Terms and Conditions
Welcome to Mocán!
This document sets forth the terms under which Grupo San Jorge S.A.S., identified with Tax ID (NIT) 901.782.949-7, operating under the brand name MOCÁN, regulates the use of its web portal https://www.mocan.com.co. By accessing this website, you accept these terms and conditions. If you do not agree with all the terms and conditions stated herein, please do not continue using Mocán.
Website and Online Store
General conditions for website use and purchase of MOCÁN products — national and international sales.
1. Subject and Acceptance
These Terms and Conditions regulate access to and use of the MOCÁN website and online store, as well as the purchase of its products by natural or legal persons, both within Colombian territory and abroad. The site operates under the laws of the Republic of Colombia.
Accessing, browsing, or making a purchase grants the status of User and implies full, unreserved acceptance of these Terms and Conditions, the Privacy and Personal Data Processing Policy, and MOCÁN's Warranty, Returns, and Right of Withdrawal Policy. Anyone who does not agree must refrain from using the site.
2. Legal Capacity and Registration
To make a purchase, the User declares that they are of legal age and have the legal capacity to enter into binding agreements pursuant to Articles 1502 et seq. of the Colombian Civil Code. When acting on behalf of a legal entity, the User declares having sufficient authority to do so.
3. Products, Information, and Availability
MOCÁN produces fine chocolates originating from Córdoba. As food products, they are perishable in nature and have an expiration date. Information regarding ingredients, cocoa content, allergens, weight, storage conditions, and the corresponding sanitary registration is provided on the site and product labeling in compliance with applicable INVIMA regulations.
All content (logos, photographs, texts, and illustrations inspired by Zenú culture) is the exclusive property of Mocán. Unauthorized reproduction is strictly prohibited.
Images are illustrative and may display reasonable variations in color, texture, or presentation inherent to the product. Product availability is subject to stock. MOCÁN reserves the right to modify, withdraw, or limit products and promotions without prior notice, while honoring orders already confirmed and paid for.
Chocolate is heat-sensitive. The User acknowledges that weather conditions at the destination may affect the product's appearance (such as blooming or "fat bloom") without this constituting a defect in quality or safety.
4. Prices, Taxes, and Currency
Domestic Sales: Prices are expressed in Colombian Pesos (COP) and do not include VAT.
International Sales: Prices may be displayed in COP or in the currency indicated on the site. They do not include import duties, taxes, customs fees, or charges imposed by the destination country, which shall be borne by the User.
MOCÁN may update prices at any time; the applicable price will be the one in effect at the time the Order is confirmed. Obvious typographical errors in pricing do not bind MOCÁN and will be corrected, giving the User the option to confirm or cancel the Order.
The User selects the products, adds them to the shopping cart, and completes payment through the dLocal Go payment gateway. Mocán does not store credit or debit card information. The order is confirmed once the payment system validates the transaction.
5. Purchase Process and Contract Formation
The User selects the products, verifies their shopping cart, and provides shipping and billing details.
The User expressly accepts these Terms and Conditions and associated policies.
The User completes payment using the enabled methods through the dLocal Go gateway.
The order is confirmed once the payment system validates the transaction.
MOCÁN reserves the right not to accept or to cancel Orders in the event of suspected fraud, inability to verify payment, lack of inventory, or legal shipping restrictions, in which case any sums received will be refunded.
6. Payment Methods
Payments are processed through the payment gateways and methods enabled on the site (credit/debit cards, PSE, digital wallets, and other reported methods). Processing is conducted by third-party providers under their own security standards and terms. MOCÁN does not store full payment card details of Users.
7. Cookies
This website uses cookies to personalize your online experience. By accessing Mocán, you agree to the use of necessary cookies. A cookie is a text file placed on your hard drive by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. They are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the option to accept or decline optional cookies. Certain cookies are strictly necessary for the operation of our website; these do not require your consent as they are always active. Please note that by accepting required cookies, you also accept third-party cookies, which may be utilized through third-party services integrated into our website (for example, an embedded video player provided by a third party).
8. Shipping and Delivery
8.1. Domestic Shipping
Deliveries within Colombia are handled through partner logistics operators. Delivery times are estimates and depend on the destination city and operator availability. MOCÁN will provide order status updates and, where applicable, a tracking number.
8.2. International / Export Shipping
International delivery times are estimates and may vary due to customs procedures beyond MOCÁN's control.
The User is responsible for verifying that food products can legally enter the destination country. Certain countries restrict food imports.
Customs duties, taxes, and clearance expenses are borne by the User. Detention, delay, or rejection of the shipment by destination country authorities is not the responsibility of MOCÁN.
Unless otherwise agreed, liability and risk regarding the merchandise are transferred in accordance with the Incoterm specified during the purchase process.
Given the perishable nature of chocolate and its sensitivity to heat, MOCÁN may restrict certain destinations or shipping periods to preserve product quality.
9. Warranty, Returns, Right of Withdrawal, and Reversal
The terms regarding legal warranties, returns, the right of withdrawal, and payment reversal are governed by MOCÁN's Warranty, Returns, and Right of Withdrawal Policy, which forms an integral part of these Terms and Conditions and is available on the site.
10. Inquiries, Complaints, Claims, and Suggestions (PQRS)
The User may submit PQRS through the designated channels provided by MOCÁN, in accordance with the PQRS Procedure published on the site.
11. Intellectual Property
The brand "MOCÁN", its logo, symbol, distinctive marks, texts, photographs, designs, packaging, and other content on the site are owned by MOCÁN or its licensors and are protected under industrial property and copyright laws. Unauthorized reproduction, distribution, or use is strictly prohibited.
12. Site Use and Prohibited Conduct
The User agrees to use the site in good faith and in compliance with the law. Specifically, the User shall refrain from:
Providing false information;
Breaching the security of the site or third parties;
Engaging in reverse engineering, massive data extraction, or unauthorized automated use;
Infringing upon intellectual property rights; and
Any conduct that impairs the operation of the site or the rights of other users.
13. Third-Party Links and Services
The site may contain links to or integrate third-party services (payment gateways, logistics operators, social networks). MOCÁN is not responsible for the content, policies, or practices of such third parties, which are governed by their own terms.
14. Personal Data Processing
The processing of Users' personal data is governed by MOCÁN's Privacy and Personal Data Processing Policy, established pursuant to Law 1581 of 2012 and its regulatory decrees, available on the site.
15. Modifications
MOCÁN may modify these Terms and Conditions at any time. Modifications take effect upon publication on the site. Each Order will be governed by the terms in effect at the time of its confirmation.
16. Force Majeure
MOCÁN shall not be held liable for non-performance or delays resulting from force majeure or fortuitous events, such as natural disasters, governmental restrictions, third-party logistics or telecommunication failures, or other events beyond its control.
17. Limitation of Liability
MOCÁN is liable for the quality, suitability, and safety of its products under the terms of the law. Except in cases of willful misconduct or gross negligence, and without prejudice to non-waivable consumer rights, MOCÁN is not liable for indirect damages or improper handling/storage of the product by the User (e.g., breakdown of the proper cold chain after delivery).
18. Applicable Law and Dispute Resolution
These Terms and Conditions are governed by the laws of the Republic of Colombia. The Superintendency of Industry and Commerce (SIC) is the competent consumer protection authority. The parties will endeavor to resolve any disputes directly; failing that, they submit to the jurisdiction of the courts of the Republic of Colombia, without prejudice to legal actions available to the Consumer before the SIC.
19. Severability and Entirety
If any provision of these Terms and Conditions is declared null or unenforceable, the remaining provisions shall remain in full force and effect. Headings are included for convenience of reading only.
20. Contact Information
Email: cacao@mocan.com.co. WhatsApp / Phone: +57 3116563253. Website: www.mocan.com.co
