TERMS AND CONDITIONS TO MAKE ONLINE PURCHASES ON THE MARIA ALMENARA WEBSITE

Welcome to Maria Almenara!

Maria Almenara offers you a menu of products each time you visit or buy on the website https://mariaalmenara.pe/   (hereinafter, "the Website") or use any other service made available to Clients. Maria Almenara provides its products under the conditions established on this page, so we ask you to read these conditions carefully. 

These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, suppliers, customers, merchants, and / or content contributors.

For this reason, by entering the Website, you agree to be bound by these conditions, as well as other additional terms and conditions and policies referred to:

GENERAL CONDITIONS OF USE

  1. Declarations

Maria Almenara SAC . (hereinafter, "Masac" or "the Company") is a private law legal entity constituted according to Peruvian law and domiciled for the purposes of this document in the city of Lima, Peru.

Masac offers you a wide range of products online (hereinafter "the Products"). On occasions, particular conditions may apply to the services, therefore, in this situation, the relevant terms and conditions will prevail over these Conditions of Use in the event of a discrepancy between the two.

  1. Registration procedure and use of the Website

A Masac Client is considered to be any natural person over the age of eighteen (18) who visits, or registers (that is, create an account) on the Website, without the need for these activities to converge. 

For this reason, you declare to be of legal age and to be in full capacity to contract according to Peruvian law. He also declares to have the ability to discern, to have accessed the Website of his own free will without having been coerced to do so, as well as that his use of the Website is done for his sole and sole account and risk.

   

On the other hand, to be a registered Customer and access the online shopping service, and some other services of the Website, you must complete the registration form in all its fields with valid data, for which you agree to be responsible for safeguarding the confidentiality of your password and restrict access to your computer or other devices, as well as accepting these terms and conditions.

To the extent permitted by applicable law, you agree to assume the responsibility arising from the use of your account and / or password, so you will have the obligation to inform us immediately if you have reason to believe that your password has been made known to a third party, or has been used in an unauthorized manner. It is your responsibility to check that the information we have on your account is updated, for which you can access the "YOUR ORDER" section on the Website

  1. Privacy

All personal information that you provide or is collected through the Website will be processed mainly by Masac. The personal information we collect from our Customers helps us personalize and continually improve their purchases on the Website. 

In accordance with Law No. 29733 - Personal Data Protection Law and its Regulations, approved by Supreme Decree No. 003-2013-JUS, personal data is understood to be all information about a natural person that identifies or makes identifiable to through means that can be reasonably used. If necessary, the Client authorizes the transfer of their data to companies at a national or international level related and / or associated with Masac in order to be able to properly manage the products and services requested by clients and the subsequent procedures, in relation to to the purpose indicated in the previous sections.

  1. What data do we collect? 

Those that you provide us in your registration form, comments and other supports:

  1. Email . We will communicate with you via email and receive alerts when you open our emails. 

  2. Mobile information: When you enter the Website created by Masac we will ask for your permission to use your location, to offer you specialized services, among others. This can always be managed from your mobile and / or laptop.

  3. Email: We will communicate with you via email and receive alerts when you open our emails. 

  4. Contact telephone number: When you register on the Website, you will be asked for the information of a mobile contact number, through which Masac may communicate with you only to carry out respective coordination for the delivery of the products.

  5. Financial and transactional information . (See "Security of Transactions")

In general, we use the information provided to manage orders, deliver products, offer services, process payments, contact you regarding orders, products, services and promotional offers, update our records.

We will also use this information to improve our online store and platform, to prevent or detect fraud or abuse on our Website and to allow third parties to carry out technical, logistical or other support on our behalf. 

  1. About Masac Products

Masac provides its Clients with access to multiple products and will do everything possible to offer them in the best way and quality. Therefore, you acknowledge and accept that the form and nature of the Website may change or be temporarily or permanently interrupted without the need for prior notice. 

Among the services offered by Masac, there is the possibility of ordering its products through the Website, which are subject to the following conditions: 

  • Masac establishes that all orders requested by phone, the Website and email may only be made with a minimum of twenty-four (24) hours of participation, upon payment of the total amount of the products requested.

  • The Client must abide by the delivery schedules established by Masac, in accordance with the provisions of the Conditions of Sale.

  • Masac recognizes that there is an additional surcharge for delivery, which will depend on the delivery area.

  • Masac establishes that the minimum amount to place orders via telephone, website and email is S /. 80.00 (Eighty Soles and 00/100 Soles)

  • Masac declares that the size of the products indicated on our website are referential.

  1. Modification of the Conditions of use and access

Masac reserves the right to add, change or otherwise modify these Terms of Use. Access or use of the Website by you implies your acceptance of the updated or modified Conditions. It is your responsibility to check this page periodically for changes. You can review the updated version of the Terms and Conditions, at any time on this page

Masac reserves the right to deny access to the Website and the services it offers to anyone, at any time and for any reason, including but not limited to ignorance of what is stipulated in this Contract.

In accordance with the civil liability rules, the Client acknowledges and accepts that Masac may request compensation for claims and expenses incurred by Masac as a result of the Client's ignorance or violation of the provisions of these Terms of Use, those that include professional attorneys' fees, judicial or administrative fees and any consequential damages or lost profits.

We reserve the right to deny access to the service, to cancel any accounts and to delete or modify any content in the event that the Client breaches the applicable legislation, these Conditions of Use or any other applicable terms and conditions or policies.

  1. Transaction security

Clients may make payments through the Cash Payment system with Debit Cards or Cash with all the security guarantees. Masac declares that the payment processing services on the Website are in charge of the company Qulqi, who will provide the services diligently and with due care for the security of the information. In this sense, Masac informs the Client that while you are on the Website, all the information of your means of payment will be received and handled in an absolutely confidential manner, according to the highest security standards and under the provisions of the laws in force in Peru.

Your purchase on the Website is safe because we have an SSL security certificate, for its acronym in English Secure Socket Layer, currently used by the most important companies in the world to carry out secure transactions. SSL provides authentication and information privacy between Masac and its Clients, through the use of cryptography. Your personal data and payment information with the number of your credit or debit card are received in an encrypted form and shared in this way with our payment means provider, which will allow you to use your credit, debit or prepaid cards from brands: Visa, MasterCard, American Express and Dinners Club. 

  1. Use and Guarantee of the Website

Masac does not guarantee the availability and continuity of the operation of the Website. Consequently, Masac will not be in any way responsible for any damage and / or harm that may arise from: (i) the lack of availability or accessibility to the Website; (ii) the interruption in the operation of the Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines and internet, data centers, in the Internet system or in other electronic systems, produced in the course of its operation; and, (iii) other damages that may be caused by third parties through unauthorized interference beyond Masac's control. 

Masac does not guarantee the absence of viruses or other elements on the Website introduced by third parties outside of Masac that may cause alterations in the physical or logical systems of the Clients or in the electronic documents and files stored in their systems. Consequently, Masac will not be in any way responsible for any damages of any nature that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Registered User. 

Masac adopts various protection measures to protect the Website and its contents against computer attacks by third parties. However, Masac does not guarantee that unauthorized third parties (using illegal or fraudulent ones) cannot know the conditions, characteristics and circumstances in which Clients access the Website. Consequently, Masac will in no way be responsible for any damages that may arise from said unauthorized access.

By signing these Terms and Conditions, the Clients who subscribe to this document declare that they will hold Masac, its parent company, directors, partners, employees, lawyers and agents harmless against any claim arising from: (i) the breach by part of the Client of any provision contained in the Terms and Conditions or of any law or regulation applicable to them; (ii) the breach or violation of the rights of third parties including, by way of example, other Clients, pedestrians; and, (iii) the breach of the permitted use of the Website, these conditions being merely illustrative and not exhaustive,

  1. Copyright, intellectual property rights, and database rights

Except where otherwise indicated, all content hosted on the Website constitutes Masa's intellectual property, for example logos, graphic texts, images, videos, downloads, databases, compilations, etc. All rights over said content are reserved, therefore they cannot be copied, imitated or used, totally or partially, without the prior written permission of Masac.

  1. Revisions and misprints

The images that appear on the Website could include technical, typographical or photographic errors. Masac does not guarantee that any of the images on its website are accurate, complete, or current. Masac can make changes to the images contained in its Website at any time without prior notice. 

  1. Applicable legislation

These Terms of Use are governed and will be applied and interpreted in accordance with Peruvian legislation. Any dispute that arises in its application will be submitted to the knowledge of the courts with jurisdiction in Lima, Peru.

  1. Contact

For any questions regarding these conditions, please contact us via email: pedidos@mariaalmenara.petiendalamar@mariaalmenara.pe , tienda2demayo@mariaalmenara.pe or via WhatsApp to the number 950664655.

TERMS OF SALE

These Conditions of Sale apply to product orders made through the Website. Furthermore, each time you use any present or future service on the Website, you will also be subject to the general terms and conditions and the particular conditions applicable to said service (the "General Conditions"). These General Conditions will prevail over these Conditions of Sale in case of discrepancy between the two.

We kindly ask you to read these conditions carefully before placing your order with Masac. By placing your order you agree to be bound by these conditions.

We note that certain products may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange according to our return, exchange and cancellation policy only.

We have made every effort to display the colors and images of our products, in the store, with the highest possible color accuracy. We cannot guarantee that your computer monitor will display colors accurately. We reserve the right to limit the quantities of the products or services that we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.  

  1. Our contract

When you place your order, we will send you a message confirming receipt of your order. In case there are no products ordered, we will contact you electronically and the value of those products will not be charged to your credit or debit card. In the case of payments on account, if there is no stock of any of the products purchased, we will contact you to return the money. We will also inform you about the shipment of your products. You may, however, modify your order before the order enters the shipping process.

The proof of payment of your order will arrive electronically to the registered email, it is important that you save it in order to make use of your right of exchange.

SHIPPING CONDITIONS AND EXCHANGES

  1. Shipping 

  1. Send conditions

For the shipment of the products purchased by the Customer, Masac will deliver the order to the address indicated by the Customer and to anyone who will receive the product within the address. In the case of multi-family or office buildings, the order may be delivered to the doorman, concierge, party table or similar. If the Customer wants the order to be delivered only to the person who made the purchase or to a specific person, they must send an email indicating the order number and the name and ID of the person or persons authorized to receive the order.

Masac will make up to two (2) attempts to deliver the order to the address indicated by the Customer. The delivery tolerance time for each order is approximately 30 minutes, both for delivery and for store deliveries. If the order cannot be delivered, the Customer will be notified via email so that they can pick it up at the place established by Masac, otherwise the order will be canceled. 

Masac is not obliged to carry out prior coordination with the Customer before delivering the order, and the Customer must adhere to the delivery times established in this document and the confirmation email that he or she will receive at the time of purchase. Likewise, Masac will enable some functionality where Clients can check the status of their order in real time, which is in accordance with the provisions of the General Conditions of use. 

Masac reserves the right to request the Customer to change the shipping address or to cancel an order for reasons of security of the distributors, either due to inaccurate addresses, addresses that present difficulties to arrive or any reason considered appropriate.

  1. Delivery times

At Masac we try to deliver orders to our Clients as soon as possible, understanding that it is important for them to have a reliable estimate of when they will receive their order. In this sense, Masac has the following delivery times from Monday to Sunday:

  • 11:00am a 2:00pm

  • 3:00pm a 6:00pm 

In case of holidays or non-working days, the availability of delivery should be consulted.

  1. Cost per Delivery

The cost for delivery in Metropolitan Lima will depend on the delivery area. This calculation is done automatically and the customer will be informed at the time of ordering.

  1. Changes, Returns and Cancellations

  1. Returns Conditions 

If a Client is not satisfied with the product and wishes to return it, they can only do so at the time of receipt. To return a product, the returned product must not have been consumed, being in its original packaging. Only in the event of an error in the delivery of the order, will changes or returns of products with boxes and packaging that have been opened be accepted. 

Likewise, the Client must have the original documentation of the ticket or invoice. 

After returning the product, in case the Client wishes to replace it, it will be subject to existing stock or inventories. In case the product is not in stock, the refund will be delivered for the amount in credit in the store.

Product exchange services for reasons beyond Masac's responsibility have costs that will be borne by the Client.

  1. Conditions of Changes

In the case of requests to change the date of delivery of products, the client must request it at least two (2) days in advance (48 hours).

  1. Cancellation Conditions

In the event that the client wishes to cancel their order, even if it was not prepared, 20% of the total amount will be deducted for the administrative expenses it causes. In case the product is finished, 50% of the total amount of the order will be discounted.

  1. Quality of the products

Masac declares that the products must be consumed within 24 hours of delivery. After that time there will be no place to claim, for any change in the appearance and taste of the product. In the case of products that carry fruit, after 24 hours they tend to wilt, which is no longer the responsibility of the company).

Perishable products containing mayonnaise or other sauce must be refrigerated and consumed within 8 hours of manufacture and respective delivery to the Customer.  

  1. Shipping costs in changes  

All costs for exchange or return must be borne by the Customer, unless an error is found in the delivery or defective product, in which case the cost will be assumed by Masac.

  1. Warranty

Masac offers a twenty-four (24) hour guarantee for requests for voluntary returns or exchanges or for reasons of error in delivery or defective product.