TERMS AND CONDITIONS OF CLIO KNITWEAR EIRL

PURPOSE

These Terms and Conditions (hereinafter, “T&C”) apply to this Platform owned by CLIO KNITWEAR EIRL (hereinafter ‘COMPANY’ or “CLIO”), with registered office at Av. Del Pinar 107 – Urb. Chacarilla del Estanque, Santiago de Surco – Lima, Perú.

By accessing and browsing the internet platform www.clioknitwear.com (hereinafter the “Platform”), the User (hereinafter, the ‘User’ or “Users”, as applicable) acknowledges that they have read, understood, and accepted the terms and conditions of use of the COMPANY's Website without restrictions, reservations, or modifications.

Access to and use of the Platform in any form implies the User's acceptance and knowledge of the T&C, which are mandatory and binding. If the User does not agree with the T&C, they must refrain from using the Platform.

GENERAL TERMS AND CONDITIONS

1.    A Customer is defined as any person who is registered on the Platform and has given the COMPANY permission to store their data for the purpose of contacting them for the delivery and/or sale of its products or services, as well as for the dissemination of information and promotions by the COMPANY.

2.    By carrying out any transaction on the Platform, the Customer acknowledges and accepts these T&Cs. In this regard, it shall be understood that the Customer agrees in full with the COMPANY's T&Cs, without the need for any further confirmation.

3.    In order to continue visiting and using the Platform's services, the User declares that they are of legal age and have the legal capacity necessary to be bound by these T&Cs. Those who lack such capacity, are disqualified or suspended, or are minors, may not access the services. Parents, guardians, or those responsible for minors who use the Platform shall be liable for such use, including any charges, billing, or damages arising therefrom.

4. The COMPANY undertakes to make its best efforts to provide full and continuous access to and use of the Platform. However, if due to unforeseeable circumstances, force majeure, or technical failures, there is any failure or interruption of the Platform, these shall not be the responsibility of the COMPANY, nor shall any damages or losses be attributable to the COMPANY when the cause of the event is not directly and demonstrably attributable to the COMPANY.

SPECIFIC TERMS AND CONDITIONS

Transactions carried out on the Platform are subject to these Terms and Conditions, as well as to the applicable legislation of the country of origin. In this regard, it is mandatory, and the User and/or Customer undertakes to read and accept these Terms and Conditions in advance, before using the Platform's services or making any purchase.

DESCRIPTION OF THE SERVICE

  1. The Platform is a virtual platform through which different products and their characteristics are displayed. Through the Platform, the Customer may purchase any of the products displayed on the Platform and receive them at the address indicated by the Customer.
  2. The COMPANY offers products knitted from Peruvian natural fibers: clothing, accessories, and decorative items through its Platform.
  3. Before making a purchase through the Platform, the User and/or Customer must take into account that the selected products may not be in stock or available. All purchases are subject to availability.
  4. Once the Customer has made a purchase through the Platform and the COMPANY has verified that the respective deposit has been made into the COMPANY's accounts, the order will be prepared and subsequently shipped to the Customer, under the conditions agreed upon in this document.
  5. Orders will be shipped within 3 business days for deliveries within Metropolitan Lima and within 5 business days for deliveries to provinces, counted from the date the purchase confirmation is sent to the Customer.
  6. The Customer and/or User may request the collection of the purchased products at their own responsibility and discretion, after coordinating with the COMPANY.
  7. In the event of any unforeseen circumstances, acts of God, or force majeure that prevent the order from being shipped within the specified time frame, the COMPANY will notify the Customer of such circumstances, which under no circumstances shall constitute grounds for canceling the order or modifying the terms and conditions of purchase, unless previously discussed and accepted by the COMPANY.
  8. If the Customer and/or User wishes to return the products in the order, they may request a return from the COMPANY within a maximum period of 2 business days. The return must be approved by the COMPANY in order to proceed with the refund within a period determined by the Customer's bank, applying the discount for any expenses that may have been incurred.
  9. It is hereby stated that for the corresponding shipment, the Customer and/or User shall provide the COMPANY with the exact address where the order will be received, which the Customer and/or User undertakes to be accurate and truthful. The COMPANY shall not be liable for any damage or loss incurred in the event that the Customer and/or User has entered incorrect and/or false delivery details.
  10. The Customer shall inform the COMPANY of any observations or omissions in the products received within 2 business days of receipt. If the Customer does not submit any observations within this period, it shall be understood that they are satisfied with the products and the operation carried out by the COMPANY.
  11. The COMPANY will verify the comment or comments submitted by the Customer and respond to them within 8 business days of receipt.
  12. The COMPANY will handle exchanges and returns directly with the Customer as set forth in these Terms and Conditions.

RESPONSIBILITY

The Customer and/or User acknowledges and accepts that they are responsible for any communication or interaction carried out through the Platform. They are also responsible for the acceptance of the payment service by their bank in transactions involving the COMPANY.

The Customer is responsible for the care and preservation of the products received. The COMPANY is not responsible for damage or deterioration of the products due to failure to comply with their instructions for use, care, and/or preservation. 

OWNERSHIP RIGHTS 

The Customer and/or User acknowledges and accepts that all intellectual and industrial property rights over the content of the Platform,  including any documentation, files, trademarks, logos, trade names, commercial slogans, images, graphics, designs, sounds, software, flowcharts, presentations, audios, and videos, and/or any other material, are the exclusive property of the COMPANY.

DISPUTE RESOLUTION AGREEMENT, APPLICABLE LAWS, AND JURISDICTION

For all purposes, the terms and provisions contained in this document shall be interpreted in accordance with the provisions of the Civil Code and other regulations in force in the Republic of Peru.

Any dispute arising from the interpretation or execution of these T&Cs shall be resolved directly between THE COMPANY and the Customer and/or User. To this end, both parties undertake to make their best efforts to resolve their disputes amicably, based on the rules of good faith and in accordance with the common intention expressed in these T&Cs, within a maximum period of 15 business days. If, upon expiration of the period indicated in the preceding paragraph, the differences between the Parties remain, the dispute shall be resolved by the judges and courts of the judicial district of Lima, to whose jurisdiction and competence the Parties expressly and irrevocably submit.

PERSONAL DATA TREATMENT

Regarding the processing of personal data, please be advised that:

In accordance with current legislation, specifically Law No. 29733, the Personal Data Protection Law and its Regulations, approved by Supreme Decree No. 003-2013-JUS, as well as other related regulatory provisions, the personal data provided by the Customer and/or User at the time of registration on the Platform will be treated with the utmost confidentiality and will be managed in accordance with established procedures. The company undertakes to comply with the aforementioned regulations, as well as to maintain the highest standards of security, protection, safeguarding, conservation, and confidentiality of the information received or sent. However, it is important for the Customer and/or User to bear in mind that the Internet is not a completely secure medium in terms of data protection.

The Customer and/or User guarantees that the personal data has been provided voluntarily and without any form of coercion, obligation, or condition.

COOKIES

The Platform may use a cookie tracking system to speed up access to information when moving from page to page and to identify users without having to ask them for their password repeatedly. Cookies are files that are downloaded and installed on the hard drive of your computer when you access or browse certain web pages. They take up minimal space and do not harm your computer. Users may limit or restrict the storage of these cookies at their discretion using their browser options, although it is not recommended to restrict them completely. Cookies allow the Website, among other things, to store and retrieve information about users' preferences and interests. If this occurs, the information will be used exclusively for statistical purposes to improve the services provided on the Platform. Without the consent of users, by activating cookies in their browser, the company will not link the data stored in cookies with the personal data provided at the time of registration or during the purchase of products.

NOTIFICATIONS

The Customer and/or User declares and agrees to receive timely notifications via the Platform, text messages, WhatsApp messages, or the email address provided, including messages sent by the company for promotional or advertising purposes. The Customer and/or User may notify the company at any time to request the cessation of promotional or advertising activity.

GENERAL TERMS AND CONDITIONS

The company may replace or modify these terms and conditions at any time, and such changes will be posted on the Platform so that they are available to users and customers. For ongoing transactions that began prior to such modifications, the conditions in effect at the time of their conclusion will remain in force. The company will post a notice on the Platform alerting users to these changes for a reasonable period of time. However, users are responsible for reading these terms and conditions each time they access the Platform to verify whether they have been modified.