opinion of CMPC Maderas. CMPC Maderas explicitly disconnects itself from all content on linked third-party sites. Responsibility for the content of these sites, the sale of products, and order management rests exclusively with their owners , which includes the handling of personal data accessed by such sites. This liability exemption applies to all links present on the Website and to the content of any websites accessed through them.

 

Liability for Advertising

 

The Website may include its own advertising or advertising sponsored by third parties. Advertisers and sponsors are solely responsible for ensuring that their material complies with applicable legislation. CMPC Maderas is not liable for errors, inaccuracies, or irregularities in advertising content.

 

 

11.   Confidentiality

 

The Parties agree to maintain strict secrecy and confidentiality regarding the contents of this Agreement and its appendices before third parties, throughout the duration of the Agreement and up to one year after its termination. The Parties state that the confidentiality obligation shall not extend to authorities who, within the scope of their competence and for the exercise of their legal powers, request this Agreement or documents derived from its execution

 

 

12.   Compliance and Crime Prevention (U.S. Regulatory Compliance)

 

The Customer agrees not to engage in any acts or activities that may constitute a violation of applicable federal, state, and local laws and regulations of the United States. Specifically, the Customer commits to strict compliance with laws preventing corporate liability, including but not limited to: bribery and corruption under the Foreign Corrupt Practices Act (FCPA), money laundering under the Bank Secrecy Act (BSA), terrorist financing, mail and wire fraud, receipt of stolen property, commercial bribery, misappropriation of funds, and environmental crimes under federal regulations.

 

The Customer acknowledges that CMPC Maderas operates under a comprehensive Corporate Compliance and Ethics Program to prevent, detect, and remediate the aforementioned offenses. The Customer agrees to comply fully and in a timely manner with all requirements set forth in this program and in the Corporate Integrity and Probity Policy (both available on the website www.cmpc.com). Furthermore, the Customer agrees to respond promptly to any inquiry, audit, or request made by CMPC Maderas regarding compliance matters.

 

 

13.   Free Competition

 

Customers and/or Users declare knowledge of, acceptance of, and commitment to comply with the Integrity and Free Competition Policy, available at www.cmpc.com. This policy forms part of CMPC's Antitrust Compliance Program and represents the Company's commitment to strictly comply with all laws and regulations that protect and govern free competition, including international best practices. It also establishes the minimum behavioral standards expected and demanded from its collaborators, counterparts, and third parties in general to prevent anticompetitive conduct.

 

CMPC Maderas makes its commercial or strategic decisions autonomously and independently, and, in turn, its customers are free and independent to determine retail prices and any other commercial conditions they deem appropriate, voluntarily and at their sole discretion.

 

 

14.   Reporting Hotline

 

The Customer declares knowledge that CMPC Maderas has established an anonymous and confidential Reporting Hotline available on the website https://lineadenuncia.cmpc.cl for collaborators, counterparts, and third parties in general to immediately report facts or circumstances that constitute or could constitute an infraction of its Code of Ethics, Policies, other corporate regulations, applicable laws, and, in general, any fact that currently or potentially could affect CMPC Maderas regarding criminal liability, civil liability, or reputation.

 

The Customer is obligated to report these facts immediately through the aforementioned system, without prejudice to adopting all necessary measures to prevent, stop, or mitigate their effects. The Customer commits to providing CMPC Maderas with all information required within the framework of internal investigations carried out, whether purely preventive or when investigating facts constituting a crime, and whether these investigations are systematic or randomized.

 

 

15.   Applicable Law and Jurisdiction

 

Any controversy, claim, or dispute arising from or relating to the interpretation, validity, performance, or breach of these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to its conflict of law principles.

CMPC Maderas and the user of the Website hereby irrevocably consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Atlanta, Georgia, for the resolution of any such dispute, waiving any objection based on an inconvenient forum (forum non conveniens).