TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (hereinafter "Terms and Conditions " ) regulate the access and use of users of the services provided by MARÍA ALMENARA SAC (hereinafter, " María Almenara " ) through its website https: //www.mariaalmenara.pe/ (hereinafter, the Website ). Users will be subject to the Terms and Conditions, along with all other policies and principles that govern María Almenara and which are incorporated herein by reference.

The Terms and Conditions indicated in this document will be applicable to any act and contract executed or celebrated between any user and María Almenara. The user declares to have read these Terms and Conditions, and declares their agreement and acceptance at the time of registering and / or using the Website. Any user who does not accept or is in disagreement with these Terms and Conditions, which are mandatory and binding, must refrain from using the Website.

The Website is a technological tool that, making use of the Internet, facilitates the sale of products offered by María Almenara (hereinafter, the " Service " ). The Service is executed by María Almenara, through different distributors hired by María Almenara and / or by enabling the physical space necessary for the collection of the products by the user.

 

TERMS OF USE

 1. Use of the Website

Access to the Website is free, except for the cost of the connection through the telecommunications network provided by the Internet access provider contracted by the user, which will be the sole responsibility of the latter. The user may only access the Website through authorized means.

Access to the Website is reserved for those who have the legal capacity to contract. In this sense, the users of the Website declare that they have reached or are over 18 years of age. In case a minor uses the Website, the obligations contracted for such use will be assumed by their legal representative. 

The user agrees to make proper and lawful use of the Website in accordance with the applicable legislation, these Terms and Conditions, generally accepted morals and good customs and public order.

 

2. Account Management 

To use the Website, the user must accept these Terms and Conditions and the Privacy Policy to consent to the processing of their personal data.

The user may register on the Website, in which case María Almenara will grant him a personal account. The user accesses his account by entering his email and chosen password.

The use of the account is personal and non-transferable. The user is responsible for allowing the use of his account by other people, and for keeping it secure, without sharing his data and passwords. The user agrees to register on the Website only that information that is owned and is true (hereinafter, the "Personal Data" ), and is responsible for it. All the aforementioned also applies in those cases in which the user registers on the Website through the use of pre-existing email accounts, social networks, and other forms of validation of their identity.

The Personal Data that the user provides will be integrated into a personal database for which María Almenara is responsible. For more information, consult the Privacy Policy https://www.mariaalmenara.pe/politicas-privacidad .

Likewise, the user will assume the commitment to update their Personal Data each time they are modified. María Almenara is not responsible for the accuracy of the Personal Data that users make available to them. María Almenara reserves the right to request any additional proof and / or data in order to corroborate the Personal Data, and to temporarily and / or permanently suspend that user whose data could not be confirmed.

It is forbidden for the same user to register or have more than one account. In the event that María Almenara detects different accounts that contain matching or related data, she may cancel, suspend or disable them. María Almenara may also suspend or cancel accounts when there are indications of falsehood, identity theft, fraudulent use or there is any breach of these Terms and Conditions. This situation will be duly communicated to the User at the email address provided at the time of registration.  

The user agrees to use the Website with honesty, responsibility and respect for María Almenara and other users. In this sense:

  • The user may not use the Website to transmit, store, promote or disclose data or content that affects the reputation or image of María Almenara and other users. It is also expressly prohibited to collect information from the Website, manually or automatically, for any use other than to carry out a commercial transaction on the María Almenara Website.
  • You will keep your account password and any identification provided to allow you to access the Service and the Website in a secure and confidential manner.
  • You will not try to access, use and / or manipulate the data of María Almenara or other users.
  • It will not introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the Website.
  • You will only use the Service for your personal use and will not assign or otherwise transfer your account to anyone else.
  • You will not attempt to harm the Service or the Website in any way, nor will you access restricted resources on the Website.

 

3. Terms of sale

The conditions of sale indicated in the Terms and Conditions are applicable to product orders placed through the Website.

The user accepts that all orders requested through the Website may be made at least 2 to 3 hours in advance, upon payment of the total amount of the products requested on the Website. The minimum amount to be able to place orders through the Website is S /. 25.00 (twenty-five soles and 00/100 soles).  

Some of María Almenara's products may be available exclusively online, through the Website. These products may have a limited stock and be subject to return or exchange according to our return, exchange and cancellation policy.

María Almenara strives to display the colors and images of her products on the Website as accurately as possible. However, María Almenara cannot guarantee that the user's computer monitor will display colors accurately. María Almenara, reserves the right to modify product descriptions and / or prices thereof, reserving the right to discontinue any of its products.

When the user places an order on the Website, María Almenara will send him a message confirming the receipt of his order. If there is no stock of any of the products ordered through the Website, María Almenara will communicate with the user electronically and the value of those products will not be charged to their credit or debit card. In the case of payments on account, if there is no stock of any of the products purchased, María Almenara will refund the money corresponding to the product, after coordinating with the user. 

4. Shipping conditions

 

The request for the Service by the user is made through the Website and the process to follow is as follows:

  • The user will indicate, through the Website, all the necessary data to make the request for the Service and will declare that they have expressly accepted these Terms and Conditions.
  • María Almenara will inform the user about all the offers of its products on the Website, including the current rates for the use of the Service with their respective taxes and / or charges. 
  • The user, when requesting the Service, may choose between picking up the product in the store or through the delivery service of María Almenara.
  • Once the products to be purchased through the Website have been selected and the price accepted, it will be an essential requirement that the user indicate the day, time and place where they wish to collect or send the purchased product.
  • The user will be informed of the summary of the Service where the total price to be paid by the user will be stated.

In case the user has chosen to send the product home, María Almenara will send it to the address indicated by the user. The product can be received by anyone who is at the indicated address. If the user wants the order to be delivered only to him or to a specific person, he must contact some of María Almenara's means of contact (WhatsApp, telephone, email and / or social networks), indicating the order number , the name and identity document of the person or persons authorized to receive the order.

The delivery service supposes an additional surcharge for this concept, which will be determined depending on the delivery area and will be reported in the order summary with the total price to be paid. 

María Almenara will deliver the order to the address indicated by the user. In case the order cannot be delivered to the address indicated by the user, María Almenara will contact the user by phone so that the latter can pick up their product at the place indicated by María Almenara, if they wish they can pay the shipping again or otherwise the order will be canceled. Orders will be delivered within the established range, unless prior coordination between María Almenara and the client.

 

Delivery times

The user accepts the delivery terms established in these Terms and Conditions and what is indicated in the confirmation email sent by María Almenara at the time of purchase. Likewise, María Almenara makes available to the user the possibility of checking the status of their order in real time, through the Website.  

María Almenara may ask the customer to change the shipping address or cancel an order for reasons of security of the delivery people, for inaccurate addresses or addresses that present difficulty in arriving.

The delivery service is subject to the delivery schedules established by María Almenara, which are detailed below:


 

MONDAY SUNDAY

10:00 am to 12:00 pm

12: 00m to 2:00 pm

2:00 pm to 4:00 pm

4:00 pm to 6:00 pm

6:00 pm to 9:00 pm

In case of holidays or non-working days, the user must check the availability of delivery. The established delivery ranges could be modified by Maria Almenara on specific dates on her website.

Cost per delivery

The cost for the delivery service will depend on the delivery area. This calculation is carried out automatically and is informed to the user at the time of ordering through the Website. María Almenara reserves the right to modify the costs of the delivery service and its calculation method, which will be informed prior to payment by the user.

 

5. Changes, returns and cancellations 

María Almenara offers a twenty-four (24) hour guarantee for requests for voluntary returns or exchanges or due to an error in delivery or a defective product. Likewise, the user may modify their order even before the order enters the shipping process. Subject to evaluation.

 

Return conditions 

If the user is not satisfied with the product purchased and wishes to return it, he or she may only do so at the time of receipt of the product, under the condition that it has not been consumed and is in its original packaging. Only in case of delivery of the wrong or defective product, exchanges or returns of the same will be accepted with open boxes and packaging. 

After the return of the product, if the user wishes to replace it, it will be subject to the stock of María Almenara. If there is no stock of the product and the client does not accept an exchange for another, the corresponding amount will be reimbursed, under the modality of issuing a credit note, valid in María Almenara stores. Only in the event of a wrong or defective product, a refund of the total price corresponding to the purchase made may be requested.  

In any of the return scenarios described above, the user must have the original ticket or invoice. 

The user may change the products purchased, without the responsibility of María Almenara, assuming the costs generated by the change. For requests to change the delivery date of products, the user must request them at least in the time range prior to the one chosen.

 

 Cancellation conditions

In the event that the user wishes to cancel their order, even if it was not prepared, 20% of the total amount will be deducted for the administrative expenses generated.

 

Shipping costs

All exchange or return costs must be borne by the user, unless an error is found in the delivery or delivery of a defective product, in which case the cost will be borne by María Almenara.

 

6. Product quality

María Almenara informs the user that all products purchased must be consumed within twenty-four (24) hours from delivery. After the period indicated, there will be no 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 with mayonnaise or other sauce content must be refrigerated and consumed within 8 hours of manufacture and respective delivery to the customer.

 

7. Payment and Price Conditions 

Payment for the product and the delivery service must be paid through the Website, through the payment gateway owned by MERCADOPAGO PERÚ SRL (hereinafter, the " Payment Processor "). Payment processing will be subject to all the terms and conditions and privacy policies of the Payment Processor, available on its website https://www.mercadopago.com.pe . María Almenara will not be responsible for errors or omissions made by the Payment Processor. 

The final price to be paid by the user is broken down into: (i) value of the products ordered; and, (ii) value of the delivery service, if applicable. The user will see a line with the total value of the products, followed by a second line with the amount of the delivery service. 

The holder of the credit and / or debit card is responsible for the data entered at the time of the purchase request through the Website and is the only one obliged to pay against the issuer of the same. Any ignorance must be made in front of the issuing bank of the credit and / or debit card, in accordance with the provisions of the Credit and Debit Card Regulations approved by SBS Resolution No. 6523-2013.

María Almenara reserves the right to take the judicial and extrajudicial measures that it deems pertinent to obtain the payment of the amount due that the user may owe. 

 

GUARANTEE 

María Almenara informs its users that the Website could present limitations of availability and continuity in its operation, for maintenance reasons or actions that are beyond the control and management of María Almenara. In these cases, María Almenara will do everything reasonably within her power to resume the proper functioning of the Website. However, it informs users so that they take the corresponding precautions, and María Almenara will not be responsible for any damages and / or losses that may arise from: (i) the lack of availability or accessibility to the Website due to the reasons stated above; (ii) interruption in the operation of the Website or computer failures beyond the control of María Almenara, such as telephone breakdowns, disconnections,delays or blockages caused by deficiencies or overloads in telephone lines, 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 the control of María Almenara.

María Almenara adopts the necessary and reasonable security measures for the operation of the Website. However, these measures do not necessarily ensure the absence of viruses or other elements on the Website, introduced by third parties, beyond the control of María Almenara, that may cause alterations in the user's physical or logical systems or in electronic documents and files stored on their systems. Consequently, María Almenara will not be responsible for damages that may arise from the presence of viruses or other elements, beyond the control of María Almenara, that may cause alterations in the physical or logical systems, electronic documents or user files.

In the event that one or more users or a third party initiate a claim or legal action against María Almenara for acts not attributable to the latter, in accordance with the rules established in these Terms and Conditions, each and every one of those involved in said claims or actions exempt María Almenara and its directors, managers, employees, agents, operators, representatives and attorneys from liability.

 

INTELLECTUAL PROPERTY 

Users must respect the integrity and inalienability of the Website through any of its channels and all intellectual property rights included in the Website as a whole or in each of its elements, including but not limited to the design of the application, combination of images and colors and trade dress in general, trademarks and slogans, programs, databases, files, networks, codes, software and other functionalities. It is prohibited to copy, modify, distribute, sell or lease any part of the Website. Nor can they modify, alter, manipulate, or reverse engineer the software owned by María Almenara or extract the source code. 

The user acknowledges and accepts that all intellectual and industrial property rights on the Website, as well as all the elements and / or tools found in them, belong to María Almenara; in accordance with national and international laws and treaties, with which Peru is a signatory. Users acknowledge that any creation that is the product of originality is protected by Decision 486 of the Andean Community, Legislative Decree No. 1075, Decision 351 of the Andean Community, Legislative Decree No. 822 and other international treaties and applicable regulations . By means of these, the download and use of the Website does not transfer any intellectual or copyright rights to the users.

María Almenara authorizes the user to use, view, print, download and store the contents and / or elements inserted in the Website exclusively for their personal, private and non-profit use, refraining from carrying out any act of decompilation or engineering on them. reverse, modification, disclosure or supply. Any other use or exploitation of any content and / or other elements inserted in the Website other than those expressly provided herein will be subject to the prior authorization of María Almenara.

Other trademarks that are not owned by María Almenara and that appear on this site belong to their respective owners. All rights not expressly granted in these Intellectual Property Rights are reserved by their assignees, suppliers, editors, rights holders or other content providers. No product, image or sound may be reproduced, duplicated, copied, sold, resold, visited or exploited for any purpose, in whole or in part, without the prior written consent of María Almenara. You cannot frame or use framing techniques to enclose any trademark, logo or other registered or patented information (including images, text, page layout, or form) of María Almenara, without our prior written consent.Nor can meta tags or any other "hidden text" that uses the name or trademarks of María Almenara be used without prior written authorization from this company. Misuse of this site or of these trademarks, licenses or patents is prohibited.

 

CLAIMS, INQUIRIES AND CLAIM BOOK

In case the user wishes to register a complaint or claim, they must enter it in our virtual claims book found at: https://www.mariaalmenara.pe/libro-reclamaciones , in accordance with the provisions of the Code of Protection and Defense of the Consumer, Law No. 29571.

Likewise, if any user wishes to make a query about the services provided by María Almenara, they may do so through the different service channels that María Almenara makes available to them. 

 

MODIFICATION OF TERMS AND CONDITIONS

María Almenara may make changes to the terms and conditions, according to modifications or requirements in the applicable regulations, or due to adjustments and improvements to the Website. In case these changes involve any damage to the user, María Almenara will notify them to the email registered on the Website, prior to the validity of the changes, so that users can notify María Almenara if they do not accept them, in which case they may stop using the Website. The changes made to the Website will not apply to those orders in progress that the user has previously made. The use of the Website implies full acceptance of these Terms and Conditions.

 

APPLICABLE LAW

These Terms and Conditions are governed and interpreted in accordance with the laws in force in the Republic of Peru, subject to the competence and jurisdiction of the Judges and Courts of Lima, Peru.