TERMS AND CONDITIONS
This is important for you
At www.laplume.com.pe we always want to offer you a shopping experience that is relevant and personalized. Please review the General Terms and Conditions and the Privacy Policies of ESPROTEX.SAC, as these are the sales conditions that govern your purchases on our website www.laplume.com.pe. They establish your rights and obligations with respect to your purchases, including important limitations and exclusions. The use of the site and / or its services constitutes acceptance that these conditions apply to your purchases, so we recommend you make sure you understand them before you proceed to place your orders.
Terms and Conditions
This document describes the general terms and conditions (the “General Terms and Conditions”) and the privacy policies (the “Privacy Policies”) applicable to access and use the services offered by ESPROTEX.SAC. (“The Services”) within the site www.laplume.com.pe, its subdomains and / or other domains (urls) related (hereinafter “www.laplume.com.pe” or the “Site”), where these Terms and Conditions are found.
Any person wishing to access and / or subscribe and / or use the Site or the Services may do so subject to the General Terms and Conditions and Privacy Policies, along with all other policies and principles governing www.laplume.com.pe and 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 made on this Site, as well as their legal effects, will be governed by these rules and subject to the applicable legislation in Peru.
The Terms and Conditions and the Privacy Policies contained in this instrument will be applied and will be understood as an integral part of all the acts and contracts that are executed or celebrated through the offer and commercialization systems included in this site among the users of this site and ESPROTEX.SAC (hereinafter “ESPROTEX.SAC”, “LA PLUME” or “the Company”, indistinctly), and by any of the other companies or companies that are subsidiaries or related to it, and that make use of this site, to which will henceforth be referred to indistinctly as the “Companies”, or the “Bidding Company”, the “Provider” or the “Provider Company”, according to the meaning of the text.
In the event that the Companies have set their own Terms and Conditions and their Privacy Policies for the acts and contracts they carry out on this site, they will appear on this page marked with a link or indicated as part of the promotion of their offers and promotions and they will prevail over these. ANY PERSON THAT DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS AND THE PRIVACY POLICIES, WHICH HAVE AN OBLIGATORY AND BINDING NATURE, SHALL REFRAIN FROM USING THE SITE AND / OR THE SERVICES.
The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies of ESPROTEX.SAC. as well as in the other documents incorporated to them by reference, prior to registering as a user of www.laplume.com.pe and / or to the acquisition of products and / or delivery of any data for any purpose.
When you visit www.laplume.com.pe you are communicating with LA PLUME electronically. In that sense, you give your consent to receive communications from LA PLUME by email or by posting notices on its portal.
1. Legal capacity
The Services are only available to people who have legal capacity to contract. Individuals which do not have this capacity (such minors or underage individuals), or LA PLUME users who have been temporarily/permanently suspended in accordance to Section 2 “Registration and Site Use” will not be able to use our services. The acts that minors perform on this site will be the responsibility of their parents, guardians, managers or curators, and therefore will be considered performed by them in the exercise of legal representation with which they have.
Whomever registers a user as a company will have to confirm (i ) that he/she has the capacity to contract on behalf of such entity and to bind to it under the terms of this Agreement, (ii) that the address in the registry is the principal residence of the entity , and (iii) that any other information presented to LA PLUME is true, accurate, updated and complete.
2. Registration and Use of the Site
It is mandatory to complete the registration form in all its fields with valid data to become an authorized user of www.laplume.com.pe (the “Member” LA PLUME or the “User”), in this way, you can access the promotions , and the acquisition of products and / or services offered on this site. The future Member The PLUME must complete the registration form with your personal information in an exact, accurate and true manner (“Personal Data”) and assumes the commitment to update the Personal Data as necessary. LA PLUME may use various means to identify its Members, but LA PLUME is not responsible for the accuracy of the Personal Data provided by its Users. The Users guarantee and respond, in any case, of the accuracy, truthfulness, validity and authenticity of the Personal Data entered. In that sense, the declaration made by the Users at the time of registration will be understood as an Affidavit.
Each member may only own 1 (one) LA PLUME account, not being able to access more than 1 (one) LA PLUME account with different email addresses or falsifying, modifying and / or altering their personal data in any way possible. In case this infraction is detected, LA PLUME will inform the client informing him that all his accounts will be grouped in a single account, canceling all his other accounts.
If any fraudulent and / or malicious use and / or contrary to these Terms and Conditions and / or contrary to good faith is verified or suspected, THE PLUME will have the unappealable right to terminate the credits, not make the promotions effective, cancel the transactions in progress, cancel the accounts and even prosecute the offenders.
LA PLUME may carry out controls that it deems convenient to verify the accuracy of the information given by the User. In this regard, it reserves the right to request any additional voucher and / or data in order to corroborate the Personal Data, as well as temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, LA PLUME may cancel the purchase made, without generating any right to compensation, payment and / or compensation.
The Member, once registered, will have his or her email address and a secret code (hereinafter the “Password”) that will allow personalized, confidential and secure access. In case of possessing this data, the User will have the possibility of changing the Access Code for which he will have to subject himself to the procedure established in the respective site. The User undertakes to maintain the confidentiality of his access code, fully assuming responsibility for maintaining the confidentiality of his secret password registered on this website, which allows him to make purchases, request services and obtain information (the “Account “). This Code is for personal use, and its delivery to third parties does not involve responsibility of ESPROTEX.SAC. or of the companies in case of improper, negligent and / or incorrect use.
The User will be responsible for all the operations carried out in and from his Account, since access to it is restricted to the entry and use of a secret Key, of exclusive knowledge of the User. The Member agrees to notify ESPROTEX.SAC. Immediately and by suitable and reliable means, any unauthorized use of your Account and / or Password, as well as the entry by unauthorized third parties to it. It is clarified that the sale, assignment, loan or transfer of the Key and / or Account under any title is prohibited.
ESPROTEX.SAC. reserves the right to refuse any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or compensation.
The registration of the User is personal and can not be transferred for any reason to third parties. In that sense, no user may sell, attempt to sell, assign or transfer a user or password. Therefore, LA PLUME may suspend or permanently cancel an account in the case of a sale, offer of sale, assignment or transfer, in violation of the provisions of this paragraph
3. Modifications Of The Agreement
ESPROTEX.SAC may modify the General Terms and Conditions at any time, making the modified terms public on the Site. All modified terms will take effect 10 (ten) business days after its publication. Within 5 (five) business days following the publication of the modifications introduced, the User must communicate by e-mail to the following address: contacto@laplume.com.pe if he does not accept them; in that case the contractual link will be dissolved and will be disqualified as a Member. Upon expiration of this term, the User will be deemed to accept the new terms and the contract will continue to bind both parties.
4. Procedure to make use of this Internet site
In the contracts offered through the Site, www.laplume.com.pe will inform, unequivocally and easily accessible, the steps that must be followed to celebrate them, and will inform, when appropriate, if the electronic document in which the contract is formalized will be archived and if it will be accessible to the Member. The mere fact of following the steps indicated for this purpose in this site to make a purchase is equivalent to accepting that you have effectively complied with the conditions contained in this section. It will also indicate your postal or electronic mail address and the technical means available to the Member to identify and correct errors in the shipment or in its data.
5. Means of payment that may be used on the Site
The products and services offered on the Site, unless a different form is indicated for particular cases or offers of certain goods or services, can only be paid with the means indicated in each case. The use of credit cards will be subject to the provisions of these Terms and Conditions and, in relation to the issuer, already agreed upon in the respective Opening Contracts and Use Regulations. In the event of a contradiction, what is stated in the latter instrument will prevail. . In the case of bank cards accepted on the Site, the aspects related to these, such as the date of issue, expiration, quota, blockages, etc., will be governed by the respective Opening Contract and Use Regulation, in such a way that the Companies they will not have responsibility for any of the aspects indicated. The Site may indicate certain conditions of purchase according to the means of payment used by the user. LA PLUME may grant a discount in the form of credits that Users may discount in their purchase. In each case LA PLUME will unilaterally determine the maximum amount of credits that the User may use in a purchase and will detail it in the system, prior to initiating the payment process. The credits used by the Users will not be refunded in case of return of the products, for any reason that may occur.
When using a credit or debit card, the cardholder’s name must match the name used when registering on the LA PLUME portal. Otherwise, the operation could be canceled. Under any suspicion and / or confirmation of unauthorized purchases, LA PLUME will cancel the purchase and reverse the card.
6. Formation of consent in contracts concluded through this Site
Through the Website, companies will make offers of goods and services, which may be accepted through acceptance, electronically, and using the mechanisms offered by the same Site. Any acceptance of the offer shall be subject to the condition precedent that the Offeror Company validates the transaction. Consequently, for any operation that takes place on this Site, confirmation and / or validation or verification by the Bidding Company will be a requirement for the formation of consent. To validate the transaction, the bidding company must verify: a) That there is available stock of the products at the time the offer is accepted, b) That it validates and accepts the means of payment offered by the user, c) That the data recorded by the client on the site matches those provided when making his acceptance of offer, d) That the payment is accredited by the User.
To inform the User or consumer about this validation, the Site must send a written confirmation to the same electronic address that the accepting User of the offer has registered, or by any means of communication that guarantees the due and timely knowledge of the consumer, or by sending the product effectively. The consent will be understood as formed from the moment in which this written confirmation is sent to the User and in the place in which it was issued. The offer made by the User is irrevocable except in exceptional circumstances, such as that the PLUME substantially changes the description of the article after an offer has been made, or that there is a clear typographical error.
Legal Notice: The sale and dispatch of the products is conditioned to their availability and to the product’s stock. When the product is not available, LA PLUME will immediately notify the customer and return the total value of the price paid.
7. Term of validity of the offer and price
The period of validity of the offer is that which coincides with the effective date indicated in the promotion or by virtue of the exhaustion of the quantities of products available for that promotion duly informed to the User, or while the offer remains available, the lowest of these terms. When a promotion does not indicate a termination date, it will be understood that the activity will be extended until the corresponding inventories are exhausted.
The prices of products and services available on the Site, while they appear on it, will only be valid and applicable to it and will not be applicable to other sales channels used by companies, such as physical stores, telephone sales, other sales sites electronically, catalogs or others. The prices of the products offered on the Site are expressed in Peruvian Nuevos Soles unless otherwise stated. The prices offered correspond exclusively to the value of the goods offered and do not include transportation, handling, shipping, accessories that are not expressly described or any other additional item.
8. SHIPPING OF PRODUCTS IN PERÚ
The products that are purchased through the web site will be shipped according to the delivery conditions chosen by the user and available on the web site.
The information of the shipping address is fully responsibility of the user. The terms chosen for dispatch and delivery are considerate from when LA PLUME validates the purchase order and the payment method, considering business days for the fulfillment of the shipping.
LA PLUME will send their users via email, the necessary data to track their online orders.
The User may only request the change of address before receiving the confirmation email from LA PLUME, if in case the User has not entered the correct address at the time of making the purchase, LA PLUME would have to create a new order with the requested address by the User taking into account the new delivery times, established by LA PLUME and the costs associated with this new address and changes.
LA PLUME will make an attempt to visit the address indicated by the User. In case the User is absent, the order will be returned to LA PLUME and LA PLUME will notify the user to coordinate the delivery again. If there is no response, the purchase will be cancelled, and an email will then be sent to the User. In case the User still wants the order, he must generate a new purchase order.
LA PLUME has delivery coverage in Lima and Peru Provinces, and in different countries around the world, however there are rural or hard-to-reach destinations where LA PLUME will not be able to make deliveries and this will be identified by the User at the time of making your purchase (it will appear when the User selects DEPARTMENT/PROVINCE/DISTRICT).
For international shipments, the conditions and delivery times vary depending on the country.
When the User receives a product that is not large, they must check that the box or bag containing the product is sealed and has no signs of previous opening. If this is detected, he should not receive the product and should contact LA PLUME immediately. In case the product was received in good condition and complete, the User will sign the referral Guide and Sales Ticket or Invoice confirming the delivery. After the acceptance of the product and documentary signature, the User will not be able to present a claim for product damage or lack of it, only claims for warranty issues or any described within the Return and Exchange Policy will be addressed.
9. REFUND OR EXCHANGE POLICY FOR RIGHT OF RETURN
www.laplume.com.pe, offers its customers the possibility of making changes and refunds of their purchase during the first seven (7) business days after the delivery of the product.
Returns and / or changes must be requested through our email contacto@laplume.com.pe indicating the products you wish to return, followed by the reason.
In order to exercise the right of return or exchange the consumer must comply with general conditions. When a product has specific conditions to exercise the right of return, this will be specified in the characteristics of the product.
General conditions:
In order to have the right of return, the following points must be taken into consideration:
1. Any change or return will be made up to seven (7) business days (call business days those counted from Monday to Friday, weekends or holidays do not apply), after the delivery of the product.
2. It is essential to have the complete product, as it was delivered, that is, with all its elements such as: labels, accessories, packaging, original manuals in good condition and without signs of use.
3. Remember that both the product and the original documentation (ticket/invoice) are important to request a return. Important: If you do not have the proof of payment documentation, the claim for this document must be made within 48 hours after receiving the product.
4. SALE: Products purchased at a discount or within a promotion are not subject to changes or returns. They are considered final sale.
5. It is also important the veracity of the information provided in the return request.
General conditions for the collection:
• As a general rule, the client must approach an authorized branch of LA PLUME, with the guide / format sent by LA PLUME via email to proceed to return the product.
• If the product is not sent after 5 working days since the return guide was made, the request will be considered as canceled.
• The product must be delivered in its original packaging along with your proof of payment (ticket or invoice).
In case LA PLUME considers it necessary to pick it up, it will be made directly at the address where the product was delivered.
Note that:
• The personnel in charge of picking up the product is not under any circumstance authorized to disassemble or manipulate the product, its only function will be to pick it up.
• If the product is not packed in its original packaging, it will not proceed with the collection. Neither will the collection take place if the client does not have proof of payment (bill receipt), which must be given to the personnel in charge of picking up.
General considerations:
• Bear in mind that if these requirements are not met, the exchange or refund could be invalidated.
• The services to collect products at the request of the client for reasons beyond the responsibility of LA PLUME, will have an additional cost depending on the place of collection, size and weight of the product. Additionally, the cost of packaging and / or disassembly should be paid if required.
It is not the product you bought:
It is important to comply with the General Conditions.
If you receive a different product than the one you purchased, you must report it at the most after 2 calendar days after receiving the product, necessarily sending photographs of the product received.
You can go to a place authorized by www.laplume.com.pe and leave your product next to the return guide that we will send you once you request the return of the product.
Once the product is received, the After-Sale area will contact you to continue with the return process.
10. Proof of Payment
According to the Regulation of Payment Vouchers approved by Superintendency Resolution No. 007-99 / SUNAT (RCP) and the Sole Order Text of the Law on General Sales Tax and Selective Consumption Tax, approved by Supreme Decree No. 055 -99-EF and amending regulations (TUO of the IGV): “There is no current procedure that allows the exchange of sales tickets by invoices, moreover the credit notes are not foreseen to modify the purchaser or user that appears in the original proof of payment”.
Taking into account this resolution, it is the obligation of the consumer to correctly decide on the document that he will request as proof at the time of purchase, since according to the paragraphs cited, no change will be made.
11. Refunds
After the refund is approved and executed, the processing time varies according to the payment method used.
For a purchase with credit card, debit or methods that allow the return of money through an associated account, the reverse will be made to the card or to the associated account.
For methods by bank deposit or cash payments, a bank deposit will be made.
Processing times:
1. Back to card: The time of reimbursement to a card can be up to 14 business days. For an account associated with the card, it can be up to 30 business days. In both cases, the processing time is the responsibility of the financial institution that issued the card and is counted from the execution of the refund.
2. Bank deposit: To receive the money in a bank account, the account holder must be the same as the one who made the purchase in LA PLUME. The processing time is 4 working days from its execution. The banking information provided by the client must be correct to avoid delays in the service. Otherwise, the execution and processing times will be extended.
The necessary data are:
• Name and surname
• National Identity Card, Alien Registration Card or Passport
• Number of order
• Email registered in LA PLUME
• Bank account data
12. Intellectual Property
All content included or made available to the User on the Site, including texts, graphics, logos, icons, images, audio files, digital downloads and any other information (the “Content”), is owned by ESPROTEX.SAC. or has been licensed to it by the Provider Companies. The compilation of the Content is the exclusive property of ESPROTEX.SAC. and, in this sense, the User must refrain from extracting and / or reusing parts of the Content without the prior and express consent of the Company.
In addition to the Content, trademarks, word or figurative, service marks, industrial designs and any other element of intellectual property that is part of the Content (the “Industrial Property”), are owned by ESPROTEX.SAC. or the Provider Companies and, for this reason, are protected by the laws and international treaties of copyright, trademarks, patents, models and industrial designs. The improper use and total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by ESPROTEX.SAC., Likewise, they can not be used by Users in connection with any product or service that is not provided by ESPROTEX. SAC. In the same sense, the Industrial Property may not be used by Users in connection with any product and service that is not of those marketed or offered by ESPROTEX.SAC. or in a way that causes confusion with its clients or that discredits the Company or the Provider Companies.
13. Intellectual Property of Third Parties
ESPROTEX.SAC is a company that respects the laws and does not pretend to take advantage of the reputation of third parties, appropriating the intellectual property protected by them. Therefore we have tools that seek to ensure that products purchased through our website are original and have entered the country legally. Taking into account the above, if you suspect that a product found on our site infringes the intellectual property rights of third parties or infringes rights legally protected by you, we thank you notify us to download these products immediately from our page and initiate all actions aimed at prevent this from happening.
14. Responsibility of LA PLUME
ESPROTEX.SAC. will do everything possible within its capacities so that the transmission of the Site is uninterrupted and free of errors. However, given the nature of the Internet, these conditions can not be guaranteed. In the same sense, the User’s access to the Account may be occasionally restricted or suspended with the purpose of making repairs, maintenance or introducing new Services. ESPROTEX.SAC. will not be responsible for losses (i) that have not been caused by the breach of its obligations; (ii) loss of earnings or loss of business opportunities; (iii) any indirect damage.
15. Compensation
The User shall indemnify and hold harmless ESPROTEX.SAC., Its subsidiaries, controlled and / or controlling companies, directors, administrators, representatives and employees, for its breach of the General Terms and Conditions and other Policies that are understood to be incorporated herein or by the violation of any laws or rights of third parties, including attorney’s fees in a reasonable amount.
16. Terms of Law
This agreement will be governed and interpreted in accordance with the laws of Peru, without giving effect to any principle of conflicts of law. If any provision of these Terms and Conditions is declared illegal, or presents a gap, or for any reason is inapplicable, it must be interpreted within the framework of the same and in any case will not affect the validity and applicability of the remaining provisions.
17. Notifications
Any comments, concerns or complaints regarding the above Terms and Conditions, the Privacy Policy, or the execution of any of these, must be notified in writing to ESPROTEX.SAC. to the following address: Calle C # 16 Urb. San Francisco – Las Lagunas – La Molina, Lima, Peru.
18. Jurisdiction and Applicable Law
This agreement will be governed in all its points by the laws in force in the Republic of Peru.
Any dispute arising from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the competent courts of the city of Lima, Peru.
Personal Data Processing Policy
Thank you for accessing the web page www.laplume.com.pe (the “Site”) operated by ESPROTEX.SAC. We respect your privacy and your personal information. This policy is part of the use of the Site.
Our Privacy Policy explains how we collect, use and (under certain conditions) disclose your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this privacy policy explains the procedures we follow regarding the collection, use and disclosure of your personal information.
Data protection is a matter of trust and privacy, which is why it is important for us. Therefore, we will only use your name and the information relating to you under the terms provided in our Privacy Policy.
We will only keep your information for as long as it is required by law or due to the relevance of the purposes for which it was collected.
You can visit the site and browse without having to provide personal information. During your visit to the site, you will remain anonymous and we will not be able to identify you at any time, unless you have an account on the site and log in with your username and password.
Cookies
The acceptance of cookies is not a requirement to visit the Site. However, we would like to point out that the use of the “my cart” functionality on the Site and the acceptance of an order is only possible with the activation of cookies. Cookies are small text files that identify your computer on our server as a single user. Cookies can be used to recognize your Internet protocol address, which will save you time while you are on the Site or if you want to enter it in the future. We only use cookies for your convenience in using the Site (for example, to remember who you are when you want to modify your shopping cart without having to re-enter your email address) and not to obtain or use any other information about you (for example, segmented or hidden advertising). Your browser can be configured to not accept cookies, but this could restrict your use of the Site and limit your experience in it. The use of cookies does not contain or affect data of a personal or private nature and does not represent a danger of viruses. If you would like more information about cookies, go to http://www.allaboutcookies.org or for information on removing them from the browser, visit http://www.allaboutcookies.org/manage-cookies/index .html.
We will only keep your information for as long as it is required by law or due to the relevance of the purposes for which it was collected.
You can visit the site and browse without having to provide personal information. During your visit to the site, you will remain anonymous and we will not be able to identify you at any time, unless you have an account on the site and log in with your username and password.
Security
We have in place technical and security measures to prevent unauthorized or illegal access or accidental loss, destruction or occurrence of damage to your information. When data is collected through the Site, we collect your personal data on a secure server. We use protection programs on our servers. When we collect information from electronic payment cards, Secure Socket Layer (SSL) encryption systems are used that encrypt it, avoiding fraudulent uses. Although it is not possible to guarantee the achievement of a result, these systems have proven to be effective in the management of confidential information, since they have mechanisms that prevent access to external threats (i.e. hackers). It is recommended not to send all the details of credit or debit cards without encrypting the electronic communications with us. We maintain physical, electronic and procedural safeguards in relation to the collection, storage and disclosure of your information. Our security procedures require that we may occasionally request proof of identity before disclosing personal information. Please note that you are solely responsible for protection against unauthorized access to your password and your computer.
Definitions
For the purposes of this policy, the words that are defined below will have the meaning assigned in this chapter, whether or not they are written in capital letters, or that they are plural or singular.
a) Authorization: Prior, express and informed consent of the owner to carry out the Processing of Personal Data.
b) Privacy Notice: Physical, electronic document or any other format, generated by the Treatment Manager, which is made available to the Owner for the Processing of Personal Data, which informs the Owner of the information regarding the existence of the information treatment policies that will be applicable, the way to access them and the characteristics of the treatment that is intended to give personal data.
c) La PLUME or Responsible: ESPROTEX.SAC
Personal Data: Any information linked to or associated with one or several natural persons determined or determinable.
e) Sensitive Data: Sensitive data are those that affect the privacy of the Holder or whose improper use can generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, belonging to unions, social organizations, human rights or that promote the interests of any political party or guarantee the rights and guarantees of opposition political parties as well as data related to health, sexual life and biometric data, among others.
f) In charge of the Treatment: Natural or legal person, public or private, that by itself or in association with others, perform the Processing of Personal Data on behalf of the Person Responsible for the Processing of Personal Data.
g) Responsible for the Treatment: Natural or legal person, public or private, that by itself or in association with others, decides on the database and / or the treatment of the data.
h) Owner: Natural person whose personal data are subject to Treatment.
i) Processing of Personal Data: Any operation or set of operations on Personal Data, such as collection, storage, use, circulation or deletion.