TERMS AND CONDITIONS OF SALE

1.-DEFINITIONS AND APPLICATION

The purchase and sale transactions between Qaytu Collection Import and Export. SAC., hereinafter for purposes of this document will be referred to as "Qaytu Collection" and the buyer referred to as "the Client", is exclusively governed by the present Terms and Conditions of Sale and is subjected to the current legislation of Peru.

If the Client does not accept these Terms and Conditions of Sale, they must abstain from acquiring the products or services of Qaytu Collection.

The acceptance by the Client of those deliveries carried out by the Qaytu Collection under the present Conditions of Sale, will signify that these conditions are accepted tacitly by the Client. The modification of any of the present Terms and Conditions of Sale will only be valid, when it has been collected in writing and signed by the legal representatives of each party.


2.-PRICES

All prices will be published in U.S. Dollars in incoterm FCA terms or soles if the terms are incoterm EXW. The prices reflected on these lists of goods DO NOT include the following concepts: General Sales Tax, other legal taxes, packaging, transportation costs, or insurance. The General Sales Tax (GST), currently 18%, will be applied on the net value of each product to all sales made within Peru.

Qaytu Collection reserves the right to modify, without previous notice, the products and prices on these lists.

The prices that appear published in the catalog of products or on the website are subjected to the fact, that up until the moment of processing the order made by the Client, there are no changes made in the costs of the products or in the Foreign Trade regimen or the parity of the Peruvian Sol with the currency of origin of the imported goods, unless these exchange rates would in some way be detrimental to Qaytu Collection, in this Qaytu Collection would notify the Client of these price changes by any written means, including by email and will not ship the merchandise until having received written consent by the Client.

In case the Client does not accept the notified modifications, they will be entitled to cancel the order without any of the Parties incurring any liability to the other party for such cancellation.

The offers and promotions made on the Qaytu Collection Website are appropriately marked and identified as such. Its time of validity is effective as long as it appears published on this website.

The price lists include discounts for wholesale quantities which by means of a table are clearly indicated where the quantity is related to the final price of the products for each particular wholesale quantity . Any other discount will be offered under special conditions, dictated and authorized only by Qaytu Collection. The discounted prices may be modified by Qaytu Collection without previous notice.


3.-ORDERS

The orders will be initiated by the Client submitting a written order form or through an electronic purchase order form generated on the Qaytu Collection Website.  The order forms will identify the products, unity quantity, number of parts, descriptions, applied prices, and data identifying the Client.

The Client recognizes that by placing an order by means of an electronic registration signifies the consenting  of the same which constitutes as a contract with Qaytu Collection. The writing by the Client of their name when it is required to do so for a program or form from our website constitutes as a valid authentication of an electronic signature for such contract. All orders are subject to the approval by Qaytu Collection.

If the Client grants power to an agent or person(s) placing orders on behalf of the Client, the latter must have total authorization to enter into such contract by the Client, and such concession of power should be communicated formally to Qaytu Collection in writing, stamped, and signed by the maximum authority for said power.

Qaytu Collection will verify the antecedents of these authorizations reserving the right to reject those that do not meet the minimum requirements or those that result impossible to verify.

It will be the exclusive responsibility of the Client to inform opportunely to Qaytu Collection of any revocation of power to its agent or person(s) placing orders on behalf of the Client in order to avoid fraudulent transactions. In the event of not having been informed of the aforementioned, Qaytu Collection will be exempt from all liability of any damage that this fraudulent situation may cause the Client, as well as being entitled to claim any debt or expense that this action provokes against Qaytu Collection.

Qaytu Collection is entitled to demand reimbursement from the Client for any additional expenses incurred as a consequence of the Client having altered the conditions of their order in anyway.

4.- PAYMENTS

In order to dispatch the purchase orders, a 100% settlement of the account in advance is requested, including shipping expenses, with the exception of those Clients who have a direct credit line authorized by Qaytu Collection.

No order will be dispatched until the payment verification is made.

Payments can be made through the following ways:

Bank deposits in cash or with a personal check of the Client made out to Qaytu Collection. The data of our current bank account will be provided at the moment of confirming the order.

Credit cards VISA, MASTER CARD, AMERICAN EXPRESS, MAGNA, and DINERS, rightly authorized by Transbank.

Bank Deposits. The amount deposited by the Client will be for the total amount of the purchase including VAT ( Value Added Tax), shipping and other expenses that could generate some extraordinary modification to the order solicited by the Client. When the payment is made through a bank deposit the order will be dispatched only when the funds are effectively available in Qaytu Collection's current bank account. Qaytu Collection has the means to verify the bank deposits made by the Client, but such action may signify a delay in the dispatch of the order. With the finality of speeding up the dispatch process, the Client must fax a copy of the bank deposit. This action will benefit a speedier dispatch of the order mainly to those who deposit in cash, those who make deposits with checks should consider the period of withholding imposed by the banking entities.

Credit cards. The charge to the credit cards will be for the total of the purchase including the General Sales Tax, shipping costs and other costs that could generate some extraordinary modification to the order solicited by the Client. If the card is not enabled or is rejected by our electronic verification system, the Client will be informed promptly and the order of purchase to this charge will be withheld until this situation is resolved with a maximum deadline to respond of five days, after this period of time has passed Qaytu Collection reserves the right to cancel the order of purchase returning all the goods to its inventory leaving these subject to sale.

Qaytu Collection suggests for the security of the Client, to not send the credit card number by email. Prefers using fax.

5.-SHIPPING

The delivery of any of the goods subjected to buying and selling, under the present Terms and Conditions of Sales is subject to the availability plan of Qaytu Collection. It will endeavor to make deliveries on the scheduled date offered or confirmed. However, its delay will not imply the cancellation of the purchase of order or any type of compensation. Qaytu Collection will not take responsibility for failure to comply with said dates as long as the reasons are outside causes to Qaytu Collection. Any penalization clause for delay made by the Client in their order remains ineffective. The postponement of the delivery period must be confirmed in writing. Once the merchandise has been released to the carrier, no cancellation or change in terms will be accepted.

Qaytu Collection considering the coverage, costs, quality of service, and security has determined to carry out their shipments within Peru using the following companies: FEDEX, DHL, SERPOST.

This value will be calculated and informed automatically by the order system of our Internet site.

The Client may solicit the shipment of their merchandise utilizing the services of any other transportation company, as long as the Client has a customer number or a current account with the company, for this the Client should detail the corresponding data in the box provided for these purposes. When the Client determines the means of transport of their merchandise, the possession and risk of loss or damage are considered emitted from the moment the goods are shipped.

Qaytu Collection will not make any shipment that does not comply with the conditions mentioned in the previous paragraphs

Reception date of the goods are considered as that which appears in the transportation company's and post office's records.

The final election of the company that will ship the merchandise will depend on the destination and the cost of the freight, always assuring the Client the most convenient means. Qaytu Collection reserves the right to incorporate at any time other transportation companies offering such service, as well as eliminating any who do not fulfill expected service.

The table associated with the shipping costs as well as the company who will be conducting the shipping services to the final destination, will be published on the Qaytu Collection Website. The value associated with the shipment will be payed for by the Client together with the value of the merchandise in an anticipated  manner, being calculated for each particular case based on the weight and geographic location.

Qaytu Collection will hand over to the carrier available merchandise acquired by the Client in a 1 to 24 hour time frame after verifying the payment there of.

After receiving the merchandise, the Client should check that the goods are complete and not defective. If after one day of having received the merchandise,the Client has not made any claim, all goods will be deemed accepted.

6.- RETURNS ANS GUARANTEES

Qaytu Collection guarantees that the goods are free of manufacturing defects. The goods marketed by Qaytu Collection are acquired directly from authorized distributors or manufacturers that comply with strict quality standards, with the majority of them having ISO certification.

Information about returns:

Refunds will be accepted for all garments with manufacturing defects providing they are returned in the original packages, in perfect conditions, and in perfect working order. Excluded are goods that are sold under express conditions of non-cancelable or non-returnable (NCNR).

Refunds will only be accepted during the five days following reception of the order and after having communicated by written means the motive for the return.

The sender will be accountable for shipping costs. After an inspection of the returned material total repayment, and the shipping cost if applicable, will be made through a bank transfer.

 

Qaytu Collection Import & Export SAC.

Address: Pasaje independencia G16, Juan Pablo Vizcardo y Guzman III Etapa, Jose Luis Bustamante y Rivero.

Arequipa - Peru.

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© 2004 Qaytu Collection Import & Export SAC. All Rights Reserverd.