TERMS AND CONDITIONS

The mere visit to laladrillera.com.pe does not impose any obligation on the consumer, unless he/she has accepted the conditions offered. The use of the portal laladrillera.com.pe is governed by the terms and conditions described below, as well as by the legislation that applies in the Republic of Peru. The terms and conditions contained in this instrument will form part of all the acts and contracts that are executed or celebrated by means of the systems of supply and commercialization understood in this Web site, between the CUSTOMERs of this site, to who will be denominated in ahead “THE CUSTOMER” and the ladrillera.com.pe, to who will be denominated in ahead “THE LADRILLERA”, as it agrees to the sense of the text. It is requisite to buy in LA LADRILLERA the acceptance of the Terms and Conditions of sales described next. Any person making a transaction on the website declares and acknowledges, by the fact of making the purchase, that he/she knows and accepts each and every one of the Terms and Conditions described below. The Terms and Conditions shall be understood to be known and accepted by the mere fact of registration and/or purchase of products through this site.

1. TERMS OF USE:

LA LADRILLERA reserves the right to change, modify, add, remove or update the Terms and Conditions detailed below at any time, without notice. Changes to the Terms and Conditions will be effective when posted. For this reason, we recommend reviewing the Terms and Conditions each time the Site is used. THE CUSTOMER will be subject to the Terms and Conditions of the present site, at the moment in which they complete their purchase request. Continued use of the Web Site and/or the services made available on or through the Web Site after any changes have been posted will be deemed acceptance of those changes. Occasionally, the services of the Website may be suspended or restricted due to upgrades or maintenance work, as well as the introduction of new products. In the event of such exceptional conditions, their duration will be limited and we will endeavor to restore the service promptly.

2. CUSTOMER REGISTRATION

For the acquisition of products and services offered in this portal, the acceptance of the present conditions and the registration by THE CUSTOMER will be an indispensable requirement, who must fill out the corresponding form and enter a password. By including all the necessary data, the subscription will be complete. After the registration, it will be understood the knowledge and acceptance of these Terms and Conditions, as well as the provisions corresponding to the protection and treatment of personal data. It should be noted that registration at laladrillera.com.pe is free of charge.

3. SECRET KEY

The CUSTOMER assumes full responsibility for maintaining the confidentiality of his secret password registered in this website, which allows him to make purchases, request services and obtain information. This password is for personal use and it is the responsibility of the user to maintain its confidentiality. Its delivery to third parties does not involve responsibility of LA LADRILLERA or its related parties in case of misuse.

4. USER RIGHTS

THE CUSTOMER enjoys all the rights recognized by the legislation on consumer protection, advertising standards and the law of Personal Data in force in the Peruvian territory, in addition to those that may be granted in these terms and conditions.

5. USES OF THE PORTAL

LA LADRILLERA informs, in an unequivocal and easily accessible way, the steps to be followed to place an order, and will inform via email the receipt of the request and the status of the order. The steps of a purchase will be the following: 1) Addition of products to the shopping cart 2) Validation of customer data 3) Purchase of products 4) Issuance of email which will indicate the status of the order. The CUSTOMER will be able to visualize his order in the following four stages:
i) Pending: before payment has been made.
ii) Paid: when the payment has been validated.
iii) Shipped: when the order is on its way.
(iv) Completed: when the product has been delivered.
The email will include the order detail with billing and shipping information, as well as the products and quantities to be shipped.

6. ACCEPTED MEANS OF PAYMENT:

The products offered on this site may be cancelled through online payments. For this purpose, we accept the following methods:
Credit Cards: We accept Visa, MasterCard, American Express and Diners Club credit cards.
Debit Card: We accept Visa and MasterCard debit cards.
Payments may be made through web pages, mobile applications, Chatbox and Callcenter (IVRs). In the case of accepted bank cards, the aspects related to them such as the date of issuance, expiration, quota, blocking, secret key and deadlines will be governed by the respective Contract of Opening and Rules of Use, so that LA LADRILLERA will have no responsibility in any of the aspects mentioned. The site may indicate certain purchase conditions according to the means of payment used by the user. Likewise, payment by debit or credit card is governed by the terms and conditions established by the issuing bank of the referred card. Including the modality of charging the amount in soles or dollars.

7. PRODUCT ORDERS:

LA LADRILLERA makes its products available to visitors and registrants of its Website. If THE CUSTOMER orders any products, you hereby represent and warrant that you are 18 years of age or older. You agree to pay the full price of any purchase made by THE CUSTOMER, whether by credit/debit card concurrent with your online order or by other means of payment acceptable to LA LADRILLERA. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon claim by us. Some products you purchase through the Web Site may be subject to additional terms and conditions that will be presented to you at the time of such purchase or download.

8. LEGAL CAPACITY TO CONTRACT

The marketing of LA LADRILLERA products is available only to those individuals who have legal capacity to contract, as provided by current legislation. If a person does not have legal capacity to contract, he/she should refrain from using the services offered on the site. LA LADRILLERA may suspend the participation of THE CUSTOMER who is found to lack legal capacity to use the services offered on the site at any time temporarily or permanently or when registering provide information that is false, inaccurate or fraudulent.

9. FORMATION OF CONSENT ON ORDERS PLACED THROUGH THE WEBSITE.

Through laladrillera.com.pe, LA LADRILLERA will make offers of goods and services, which may be accepted electronically, and using the mechanisms that the same site offers for it. In that sense, when THE CUSTOMER “clicks” on the button “complete purchase”, once verified the amount and the products that are in the shopping cart, this action will imply that the user has sent a purchase request. Any offer acceptance will be subject to the condition that LA LADRILLERA validates the transaction. Consequently, for any transaction carried out on this site, confirmation and/or validation and/or verification by LA LADRILLERA will be a requirement for the formation of consent. In order to validate the transaction, LA LADRILLERA shall verify:
a) That the products ordered are available after the purchase and that the products comply with the quality standards.
b) That THE CUSTOMER has legal capacity to contract and is over 18 years of age.
In order to inform the CUSTOMER or consumer about this validation, LA LADRILLERA will send a written confirmation to the same e-mail address registered at LA LADRILLERA accepting the offer, and where THE CUSTOMER can verify the status of his order, so as to ensure due and timely knowledge of the consumer.

10. DISPATCH OF THE PRODUCTS:

The products purchased through laladrillera.com.pe will be subject to the conditions of dispatch and delivery chosen by the CUSTOMER and available on the site. The information of the place of delivery is of exclusive responsibility of THE CUSTOMER. Orders will be served through time ranges defined in the procedures and shipping policy that can be seen on the same website. THE CUSTOMER will be able to choose between three shipping methods of the product:
Express Service:
The days and hours of service are Monday through Friday, from 09:00 am to 6:00 pm (time limit for placing a same-day delivery order), and Saturdays, from 09:00 am to 2:00 pm (time limit for placing a same-day delivery order).. This service includes one (01) pick up/delivery of the product. The product will be shipped within a maximum of four (04) hours upon placing the request for express service in the system.
Scheduled Service:
Orders will be received until 7:00 pm the day before the product is shipped.
The CUSTOMER may choose between three scheduled times for product dispatch from Monday to Friday:
• Schedule 1: 09:00 am to 1:00 pm
• Schedule 2: 1:00 pm to 5:00 pm
• Schedule 3: 5:00 pm to 9:00 pm
Regular Service:
Orders will be received until 11:59 pm the day before delivery. The days and hours of service are Monday through Friday, from 9:00 am to 9:00 pm, and Saturdays, from 09:00 am to 6:00 pm. This service includes one (01) product pick up/delivery. Please also consider the following issues:
The customer is responsible for accurately stating the information requested to deliver the products to the shipping address, on the agreed date, and in a timely manner. If there is any error in the address provided, the CUSTOMER accepts responsibility, and must pay in full for the requested service. In such case, no rescheduling will be set (except in the case of a first attempt in Regular Service mode) and the CUSTOMER will have to place a new order.
The above-mentioned schedules and conditions do not apply to special dates such as: Valentine’s Day (February 14th), Office Secretary’s Day (April 26th), Mother’s Day (2nd Sunday of May), Father’s Day (3rd Sunday of June), Christmas Eve (December 23rd and 24th), and New Year’s Eve (December 31st). During these holidays CUSTOMERS are encouraged to place their orders at least 48 hours prior to the day they desire to receive them, and there is no fixed delivery schedule, as the orders will be dispatched during the course of the day set for delivery. LA LADRILLERA cannot guarantee same-day delivery of orders during the holidays, as stocks may also eventually and temporarily deplete due to our customers’ prerogative to exchange purchased goods for other available ones of their choice which are already scheduled for delivery on that day or the next business day.
The rates for each of the three (03) shipping methods are established by zones and/or districts. These rates are detailed in the Shipping Methods and Policies of the website, along with details of the dangerous areas where orders and shipments by LA LADRILLERA will not proceed.
It is the customer’s responsibility that a person 18 years of age and older, duly identified with an ID card, receives the order at the delivery address during the scheduled delivery date. The signature of the waybill implies that the customer agrees with the product delivered. If the delivery is made to a third party (family members, housemaids, janitors, handymen, etc.) and the third party agrees to the delivery of the product, we will understand that the product was received satisfactorily.
In case of disagreement, you must refuse delivery and state your reasons for refusal, as well as name, signature and ID number on the waybill.
In the event that the shipment cannot be completed on the date selected by the customer because no one is available to receive the product, THE CUSTOMER accepts responsibility and no rescheduling will be generated, so THE CUSTOMER must generate a new order.

11. FREIGHT SERVICE CHARGE

The freight calculation is set forth in the Shipping Methods and Policies and is determined by shipping zone or district.

12. MAXIMUM WAITING TIME FOR DELIVERY

LA LADRILLERA will wait a maximum of 10 minutes after having notified the customer of the arrival of the delivery person at the customer’s address. Past this time, the delivery service will default and responsibility for this will fall on the CUSTOMER.

13. RETURNS POLICY

LA LADRILLERA will only accept returns when the order shipped is overdue or when an item the order -though highly unlikely- is damaged . In this case, LA LADRILLERA will take responsibility for this, and will schedule a new shipping date and compensation.

14. PERSONAL DATA REGISTERED ON THE WEBSITE

The data referred to in these terms and conditions, will be used to validate orders and improve the work of information and marketing of products by LA LADRILLERA. They can only be delivered to subsidiaries or related to LA LADRILLERA and in no case be transferred to third parties. In accordance with Law N° 29733 – Personal Data Protection Law and its Regulation approved by D.S. 003-2013-JUS. 003-2013-JUS, THE CUSTOMER grants its express consent so that the personal data provided to LA LADRILLERA through this means and/or any other means are incorporated in the Data Bank of Persons Interested in LA LADRILLERA and are processed by LA LADRILLERA for the purpose of answering their queries and providing them with advertising information, giving them uses that include issues related to profile analysis, advertising and commercial prospecting, statistical, historical, scientific and educational purposes. THE CUSTOMER authorizes LA LADRILLERA to keep his/her personal data in the aforementioned database as long as they are useful for the aforementioned purposes and uses. THE CUSTOMER may exercise its right of access, update, rectification, inclusion, opposition and deletion or cancellation of personal data by downloading the ARCO rights request form from LA LADRILLERA’s website and sending it to the e-mail atencionalciente@laladrillera.com.pe. LA LADRILLERA’s policies of use and collection of information with respect to user privacy are set forth in the Privacy Policy of laladrillera.com.pe, which is incorporated by reference for all purposes.

15. AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA

By accepting this commitment you authorize LA LADRILLERA to treat your personal data provided herein to send you information about the transaction, promotions, discounts, loyalty programs, events, conducting surveys. Your personal data will be treated in strict compliance with our Privacy Policy and Personal Data Protection published on the website. LA LADRILLERA will be responsible for the treatment and security of the personal data provided to it, which will be stored in a database of its ownership and managed with all the security and confidentiality measures adopted by law.
Personal Data to be processed
LA LADRILLERA will process personal data of an identifying nature, such as: names and surnames; identity documents; address; telephone numbers; e-mail; image; voice; signatures; marital status; date of birth; nationality; profession, occupation; age; academic data; housing characteristics and economic income.
Purpose of processing and transfers to third parties
In the conduct of our normal business activities, LA LADRILLERA may disclose collected information to affiliates and nonaffiliated entities as we deem necessary and as described in this Privacy Statement. In addition, LA LADRILLERA may use personally identifiable information for internal business purposes, such as: analyzing trends and statistics LA LADRILLERA may use third party vendors to ship orders directly to you, and a credit card processing company to bill you for goods and services. In connection with these services, it is necessary to share certain personally identifiable information with these vendors. We have informed these companies that they must not retain, share, store or use personally identifiable information for any secondary purposes. We may also share personally identifiable information with unaffiliated third parties in the event:
The CUSTOMER requests or authorizes it,
The information is provided in order for THE CUSTOMER to complete a transaction as described above,
The information is provided to comply with the law, applicable regulations, court orders or subpoenas, to enforce our terms of use or other agreements, or to protect our rights, property or safety, or the rights, property or safety of our users or others.
On occasion, we partner with third parties to provide specific services, such as sending our newsletters. When you register for these services, we will share names or other contact information that is necessary for the third party to provide these services. We have informed these parties that they are not permitted to use identifying information. We may also share CUSTOMER’s personally identifiable information and non-personally identifiable information, including your name, address, email address and any transactions you conduct on our website or offline with a third-party advertising partner and its service providers in order to deliver customized advertising to you that matches your interests when you visit our website, as well as other websites. Our advertising partner will anonymize the data we provide so that no one else receives your Identifying Information.
Personal Data Retention Period
THE CUSTOMER’s personal data will be stored as long as its processing is necessary to fulfill the purposes described above.
Rights
At any time THE CUSTOMER shall have the right to access, rectify, update, cancel, oppose, limit and/or revoke the processing of his/her personal data. To do so, THE CUSTOMER may submit a request with his/her name and ID to atencionalcliente@laladrillera.com.pe or by calling +511 684 6797. (VERIFICAR EL NÚMERO)

16. VALIDITY OF SPECIAL OFFERS CONTAINED IN THE WEB SITE

The prices of the products and services available on the website will only be valid and applicable on the website and will not necessarily be applicable to other sales channels used by LA LADRILLERA, unless otherwise indicated by LA LADRILLERA. Likewise, LA LADRILLERA may modify any information contained in this site, including those related to merchandise, services, prices, stock and conditions, at any time and without prior notice, respecting the purchases that have been accepted up to that moment.

17. DISCOUNTS AND REWARDS

The discounts and rewards offered on this Web site are not necessarily the same as those offered by other sales channels used by LA LADRILLERA, unless expressly stated on this site or in the advertising that LA LADRILLERA carries out for each promotion.
18. REPRESENTATIVES
Any submission or claim related to acts or contracts executed or entered into through this site, must be submitted by sending a mail to atencionalciente@laladrillera.com.pe. LA LADRILLERA has a maximum term of 30 days to resolve any claim submitted through this channel.

19. DELAY DUE TO ACTS OF GOD OR FORCE MAJEURE

LA LADRILLERA shall not be liable if due to acts of God, force majeure and/or natural disasters LA LADRILLERA or the company hired for the courier service does not deliver the product on the date agreed with THE CUSTOMER.

20. INTELLECTUAL PROPERTY

All commercial rights, trademarks and patents used in this site, including the design, photographs, illustrations, graphics, videos, copies, texts, software and other visual media of this page, are owned by LA LADRILLERA or belong to the registered owner of such marks, so all intellectual property rights are expressly reserved in accordance with the provisions of Peruvian law. THE CUSTOMER may not download, inform, expose, publish, copy, reproduce, transmit, modify, perform, disseminate, transfer, create derivative works, sell or otherwise exploit any of the content, codes, data or materials available on the Website. The CUSTOMER may only make copies or individual printouts of the content of the Website for personal use, being prohibited to use the content for commercial or public use. THE CUSTOMER acknowledges that he/she does not acquire any property right when downloading any material through the Web Site. Any distribution, publication or commercial or promotional exploitation is prohibited, unless THE CUSTOMER has received prior express permission from authorized LA LADRILLERA personnel.

21. PAYMENT RECEIPTS (SIN PUNTO FINAL “.”)

According to the Payment Receipts Regulations approved by Superintendence Resolution N° 007-99 / SUNAT (RCP) and the Single Ordered Text of the General Sales Tax and Selective Consumption Tax Law, approved by Supreme Decree N° 055-99-EF and amendments (TUO of the IGV): “There is no procedure in force that allows the exchange of sales slips for invoices, moreover, credit notes are not provided to modify the purchaser or user that appears in the original payment voucher”. Therefore, the CUSTOMER must correctly decide the document to be requested as proof of payment at the time of purchase, since according to the aforementioned paragraphs, no change shall be made. The electronic invoices, electronic sales slips and electronic notes linked to these electronic receipts will be made available to THE CUSTOMER, for which purpose the necessary data will be sent to the e-mail address designated by THE CUSTOMER, so that he/she can consult the electronic receipt on the aforementioned website and have the possibility of downloading it, in accordance with Article 15 of Superintendence Resolution N° 097-2012/SUNAT, Superintendence Resolution that creates the Electronic Issuance System developed from the taxpayer’s systems.

22. TERMINATION OF THE RELATIONSHIP

LA LADRILLERA may terminate, change, suspend or discontinue any aspect of the Web Site or the services thereof at any time. LA LADRILLERA may restrict, suspend or terminate CUSTOMER’s access to the Web Site if it is in breach of the Terms and Conditions or applicable law without notice or liability. LA LADRILLERA maintains a policy that provides for termination of Web Site use privileges in cases of intellectual property rights violations.