TERMS AND CONDITIONS OF USE
Hello; welcome to Unicachi.com
Through these general terms and conditions of use ("T&C") the application of Terms and conditions of use of www.unicachi.com (Website), mobile site and its mobile applications of the electronic commerce platform that are provided by the owner Unicachi.com SAC incorporated in Peru with registration number RUC 20605433473. The contractual relationship between you as a user (hereinafter, “You”, “Registered User” or in plural “Registered Users”) and Unicachi.com S.A.C. (hereinafter, the "Platform", the "Application", "We" or "Unicachi.com").
1. Registration, use and acceptance of terms
1.1 Your use of Unicachi.com is free.
1.2 You must be 18 years of age or older, or be of legal age in your country.
1.3 By accessing, registering and using the Services of our e-commerce Platform such as the Website, mobile site and its applications; You accept and submit to these terms and conditions of use. If you do not accept, please refrain from using, and do not access the website, mobile site or its applications or manipulate the information of the services offered by this platform as you could be misusing it.
1.4 Unicachi.com is a private virtual market; digital supermarket; virtual shopping center; online market. As a web platform it connects registered users who are sellers and buyers. Where commercial transactions are carried out in the best certified safe conditions.
1.5 As a user; when accessing our platform; To use it, you have 2 options: become a customer or become a seller. Proceed to create your User Account by choosing a single option. Registering your precise, exact, true and legal personal data in the user registration form. Then, as a user, you agree to agree with the Privacy Policy and your consent to the processing of personal data; Product and service catalog policy; and any other rules or policies that Unicachi.com publishes; in turn, each is considered an integral and inseparable part.
1.6 The authorized user; After identifying yourself, you can buy or sell goods and services globally. Users when accessing are classified as official brands, manufacturers, suppliers, distributors, sellers and clients or end consumers.
1.7 Users who become sellers agree to be suspended and removed; as soon as they have not been confirmed or authorized.
1.8 Being a registered or authorized user; you will need to log in using your registered username and password; at any time, considering yourself as a customer or as a seller respectively as registered.
1.9 The translation of these T&C may be available in any language. However, in the face of any misunderstanding, the one who governs is the Spanish version.
2. Provision and use of Services.
2.1 If you live in Peru; The service provider that you are hiring is Unicachi.com Sociedad Anónima Cerrada.
If you live outside of Peru; and your jurisdiction is the rest of the world, you use the services and you are hiring Unicachi.com Sociedad Anónima Cerrada.
2.2 The services for the registered user are provided with due diligence, abiding by these T&C.
2.3 Only some informational functions are available to unregistered users.
2.4 The rest of the world are different regions and countries with their own cultural characteristics, idiosyncrasies, language, currency, geography, and other characteristics. When using the services, we do not guarantee their full scope. We strive to satisfy you better every day.
2.5 Unicachi.com Sociedad Anónima Cerrada may restrict, suspend, limit features or functions to registered users. Authorize their partial or complete access. Add or update terms and conditions without prior notice.
2.6 We do not charge commissions. We do not charge monthly fees.
2.7 Our services are intended exclusively for the use of registered users.
3. Registered user accounts
3.1 The Platform does not assume responsibility in the event that the user gives a password to third parties. The sale, assignment, loan or transfer of the User Account is prohibited. The registered user is responsible for all operations carried out from his Account; and in the event of any improper or unauthorized use of your Account, you must inform us promptly.
3.2 If you are a non-registered user, or anonymous visitor; You will not be able to buy or sell unless you have created your account, either on the Website, or mobile site or its applications.
3.3 Buying and selling Users undertake to adjust their publications to the truth. Not use your username and password for any illegal purpose or against morals or good customs. They agree to respect each other at all levels of care. They acknowledge that it is prohibited to introduce inaccurate, obscene, defamatory, insulting, malicious, fraudulent content and any illegal act against the Platform or any other user. User accounts; they can be reported; they will be reviewed, and if they are verified they will be suspended or even prosecuted by the police and the courts.
3.4 Buying and selling Users can be blocked for security reasons; your order orders stopped; due to an identified violation of this T&C. The Application will notify these states to the registered users involved.
4. Personal data
4.1 Our Privacy Policy explains how we protect your privacy; Your personal information; use of cookies. By accessing the e-commerce Platform and its services; You accept the conditions of our Privacy Policy and Cookies Policy.
5.- Registered users
5.1 The data and information consigned in this Platform, which you validated or filled out, are declared by you as true and have the character of an Affidavit, so they are subject to subsequent regulation and that if falsehood or fraud is proven they would be grounds for sanctions by Law. They constitute violations of our T&C. And we reserve the right to take appropriate and necessary measures.
5.2 If you are already a registered User, you accept that access to the Platform and its services through your username and secure password is your full and exclusive responsibility. You agree to keep it confidential.
5.3 We grant a non-transferable, personal user account with the exclusive right to use it on our e-commerce Platform. If you represent a product and / or service brand or an entity or a group or a company or a business or a character; You must have the respective representation licenses; and the respective powers to accept these T&C.
5.4 There is a Service Provision Policy. If you are a registered User who has become a seller User; You are accepting all the terms indicated there.
5.5 The secure condition of electronic transaction on our Platform is an essential requirement. Therefore, you accept the Transaction Policy between Buying Users and Selling Users.
5.6 Registered Users, when accessing the Platform, will find the catalog of products and services offered by different selling Users. The purpose of the catalog is to show and display to the Buying Client or User the products and services duly ordered by categories and sub categories. The buyer User can make their purchases. The buyer User and the seller User can carry out commercial transactions.
5.7 Registered Users, when accessing the catalog of products and services, to carry out commercial transactions may use the shopping cart; instant communication services such as messages, tickets and contact information; and the services of means of payment within the Platform. We are not responsible for commercial transactions carried out outside the Platform. We do not approve any form of interaction between registered Users outside of the Platform and they will be at your own risk.
5.8 Purchase requests are generated when ordering products and services, you agree to fulfill the corresponding payment obligations; the total payment (taxes included). Comply with the Sales, Delivery, Refund and Warranty Policy.
5.9 The user buyer or customer can track their orders and obtain a copy of their invoice through the option "History and purchase details" from the User Account Settings.
6. Products and Services
6.1 The use of our services, as well as the purchase or sale of products and / or services implies that you have read and accept the Terms and Conditions of Use.
6.2 Unicachi.com is responsible for ensuring good treatment, order, respect, friendliness between customers and sellers. We guarantee security in commercial transactions; transparency in the entire procedure. Following strict international standards.
6.3 Services for the Client or buyer user
a) The customer or buyer user can buy products offered from the main page, categories page, subcategories, search for products and / or services, consult; choose products and / or services, discard them, continue shopping, use the shopping cart; use the secure online payment service, use discount coupons, gift cards and other visible means of payment. To subscribe. Use more of your own features that are shown on our platform.
b) The Client or buyer user is responsible for managing their assigned Account. Read the product details. Be aware of the purchase made. Make follow-up inquiries about your purchase until the moment of delivery. Wait the time indicated according to the details specified in the Sales Policy.
6.4 Services for the seller user
a) Unicachi.com grants a web space to a seller user or business owner, official brands, retail or wholesale store owner; to create, manage and display your store, seller profile page, your policies, sell your products and / or services, answer customer questions, deactivate store, use more of your own features that could be found in the assigned administration panel.
b) Unicachi.com and the seller user are responsible for the content of their seller profile page, pages of their products and / or services offered therein, as well as the sale, shipping, guarantee and return.
c) The seller user upon approval of her registration to display and sell. You must request participation in a category or categories in which your products and / or services will be offered.
6.5 Registered users when subscribing as buyers or sellers also accept our Products and Services Catalog Policy.
6.6 In the display of products and services, the prices offered generally represent the subtotal value of the good; and in some cases they do not include taxes, delivery costs (transport), shipping, storage and some bank interest according to the payment method used as indicated in term 5.7. Be sure to read the product or service page carefully.
6.7 About promotions. The Platform and its selling Users will offer discounts and discount coupons according to their marketing policies. And they will be fully visible.
7.- Transactions between buyer users and seller users
7.1 By using our e-commerce Platform, you have the objective of buying or selling products and / or services. To make transactions effective, We provide the electronic transaction service through various payment methods. This service is subject to the Transaction Services Policy between Buying Users and Selling Users.
7.2 Electronic transactions between registered Users within the Platform comply with anti-fraud and electronic security protocols. However, despite these precautions, you should, at a minimum, take more preventive measures such as:
a) Any user or registered user could commit identity theft, could also falsify and usurp a seller or customer user account.
b) Stop communicating immediately with that user you are dealing with if they insist on obtaining private personal or financial information. Although we verify the veracity of the information of the registered User; These bad users could circumvent information networks for illicit purposes.
c) Do not accept any type of private meeting. Our communication services are intended solely for business purposes, any other use violates the Terms and Conditions policies of the Platform.
7.3 Unicachi.com does not provide risk insurance in purchase and sale transactions. Registered Users, when accessing and using the Services of our electronic commerce platform such as the Website, mobile site and its applications. They take all their risks. From order to final delivery. Foreseen or not consequences of bad storage, delays, criminal acts, fraud, accidents, injuries, deficiencies, confusion, guarantees, dissatisfaction, non-compliance, distribution, commercialization, import risks, export risks, claims, third-party claims, administrative demands and judicial, lawsuits, defenses, compensation, force majeure, absences and other related. Unicachi.com does not assume any responsibility for these transaction risks or for correspondence, treatment or with respect to it.
7.4 About our responsibility in transactions. They are based on 7.1 of the terms of these T & Cs. Where registered Users accept and acknowledge being responsible for transactions, complying with the policies of terms and conditions of use of the Platform. The responsibilities of your transactions such as payment, taxes, distribution, storage, reimbursement and guarantee obligations. The responsibilities of quality, legality, health, availability. Responsibilities from your User Account for managing it; to buy, sell, accept or not accept, monitor, finalize the transaction.
7.5 About disputes between registered Users. Claims and complaints are resolved in term 15.2 where we try to avoid disputes between registered users. If disputes arise; Unicachi.com departs and refrains completely connected and convex from any expense, damage, administrative or judicial procedure.
7.6 Indemnification. Users who are sellers or buyers of all products considered illegal, products of doubtful origin, adulterated products, counterfeit products, products without sanitary authorization to be placed on the market, products acquired through contraband, products without guarantee, products without sales authorization, products without industrial authorization, stolen products, black market products that try to be sold and / or bought on our Platform. They will be creditors of a complaint before the pertinent authorities, police and judicial. They cause enormous damage to the Platform. And they must indemnify Unicachi.com, legal company, directors, employees, representatives and derivative agents; for irreparable damages.
8.- Sale, Delivery, Warranty and Return Policy.
9. Delivery Service
10. Subscriptions and messages
10.1 Subscription to offers and newsletters of products and services is voluntary; being a selectable option during user registration. You can also select after creating your account, from the Newsletter Settings panel or from the link in the "More" section
10.2 The Platform notifies the Registered User through the Website, mobile site and the Application. Offers, newsletters, text messages to the email address provided, content for promotional or advertising purposes.
10.3 The Registered User may unsubscribe or unsubscribe from the same notification or request the cessation of promotional or advertising activity through the Newsletter Configuration section of the configuration panel of their account. If you do not wish to receive news or information from Unicachi.com in your email or have received this message in error, please respond to us at support@unicachi.com
10.4 As a Platform we send notices and messages through the contact information you provided to the email address or mobile phone. You acknowledge that you must keep your contact information current. We will not include links to other pages, we will not attach files, we will not request your personal data or account information; Remove immediately if it exhibits these fraud characteristics. Our content sent is in accordance with the laws that regulate unsolicited or unwanted commercial emails.
11. Anti-fraud check
11.1 The purchases of products or services of registered users can be postponed for anti-fraud verification. It can also be suspended for a longer time for a thorough investigation, to avoid fraudulent transactions.
12.-Limitation of liability
12.1 The platform is permanently updated. Internally we carry out maintenance operations. We do not guarantee uninterrupted service. We can make inaccuracies and correct it as quickly as possible.
12.2 We are not responsible for damages caused by the same state of the internet as those caused by your internet provider, whether due to repair, non-payment, suspension of internet service; or caused by power outages, or caused by situations of natural phenomena or natural disasters that affect your mobile device or computer.
13.-What you should do and should not do
14. Intellectual and industrial property rights
14.1 All rights and interests in the total content of the Platform; put up for use; including texts, images, audios, graphics, logos, icons, visual designs, presentation, digital files and any other information are the sole and exclusive property or legal licensee of UNICACHI.COM S.A.C. They incorporate extracts with other intellectual property rights protected by copyright and international laws. It is completely forbidden to extract and / or reuse it without our express consent.
14.2 Industrial property; Unicachi.com, domain names, acronyms, content, brands, designs, logos, drawings and all related elements are registered trademarks or trademarks or service marks of Unicachi.com S.A.C. Protected by the laws and international treaties of copyright, trademarks, patents, models, industrial designs and other applicable property rights. Illegal use, unauthorized copying, total or partial modification of said content, use or publication is strictly prohibited.
14.3 All the products offered on this Platform are original and legally acquired; without infringing the intellectual property rights of third parties. The services offered on this Platform without infringing legally protected rights. Do not use third party or independent third party brands or logos without their approval.
15. Claims, applicable provision and jurisdiction
15.1 If you have any questions, doubts, queries or think you have found some kind of error, please contact us at:
Customer service: customers@unicachi.com
Seller support: sellers@unicachi.com
15.2 Complaints or complaints: To resolve or report a complaint or complaint, please send a detailed email to support@unicachi.com. We will take immediate action to help solve the problem. Claims and / or complaints that we can share in part or in full. You can also send us about it from the Complaints Book
15.3 Jurisdiction: You accept that these Terms and Conditions of Use are governed by the laws of the Republic of Peru, regardless of your choice of legal provisions.
15.4 Arbitration. You hereby agree that, if we become involved in a dispute related to or arising out of your use of the Platform, any such claim, including claims by general representatives of private attorneys, will be resolved by binding individual arbitration Arbitration Center Popular Arbitrator Peru of the Ministry of Justice and not before a court. There is no judge or jury in arbitration proceedings, and awards made by an arbitrator are generally not appealable in court, the same effects as a final judicial decision, that is, it is mandatory for both parties, except in exceptional circumstances .
To start an arbitration procedure, you must send us a notice to legal@unicachi.com
15.5 If it has not been possible to solve exceptionally, it will be resolved before a specialized commercial court of Lima of the Judicial Power of Peru.
16. General provisions
17. Contractual assignment
17.1 The time of the bond between You and Us is indeterminate. If you try to terminate the link, you can request the deletion of the user by requesting from your profile configuration panel or by sending the reason from the contact form.
17.2 We may also terminate the link, at our discretion, with or without prior notice, due to a breach of these T & Cs.
17.3 The Platform executes the cancellation of the account due to termination. Deleting its content irretrievably.
18. Modifications and updates
18.1 This policy of Terms and Conditions of Use will be modified and updated at any time by Unicachi.com S.A.C. The current text of the same will be published on our Platform Website: www.unicachi.com mobile site and its applications. We recommend that you check back periodically. We will review this policy and the effective date below.
Effective Date: July 23, 2020