TERMS AND CONDITIONS OF USE

Effective as of January 21, 2018

IMPORTANT

We are always concerned about offering you an excellent and personalized shopping experience; that is why we recommend you to review the Terms, and Conditions of Use and Privacy Policies, as they are the sales conditions that govern purchases and you can know the rights and obligations assumed when making your purchases on our website.

The use of the website and/or its services constitutes full acceptance and understanding that these conditions apply to your purchases.

I. TERMS AND CONDITIONS

The Terms and Conditions of Use, Privacy Policy (hereinafter, the “Terms and Conditions”) regulate the use of the website www.incawasi.com (hereinafter, the Site). HTF EXPORT IMPORT S.A.C.  (hereinafter, “INCAWASI”), make available to people in order to provide them with information on own and/or third-party products and services, and facilitate them access to the said services, as well as, to facilitate hiring services and goods by means of the Site (all together referred to as the “Services.”

INCAWASI, with fiscal address at Jr. Risso N ° 390 Office 501, district of Lince, province and department of Lima, Peru, is a Peruvian closely-held corporation, owner of this Site.  To contact INCAWASI, you can usethe above address, as well as the email address: customerservice@incawasi.com.

Consequently, all visits, all contracts, and transactions made on this Site, as well as their legal effects, shall 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 shall be applied and shall be understood as an integral part of all the acts and contracts executed or concluded through the offer and marketing systems established between the User or the Users (persons who have the legal capacity to contract) of the Site and INCAWASI.

ANY USER WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICIES, WHICH ARE OF A COMPULSORY AND BINDING NATURE, SHALL REFRAIN FROM USING THE SITE AND/OR THE SERVICES.

  • The User shall read, understand and accept all the conditions established in the Terms and Conditions and in the Site's Privacy Policies, as well as in the other documents incorporated to them as reference, prior to its registration as a User of the Site and/or to the acquisition of products, and/or delivery of any data, being subject to the requirements and provisions of the Terms and Conditions. 
  • When you visit the Site, you are communicating electronically.  In that sense, you consent to receive communications from the Site by email or by notices posted on the Site.

1. LEGAL CAPACITY

The Services are only available to the User or the Users (persons who have the legal capacity to contract).Users who do not have this capacity, minors or Users of the Site who have been temporarily suspended or permanently disabled for any reason may not use the services.The acts that people, without the legal capacity to contract, perform on this Site shall be the responsibility of their parents, guardians, managers or curators, and therefore, said acts shall be considered performed by them in the exercise of legal representation they have.

Who registers a legal person as a User, by the sole use of this Site declares and acknowledges that:(i) Has the capacity to contract on behalf of such entity and to bind it under the terms of this Agreement, (ii) The address indicated in the register is the main Legal and/or Fiscal address of said entity, being able to additionally record the address in which the delivery of the acquired goods shall be made, and (iii) Any other information entered to the Site is true, accurate, updated, complete and timely.

2. REGISTRATION AND USE OF THE SITE

It is mandatory to complete all the fields of the registration form with valid and true data in order to use the services provided by the Site.  The User assumes the commitment to update its Personal Data, as necessary.The Site may use various means to identify its Users, but the Site is NOT responsible for the accuracy of the Personal Data provided by its Users.Users guarantee and respond, in any case, regarding the accuracy, reliability, validity, and authenticity of their personal data entered.  In this sense, the declaration made by the Users at the time of registration shall be understood as an Affidavit.

Each User may only own one (1) Account on the Site, being this account personal and non-transferable.It is forbidden for the same User to have more than one Account.In case the Site detects different Accounts that contain coincident or related data that lead us to suppose that it is the same User, it may suspend or disable said Accounts at its sole discretion.

Once registered, the User shall use its email address and a secret password (hereinafter, the“Password”) that shall allow it a personalized, confidential and safe access.The User may change said secret password following the protocols of this Site.

Each User shall properly safeguard its Security Password, which is personal and non-transferable.In this regard, the User is responsible for all operations carried out on its Account using its Security Password.The User undertakes to notify the Site immediately of any unauthorized use of its Account.The Site is not responsible for the improper, negligent and/or incorrect use of said Security Password, either by the User or by third parties who may have had access to said Security Password.

It is also clarified that the sale, assignment, loan or transfer of the Password and/or Account under any title is prohibited.

The Site reserves the right to carry out the controls it deems appropriate to verify the accuracy of the information given by the User.In this sense, it reserves the right to request any additional voucher and/or data in order to confirm the Personal Data, as well as temporarily or permanently suspend those Users whose data could not be confirmed.

The Site reserves the right to reject 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 generating any right to compensation or indemnification.

The Site has English as the international language par excellence, and Spanish as an additional one.

3. MODIFICATIONS TO THE AGREEMENT

The Site may modify the Terms and Conditions at any time, making the modified terms public on the Site.All modified terms shall become effective ten (10) calendar days after their publication.

The User who does not agree to the new Terms and Conditions shall request the withdrawal of its Account, and be disabled as User; otherwise, it is understood that it accepts them.

Any transaction initiated prior to the effective date of the modification of the Terms and Conditions shall be deemed governed by the Terms and Conditions in force at the time of the start of the transaction.

4. PROCEDURE TO MAKE USE OF THIS SITE

When making any transaction on the Site, the steps to be followed shall be reported in an unambiguous and easily accessible manner.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 shall also indicate its email address and the technical means available to the User to identify and correct errors in the shipment or in its data.

5. PAYMENT MEANS THAT MAY BE USED ON THE SITE

Unless indicated otherwise for particular cases or offers of certain goods or services, the products and services offered on the Site can only be paid with the means specified in each case, such as: 

-      Credit/Debit Card:

The transaction shall be charged in dollars (USD).The system of the payment gateway applies the most up-to-date exchange rate. 

We accept payments with Credit/Debit Cards:Visa, MasterCard, American Express or Diners Club.

-      PayPal:

To buy with PayPal, the user shall be redirected to the PayPal page to proceed with the payment The transaction shall be charged in dollars (USD).The PayPal system applies the most up-to-date exchange rate. 

We accept payments through the PayPal online payment system of the cards:Visa, MasterCard, Discover, American Express. 

Cards issued by banks shall be enabled for purchases in online stores in order to facilitate and ensure payments on the Site.

Any operation of the data processing and interconnection system related to transactions, or operations originated by consumer cards issued by entities of the financial system of the users, circulate in an encrypted and secure manner to the entity of the financial system; therefore, the Site does not has a way to know, record and save the data of consumer cards (credit or debit) of users.

The use of credit or debit cards shall be subject to the provisions of these Terms and Conditions and, in relation to its issuer, to what is agreed in the respective Opening Contracts and Use Regulations.In case of contradiction, what is stated in that last instrument shall supersede any earlier agreement.In the case of bankcards accepted on the Site, the aspects relating to these, such as the date of issue, expiration, quota, blockages, commission charges, etc., shall be governed by the respective Opening Contract and Use Regulations; therefore, the Site shall not be responsible for any of the aspects indicated.The Site may grant discount coupons in the form of credits that Users may discount in their purchase.In each case, the Site shall unilaterally determine the maximum amount or percentage of discount that the User may use in a purchase and shall detail it in the system, prior to initiating the payment process.  The discount coupons used by the Users shall not be reimbursed in case of return of the products or cancellation of the purchase orders, for any reason why it may occur.

When using a credit or debit card, the cardholder's name shall match the name used when registering on the Site.Otherwise, the operation could be canceled.Under any suspicion and confirmation of unauthorized purchases, the Site shall cancel the purchase and shall carry out the rebate or chargeback of the card automatically.

6. FORMATION OF CONSENT IN CONTRACTS EXECUTED THROUGH THIS SITE

Through the Site, offers of goods and services may be made, which may be consented by the User through acceptance electronically and using the mechanisms that it offers for it. Any acceptance of the offer shall be subject to the suspensive condition that the Site validates the transaction.Therefore, for any operation made, confirmation and/or validation or verification by the Site shall be a requirement for the formation of consent.

To validate the transaction, the Site shall verify:

a) That there is an available stock of the products at the time in which the offer is accepted, except in the case of pre-sales.

b) That it validates and accepts the means of payment offered by the User,

c) That the data registered by the User on the Site coincide with those provided when accepting the offer,

d) That the payment is accredited by the User.

To inform the User about this validation, the Site shall send an electronic confirmation to the same email address that the User has registered, guaranteeing the purchase of the product.The approval shall be understood from the moment this confirmation is sent to the User to the registered email.The offer made to the User is irrevocable except in exceptional circumstances, such as that the Site substantially changes the description of the article after making an offer.

Legal Notice: The sale and dispatch of the products are conditioned to their availability, that is, to the stock.When the product is not available, the Site shall immediately notify the User and return the total value of the price paid.

7. VALIDITY TERM OF THE OFFER AND PRICE

The validity term of the offer is that which coincides with the effective date indicated in the promotion or by virtue of the stock-outs of the 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 shall be understood that the action shall be extended until the corresponding inventories are exhausted.

While the prices of the products and services available on the Site appear as available, they shall only be valid and applicable on this Site.The prices of the products offered on the Site are expressed in United States dollars or converted into other currencies, if applicable.  The prices offered correspond exclusively to the value of the offered goods and do not include the cost for transportation, handling, shipping, duties, import taxes, tariff surcharges, accessories that are not expressly described or any other additional item or collection of bank interest by the payment method used.

The Site may modify at any time and without notice, any information contained in this Site, including those related to products, services, prices, stocks, and conditions, until the moment of receiving an acceptance of the purchase of a product; otherwise, all affected Users shall be informed about the modifications of the relevant information.

8. PROMOTIONS

When the Site offers promotions that consist of the free or reduced delivery of one product for the purchase of another, the delivery of the good that is delivered free or at a reduced price shall be made in the same place in which the purchased product is shipped.The Site submits its promotions and promotional activities to comply with current regulations.

When discount coupons are offered, the advertising shall include the value of the coupon, the minimum or maximum purchase amount to be able to redeem the discount coupon, the valid dates for its redemption and the products that cannot be acquired with the use of the said coupon.

The use of the discount coupon is completely free.

The discount coupon applies to purchases made exclusively on the Site.

Any natural person over eighteen (18) years of age may use the discount coupons, in accordance with the provisions of point 1. Legal Capacity.

The maximum amount of purchase for the use of the discount coupon shall be explicitly indicated in the graphic elements of the campaign, and it is not cumulative with other promotions.

Each User may only use the use of the discount coupon once and once expired, it shall not be used or reactivated.

The Site shall only consider valid discount coupons that meet the specific conditions of the promotion.

When making a purchase with the discount coupon, it is understood that the consumer has accepted in full both the Terms and Conditions of use, as well as these particular Terms and Conditions of each promotion.

9. SHIPMENT OF PRODUCTs:

Products purchased through the Site shall be subject to the shipment and delivery conditions chosen by the User and available on the Site.

The information of the shipment place is the sole responsibility of the User.Therefore, the User shall be responsible for the accuracy of the indicated data in order to make a correct and timely delivery of the products to its address or shipping address.If there is an error in the address, the product may not arrive on the date indicated.

The terms chosen for the shipment and delivery are counted since the moment the Site validates the purchase order and the means of payment used, considering business days (not including Saturdays, Sundays or holidays in Peru and/or at the place of delivery) ) for the fulfillment of said term.

Delivery times are subject to the shipping options that the Site allows to select when making purchases:

             o    PREMIUM EXPRESS:10 business days (maximum delivery time)

             o    EXPRESS:15 business days (maximum delivery time)

             o    REGULAR:40 business days (maximum delivery time)

This term shall be met provided the conditions of security and access allow it, and when there is no reason for fortuitous event or force majeure, defined as an extraordinary, unpredictable and irresistible event that prevents the execution of the obligation or determines its partial, late or defective compliance.

Given that we ship orders to different countries around the world, it is impossible for the Site to estimate customs expenses and include them in the price of the product.Import duties depend on the internal policies of each country and their collection agents shall collect them, once the product arrives at its destination country.  These expenses shall be borne by the User.

Deliveries are made during office hours.For that reason, the suggestion is to use the work address, other addresses where someone can receive the product, or that lockers designed for this purpose are used.The User is recommended to check the availability of this service in its community.

The Site shall keep Users informed about the status of their orders.

In the case the User has not entered the correct address at the time of making the purchase, the User would have to request the Site to cancel the initial purchase and create a new one with the correct delivery address, bearing in mind that the sale and shipping of the products is conditioned to their availability, new price of the product, the new delivery terms established by the Site and the costs associated with this new address. 

Note: The User is recommended to make the address change in its Site Account so that no error shall be generated in future purchases.

The Site shall make up for two attempts to visit the delivery address of the purchase indicated by the User.

On the next working day after the first visit, the Courier shall make one last attempt to deliver the order.If in this second delivery, the User is again found absent, the delivery of the product shall depend on the chosen shipping option:

           - Premium Express Shipping:The DHL Courier shall contact the User, indicating the office where it can go and pick up the product (in the case this is applicable in the destination country).

           - Express/Regular Delivery:The Serpost Courier shall leave a pick-up notice at your address.The note shall indicate the reason for picking, to which office the User should go and what documents shall be necessary to pick up its order (in case this is applicable in the destination country).

The Site has shipping coverage at the level of the main cities of the countries where it carries out shipping; however, there are rural or hard-to-reach destinations in which it shall not be able to carry out shipping.In case the location of the User's address cannot be reached because it is in a street or area of ​​difficult access, the Site shall communicate and send an email to manage a different delivery address and be able to deliver the product.

The user receives the product in a commercial box (box with the logo of the Site) and if applicable, it may be contained in a bag sealed with the Carrier Guide.

When the User receives a product, it shall validate that the commercial box containing the product is closed and has no signs of prior opening. In the case you detect this, you should not receive the product and should immediately contact the Site.In the event that the product is received in good condition and complete, the User shall sign the Carrier Guide (in a case this is applicable in the destination country), thus leaving delivery conformity.After acceptance of the product and documentary signature, the User may not submit a claim for product damage or a missing product; only claims for warranty issues or other described shall be addressed within the Return Policy or change in the times established in these Terms and Conditions.

Note:Consider that in any of our shipping options, the customs of each country has the power to open the bag that contains the commercial box with the purpose of supervising the export product.

The Courier does not perform installations or assembly of products.

10. RETURN OR CHANGE POLICY FOR RIGHT OF RETURN

10.1 GENERAL CONDITIONS

Consider that to exercise the right of return, the following points should be taken into account:

Any change or refund shall be requested until the first seven (07) calendar days (counted from Monday to Sunday including holidays), from the delivery of the product.

It is essential to have the complete product as it was delivered, that is, with all the elements (labels, accessories, packaging, original manuals, etc.), as well as the electronic documentation (sales receipt/pre-invoice).

Important: You can download the documentation of the electronic payment voucher from the Site, entering your account in the order history option.

In the case of promotional products or combos, the client may request a refund for a piece or the total of the combo.

If it is a heat-sealed product, it shall not be opened from its original packaging unless the return is only for the expiration of the use-by date.When requesting the return, the User shall provide truthful and complete information to the Site.

Once the return of the product is accepted, the Site shall refund the money.

10.2 CONSIDERATIONS

In the event that the Site deems necessary, it shall request the photograph and the sending of it to carry out a prior verification of the alleged bad state, defect or any other anomaly that the User indicates in the product that it wishes to return.  This measure shall expedite the return process and minimize the possibility that such return shall be declared not appropriate afterward.

Appealing to the good judgment of the Users, the Site shall appreciate the need to send the product to our address or, failing that, to pick it up at the delivery address, for which a notification of confirmation shall be received by email.The services of product pick up under the responsibility of the Site, do not generate an additional cost.

The authorized personnel of the Courier indicated by the Site is not authorized to disassemble or manipulate the product.

The product shall be delivered packed in its original packaging and in the same condition it was in when it was received. It implies that the products are not damaged or dirty, not washed, altered or worn out and that all the labels are intact.

10.3 RETURN REASONS

Defective product

Product different from the product purchased

Missing parts or accessories of this product

10.4 RETURN PROCESS

Enter www.incawasi.com, “My Account” section, then “My purchases”, choose the order you wish to return, and click on “Details”.

Select the product by checking the box next to its name, attach the product photo, add the description of the problem with the product, and indicate how you wish your request to be resolved, and finally click on “Return Merchandise Authorization”.

From your account, you can view the status of the return in the My Returns section.

The time of quality control by our specialized area has a maximum term of fifteen (15) business days, counted from the moment when your request was recorded.

Once the term of quality control has elapsed, you shall receive an email with the evaluation of the return process.  In a case of any delay, the Site shall notify the user.

If the return of the product is accepted, the User may request:

The change of the product by an identical one (subject to availability of stock on the page).

The refund of money.

The Site shall proceed with the refund or issue a credit note for said amount according to the User's confirmation.

In order to exercise the right of return or exchange, the User shall comply with the general conditions (See paragraph 10.1) and considerations (See paragraph 10.2).

In the case the product does not approve the quality control, the return shall not be effective and the product shall not be picked up.

o If the product is defective:

It is important to comply with the General Conditions.

In addition, it is important that before requesting the return, verification be made of the detailed information on the product label or on the packaging.

The information on the product label contains the care of the garment, which is found in the product detail of the Site.

If the defect is reported within the first seven (07) calendar days, the following shall happen:

1. It shall be the User's obligation to request the return of the product through the Site.

2. Quality control shall determine if the reported defect and product conditions are optimal to proceed with the return process, by processing and analyzing the photograph attached to the form.

3. The Site shall inform the User in a timely manner if its request has proceeded.

a) If the request proceeds, the Site shall respond to the request (change of product or refund of money).

For the exchange of the product, the Site shall exchange the product within the delivery term  in the same way in which the purchase was made.

For the refund of the money, the User shall comply with the Refund Policy (See paragraph 14).

The process of picking up the product at the delivery address shall be done within the next 35 business days counted from the approval of the return.

b) If the request does not proceed, the Site shall inform the User of the reason for rejection.

It shall be taken into account that the Site may request the Carrier Guide provided by the Courier at the time of delivery to validate the incident. In addition, if applicable, the Site may request additional information that the User shall provide to continue with the return process.

10.5. RESTRICTIONS

The return or exchange of the following products shall not be accepted unless the product has a manufacturing defect and complies with the General Conditions (See paragraph 10.1) for a return:

- Textile garments

- Decoration

- Art

- Food

11. CANCELLATION POLICY

11.1 GENERAL CONSIDERATIONS

Consider that to exercise the right of cancellation, the following points should be taken into account:

All cancellations shall be requested within the first calendar day (counted from Monday to Sunday, including holidays in Peru), from the purchase of the product.

Take into account that the execution of the cancellation of the product purchase is before the programming of the product's delivery.

Once the cancellation of the product has been accepted, the Site shall make the refund (see Refund Policy).

11.2 CANCELLATION PROCESS

Enter www.incawasi.com, “My Account” section, then “My purchases”, choose the product you wish to cancel, and click “Cancel”.

If the cancellation of the product is accepted, the User shall be granted a refund of the money.See Refund Policy

The notification of the approval of the cancellation that you shall receive shall be by email. The maximum time to receive this notification is within twenty-four (24) hours of the request sent.

12. GUARANTEE POLICY

The guarantee offered by the Site starts from the reception of the product and is valid for 07 calendar days.The guarantee time is established by the Site or through the description of the product.

12.1 GENERAL CONDITIONS:

The Guarantee is according to the maximum precision of the characteristics of the product indicated on the Site, including its composition and colors.

The color that you see shall depend on your computer, not being able to guarantee that your  computer displays these colors with maximum precision.All requests for guarantees shall comply with the following considerations:

a) The deadline after delivery of the product shall be a maximum of 7 calendar days.

b) The product shall have proof of payment.

c) The damage of the product shall be due to a manufacturing defect, technical defect or irregularity of the product.

d) The indicated guarantee shall not be applied if the product shows signs of misuse or manipulation by the User, affecting operability or evidencing physical damage.

Once the application of the guarantee has been received, the representatives of the Site shall determine, after evaluation of the product, if the attention for guarantee proceeds and shall send an email in a signal of conformity.

The quality control shall be carried out within the term established by the Site, which shall be subject to the complexity of the defect presenting the problem.

If the defect is confirmed:

The product shall be replaced (subject to stock availability) at no cost or the money paid shall be refunded.

If you require a refund, see Refund Policy.

Additionally, the conditions to accept a guaranteed process depend on the category to which the product corresponds:

Fashion/Luxury:

Textile-related products have a guarantee only for problems related to quality (responsibility of the Site) whether regarding seams, closures, natural discoloration (without exposure to detergents), etc. Likewise, the guarantee cannot be applied if the care or washing instructions printed on the product labels or on the Site have not been followed, and the product has been damaged by User manipulation.

Delicatessen:

The guarantee applies only in case the product is delivered with the use-by date expired or the product arrives in poor condition.

Deco/Luxury: 

For products related to home textiles, the guarantee applies only for problems related to quality (responsibility of the Site) seams, natural discoloration (without exposure to detergents).In addition, the guarantee cannot be applied if the care or washing instructions printed on the product's labels or on the Site have not been followed.

For art products (non-textile), the warranty only applies to factory defects or broken, cracked or discolored parts in a natural way (responsibility of the Site).The guarantee does not apply to damages caused by user manipulation.

13. PROOF OF PAYMENT

Once the purchase has been validated, the Site shall issue the corresponding payment voucher in accordance with the applicable legislation on the matter.

14. Refund Policy

Once the cancellation or return of the product is accepted, the Site shall refund the money.

Execution times:

 - Cancellation

The Site shall make the refund of the money within the following four (4) calendar days, and, the rebate of the money to your bank account shall depend on your bank, approximately within thirty (30) calendar days.

 - Return

The User shall have the right to choose whether to use the Card Rebate or the discount coupon, to request a refund.

The Site shall make the refund of the money, according to the payment method chosen:

- Rebate or chargeback to the card, within the next ten (10) business days, then it shall depend on the bank's policy for the return of the money to your bank account.

- A discount coupon, within the following three (3) business days.

Type of refund

Rebate or chargeback to the card:

For a purchase with credit card, debit card or methods that allow the return of the money through an associated Account, a chargeback shall be performed to the card or the associated Account for the total paid.

The time of return of the money in your account is the responsibility of the financial institution that issued the card, and is counted from the execution of the refund.

* Take into account that in some financial institutions the transaction of the deposit shall be made under the provision of the same financial institution.For more information about the acceptance of deposits external to these accounts, you should contact the Entity.

It is necessary to specify that the Site is not responsible for delays or difficulties presented by the Financial Entity for the fulfillment of the refund.

Discount coupon:

The Site offers its Users “the Discount Coupon” as an option to refund the amount paid only for the Returns. It consists of the possibility of receiving a discount coupon to make purchases on our Site.The amount of this coupon applies to the price of the product.It shall be taken into account that only the amount paid by the User shall be respected and that the commercial conditions with which the said product was purchased are typical of the date on which the purchase was made.

15INTELLECTUAL PROPERTY

All content included or made available to the User on the Site, including text, graphics, logos, icons, images, audio files, digital downloads and any other information (the “Content”), is owned by the Site or has been Licensed to it by the Suppliers.The compilation of the Content is the exclusive property of the Site. In this sense, the User shall refrain from extracting and/or reusing parts of the Content without the prior and express consent of the Company.

In addition to the Content, the marks, 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 the Site or by Suppliers and, for that reason, they are protected by 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 the Site and/or Suppliers or manufacturers. Likewise, Users cannot use them in connection with any product or service that is not provided by the Site.In the same sense, the Users in connection with any product may not use the Industrial Property and service that is not of those that the Website sells or offers or in a way that produces confusion with its Users or that discredits the Site or the Suppliers.

16. THIRD-PARTY INTELLECTUAL PROPERTY

The Site 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 exclude such products immediately from our page and initiate all actions necessary to prevent this from happening.

17. RESPONSIBILITY OF THE SITE

The Site shall do its best within its capabilities so that the transmission is uninterrupted and free of errors.However, given the nature of the Internet, these conditions cannot be guaranteed.In the same sense, the User's access to the Account may be occasionally restricted or suspended for the purpose of making repairs, maintenance or introducing new Services.The Site shall 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.

18. INDEMNITY

The User agrees to indemnify and hold harmless the Site, 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 into this document or by the violation of any laws or third-party rights, including attorneys' fees in a reasonable amount.

For this purpose, the User authorizes the Site toi) intervene and/or represent the User in such claims or demands, being able to reach conciliatory agreements without limitation, ii) retain and charge its existing and/or future funds in its account or generate charges in its billing in a reasonable amount.

19. PROHIBITED ITEMS

Below is the list of products and services whose offer, request, publication, purchase or sale the Site, due to internal policies and/or to ensure compliance with any current law, as the case may be, prohibits.

- Cell phones and services for out-of-law cell phones.

- Weapons, ammunition and explosive material.

- Narcotics, drugs, hallucinogens or any type of substance not permitted by current law, in any of the existing forms.

- Drugs or products that have hallucinogenic effects.

- Utensils that serve to produce, modify, process, consume or promote the consumption, distribution and production of the prohibited substances.

- Stolen property.

- Health-related products that shall be approved by official bodies

- Prescription and over-the-counter medications or that require medical prescription.

- Drugs, products or services that are related to performing abortions.

- Slimming products not authorized by state regulatory agencies.

- Substances that contain anabolic agents or steroids.

- Mushrooms or teas to which the cure of diseases is attributed.  For example,kombucha.

- Natural or artificial substances that generate a beneficial effect that can be used to treat a disease.

- Botox.

- Products for smoothing hair, containing formaldehyde.

- Lenses with graduation.

- Cream “Silk Skin by Viansilk”.

- Centrum vitamin complex.

-Processed Graviola.

- Bones and skeletons.

- Blood or sperm.

- Organs, limbs, human waste.

- People.

- Surrogacy.

- Flora or fauna that is in danger of extinction or which sale is prohibited by law or current regulations.

- Remains or unprocessed parts of animals.

- Medicines for animals.

- Seahorses, hippocampus, and corals.

- Ivory in all its forms.

- Animal skins, unless they are synthetic.

- Fireworks without the authorization of the regulatory entities regarding explosives.

- Financial products or services.

- Benefits granted by airlines to reward the loyalty of their customers.

- Miles, points or upgrades of airline companies.

- Mass mailing lists

- Personal databases, electoral registers, card numbers, commercial or supplier contacts or any other type of list that contains private data.

- Buying/selling of social networks followers.

- Tools, software or services that allow sending unsolicited bulk messages (SPAM).

- Requests or offers of articles with sexual themes prohibited by law, such as prostitution, pedophilia, zoophilia, necrophilia, real incest.

- Escorts, strippers, dates and meetings or any publication that includes the possible covert realization of a sexual service.

- Webcam exhibition services.

- Spanish fly or Mosca española.

- Used underwear.Example:Bombachas (knickers), swimsuits, briefs, ecological diapers, soutiens and suspenders. 

- Erotic, sexy or sensual costumes that allow seeing intimate parts of the body.

- Underwear that allows seeing intimate parts of the body, that can be used for sexual purposes or that contains words or phrases related to the sexual act.

Magazines or books with pornographic content or containing nudity.

- Videos, movies, images or pornographic or sexual content games.

- Aphrodisiac products or products containing pheromones.

- Figures or toys that are shown nude or in sexual positions.

- Products advertising, promoting or inciting violence, commission of crimes or racial discrimination, in any way.

- Products that advocate or represent organizations that promote hatred, such as Ku Klux Klan, among others.

- Products related to Nazism.

- Products related to human tragedies.

- Decoders, receivers, converters, equipment or antennas that allow you watching paid signals free.

- Products that violate the laws on copyright, patents, trademarks and models and industrial designs.

- Legal and personal documents such as Passports, Identity Cards, Driver's Licenses, among others.

- Medical Prescriptions.

- Credentials or discount passes on transportation that are granted to a person in a non-transferable manner.

- Services for the production of student documents.

- Uniforms that are used today in any armed force.

- Historical, cultural, archaeological and paleontological heritage of any nation.Only duly verified replicas of these shall be marketed.

- Devices or programs that allow you to save what you type on the keyboard.For examplekeylogger, key ghost and key shark, among others.

- Password recovery or email hacking services.

- Software that allow invading an electronic device.For example, malware, spyware, Trojans, etc.

- Keys, validators, products or services that allow the generation of series numbers for games or programs.For example, key generator, among others.

- Software, services, modems, cables or any other product that allows access to paid internet services free of charge.

- Programs to generate payment tickets for banking entities.

- Spyware for mobile phones.

- Lotteries and raffles

- Manuals, courses and study guides of any content and support that have not been officially edited.

- Insurance.

- Vehicles without documentation and products for vehicles that violate current laws.

- Tickets for shows and football matches.

- Garments made of animals in danger of extinction or in closed season.

- Products obtained at the expense of animal abuse.

- Products obtained at the expense of child labor.

20. SOCIAL RESPONSIBILITY

In the Site, we are committed to the development of rural communities and producers in rural areas of Peru.For this reason, we have signed association agreements with these communities with the aim of bringing to the world their products made by hand with first-quality materials and in an artisanal way.By acquiring these products, you are contributing to the well-being of these communities, guaranteeing their sustainable development.

21. DISQUALIFICATION OR SUSPENSION OF USERS

o Each user shall be properly identified.In this sense, if a user registers under different identities, it may be permanently disqualified to operate on the Site.If a user has been suspended for this reason, and in order for us to verify its identity, it is necessary to send a copy of the document with which you registered on the Site;you can send it to the Contact mailbox with the subject Customer service.

o If a user is suspected of attempting to harm others through irregular operations, the Site may suspend or even permanently disqualify it to operate on the Site.Notwithstanding the foregoing, the Site also reserves the right to deliver all information regarding this user, as well as its operations to competent authorities.

o For security purposes, no user can operate with different accountsif we detect that you have more than one user, we shall disable it.Our goal is to maintain a safe community, where you can operate with confidence.

o Minor:Only those users who have the legal capacity to contract can operate within the Site.Unfortunately, minors are not in this situation since according to the laws in force they are not authorized to respond to commercial transactions.If an account is registered in the name of a minor, it shall be disqualified to operate within the Site.

o Error in the email account:When the email address of a User has problems to receive the messages that we send from the Site, the account can be temporarily disabled until you inform us of a new email address.

o Limitations of suspended users to operate on the site.  When a User is suspended, it shall not be able to buy items while the suspension lasts.

o Limitations of Disqualified Users to operate on the Site:   When a user is disqualified, it shall not be able to purchase items from the date of its disqualification until the Site reactivates its account.

o Problems with registration data:Any account that does not present true and verifiable data may be suspended or even the user disqualified to operate on the Site until it sends us a valid proof of identity.

22. TERMS OF LAW

This agreement shall be governed and interpreted in accordance with the laws of the Republic 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 shall be interpreted within the framework of the same and in any case, shall not affect the validity, and applicability of the remaining provisions.

23. NOTICES

Any comments, concerns or complaints regarding the previous Terms and Conditions, the Privacy Policy, or the execution of any of these, shall be notified by email to customerservice@incawasi.com.

24.     JURISDICTION AND APPLICABLE LAW

This agreement shall be governed in all its paragraphs by the laws in force in the Republic of Peru.

Any dispute arising from this agreement, its existence, validity, interpretation, scope or compliance, shall be submitted to the competent courts of the city of Lima, Peru.

25. POLICY FOR THE PROCESSING OF PERSONAL DATA, PRIVACY, AND CONFIDENTIALITY

I .PRIVACY AND CONFIDENTIALITY

Our Privacy Policy explains how we collect, use and (under certain conditions) share your personal information with our Suppliers.This Privacy Policy also explains the steps we have taken to secure your personal information.Finally, this privacy policy explains the options regarding the collection, use, and disclosure of your personal information.By visiting the Site directly, or through another website, you are accepting the practices described in this Policy.

You can visit the Site and browse without having to provide Personal Data.During your visit to the Site, you will remain anonymous and we shall 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.

THE DATA WE COLLECT

We shall collect personal information at the time you make the purchase of a product on our Site.We shall collect, store and process the data for processing your purchase on the Site and any subsequent claim, as well as to offer our services.

We shall use the information you provide so that we can process your orders and to offer you the services and information offered on the Site.In addition, we shall use the information you provide to manage your account with us; verify and carry out financial transactions in connection with the payments you make online; audit the data download; improve the design and/or content of the pages of the Users and personalize the same; identify visitors; carry out research on the demographics of our users. We shall send you the information that we think may be useful or that you have requested, including information about our products and services, unless you have told us that you have opposed being contacted for these purposes.By obtaining your consent, we can communicate by email with the details of other products and services.If you prefer not to receive marketing communications, you can communicate at any time and shall stop receiving such communications, by clicking on the 'unsubscribe' link of any email we send you.

Our online payment agent shall process payments made through the Site.You shall only provide your information on our Site.This information shall be accurate and truthful and shall be kept up to date.If any change occurs in your data registered in the Site, you shall enter your account, and update them to store them in our database, in order to avoid problems in payments or the delivery of your products.

We may store the details of your Personal Data, but for security, they cannot be directly recovered by us.  However, you can access this information by logging into your account on the Site.There, you can see the details of your orders that have been completed, those that are open and those that are in the process of being sent and manage the address data, financial data and any newsletter to which you have subscribed.You agree to treat your personal data of confidential access and not make it available to unauthorized third parties.We cannot assume any responsibility for the misuse of passwords that you have disclosed.

YOUR RIGHTS

If you are worried about your data, you have the right to access your account to correct any inaccuracy free.At any time, you also have the right to ask us to stop using your personal data for direct marketing purposes.

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 functionality “my cart” 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 shall 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 for not accepting 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 your browser, visit http://www.allaboutcookies.org/manage-cookies/index .html

SECURITY

The Site applies technical and security measures to prevent unauthorized or illegal access or accidental loss, destruction or occurrence of damage to your information.  

Any operation of the data processing and interconnection system, related to transactions or operations originated by consumer cards issued by entities of the financial system of the users, circulates in an encrypted and secure manner to the entity of the financial system, so that the Site does not has a way to know, record and save the data of consumer cards (credit or debit) of users.

When data is collected through the Site, we collect your Personal Data in a secure server.We use protection programs on our industry standard servers to protect the confidentiality of your Personal Information, including, in other measures, firewalls and Secure Socket Layers (“SSL”).The Site considers the data of its users as an asset that shall be protected from any loss or unauthorized access.We use various security techniques to protect such data from unauthorized access by users inside or outside our company.However, it is necessary to bear in mind that perfect security does not exist on the Internet.Therefore, the Site is not responsible for illegal interceptions or violation of their systems or databases by unauthorized persons.The Site is not responsible for the improper use of information obtained by these means.

II. PERSONAL DATA PROCESSING POLICY

DEFINITIONS

For the purposes of this policy, the words that are defined below shall have the meaning assigned in this chapter, whether or not they are written in capital letters, or that they are plural or singular.

o Authorization:Prior, express and informed consent of the Holder to carry out the Processing of Personal Data.

o Privacy Notice:Electronic document or document in any other format, generated by the person responsible for the Processing, which is made available to the Holder for the Processing of Personal Data, who informs the Holder the information regarding the existence of the policies of information processing that shall be applicable, the way to access them and the characteristics of the Processing that is intended to apply to Personal Data.

o INCAWASI or Responsible person:HTF EXPORT IMPORT S.A.C.

o The Site:www.incawasi.com

o Personal Data:Any information linked to or associated with one or several natural persons determined or determinable.

o Sensitive Data:Sensitive data are those data 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, membership in unions, social organizations, human rights or that promotes the interests of any political party or that guarantees the rights and guarantees of opposition political parties as well as data related to health, sexual life and biometric data, among others.

o Person in charge of the Processing:Natural or juridical, public or private person, that by itself or in association with others, performs the Processing of Personal Data on behalf of the person responsible for the Processing of Personal Data.

o Responsible for the Processing:Natural or legal, public or private person that by itself or in association with others, decides on the database and/or the Processing of the data.

o Holder:Natural person, whose Personal Data is subject to Processing.

o Processing of Personal Data:Any operation or set of operations on Personal Data, such as collection, storage, use, circulation or suppression.

APPLICATION STANDARDS AND CRITERIA

1. GENERAL PRINCIPLES FOR THE PROCESSING OF PERSONAL DATA

In the Processing of Personal Data, the following legal principles shall be complied with (LAW Nº 29733):

The principle of purpose: The Processing of Personal Data shall obey a legitimate purpose that shall be reported to the Holder.

The principle of freedom: The Processing of Personal Data can only be exercised with the prior, express and informed consent of the Holder. The Personal Data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate, that relieves the Holder's consent.

The principle of truth or quality: The information subject to Processing shall be truthful, complete, accurate, updated, verifiable and understandable.  The Processing of partial, incomplete, fractioned or misleading data is prohibited.

The principle of transparency: In the Processing the right of the Holder to obtain from the Site, at any time and without restrictions, information about the existence of data that concerns it shall be guaranteed.

The principle of access and restricted circulation: Personal Data, except public information, may not be available on the Internet or other means of dissemination or mass communication unless the access is technically controllable to provide restricted knowledge only to the Holders or third parties authorized by the Holder.

The principle of security: The information subject to Processing shall be handled with the technical, human and administrative measures that are necessary to grant security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.

The principle of confidentiality: All persons involved in the Processing of personal data are required to guarantee the reservation of information, even after the end of their relationship with any of the tasks involved in the Processing.

2. PROCESSING TO WHICH THE DATA AND PURPOSE OF THE SAME, THIRD PARTIES AND LINKS SHALL BE SUBMITTED.

The Site may transfer and/or transmit the Personal Data subject to Processing to our Suppliers, to help us with any of the functions mentioned in our Privacy Policy.For example, we can use third parties to help us with the delivery of product promotion, collect payments, send products or outsource our service systems to the User.

We can exchange information with third parties to protect against fraud and reduce credit risk.We may transfer our databases containing your personal information if we sell our business or part of it.Regardless of what is established in this Privacy Policy, we shall not be able to sell or disclose your Personal Data to third parties without obtaining your prior consent, unless it is necessary for the purposes established in this Privacy Policy or we are obliged to do so by law.The Site may contain advertising, links or third-party brands.Please note that we are not responsible for the privacy practices or content of such third parties or other websites, nor for any third party to whom your data is transferred in accordance with our Privacy Policy.

Taking into account the above, the Personal Data shall be used by the Site to:

o Provide required services and products.Inform about new products or services that are related or not, with the one contracted or acquired by the Holder.

o Comply with obligations contracted with the Holder.

o Inform about changes in products or services.

o Evaluate the quality of products or services.

o Develop marketing or promotional activities.

o  Send to the email, cellular or mobile device, - via text messages (SMS and/or MMS) commercial, advertising or promotional information about the products and/or services, events and/or promotions of commercial or non-commercial type, in order to promote, invite, direct, execute, inform and in general, carry out campaigns, promotions or contests of a commercial or advertising nature.

o Share, including the transfer and transmission of Personal Data to third parties for purposes related to the operation of the Site.

o No employee is authorized to communicate with users except the customer service channel and in case it happens, ignore the information sent.

o Carry out internal studies on the compliance of commercial relations, and market studies at all levels.

o Answer legal requirements of administrative and judicial entities.

If you prefer not to receive this type of additional information, as detailed in this section (or any part of it), please click on the 'unsubscribe' link of any email we send you.Within 7 business days after receiving your instruction, the Site shall stop sending the requested information.If your instruction is not clear, we shall contact you to clarify it.

3. Authorizations

The Processing of Personal Data made by the Site requires the free, prior, express, and informed consent of the Holder of said data.  The Site, in its capacity as responsible for the Processing of Personal Data, has provided the necessary mechanisms to obtain the authorization of the holders, guaranteeing in any case that it is possible to verify the granting of said authorization.

The authorization may be given orally and/or by means of an electronic document or any other format that allows guaranteeing its subsequent consultation.

In any case, the Holder shall give the authorization and by this authorization, it shall be possible to verify that the Holder knows and accepts that the Site shall collect and use the information for the purpose for which it is given prior to the granting of the authorization.

By accepting the Terms and Conditions of Use, the User expressly authorizes the Site for the Processing of its Personal data in accordance with these policies.

4.  PROCEDURE FOR THE EXERCISE OF THE RIGHTS OF KNOWING, UPDATING, RECTIFYING, DELETING INFORMATION AND REVOCATING THE AUTHORIZATION

The Holders of the Personal Data may at any time request from the person responsible for the Processing what information about them is kept, as well as request the update of the ratification or deletion of said information, using the means described in number 7 of this policy.Additionally, they may revoke the authorization granted.

The request to suppress the information and the revocation of the authorization shall not proceed when the Holder has a legal, contractual or commercial duty to remain in the database.

To this end, the Holder of the information through the different means predetermined by the Site in number 7) shall make the claim indicating its identification number, contact information and providing the relevant documentation that he intends to enforce.

If the Site considers that for the analysis of the request, it requires more information on the part of the Holder, it shall proceed to communicate such situation within seven (7) business days following receipt of the request.After ten (10) business days from the date of the request, without the applicant submitting the required information, the claim shall be deemed not filed.

The maximum term to attend the claim shall be ten (10) to fifteen (15) business days, counted from the day following the date of receipt.

When it is not possible to attend the claim within said term, the interested party shall be informed before the expiration of said period of time of the reasons for the delay and the date on which its claim shall be handled, which in no case may exceed ten (10) working days following the expiration of the first term.

5.  RIGHTS AND DUTIES OF THE HOLDERS

The Holder of the Personal Data shall have the following rights:

o Know, update and rectify Personal Data.

o Request proof of the authorization granted to the Site.

o Be informed by the Site, upon request, regarding the use that its Personal Data has been given.

o Present queries before the Responsible or Manager of the Processing, in accordance with the provisions of number 3 of this policy, and file complaints with the relevant courts.

o Access, free of charge, the Personal Data that are subject to Processing under the terms of the Law and Personal Data Protection Regulation.

o The Holder of the Personal Data shall have the duty to keep its information updated and guarantee, at all times, the veracity of the same.The Site shall not be responsible, in any case, for any type of responsibility derived from the inaccuracy of the information provided by the User.

6. SECURITY MEASURES

The Site shall adopt the technical, human and administrative measures that are necessary to grant security to the records in the Site, avoiding its adulteration, loss, consultation, use or unauthorized or fraudulent access.

Any operation of the data processing and interconnection system, related to transactions or operations originated by consumer cards issued by entities of the financial system of the users, circulates in an encrypted and secure manner to the entity of the financial system, so that the Site does not has a way to know, record and save the data of consumer cards (credit or debit) of users.

7. RESPONSIBLE AND CONTACT PERSON

The Site shall be in charge of the collection and processing of Personal Data, the Authorization, and the stored records, in all cases, preventing them from deteriorating, losing, altering or being used without authorization and keeping them with due security.

The customer service area is the only one that shall be in charge of responding to the requests, complaints, and queries of the holders of the data and the Holders of the Information can exercise their rights to know, update, rectify and delete their Personal Data, sending communications to email customerservice@incawasi.com

8. ENTRY INTO FORCE, MODIFICATION AND VALIDITY PERIOD OF THE DATABASES

The information provided by the groups of interest shall remain stored for up to five (5) years from the date of the last processing, to allow us to comply with the legal and/or contractual obligations to their charge, especially in accounting, fiscal and tributary matters.

The term of five (5) years is due to the Peruvian tax regulation (SUNAT) in which it is entitled to request tax information for the last five (5) years prior to the current accounting year.

This policy may be modified at any time and unilaterally by the Site, always taking into consideration the protection of Personal Data of our Users and in accordance with the applicable legislation.

9. AUTHORITY

If the User considers that its rights have been violated with respect to the protection of Personal Data, it has the right to go to the corresponding authority to defend its exercise.  The authority is the National Authority of Protection of Personal Data (APDP, acronym in Spanish) requesting the protection of its rights, its website is http://www.minjus.gob.pe/proteccion-de-datos-personales/