Terms and Conditions

This document describes the general terms and conditions (the "Terms and Conditions") applicable to accessing this website and purchasing products ("the Products") offered by ALBINA ELISA DIAZ MATUTE DE FUNCKE (hereinafter, the "COMPANY"), with RUC N° 10077979684, domiciled at Batallón Callao Norte 114 Chacarilla, Santiago de Surco - Lima, Peru within the website www.elisaofficial.com (hereinafter the "WEBSITE” or “Site”). Any person wishing to access and/or subscribe to and/or use the Site and/or purchase the Products may do so subject to these Terms and Conditions, along with all other policies and principles governing the WEBSITE that are incorporated herein directly or by reference, or that are explained and/or detailed in other sections of the Site. Consequently, all visits and all contracts and transactions carried out on this WEBSITE, as well as their legal effects, shall be governed by these rules and subject to the applicable legislation in Peru.

The Terms and Conditions contained in this instrument shall apply to and be understood as an integral part of all acts and contracts executed or celebrated through the offer and marketing systems included in this Site between the users of this Site (“the User”) and the COMPANY. The User also refers to those persons who access the WEBSITE without purchasing Products.

The User undertakes to use this Site solely for lawful purposes and/or diligently and correctly. In this sense, by way of example and not limitation, the User must not use the Site for activities contrary to the law, these Conditions, morality, good customs or established public order and/or for illicit, prohibited or harmful purposes or effects on third-party rights and interests, nor to process, send or transmit through the Site any material, information or content that may be considered in any way illegal, threatening, abusive, invasive, defamatory, obscene, sexually explicit, racist, vulgar, profane or otherwise objectionable or affecting civil rights or any legal norm.

 

1. Legal Capacity

Products are only available to individuals who have the legal capacity to contract. Persons who do not have this capacity, including minors, may not access the Products. Acts carried out by minors on this Site will be the responsibility of their parents, guardians, custodians, or curators, and will therefore be considered as performed by them in the exercise of their legal representation.

 

2. Modifications to the Terms and Conditions

The COMPANY may modify the Terms and Conditions at any time by publishing the modified terms on the Site.

 

3. Procedure for using this WEBSITE

For contracts regarding Products offered through the Site, the COMPANY will unequivocally inform the steps to follow to enter into them. The mere act of following the steps indicated on this Site for such purposes to make a purchase is equivalent to accepting that the conditions contained in this document have indeed been complied with. Likewise, when making a purchase, the User will have to provide the data requested by the WEBSITE for that purpose. This data will be treated in accordance with the COMPANY's Privacy Policy.

 

4. Payment methods that can be used on the WEBSITE

The Products offered on this WEBSITE, unless a different payment method is indicated for particular cases, may be paid for using the following payment methods allowed on this WEBSITE:

4.1. Credit or Debit Cards: The option to pay with credit or debit cards is enabled for VISA, Master Card, DINERS, or American Express cards. Likewise, credit or debit card payments are subject to the approval of the card-issuing bank and the internal validations of the payment gateways responsible for processing the transaction. In cases where payment is not approved or is rejected, the associated purchase order will be automatically canceled.

4.2. Collection Companies: This is a payment method where the User reserves their purchase and a payment code is generated, with which they must go to any establishment or agency affiliated with the collection company chosen by the customer at the time of placing their order. Payment must be made within the period established at the time of purchase, otherwise, the order will be canceled due to non-payment. Once payment is made, validation of the same takes place within 24 business hours. The collection companies currently enabled as payment methods on the WEBSITE are: Izipay.

4.3. Bank Deposit: The customer can pay directly into an ALBINA ELISA DIAZ MATUTE DE FUNCKE account at the bank by choosing this payment method. For this payment method, it is necessary to consider the following: i) the maximum period for paying the order is 48 hours, ii) once payment is made, it is the customer's responsibility to send the payment voucher and the order number to our contact email elisabagsofficial@gmail.com to approve the order.

 

5. Formation of consent in contracts celebrated through this Site

Through the WEBSITE, offers of goods and Products will be made, which may be accepted by Users electronically or by using the mechanisms that the WEBSITE itself offers for this purpose. Any acceptance of an offer will be subject to the suspensive condition that the COMPANY validates the transaction. Consequently, for every operation carried out on this WEBSITE, confirmation and/or validation or verification by the COMPANY will be a requirement for the formation of consent. To validate the transaction, the COMPANY must verify:

  • That it validates and accepts the payment method offered by the User.
  • That the payment is credited by the User, according to the payment method used.
  • That it validates the User's data.
  • That the delivery address is within the national territory.

To inform the User about this validation, the COMPANY must send a confirmation to the same email address that the User has registered or provided, or by any means of communication that guarantees the User's due and timely knowledge, or by effective shipment of the product. Consent will be understood as formed from the moment this written confirmation is sent to the User and at the place where it was issued.

Legal Notice: The sale, dispatch, and refunds of products are subject to their availability and stock levels.

 

6. Product Dispatch

Products purchased through the WEBSITE will be subject to the dispatch and delivery conditions chosen by the User and available on the WEBSITE. Information regarding the shipping location is the sole responsibility of the User. The chosen periods for dispatch and delivery will be counted from the moment the COMPANY validates the transaction and the payment method used, and will be communicated to the User at that time.

The COMPANY offers dispatch coverage at the level of Lima and Provinces; however, these are subject to the accessibility of the destinations, which will be identified by the User when making their purchase and choosing the DEPARTMENT, PROVINCE AND DISTRICT of destination.

In the event that the User changes the address at any point in the process, they must immediately inform the COMPANY. In these atypical situations, delivery times will be modified depending on the new address.

You can learn more about our complete shipping policy by clicking here.

 

7. Exchange and Return Policy

The COMPANY is committed to ensuring that the User is completely satisfied throughout their entire shopping experience. It is the responsibility of each User to review the exchange or return policies before purchasing any product. However, these policies do not affect the User's rights provided for in Law 29571 of the Consumer Protection Code.

WARRANTY

If the product purchased by the User does not meet the technical characteristics offered, is damaged, or incomplete, the User may exchange it within 30 days following the purchase date, by notifying elisabagsofficial@gmail.com. To do this, the User must present the sales receipt, purchase invoice, or state their RUC number, which must necessarily match the one registered in the purchase. At the time of making the request, the returned Product will be reviewed by the COMPANY, where the deficiency will be evaluated to rule out that it is due to misuse.

If the fault is due to a product deficiency, the User will be entitled to exchange it for another identical Product, or to request a refund of the amount paid as indicated on the sales receipt or purchase invoice.

For more information, click here.

 

8. Refunds

Find out the complete refund policy by clicking here.

 

9. Intellectual Property

All content included in or made available to the User on the WEBSITE, including texts, graphics, logos, icons, images, audio files, digital downloads, and any other information (the "Content"), is the property of the COMPANY, or it has a license from its owner for its use. In this regard, the User must refrain from extracting and/or reusing parts of the Content without the prior and express consent of the COMPANY.

The User acknowledges that they do not acquire any rights over the trademarks, logos, designs, drawings, photos, images, and graphics and any other information contained in this WEBSITE. The use of the Content for commercial purposes or for its distribution, public communication, and modification is expressly prohibited.

 

10. Legal Terms

This agreement shall be governed by and construed in accordance with the laws of Peru, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions is declared unlawful, or presents a void, or for any reason is unenforceable, it shall be interpreted within the framework thereof and in any case shall not affect the validity and enforceability of the remaining provisions.

 

11. Notifications

Any comment, concern or complaint regarding the foregoing Terms and Conditions, the Privacy Policy, or the execution of any of these, must be notified in writing to the following email address: elisabagsofficial@gmail.com.

 

12. Jurisdiction and Applicable Law

This agreement shall be governed in all its points by the current laws of the Republic of Peru. Any controversy arising from this agreement, its existence, validity, interpretation, scope, or fulfillment, shall be submitted to the competent courts of the city of Lima, Peru.

 

13. Product Availability

The availability of Products offered through the WEBSITE may vary depending on customer demand. Although the COMPANY updates its stock periodically, the product requested by the customer may be out of stock at that moment. In such a case, the COMPANY will contact the User via e-mail or telephone to inform them of the impossibility of fulfilling the order.

 

14. Contact Information

For any inquiries regarding your order, you can send us an email to elisabagsofficial@gmail.com and we will respond as soon as possible.