Terms and Conditions
This document describes the general terms and conditions (the "Terms and Conditions") applicable to accessing this website and acquiring the products ("the Products") offered by La Rosa Náutica S.A. (hereinafter, the "COMPANY"), with RUC N° 20111035378, with address at Via. Costa Verde Espigon Nro. 4 otr. Circuito de Playas (Circuito de Playas de la Costa Verde) - Lima, Peru; within the website www.larosanautica.com (hereinafter the "WEBSITE” or “Site”). Any person wishing to access and/or subscribe to and/or use the Site and/or acquire the Products may do so subject to these Terms and Conditions, along with all other policies and principles governing the WEBSITE that are incorporated herein directly or by reference or that are explained and/or detailed in other sections of the Site. Consequently, all visits and all contracts and transactions carried out on this WEBSITE, as well as their legal effects, shall be governed by these rules and subject to the applicable legislation in Peru.
The Terms and Conditions contained in this instrument shall apply and be understood as an integral part of all acts and contracts executed or entered into through the offer and marketing systems comprised in this Site between the users of this Site ("the User") and the COMPANY. The User also qualifies those persons who access the WEBSITE, without acquiring Products.
The User undertakes to use this Site only for lawful purposes and/or diligently and correctly. In this sense, by way of example and not limitation, the User must not use the Site for activities contrary to the law, these Conditions, morality, good customs or established public order and/or for unlawful, prohibited or harmful purposes or effects to the rights and interests of third parties, nor to process, send or transmit through the Site any material, information or content that may be considered in any way illegal, threatening, abusive, invasive, defamatory, obscene, sexually explicit, racist, vulgar, profane or otherwise objectionable or affecting civil rights or any legal norm.
1. Legal capacity
The Products are only available to persons who have the legal capacity to contract. Persons who do not have such capacity, including minors, may not access the Products. Acts performed by minors on this Site shall be the responsibility of their parents, guardians, custodians or curators, and shall therefore be considered performed by them in the exercise of their legal representation.
2. Modifications to the terms and conditions
The COMPANY may modify the Terms and Conditions at any time by publishing the modified terms on the Site.
3. Procedure for using this WEBSITE
In the contracts for the Products offered through the Site, the COMPANY will unequivocally inform the steps to be followed to enter into them. The mere act of following the steps indicated on this Site to make a purchase is equivalent to accepting that the conditions contained in this document have been effectively met. Likewise, when making a purchase, the User will have to provide the data requested by the WEBSITE for this purpose. This data will be processed according to the COMPANY's Privacy Policy.
4. Means of payment that can be used on the WEBSITE
The Products offered on this WEBSITE, unless a different payment method is specified for particular cases, may be paid for using the following payment methods allowed on this WEBSITE:
4.1. Credit or Debit Cards: The option to pay with credit or debit cards is enabled for VISA, Master Card, DINERS or American Express cards. Likewise, credit or debit card payments are subject to the approval of the card-issuing bank and to the internal validations of the payment gateways in charge of processing the transaction. In cases where the payment is not approved or is rejected, the associated purchase order will be automatically canceled.
4.2. Collection Companies: This is a payment method where the User reserves their purchase and a payment code is generated, which they must use to go to any establishment or agency affiliated with the collection company chosen by the customer when placing their order. Payment must be made within the period established at the time of purchase, otherwise the order will be canceled due to non-payment. Once payment has been made, validation will take place within 24 business hours. The collection companies currently enabled as payment methods on the WEBSITE are: Izipay.
4.3. Bank Deposit: The customer can pay directly into a La Rosa Náutica S.A. account at the bank by choosing this payment method. For this payment method, the following must be taken into account: i) the maximum period for payment of the order is 48 hours, ii) once payment has been made, it is the customer's responsibility to send the payment voucher and the order number to our contact email servicioalcliente@larosanautica.com for approval of the order.
5. Formation of consent in contracts entered into through this Site
Through the WEBSITE, offers of goods and Products will be made, which may be accepted by Users electronically or using the mechanisms that the WEBSITE itself offers for this purpose. Any acceptance of an offer will be subject to the suspensive condition that the COMPANY validates the transaction. Consequently, for any operation carried out on this WEBSITE, confirmation and/or validation or verification by the COMPANY will be a requirement for the formation of consent. To validate the transaction, the COMPANY must verify:
- That it validates and accepts the payment method offered by the User.
- That the payment is credited by the User, according to the payment method used.
- That it validates the User's data.
- That the delivery address is within the national territory.
To inform the User about this validation, the COMPANY must send a confirmation to the same email address registered or provided by the User, or by any means of communication that guarantees due and timely knowledge by the User, or by effectively sending the product. Consent will be understood to be formed from the moment this written confirmation is sent to the User and at the place where it was issued.
Legal Notice: The sale, dispatch and refunds of products are subject to their availability and product stock.
6. Dispatch of Products
Products purchased through the WEBSITE will be subject to the dispatch and delivery conditions chosen by the User and available on the WEBSITE. The shipping location information is the sole responsibility of the User. The deadlines chosen for dispatch and delivery are counted from the moment the COMPANY validates the transaction and the payment method used, and will be informed to the User at that time.
The COMPANY offers dispatch coverage at the Lima and Provinces level; however, these are subject to the accessibility of the destinations, which will be identified by the User when making their purchase and choosing the DEPARTMENT, PROVINCE, and DISTRICT of destination.
If the User changes the address at any point in the process, they must immediately inform the COMPANY. In these atypical situations, delivery times will be modified depending on the new address.
You can find our complete shipping policy by clicking here.
7. Exchange and Return Policy
The COMPANY is committed to ensuring that the User is completely satisfied throughout their shopping experience. It is the responsibility of each User to review the exchange or return policies before purchasing any product. However, these policies do not affect the User's rights provided for in Law 29571 of the Consumer Protection Code.
WARRANTY
If the product purchased by the User does not meet the technical specifications offered, is damaged, or incomplete, they may exchange it within 30 days from the date of purchase, by notifying servicioalcliente@larosanautica.com. For this purpose, the User must present the sales receipt, purchase invoice, or provide their RUC, which must necessarily match the one registered at the time of purchase. When making the request, the returned Product will be reviewed by the COMPANY, where the deficiency will be evaluated to rule out that it is due to misuse.
If the fault is due to a deficiency of the Product, the User will be entitled to exchange it for another identical Product, or to request a refund of the amount paid as indicated on the sales receipt or purchase invoice.
For more information, click here.
8. Refunds
See the complete refund policy by clicking here.
9. Intellectual Property
All content included in or made available to the User on the WEBSITE, including texts, graphics, logos, icons, images, audio files, digital downloads, and any other information (the "Content"), is owned by the COMPANY, or the COMPANY has a license from its owner for its use. In this regard, the User must refrain from extracting and/or reusing parts of the Content without the prior and express consent of the COMPANY.
The User acknowledges that they do not acquire any rights over the trademarks, logos, designs, drawings, photos, images, graphics, and any other information contained on this WEBSITE. The use of the Content for commercial purposes or for its distribution, public communication, and modification is expressly prohibited.
10. Legal Terms
This agreement shall be governed by and interpreted in accordance with the laws of Peru, without giving effect to any principles of conflict of law. If any provision of these Terms and Conditions is declared illegal, or presents a void, or for any reason is unenforceable, it shall be interpreted within the framework of these Terms and Conditions and in any case shall not affect the validity and applicability of the remaining provisions.
11. Notifications
Any comment, concern, or claim regarding the foregoing Terms and Conditions, the Privacy Policy, or the execution of any of these, must be notified in writing to the following email address: servicioalcliente@larosanautica.com.
12. Jurisdiction and Applicable Law
This agreement shall be governed in all its points by the laws in force in the Republic of Peru. Any controversy arising from this agreement, its existence, validity, interpretation, scope, or fulfillment, shall be submitted to the competent courts of the city of Lima, Peru.
13. Product Availability
The availability of Products offered through the WEBSITE may vary depending on customer demand. Although the COMPANY updates its stock periodically, the product requested by the customer might be out of stock at that moment. In such a case, the COMPANY will contact the User via email or telephone to inform them of the impossibility of fulfilling the order.
14. Contact Information
For any questions about your order, you can send us an email to servicioalcliente@larosanautica.com or our WhatsApp +51 989323809; we will respond as soon as possible.